Terms and Conditions of Purchase and Delivery

1. Preamble

These Terms and Conditions of Purchase and Delivery (hereinafter "Conditions") comprehensively regulate all purchase and delivery transactions that can be offered, loaned or carried out from the online store located on the website https://lepetitcafe.barcelona (hereinafter 'Website') owned by the company Waëferhuus, SL / Le Petit Café 217, with Tax Identification Number or Code (CIF/NIF) nº B67606442, registered office at Carrer del Comte Borrell 217, 08029 Barcelona (Catalonia).

These Conditions can be modified by Waëferhuus, S.L. / Le Petit Café 217 at any time, the user being informed of the existence of any new version of these that contains substantial changes.

Main points to read before placing an order online:

•  We recommend creating a customer profile before placing an order online. Your customer profile will not include any bank card number and your information will be kept confidential (see our "Privacy Policy").

•  At the time of paying for the order online (checkout), you must first enter your address and postal code (zip code) on a form to display delivery options: in-store pickup, or home delivery. If the form crashes or is slow after entering the postal code, refresh the page (e.g. click "Enter" directly in the address bar https://www ...). You can refresh the page as many times as necessary as long as you have not entered your bank card number.

•  We prefer in-store delivery (in-store pickup). In the box for this option, select the date and time slot in which you want to pick up your order.

•  We deliver free of charge if your address is LESS than 500 meters from Le Petit Café 217. In this case, choose the option "in-store pickup" but in the comment box please write "please deliver to the indicated address, which is less than 500 meters away from Le Café Petit Café 217". We reserve the right not to make the delivery if the distance does not comply with this option. Contact us at +34 935 254 066 if you have a question about the distance.

•  If your address is MORE than 500 meters from Le Petit Café 217, delivery will not be free; FURTHERMORE we only deliver to the 08029 and 08036 POSTAL AREAS (Barcelona). Delivery fee: € 6 (or free if less than 500 m, as said before). We reserve the right not to deliver if you enter a zip code that does not meet this option.

2. The User

Access, navigation and use of the Website, confers the condition of User, therefore, from the beginning of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding mandatory legal regulations depending on the case.

The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:

Make use of this Website only to make inquiries and legally valid purchases or acquisitions.

Do not make any false or fraudulent purchase.

Provide truthful and lawful contact information, for example, email address, postal address and / or other information.

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is aimed mainly at Users residing in Spain. Waëferhuus, S.L. / Le Petit Café 217 (https://lepetitcafe.barcelona) does not ensure that the Website complies with the laws of other countries, either totally or partially.

3. Applicability of the Purchase Conditions

These Conditions apply to all quotes, offers, activities, agreements and deliveries of products by or on behalf of Waëferhuus, S.L. / Le Petit Café 217 (https://lepetitcafe.barcelona). Deviation from these conditions is only possible if the parties have so explicitly agreed in writing.

 4. Purpose

These conditions will regulate the use of the website https://lepetitcafe.barcelona that Waëferhuus, S.L. / Le Petit Café 217 makes available to its users and customers. The purchase at https://lepetitcafe.barcelona can be made from Spain, including the entire Spanish territory. The products that the Website sells are mainly:

viennoiseries/pastries, waffles, wafers, cookies, pies, cakes, chocolates and other confectionery and pastry products, as well as some clothing and decorative items related to the image and promotion of Waëferhuus, S.L. / Le Petit Café 217.

These Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Royal Legislative Decree 1/2007, of November 16 (Spain), which approves the Consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, all of them mandatory legal provisions.

Waëferhuus, S.L. / Le Petit Café 217 (https://lepetitcafe.barcelona) may modify them without prior notice, so it recommends a periodic consultation of the Conditions on the website https://lepetitcafe.barcelona. However, Waëferhuus, S.L. / Le Petit Café 217 is always committed to keeping them up to date, publishing the latest version and allowing them to be accessed and printed at any time.

5. Conditions of access and purchase

Access to the Waëferhuus, S.L. / Le Petit Café 217 (https://lepetitcafe.barcelona) is free and attributes the status of User to whoever performs it, regardless of the subsequent use of the services offered.

The User must register in order to buy in our store by completing a form, which will involve assigning personal credentials made up of a unique identifier (which will be the email address) and a password, whose conservation and custody It will depend exclusively on the User, who must operate with them with due diligence. Therefore, you will not use any other passwords that are not yours, in order to impersonate other Users in the use of https://lepetitcafe.barcelona.

The acquisition of the products at https://lepetitcafe.barcelona can only be made by users over eighteen (18) years old, who must follow the steps and instructions that will accompany the entire purchase process, consistent, by way of example:

(i)  Completion of the registration form or the one for identifying previously registered users;

(ii)  On-screen display of the order summary, delivery conditions and shipping costs - where applicable -;

(iii)  Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these Conditions, as well as, where appropriate, the existing Particular Conditions and

(iv)  Immediate receipt of a summary email in the account used in the registration or - failing that - in the shortest possible time and always before the next twenty-four hours.

The acquisition of products at https://lepetitcafe.barcelona for their subsequent distribution or resale is not allowed, either in public establishments or carried out in the domestic sphere. Waëferhuus, S.L. / Le Petit Café 217 will regulate and authorize the necessary permits if at any time it consents, for which it will reliably notify said authorization to the authorized agent.

6. Orders

No valid order can be made without expressly accepting, through the boxes provided for this purpose, the terms and conditions and the privacy policy of Waëferhuus, S.L. / Le Petit Café 217.

All orders will be considered purchase offers subject to these terms and conditions. Waëferhuus, S.L. / Le Petit Café 217 reserves the right to accept them if the requirements set forth therein are not met.

Once an order is placed, the system automatically generates a receipt of the order. However, this confirmation does not imply the automatic acceptance of the order, since Waëferhuus, S.L. / Le Petit Café 217 reserves the right to collect additional information, related to identity and address to guarantee both a correct delivery of the order, and to ensure the absence of fraud related to transactions.

Orders can be made 365 days a year, at any time, except at times when the service is suspended for maintenance or other commercial circumstances and / or force majeure.

Any order is subject to product availability. In the event that it is not possible to deliver an order due to supply problems or due to insufficient stock, the User will have the option of waiting until the product is available or canceling the order.

7. Delivery

Delivery will be deemed to have occurred at the time the User or a third party indicated by him acquires material possession of the products.

Currently we prefer orders to be picked up inside the Le Petit Café 217 cafeteria, but we also make home deliveries in areas close to the cafeteria, with or without shipping costs depending on the distance (areas and delivery costs are indicated on the product sheet and the cart in the Website).

The delivery time for the order will vary according to the product or the selected shipping method and will be indicated on the Website. In the event that the indicated delivery date cannot be met, we will inform the User of this circumstance and will be offered the option to proceed with the purchase by setting a new delivery date or the possibility of canceling the order obtaining a full refund. of the price paid.

In the absence of the recipient at the time of delivery, the order can be collected at Le Petit Café 217, c/ Comte Borrell 217, 08029 Barcelona. Once the period has elapsed without the collection taking place, the shipment will be returned to Waëferhuus, S.L. / Le Petit Café 217.

8. Price and payment

It is understood that the price of each product is the one that will appear on the Website at the time of placing each order. The User must pay the marked price, including applicable taxes, along with shipping costs, which will be added to the final price to pay.

Prices can be modified by Waëferhuus, S.L. / Le Petit Café 217 at any time and without prior notice without affecting already confirmed orders. However, even confirmed Waëferhuus, S.L. / Le Petit Café 217 will not be obliged to attend orders when the price is incorrect, especially when the error is manifest and easily recognizable.

The accepted means of payment are:

•  Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards.

•  In cash on the premises during the collection of the merchandise.

Waëferhuus, S.L. / Le Petit Café 217 reserves the right to change the payment methods, being able to create new ones or eliminate any of the existing ones, without the user/client of https://lepetitcafe.barcelona being able to make claims for this reason. However, if the change in the payment method affects an order that has already been placed, from https://lepetitcafe.barcelona we will contact the client to inform them of said change, offering them the option to cancel the order if they deem it convenient.

Payment by credit / debit card: the charge is made online, that is, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data communicated is correct. In order to give maximum security to the payment system, baiba.cafe uses secure payment systems from leading financial institutions in electronic commerce. In this sense, confidential data is transmitted directly and in an encrypted form (SSL) to the corresponding financial institution. The SSL encryption system that is used confers total security to the transmission of data through the network. Customer data is fully confidential and protected. Credit card data is not recorded in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of the financial entity of Waëferhuus, S.L. / Le Petit Café 217, through its Secure Payment Gateway. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, Waëferhuus, S.L. / Le Petit Café 217 is not responsible for any delay or lack of delivery and will not be able to formalize any Contract with the customer. Waëferhuus, S.L. / Le Petit Café 217 reserves the right to verify the personal data provided by the customer and adopt the measures it deems appropriate (including the cancellation of the order) so that the purchased merchandise is delivered in accordance with the data contained in the order.

9. Right of withdrawal

In accordance with Law 3/2014, of March 27 (Spain) on consumer defense, the User has the right to withdraw from the contract entered into through https://lepetitcafe.barcelona within a period of 14 calendar days without the need to justification. The withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired material possession of the goods.

However, in accordance with the exceptions provided by article 103 (Exceptions to the right of withdrawal) of the aforementioned Law 3/2014, the right of withdrawal will not apply to contracts related to:

•  The supply of goods that may deteriorate or expire quickly (including, but not limited to, any food products).

•  The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery (including, but not limited to, any food products or beauty care products if its lid or closure is removed).

•  The supply of goods that present an evident defect which has been recognized, acknowledged and accepted by the user/client the time of delivery.

•  The supply of goods that after delivery and taking into account their nature have been inseparably mixed with other goods.

•  The supply of goods made according to the specifications of the consumer and user or clearly personalized.

•  The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completed, been completely executed by Waëferhuus, SL / Le Petit Café 217, you will have lost your right of withdrawal.

•  The supply of alcoholic beverages whose price has been agreed at the time of entering into the sale contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that Waëferhuus, S.L. / Le Petit Café 217 can't control.

To exercise the right of withdrawal, if applicable despite the cases mentioned above, the User must notify Waëferhuus, S.L. / Le Petit Café 217 your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email).

To meet the withdrawal period, it is sufficient that the communication regarding the exercise by the User of this right is sent before the corresponding period expires.

In case of withdrawal, Waëferhuus, S.L. / Le Petit Café 217 will return all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the less expensive mode of ordinary delivery that is offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which the User informs Waëferhuus, SL / Le Petit Café 217 of its decision to withdraw from the contract. Waëferhuus, S.L. / Le Petit Café 217 will proceed to make said reimbursement using the same means of payment used by the User for the initial transaction, unless the User has expressly provided otherwise; In any case, the User will not incur any expense as a result of the refund. Waëferhuus, S.L. / Le Petit Café 217 may withhold the refund until the goods have been received.

The User must return or deliver the goods directly to Waëferhuus, S.L. / Le Petit Café 217, without any undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if the User returns the goods before said term has expired. The User must bear the direct cost of returning the goods.

The User will only be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

10. Customer Service

Waëferhuus, S.L. / Le Petit Café 217 has a customer service so that the User can manage their claims, doubts, or can request guarantees and execute the right of withdrawal.

The User can direct their complaints, claims or requests for information to the Customer Service of Waëferhuus, S.L. / Le Petit Café 217 using any of the following ways:

•  Sending a letter to the Customer Service of Waëferhuus, S.L. / Le Petit Café 217, c / Comte Borrell, 217, 08029 Barcelona (Catalonia)

•  By calling +34 935 254 066, from Monday to Saturday (09:00 a.m. to 5:00 p.m.)

•  Sending an email to: info@lepetitcafe.barcelona

•  Filling in the form available in the 'Customer Service' section.

All doubts and especially complaints and suggestions will be attended to as quickly as possible, without exceeding in any case the deadlines established by current legislation.

Likewise, you will have proof of them by delivering a written receipt, on paper or on any other durable medium.

11. Protection of personal data

The company Waëferhuus, S.L. / Le Petit Café 217 is responsible for the processing of the User's personal data and informs them that these data will be treated in accordance with the provisions of Organic Law 3/2018, of December 5 (Spain) on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, therefore The following treatment information is provided to you.

Purpose of the treatment: maintain a commercial relationship with the User.

The personal data collected on this Website are the following:

•  Account opening: when creating the User's account, their name, surname, telephone number, postal address,

•  Login: when the User connects to the web page, they register, in particular, their surname, first name, access data, usage data, location and payment data.

•  Profile: using the services provided on the Website allows you to enter a profile, which can include an address and a telephone number.

•  Payment: as part of the payment for the products and services offered on the Website, the financial data relating to the User's bank account or credit card are recorded.

•  Communication: when the Website is used to communicate with other members, the data regarding the User's communications is temporarily stored.

•  Cookies: cookies are used when using the site. The User has the possibility of deactivating cookies from their browser settings.

Use of personal data

The purpose of the personal data collected from users is to make the services of the Website available to them, improve them and maintain a safe environment. More specifically, the uses are as follows:

•  access and use of the Website by the User;

•  management of the operation and optimization of the Website;

•  organization of the conditions of use of the Payment Services;

•  verification, identification and authentication of the data transmitted by the User;

•  proposal to the User of the possibility to communicate with other users of the Website;

•  implementation of user assistance;

•  personalization of services by displaying advertisements based on the User's browsing history, according to their preferences;

•  fraud prevention and detection, management of malware (malicious software) and security incidents;

•  management of possible conflicts with users;

•  sending commercial and advertising information, according to user preferences.

Sharing personal data with third parties

Personal data can be shared with third parties in the following cases:

•  when the User uses payment services, for the implementation of these services, the Website is in contact with third-party banking and financial entities with which it has entered into contracts;

•  when the User posts publicly accessible information in the free comment areas of the Website;

•  when the User authorizes the website of a third party to access their data;

•  when the Website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to user data, in the context of the provision of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

•  if required by law, the Website may transmit data to file claims against the Website and comply with administrative and judicial procedures;

Security and confidentiality

The Website applies organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and that the Website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of User rights

•  In accordance with the regulations applicable to personal data, the User has the following rights, which they can exercise by directing their request to the following address:

Waëferhuus, S.L. / Le Petit Café 217, c/ Comte Borrell, 217, 08029 Barcelona (Catalonia)

or to the following email address: info@lepetitcafe.barcelona

•  Right to withdraw consent at any time.

•  Right of access, rectification, portability and deletion of your data and the limitation or opposition to its treatment.

•  Right to file a claim with the control authority (agpd.es) if you consider that the treatment does not comply with current regulations.

12. Language of the contract

These Purchase and Delivery Conditions are written in Spanish. In the event that they are translated into one or more languages, the Spanish text will prevail in case of dispute.

13. Applicable law

These Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the User's domicile.