GENERAL TERMS AND CONDITIONS OF SALE
1. GENERAL INFORMATION
The ownership of this website, Restaurant ALMAR (hereinafter referred to as the “Website”), is held by ALNARU HOSTELERIA S.L, with the following contact details:
- Address: Av. Kurt Konrad Mayer, 63, 38670 Costa Adeje, Santa Cruz de Tenerife
- Contact Telephone: +34 603 255 741
- Contact Email: almartenerife.booking@gmail.com
This document (as well as other documents mentioned herein) regulates the terms and conditions governing the use of this Website (https://almartenerife.com/) and the purchase or acquisition of products and/or services on the same (hereinafter, the “Terms”).
For the purposes of these Terms, it is understood that the activity that Restaurant ALMAR develops through the Website includes:
- The sale of gift vouchers for visits to our restaurant.
- The sale of Tasting Menu experiences (reservation required; valid for 6 months).
In addition to reading these Terms, before accessing, browsing, and/or using this Website, the User must have read the Legal Notice and General Conditions of Use, including the cookie policy, and the privacy and data protection policy of https://almartenerife.com/. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Terms and all aforementioned policies, so if you do not agree with all of this, you should not use this Website.
Restaurant ALMAR reserves the right to modify these Terms at any time. The User is responsible for consulting them each time they access, browse, and/or use the Website, as those that are in effect at the time when the purchase of products and/or services is requested will be applicable.
For any questions that the User may have in relation to these Terms, they can contact the owner using the contact information provided above or, where appropriate, using the contact form available on the Website.
2. THE USER
Access, navigation, and use of the Website confer the condition of user (hereinafter referred to, interchangeably, as “User” or “Users”), which implies acceptance, from the moment navigation on the Website begins, of all the Terms established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Making use of this Website only to make legally valid inquiries and purchases or acquisitions.
- Not making any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be canceled, and the relevant authorities would be informed.
- Providing truthful and lawful contact information, such as email address, postal address, and/or other necessary data.
The User declares to be over 18 years old and to have the legal capacity to enter into contracts through this Website.
The User may formalize, at their choice, with Restaurant ALMAR, the contract for the sale of the desired products and/or services in any of the languages in which these Terms are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Registered Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of Restaurant ALMAR, during which various products and/or services can be selected and added to the cart, basket, or final purchase space and, finally, click on “Place Order”.
The User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, purchase details can be modified.
Subsequently, the User will receive an email confirming that Restaurant ALMAR has received their order or purchase request, that is, the order confirmation. Where appropriate, they will also be informed via email when their purchase is being processed.
Once the purchase procedure has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal account on the Website. Likewise, the User can, if they wish, obtain a copy of their invoice in paper form by requesting it from Restaurant ALMAR using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and which are displayed alongside the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example but not exhaustive, and attending to each case: name, price, components, quantity, details of the products, or characteristics, and recognizes that the execution of the purchase order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders, and payments involved during transactions carried out on the Website could be archived and kept in the computerized records of Restaurant ALMAR in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly in compliance with the General Data Protection Regulation (GDPR) (EU 2016/679) and the Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, and the rights that assist Users according to the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Restaurant ALMAR through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure affects the supply of the same and/or the provision of services. If difficulties arise regarding the supply of products or no products remain in stock, Restaurant ALMAR undertakes to contact the User and reimburse any amount that may have been paid as an amount. This shall also be applicable in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes unless, by legal requirement, especially concerning VAT, a different matter is indicated and applied.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
5.1. Prices
- Gift Vouchers: Prices as indicated on the Website at the time of purchase.
- Tasting Menu: Prices as indicated on the Website at the time of reservation. The Tasting Menu requires a reservation and is valid for 6 months from the date of purchase.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
5.2. Payment Methods
The accepted payment methods are:
- Credit or Debit Card: All transactions are processed through a secure payment gateway that encrypts your card details. Accepted cards include Visa, MasterCard, and American Express.
Restaurant ALMAR uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. The Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorizations by the issuing bank entity. If the entity does not authorize the payment, Restaurant ALMAR will not be responsible for any delay or non-delivery and cannot formalize any contract with the User.
5.3. Reservation Guarantee and Cancellation Policy
- In the event of a no-show on the reservation day or cancellation with less than 24 hours’ notice, Restaurant ALMAR reserves the right to cancel the coupon for the tasting menu without issuing a refund to the customer.
- If the reservation is canceled with more than 24 hours’ notice, no penalty will be applied.
By clicking on “Place Order”, the User confirms that the payment method used is theirs.
6. DELIVERY
6.1. Digital Delivery
- Gift Vouchers will be delivered digitally to the email address provided by the User during the purchase process immediately upon confirmation of payment.
6.2. Physical Delivery
- Currently, there is no physical delivery applicable to the products and services offered through the Website. All services are to be redeemed in person at the restaurant premises located at Av. Kurt Konrad Mayer, 6, 38670 Costa Adeje, Santa Cruz de Tenerife.
6.3. Service Provision
- The Tasting Menu service will be provided on the date and time reserved by the User through the Website, subject to confirmation by Restaurant ALMAR.
In case of any unforeseen circumstances or force majeure that prevents the provision of the service on the agreed date, Restaurant ALMAR undertakes to contact the User and offer alternative dates or a full refund of any amount that may have been paid.
7. TECHNICAL MEANS TO CORRECT ERRORS
In case the User detects that an error has occurred when entering data necessary to process their purchase request on the Website, they can modify them by contacting Restaurant ALMAR through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General Information).
In any case, the User, before clicking on “Place Order”, has access to the cart or basket where their purchase requests are noted and can make modifications.
The User is advised to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right to rectification as established in the General Data Protection Regulation (GDPR) (EU 2016/679).
8. RETURNS AND RIGHT OF WITHDRAWAL
8.1. Right of Withdrawal
In accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal will not apply to the provision of services or the supply of goods made according to the specifications of the consumer or clearly personalized, or which, by their nature, cannot be returned or may deteriorate or expire rapidly.
8.1.1. Gift Vouchers
- All sales of Gift Vouchers are final, and no refunds will be provided once the purchase is completed.
8.1.2. Tasting Menu
- All sales of Tasting Menu are final, and no refunds will be provided once the purchase is completed.
8.2. Procedure for Claims
For any issues related to the purchase or provision of services through the Website, the User can contact Restaurant ALMAR through the contact information provided at the beginning of these Terms. We will strive to resolve any issues promptly and satisfactorily.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Restaurant ALMAR will not accept any responsibility for the following losses, regardless of their origin:
- Any losses not attributable to any breach on their part.
- Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of products between both parties was formalized.
Similarly, Restaurant ALMAR also limits its liability in the following cases:
- Technical failures due to fortuitous or other causes that prevent normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents having the service available. Restaurant ALMAR puts all the means at its disposal for the purpose of carrying out the process of purchase, payment, and service provision/delivery, however, it disclaims responsibility for causes that are not attributable to it, fortuitous event, or force majeure.
- Restaurant ALMAR will not be held responsible for the improper use and/or wear of the products or services that have been used by the User. At the same time, Restaurant ALMAR will not be held responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product or service.
- In general, Restaurant ALMAR will not be responsible for any failure or delay in fulfilling any of the obligations assumed, when it is due to events beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of the use of trains, ships, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations will be suspended during the period that the force majeure continues, and Restaurant ALMAR will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. Restaurant ALMAR will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Restaurant ALMAR are electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that Restaurant ALMAR sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Restaurant ALMAR through the contact information provided in these Terms and, where appropriate, through the contact forms on the Website.
Similarly, unless otherwise stipulated, Restaurant ALMAR can contact and/or notify the User via email or at the postal address provided.
11. WAIVER
No waiver by Restaurant ALMAR of a specific legal right or action or the lack of requirement by Restaurant ALMAR of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Terms, nor will it exonerate the User from the fulfillment of their obligations.
No waiver by Restaurant ALMAR of any of these Terms or rights or actions derived from a contract will take effect unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Terms were declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the entire agreement between the User and Restaurant ALMAR in relation to the object of the sale and supersede any other pact, agreement, or promise previously agreed verbally or in writing by the same parties.
The User and Restaurant ALMAR acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Terms.
14. PROTECTION OF DATA
The information or personal data that the User provides to Restaurant ALMAR in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation, and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish law.
Any controversy, problem, or disagreement that arises or is related to access, navigation, and/or use of the Website, or with the interpretation and execution of these Terms, or with the sales contracts between Restaurant ALMAR and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts of Santa Cruz de Tenerife.
16. COMPLAINTS AND CLAIMS
Users may send their complaints, claims or any other comments they wish to make to https://almartenerife.com/ using the contact details provided at the beginning of these Terms and Conditions (General Information).
In addition, https://almartenerife.com/ has official complaint forms available to consumers and users, which they can request from https://almartenerife.com/ at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between https://almartenerife.com/ and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.
