Terms and Conditions – Shoarma La Marina Javea
1. General
These Terms and Conditions apply to all orders, deliveries, and services provided by Shoarma La Marina Javea, located in Javea (Alicante), Spain, hereinafter referred to as "the Restaurant." By placing an order through our website, mobile application, telephone, or any other ordering channel, the customer agrees to these Terms and Conditions.
2. Formation of the Agreement
The agreement is concluded once the Restaurant has received and confirmed the customer's order. After placing an order, the customer will receive an order confirmation by email or through the ordering application. Customers are advised to carefully review the confirmation and immediately contact the Restaurant if any information is incorrect. The Restaurant reserves the right to refuse or cancel an order for justified reasons, including but not limited to technical issues, pricing errors, suspected fraud, or product unavailability. Any payment already made will be refunded in full.
3. Prices
All prices displayed on our website and ordering platform include the applicable Spanish Value Added Tax (VAT), unless otherwise stated. Delivery charges, where applicable, will be clearly displayed during the ordering process before the order is finalized. The Restaurant reserves the right to modify prices, products, and promotional offers at any time.
4. Orders and Delivery
Orders may be placed during the opening hours published on our website and ordering application. The Restaurant aims to deliver orders within the estimated delivery time provided. However, delivery times are indicative only and may be affected by traffic conditions, weather, high order volumes, or other unforeseen circumstances. If delivery cannot be completed due to incorrect or incomplete address information provided by the customer, the customer shall be responsible for any resulting costs or delays. The risk associated with the order transfers to the customer only upon successful delivery or collection of the order.
5. Cancellation and Right of Withdrawal
As our products consist of freshly prepared food items made according to the customer's specifications, the statutory right of withdrawal applicable to distance selling contracts does not apply. Orders may only be cancelled if preparation has not yet started and only with the Restaurant's prior approval.
6. Payment
Payment may be made using the payment methods offered on our website, mobile application, or upon delivery where available. Online payments are processed through secure third-party payment service providers. The Restaurant shall not be liable for interruptions, delays, or errors caused by external payment providers.
7. Allergens and Food Information
The Restaurant provides allergen information in accordance with applicable Spanish and European food regulations. Customers are responsible for informing the Restaurant of any allergies, intolerances, or dietary requirements before placing an order. Although the Restaurant takes reasonable precautions during food preparation, cross-contamination cannot be completely excluded.
8. Complaints
If you are dissatisfied with your order, please contact the Restaurant as soon as possible and preferably within 24 hours of receiving your order. Complaints may be submitted through our contact form, by email, or by telephone. The Restaurant will investigate all complaints and make reasonable efforts to provide a fair and satisfactory resolution.
9. Liability
The Restaurant shall only be liable for direct damages resulting from intentional misconduct or gross negligence on the part of the Restaurant. The Restaurant's total liability shall be limited to the value of the relevant order. The Restaurant shall not be liable for indirect damages, consequential losses, loss of profits, loss of savings, or any other financial losses, except where such limitation is prohibited by applicable law.
10. Intellectual Property Rights
All intellectual property rights relating to the Restaurant's website, mobile application, trademarks, logos, texts, images, menus, promotional materials, and other content remain the exclusive property of the Restaurant or its licensors. No part of the website, application, or related materials may be copied, reproduced, distributed, or used without prior written permission from the Restaurant.
11. Privacy
The Restaurant processes personal data in accordance with the applicable European General Data Protection Regulation (GDPR) and other relevant privacy laws. Further information regarding the processing of personal data can be found in our Privacy Policy. Personal data will never be sold to third parties and will only be processed for the purposes of fulfilling orders, providing services, and complying with legal obligations.
12. Promotions and Special Offers
Promotional offers, discount codes, and special deals are valid only during the specified promotional period. Discounts and promotional codes must be applied during the ordering process and cannot be applied retrospectively. The Restaurant reserves the right to modify, withdraw, refuse, or terminate promotions at any time, particularly in cases of misuse or fraud.
13. Amendments to these Terms and Conditions
The Restaurant reserves the right to amend these Terms and Conditions at any time. The most current version will always be available on our website and will apply to all future orders.
14. Governing Law and Jurisdiction
These Terms and Conditions and all agreements between the Restaurant and the customer shall be governed exclusively by the laws of Spain. Any disputes arising from or relating to these Terms and Conditions shall be submitted to the competent courts of Alicante Province, Spain, unless mandatory consumer protection laws provide otherwise.