Terms and conditions

0. Purpose

These General Conditions govern the purchase of the products and services offered on the website delivery.gumencatering.com, owned by GUMEN CATERING, S.L. (hereinafter, GUMEN).

The purchase of any of the products and services implies full and unreserved acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of any Particular Conditions that may apply when purchasing certain products and services. These General Conditions may be modified without prior notice; it is therefore advisable to read their content carefully before purchasing any of the products and services offered.

1. Identification

GUMEN, in compliance with Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, informs you that:

Its company name is: GUMEN CATERING, S.L.
Its trade name is: GUMEN CATERING
Its Tax ID (CIF) is: B63264915
Its registered office is at: C/ Tamarit 10, 08205 Sabadell, Barcelona

It is registered in the Barcelona Companies Register, Volume 35808, Folio 141, Sheet B266855, Entry 1, B63264915

2. Communications

To communicate with us, we provide you with the following means of contact:

Telephone: 937178335
Email: info@gumen-catering.com
Postal address: C/ Tamarit 10, 08205 Sabadell, Barcelona

All notifications and communications between website users and GUMEN shall be deemed effective, for all purposes, when made through any of the means detailed above.

3. Products and services

GUMEN is an online prepared-food service; the dishes are cooked on the same day as delivery. GUMEN does not work with a stock of dishes.

The dishes and their prices are displayed on screen. GUMEN reserves the right to decide, at any time, which products and services are offered to Customers. In this way, GUMEN may, at any time, add new products and services to those currently offered. Likewise, GUMEN reserves the right to withdraw or stop offering, at any time and without prior notice, any of the products and services offered.

All of this without prejudice to the fact that products and services may only be purchased upon registration of the USER. The User will create their own username and password, through the means provided by GUMEN on the platform, which will identify them and personally enable them to access the products and services. Once inside delivery.gumencatering.com, and in order to purchase the various products and services, the User must follow all the instructions indicated in the purchase process, which entails reading and accepting all the general and particular conditions set out at delivery.gumencatering.com.

4. Availability

GUMEN guarantees the availability of all the dishes of the day advertised on its website on that day. If, in the event of force majeure, a change has to be made, we will contact the customer. GUMEN is not responsible for any damage or harm that may be caused to the USER as a result of failures or disconnections in telecommunications networks resulting in the suspension, cancellation or interruption of the delivery.gumencatering.com service during its provision.

5. Purchase process

To make any purchase at delivery.gumencatering.com, the customer must be of legal age. In addition, the customer must register at delivery.gumencatering.com via a data collection form providing GUMEN with the information necessary for the purchase; such data must in any case be truthful, accurate and complete regarding their identity, and the customer must expressly consent to it by accepting GUMEN's privacy policy.

The steps to follow to make a purchase are:

1. Select the dishes and formats on the website and add them to the basket.
2. Confirm the order on the page showing the selected dishes, the units of each dish with the price and the total price.
3. Select the payment method.
4. If you have not logged in as a registered user, you must fill in the details needed for delivery.

Once the order has been placed, the customer receives an e-mail confirming the order and its breakdown.

6. Delivery times

Delivery takes place on the following days and times: Monday to Friday from 12:00 to 15:00 (other times to be agreed upon prior consultation).

Alternatively, the user may choose in-store pickup (C/ Tamarit 10, Sabadell) at no transport cost.

7. Prices, costs and taxes

The prices of the products and services listed at delivery.gumencatering.com are expressed in euros unless otherwise stated and are guaranteed for their period of validity, except in the event of a printing error and whatever the destination of the order. There is no minimum order.

Products include 10% VAT.

Product prices may change at any time. In this case, the price to be applied will be the one in force on the date the order is placed. In any event, the final cost will be communicated to the customer during the electronic purchase process before the customer formalises their acceptance.

8. Payment methods

The payment methods available for purchases are:

Credit or debit card through the secure payment gateway (Redsys), with the option of saving your card for one-click purchases. Meal-voucher cards (Cobee, Pluxee, Edenred, Sodexo) are also accepted through the same gateway. If a refund or order cancellation is necessary, the amount will be refunded as Gumen credit.

Gumen credit: a rechargeable wallet within the user's account; refunds are credited to this balance.

Company charge or company subsidy, where the user's company has this option enabled.

Direct debit (SEPA), for companies with this payment method agreed.

9. Product warranty

Once the dishes have been delivered, the customer must follow the storage instructions to keep the product in good condition in the fridge. Our website provides recommendations in this regard. In all cases, the product must be kept refrigerated until it is eaten, which must be within 24 hours of receipt.

Information on storage failures or dishes in poor condition is set out in section 11.

10. Returns and withdrawal policy

The products delivered are cooked food with an expiry date and are therefore exempt from the right of withdrawal. In other words, the user is informed of the existence of this right but, at the same time, by contracting the service, accepts and consents that once the dishes have been received, the right of withdrawal may not be exercised, which means they cannot be returned.

11. Liability and exemption from liability

Consumers and users are entitled to the repair of the product, its replacement, a price reduction or termination of the contract, as established in Chapter II, Title IV, Book II of the Spanish General Law for the Defence of Consumers and Users. If the product does not conform to the contract, the consumer may choose between repair or replacement of the product, both free of charge for the consumer, which will be carried out within a reasonable period of time depending on the nature of the products and their intended purpose. If, once the replacement has been completed and the product delivered, it still does not conform to the contract, the consumer may demand its replacement, a price reduction or termination of the contract. Specific observations in this regard:

If, for reasons attributable to GUMEN, such as breakage of the packaging during transport, loss or theft of any of the dishes during transport, or a storage failure of a dish, GUMEN will replace the defective or missing dish as soon as possible, provided that it or another of similar characteristics is available. If none of these situations apply, the price of the dish will be refunded.

GUMEN is not responsible for the condition of the dish once delivered to the customer if the customer has not followed the refrigerated storage recommendations indicated by GUMEN on its website.

GUMEN may suspend, withdraw or cancel, in whole or in part, the services subject to contracting at any time and without prior notice. The foregoing shall not affect those services that are reserved for registered users or that are subject to prior contracting, which shall be governed by their specific conditions.

12. Customer service and complaints

To file any complaint or claim with GUMEN, the customer should contact the customer service department either by telephone on 937178335, by e-mail at info@gumen-catering.com, or through the web platform itself.

To process complaints related to the incidents indicated in section 11, we ask the customer to take photos of the dish in poor condition or whose packaging is broken or defective and send them to the Customer Service Department together with the written complaint.

Likewise, official complaint forms are available to the customer, who may also contact the public consumer services (Municipal Consumer Information Offices or the Catalan Consumer Agency).

13. Applicable law

These conditions are governed by current Spanish law. These conditions are available in Catalan, Spanish and English; the contract will be concluded in the language chosen by the user (Catalan or Spanish for the purposes of the Catalan Consumer Code).

For the resolution of any dispute, the parties shall submit to the Courts and Tribunals with jurisdiction under the law. Where the user is a consumer, the competent court shall be that of the consumer's domicile, a mandatory jurisdiction that cannot be waived.