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Terms and conditions of use

1. INTRODUCTION

This document, as well as those mentioned in it, establishes the conditions governing the use of the following website (hereinafter, the "Conditions"): https://welthy.es/ 

Please read these Terms and Conditions, the Legal Notice and our Privacy Policy (collectively, the "Data Protection Policies") carefully before using this website. 

By using this website you expressly agree to be bound by these Terms and Conditions and our Privacy Policy, and if you do not agree to these Terms and Conditions you should not use this website. If you have any questions regarding the Terms and Conditions or the Data Protection Policy you may contact us via email. 

2. GENERAL CONDITIONS BETWEEN WELTHY AND THE USER:

The user undertakes to use the contents of our website in accordance with the Law and the general and specific terms and conditions of the services offered by WELTHY at all times, and must refrain from using them for:

  • Engage in activities that are unlawful, contrary to good faith, morality, decency or public order.
  • Carrying out activities that constitute an infringement of intellectual and industrial property regulations or any other applicable legal regulation.
  • Reproduce, duplicate, sell or exploit for commercial purposes any content of the Website.
  • Disseminate content of a racist, xenophobic, pornographic or terrorist nature and/or that violates human rights.

3. It is indicated that the PERSON RESPONSIBLE FOR THE PROCESSING is the trading company WELTHY MEALS, S.L. with tax identification number B67450809, with address Passeig de Sant Gervasi, 28, 08022 Barcelona and e-mail address admin@welthy.es for the purposes of exercising the rights of access, rectification, cancellation and opposition provided for in the Law. 

4. The user declares that all information provided is true, complete, accurate and up-to-date and in accordance with Regulation (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

5. WELTHY reserves the right to withdraw or amend access to our website, and we shall not be liable if our services are occasionally unavailable or access is only provided for certain parts of our website.

6. WELTHY is the owner of the intellectual and industrial property rights and has obtained the corresponding authorisations or licences for the use of the domain name, trademarks and distinctive signs and any content published on this website.

We hereby inform you that no intellectual or industrial property rights are transferred over this website or any of its constituent elements, and the client is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them by any means or procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.

The User must at all times respect all intellectual and industrial property rights over the contents of this Website. Unauthorised use of the contents of this website may involve the violation of intellectual or industrial property legislation and other applicable laws.

The contents of this website, including designs, text, images and source code (collectively referred to as the "Content"), are protected by intellectual and industrial property rights. In no way may the content be used, reproduced, copied or transmitted in any form whatsoever without the prior, written and explicit permission of the owner. 

7. Any dispute arising from the interpretation or execution in relation to the validity, interpretation, performance or termination of this contract shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. However, as a consumer, you are entitled to all the rights recognised by the legislation in force in this respect.

8. The sending and forwarding of data carried out by the user through the website or the information it sends is protected by the most modern electronic security techniques. Likewise, the data supplied and stored in our databases are also protected by security systems that prevent unauthorised third parties from accessing them. We make every effort to have the most up-to-date systems in place to ensure the effectiveness of these security systems.

9. The links to other websites that appear on WELTHY are offered merely for the purposes of informing the user, and therefore WELTHY is not responsible for the products, services or contents offered or supplied on the destination pages located in another domain.

In particular, our website contains links to the services of the following social networks:

Facebook (Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA), Instagam (Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA). 

The button of the particular social network has been integrated into our website as a link.

For more information on Facebook' s privacy policy click here:

https://es-es.facebook.com/privacy/explanation

For more information on Instagram' s privacy policy click here:

https://es-la.facebook.com/help/instagram/155833707900388

10. Our recommendations and/or value judgements about the services and/or contents, as well as the announcement of promotions, are to be considered by the user as good faith forecasts, without being considered as statements of fact, nor as part of any contract with the user.

10. WELTHY shall not be liable for failures in the operation of the portal, nor for interruptions, delays, slowness, losses or disconnections in communications and in the transmission of messages. WELTHY does not guarantee and is not responsible for the continuous, constant and uninterrupted functioning and operation of the portal.

11. You must not misuse this Website by introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or deleterious programs or material. 

ampoco will not attempt to gain unauthorised access to this Site, the server on which this Site is hosted or any server, computer or database related to this Site. You also agree not to attack this Site through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with the above will result in these actions being reported to the competent authorities so that they can impose the sanctions of any kind provided for in current legislation, and we will cooperate with them to find out the identity of the attacker.

We will not be liable for any loss or damage caused by a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from this website to which this website redirects.

12. DESCRIPTION OF PRODUCTS AND SERVICES

WELTHY is an online service of chef-prepared dishes for the whole week and delivered to your home. New menus are offered every week. We work with weekly productions and always cook to order, with 100% fresh products and no preservatives.

WELTHY reserves the right to decide, from time to time, the products and services offered to Clients. In this way, WELTHY may, at any time, add new products and services to those currently offered. Likewise, WELTHY reserves the right to withdraw or stop offering, at any time and without prior notice, any of the products and services offered.

All this without prejudice to the fact that the acquisition of the products and services can only be made through the subscription or registration of the USER. The User will create his/her own User name and Password, through the means provided by WELTHY on the platform, which will identify him/her and personally enable him/her to access the products and services. Once inside welthy.es, and in order to access the contracting of the different products and services, the User must follow all the instructions indicated in the purchase process, which will imply the reading and acceptance of all the general and particular conditions set in welthy.es. 

13. AVAILABILITY OF PRODUCTS

WELTHY guarantees the availability of all the menus that are advertised on its website every week. We do not work with stock but on order, so that each product purchased by the customer is available. WELTHY is not responsible for any damages that may occur to the USER as a result of failures or disconnections in the telecommunications networks that cause suspension, cancellation or interruption of the service of welthy.es during the provision of the same.

14. PURCHASING PROCESS

In order to make any purchase on welthy.es, it is necessary that the customer is of legal age. In addition, it will be necessary for the customer to register on welthy.es through a data collection form in which WELTHY is provided with the necessary information for the contract; data that in any case will be truthful, accurate and complete about their identity and that the customer must expressly consent to by accepting WELTHY's privacy policy.

The steps to follow to make the purchase are:

  1. Select the menu, choose the programme and select the dates on the website and click on "Add to basket" to add to cart.
  2. Confirm order. The selected products appear on the right side of the screen, the units of each menu with the total price according to the selected days.
  3. Once the order has been confirmed, the User will enter the check-out process. You must log in to your account, if you have not already done so, or create a new account, if you do not already have an account. 
  4. After the previous steps, the customer will complete and confirm the Shipping Details, read and accept the terms and conditions and privacy policies. In this section they will add their delivery address details, if they have not already associated them with their account, and decide whether they want to process the order as an individual or as a company.
  5. In the next point, Invoicing Details, you decide whether the invoice should contain the above data or whether you want the invoice to be issued to another name or company. 
  6. In the Delivery Details section, you will find information on the different delivery days. Likewise, the customer will choose the time slot in which he/she wants to receive the order, or if he/she wants to pick it up in our shop. The shipping costs will also be indicated.
  7. In the Delivery Details section you will also find the Comments box for your order. In this section the customer will be able to inform Welthy of anything related to their order that needs to be taken into account, both in terms of food and logistics.  
  8. In the Payment Details section, you will decide on the payment method and fill in the requested data. Then click on "Confirm purchase".
  9. Within a maximum of 24 hours after payment, the customer receives an email confirming the order and the breakdown of the order. It is also recommended that the customer prints and/or keeps a copy of the terms and conditions of sale on a durable medium when placing their order, as well as the proof of receipt sent by WELTHY by email.
  10. Throughout the whole process the user will be able to see the breakdown of base price, VAT and shipping costs.
  11. Orders are only sent to Barcelona city, and depending on the postcode the system will determine whether it can be sent or not. And also if the shipping costs are included or not. For other areas please contact us.

In order to complete the purchase process, the Customer must tick the boxes for:

  • I have read and accept the processing of data for the purposes described in the Privacy Policy.
  • I have read and accept the Terms and Conditions of Use of this website. 

which link to the present text. By ticking these boxes, the Client expressly declares to have read and understood all the stipulations of the contract and accepts them. The contract will be formalised upon receipt of the order by WELTHY.

15. DURATION, RENEWAL AND CANCELLATION OF THE CONTRACT

The duration of the contracting of services ends with the delivery of the last order.

16. DELIVERY

PRODUCTS

The order will be delivered to the address designated by the customer at the time of contracting, depending on the method chosen. The scope of delivery includes the following areas: Barcelona (only Barcelona city).

DELIVERY METHODS AND DEADLINES

You can receive your order in Barcelona: 

  • Monday between 18:00h. and 22:30h.
  • Wednesday between 18:00h. and 22:30h.
  • Fridays between 18:00h. and 22:30h.
  • Sunday between 18:00h. and 22:30h.
  • Pick up your order at our premises Paseo San Gervasio 28, local - 08022 Barcelona between 18:00 and 22:00 on Tuesdays, Fridays and Sundays.

All our products are delivered in heat-sealed trays and preserving the cold chain.

You will also receive an order form on which you can see the list of dishes received, the instructions for consumption, the allergens in each dish, and how to recycle all the packaging correctly. In addition, you can consult the nutritional characteristics of each dish and all its ingredients using the QR code on the label of each tray.

17. PRICES, CHARGES AND TAXES

The prices of the products and services listed on welthy.co.uk are expressed in Euros unless otherwise stated.

  • VAT is included in the price of the products.
  • The VAT rate is 10%.
  • Shipping costs: They will be shown with the final price before confirming the purchase. They are also shown beforehand in the "Shipping/pickup" step of the payment procedure. 
  • There are no other additional costs.

The prices of the products may vary at any time. In this case, the price to be applied will be that in force on the date the order is placed. In any case, the final cost will be communicated to the customer in the electronic purchase process before the customer formalises acceptance.

CP 08022BCN OUTSIDE BCN
TOTALTOTAL
2 DAYSFREE3,90 €5,90 €
5 DAYSFREE7,90 €10,90€
7 DAYSFREE9,90 €13,90 €
10 DAYSFREE15,90 €20,90 €
21 DAYSFREE29,90 €35,90 €

Prices include VAT 21%.
(Shipping costs will be calculated taking into consideration the following table: BCN includes the following postcodes: 08006, 08007, 08008, 08009, 08010, 08011, 08012, 08015, 08017, 08021, 08023, 08024, 08029, 08034, 08036, 08037, 08001, 08002, 08003, 08004, 08005, 08013, 08014, 08016, 08018, 08019, 08020, 08025, 08026, 08027, 08028, 08030, 08031, 08032, 08033, 08035, 08038, 08039, 08040, 08041 y 08042.
Outside Barcelona, it includes the areas of: L'HOSPITALET, CORNELLÀ, ESPLUGUES, SANT JUST, SANT JOAN DESPÍ, SANT FELIU DEL LLOBREGAT, SANT BOI DEL LLLOBREGAT, BADALONA, SANTA COLOMA DE GRANOLLERS, SANT ADRIÀ DEL BESOS, SANT CUGAT, GAVÀ I CASTELLDEFELS).

18. PAYMENT METHODS

The payment method to make the purchase is:

  • By credit or debit card

You can pay immediately through our Bank's SSL secure payment gateway. If it is necessary to make any refund or cancellation of the order, the amount will be refunded through the same payment card. Both personal and bank data will be protected with all the security measures established by the company in accordance with the requirements of the European Data Protection Regulation and with total confidentiality.

  • Paypal

You can execute the payment process via the online payment service PayPal. PayPal allows you to make online payments to third parties. PayPal's European operating company is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg. PayPal is an online payment provider independent of Welthy. Payments are made via so-called PayPal accounts. These accounts are virtual company or private accounts. If you do not have a PayPal account, it is also possible to make virtual payments via credit card.

When you make a payment via PayPal, your data required for the payment process, including your name, address, company, e-mail address, telephone number, etc., will be automatically transmitted to PayPal.

This data transmitted to PayPal is in turn transmitted, under certain circumstances, to credit agencies. The purpose of this transmission is the verification of identity and creditworthiness. In addition, PayPal may also transfer your data to third parties, if this is necessary for the fulfilment of contractual obligations or if these data are to be processed on behalf of third parties.

The legal basis for the processing of the data is Article 6(1)(b) of the GDPR, because the processing of the data is necessary for making the payment by PayPal and thus for the execution of the contract, as well as Article 6(1)(a) of the GDPR, because by selecting this payment method you consent to the necessary transmission of personal data for the processing of the payment to PayPal.

You have the possibility to object at any time against PayPal to the consent given for the use of personal data. Please note, however, that this objection does not apply to personal data that must be processed for the purpose of payment processing.

You can consult PayPal's privacy policy by clicking on the following link:

19. PROMOTION AND DISCOUNT POLICY

The Customer has the possibility to obtain discounts and promotions when placing orders with WELTHY. The conditions of use of discount coupons and promotions are as follows:

  • Only one discount coupon or code will be applied per order and can only be used once per person, unless otherwise stipulated. Discounts or codes cannot be used in conjunction with any other Welthy offer.
  • Discounts or codes have no monetary value, are not redeemable for cash or any other option.
  • In the event that Welthy detects any attempt to manipulate the system or impersonate user identities to carry out a fraudulent use of discounts or codes, Welthy will immediately invalidate the order, the use of that discount or code and may cancel the user's account. Welthy reserves the right to take any necessary action, to the extent possible, to protect against fraudulent or incorrect redemptions. Also, if the case arises, Welthy may request from the Customer the refund of the promotional amount unduly obtained.

20. PRODUCT WARRANTY

WELTHY guarantees that the dishes are cooked to order, with 100% fresh ingredients and no additives. The packaging is carried out in a controlled atmosphere to guarantee optimum preservation of the dishes. The cooked dishes are kept refrigerated during the entire transport and delivery process. Once the dishes have been delivered, the customer must follow the preservation instructions to keep the product in good condition. If the customer wishes, they can be frozen. On our website we indicate the recommendations in this regard. The information on faults in the preservation or poor condition of the dish is indicated in point 23.

21. RETURN AND WITHDRAWAL POLICY

According to the regulations, the consumer and user is informed of the existence of the right to WITHDRAW from a contract for a maximum period of 14 calendar days without the need to indicate the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RD1/2007, of 16 November, which approves the text referred to the General Law for the Defence of Consumers and Users. However, in relation to the products marketed in welthy.es, the exception established in Art.103, section d) of the RD 1/2007, of 16 November, which approves the text referred to the General Law for the Defence of Consumers and Users, will be applicable to this right of withdrawal.

  • The supply of goods that are likely to deteriorate or expire quickly.

The products delivered are cooked food and have an expiry date, which means that the user is exempt from the right of withdrawal with respect to them. In other words, the user is informed of the existence of this right, but at the same time, by contracting the service, he/she accepts and agrees that once the dishes have been received, he/she will not be able to exercise the right of withdrawal, which means that he/she will not be able to return them.

22. CANCELLATION AND/OR MODIFICATION OF THE ORDER

The customer may cancel an order free of charge, provided that the cancellation is made before 8pm two days before the date set for delivery. For example, an order with a delivery date of Friday can be cancelled free of charge until 8pm on Wednesday. In this case, the cost of the order will be refunded.

No cancellations will be accepted after the deadline. 

In addition, changes to the order will be accepted provided that they are made within the specified period (two days in advance by 8 p.m.). 

23. PAPER AND/OR ELECTRONIC INVOICE

By accepting the corresponding check box included in the purchase process, the consumer expressly consents to the invoice being sent in digital format to the e-mail address provided. 

You may in any case revoke your consent to receive the electronic invoice at any time by sending an e-mail to the e-mail address admin@welthy.es. If the user wishes to receive the invoice in paper format, this can be requested at the same e-mail address (admin@welthy.es).

24. LIABILITY AND DISCLAIMER OF LIABILITY

The consumer and user has the right to have the product repaired, replaced, the price reduced or the contract rescinded, in accordance with the provisions of Chapter II, Title IV, Book II of the 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 shall be carried out within a reasonable period of time depending on the nature of the products and the purpose for which they were intended. If, once the product has been replaced and delivered, it is still not in conformity with the contract, the consumer may demand its replacement, a price reduction or termination of the contract. Specific comments in this respect:

  • If it is due to causes attributable to Welthy, such as breakage of the packaging during transport, loss or theft of any of the dishes during transport or failure of conservation of a dish, Welthy will replace as soon as possible the defective or missing dish in the order, provided that there is availability of the same or another dish of similar characteristics and the customer is located in Barcelona city. If none of these situations occur, the amount of the dish will be refunded.
  • Welthy is not responsible for the state of the dish once it has been delivered to the customer, when the customer has not followed the recommendations of conservation of the product in refrigeration and/or freezing and defrosting process indicated by Welthy on its website.

25. CUSTOMER SERVICE AND COMPLAINTS

To lodge any complaint or claim with Welthy, the customer should contact the Customer Service Department either by telephone on 93 000 53 56, or by e-mail at admin@welthy.es. In order to process complaints related to the incidents indicated in point 21, 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. According to the EU Consumer Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa. eu/consumers/odr/.

26. APPLICABLE LAW

The present conditions shall be governed by the Spanish legislation in force. The language used will be Spanish. In the event of having to resort to the Courts to settle any dispute between the parties, if the user is a consumer, the Courts and Tribunals of their domicile will be applicable.

27. ONLINE TRUST MEMBERSHIP

Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Calle La Palma 59, Bajo A, 28015 Madrid (Spain), telephone (+34) 91 309 13 47 and fax (+34) 91 402 83 39 (www.confianzaonline.es).

These General Terms and Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Act, we inform consumers that, as a member entity and under the terms of the Code of Ethics, users may turn to Confianza Online for the alternative resolution of any disputes (https://www.confianzaonline.es/consumidores/como-reclamar/formulario-reclamaciones/). If they relate to electronic transactions with consumers, or to data protection when they are related to this area, the complaints will be resolved by the Confianza Online Mediation Committee, which is accredited for the alternative resolution of consumer disputes. If the complaints concern digital advertising, or data protection related to this area, they shall be submitted to the AUTOCONTROL Advertising Jury.

In addition, we remind you that you can access the EU's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show".

27. For any suggestion, query, complaint or claim the user should contact WELTHY MEALS, S.L. at the postal address, Passeig de Sant Gervasi, 28, 08022 Barcelona, telephone number 93 000 53 56 or you can contact our DPO by electronic communication to the e-mail address: admin@welthy.es

28. WELTHY, in accordance with the provisions of Article 14.1 of EU Regulation 524/2013 of 21 May 2013 on the resolution of consumer disputes, informs its Users that they can access the out-of-court dispute resolution page accessible through the following link: http://ec.europa.eu/consumers/odr/

29. WELTHY informs the User of the existence of the corresponding legal guarantee of conformity for the products marketed through its web pages.

30. The Terms and Conditions of Use may be changed at any time, so you should review the Terms frequently and be aware of any changes we may make.