Can Yucas

terms and conditions

 IMPORTANT INFORMATION

This contractual document will govern the General Conditions for contracting services (hereinafter,
«Conditions») through the website www.canyucas.com, owned by CAN YUCAS SLU under the trademark
RESTAURANTE CAN YUCAS, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice
of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce them and keep
them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility
of the USER to read them periodically, since those in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and
Commercial Codes and in this or other special laws.
Accepting this document implies that the USER:
Has read and understood the above.
Is a person with sufficient capacity to enter into contract.
Assumes all the obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s
website.
The PROVIDER informs that the business is liable and understands the current laws and reserves the right to
unilaterally modify the conditions, without affecting the terms and conditions implemented prior to the
modification.
Identity of the contracting parties
On one part, the PROVIDER of the services contracted by the USER, CAN YUCAS SLU, whose registered
address is at Av. Isidoro Macabich, Nº26, 3A 8700 Ibiza Islas Baleares, TIN B57850026 and telephone number
for customer/USER service 971806461.
And on the other part, the USER, registered on the website by means of a user name and password, who is
fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the
PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the
USER, which arises when the USER accepts by ticking the corresponding box during the online contracting
process.
The contractual trade relationship involves the delivery of a specific service, in exchange for a certain price
which is publicly displayed on the website.

Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the
contractual relationship, he/she may notify restaurante@canyucas.com so that CAN YUCAS SLU can correct
them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account.

Contracting procedure
The USER, in order to access the services offered by the PROVIDER, must be an adult and register on the
website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal
data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27
April 2016 (GDPR) on the protection of individuals with regard to the processing of personal data and the free
movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal
data as detailed in the Legal Notice and Privacy Policy found on this website.
The USER selects a user name and password, committing to use them diligently and to not make them
available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an
unauthorised third party, so that the PROVIDER can proceed to immediately block them.
Once the user account has been created, we inform you that, in accordance with the requirements of Article 27
of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps
will be followed during the contracting procedure:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
6. Competency.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Guarantees and refunds.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES 

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the
USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER

2. ACTIVATION OF SERVICES

The PROVIDER will not activate any service until it has been verified that payment has been made.
As the order does not involve the physical delivery of any product, but rather a service downloaded or activated
directly from the website, the PROVIDER will inform the USER in advance on the steps to take to perform this
download or activation.

Failure to carry out the remote contract

In the case of the provision of a service, it will be available from the moment the USER has paid for it and will
be downloadable or activated according to the conditions of the PROVIDER.
In the event that the contract does not involve the physical delivery of a product, but a download activation on a
website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download
the product.
In the event of not being able to execute the contract because the contracted service is not available on time,
the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund
of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER with respect to the refund of the total amount, the USER
may claim payment of double the amount due, without prejudice to their right to be compensated for damages
suffered beyond that amount.
The PROVIDER will not accept any liability if the download or the activation of the service is not fulfilled
because of false, inaccurate or incomplete information provided by the USER.
The service will be considered as provided when the USER has downloaded or activated it

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://www.canyucas.com /form-application-withdrawal-form.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the
conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated
in article 102 of the Royal Legislative Decree 1/2007 , of November 16, which approves the consolidated text of
the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL
1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right
of withdrawal, the period for its exercise shall end twelve months after the date of expiration of the initial
withdrawal period, in accordance with the article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007,
and which are listed here
The PROVIDER must be informed of any return, with the request for a return number through the form provided
for this purpose, or by emailing restaurante@canyucas.com, indicating the corresponding invoice number or
order number. In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the
cost of ….€to the USER, previously informing the USER of this through the same communication channel used.
Once the USER has received the return number, they will send the product, indicating this number in the
delivery note, covering the shipping costs themselves, to the PROVIDER at CAN YUCAS SLU, Av. Isidoro
Macabich, Nº26, 3A 8700 Ibiza Islas Baleares.

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by
contacting the following contact addresses:
Postal address: CAN YUCAS SLU, Av. Isidoro Macabich, Nº26, 3A 8700 Ibiza Islas Baleares
Telephone: 971806461
Email: restaurante@canyucas.com
Online Dispute Resolution(ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online
access platform for the resolution of conflicts between the USER and the PROVIDER, without the need to
resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts
as an intermediary between them. This is a neutral body which will consult both parties in order to reach an
agreement, and may ultimately suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any fault due to any greater cause. Fulfilment of the obligation shall be
delayed until after the end of the case of force majeure.
COVID-19: If due to mobility restrictions or any other reason related to the consolidated rules in the COVID-19
code, the USER cannot receive the service, the registration fee will be refunded in full or he/she will have the
possibility to use his/her reservation until ……………… or a new date proposed by the PROVIDER.

6. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the
purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of
the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales made by the PROVIDER are subject to these Conditions.No modification, alteration or agreement contrary to the Commercial Proposal of CAN YUCAS SLU or
stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which
case, these particular agreements shall prevail.
Given the continuous technical advances and service improvements, the PROVIDER reserves the right to
modify its specifications with respect to the information provided in its advertisements, as long as it does not
affect the value of the services offered. These changes shall also apply in the event that, for any reason, the
possibility of supplying the services offered is affected. 

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each service include Value Added Tax (VAT) or any other applicable taxes. These
prices, unless expressly stated otherwise, do not include shipping, communication, handling, packaging,
insurance or any other additional services and attachments to the service purchased.
The prices applicable to each service are those published on the website and shall be shown in EURO. The
USER accepts that the economic valuation of some of the services may vary in real time.
Before making a purchase, all the details of the quote can be checked on-line: services, quantity, price,
availability, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as
the order has not been placed.
Once the order has been placed, prices will be maintained regardless of whether the service is available.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the
company name that they indicated while placing the order. This invoice will be sent in paper format together
with the purchased product, as well as in PDF to the e-mail address provided by the USER, as long as they
have given their express consent to do so, informing them that they may revoke said consent at any time by
communicating it to the PROVIDER by any of the means made available to them.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the
company name that they indicated while placing the order. This invoice will be delivered in paper format at the
time the service is provided. The invoice can be downloaded in PDF format by accessing the web management
panel with the user account. In the event that the user wishes to receive it by e-mail, they must request it by any
of the means that the PROVIDER makes available to them, informing them that they may revoke this decision
at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service by calling
971806461 or by emailing restaurante@canyucas.com.

9. SHIPPING COSTS

There are no shipping costs.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and accepts the following payment methods for
orders:
-Credit card 

-Pay Pal

The USER may use a discount coupon prior to the completion of the purchase if they have received it from the
PROVIDER.

Security measures

The website uses generally accepted information security techniques within the industry, such as SSL, data
entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of
preventing unauthorised access to data. To achieve these purposes, the USER agrees that the PROVIDER will
obtain data for the purpose of the corresponding access control authentication.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands
or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited by the card brands’ programmes: the sale or offer of a product or service
that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.

11. PURCHASE PROCESS

Basket (budget simulation)
Any service from our catalogue can be added to the basket. In the basket you can only view the selected
services, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will
be calculated according to the details entered.
Baskets have no administrative link, it is only a section where you can simulate an order without any
commitment from either party.
Follow the steps below to correctly place an order from the basket:
1. – Confirm billing details.
2. – Check the method of service provision (download, activation…).
3. – Select payment method.
4. – Place your order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER’s management
department and another to the e-mail of the USER confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the
order and the approximate date of download and/or activation.

12. SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term
in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms
and conditions.

RESTAURANTE CAN YUCAS may, without prior notice, suspend or terminate USER’s access to its services,
in whole or in part, for any valid reason, including, without limitation, when USER fails to comply with or follow
any of the obligations set forth herein or any applicable provision of law, license, regulation, directive, code of
practice or usage policy.
Where RESTAURANTE CAN YUCAS exercises any of its rights or powers under this Clause, such exercise
shall not prejudice or affect the exercise of any other right, power or remedy which may be available to
RESTAURANTE CAN YUCAS.

13. GUARANTEES AND REFUNDS

The guarantees will respond to the provisions of the Title referred to “Guarantees and after-sales services” of
the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General
Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by
clicking here
If you want to personalize this section, you must check that the wording is in accordance with what is regulated
in the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative RD 1/2007.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not
expressly set forth herein. Any controversy that may arise from the provision of the products or services subject
to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment
of the obligation or the place where the property is located if it is immovable.

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