The purpose of these General Conditions of Sale is, on the one hand, to inform potential buyers of the conditions and modalities in which ASIA FOOD FACTORY SL (hereinafter, “MULAN TAKE AWAY”) proceeds to the sale and delivery of the products offered (hereinafter, the “Products”) and, on the other hand, define the rights and obligations of the parties in the context of the sale of Products by MULAN TAKE AWAY to the buyer (hereinafter, the “Buyer”), who declares in any case to be over eighteen years of age and have the necessary legal capacity to contract.
1. OBJECT
These General Conditions of Sale will apply, without restriction or reservation, to all sales of Products that MULAN TAKE AWAY offers on its website accessible through the address https://barcelona.mulantakeaway.com or on its mobile application. available, hereinafter jointly “Website”
The fact of placing an order for Products offered for sale on the Website (hereinafter, the “Order”) implies for the Buyer the full and total acceptance of these General Conditions of Sale, whose knowledge prior to placing the Order Buyer acknowledges.
MULAN TAKE AWAY reserves the right to modify these General Conditions of Sale at any time. However, the General Conditions of Sale applicable to the Order will be those that the Buyer has accepted at the time of placing the Order.
These General Conditions of Sale will be completed with the Conditions of Use of the Website, the Particular Conditions that may be applicable at any time and the Privacy and Cookies Policy.
2 ORDER PROCEDURE
2.1 CHARACTERISTICS OF THE PRODUCTS
The Buyer may select one or more products from among the different categories offered by MULAN TAKE AWAY on the Website.
In accordance with the applicable regulations, the Buyer will have the possibility, prior to the Order, to know on the Website the fundamental characteristics of the Product or Products that they wish to acquire and their nutritional composition.
Although all necessary precautions are taken, some Products may contain allergenic products. MULAN TAKE AWAY urges buyers who suffer from any type of allergy, eating disorder or similar to consult the list of allergens provided on the Website, in accordance with the provisions of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of October 25, 2011 on food information provided to the consumer.
2.2 AVAILABILITY
Products are subject to availability. In most cases, your local MULAN TAKE AWAY store vendor will offer you an alternative for any Product that is out of stock.
In any case, in the event of total or partial lack of availability of the Products after the Order is placed, the Buyer will be informed by phone or email, as soon as possible, of the lack of availability of the Product. out of stock and the possibility of replacing it with an equivalent one, at the Buyer’s choice, or, where appropriate, of totally or partially canceling your Order.
2.3 PLACEMENT OF AN ORDER
The placing of an Order is equivalent to the acceptance of these General Conditions of Sale, accepting that this implies for the Buyer an obligation to pay, of the prices, quantities, characteristics, and delivery times of the Products requested by the Buyer.
During the Order process, the Buyer must provide certain personal data on a mandatory basis, whose treatment will be subject to the Privacy Policy, which must be accepted before the Order is formalized. The refusal to provide the required personal data will prevent the execution of the Order.
The Order will be confirmed by MULAN TAKE AWAY by sending an email to the Buyer. MULAN TAKE AWAY assumes no responsibility in the event of an error in entering the email address or non-receipt of the Order confirmation email. In these cases, the sale will be final, except in the event of cancellation of the Order by MULAN TAKE AWAY, especially in the event of unavailability of certain Products.
MULAN TAKE AWAY will be authorized to collect the entire price corresponding to said Order from the sending of the email informing the Buyer of the confirmation of his Order, indicating the approximate delivery time of the same.
2.4 SALE OF ALCOHOLIC BEVERAGES
Pursuant to applicable law, the sale of alcoholic beverages to persons under the age of 18 is prohibited. MULAN TAKE AWAY reserves the right to suspend or cancel the delivery of an Order, regardless of its nature and degree of execution, in the event that it suspects that the Buyer is a minor, reserving for such assumption the possibility of demanding the exhibition DNI or equivalent identity document of the person receiving the Order.
Likewise, MULAN TAKE AWAY reserves the right to suspend or cancel the delivery of alcoholic beverages that make up an Order in accordance with the regulations on time limits for the sale of alcoholic beverages that are applicable to the reference establishment. In general, the delivery of alcoholic beverages may be denied if the Order has been formalized during the hours between 10:00 p.m. and 8:00 a.m. the following day.
MULAN TAKE AWAY recommends responsible consumption.
3 PRICE AND MEANS OF PAYMENT
3.1 SALE PRICE
The sale price, indicated in euros, of the Products offered on the Website will be the price in force at the time the Order is placed by the Buyer. The sale price of the Products may be modified at any time by MULAN TAKE AWAY. Said modification will be communicated to the Buyer prior to placing the Order. This price will be applicable within the framework of distance selling and in any of its delivery methods.
The prices will include indirect taxes applicable on the date of the Order. Any change in the applicable tax rate will automatically affect the price of the Products that MULAN TAKE AWAY sells on the Website.
3.2 MEANS AND METHODS OF PAYMENT
We accept the following means of payment:
- Cash: Unless the client indicates otherwise, the delivery person will only have €10 in cash for the change
- Bank card: Visa and Mastercard
- Payments by check Restaurant. You can also pay with restaurant checks from: Ticket Restaurant, Check Gourmet and Sodexo.
Detailed payment methods may vary by establishment.
The Buyer guarantees MULAN TAKE AWAY to have the necessary authorizations to make use of the means of payment that they have chosen for their Order at the time of registering it.
The Buyer may pay for the Order during the purchase of the same through the platform enabled for this purpose on our Website or by selecting payment when receiving the order at home. MULAN TAKE AWAY will offer the most convenient payment method according to the establishment, thus reserving the right to collect the Order before sending it to the Buyer’s address.
3.3 OTHER PAYMENT CONDITIONS
The Buyer can request an invoice for the purchase receipt by contacting the Customer Service Department of the MULAN TAKE AWAY establishment to which the Order was placed.
All Orders must be paid for in euros, including all mandatory taxes and duties. The bank costs will be borne, where appropriate, by the Buyer (including the assumption of reimbursement).
MULAN TAKE AWAY reserves the right to suspend or cancel the delivery of an Order, regardless of its nature and degree of execution, in the event of non-payment or partial payment of the amounts owed by the Buyer, in the event of payment incidents. or in case of fraud, completed or attempted, related to the use of the MULAN TAKE AWAY Website, including fraud committed on the occasion of previous Orders, or in any other cases in which MULAN TAKE AWAY considers it necessary to reject the Request for Reasonable Reasons.
If MULAN TAKE AWAY must make a refund as a result of the non-acceptance of an Order or its cancellation, it will try to credit the account within 10 business days.
3.4 SECURITY IN PAYMENT OPERATIONS
In order to guarantee the security of payments made with a bank card, the Buyer must notify MULAN TAKE AWAY of the visual cryptogram (CVV) that appears on the back of the bank card used by the Buyer.
Within the framework of the fight against Internet fraud, the data related to the Buyer’s Order may be communicated to third parties authorized by law or designated by MULAN TAKE AWAY, for the sole purpose of verifying the identity of the Buyer, as well as the validity of the Order, the means of payment used and the expected delivery.
MULAN TAKE AWAY reserves the right to demand a photocopy of the Buyer’s identity document and/or any other data related to the Buyer’s identity. The Buyer has the right of access, rectification, cancellation and opposition of the personal data that concerns him and is subject to treatment by MULAN TAKE AWAY, under the conditions provided in our Privacy Policy.
MULAN TAKE AWAY undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. . The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.
4 PROMOTIONAL OFFERS
The offers presented by MULAN TAKE AWAY will be valid as long as they remain advertised on the Website and while stocks last, and may be subject to their own particular conditions.
DELIVERY AND PICK UP
5.1 DELIVERY METHODS
Orders may be delivered in the following ways:
- Delivery at the address indicated by the Buyer*
- Collection at the establishment by the Buyer*
*We only make home deliveries to the following Barcelona Postal Codes: 08007, 08008, 08009, 08010, 08011, 08012, 08013, 08025, 08036 and 08037 . For the rest of the towns, only pick up in store is available. Online orders will be attended from Monday to Sunday from 11:30 a.m. to 4:00 p.m. and from 7:00 p.m. to 10:30 p.m.
5.2 DELIVERY TIMES
Delivery times are approximate and start counting from the sending of the Order confirmation email and within kitchen hours from Monday to Sunday from 11:30 a.m. to 4:00 p.m. and from 7:00 p.m. to 10:30 p.m.
Our goal is to provide the best delivery service, which includes having a great reputation in our delivery times, this means delivering the Order at the indicated time with an approximate and non-binding nature, although factors beyond the control of MULAN TAKE AWAY such as the weather, staff illness and/or traffic could, occasionally, cause disturbances in the delivery period.
5.2.1 HOME DELIVERY
MULAN TAKE AWAY offers a home delivery service in various urban areas of Barcelona. Each establishment has a limited delivery area. If you are not in one of our delivery areas, you will have the possibility to pick up your Order at any of our stores.
The opening hours of our establishments may be reduced depending on the commercial restrictions of the corresponding locality. The delivery could be subject to a minimum order amount depending on the establishment or a variable shipping cost depending on the area from where the order is placed. Please consult these conditions with the establishment before placing the Order.
5.2.2 COLLECTION AT THE ESTABLISHMENT BY THE BUYER
Orders to pick up at the establishment are available within approximately 20 minutes, although factors unrelated to MULAN TAKE AWAY such as staff illness, lack of electricity supply or the unavailability of computer systems, could occasionally cause disturbances in the delivery times.
5.3 ANOMALIES, DAMAGE AND LACK OF CONFORMITY
The Buyer must communicate the lack of conformity with the Order delivered to the Customer Service Department of the MULAN TAKE AWAY establishment to which the Order was placed.
The MULAN TAKE AWAY Customer Service Department may request any data related to the identity of the Buyer or recipient of the Order and proceed to as many verifications as may be necessary for the case.
6 WITHDRAWAL
PJE informs the Buyer that in accordance with articles 102 and 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, There is no right of withdrawal in contracts for the supply of goods made according to the consumer’s specifications or clearly personalized or that, due to their nature, cannot be returned or may deteriorate or expire quickly.
7 APPLICABLE LAW AND COMPETENT JURISDICTION
Any litigation derived from these General Conditions of Sale is subject in a non-exclusive manner to the legislation of the place where the Order is placed. Disputes related to the existence, interpretation, execution or breach of the contract concluded between MULAN TAKE AWAY and the Buyer, even in the event of a plurality of defendants, will be, in the absence of an amicable solution and without prejudice to the provisions of the regulations regarding jurisdiction applicable, non-exclusive jurisdiction of the competent Spanish courts by application of the rules established in the applicable legislation.
8 CUSTOMER SERVICE, COMPLAINTS AND CLAIMS
For any additional information, query related to the status of an Order or a modification or cancellation, you can contact the Customer Service of the MULAN TAKE AWAY establishment to which you made the Order. Likewise, you can make any complaint or claim in relation to the service provided by sending an email to mulan.barcelona@gmail.com.