TERMS AND CONDITIONS OF USE OF THE ORDER SERVICE
These terms and conditions apply to all online or contact center (phone call or message) orders placed at:
Address: Av. Los Tules #250, Fluvial Vallarta in Puerto Vallarta, Jalisco, Mexico
Phone: +52 322 526 2010
Currency: Mexican pesos (MXN).
Hereinafter referred to as “RESTASURANT“. These Terms and Conditions apply to our CUSTOMERS who place orders at home or to pick up at a branch. Hereinafter “CLIENT“.
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY. IF YOU DO NOT WISH TO COMPLY WITH THESE TERMS AND CONDITIONS, WE RECOMMEND THAT YOU DO NOT USE OUR DELIVERY OR BRANCH PICK UP SERVICE HEREIN IDENTIFIED AS “ORDER SERVICE“. BY ACCESSING AND/OR USING THE ORDERING SERVICE, YOU SIGNIFY THAT THE CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS.
Subject to current legal regulations, the RESTAURANT may, according to its own determination, at any time and in any other way may modify or change these Terms and Conditions of Use. We recommend that you read these Terms and Conditions carefully each time you place an order online or through our contact center.
These Terms and Conditions describe the general terms and conditions for placing orders between the RESTAURANT and the CUSTOMER, as well as the various rights and obligations of the parties.
The application, website and various technologies for online ordering is owned and operated by the holder of the license agreement with respect to the use of the application for online ordering. Without prejudice to the general nature of the Terms and Conditions described below and for the avoidance of doubt, the CUSTOMER must also comply with the license agreement to use the application to place orders online.
The RESTAURANT will make every effort to ensure that the information on online orders is correct and secure. However, it cannot be foolproof, and errors can sometimes occur. The CUSTOMER must take the appropriate measures to verify all information related to online orders before using them. To the fullest extent permitted by applicable law, the RESTAURANT disclaims all representations or warranties of any kind, whether express or implied, with respect to any aspect related to online orders, including, but not limited to, the availability of the application , website or contact center for ORDER SERVICE.
The RESTAURANT may review, at any time, the information related to the ORDER SERVICE and reserves the right to make such changes without the obligation to notify former, current or future CLIENTS. In no way will the RESTAURANT be responsible for any indirect, special, incidental or consequential damages resulting from the use of any information contained in this document and/or related to the process of using the ORDER SERVICE.
By using the ORDERING SERVICE, the CUSTOMER acknowledges and agrees that the use of the application, website and/or the ORDERING SERVICE is at their own risk and to the fullest extent permitted by applicable law, and in no case THE RESTAURANT will be responsible for any direct, indirect, incidental, special, subsequent or punitive damage, loss, cost or expense, or for loss of profits, as a result of the use or inability to use this ORDERING SERVICE and/or any application and/or material on any site linked to this ORDERING SERVICE (including, but not limited to, viruses or other errors, defects, or malfunctioning of computer transmissions or network communications), even if the RESTAURANT has been informed of the possibility of such problems. In addition, the RESTAURANT does not accept any responsibility for changes in the content of the website or ORDER SERVICE application by unauthorized third parties. All express or implied representations or warranties are excluded to the fullest extent permitted by applicable law.
The ORDER SERVICE in your application or website may include content, information or links to third parties or third party websites. The RESTAURANT is not responsible for the content of said web pages or for the content of any promotion or sponsorship of third parties or for compliance with these regulations. The links can be accessed at the user’s own risk, and the RESTAURANT is not responsible for or guarantees the content, integrity or accuracy of these links or web pages that refer to this online ordering application. The CLIENT agrees to hold harmless and exempt the RESTAURANT from any liability resulting from the use by THE CLIENT of information from third parties or the use of any third party website.
Except as expressly stated, all information related to the ORDERING SERVICE (including, but not limited to, images, buttons, and text) is owned by and/or made available with the permission of the license agreement holder with respect to use of the ORDER SERVICE and owns the rights to use them and they may not be copied, distributed or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of this .
The content related to specific products (for example, food), the layout and appearance of the texts in the ORDERING SERVICE and/or the online ordering process, trademarks and any other content are the property and are protected in accordance with the applicable legal regulations and may not be used in any way without the express written consent of the RESTAURANT.
The CLIENT does not obtain any license or right in relation to the information related to placing orders online and/or the app.
If you choose to order online through the ORDERING SERVICE, you will need to provide full contact details and/or create an account, and you may need to accept cookies. You must keep your data secret and must not disclose it to anyone. The RESTAURANT reserves the right to suspend the use of the ORDERING SERVICE and/or the online ordering process if it violates the Terms and Conditions.
The CLIENT acknowledges and accepts that all orders are treated as an express intention to purchase the products and/or services mentioned for the agreed online prices and THE RESTAURANT considers that this is a firm offer on their part to purchase said products and services. Any modification must be made in writing, otherwise it will not be binding on either party.
The acceptance of any order for any of the products and/or services will be entirely at the discretion of the RESTAURANT. The acceptance of an order by THE RESTAURANT may occur when you receive a message on the screen and/or an email notification and/or a confirmation message of your order.
The RESTAURANT reserves the right to refuse any service, suspend your access to the ORDERING SERVICE and/or the online ordering process, to remove or edit any content, or to accept your orders according to your sole discretion and without prior notice.
The RESTAURANT’S ORDER SERVICE must be used only by persons over 18 (eighteen) years of age or the minimum legal age permitted by law or in any other way under the supervision of an adult or tutor.
All products and/or services provided through the ORDERING SERVICE are made “as is” and “if available”, and the RESTAURANT expressly excludes any warranty, condition, statement or other terms related to the ORDERING SERVICE or the content or products displayed on it, whether express or implied, unless expressly stated otherwise.
Product images are for presentation only. The products ordered may be different (for example, color, shape, etc.) from the photos available on the website. The RESTAURANT is not responsible in any way if the description of the products is not complete.
Delivery orders are also subject to the following conditions:
You can pay using any of the methods listed on our checkout screen. The CUSTOMER must ensure that, if he places his order with a credit or debit card, the card is valid on the date the order is placed. The RESTAURANT cannot refund money from orders paid online. Contact us directly to resolve any dispute related to any payment or refund request.
You can be automatically directed to an online listing that refers to the physical location of the RESTAURANT closest to THE CLIENT. Please note that prices, minimum amount restrictions, and maximum cash restrictions vary from location to location. Also, if you order online, the price charged may be different from the price of the Products if they had been ordered in store or over the phone.
Once the online order has been placed, it can no longer be modified or canceled through the website or offline by means of a telephone call to the RESTAURANT. In any case, if you wish to cancel or file a complaint about your order, call the RESTAURANT, whose details are included in the confirmation email sent to the CLIENT when placing the order and THE RESTAURANT will try to help you.
We will do everything possible to provide you with the products you have ordered as close as possible to the delivery/collection time requested by THE CLIENT, but we cannot guarantee, in all cases, the exact delivery time. Delivery time may be affected by adverse weather or traffic conditions. This way we can protect the safety of our couriers. Delivery service may be temporarily suspended in select areas due to bad weather or unforeseen circumstances.
The CLIENT agrees to accept the delivery of the Products at the agreed time and place of delivery. If you have chosen to have the Products delivered, the RESTAURANT will deliver the order to the main entrance of the delivery address, but any delivery made within the delivery address will be made only if the driver and THE CUSTOMER agree to this. If you are not present to pick up the delivery of the products to the address indicated in your order, THE RESTAURANT will not refund the price paid for your order and we will charge you the total value of your order.
The risk related to the Products will be transferred to the CUSTOMER at the time of delivery. Any software service/software program is used and/or downloaded at your own risk. If you have any doubts and do not know if the software service/software program to be used and/or downloaded is suitable for your computer, we recommend that you seek specialized advice before using and/or downloading it.
The CUSTOMER is responsible for maintaining the confidentiality of their personal data, password and payment details. The CUSTOMER agrees to assume full responsibility for all its activities in relation to online orders (application).
You may not assign, sublicense, or otherwise transfer your rights under these Terms and Conditions. If a provision of this Agreement is and/or becomes invalid, illegal, ineffective or unenforceable, this will not affect the validity or enforceability of the other contractual provisions, which will continue to be valid and produce legal effects as if the invalid provision, legality , effects or enforceability would not have been part of this agreement.
These Terms and Conditions do not affect your statutory rights.
The trademarks of the RESTAURANT, as well as the trademarks of other persons, but also their related properties, are protected against copying and simulation in accordance with national and international laws and may not be reproduced or copied without the express written consent of the RESTAURANT.
To the fullest extent permitted by law, the RESTAURANT excludes any liability arising from the supply of products and, in particular, will not be liable for any loss or damage resulting, directly or indirectly, from or in connection with the delay after the estimated time of delivery or collection; any situation beyond the control of the RESTAURANT in terms of consequences and that the RESTAURANT could not avoid by exercising reasonable care or any indirect or unforeseen loss suffered or borne by the CLIENT or other parties. In any case, the responsibility of the RESTAURANT with the CLIENT will not exceed the total price charged for the relevant products and/or services.
PROMOTIONS AND DISCOUNTS
To reserve the date, you must pay 50% in advance, which will be discounted at the time your account is settled. Your payment: It must be in card or cash and based on the number of dishes contracted. In case more people arrive, we have extra and/or equivalent dishes to cover them.
Note: dishes or drinks outside of what is offered will open a new account and will be charged at the end of the event. Room rental has a Fee of $1000.00 The prices have a 15% tip included for the Service. In the same way, when reserving the room, the total number of dishes contracted will be charged and there will be no refund of the difference, for which we request the exact reservation number with precision so as not to have any inconvenience.