General Terms and Conditions

1. Parties and acceptance of the General Terms and Conditions (GTC)

And on the other hand, the User-Customer (hereinafter the User), who shall be responsible for the accuracy of the personal data provided to the provider.

BOTH PARTIES ACCEPT this document, which means that the user:

• – Has read and understands what is set out here.
• – Is of legal age and has sufficient capacity to enter into contracts.
• – Assumes all the obligations set out here.
• – Has read and accepts these general terms and conditions of purchase from the moment they purchase any product offered.

Users may print and store this document. We recommend that you keep a copy of the details contained in the gift cards purchased. The provider makes the email address hola@eltribut.com available for any questions about these terms and conditions.

These terms and conditions shall be valid indefinitely and shall apply to all purchases made through the provider's website https://eltribut.com. The provider reserves the right to amend these General Terms and Conditions unilaterally, without this affecting goods or promotions purchased before the amendment. In any event, these general terms and conditions must be consulted before purchasing a gift card.

EL TRIBUT shall not be liable for the consequences of improper use of the gift cards offered on the website. Civil liability for the gift cards supplied is limited to their value. The user waives any claim against EL TRIBUT on any grounds in the event of dissatisfaction with the gift cards purchased on the website https://eltribut.com, as well as for any failures, slow access or errors in accessing the website, including loss of data or any other information that may exist on the computer or network of the user accessing the website https://eltribut.com.

EL TRIBUT is a restaurant that offers the distance purchase of gift cards through its website. The restaurant is located at Moll del Gregal, Local 2, Sant Martí, 08005 Barcelona.

2. Purpose of the contract

2.1. Scope: the purpose of this contract is to govern the contractual relationship of sale and purchase arising between the provider and the user when the user accepts these terms of purchase during the online purchase process by ticking the corresponding box. These GTC shall apply from the day on which the purchase is made. The contractual relationship of sale and purchase involves the delivery of a gift card in exchange for a specific price publicly displayed on the website. The gift card will be sent to the email address given by the user.

2.2. Territory: the online shop at https://eltribut.com is available worldwide.

2.3. Capacity to contract: to place an order you must be of legal age and have the capacity to enter into contracts.

2.4. Customer acceptance: a purchase made through the website https://eltribut.com is validated by email and also implies automatic acceptance of the GTC. These terms and conditions are available on the website https://eltribut.com or, if you wish and request it, we can send them to you by email.

2.5. Amendment of the General Terms and Conditions: EL TRIBUT reserves the right to make changes and/or amendments to these GTC. We advise our customers to review them regularly. If such changes or amendments are introduced after a purchase has been made, the terms in force on the date of that purchase shall apply.

3. Information provided on the website https://eltribut.com

3.1. Prices: the prices of the gift cards are those shown on our website https://eltribut.com.

3.2. Product information: the information in our advertising, brochures, other written material, on our website or provided to you constitutes an invitation to make a purchase. The content of https://eltribut.com is constantly renewed and updated to offer our customers the most complete and detailed information possible. All contractual information on https://eltribut.com is shown in Spanish, and communication with customers and users, as well as the conclusion of the contract, will take place in that language; however, if the customer so wishes, it may take place in Catalan or another language, provided this is indicated before the purchase process begins.

3.3. Fraud: if EL TRIBUT suspects or detects any irregularity or fraud, it reserves the right to cancel the transaction for security reasons.

4. Purchase procedure

Purchases can only be made as a guest, so the user does not need to register on the website to buy gift cards. Only the data essential to process the purchase will be requested. The user must select the value of the gift card they wish to purchase. Next, they must enter the data essential to process the purchase. Before paying, they must accept these terms and conditions in order to continue with the purchase. The next step is payment for the gift card and confirmation of the purchase.

The purchase is made in the Covermanager purchase module, our booking and gift card sales provider, embedded in the 'Gift Card' page of this website.

Once the purchase is complete, the user will receive an email that constitutes the gift card, which must be presented at the restaurant when they wish to use it. If there is any error in the address given or in any other part of the purchase, the user must notify it immediately to the email address shown on the website so that it can be corrected.

EL TRIBUT will provide customer service FREE OF CHARGE through our contact email hola@eltribut.com. If the user chooses another means of communication, they shall bear its cost. EL TRIBUT makes telephone numbers in Spain available to you, subject to the charges of your telephone operator.

5. Prices and validity of offers

All prices shown in the shop https://eltribut.com include the VAT in force at the time of purchase. All prices shown on the website are valid and are expressed in euros (€).

VALUE ADDED TAX: in accordance with Spanish Law 37/1992 of 28 December on Value Added Tax, the sale of gift cards is deemed to take place within the territory where Spanish VAT applies when the purchaser is located in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at any given time for the item concerned. Users who wish to receive the invoice by email must say so.

For time-limited promotions, the promotional discount will be applied provided that the purchase is recorded during the promotion period. The data recorded by the various payment methods constitutes proof of the date on which the financial transactions were carried out and will be used to determine whether or not the purchase qualifies for the promotion.

6. Payment methods

The available payment methods are set out below:

Payment by credit or debit card: the user must have a valid credit or debit card and enter all of its digits in the corresponding form. The transaction is concluded when the order is placed. Only payments with secure cards are accepted, in which your identity as cardholder is authenticated by the method established by your bank, through secure e-commerce ('Verified by Visa' and 'MasterCard SecureCode'). The order will not be considered or processed until the payment has been authorised by your bank. The SSL (Secure Sockets Layer) system is used, a payment system in a secure environment that encrypts the information transmitted during the transaction, ensuring its confidentiality. Payment is processed by the payment gateway of the Covermanager purchase module; EL TRIBUT neither receives nor stores your full card details.

Payment by bank transfer or deposit: when the order is completed, the user will receive instructions with the account number for paying the order. The assigned order number and the user's name must be clearly stated in the transfer order. To confirm the order, the transfer must be made within 7 days; otherwise, the order will be cancelled in our system.

Payment by Google Pay: once the purchase is complete, if this payment method is chosen, you will be redirected to the official Google Pay website, where you can make the payment. Once the payment has been made successfully, your purchase will be complete and a notification with a summary of your purchase will be sent. Google Pay automatically encrypts confidential data using the most advanced technologies available on the market. Google Pay has its own privacy policies and EL TRIBUT accepts no responsibility whatsoever for them.

7. Right of withdrawal

Right of withdrawal: the user has the right of withdrawal and has a period of 14 calendar days from receipt of the email with the gift card to exercise it, without penalty. The consumer must be refunded the total amount of the purchase, that is, the price of the gift card, within 14 days of the user/consumer exercising the right of withdrawal. Exercising the right of withdrawal is not subject to any formality.

Exceptions to the right of withdrawal: the right of withdrawal shall not apply to contracts relating to the following (which include gift cards):

The provision of services, once the service has been fully performed, where performance began with the prior express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by the trader, they will have lost their right of withdrawal.

The supply of accommodation other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.

8. Gift card conditions

Right of withdrawal: the user has the right of withdrawal and has a period of 14 calendar days from receipt of the email with the gift card to exercise it, without penalty. The consumer must be refunded the total amount of the purchase, that is, the price of the gift card, within 14 days of the user/consumer exercising the right of withdrawal. Exercising the right of withdrawal is not subject to any formality.

Exceptions to the right of withdrawal: the right of withdrawal shall not apply to contracts relating to, among others, gift cards.

9. Invalidity and unenforceability of clauses

If any clause in these general terms and conditions is declared wholly or partly null and void or unenforceable, such invalidity or unenforceability shall affect only that provision or the part of it that is null and void or unenforceable, and the rest of the General Terms and Conditions shall remain in force.

10. Applicable law and jurisdiction

These terms and conditions shall be governed by and interpreted in accordance with Spanish law in all matters not expressly provided for. The provider and the user agree to submit any dispute to the Courts and Tribunals of the provider's domicile or of the user's domicile (if the user is a consumer).

11. Applicable regulations

These General Terms and Conditions are subject to the provisions of:

European legislation governing electronic commerce: Directive 2011/83/EU, Directive 2000/31/EC, Regulation (EU) 2023/988.

Spanish legislation: Law 3/2014, Law 7/1998, Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018, Law 7/1996 and Law 34/2002.

12. Comments and suggestions

Your comments and suggestions are welcome. Please send them to us through our contact email hola@eltribut.com. We also have official complaint forms available to consumers and users, which you can request through hola@eltribut.com.