This page tells you the terms and conditions under which our restaurant partners provide any of their meals (the “Meals”) listed for you on our website. Please read these terms and conditions carefully before ordering any Meals from our website. By accessing our website and placing an order, you agree to be bound by these terms and conditions and the terms of our use policy.

If you have any questions regarding these terms and conditions, please contact us before placing your order at 695700370. If you do not accept these terms and conditions in full, please do not use our Service.

1. INFORMATION ABOUT US

www.foodexpressgc.com is a website operated by Food Express GC (“we” or “Food Fxpress”), with registered office at avenida de Gran Canaria 32, Spain and VAT ID number

42271292 - Y. Food Express is a company where food is prepared by independent restaurants (our “Partner Restaurants”) and delivered by us.

2. PURPOSE

The purpose of our Service is to provide you with a simple and convenient service, putting you in contact with the Partner Restaurant and menu of your choice and enabling you to order the Meals you want from them. Food Express markets meals on behalf of our partner Restaurants, concludes orders on their behalf and delivers the Meals to you.

3. SERVICE AVAILABILITY

Food Express offers an ordering and delivery service from our partner Restaurants in the Canary Islands. Each partner restaurant has a defined delivery area. This ensures that the Meals arrive at your home when they are still at their best. If you live outside the delivery areas a message will appear on the screen notifying you that online ordering is not possible. We do not accept orders from people in a zip code where we do not have a partner restaurant. Service times will vary depending on local business conditions and the availability of our partner restaurants. Click on the appropriate link to view the menus in our Service, then click on the menu of your choice, which will offer you the option to forward your order to the Partner Restaurant of your choice.

4. ORDERING

When you place an order through our Service, we will send you, on behalf of the Partner Restaurant, an email thanking you for your order and confirming that your order has been received and accepted by that Partner Restaurant (the “Confirmation Email”). The contract for the supply of any Meals you order through us will be between you and the Partner Restaurant and will only be formed when we have sent you the Confirmation Email. Please ensure that you have provided us with a correct e-mail address as this will be the means of communicating with you regarding your Order. Also, please ensure that you provide us with an accurate address and telephone number so that your Meals arrive at the correct location. If you do not answer the door or respond by telephone within 15 minutes of our delivery drivers physically arriving at your address, we reserve the right to abandon the location and you will still be charged for the Meal. Food Express strives to provide a quality service and will be the first contact in case there is a problem with your Food, either regarding the quality of the Food and/or the temperature. We closely monitor our partner restaurants, and it is of the utmost importance to us that they meet our standards and help us maintain our reputation. Please do not hesitate to inform us by e-mail or telephone if you have any comments regarding our partner Restaurants or the Meals.

5. MEALS

All meals are subject to availability. Your Partner Restaurant will be able to offer you an alternative to any Meal that it is unable to provide. Our Partner Restaurants may use nuts in the preparation of certain Meals. If you have any allergies, you may call our Partner Restaurant before ordering. Food Express cannot guarantee that the Meals sold by our Partner Restaurants are allergen-free.

6. SALE OF ALCOHOL

Persons ordering alcohol from our Partner Restaurants must be 18 years of age or older. Alcoholic beverages may only be sold to persons over 18 years of age. By placing an order that includes alcohol, you confirm that you are at least 18 years of age. Food Express reserves the right to refuse to deliver alcohol to anyone who cannot prove that they are at least 18 years of age.

7. AVAILABILITY AND DELIVERY

We aim to provide the best possible delivery service. Unfortunately, things do not always go to plan and factors such as traffic or weather may occasionally prevent us from achieving our objective in this regard. We will make every effort to ensure that your Meal is delivered at the time specified in the email and on the website. The delivery time of your order will be determined by taking into account the number of orders and the circumstances affecting the partner Restaurant at the time.

8. CANCELLATION

You have the right to cancel an order within a reasonable time before it becomes an initiated Order. Partner Restaurants will classify as a negative order any order that is cancelled after food has already been used to begin preparation (an “Initiated Order”). Customers may cancel an order by contacting the Partner Restaurant. Otherwise, Food Express and the Partner Restaurant may cancel any order and will inform you once the order is canceled. You will not be charged for any order cancelled in accordance with this clause. Any payment made before Food Express or a Partner Restaurant cancels an order will normally be refunded by the same method you used to pay for the order. However, you will be charged for any order cancelled after it has become an Initiated Order.

9. PRICES AND PAYMENT

The price of all Meals will be listed in our Service. Prices are inclusive of IGIC. Prices will vary between menus. Prices are subject to change at any time, but changes will not affect orders with respect to the information presented to you in the Confirmation Email, except in the case of an obvious pricing error, in which case we will inform you as soon as possible of the pricing problem. You may cancel your order once we have notified you by calling 695 700 370. Despite our best efforts, some of the Meals listed in our Service may be priced incorrectly. Normally, the relevant Partner Restaurant will check the prices as part of the ordering process. Payment for the Services is made by credit card through the Stripe payment gateway (www.stripe.com) +0.60€ Payment Fee or PayPal (www.paypal.com) +0.70€ Payment Fee or in cash at the destination. Once your order has been confirmed, your credit card, debit card or PayPal will be authorized and the payment amount will be marked with the payment processor's commission. Payment is made directly to Food Express and then passed on by Food Express to the Partner Restaurant. Our Partner Restaurants authorize us to accept payment on their behalf, so payment of the price of any Meal on our behalf will relieve you of any obligation to pay the price to the Partner Restaurant.

10. OUR LIABILITY

To the fullest extent permitted by law, Food Express provides our Service and content on an “as is” and “as available” basis, and we make no representations or warranties of any kind, express or implied, with respect to the content or availability of our Service, nor can we guarantee that it will be error-free or that any defects will be corrected in a timely manner. Without limiting the foregoing, neither Food Express nor any associated Restaurant shall have any liability to you for any loss or damage, direct, indirect, special or consequential, arising in contract, tort (including negligence) or otherwise arising out of your use of or inability to use our Service. In the event that Food Express or the associated Restaurant is found liable to you, our total aggregate liability to you shall be limited to the purchase price of the Meals you paid for in your order. This does not in any way exclude or limit the liability of Food Express or any Partner Restaurant for any item the exclusion of which by us would be unlawful, nor is it an attempt to exclude either our liability or that of the Partner Restaurants, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation and misrepresentation.

11. ACTS OF GOD AND FORCE MAJEURE

Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement arising from any cause beyond the control of such parties, including, without limitation, any of the following: natural catastrophes, governmental action, war, fire, flood, explosion or civil commotion.

12. INTEGRITY

If any provision of this agreement is held to be unlawful or unenforceable, the remaining provisions shall remain valid and effective as between the parties.

13. INTELLECTUAL PROPERTY

We are the owner or the licensee of all intellectual property rights in our Site and our Service, and in the material published on our Site and our Service (excluding your Contributions). These works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, edit, download, post, broadcast, transmit, make available to the public or otherwise use any content from our site, in any way, except for your own personal, non-commercial use.

14. USE OF COOKIES

We collect certain information about you as a result of your use of our Service. You will find more details about this in our privacy policy.

15. CONTACT

If you have any problems, questions or need any clarification, you can contact us at the following email: oficina@foodexpressgc.com

This document is an integral part of the Terms and Conditions of www.foodexpressgc.com. By accepting the Terms and Conditions the User accepts the Privacy Policy contained herein.

16. Promotion and commercial offers (online and offline)

16.1. Food Express may send promotional messages and/or offers related to the service it offers and that may be of interest to the User to the User's e-mail address. Food Express may measure and personalize such advertising based on the preferences of Food Express Users. If the Food Express User does not wish to receive such information and/or commercial communications, he/she may at any time choose the option to “Unsubscribe” in the e-mail itself, and consequently, Food Express will immediately cease sending the aforementioned information.

16.2. Food Express may also send the User messages and/or offers related to such services by means of “push” notifications consisting of the sending of such promotional messages and/or offers to the User's cell phone. If the User of Food Express wishes not to receive the commercial communications of this point and the previous 3.1., the User may remove them together by deactivating their privacy preferences in their profile with a single click.

16.3.- Food Express and/or third parties associated with Food Express, may use the delivery address of the order entered by the User for the purpose of promotional activities for the delivery of samples or free products of the service related to Food Express (i.e. delivery of free samples at home or advertising brochures) together with the delivery of the order that may be of interest to the User.

By using the Food Express Platform, Users may also receive commercial communications from third parties associated with the Platform such as Facebook and Google, all depending on the privacy preferences that the User has in such Platforms.

The above processing will be carried out in the legitimate interest of Food Express to carry out “marketing” activities for the benefit of Users, as described in the following point. It is worth mentioning that Users may use their privacy management center to unsubscribe from online marketing services or cancel their account if they do not agree to receive samples together with orders from Food Express.

17.- Sharing of Users' data with third parties

17.1- As described in point 16.4 above, if the User connects his/her Food Express account to another social network or third party platform, Food Express may use the information provided to that social network or third party, provided that such information has been made available to Food Express in compliance with the privacy policy of that social network or third party platform.

17.2.- If the ownership of Food Express changes or most of its assets are acquired by a third party, Users are informed that Food Express will transfer their data to the acquirer's entities in order to continue providing the services subject to data processing. The new controller will communicate to the Users their identification data. Food Express declares that it will comply with the duty to inform the relevant Supervisory Authority in the event that the aforementioned situations occur, and will inform Users of the change of controller at the time it occurs. The present treatment will be carried out under the contract signed with Food Express.

The Food Express User, by placing an order and registering on our platforms, accepts these Terms and Conditions in their entirety.