1. Description |
Supper Stars is a Platform, which can be accessed from the Web www.thesupperstars.com, which is dedicated to Gastronomic Experiences, putting Foodies in contact who want to hire a private chef service with the Chefs that offer their services These general conditions of use ("Terms") are intended to regulate access and the terms of use of the Platform and were approved on 03/02/2019. You can communicate with us, through our email hola@supperstars.es or in our contact section, where we can answer your questions. |
2. Definitions |
In this document, the following expressions have the respective special meaning:
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3. Accounts |
3.1. CreationTo access the Platform and the Services, each User must create, through the Platform, a Personal Account. Only persons of legal age and without relevant legal restrictions may hold an Account. Each User can only have one Account. The registration of an Account requires Users to submit certain personal information, in particular the name, address, email, mobile phone number and age. In the creation of an Account, the User acknowledges that he has read and accepted these Terms. 3.2. ContactsThrough the Accounts, Users are related to each other and to Supper Stars. By creating an Account, Users agree that Supper Stars and other Users may send correspondence (emails, letters or text messages) or contact them in any other way, as part of the normal operation of their use of the Services. Users can opt at any time for not being contacted, globally or through a specific means of communication, by sending an e-mail to Supper Stars with that indication. Users acknowledge and accept that the option of not being contacted, totally or partially, may affect their normal use of the Services. 3.3. MaintenanceEach time a user accesses your Account you are implicitly accepting the Terms in their most current version. Users are responsible for their Account and any security related to it, promising to protect their access data. Users are responsible for all transactions made with your Account, even without your knowledge. Supper Stars may at any time modify the access or security conditions of the Accounts, which will be opportunely communicated to the Users. Supper Stars may deny access to the Services and Platform to anyone who considers that, in any case, it is not in a position to respect and comply with the Terms or may, in any way, question the integrity, good service and good name of the Supper Stars company. 3.4. InformationEach User must keep his Account updated with true and complete data. Users will be responsible for any consequence caused by the fact that the information provided is incorrect, incomplete or out of date. Supper Stars may, for purposes of transparency, improve the veracity or prevention or detection of fraud, establish a system to verify part of the information provided by Users. These are basically cases in which the telephone number or identity document is entered. The Users acknowledge and accept that any reference in the Platform to "certified" information, or to any other similar term, only means that a User has successfully passed the verification procedure existing in the Platform. Supper Stars does not guarantee the veracity, reliability or validity of the information of the Users, nor subject to the verification procedure. 3.5. RescissionSupper Stars has the right to deny access to the Account and all services offered on the Platform, unilaterally and without prior notice, in particular when the User does not respect these Terms or may, in any way, question the integrity, good service and good name of Supper Stars. If access to the Platform is denied, the User remains bound to comply with these Terms in all relevant matters. In these cases, the granting of new access to the Platform will also be in the total discretion of Supper Stars. |
4. Utilization |
Supper Stars offers the Platform that Chefs and Others can offer, and Foodies can purchase the Services. The use of the Platform does not imply any cost to the User, however, when purchasing the Services, they have their price. The definition, offer and execution of the Gastronomic Experiences is the entire responsibility of the Chefs. However, due to brand, quality and standardization of the offer, the Gastronomic Experiences must respect the parameters of quality, content and execution predefined by Supper Stars and accepted by the Chefs. The Chefs present their Gastronomic Experiences in the Platform, by which a Price is determined. 4.1. PurchaseThe Foodies may only acquire the Services through the Platform. The acquisition of Services must be made at least 2 (two) days before the scheduled date for the execution of the same. The Platform only accepts orders equivalent to 6 (six) diners, which corresponds to the minimum service provided. 4.2. PaymentWhen a Foodie acquires a Service through the Platform, it must proceed to pay for it at the time of acquisition, through the means of payment made available on the Platform. The payment through the Platform represents the acquisition of the Service. No Service is considered confirmed without payment of the entire Price. The Services will be paid to Supper Stars. Supper Stars will invoice the entire Price due to the Services provided. 4.3. EvaluationSupper Stars believes that the evaluation of the Services is essential to guarantee and improve the quality of service. This evaluation must be done through a mixed system with star attribution and comment writing. It is expected that Users proceed to the evaluation of the Services. The evaluation must be done by the Users immediately after the use of the Services. If it is not possible to perform the evaluation immediately, it must be done within a maximum period of 15 (fifteen) days after the use of the Services. The Supper Stars community and the trust in the brand are based on the principle that all evaluations are transparent and honest and that they adequately reflect the quality of the evaluated services. Evaluations will not be allowed, in particular, that:
The position of Supper Stars is of no edition of the evaluations. However, Supper Stars reserves the right to eliminate any evaluation that violates these rules or others contained in these Terms. Supper Stars reserves the right to suspend a Chef or limit his access to the Platform, in case (i) he has received at least 2 (two) criticisms and (ii) the average opinions he has received have a score of 3, 5 or less. 4.4. Quality GuaranteeSupper Stars is committed to the quality of the Service. In the case of dissatisfaction, the Foodies must submit by email hola@supperstars.es, within 24 (twenty four) hours, a claim substantiating the reason for the same. In case the claim is motivated, Supper Stars will decide how to proceed. 4.5. Cancelling4.5.1. By the Foodie for discretionary reasons of Services booked directly by the Foodies on the WebCancellation of the Service in advance
4.5.2. By the Foodie for discretionary reasons of Services that were not booked directly by the Foodies on the WebCancellation of the Service in advance
4.5.3. By the Foodie for reasons of force majeureIn the event that the Service can not be executed for reasons of force majeure, duly verified, which prevents Foodie from receiving it, it will be reimbursed at 100% of the value paid, deducted from the costs already incurred by Supper Stars, the Chefs and Others. In case of force majeure, the Foodie must, within a maximum period of 15 days, contact Supper Stars directly to receive the reimbursement of the Service, presenting the confirmation elements that are requested. The refund of the value will only be made after the cancellation of the service by Supper Stars, the Chefs and Others. 4.5.4. By Supper StarsIn the event that the Chef is not available, for any reason, although alien to Supper Stars, to offer the Gastronomic Experience and/or the Services to the Foodie, Supper Stars will ensure the substitution by another Chef of equivalent quality and style, who must offer a Gastronomic Experience equivalent or better, according to the Chef’s portfolio. If the Foodie does not accept the substitution of the Chef and / or the Gastronomic Experience and / or Services, a 100% (one hundred percent) reimbursement is due on the amount paid deducted from the costs already incurred by Supper Stars, the Chefs and Others. If for some reason Supper Stars cannot ensure the substitution of the Chef and / or the Gastronomic Experience and / or Services, a 100% (one hundred percent) reimbursement is due on the amount paid. |
5. Coexistence Rules |
The use of the Services and the Platform implies a close contact between all the Users, especially relevant in the cases in which the Gastronomic Experiences and / or the Services are provided in the place indicated by the Foodies. In order to maximize the experience of using the Services and Platform, Users are committed to behave in a civilized, roped and educated manner in all interactions they have, including with Supper Stars. In any case, behaviors that:
The Foodies undertake to communicate to Supper Stars conditions that may affect, in some way, the regular provision of the Service or the use of the Platform, in particular the existence of domestic animals. Users have the right to interrupt the provision of services if these Rules of Coexistence are not respected. The Foodies undertake to maintain the confidentiality and description in the execution of the Services and the Chefs undertake to maintain confidentiality and description of the identity and any other information to which they have access in the framework of the provision of their Services. 5.1. Regarding FoodiesChefs are obliged to behave in the most careful and respectful way possible in the place indicated by the Foodies for the realization of the Services (hereinafter "House"). Without prejudice to the provisions of these Conditions, Users accept any possible damage and wear resulting from the normal execution of the services provided by the Chefs. 5.2. ResponsabilityIt is the entire responsibility of the Chefs:
If the Users understand that there is a conflict (disagreement) in relation to the chosen Services and the services provided they must submit by email hola@supperstars.es, within 24 hours, a written explanation. Supper Stars:
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6. Availability of the Platform |
Supper Stars will try as much as possible to maintain the constant operation of the Platform the 7 (seven) days of the week and the 24 (twenty four) hours of the day. However, it is possible that access to the Platform may be temporarily suspended, without prior notice, for technical reasons, maintenance, migration or update operations, or due to power outages or restrictions related to the operation of the network . Supper Stars is not responsible for technological failures of any kind. Supper Stars does not provide any guarantee about the operation of the Platform and can not be held responsible in any way for the loss of business or the opportunities related to the operation of the Platform. In addition, Supper Stars reserves the right to modify or suspend in whole or in part access to the Platform or its functionalities, at its discretion, either temporarily or permanently. Users may not, in any way, endanger the normal operation of the Platform. |
7. Intellectual Property |
The Platform will have Content produced by Supper Stars and by Users, to the extent that it allows it. 7.1. Content published by Supper StarsSubject to the content provided by its Users, Supper Stars is the sole owner of all intellectual property rights related to the Platform, its content (specifically texts, images, designs, logos, videos, sound, data and graphics) and with the software and the databases that ensure its operation. Supper Stars guarantees Users a personal, non-exclusive and non-transferable right to use the Platform, for their personal and private use, and in accordance with the purpose of the Platform and these Terms. It is strictly forbidden to use or exploit the Platform, including its content, for any purpose other than that provided without the prior written consent of Supper Stars. In particular, the following is strictly prohibited:
7.2. Content published by the UserAll Content provided by Users remain their property, so Supper Stars is not responsible in any way for the same. All the Contents may, but shall not be managed by Supper Stars, including the contents produced by the Users, including editing, publication or elimination, except in regards to the personal data of the Users. To do so, by providing Content Users grant Supper Stars a worldwide, perpetual, irrevocable and exempt license of royalties, to use, copy, modify, create derivative works, translate, distribute, present and execute publicly. , and otherwise, exploit, in any way, such Content, in all formats and distribution channels known or in the future conceived without prior notice or consent of the User, and without the need for any payment thereto to any other person or entity, except in regards to the personal data of Users. The Users declare and guarantee that:
No content will be admitted, in particular, that:
Users agree not to publish content with external links without prior validation of Supper Stars. |
8. Data Protection |
Supper Stars collects and processes personal data of Users for the purpose of managing the customer account, billing, providing information, in accordance with the express authorization for this purpose, assuming the commitment of privacy and security in the processing and maintenance of the personal data of each one. In accordance with the provisions of the Organic Law 15/1999 on the Protection of Personal Data (LOPD), Supper Stars informs the Users of its Website that the personal data collected by the company, through the forms located on its pages, will be entered in an automated file under your responsibility, in order to facilitate, expedite and fulfill the commitments established between both parties. Likewise, Supper Stars informs of the possibility of exercising the rights of access, rectification, cancellation and opposition by writing to the email hola@supperstars.es. |
9. General |
The Terms:
9.1. Linking of usersThe access and / or use of the Services constitutes and implies the acceptance of the Users to be bound by the Terms. If you do not accept these Terms, Users may not use the Platform or access or use the Services. 9.2. ExamplesIn the Terms, "including" and "includes" mean "including, but not limited to." And the expressions "in particular" mean that the examples indicated are not, in any way, limiting or even exhaustives. 9.3. Invalid ClausesIf any clause of these Terms is considered illegal, invalid or unenforceable, in whole or in part, by virtue of any law, such clause or part thereof shall be construed to the extent that they do not form part of these Terms. In this case, the legality, validity and applicability of the remaining clauses of these Terms will not be affected. The parties must replace the part of the illegal, invalid or unenforceable provision with a (part of a) provision that is legal, valid and enforceable and that has to the greatest extent possible an effect similar to the provision or its illegal, invalid or inapplicable, taking into account the content and purpose of these Terms. 9.4. Modification of the termsSupper Stars may modify or denounce the Terms at any time, without prior notice, or, in general, cease to offer or refuse access to the Services or the Platform, in whole or in part, at any time and for any reason. Supper Stars will notify Users of any change in the Terms by means of a general notice posted on the Platform, by electronic mail or any other electronic form, personalized or not. Modifications to the Terms take effect after notification to Users. The continuation of access to the Services and Platform by Users after the notification constitutes and presupposes the acceptance of the Terms in their modified version. 9.5. Supplementary TermsSpecific conditions of use may apply (Supplementary Terms), in particular the creation of specific policies for a specific event, activity or promotion, provided that the relevant Users have been notified. The Supplemental Terms complement and are interpreted as part of the Terms, for the purposes of the Services and Platform. The Supplemental Terms prevail over the Terms in the case of a litigation related to the Services or Platform. |
10. Applicable law |
These Terms have been drafted in Spanish, in accordance with Spanish law. 10.1. LitigationIf necessary, you can also submit your claims regarding our Platform in the online dispute resolution platform of the European Commission, which you can access from the following link.. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN The European Commission will send your claim to the competent national body. In compliance with the legislation applicable to arbitration, you have the obligation, before requesting arbitration, to inform Supper Stars in writing of any claim or litigation with the objective of obtaining a friendly solution. 10.2. CourtFor the resolution of conflicts arising from this contract, the competent courts are those of the city of Madrid, expressly waiving any other. |
11. Legal warning |
In compliance with Law 34/2002, of July 11, services of the information society and electronic commerce, we inform you, that Supper Stars is a brand and that its corporate name is Supper Chefs España SL, with CIF B88156047 and address in Calle Oquendo 20, bajo izquierdo, local comercial - Contacto Cocina (28006 - Madrid). The Web is hosted on Supper Stars servers in Europe. |
12. Cookies |
Cookie is a file that is downloaded to your computer when you access certain websites. Cookies allow the Website, among other things, to store and retrieve information about the browsing habits of a User or their team and, depending on the information they contain and the way in which they use their equipment, they can be used to recognize the User. The User's browser memorizes cookies on the hard disk only during the current session occupying a minimum memory space and not harming the computer. Cookies do not contain any kind of specific personal information, and most of them are deleted from the hard drive at the end of the browser session (the so-called session cookies). Most browsers accept cookies as standard and, independently of them, allow or prevent temporary or stored cookies in security settings. Without your express consent - by activating the cookies in your browser - Supper Stars will not link in the cookies the data stored with your personal data provided at the time of the registration of the Account or the Purchases. The information that we provide below, will help you understand the different types of cookies: What types of cookies does this Website use?
Third party cookies used on this websiteAccording to the provisions of article 22.2 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce (LSSI-CE), Supper Stars informs about the cookies used in our Website:
(*) The information obtained through these cookies, referred to the user's equipment, may be combined with your personal data only if you are registered on this website. How to set cookies in your browserLikewise, Supper Stars informs the user that he has the possibility to configure his browser so that he is informed of the receipt of cookies, and may, if he wishes, prevent them from being installed on his hard drive. Below we provide the links of various browsers, through which you can make such a configuration. Click for more information : |