These General Terms and Conditions govern the purchase of the products and services offered on the website www.healthypoke.com, owned by HEALTHY POKE S.L (hereinafter, HEALTHY POKE).
The purchase of any of the products and services entails full and unreserved acceptance of each and every one of the General Terms and Conditions set out herein, without prejudice to the acceptance of any Particular Conditions that may apply when purchasing certain products and services. These General Terms and Conditions may be modified without prior notice; therefore, it is advisable to read their content carefully before purchasing any of the products and services offered.
HEALTHY POKE, in compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, informs you that:
To contact us, we provide the following means of contact:
All notifications and communications between website users and HEALTHY POKE shall be considered effective, for all purposes, when made through any of the means detailed above.
HEALTHY POKE is an online service of healthy prepared meals delivered to your door. Our specialty is Hawaiian food such as pokes, but we also offer Wraps.
The dishes, the descriptive sheet with details about their preparation, ingredients, nutritional information and price appear on screen. HEALTHY POKE reserves the right to decide, at any time, which products and services are offered to Customers. Accordingly, HEALTHY POKE may, at any time, add new products and services to those currently offered. Likewise, HEALTHY POKE reserves the right to withdraw or stop offering, at any time and without prior notice, any of the products and services offered.
All of the above notwithstanding, the purchase of the products and services may only be made through the USER’s subscription or registration. The User will create their own Username and Password, using the means provided by HEALTHY POKE on the platform, which will personally identify and enable them to access the products and services. Once inside www.healthypoke.com, and in order to access the contracting of the different products and services, the User must follow all the instructions indicated in the purchase process, which will imply the reading and acceptance of all the general and particular conditions set out on www.healthypoke.com.
HEALTHY POKE guarantees the availability of all the dishes advertised on its website each week. We do not work with stock but to order, so each product purchased by the customer is available. HEALTHY POKE is not responsible for any damages or losses that may be caused to the USER as a result of failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the www.healthypoke.com service during its provision.
To make any purchase on www.healthypoke.com, the customer must be of legal age. In addition, the customer must register on www.healthypoke.com through a data collection form providing HEALTHY POKE with the information necessary for the contract; data which shall in any case be truthful, accurate and complete regarding their identity and which the customer must expressly consent to by accepting HEALTHY POKE’s privacy policy.
The steps to make a purchase are:
The customer receives an email confirming the order and its breakdown. It is also advisable for the customer to print and/or save a copy on a durable medium of the terms of sale when placing their order, as well as the receipt confirmation sent by HEALTHY POKE by email.
Throughout the process, the user will be able to see the breakdown of base price, VAT and shipping costs.
The duration of the contracting of the services ends with the delivery of the order.
The order will be delivered to the address designated by the customer at the time of contracting, according to the chosen method. The delivery area covers the following zones: Madrid within the M30.
Deliveries in Madrid: you can receive your order in between 45 minutes and 1 hour.
The prices of the products and services listed on www.healthypoke.com are expressed in Euros unless otherwise stated, and are guaranteed during their period of validity, except for printing errors and regardless of the destination of the order.
The products include VAT.
The VAT rate is 10%.
Shipping costs: Shipping costs appear at the “Delivery/pickup” step of the payment. The amount will vary depending on the delivery distance and will be shown itemized in the total price before confirming the purchase.
There are no other additional costs.
Product prices may change at any time. In this case, the price to be applied will be the one in force on the date the order is placed. In any case, the final cost will be communicated to the customer during the electronic purchase process before they formalize their acceptance.
The payment method to make the purchase is:
By credit or debit card.
You can make the payment immediately through our Bank’s secure SSL payment gateway. If any return or cancellation of the order is necessary, the amount will be refunded through the same payment card. Both personal and banking data will be protected with all the security measures established by the company in accordance with the requirements of the European Data Protection Regulation and in complete confidentiality.
The Customer has the possibility of obtaining discounts and promotions when placing orders with Healthy Poke. The terms of use for discount coupons and promotions are as follows:
All discount coupons, codes and promotions will apply only to the first orders of new Healthy Poke customers, unless otherwise stipulated.
HEALTHY POKE guarantees that the dishes are cooked to order, with one hundred percent fresh ingredients and no additives. Packaging is carried out in a controlled atmosphere to guarantee optimal preservation of the dishes. Cooked dishes are kept refrigerated throughout the transport and delivery process.
As established by the regulations, the consumer and user is informed of the existence of the right to WITHDRAW from a contract during a maximum period of 14 calendar days without needing to state a reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RD 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users. However, in relation to the products sold on healthypoke.com, this right of withdrawal is subject to the exception established in Art. 103, section d) of RD 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users.
The consumer and user has the right to the repair of the product, its replacement, a price reduction or the termination of the contract, as established in Chapter II, Title IV, Book II of the General Law for the Defence of Consumers and Users. If the product does not conform to the contract, the consumer may choose between the repair or replacement of the product, both being free of charge for the consumer, which will be carried out within a reasonable period of time depending on the nature of the products and the purpose for which they were intended. If, once the replacement has been completed and the product delivered, it still does not conform to the contract, the consumer may demand its replacement, a price reduction or the termination of the contract.
Specific remarks in this regard:
If it is due to causes attributable to HEALTHY POKE, such as breakage of the packaging during transport, loss or theft of any of the dishes during transport, or a preservation failure of a dish, HEALTHY POKE will replace the defective or missing dish in the order as soon as possible, provided that it or another of similar characteristics is available and the customer’s address is in Madrid-Centro (within the M-30). If none of these situations occur, the price of the dish is refunded and the customer is given a Discount Coupon for their next order.
To file any complaint or claim with HEALTHY POKE, the customer must contact the customer service department either by phone at 645 30 21 74, or through the email address info@healthypoke.com.
To process the claims related to the incidents indicated in point 12, we ask the customer to take photos of the dish in poor condition or whose packaging is broken or defective and send them to the Customer Service Department together with the written claim. In accordance with the EU Online Dispute Resolution in consumer matters and pursuant to Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.
These conditions shall be governed by current Spanish legislation. The language used shall be Spanish. In the event of having to resort to the Courts to settle any dispute between the parties, if the user is a consumer, the Courts and Tribunals of their domicile shall apply.