Terms and Conditions

GENERAL TERMS AND CONDITIONS

1. Object

These General Conditions and Terms (hereinafter, 'General Conditions') regulate the service offered by the web platform www.cooknpop.com.

Cookn'pop is a collaborative market place that makes its web platform available to third parties to proceed with the hiring of gastronomic services. That is, it only contacts Chefs who want to provide gastronomic services with Users who seek to hire such services. Users may search for Chefs registered on the web platform, communicate with them, assess and review the service received by them or access other services and functionalities provided by Cookn'pop.

Cookn'pop does not directly offer gastronomic services and does not control or is responsible for the services offered by the Chefs registered on its website. Therefore, Cookn'pop does not intervene in the choice of menus, ingredients or quality level offered on the platform.

To hire gastronomic services of the Chefs announced in Cookn'pop as well as to advertise in the application as a Chef it is necessary to have more than 18 years, guaranteeing the Users who register that they comply with the previous condition. It will be the obligation of registered Users to make diligent use and keep their passwords or other credentials secret. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and / or passwords that are provided by Cookn'pop, and undertake not to assign their use to third parties, either temporary or permanent, or to allow their Access to outsiders. It will be the responsibility of the User to use the services by any illegitimate third party that uses a password for this purpose due to non-diligent use or loss thereof by the User.

By virtue of the foregoing, it is the obligation of the User to immediately notify Cookn'pop of any event that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, with in order to proceed to its immediate cancellation. Until such events are communicated, Cookn'pop will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties. Passwords or other credentials used by the User registered in Cookn'pop will be considered an advanced electronic signature for the purposes of the provisions of article 3.10 of Law 59/2003, of December 19, on Electronic Signature.

2. Territorial scope of Cookn'pop

The gastronomic services announced by the Chefs through Cookn'pop are limited to the Spanish peninsular territory, France metropolitan, Balearic Islands, Canary Islands, Ceuta and Melilla.

TERMS AND CONDITIONS OF THE USERS

3. User Registration

To facilitate contact with Chefs announced on our web portal, Users must make a User registration in Cookn'pop. This User registration can be done from the main page of Cookn'pop by clicking on the 'Register' link of the web platform and completing the registration data (username, email and password).

At the end of the registration process you will receive an account activation email as a Cookn'pop User, which must be activated before accessing the web platform. Once the account is activated, you can access your profile account as a User by entering the information provided and clicking on 'ENTER'. You can also register on the Cookn'pop platform through the social network Facebook using the button shown on the main page. Through the User profile you can expand the data (address, name, surname and telephone number), consult and edit your personal data and perform other procedures and procedures that are available at any time.

Registration as a Cookn'pop User is free. You can unsubscribe as a Registered User from the 'Your profile -> Edit profile' section. The cancellation as a registered User will entail the cancellation of the personal data associated with your Account, as well as the elimination of any other information that may have been previously entered in the application.

4. Order Request Process

The process of contracting gastronomic services by the user will be carried out as follows:

a. Chef Selection: Cookn'pop will display on a map the ads of Chefs available near your location. The User, by clicking on each advertisement, can find out about the dishes or menus offered by the Chefs, the ingredients they contain, the price and the quantity available. You can also inform yourself of the valuation and comments made by other Users about the service offered by the Chef.
b. Start of the process: Once the User chooses the Chef and the dishes that will make up the order, he will select the date and time of collection of the dishes. From then on the communication with such Chef will be established, being able to send and receive messages through the platform during the entire duration of the transaction.
c. Order confirmation: Once the order has been placed, the Chef must confirm his availability to deliver the order at the time of collection chosen by the User. All orders will be conditioned to be accepted by the Chef and Cookn'pop is not responsible for the acceptance or not of them.
d. Payment of the order: Once the order is confirmed, Cookn'pop will inform the User that the order is 'pending payment'. The User will then have to proceed with the payment by debit or credit card, always managed through the external payment platform Stripe Payments Europe, Ltd. ('Stripe'), and provide the necessary data (card number, expiration date and security code). This data will never be stored in any database owned by Cookn'pop, but will be managed solely and exclusively through the Stripe payment platform. Once the User completes the payment process, the Contract will be perfected for all purposes.
The Chef may cancel the order at any time without prior notice, as long as the payment has not yet been made.
If the User, once the order has been accepted by the Chef, does not proceed to the payment made when the order is collected, the transaction will be automatically canceled without prior notice to the User.
Cookn'pop is not responsible for any cancellation, either by the User or the Chef.
e. Payment confirmation: Once the order has been paid by the User, Cookn'pop will send a payment confirmation email, containing the following information:
- - Payment confirmation code.
- - Order number.
- - Date and time of reservation.
- - User in charge of cooking the dishes.
- - Collection date and time.
- - Collection Address.
- - Payment status.
- - Payment card used for payment (only the last 4 digits visible).
- - Date and time at which the payment was made.
- - Summary of the dishes or menus that make up the order.
- - Total price of the order.
Once the purchase process is finished, the User may not modify or cancel the order outside the cases provided by law or in these General Conditions.
f. Collection of the order: The time and place of collection will be specified in the e-mail of 'Confirmation of payment' sent to the User in the previous step. These terms may be modified between User and Chef, in case of reaching an agreement. In this way, the terms of the order and its collection will always be agreed between the User and the Chef. Cookn'pop is not responsible for the development of the relationship, as well as for the delivery of the products requested to the Chef on the web platform.
g. Valuation of the service: The User, once paid and collected his order, may assess the service provided by the chef through the application. This service will be valued following four criteria: Quality, Quantity, Presentation and Delivery. For this, the User will have 5 days, after which any interaction with and about the Chef will be terminated.
h. Claim of a service: If the User, once his order has been paid, finds any problem at the time of collection, he will have 48 hours to make any claim from the 'order assessment' section, using the 'Send claim' button. After that period, the order will be marked as completed and no claim will be possible to the Chef. There will only be a possibility of reimbursement to the User when no order is delivered by the Chef. In that case the User must contact in the manner previously mentioned within 48 hours after the potential delivery of such order.

5. Product Availability

Cookn'pop does not guarantee the availability of the products offered by the Chefs on the web platform.

6. Offers

Without prejudice to the provisions of the specific legislation, discounts or other offers will be valid for the period of time and/or for the number of stocks specified in Cookn'pop or, failing that, for the entire time that remain published in it. Discounts or other offers may be subject to the particular conditions that may be established in your case. These particular conditions will be part of the Contract.

7. Prices

The Chefs will decide the prices of each dish and menu available on the web platform. Prices will include VAT or taxes that must be applied. Prior to the completion of the order process, the User may know the full final price of his order, breaking down the amount of the requested dishes, including VAT, additional services included by the Chef.

Despite the measures taken by Cookn'pop to avoid errors, it may happen that the price of a product applied during the purchase is not the one offered or that the price offered displayed on Cookn'pop was wrong. In the event that such errors were detected after the formalization of the Contract, such Contract will be void in accordance with current legislation and without prejudice to your rights as a consumer. Cookn'pop will notify you of this incident as soon as you become aware of it and, in case you have been charged any amount for such purchase, it will be reimbursed immediately.

8. Payment

Payment must be made at the time the Chef confirms the order requested by the User. The payment method will always be done by debit or credit card, and will always be managed by the Stripe payment platform.

Payment of your order occurs in real time once the issuing entity has communicated to Cookn'pop the authorization of the payment. Otherwise, the User may not continue the purchase process. Cookn'pop is oblivious to the payment authorization, so the User must contact the issuer directly in case of any incident regarding such authorization.

9. Invoice

Cookn'pop will only send the User a payment confirmation email, which will contain the detailed information in section 4.e of this contract.

Cookn'pop is not responsible for issuing and sending Users the invoices corresponding to the orders placed, in case the User so requests. For this purpose, the Chef will be solely responsible for sending and issuing the corresponding invoice on the gastronomic services provided to the User.

10. Delivery

The Chef will be responsible for delivering the order arranged by the User. In this sense and by default, the User will pick up the order at the address that appears in the contact details of the Chef as long as the User and Chef have not agreed to another place of collection. Cookn'pop is not responsible for the delivery made between the Chef and User. Likewise, Cookn'pop is not responsible for the services offered by the Chefs, on the characteristics of the orders requested by the User on the web platform regarding the ingredients, level of quality of the orders, etc.

In case the order does not fit what is published on the web platform, you must claim it directly from the Chef. Likewise, you can communicate such incident to Cookn'pop that you can take the necessary measures with respect to the Chef registered in the web platform. On the other hand, the User may make an assessment of the gastronomic service performed by the Chef and make the comments he deems appropriate.

11. Order cancellation

Once you have placed your order and your payment has been authorized by the Chef, you cannot cancel the order or request a refund.

12. Disclaimer

In no case will Cookn'pop be responsible for any claim arising from any loss, damage, action, trial or other procedures that arise between the Chef and User relationship, including dissatisfaction with the service received, the expected quality, the result or the appearance of food prepared and delivered by the Chef.

Cookn'pop will not be responsible for the damages, costs or losses suffered as a result of the modifications in the service that it performs or when they are performed outside the context of this website directly with the Chef hired.

The contracting of the services announced in Cookn'pop and the choice of the type of service, cook, quality of prepared food, verification that the Chef meets the legal and sanitary requirements for the performance of such services, will be made under his responsibility. Cookn'pop will not be liable for any type of damage or harm arising from the negligence of the lack of veracity of the services offered by the Chefs that are advertised on the web platform.

The User must claim the responsibility derived from the service to the Chef to whom he has requested the order and in case there is no determinable responsibility, the User can always assess with his opinion the service received, this being the best guarantor for the excellence of the service and the Information to the User interested in future services of such professional.

Cookn'pop tries to reproduce exactly the names of the products, their descriptions, prices, and information of special offers, and allergic warnings and other information of the menus that the Chefs give us. However, it is the responsibility of the Chefs to provide the Information and ensure that it is accurate and up to date and Cookn'pop is not responsible for it. If you have any questions about allergic warnings, the ingredients of a dish or any other menu information, you should contact the Chef directly before ordering. The legal relationship corresponding to the delivery and purchase of a food order is between you and the Chef with whom you place your order. Cookn'pop has no control over the actions or omissions of any Chef. By using the application, you accept and acknowledge, without limitation, that:

- That Cookn'pop does not offer any guarantee that the Products requested from a Chef through the web will be of satisfactory quality or appropriate in his opinion, and that Cookn'pop is not responsible for it.
- The estimated collection times are chosen by the Users and are only estimates. Neither Cookn'pop nor the Chefs guarantee that orders will be delivered or available for pick-up within these estimated times.
- Cookn'pop cannot guarantee that Chefs accept all orders as they can refuse orders once requested by Users or when they have not been paid by the User within the period established in these conditions.
- The above statements do not affect your legal rights against any Chef.

TERMS AND CONDITIONS OF THE CHEFS

13. Register as a Chef

To advertise the gastronomic services, the Chef must have previously registered as a User. Once registered, the User can activate and deactivate his profile as a Chef whenever he wishes, by checking the box 'I want to sell' from 'Your profile -> Edit profile' section. To be able to register as a Chef in Cookn'pop it will be necessary for the User to provide the following information: Name, surname, order pick-up address, contact telephone number and an active bank account (IBAN) on behalf of the registered Chef, through which Cookn'pop will proceed to pay all orders.

By sending the above information and activating the box, the User consents that Cookn'pop carries out the necessary checks to verify their identity, with the aim of giving greater confidence to the Users who request their services. Once the Chef proceeds to register in the application, he can announce the gastronomic services incorporating the following information in each offer:

- Name and photograph of the prepared dish offered.
- Ingredients used in each dish.
- Available quantity of the dishes and menus announced when they are not made to order.
- Price of the dishes and menus available. The price will include taxes applied to the service provided by the Chef, as well as those associated with the Stripe payment platform that will be based on the total amount of each order.

The registration process as Cookn'pop Chef is free. You can unsubscribe as a registered Chef from the 'Your profile -> Edit profile' section.

14. Order acceptance and delivery process

The process of acceptance and delivery of gastronomic services by the Chef will be carried out as follows:

a. Start of the process: Once any user of the platform makes an order request to a registered Chef, Cookn'pop will send an e-mail to such Chef, in addition to a notification through the platform Cookn'pop informing you of the details of the order as well as the date and time of collection specified by the User. From then on the communication with such User will be established, being able to send and receive messages through the platform during the entire duration of the transaction. The Chef may also receive a text message (SMS) on his mobile phone informing of the request for that order, as long as the data entered in his profile regarding the line number are correct.
b. Confirmation of the order: Once the request has been received, the chef will be free to accept or decline the order, which may include both 'On request' and 'Available' dishes. It will be the Chef's obligation to keep the availability of the dishes updated at all times, exempting Cookn'pop from such responsibility.
c. Acceptance of the order: Once the order has been accepted, the Chef cannot cancel it within 15 minutes of the acceptance. Once those 15 minutes have elapsed, and as long as the User has not yet made the payment associated with such order, the Chef will be free to cancel it at any time without prior notice to the User. Once the order has been canceled by the Chef, the transaction will be terminated, exempting the User from making any possible payment associated with it.
d. Payment of the order: The Chef can know at all times the payment status of the order. If such payment has not been received at the time of order collection, the Chef will be free to cancel the transaction without prior notice to the User. Once the order is confirmed, Cookn'pop will inform the User that the order is 'pending payment'. The User will then have to proceed with the payment by debit or credit card, always through the Stripe payment platform and provide the necessary data (card number, expiration date and security code). Once the User completes the payment process, the Contract will be perfected for all purposes.
The Chef may cancel the order at any time without prior notice, as long as the payment has not yet been made.
If the User, once the order has been accepted by the Chef, does not proceed to the payment made when the order is collected, the Chef will be free to cancel the transaction without prior notice to the User.
Cookn'pop is not responsible for any cancellation, either by the User or the Chef.
e. Collection of the order: The time and place of collection will be specified in the e-mail of 'Confirmation of payment' sent to the Chef in the previous step. These terms may be modified between User and Chef, in case of reaching an agreement. In this way, the terms of the order and its collection will always be agreed between the User and the Chef. Cookn'pop is not responsible for the development of the relationship, as well as for the collection of the products requested by the User on the web platform.
f. Claim of a service: If the Customer, once paid for his order, finds any problem at the time of collection that prevents its delivery, he will have 48 hours to make any claim. The Chef will then have 15 days from the moment of delivery of the order to reach an agreement with the Customer or, failing that, provide the necessary evidence (Confirmation code sent to the Customer's e-mail at the time of making the payment) proving their innocence regarding the claim filed. If Chef does not reach an agreement with the Client and do not provide such evidence within the period defined above, the payment of such order to the Chef will be automatically and irreversibly canceled. That said, it will be the Cook's responsibility to ask the customer for that Confirmation Code upon delivery of the order.

15. Obligations of registered chefs

The Chef who uses the services of the Cookn'pop platform undertakes to comply with the following obligations:

1. Be responsible for being the provider of the announced gastronomic services.
2. Provide the information of the menus and dishes and ensure that it is accurate and up to date.
3. Keep the confidentiality of all information, communication and correspondence with the Users and the information related to the order process.
4. Comply with Royal Decree 126/2015, of February 27, which approves the general rule regarding food information of foods that are presented unpackaged for sale to the final consumer and the communities, of those packaged in the places of sale at the request of the buyer, and of those packaged by the holders of the retail trade.
5. Guarantee the availability of the products offered through the web platform.
6. Provide information related to the allergens found in the composition of the food used to prepare the dishes.
7. Comply with current food and health legislation.
8. Be in possession of all the necessary licenses to carry out its activity.
9. Comply with the Social Security regulations and corresponding tax regulations.

In the event that the Chef breaches any obligation established in these conditions, Cookn'pop will proceed to the immediate removal of his profile on the web platform.

16. Charges and payments

Users will pay through Cookn'pop the services provided by the Chefs, payment to be managed by the Stripe platform. Users will pay the price of the dishes or menus determined by the Chef in their profile. Payment will be made prior to the Service, when the order is requested by the User.

Cookn'pop, always through the Stripe payment platform, will issue a transfer to the Chef's bank account only when the order has been successfully delivered. An order will be considered successfully delivered once the buyer leaves a valuation or, failing that, once two days have elapsed from the delivery of the order and there is no claim in this regard. The amount of the transfer will always coincide with that shown on such order and will be equal to the amount of the dishes or menus sold by the Chef and included in that order minus the commission associated with the payment platform Stripe and Cookn'pop.

In order to make payments by transfer, the Chef agrees to have an operational Spanish bank account where he can receive payments from third parties. The account must also be indicated and stored correctly on the Cookn'pop web platform. In the event that the Chef does not have the described account or any data of such account is wrong, Cookn'pop is exempt from any payment obligation to the Chef until the account is correctly entered in Cookn'pop.

17. Invoice

The Chef will be responsible for declaring the corresponding taxes for the use and performance of the services if necessary under current law, exempting Cookn'pop from any liability that may arise in this regard.

Likewise, the Chef will be responsible for issuing the corresponding invoices to the Users for the orders placed, exempting Cookn'pop from any liability that may arise in this regard.

18. Disclaimer

The relationship between the parties is not labor. The Chef in this regard exempts Cookn'pop from any responsibility with regard to the tax and Social Security obligations that may arise in this regard.

In no case will Cookn'pop be responsible for any claim arising from any loss, damage, action, judgment or other procedures that arise between the Chef and User relationship, including dissatisfaction with the service received, the expected quality, the result or appearance of the food prepared and delivered by the Chef.

The Chef states that he meets the legal and sanitary requirements for the performance of such services. Cookn'pop will not be liable for any type of damage or harm arising from the negligence of the lack of veracity of the services offered by the Chefs that are advertised on the web platform.

It is the responsibility of the Chefs to provide the information of the menus and dishes, as well as to ensure that it is accurate, truthful and up to date. Cookn'pop disclaims any responsibility for the veracity and accuracy of such information.

The Chef may agree with the User a place to collect the menus and dishes prepared different from the one established in his profile. Otherwise, the place of collection by defeco will be the one established at the address entered in the Cook's profile.

19. Customer Service for Chefs

If you have any doubt, suggestion, complaint, claim or want to ask any questions about Cookn'pop, contact Cookn'pop Customer Service by any of the following means:

- Through the 'Contact us' section located at the bottom of the page.
- By ordinary mail to the following address: COOKNPOP, 29 Rue Guiglia, 06000 Nice (FRANCE)
- By email: support@cooknpop.com
- By phone: (+33) 987596307 (Monday to Friday from 10am to 6pm UTC+01:00, every working day).

20. Force majeure or unforeseeable circumstances

Cookn'pop will not be liable for the total breach, defective compliance or delay in the fulfillment of any of the obligations under their charge that had their cause in any case of force majeure or fortuitous event. The obligations subject to term that may exist will be suspended in such cases during the entire period during which the situation of force majeure or fortuitous case is prolonged, the calculation being resumed once such circumstance of force majeure or fortuitous event disappears.

21. Liability

Cookn'pop will be responsible for the damages caused to the User that are a consequence of the fraudulent breach of its obligations. Compensation for damages, in case of non-compliance with any obligations assumed by Cookn'pop regarding damages caused by fault or negligence, is limited to the amount of one hundred (100) euros.

The foregoing limitation of liability shall not apply in those cases where it is not permitted by applicable law, such as cases of damages arising from the lack of conformity of the orders or for damages, death or injuries caused to the consumer and User by a Chef's action or omission.

22. Contract Integrity

These General Conditions and any document referred to expressly therein (as particular clauses or specific conditions established for certain products), constitute the entire Agreement, replacing any other agreements or covenants that the parties may have agreed upon in a manner verbal or written prior to the conclusion of the Contract.

23. Applicable legislation

These General Conditions are governed by Spanish law and any dispute between the parties is submitted to the Courts of Madrid.

24. Modification

Cookn'pop may modify these General Conditions at any time. The modifications made will not affect, in any case, the purchases made by the User prior to the approval of such modifications. It is the responsibility of the User to know the General Conditions in force at the time of each purchase.

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