When it comes to accessing, browsing and purchasing products offered in the Honest Greens app or digital platform in the Honest Greens website (hereinafter the “App”), owned by GOURMAND GROUP, S.L. and shared by the HONEST GREENS companies (hereinafter jointly referred to as HONEST GREENS), it is mandatory to read and agree to their “legal texts” (hereinafter the Legal Notice, the Privacy Policy, the Cookie Policy and these Terms and Conditions). If you do not agree with the content of the legal texts, you should cease using the App.

Registration on the App and the subsequent use of it will give on the individual the capacity of “User” and entails full acceptance of the complete provisions set out in the legal texts according to the version published at the time the User accesses the Honest Greens App (used by the HONEST GREENS companies). Furthermore, the User declares that has sufficient legal capacity to enter into this Terms & Conditions personally and/or, where applicable, on behalf of any company or legal entity, having sufficient authority to bind it to these Terms & Conditions. In any event, the HONEST GREENS companies reserve the right to modify these Terms & Conditions at any time, and to apply specific terms and conditions in preference to these, announcing them in the App or on the website (www.honestgreens.com) in proper form and at least 15 days prior notice of its entry in force.

Specifically, the purchase of products and the provision of services from a specific restaurant by means of use of the Honest Greens App shall be deemed as made in the specific restaurant selected by the User (i.e., with the company that owns said restaurant and not with the rest of the HONEST GREENS companies).

 

PURPOSE

The main purpose of the App is to offer and sell products and services from the HONEST GREENS restaurants managed by the HONEST GREENS companies either to eat on the premises (specifically, for pre-ordering products to eat in or to make additional orders from the table without having to get up and stand in line at the general order desk), to order products to take away or for home delivery within the delivery area, including the office delivery services (Outpost services), whereby the User can place an order to be prepared straight away or order for a later time, choosing the preferred time and, additionally to offer another complementary services related to Honest Green’s main purpose such as fidelity program, gift cards, credit and rewards services and store services (hereinafter the “Service”). The purpose of the Service is to provide a simple and comfortable system for the User to place orders according to their needs and preference at every time.

 

DURATION AND AVAILABILITY OF THE SERVICE

The duration of the agreement shall be in effect while the user account in the App is active. Access to the App shall be available 365 days a year.

The services for placing orders will be those always indicated in the App and, in any case, subject to the opening hours of the restaurants. However, some services may be limited, for instance, depending on the geographical area of home delivery orders, applicable schedules to specific services or technical tasks related to the maintenance and availability of the technological services. If the User attempts to place a home delivery order outside the delivery area or outside of the HONEST GREENS restaurant business hours, or if for whatever reason the App is unavailable, these restrictions, limitations, or any circumstantial modification of the conditions applicable to the Services will be notified through notices in the App.

No order will be made without the specific HONEST GREENS restaurant to which the order has been placed having made the order confirmation.

 

USER ACCOUNT

Upon accessing the App for the first time, User agrees to provide true, accurate, current, and complete personal information requested by the registration form (such as name, phone number, email, password and language preference, hereinafter “Personal Data”). Users can also register through their third parties accounts and credentials, such as Google or Apple user accounts, or other third party services that, where available, are implemented in the App as an enabled means of registration. In any case, the User must read and accept the Privacy Policy regarding the processing of personal data and these Terms & Conditions to access the App and use its Services. After completing the registration form, an access code will be sent via SMS for security closing the registration process with a confirmation email. HONEST GREENS will reserve the right to delay enrolment until User membership eligibility us confirmed.

User is responsible for safekeeping the password and for the use of the User account and protect it from unauthorized use, notifying HONEST GREENS where necessary. HONEST GREENS reserves the right to remove or reclaim any username at any time and for any reason. User acknowledges and agrees that all rights in and to the User account are owned by HONEST GREENS and are for the benefit of HONEST GREENS. In addition, the User may change his/her User account Personal Data at any time from the App itself and cancel his/her account at any time from the App or by contacting the HONEST GREENS companies in order to report any incident so that the account may be suspended or deleted.

User shall be solely responsible for all access to and use of the Services by anyone using his/her account, whether or not access to and use of his/her account is authorized by the User.

 

PLACING AN ORDER

The available products available to order are specified in the App at every moment. The User can see a description of the main nutritional features of the products in the App. The User may select the preferred type of Service from the main page in the App, choosing whether to eat in the restaurant or to eat out.

    The order possibilities are the following:

  • Eating in the restaurant
    – Users may place orders directly from the App using their mobile, without waiting or queuing in the order line. Payment is made directly from the App, so User only must wait at the table to be served. Two different possibilities are contemplated:

    • Pre-order:
      • The User can choose his/her preferred products and place an order from the App’s home page using his/her mobile phone, even before User has arrived at the selected HONEST GREENS restaurant. Prior to payment and confirmation, the User should check the details and the order placed. At this stage, it is still possible to make changes to the order and choose the time for which the order should be prepared. Once the order is completed, the User will then proceed to confirm the order and make payment through the App.
      • Once payment has been made, the User will receive a confirmation message with a code and the cost of the purchase, as well as a summary of the order placed.
      • The User can get in contact with the specific HONEST GREENS restaurant using the “SUPPORT” section which will open a chat to enable the User to communicate easily.
      • Once User has arrived at the HONEST GREENS restaurant selected for the order, User just should go to the VIP (red) counter, show the order code (sent in the confirmation message) and pick-up drinks and the table locator, sit down in the table and wait to be served.
    • Order extras to the User table:
      • Moreover, the User can place extra orders by scanning the table locator (QR code) and starting the purchase process again.
        The extra order will be served in a few minutes without necessity to contact to the waiter nor wait in the order line. Just wait to be served.

    Moreover, a section within the App is enabled in order to assess the service Users have been given by staff of the specific HONEST GREENS restaurant. It can be accessed from the App’s home page. This will allow the User to assess the service received and submit comments on each member of the serving and waiting staff at the HONEST GREENS restaurant.

  • Eating in the restaurant
  • Eat out the restaurant
    – User can place orders using the App wherever User wants, either to pick up in the HONEST GREENS restaurant and take away, home delivery or Outpost service for office.

    • Take away: User can place an order from wherever he/she wants, and without wait in the order line to place an order.
      • The User can choose his/her preferred products and place an order from the App’s home page using his/her mobile phone to place an order to take away.
      • Once complete, a summary of the order will be shown along with the relevant prices. At this point the User may change the order, choose the time to receive the Service, as well as the chosen restaurant for the order before confirming the purchase and moving to the payment gateway.
      • Once payment has been made, the User will receive a confirmation message with an order code and the cost of the purchase, as well as a summary of the order placed.
      • Once the order has been finalised, the User can get in touch with the specific HONEST GREENS restaurant using the “SUPPORT” section which will open a chat to enable the User to communicate easily.
      • When the time to pick up the order is up, User just must show the order code sent to the App at the counter and take away order will be delivered.
    • Home delivery:
      • The User can choose his/her preferred products and place an order from the App’s home page using his/her mobile phone, check the details of the order, enter delivery address and select preferred time to receive the order.
      • Once complete, a summary of the order will be shown along with the relevant prices. At this point the User may change the order, choose the time to receive the Service, as well as the chosen restaurant for the order before confirming the purchase and moving to the payment gateway.
      • Once payment has been made, the User will receive a confirmation message with an order code and the cost of the purchase, as well as a summary of the order placed.
      • Once the order has been finalised, the User can get in touch with the specific HONEST GREENS restaurant using the “SUPPORT” section which will open a chat to enable the User to communicate easily. Also, the User may track delivery using the option “TRACK ORDER” which allows the User to contact the assigned delivery person and know at a glance the time and distance remining for delivery.

      User may also purchase other products from the HONEST GREENS store, including food products such as our breads, drinks, or others outside the restaurant menu, as well as merchandising products or any others that are published in the App at any time, following the usual contracting procedure. Despite the efforts to comply with the delivery times detailed in the HONEST GREENS store and, in any case, they will be indicative.

    • Outpost service:
      User has the option to link his/her User account to the company he/she works for, allowing him to place scheduled orders for its workers. The procedure for contracting Outpost service through the App and for the delivery of the order are like that for home delivery service, with the particular conditions that HONEST GREENS and the client of Outpost services agree in each case, such as the times established for placing orders, periodic orders (if applicable) or other conditions that are agreed upon for the personalisation and efficiency of the service.

 

PRICES, ADDITIONAL EXPENSES AND METHOD OF PAYMENT

The prices of the products are detailed in the App for each product and associated Service, including taxes. Nevertheless, the HONEST GREENS companies reserve the right to change the price of their products, as well as surcharges applicable for delivery and packaging expenses, as displayed at all times in the App, and those shown in the App upon confirmation of the order by the User shall apply. Price changes shall not affect existing orders that have been confirmed or are being made at the time of the price change or articles already selected from User basket, unless there has been a clear pricing error. If there is an obvious error in the price, the company that owns the HONEST GREENS restaurant to which the order is made shall notify it as soon as possible and the User will have the option to confirm the order for the correct price or cancel it at no cost with a full refund for any amount already paid, which will be returned to the User in the App as a credit for future purchases at HONEST GREENS restaurants.

HONEST GREENS reserves the right to refuse any order for any reason when an error in price and/or other information about the food, beverage or merchandise ordered; the billing, payment and/or delivery information is insufficient or inaccurate; there is suspicion that an order has been placed using stolen payment card information, it appears to be related to fraud or is related to a prior payment dispute; the product ordered is unavailable due to disruption or otherwise.
The total price of User order will be shown in the payment page of the App, including the specific prices of the products and taxes and, where applicable, any surcharge applicable for delivery service or packaging costs.

Payment for all products and deliveries may be made in the App by ApplePay, or also by credit or debit card using the payment processor Adyen platform. By making an order through this payment methods, User also accepts to be bound by ApplePay’s terms of service or Adyen’s information to payers, depending on the payment method selected. HONEST GREENS reserves the right at any time to change its payment and billing methods.
Once User order has been confirmed, payment shall be made directly to the company responsible for the specific HONEST GREENS restaurant indicated in the Legal Notice.

 

PROMOTIONAL CODES and OFFERS

HONEST GREENS may offer in the App, at its sole discretion, offers, rewards, promotional codes subject to special conditions indicated in the App in each case. Only those promotional codes that are redeemed through the App or another official HONEST GREENS channel enabled for this purpose will be valid. The specific company that owns the HONEST GREENS restaurant may apply particular discounts or offers at its discretion.

    The User accepts that:

  • The promotional codes have to be used in accordance with the law, these Terms & Conditions and, where applicable, the Particular Conditions indicated in the App.
  • Are not refundable for cash or substitutable for other promotions or discounts, unless accepted by HONEST GREENS
  • Unless the Particular Conditions of the offer specify a fixed or minimum period for which it shall be available, it may be withdrawn at any time without liability to HONEST GREENS, unless the User has already placed an order using the offer and has received confirmation of it.
  • Promotional codes, discounts or offers of any kind may not be duplicated, sold or otherwise made available to the public unless expressly permitted in the corresponding Particular Conditions.
  • Unless otherwise stated in the corresponding Particular Conditions, promotional codes will expire 90 days after its issuance.

In the event of conflict between this Terms & Conditions and Particular Conditions applied over specific promotion or offers, Particular Conditions shall prevail.

Some of these offers available in the App consist of:

  • LOYALTY PROGRAM – Consisting of the accumulation of points in the User account for each purchase of products or orders, as indicated in the App at any given time. Accumulated points, generally, may be exchanged for their equivalent credit value in future purchases made by the User. The minimum conditions for exchanging points will be indicated in the App. Depending on the accumulated number of points, different levels of loyalty specified in the App are established. Each level will have different types of rewards and benefits or other promotional credit or forms of compensation provided by HONEST GREENS. The payment of taxes applicable to purchases, tips, discounts, delivery or other surcharges costs, or the exchange of points in previous purchases are excluded from the accumulation of points. HONEST GREENS reserves the right to exclude certain products and services from the Loyalty Program and to limit the number of points exchanged for each single order and may not under any circumstances exceed the price of the order to which the exchange applies, excluding additional costs. Only orders placed through the App Services generate avocadoes, excluding orders placed with third party platforms (e.g. Glovo, Jus Eat, Deliveroo).
    It is necessary to be registered in the App by creating a User account. Participation in the Loyalty Program and accumulated points are non-transferible, limited to one participation per user and registered account in the App. Participation in the Loyalty Program is only available to individuals, excluding companies or legal entities that are linked to User accounts and use the Outpost services of the App. HONEST GREENS reserves the right to cancel any exchange of points or loyalty level goal that is suspected to be related to such Outpost orders.
  • INVITES A FRIEND – Users have a unique and personal code (” Guest Code”) linked to their User account that they can share with third parties (“Guest Friend”) as an invitation to join the HONEST GREENS App. The Guest Friend, by entering the Guest Code at the registration stage will generate points in favor of himself/herself and that of the User who invited him/her to spend on future purchases and orders placed through the App.
  • GIFT CARDS – This function allows User to transfer or give to other users, or any third party (who will have to download and register in the App), a certain amount of credit that the User has in his/her account. The gift card will only be available in the App and, specifically, the User will be able to give the gift card with the credit he decides to give by means of a unique code offered by the App.The remaining credit on the gift card can be consulted at any time through the App. Gift cards do not expire and no inactivity fees or service fees apply to such gift cards. Gift cards cannot be exchanged for the purchase of another gift card or for goods or services previously purchased. Gift cards have no cash value and cannot be refunded for cash, but can be recharged through the App, so that if the resulting credit amount is insufficient to make any purchase, it can be topped up with the amount desired by the User, thus allowing the credit amount to be used up. HONEST GREENS reserves the right to refuse to accept any Gift Card in the event that payment of the Gift Card fails.

    Only gift cards generated by using the App or any other channel specifically enabled by HONEST GREENS for this purpose will be valid. Gift cards will not be replaced or replenished in the event of loss, theft, or damage. If User suspects that someone has copied or stolen his/her gift card, please send an email to … immediately. HONEST GREENS reserves the right to refuse the gift card where it is suspected that the gift card was obtained fraudulently.

 

COMMUNICATIONS

HONEST GREENS may offer communications via calls, SMS text messages or similar technology, subject to the receipt of any consents from User required by applicable law. These communications may be sent or initiated by HONEST GREENS or any of its service providers, such as when we send User text messages to confirm, process and notify User about the status and pickup location of an order User place with HONEST GREENS, provide User with a receipt, or for any customer service, account-related or marketing purpose. To stop receiving messages User may manage his/her consents in the specific section of the App for notifications (under bell symbol), requesting the termination of the notifications service through the mechanisms enabled in each communication, or sending an email with User request, phone number and email address to . . . . The User accepts that HONEST GREENS will send a message to confirm that the request to unsubscribe from the communications has been received and attended to.

User acknowledges and agrees that any telephone calls between User and HONEST GREENS staff may be recorded and/or monitored for quality assurance, security, legal liabilities or other business purposes.

 

RESPONSIBILITY

Processing and delivery of the order shall be carried out by the companies that own the HONEST GREENS restaurants; accordingly, the company that owns the HONEST GREENS restaurant with which the order is placed shall be the contractual party in the purchase and sale, whereby it shall be the sole party responsible for sale, distribution and delivery, issuance of the ticket or bill and, if applicable, collection of payment. Notwithstanding the foregoing, GOURMAND GROUP, S.L. is the company that administers the App and manages the order request process for the HONEST GREENS restaurants, making the App and the service providers behind it available to them.

In order to see a list of the various companies that manage the HONEST GREENS restaurants, please see the Legal Notice; and to consult the list of suppliers of the services provided over the App and the processing of the tickets and billing, please see our Privacy Policy.

The company that owns the HONEST GREENS restaurant selected for the order shall not be responsible for any errors made by the User when filling in the delivery address, the chosen restaurant, or the specific time selected for the order be ready in the purchase process. The delivery time shall be indicative and under no circumstances shall it be mandatory for the Service. This circumstance will be specified when placing the order. The specific company that owns the HONEST GREENS restaurant shall not be liable for any delay caused by reasons beyond its control.

 

LIMITATION OF LIABILITIES

To the fullest extent permitted by applicable law, HONEST GREENS shall not be liable for any loss of profits or revenue or for indirect, incidental, special or consequential damages, or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not HONEST GREENS has been advised of the possibility of such damages.

HONEST GREENS assumes no responsibility for the deletion, mis-delivery, or failure to store any content, or User communications produced by the misuse or misconfiguration of personalization by the User.

 

RESTRICTIONS ON USER CONDUCT

User agrees not to use the Services for any purpose prohibited by this Agreement or by applicable law. User shall not (and shall not permit any third-party to) take any action or make available any content on or through the Services that: (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, or offensive; (ii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iii) involves commercial activities and/or sales without HONEST GREENS’ prior written consent, such as contests, sweepstakes, or barter; or (v) impersonates any person or entity, including any employee or representative of HONEST GREENS.

 

RIGHT TO WITHDRAWAL AND LEGAL GUARANTEE

The specific company that owns the HONEST GREENS restaurant informs the User that there is no obligation to issue consumers with a withdrawal document in order to revoke the ordering of the Service via the App. This is because the Service involves a manufactured goods supply agreement in accordance with clearly customised or consumer specifications or goods which cannot be returned due to their nature or indeed which may quickly expire or deteriorate, in accordance with in accordance with paragraphs c), d) and l) of Article 103 of the Spanish General Law for the Defense of Consumers and Users.

Nonetheless, if the Service received is not in accordance with the characteristics ordered by the User based on the description of the products in the App, or if the quality falls short of expectations, the User may notify HONEST GREENS restaurant of this circumstance via the App or using the contact details specified in the Legal Notice.

In cases where, at the discretion of HONEST GREENS, the return of products or orders proceeds, returns for any reason will be made as a credit to purchase using the App.

 

LINKS TO THIRD PARTIES

The App may contain links to third-party services, websites, applications, ads, or similar contents. When User click on such links and leave the App, HONEST GREENS does not control and is not responsible for third-parties’ contents. HONEST GREENS does not review, approve, or monitor them, or any content, products or services accessible through such links. User’s use of all Third-Party Links is at his/her own risk.

 

INDEMNIFICATION

User agrees to indemnify and hold HONEST GREENS, its subsidiaries, officers, employees, contractors, agents, business partners, and licensors (collectively, the “HONEST GREENS’ Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) User Content; (b) User misuse of the Services; (c) User violation of this Agreement; (d) User violation of any rights of another party, including any Users; or (e) User violation of any applicable laws, rules or regulations. HONEST GREENS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will fully cooperate with HONEST GREENS in asserting any available defenses. User agrees that the provisions in this section will survive any termination of this Terms & Conditions or User access to Services.

 

CLAIMS

The User may submit a claim using the email address …. .
Notwithstanding the foregoing, the European Commission offers a platform that is freely accessible for the extrajudicial resolution of disputes in online purchases ( ec.europa.eu/consumers/odr ) to which the parties may voluntarily submit by means of the intervention of the Dispute Resolution Body, as it is called, which acts as an impartial intermediary between both parties.

 

APPLICABLE LEGISLATION AND JURISDICTION

Since the HONEST GREENS App and the products and services included therein are intended to be used by and offered exclusively within the cities of Barcelona and Madrid (Spain), to the greatest extent admissible by mandatory regulations, the legislation applicable shall be Spanish common law. The law courts having jurisdiction shall be the respective courts pertaining to the relevant restaurant in Barcelona or Madrid with which the Users have placed their orders. The foregoing shall be notwithstanding any extrajudicial procedures to which the parties voluntarily submit pursuant to mandatory regulations and the provisions of the above section on CLAIMS.

 

FOR FURTHER INFORMATION

Aside from the provisions set out in these Terms and Conditions, User should also read the Legal Notice, the Privacy Policy and the Cookie Policy. Please note that all those texts are binding, i.e., part of the purchase of our products and services.

 

CHANGES TO THESE TERMS AND CONDITIONS AND/OR LINKED TEXTS

When the legal texts (i.e., these Terms and Conditions, the Legal Notice, the Privacy Policy and the Cookie Policy) are modified, the App shall issue the User with a notification for the changes to be accepted, whereupon the new text shall be applicable.

Last updated: January 18th, 2021.