When it comes to accessing, browsing and purchasing products offered in the Honest Greens app (hereinafter the “App”), owned by GOURMAND GROUP, S.L. and shared by the HONEST GREENS companies, it is mandatory to read and agree to their “legal texts” (hereinafter the Legal Notice, the Privacy Policy, the Cookie Policy, the FAQs and these Terms and Conditions). Please note that in the FAQs we answer many queries and questions that are binding, i.e., that are part of the purchase of our products and services, along with the remaining legal texts. 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 bestow 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). In any event, the HONEST GREENS companies reserve the right to modify these Terms and 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 in a timely fashion.

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 (i.e., with the company that owns said restaurant and not with the rest of the HONEST GREENS companies).

 

PURPOSE AND DURATION

The purpose of the App is to offer and sell products 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 without the need to queue at the general order counter), to order products to take out or for home delivery within the delivery area, whereby the User can place an order to be prepared straight away or order for a later time, choosing the preferred time (hereinafter the “Service”). The purpose of the Service is to provide a simple convenient system for the User to place orders.

The duration of the agreement shall be tied to the time for which the Service is provided. The agreement for the provision of any of the Services the User has ordered comes into effect upon confirmation of the purchase being received.

 

USER ACCOUNT

Upon accessing the App for the first time, permission is required in order to access the User’s location, which is necessary for the functionality of the App. In order to register as a User you can access from a Google or Facebook account, or by entering your details –choosing your preferred language (English or Spanish) and setting up a log-in password– in accordance with the texts, which must be accepted in order to complete the registration process. Once the registration screen is complete, a verification code will be sent via SMS to the registered telephone number to confirm the User’s identity.

The User may change the data in the account at any time from the App itself (including the password, which should not be shared with anyone and should be kept secret at all times) or using any other means allowing for access to the App. If another individual uses this method in order to access the User’s account the latter party shall be liable for paying for any product requested and the HONEST GREENS companies shall not be held liable for any other losses caused by said access.

In addition, the User may close his 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. The HONEST GREENS companies may unilaterally close the account whenever the User engages in any instance of abuse.

 

AVAILABILITY OF THE SERVICE

Access to the App shall be available 365 days a year.

Nevertheless, in order to provide the Service, business hours for the Honest Greens restaurants shall be from 8.30 am to 12.00 am Monday to Friday and from 9.30 am to 12.00 am on weekends. Moreover, breakfasts shall not be served after 11.30 am on Monday to Friday and after 12.30 pm on weekends.

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, the specific company operating the Honest Greens restaurant with which the User wishes to place the order will notify the User that the order cannot be placed before confirmation is given. The User shall be duly notified of these restrictions or limitations in each specific case.

 

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 and the suppliers of the services provided over the App, please see our Legal Notice and our Privacy Policy.

 

PLACING AN ORDER

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

Eating in the restaurant
– Before placing your order you should go to the VIP (red) counter in order to collect your drinks and the table marker.
– The User is able to choose the preferred products until the order is complete. 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 everything is in order, the User will then proceed to confirm the order and make payment.
– Once card payment has been made, the User will receive a confirmation message with a confirmation code and the cost of the purchase, as well as a summary of the order placed.
– 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.
– Moreover, the User can place extra orders by scanning the table marker and starting the purchase process again.

Take away
– To place an order to take away or for home delivery, the preferred products can be chosen until the order is complete.
– 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 “take-away” service) or specific delivery address (for “home delivery” service) for the order before confirming the purchase and moving to the payment gateway.
– Once card payment has been made, the User will receive a confirmation message with a confirmation 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, if applicable, the User may track delivery using the option “TRACK ORDER” which allows the User to contact the assigned delivery person.

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.

 

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. No change shall affect existing orders that have been confirmed unless there has been a clear pricing error. Changes to prices shall also not affect orders currently being placed or items in your basket. If there is an obvious error in the price, the company that owns the Honest Greens restaurant shall notify you as soon as possible and the User shall be granted the option to confirm the order for the original price or cancel it at no cost with a full refund for any amount already paid.

For take-away orders placed by the User, as an additional expense a surcharge of €0.75 shall apply for packaging costs; and a charge of €5.15 for delivery costs shall apply in the case of home delivery orders, to which a surcharge for packaging shall also apply.

The total price of your order will be shown in the payment page of the App, including the prices of the products and delivery and the service charge and taxes.

Payment for all products and deliveries may be made in the App by credit or debit card. Once your order has been confirmed, your credit or debit card shall be authorised and the total amount shall be pending for payment. Payment shall be made directly to the company responsible for the specific Honest Greens restaurant indicated in the Legal Notice.

The specific company that owns the Honest Greens restaurant may apply discounts or offers at its discretion. Unless the terms of the offer specify a fixed or minimum period for which it shall be available, it may be withdrawn at any time, unless the User has already placed an order using the offer and has received confirmation of it.

 

DELIVERY OF THE ORDER

When an order is placed with the company that owns the relevant Honest Greens restaurant, the User will have the option to place the order for delivery straight away or at a specific time, or indeed to eat in the restaurant, go and pick up the order from the chosen Honest Greens restaurant or request a home delivery to the address designated by the User upon placing the order. The company that owns the Honest Greens restaurant shall not be responsible for any errors made by the User when filling in the delivery address, the chosen restaurant or the specific time 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 held responsible for any delay caused by reasons beyond its control.

 

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.

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 the company that owns the Honest Greens restaurant of this circumstance via the App or using the contact details specified in the Legal Notice.

 

RECLAMACIONES

The User may submit a claim using the email address hello@honestgreens.com

Notwithstanding the foregoing, the European Commission offers a platform that is freely accessible for the extrajudicial resolution of disputes in online purchases (http://ec.europa.eu/consumers/odr/) o 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.
• Claim form link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
• Link to the online dispute resolution body search tool: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2

 

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, you should also read our FAQs, 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, the Cookie Policy and/or the FAQs) 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: 3 July 2019