By placing an order on our website, whose URL is https://www.smileat.com (hereinafter, the “Website”), you enter into a contract with Smileat S.L. (‘‘SMILEAT’’). Therefore, it is essential that you read the conditions presented in this document (the ‘‘Conditions’’ or the ‘‘Terms of Use’’), which apply to the purchase of products offered on the Website and to your use while browsing it. 

SMILEAT has the following authorizations granted by the General Directorate of Public Health of the Health Department of the Community of Madrid, which issues Health Registration number 26.016630/M, authorizing us to distribute prepared meals, cereal-based foods, and infant nutrition for babies and young children.

Identification:

Owner: Smileat, S.L.
Trade name: SMILEAT
Registered office: Calle Gran Vía 62, 5ª Derecha. SMILEAT. 28013, Madrid
Registration details: Volume 32,758, page 124, sheet M-589638, entry 1
Tax ID: B-87144622
Email: info@smileat.com
Phone: +34 692 058 770
Address for notifications: Calle Gran Vía 62, 5ª Derecha. 28013, Madrid

1. ACCEPTANCE OF THE WEBSITE TERMS OF USE

These Terms regulate the use of the Website and are complemented by the privacy and cookie policies and the general terms of use, all published on the Website.

By using the Website, you declare that you have read and accept these Terms of Use, as well as our privacy and cookie policies, when applicable.

SMILEAT reserves the right to modify the terms of the Terms of Use and the products and services included on the Website. In such case, SMILEAT will provide sufficient prior notice of any changes to the Terms of Use and will publish the new version, automatically replacing the previous ones. Subsequent use of the Website and acceptance of the Terms will imply unequivocal acceptance of the changes made to the Terms of Use.

If the Terms of Use or any changes to them are not accepted, the customer is free not to formalize the contract with SMILEAT, therefore not using the services offered through the Website.

 

2. ACQUISITION OF USER STATUS

By using the Website and browsing its content and services, you become a user of the Website, which means you fully accept all the Terms of Use of the version published by SMILEAT at the time you access it.

Access to the public content and services of the Website will be free of charge and will not require registration on your part. However, if you want to access content and services and/or forms that require data registration, you will do so by previously accepting our privacy policy, as indicated later.

To use and provide data through the Website, you must be of legal age and have full legal capacity, providing the data that SMILEAT will request through the registration form, which will be used by SMILEAT in compliance with current data protection regulations.

When completing the contact forms on the Website, all information you provide must be truthful, accurate, and complete, guaranteeing the authenticity of all the data you have communicated. Likewise, it will be your responsibility to keep all information provided to SMILEAT permanently updated so that it always reflects your real situation. In any case, you, as a user, will be solely responsible for any false or inaccurate statements you make and for any damages of any kind caused to SMILEAT or third parties by the information you provide.

 

3. TERMS AND CONDITIONS FOR PRODUCT PURCHASES

You can only buy and, therefore, create a contract with SMILEAT through the procedure described below.

 

3.1. Contracting procedure.

The purchase of products offered by SMILEAT will be made through the Website, where the product and the price per unit for each of them will be described.

Once you have chosen the product or products, you must add them to the shopping cart indicating the quantity you wish to purchase.

Once the selected products have been added to the cart, you can access the purchase summary, which you must accept by clicking the "buy" button where the total price of each purchased product and the shipping costs will be indicated.

If you have a valid and current promotional code, it must be entered at that time to benefit from the conditions resulting from its application. Only one promotional code can be used per order.

If the order is correct, you will need to click the "Complete Purchase" button and then provide your details.

       • If you are a registered user, you must provide your username and the password assigned to it.

       • If you are a user not previously registered, you must create an account on the Website. By entering your data, you must give your informed, express, free, and unequivocal consent for the personal data you provide to be processed by SMILEAT and necessarily accept our privacy and cookie policy which regulates the obligations and rights of the parties regarding such processing.

Once you have entered your data, you will access "Order Information," where you can review the order details and shipping costs. Then, you will access "Payment Information," where you must accept the terms and conditions of purchase and proceed to pay for the order according to the option you choose.

Once the purchase is completed, we will proceed to analyze the purchase order to determine if it meets all the requirements for processing.

Once the verification is done, we will inform you whether we confirm the order and its shipment or deny it for not meeting the requirements demanded by SMILEAT, who may refuse to process orders that do not present sufficient solvency guarantees, are incomplete or incorrect, or if SMILEAT products are unavailable.

We will confirm the acceptance of the order through our communication channels to the contact details provided during the purchase process and inform you that the order will be shipped (shipping confirmation) within a maximum of 3 business days from acceptance.

After the order is accepted, a document will be generated formalizing your contract with SMILEAT (the "Contract").

3.2. Withdrawal and returns.

3.2.1. Withdrawal:

If you act as a consumer and user when placing an order on the Website, you will have 14 calendar days to withdraw fully or partially from the Contract and return your order without the need for justification, provided that the nature of the purchased good allows it. In this regard, exercising the right of withdrawal will imply the obligation to return the product in the same condition in which it was purchased, that is, with its original packaging and label.

In case of total withdrawal by you, SMILEAT will refund the full payment received, including shipping costs.

If you placed an order with more than one item and wish to return only part of it, we will refund the partial amount corresponding to the product to be returned, but the shipping costs will not be refunded as these are fixed and charged per order, regardless of the number of items purchased.

SMILEAT shipping costs are as follows:

  • Spanish Peninsula / Portugal:

                 Order under €30: €5.95

                 Order over €30: FREE

  • Balearic Islands:

                 Order under €30: €9.95

                 Order over €30: €5.95

  • Canary Islands, Ceuta and Melilla / Azores and Madeira:

                 We do not ship to

In this regard, if you placed an order over €30, thus obtaining free shipping, and later wish to return an item from that order, we will deduct €5.95 for shipping costs from the amount since the order total will be less than €30, and free shipping will no longer apply.

3.2.2. Consequences of withdrawal:

If you wish to exercise your right of withdrawal, we want to make the process easier for you and offer two methods to carry it out:

 1. Pickup by SMILEAT: We will send a courier to the delivery address to pick up the order. This service has a cost of €5.95, which will be deducted from the refund amount.

 2. Shipping to our warehouse:

   SMILEAT S.L.

   c/ Gran Vía 62, 5º Right.

   28013 Madrid

In this last case, SMILEAT will not apply any service charge, but the risk of loss or damage to any of the products will be borne by the customer. It is important to note that to make the return using this method, you must inform SMILEAT in advance through our help center.

Once the return order has been received and the products verified, we will proceed to refund the total order amount within the next 14 calendar days (two weeks). If the first shipping method was chosen, the return shipping cost of €5.95 will be deducted. This refund will be made using the same payment method used in the initial transaction.

3.3. Incorrect orders or defective products.

Did you receive the wrong or defective order? We are very sorry! Please contact us at the following email info@smileat.com within a maximum of 72 hours, telling us what happened and attaching photos showing the breakage or defect of the product. Please note that photos help us improve our quality system, so we appreciate any graphic material you can send us.

At this point, we will review this information and contact you to process the return if applicable. This return will be made as soon as possible and in any case within 30 days following the date of notification of the issue. We will refund the amount corresponding to the items and shipping costs using the same payment method.

3.4. Change of delivery address for the order.

If after placing an order you need to change the delivery address, you will have a maximum period of 2 hours to do so free of charge; otherwise, as a customer, you will bear the costs corresponding to the change of the delivery address. We will inform you of the delivery costs and manage the collection of these costs in the manner agreed with you.

3.5. Transfer of ownership.

As a customer, you acquire ownership of the products at the moment the Contract is generated. Responsibility for the products will be yours at the time the order is delivered.

3.6. Shipping and deliveries.

Product shipments will be made through the courier companies with which SMILEAT has agreements. Your order will be delivered within a maximum period of three (3) business days from order confirmation.

Shipping costs will be specified and must be accepted before completing the purchase according to the procedure established by SMILEAT in the Terms.

Orders will be sent to the delivery address you provide for this purpose in your registration form. In this regard, SMILEAT will not be responsible if the delivery address is incorrect or incomplete.

If the indicated period has passed without you receiving your order, you must inform SMILEAT of this circumstance through our Help Center.

If we are unable to make the delivery, we will contact you to arrange a new delivery date. If at that time you wish to modify the initially selected address and/or delivery method, the costs of such modifications will be borne by you.

When your order is delivered, check that everything is correct. If there is any discrepancy or problem with the order, you must contact SMILEAT within a maximum of 72 hours through our Help Center leaving us your personal data and order number reflecting the discrepancy or problem, and we will contact you shortly to resolve the issue.

3.7. Product availability.

The products offered by SMILEAT on its website are subject to stock limits and availability. If any product is not available once the order has been placed, we will inform you as soon as possible. At that time, you may modify or cancel your order.

The price of the products will be the one stipulated at any given time on our website.

SMILEAT reserves the right to modify the products offered on the website at any time without prior notice. Such modifications will not affect, under any circumstances, orders for which we have already sent you the shipping confirmation; these will be processed respecting the conditions in effect at the time the order was placed.

3.8. Prices and payment method.

The prices on our website are shown in euros.

According to current legislation, all purchases made through our website will be subject to Value Added Tax (VAT) or any other indirect tax. Shipping costs will be added in the purchase summary before payment is made. The price of the products will be the one stipulated at any given time on our website. SMILEAT reserves the right to modify the prices shown on the website without prior notice. Such modifications will not affect, under any circumstances, orders for which we have already sent you the shipping confirmation; these will be processed respecting the conditions in effect at the time the order was placed. SMILEAT accepts payments by credit or debit card, Paypal, Bizum, Apple Pay, and Google Pay.

To protect payment security via credit or debit card, we use secure payment systems. Confidential payment data is transmitted directly and encrypted (SSL) to the financial institution. When making a payment through a secure payment gateway, the system will automatically verify that the credit card is activated for Secure E-Commerce. Then it will connect with the issuing bank, which will authorize the transaction.

The refund will be made using the same payment method.

As a customer, you allow us to send the invoice in electronic format, although you have the full right to prefer to receive it on paper, in which case you can click the button enabled for this purpose at the time of purchase.

4. PRIVACY AND DATA

To access the services, content, and/or forms included on the Website that require the registration of your identifying data, you must read and freely accept our privacy policy before providing your data; by accepting this privacy policy, you give your informed, express, free, and unequivocal consent for the data you provide to SMILEAT to be processed in accordance with the applicable current regulations.

5. COOKIES

SMILEAT may use cookies during the provision of services and content on the Website. All information about SMILEAT's use of cookies is collected and detailed in our Cookie Policy.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

SMILEAT owns and/or licenses all the information contained on the Website, including its graphic design, images, software, databases, indexes, source codes, trademarks, industrial designs, logos, service names, and any other signs susceptible to industrial and/or commercial use, all protected under the Intellectual Property Law, Trademark Law, and any other applicable laws. Making them available and their use does not, under any circumstances, imply the transfer of any exploitation rights over them or the granting of a usage right to you or third parties who might access the Website's content illegitimately. Therefore, any reproduction, copying, distribution, total or partial commercialization, public communication, and transformation requires prior written authorization from SMILEAT.

It is prohibited to remove, manipulate, or in any way alter the "copyright" and other identifying data reserving rights of SMILEAT or its holders.

SMILEAT only assumes responsibility for content owned by it, which will be identified with the ©copyright symbol. Without prejudice to the above, SMILEAT assumes no responsibility for misuse of the Web content, which is the sole responsibility of the person accessing or using it.

We also assume no responsibility for the information contained on third-party websites accessible via links or search engines from the Web, nor for content originating from sources external to SMILEAT if included on the Web, as they may be outdated or inaccurate. If SMILEAT becomes aware of this, it will do everything reasonably possible to update or correct such content.

7. HYPERLINKS

No link may be established to the SMILEAT Web from any other website without the prior and express consent of SMILEAT. However, if such hyperlinks exist from other websites or portals, this shall not imply the existence of agreements, recommendations, promotion, or identification of SMILEAT with the linked content or services, unless expressly stated.

8. USE OF THE WEB AND LIABILITY.

Without prejudice to the above, SMILEAT does not exclude its liability for the products supplied by it and includes all food information required by current regulations. However, the suitability of the products you purchase, especially regarding health data, ingredients, etc., must be confirmed before consumption.

In general, the client agrees to comply with these Terms of Use and, where applicable, with the special warnings or usage instructions contained on the Web, and to always act in accordance with the Law, good customs, and the requirements of good faith, exercising due diligence appropriate to the nature of the service they enjoy, refraining from using the Web in any way that may prevent, damage, or impair its normal operation, the assets or rights of SMILEAT, its suppliers, partners, other users, and generally any third party.

SMILEAT provides access to various types of information on the Web, with the client assuming responsibility for its use. The client agrees to make proper use of the content and services (such as blog services, discussion forums, or newsgroups) that SMILEAT offers through the Web and, by way of example but not limitation, not to use them for:

  1. Engaging in illicit, illegal activities or those contrary to good faith and public order.

  2. Spreading content or propaganda of a racist, xenophobic, illegal pornographic nature, advocating terrorism, or violating human rights.

  3. Causing damage to the physical and logical systems of SMILEAT, its providers, or third parties, introducing or spreading computer viruses or any other physical or logical systems that may cause the aforementioned damage.

  4. Attempting to access and, if applicable, use other users' email accounts and modify or manipulate their messages.

SMILEAT reserves the right to remove from the Web any comments and contributions that violate respect for human dignity, are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, public order or safety, or that, in its judgment, are not suitable for publication. In any case, SMILEAT will not be responsible for opinions expressed by users through forums, chats, or other participation tools.

SMILEAT declines all responsibility arising from the exchange of information between users through the Web.

The services offered on the Web will be provided free of charge and only entail your obligation to comply with these Terms of Use. Therefore, SMILEAT has no obligation regarding these services to meet specific levels of Web availability or to adopt specific security measures other than those previously mentioned. Similarly, SMILEAT may suspend, withdraw, or cancel partially or entirely the services not subject to contract at any time and without prior notice.

The internet connection required to access the Web is in no case provided by SMILEAT and is your responsibility. Likewise, it is your responsibility to take all appropriate technical measures to reasonably control these risks and prevent damage to your equipment, data loss, and theft of confidential information. To this end, you must have updated malware detection systems, such as antivirus, trojans, etc., as well as keep the security patches of the browsers you use up to date. For more information, you can contact your internet service provider who can provide you with further details.

SMILEAT is not responsible and excludes its liability, to the fullest extent permitted by law, for damages that may arise from, by way of example and not limitation, (i) interferences, omissions, interruptions, computer viruses, failures and/or disconnections in the operational functioning of this electronic system or in the users' devices and computer equipment caused by reasons beyond SMILEAT's control, which prevent or delay the provision of services and content or navigation on the Website; (ii) delays or blockages in the use of the Website caused by deficiencies or overloads of the internet or other electronic systems; (iii) actions of third parties through unlawful intrusions beyond the Website's control and not attributable to it.

9. DURATION AND TERMINATION

The provision of the Website services is, in principle, of indefinite duration. However, SMILEAT may terminate the provision of services, cancel, or unsubscribe you if you breach any condition and/or obligation included in these Terms of Use.

SMILEAT, however, is authorized to terminate or suspend the Website service at any time. In any case, SMILEAT will fulfill the delivery of confirmed orders.

Whenever reasonably possible, SMILEAT will notify, as far in advance as possible, the termination or suspension of the Website service.

10. ASSIGNMENT

You may not assign the Contract (in whole or in part) without the prior written consent of SMILEAT. However, SMILEAT may assign all or part of this Contract to any entity that may take over the provision of the services included on the Website in the future.

11. COMPLAINT FORM

At SMILEAT, we have official complaint forms from the CAM available to our customers

12. APPLICABLE LAW AND JURISDICTION

These Terms are governed by and interpreted in accordance with the current Spanish legislation. For any dispute that may arise, the User agrees to submit to the jurisdiction of the courts of Madrid city, unless the application of the law results in another competent jurisdiction. Notwithstanding the above, the parties will do everything reasonably necessary to resolve conflicts amicably. Specifically, the User may use the online dispute resolution system for consumer matters in accordance with Article 14.1 of Regulation (EU) 524/2013. In this regard, the European Commission provides an online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/.