Last update: August 9th, 2019

1.- Ownership

This site is owned and operated by Pegasus Hospitality Corp (hereinafter, Dando la Brasa), with its registered office at 1836 SW 3rd Ave, Miami, FL 33129, Estados Unidos, and tax identification number 85-3629466.

Email: info@dandolabrasa.us

2.- Acceptance

This website and the provided service (hereinafter the “Service”) are available to any user and are subject to the following terms and conditions: these Terms of Use and Contracting, our Privacy Policy, and our Cookie Policy.

When you use the Service, you accept our terms and conditions. By doing so, you commit to not using this site for illegal purposes.

On the other hand, we inform you that for legal reasons, we archive the electronic documents that formalize subscriptions to our paid services. You can access these documents at any time by requesting them at: info@dandolabrasa.us

3.- Description and Use of the Service

3.1.- Provision

Through the Service, you can ____________________

(provide a description of the service in question)

3.2.- Usage

Users commit to using the Service in accordance with the current legislation and the platform’s terms and conditions.

Likewise, users commit not to gather data for advertising purposes, send any kind of advertising, or engage in sales-related or other commercial communications. Users also shall not provide third parties with any data collected through the Service for any purpose.

In case of failing to meet these obligations, users will be held accountable towards the affected parties. Similarly, if they cause damage, disable, overload, deteriorate, or hinder the normal use of materials and information contained in the Service, information systems, or documents, files, and any type of content stored on any computer equipment of the Service, its members, or any user of the Service.

4.- External Links

The Service may direct you to other websites through links.

However, Dando la Brasa has no control over those sites or their content, which are subject to their own terms and conditions. Therefore, Dando la Brasa is not responsible for the quality, truth, or accuracy of the information contained in those sites.

5.- Age

Regarding registration on our Service or the purchase of any of our products or services, you declare that you are of legal age and have the necessary legal capacity to enter into this agreement and use the site in accordance with its terms and conditions, which you fully understand and acknowledge.

If you contract the Service on behalf of a company, you acknowledge having the proper authorization and representation on behalf of the organization to do so.

You declare that all the information you provide to access the Service, before and during its use, is true, complete, and accurate.

6.- Intellectual and Industrial Property

The content and information of the Service (including, among other things, text, sound, or images), as well as the hardware or software elements used to provide such content and information, are owned by Dando la Brasa or have obtained the necessary authorizations for their use.

Furthermore, the modification, reproduction, duplication, copying, distribution, sale, resale, and other forms of commercial or equivalent exploitation of the Service are prohibited.

For any other use of the content from the Service, you need our prior written consent.

7.- User Content

You can contribute to the Service by sending us messages to our email address, using the contact form, or sending messages through the platform’s messaging system (hereinafter referred to as “Content”).

We can use your Content in various ways, such as displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, promoting it, or distributing it.

Therefore, by submitting Content, you grant Dando la Brasa a worldwide, non-exclusive, royalty-free, revocable, transferable, and sublicensable license to use that Content until it is removed.

That means the content still belongs to you, but Dando la Brasa, thanks to that usage license, it can:

a) use, reproduce, modify, adapt, translate, distribute, and publish the Content, create derivative works from it, display and exhibit it worldwide, through any known medium and for any legitimate purpose; and b) use the name you provide in connection with that Content.

However, Dando la Brasa reserve the right not to publish content or information that is false or contrary to the rights of third parties.

8.- Price and Taxes

The prices of the products offered on the Service are indicated in euros (€) and include the applicable Value Added Tax (VAT) for these services in Spain.

In the event that the customer’s place of residence or domicile is another European Union member state or a third country, the reservation price may be subject to modifications if the applicable tax rate is different.

9.- Payment and Payment Methods

To purchase our products, it is essential to pay the full amount in advance.

The payment for the contracted Service can be made through:

• By credit or debit card (VISA or MasterCard), with the amount being charged at the time of purchasing the products.

(Add here other payment methods.)

In this regard, Dando la Brasa notify credit and debit cardholders that you are responsible for transactions on the online store. These transactions are conducted on a secure page, using SSL technology to ensure data transmission security.

10.- Validity of Offers

The products offered on the Service, as well as their prices, will be available for purchase as long as they are in the catalog displayed through the website.

In any case, Dando la Brasa reserve the right to make any modifications to the Service that we deem appropriate, including updating Service features according to market trends.

The prices displayed on the website are indicative. Dando la Brasa reserve the right to change prices without prior notice.

We inform you that despite the updates made to the Service prices, they might contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.

11.- Exclusion of Warranties and Liability

Except in cases expressly described in these terms and conditions and to the extent permitted by law, Dando la Brasa are not responsible for damages and losses of any kind that may arise from the lack of accuracy, completeness, or timeliness, including errors and omissions, in the information contained in the Service. Similarly, we are not responsible for any duty or commitment to verify or monitor its contents and information.

Likewise, Dando la Brasado not guarantee the availability and continuity of the Services’ operation. Dando la Brasa
will endeavor to provide sufficient advance notice of any interruptions that may occur in the operation of the Service whenever possible.

Dando la Brasa exclude, to the fullest extent permitted by law, any liability for damages and losses of any nature that may arise from the lack of availability or continuity of the Service’s operation. Similarly, this exclusion applies to the frustration of the usefulness that users may have attributed to the Service.

Likewise, Dando la Brasa it excludes any liability for damages and losses of any nature that may arise from the use of the Service and its content by users, clients, or professionals, or that may be due to the lack of truth, validity, or authenticity of the information that users provide to others about themselves. In particular, Dando la Brasa it excludes any liability for damages and losses of any nature that may arise from the impersonation of a third party’s identity carried out by a user in any kind of communication conducted through the Service.

12.- Right of Withdrawal, Returns, and Refunds

12.1.- Right of Withdrawal

All our products are tailored to the user’s specifications or clearly personalized, therefore the right of withdrawal will not be applicable to them according to the Article 103, letter c) of the
Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

(You should choose this paragraph if the products are handmade, made to specific customer specifications, or personalized).

As a user, you have the right of withdrawal within a period of 14 days, starting from the moment you receive the requested product, in accordance with the applicable regulations. To exercise this right, you must complete and send us the withdrawal form included in the Annex via email to: info@dandolabrasa.us.

(Use this clause and NO the previous one when the products are not personalized or services that have already begun to be provided).

12.2.- Returns, Exchanges, and Refunds

If the product you receive arrives damaged or in poor condition, Dando la Brasa allows you to exchange it for a new one within a period of thirty (30) calendar days from the date of receipt, at no additional cost.

The return of purchased items must be carefully packaged and include the delivery receipt. To initiate the return process, please contact us at info@dandolabrasa.us.

If the return cannot be made through regular postal mail, once the request has been confirmed, the carrier will get in touch with you to arrange the day and time of the pickup, without any additional charges.

On the other hand, if you receive a product different from what you ordered due to an error, please inform us at info@dandolabrasa.usand the correct product will be delivered to you, while the first one is collected, at no additional cost to you.

13.- Modifications and Nullity

We may update the terms and conditions of the Service in the future, as well as the features and functions of the Service itself. However, this will not negatively impact the quality of any specific service that we have expressly agreed to provide.

We will inform you about changes to the terms and conditions by placing a notice in a prominent place on our website and/or by email.

If any clause included in our terms and conditions is declared, in whole or in part, null or ineffective, it will only affect that provision or the part of it that is null or ineffective. The rest of the terms and conditions will remain in effect, considering such provision or the affected part as null and void.

14.- Claims and Actions Arising from the Contract

This Service is governed by Spanish law.

In order to simplify the resolution of claims through civil proceedings and reduce costs, we do not exclude the possibility of submitting to an Equity Arbitration of the Court of Arbitration of the Chambers of Commerce and Industry.

In this regard, and according to the applicable regulations, Dando la Brasa inform about the existence of a European Online Dispute Resolution platform that facilitates the out-of-court resolution of such disputes for contracts also concluded online between consumers and internet service providers. You can access this platform through the following website: http://ec.europa.eu/odr

If a company contracts the Service, in case of disputes, the parties submit to the jurisdiction of the courts in####_COURT_CITY_#### and to Spanish law.

15.- Contact

If you have any questions about these terms and conditions, please contact us at:

E-mail: info@dandolabrasa.us

Address:1836 SW 3rd Ave, Miami, FL 33129, Estados Unidos

 

ANEXO – Withdrawal Form Model

_____________________ (Store or Seller Name)
_____________________ (NIF)
_____________________ (Address)
_____________________ Email:

Through the following document, I hereby inform you that I am withdrawing from the contract of sale of the following goods/service: _____________________________ signed with you on the day ___ of _______________ of ____________.

Customer’s personal data (to be filled in uppercase)

Full Name _____________________________________________________

Address _______________________________________ Nº __ Apartment/Unit____ Pta. ____

Postal Code __________________
City/Town _____________________
Province/State ______________________
Phone Number ______________________
Email Address ______________

This document will only be effective for a period of fourteen (14) calendar days from the receipt of the product or from the contracting of services.

Date __________________________

Signature:

 

When you send us the withdrawal document, you agree that we collect and process your personal data as established in our Privacy Policy. We collect the data for the purpose of addressing your request as a customer, with the legal basis being the contract. In any case, you can exercise your rights of access, rectification, erasure, limitation of processing, objection, and data portability at any time through postal or email communication, as indicated in our Privacy Policy.