Terms and conditions of use
Accessing, browsing and using the website https://elpibe.es/ (the «Website») or the ELPIBE mobile application (the «App»), as well as any associated service, including the Club Pibelovers loyalty programme and, where applicable, any online shop that may be enabled on the Website (the «Services»), implies full and unconditional acceptance of these Terms and Conditions. If you do not agree with any of these conditions, you must refrain from using the App or the Website.
Identification of the owner
The App and the Website are owned by Distribuciones Alimentarias El Pibe, S.L., with registered office at Avenida Can Salvatella, nº 22-24, nave, 08210 Barberà del Vallès, Barcelona, Spain, Tax ID (N.I.F.) B-63.455.224, registered in the Barcelona Commercial Registry, Volume 36.969, Folio 184, Sheet B-93530 (hereinafter, «El Pibe»).
Scope of these Terms and Conditions
These Terms and Conditions govern the use of the App, the Website and participation in the Club Pibelovers loyalty programme, as well as orders and, when enabled, purchases made through these channels. Users acknowledge that using the App and the Website constitutes a binding agreement and expressly agree to comply with all the obligations set out herein.
User requirements
Access and contracting requirements
The Service is intended exclusively for people over 14 years of age resident in Spain who have the legal capacity to enter into contracts under current legislation. To access certain features of the App, including placing online orders and taking part in the Club Pibelovers, users must register by providing complete, truthful and up-to-date information.
Account responsibility
Users are responsible for keeping their credentials confidential and for any activity carried out from their account. El Pibe reserves the right to suspend, block or cancel accounts showing signs of fraudulent use or breach of these conditions, in accordance with applicable law and, where appropriate, informing the user.
The App and the Website
App features
The El Pibe App allows users to view products, menus, news and promotions, find the chain’s restaurants, place orders for collection at the restaurant or home delivery, register and take part in the Club Pibelovers loyalty programme, and access personalised offers and benefits based on their consumption history and preferences.
Website features
The Website provides corporate information, menus and restaurant locations, as well as access to basic content that does not require prior registration. It may also include an online shop allowing users to view products, place orders or make purchases and choose payment, delivery or collection options. Both platforms work in a complementary way, although the App offers additional features focused on order management and loyalty.
Registration and user account
Registration
Registration in the App is essential in order to place online orders and access the Club Pibelovers programme. By registering, users undertake to provide truthful, complete and up-to-date data and to keep their credentials confidential at all times.
Suspension and cancellation of accounts
El Pibe reserves the right to suspend, block or cancel accounts in the event of breach of these obligations, suspicious activity or fraudulent use, in accordance with applicable law. Users are responsible for all actions carried out from their account.
«Club Pibelovers» loyalty programme
How the Club Pibelovers works
Participation in the Club Pibelovers is voluntary and free of charge. All benefits, points and promotions are personal and non-transferable. By registering, users agree that El Pibe may create profiles based on their consumption habits in order to offer personalised promotions and rewards according to their order history and preferences.
Earning Pibepoints
The points accumulated, called Pibepoints, are awarded according to the amount spent at El Pibe restaurants, with 1 Pibepoint for every 10 euros spent. If the purchase does not reach 10 euros, the amount spent is accumulated in a virtual wallet until the minimum is reached. Pibepoints have no monetary value, cannot be exchanged for cash and are only awarded at the time of purchase, never retroactively. To earn them, users must have the App installed during the transaction, at which point the points are automatically added to their profile.
Redeeming Pibepoints
Pibepoints can be redeemed for products or benefits published in the App, whose availability may vary depending on the restaurant or area. Redeemed products do not include extra ingredients, which must be paid for by the user. Points expire 12 months after they are awarded and do not generate new points when redeemed. The App system automatically checks the availability of points for redemption and updates the history after each redemption.
Changes to the programme
El Pibe may change the programme rules, benefits or redeemable products, informing users through the App with reasonable notice when the change is significant. Points may be lost if the user leaves or is excluded from the programme in accordance with these conditions. El Pibe will manage the programme and user profiles in accordance with applicable law.
Express acceptance
Participation in the Club implies acceptance of these conditions and the obligation to use the benefits responsibly, complying with the rules established for earning and redeeming Pibepoints.
Orders, purchases and contracting of products
Orders and purchases
Orders or purchases made through the App or, when enabled, the Website, are managed according to the procedure indicated on each platform. Before confirming, users can consult the essential information about the product or service, the total price, including taxes and, where applicable, delivery charges, as well as the payment, delivery or collection options. By confirming an order, users declare that they have reviewed and accepted this information. The contract is concluded when the restaurant or El Pibe, as applicable, confirms the order to the user.
Preparation, delivery and cancellation
Preparation and delivery times will be communicated as estimates, and El Pibe will not be liable for delays arising from circumstances beyond its control, such as high order volumes or weather events, without prejudice to the rights granted to consumers by law. Products will be delivered according to the option selected by the user. Cancellations will be governed by the information provided before contracting and by applicable law.
Responsibility of the restaurants
Each restaurant is responsible for the preparation, quality, labelling and delivery of the products, including allergen information, without prejudice to any liability that El Pibe may legally have towards consumers. El Pibe manages the ordering platform and the loyalty system.
Right of withdrawal
Where the contract is subject to consumer legislation, consumers may exercise the right of withdrawal under the terms and within the period provided by law. This right does not apply, among other cases provided by law, to the supply of goods which are liable to deteriorate or expire rapidly, including perishable food or food made to the consumer’s specifications, in accordance with article 103 of the consolidated text of the Spanish General Law for the Defence of Consumers and Users. The applicable information will be provided before contracting.
Liability
Availability of the App and the Website
The El Pibe App and Website are offered in accordance with applicable law and within the limits permitted by law. El Pibe will endeavour to maintain their availability and security, but does not guarantee that the Service will be permanently free from errors, interruptions, viruses or other harmful elements. This provision does not limit the legal guarantees or mandatory rights of consumers.
Use of the Service
Use of the App and the Website is the user’s responsibility, and users must take reasonable measures to protect their devices, data and credentials. Users must ensure that they have the appropriate technological means, including compatible devices, a stable Internet connection and up-to-date software. The above is without prejudice to any liability legally attributable to El Pibe.
Legal liability
To the extent permitted by law, neither El Pibe nor any group company shall be liable for indirect damage or loss of profits, commercial damage or loss of data arising from the use of the Service. This limitation shall not apply where liability cannot legally be excluded or limited, including personal injury, wilful misconduct or negligence, nor shall it affect the mandatory rights of consumers.
Exclusion of warranties
El Pibe does not guarantee that the App or the Website will always be accurate, reliable or uninterrupted, or that all defects will be corrected immediately. Users acknowledge that any damage claimed must be proven in accordance with the law. This provision does not exclude or limit the legal guarantees of conformity or the rights to which consumers are entitled.
Limits of liability
In any case, any limitation of El Pibe’s liability will only apply to the extent permitted by law. In relations with consumers, liability will be governed by the applicable mandatory rules and will not be limited to the amount of the order or service where such a limitation is legally prohibited.
Rights and licence to use the App
Rights
All rights to the App, the Club Pibelovers programme and the content of the Website belong to El Pibe or its licensors. Users receive only a limited, personal and non-exclusive licence to use the App and the Website in accordance with these Terms and Conditions.
Express prohibition
Copying, reproducing, modifying, decompiling, reverse engineering, selling, renting or otherwise exploiting the content or software of the App or the Website is prohibited, unless expressly authorised by El Pibe.
Intellectual and industrial property
Intellectual property
All content of the Website or the App, including, by way of example and without limitation, texts, images, photographs, designs, logos, trademarks, trade names, structure, source code and other elements, is protected by current intellectual and industrial property legislation and belongs to El Pibe or to third parties who have authorised its use.
No assignment
Access to the Website or the App does not in any case imply the assignment, transfer or waiver of intellectual or industrial property rights.
Express prohibition
The reproduction, distribution, public communication, transformation, making available or any other form of exploitation, in whole or in part, of the content of the Website or the App without the express authorisation of the owner is expressly prohibited.
Personal data protection
Data processing
The personal data provided by users is processed in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Law 3/2018 (LOPDGDD).
Measures and rights
El Pibe takes measures to ensure the confidentiality and security of information. Users may exercise their rights of access, rectification, erasure, restriction, objection, portability and withdrawal of consent, and lodge complaints with the competent authority. Detailed information on data processing, purpose, legal basis, recipients, retention periods and international transfers can be found in the Privacy Policy, which forms an integral part of these Terms and Conditions.
General provisions and changes
Management and responsibility of the restaurants
El Pibe is responsible for administering the App and the Club Pibelovers loyalty programme. The day-to-day management of each restaurant is the responsibility of its owner, without prejudice to any liability that El Pibe may legally have towards consumers.
Each restaurant independently manages:
- Compliance with applicable regulations.
- The proper management of the products it offers to users.
- Any matter relating to the company or entity that owns the establishment.
The identity and full address of the owner of each restaurant are shown on the receipt the user receives when placing an order.
Changes to the Terms and Conditions
El Pibe may modify, update or adjust these Terms and Conditions. When the changes are significant, they will be communicated with reasonable notice through the App, the Website or the available contact channel, and will apply from their entry into force. Changes will not affect orders or contracts already confirmed or the rights granted to consumers by law.
Changes to the App and the loyalty programme
El Pibe may modify or cancel the App or the Club Pibelovers programme, and add or remove features, provided it does so in accordance with applicable law and, when the change is significant, with reasonable notice. These changes will not affect orders or contracts already confirmed or the mandatory rights of consumers.
In such cases, the benefits accumulated by the user, including Pibepoints, will be managed in accordance with the rules communicated and applicable law. Consumer rights will not be cancelled, nor will refunds or compensation be excluded where legally due.
Severability
If any provision of these Terms and Conditions is found to be illegal, invalid or unenforceable, that provision shall be severable and shall not affect the validity or enforceability of the remaining clauses.
Language
These Terms and Conditions, as well as the other legal texts of the Website and the App, may be made available to users in different languages. Users may consult them and, where applicable, place their orders in any of the languages available on the Website or the App. In the event of any discrepancy between the different language versions, the Spanish version shall prevail, unless the applicable consumer protection legislation provides otherwise.
Governing law and jurisdiction
These Terms and Conditions, and any dispute arising from them, are governed by Spanish law. Without prejudice to mandatory consumer protection rules, any dispute relating to their interpretation, application or performance shall be submitted to the courts and tribunals that have jurisdiction under applicable law. In contracts concluded with consumers, the courts and tribunals of the consumer’s place of residence shall have jurisdiction where provided for by applicable law, and this clause may not deprive consumers of the jurisdiction to which they are legally entitled.