Last Updated: 06/03/2025
These Terms and Conditions (“Agreement”) govern your use of the Pizzeria Dabene mobile application (“App”) and any related services provided by Pizzeria Dabene (“we”, “us”, or “our”). By accessing, downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree with any part of these Terms, you must cease using the App immediately.
You must be at least 18 years old to use the App. Users under the age of 18 may use the App only with the express consent and supervision of a parent or legal guardian. By using the App, you represent and warrant that you meet these eligibility requirements.
In order to place Orders or access certain features of the App, you may be required to register for an account. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.
Subject to your compliance with this Agreement, we grant you a nonexclusive, nontransferable, limited license to download, install, and use the App for personal, noncommercial purposes.
You shall not, and may not permit any third party to:
Pizzeria Dabene offers an online platform for browsing our menu, placing Orders for delivery or pickup, and processing payments securely. The App may also include features such as promotions, loyalty programs, and special offers.
We reserve the right to modify, suspend, or discontinue any aspect of the App or its features, including pricing and menu offerings, at any time without prior notice.
All Orders must be paid using accepted payment methods, which may include credit/debit cards, mobile payment systems, and other methods designated by Pizzeria Dabene. Users must provide accurate and up-to-date payment information at the time of purchase.
If a payment fails due to insufficient funds, expired payment methods, or other issues, the Order will not be processed. Unauthorized chargebacks may result in account suspension and future Orders being declined. Users disputing unauthorized transactions must first contact their payment provider before reaching out to our support team.
Upon placing an Order, Users will receive an electronic confirmation via email or the App. Users are responsible for reviewing their Order details and reporting discrepancies immediately.
Cancellation: Orders may only be cancelled if the cancellation request is received before the Order is confirmed for preparation. Once preparation has begun, cancellations may not be possible.
Modifications: Requests for modifications to an Order must be submitted at the time of placing the Order. We reserve the right to decline modification requests if it impacts the timely preparation or delivery of the Order.
Refunds will not be provided for issues stemming from third-party delivery delays, miscommunications outside the scope of product quality, or where the complaint does not meet the criteria outlined in Section 7.1.
Ownership: All intellectual property rights, including but not limited to trademarks, logos, graphics, software, and other content provided on the App, are owned by Pizzeria Dabene or its licensors.
User-Generated Content: Any content submitted by users (e.g., reviews, photos, comments) becomes non-confidential and may be used by Pizzeria Dabene for promotional, informational, or marketing purposes. However, this does not transfer any ownership rights over such content to Pizzeria Dabene.
Restrictions: You may not reproduce, distribute, modify, display, or create derivative works from any Content unless expressly authorized by Pizzeria Dabene in writing.
Lawful Conduct: You agree to use the App only for lawful purposes and in compliance with all applicable laws and regulations.
Prohibited Activities: You shall not:
Compliance with Third-Party Terms: Your use of the App may be subject to additional terms imposed by third-party service providers, such as payment processors, and you agree to abide by such terms.
Third-Party Providers: The App may integrate with third-party services, such as payment gateways and logistics providers. These third parties are not under our control, and we are not responsible for their practices or policies.
Links to External Sites: The App may contain links to external websites that are not operated by Pizzeria Dabene. We have no control over the content or practices of these sites and assume no responsibility for their operations. Accessing such links is at your own risk.
The App is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
In no event shall Pizzeria Dabene’s aggregate liability arising out of or related to your use of the App exceed the total amount paid by you for the relevant Order. Under no circumstances will Pizzeria Dabene be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, data loss, or business interruption, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Pizzeria Dabene, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
14.1 Right to Amend: Pizzeria Dabene reserves the right to modify, update, or replace this Agreement at any time. Notice of material changes will be provided through the App, email, or other appropriate channels.
14.2 Continued Use: Your continued use of the App following any modifications constitutes your acceptance of the updated Agreement.
15.1 Termination by Pizzeria Dabene: We reserve the right to suspend or terminate your access to the App, without notice, if you violate any provision of this Agreement or if it is necessary for technical maintenance or security purposes.
15.2 Effect of Termination: Upon termination, your right to use the App will immediately cease. All provisions of this Agreement that by their nature should survive termination (such as intellectual property, warranty disclaimers, indemnification, and limitations of liability) shall remain in effect.
16.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles.
16.2 Jurisdiction: Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Málaga, Spain.
16.3 Dispute Resolution: In the event of a dispute, you agree to attempt to resolve the issue by first contacting our customer support. If the dispute cannot be resolved amicably, it will be resolved through binding arbitration in accordance with Spanish arbitration laws.
17.1 Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be valid and enforceable.
17.2 Waiver: No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to enforce any provision shall not constitute a waiver of future enforcement.
Any notices or communications required or permitted under this Agreement shall be in writing and delivered to the address provided below or via email to the contact information provided in Section 19. Such notices shall be deemed received when delivered or sent via electronic means, provided that you have confirmed receipt.
Pizzeria Dabene
Pueblo Marinero, C. La Fragata, Local G-33
29630 Benalmádena, Málaga, Spain
Email: info@pizzeriadabene.com
Phone: +34 951 686 110
This Agreement, together with our Privacy Policy, constitutes the entire understanding between you and Pizzeria Dabene regarding the use of the App, and supersedes all prior or contemporaneous agreements, representations, or communications, whether oral or written.
By using the App, you acknowledge that you have read, understood, and agree to all the terms and conditions outlined above. As direct as our oven-fired pizzas, these terms are designed to protect both your rights and ours, ensuring that every slice of service is served with full legal coverage.