General Conditions of the contracting and use of the portal:
I.- PURPOSE AND SCOPE OF APPLICATION
The purpose of these stipulations is to regulate the use of electronic sales services for the different goods and services offered by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL, an autonomous company that operates on the Internet from its website (www.foodgourmetshop.com/es/) selling Gourmet products, distribution and logistics to its customers. The clauses that are listed below make up the framework contract that all users who access the page www.foodgourmetshop.com/es/ are obliged to know and accept.
For the sole purpose of these general conditions, the term "user" includes any Internet user who accesses the web page www.foodgourmetshop.com/es/ either directly, or from any other Internet site. The services offered by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. in this website will be regulated by the conditions contained in this contract. SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. reserves the right to modify, totally or partially, these general conditions, being applicable the new ones that it agrees from the moment of its publication on the page. In any case, the mentioned modifications will not have retroactive effects on the goods or services already previously contracted by the users. These General Conditions are binding on both parties and form an integral and inseparable part of the contract of sale whose efficiency operates at the time of the subscription of the order at the request of the client, through the contracting mechanisms that will be specified later, all in accordance with what is provided in art. 1.255 of the Civil Code that includes the principle of the autonomy of the will and agreements between the contracting parties. For all purposes it will be understood that the user accepts the conditions and rules of use here related if the user makes an order through the web www.foodgourmetshop.com/es/.
In order to fully guarantee the rights of consumers and users of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L., these General Conditions are established in accordance with the provisions of Spanish law, and in particular in Law 26/84 of June 19 General for the Defense of Consumers and Users, Law 7/98 of April 13 of General Conditions of the Contracting, Law 7/96 of January 15 of Retail Trade Regulation, Civil Code, Directive 2000/31 CE of the European Parliament and of the Council of June 8, Law 34/2002 of July 11, services of the information society and electronic commerce, Law 23/2003 of July 10, Guarantees in the sale of Consumer Goods and other applicable laws and their development regulations.
II.-IDENTIFICATION AND SOCIAL REASON OF THE OFFERING COMPANY
SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL, with registered office at C / Hernán Cortés, 6, 06002 Badajoz (SPAIN), provided with CIF Nº B06641351, provides its electronic sales services through Internet on its website http: // www.foodgourmetshop.com/es/ . Your contact address is the e-mail email@example.com. The address for the purposes of claims will correspond to the one indicated as the company's registered office.
These General Conditions regulate the contracting of products and services offered by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. and advertising directed to its customers / users, all through its website, as well as the rights and obligations of the parties derived from the purchase and sale transactions arranged between them.
IV.-LEGAL CONDITIONS FOR THE PROVISION OF THE SERVICE AND RESPONSIBILITY CLARITY AND TRANSPARENCY IN INFORMATION
SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L.., in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, allows access by electronic means permanently, easily, directly and free of charge to the comprehensive information of its name (data fiscal, registration, address and communications address), as well as customer data, exclusive access to the same, which are held by the company.
V.- CONDITIONS OF USER / CUSTOMER ACCESS
The user of the website of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. will have the right of a free and open access to the public information collected in it, although SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. reserves the right to restrict access to information, promotions and special offers to its registered customers. Any user who accesses the website of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. You have the right to register as a client, therefore you can avail of the special offers for registered customers if you meet the specific conditions of the offer that for each product are specified. The public information contained in the website of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. referred to the company SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. as to the brands, products, logos, ... of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, for which the copying, transmission, transfer, sale or use by the client outside the advertising purpose of its virtual publication that does not have the express consent of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL, the manufacturer of the product or the owner of trademarks and logos, under the terms provided in section XI on Rights of Industrial and Intellectual Property.
The client / user prior to the formalization of the purchase of any of the products offered by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. must register his personal data and circumstances needed for the formalization of the sales contract (name and surname or company name, ID / NIF, address, email address, telephone number). To be able to place orders on the Web page, each client will provide SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. voluntarily and under your responsibility your personal data. All personal data provided by customers in a fraudulent or false manner may be considered a crime of falsification of commercial documents. SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. can offer the customer a personal registration system through a personalized access code (login) and a password to facilitate future purchase operations for the client. In this case, the client may designate at his / her discretion the desired login and password, as long as these are available or not assigned to other clients. Through an automatic process, SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L., if the client wishes so, will generate the login and password for the client. The client is committed to ensure the confidentiality of their own login and password. SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. is exempt from any liability arising from the incorrect use or negligence on the part of the client in fulfilling its obligation of confidentiality of their access codes.
VI.- PROCESS OF OFFER AND ACCEPTANCE. CONDITIONS OF PURCHASE AND DELIVERY OF THE PRODUCT
Price Policy: S SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. reserves at all times and unilaterally the right to modify the price of products and services offered through its website. To guarantee the customer the certainty and security of the price of their products, this will be the current one in the advertising coinciding with the moment of formalizing the order. In the electronic purchase process, the following steps will be followed according to the menu set out on the website of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL
Information on the product offered to the customer: technical characteristics, description, warranty period, manufacturer's mark, photograph guidance (if applicable).
Information on the price of the product: information on the final price or sale price to the public of the product to be acquired, containing in it the final cost to the customer and including VAT, shipping and merchandise insurance and handling derived from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before the latter formalizes his acceptance by choosing the "place the order" option. The possible discounts or promotional gifts will be freely directed by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. to the collectives designated at each moment by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL, or depending on the product offered, according to the advertising existing at each moment on its website.
Perform the order: at the time of formalizing the order, once the option to place an order is understood as the consent of the client for the validity and effectiveness of the contract of sale that binds the parties. SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. will electronically store the order. The commitment acquired by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. of sale and delivery of the offered goods is subject to the stock of the advertised product and the availability of the same until end of stock, so SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL, in its commitment to quality and customer service, tries at all times to the advertised products are available. However, if there are exceptional circumstances of interactive multi-demand or those that cause the end of the existing products, the order and the contract signed between the parties shall be rendered null and void by virtue of this resolutory clause, restoring fully to the customer in case of prepayment the amounts paid by the same, without proceeding in favor of any of the parties compensation some in concept of breach of contract, emergent damage or lost profit.
Forms of payment by the client: the following payment systems are established:
1º.- Paypal: the client must make the payment in the indicated account and will be responsible for the veracity of all the data entered and also responsible for any fraud that may arise from its actions.
2º.- Credit Card: when making the payment by credit card you must enter your banking information on the platform provided and be responsible for the accuracy of all data entered and responsible for any fraud that could be derived from its actions.
Invoice: SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL will issue an invoice in PDF format that will be sent to the email designated by the client. SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. warns that it will not be able to subsequently modify the sales invoices in compliance with current regulations. (Royal Decree 1496/2003 on Billing regulations, modified by Royal Decree 87/2005).
The invoice will be issued in the name of the individual or company that places the order, so the customer must ensure that the order is placed in the correct name. Subsequent changes will not be possible.
Delivery date of the products or services acquired: an approximate period of 7 days is established for the effective delivery of the product from the moment in which it was proven that the payment had been effective in case of advance payment. For this calculation, Friday, weekends and holidays are not included. In case of payment by Paypal or Credit Card the shipment will be made within a maximum period of 24h / 48h, taking into account the previous point.
Place and form of delivery: The order will be delivered to the address designated at the time of contracting by the client. The subsequent modification of the place of delivery requested by the customer may generate additional costs on the sale price that will be at the expense of the buyer. The goods will be delivered to the customer by the transport company, together with the delivery note in which the data will be recorded, the order and the number of packages that make up the shipment.
If the customer checks at the time of delivery errors in the goods received or that it is visibly damaged, must record these circumstances on the carrier's delivery note and to inform these facts to SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL within 24 hours (e-mail to firstname.lastname@example.org).
Claims after 24 hours after delivery cannot be accepted. The merchandise that could not be delivered within a period of seven working days from the departure of the same from the SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. for reasons not attributable to the seller will be returned to it, restoring the amounts paid in case of orders in the prepaid mode, discounting them the shipping costs and return to our facilities. SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. will serve its products offered on the website only to the Continental Europe, Ireland and UK. Orders outside these areas will have to be taken care of in a special way. Please contact email@example.com if you are in a different place and you want to receive our products.
VII.- CUSTOMER RIGHTS
Confidentiality and security of the personal data of the client in accordance with the provisions of current Spanish legislation on data protection.
No dissemination, transmission or publication of customer data without their express consent.
Do not receive promotional emails or advertising if you have rejected them.
Consult, modify and delete the personal data of the client that are in the database of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL at the request of the client, all in accordance with the provisions of the section on Personal Data Protection.
Access free of charge the open sections of the web page of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L.
To know any times the status of processing of the order made.
Due to the special characteristics of the products refunds will not be accepted.
VIII.- OBLIGATIONS OF THE USER / CLIENT
Save your personal codes with due diligence.
Use the information published by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. exclusively by the client strictly within the intended personal business relationship.
Do not reproduce, transfer or dispose of the information published by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. in all its contents without express permission of the company itself.
Use faithfully the purchase service provided by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. on its web page, refraining from manipulating the contents of its web page, or interfering in its computer means through viruses or other prohibited behaviors by law.
Respect the purchase agreement once accepted the order, with the timely payment of the agreed price .
IX.- RIGHTS OF SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L.
Preserve, modify or suspend your website without prior notice.
To change the price of the offers.
To reject orders due to lack of stock or non-payment of the client.
To reject the access to the computer tools to clients in case of breach of these conditions.
To receive the amount of the purchases of the client accepted the transaction.
To reserve the domain and to keep the full ownership of the article until the full payment by the client.
To reserve the right to carry out raffles of goods or services in its Web page.
X.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The rights related to industrial and intellectual property (by way of example and not limiting: trademarks, logos, texts, photographs, icons, images, ...), as well as graphic design, source code and other software elements contained on the website "www.foodgourmetshop.com/es/") are the property of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL or of the wholesale companies and manufacturers of the products and services offered. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international legislation. Without the prior written authorization of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL, or, where appropriate, the wholesale company or the manufacturer of the product holding the rights, it is not allowed to use, copy, distribute, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of the services offered.
Access to the services provided does not imply on the part of SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL renunciation, transmission or total or partial transfer of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication on these contents without the prior and express authorization in writing of the respective owners of said rights, without prejudice to the right of viewing and obtaining a private copy of such content, provided that said right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the owner of such rights remains unchanged, It is used without commercial purposes and exclusively for the user's personal information.
The responsibility derived from the use of materials protected by the intellectual and industrial property rights of third parties contained in this page in an unlawful manner or that transgresses morality, honor or privacy, will correspond exclusively to the user, exempting in any case SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. of any responsibility that derives from such behaviors.
XI.- EXEMPTION OF LIABILITY.
SILSELL DISTRIBUTION AND LOGISTICS GOURMET S.L. will not respond for interruptions that occur in electrical or telecommunications services that prevent users from using the services offered.
XII.- PROTECTION OF DATA OF PERSONAL CHARACTER INFORMATION
The information received by SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. through its website, it will be treated with the utmost confidentiality. SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. will at all times observe the current provisions on data protection, in particular, the Organic Law 15/1999, of December 13, Protection of Personal Data, and adopt the necessary measures to, in relation to said data, avoid its unauthorized alteration, loss, treatment and access and for its employees to observe said prescriptions, as well as the duty of secrecy regarding the data subject of the protection and other confidentiality obligations in force. Likewise, it undertakes not to use the personal data of the users of the page for different purposes unrelated to the purpose of contracting the services it provides. In accordance with current legislation, SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. collects data of a personal nature of its clients and includes them in a file of which it is owner and whose treatment is exclusively intended for the purpose of managing the orders requested from the Company and responding to queries that users may make. The entity responsible for the files is SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L. The user must provide the data and personal circumstances necessary to register as a client of the Company and formalize of sales contracts (name and surname or company name, DNI / NIF, address, e-mail address, telephone).
RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPOSITION
SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET S.L., the entity that receives the data included in this page, undertakes to respect and facilitate the exercise of the rights recognized by law and, in particular, the rights of access to data, rectification, cancellation of data and opposition, if applicable. Such rights may be exercised by the user or, as the case may be, by the person representing them, by means of a written and signed request addressed to the following address : SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL, Hernán Cortés, 6 06002- BADAJOZ (SPAIN) or by email to firstname.lastname@example.org .
SECURITY IN THE TREATMENT, COMPUTER PROCESS AND PERSONAL DATA CUSTODY
SILSELL DISTRIBUCIÓN Y LOGÍSTICA GOURMET SL declares and guarantees that it maintains security levels for the protection of personal data as provided by current legislation, and that it has established all technical means at its disposal to prevent loss, misuse, alteration, unauthorized access and theft of data facilitated by users. All this without prejudice to the fact, that the user expressly accepts that security measures on the Internet have their limitations.
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