GENERAL CONDITIONS OF USE

1. Introduction

These general conditions of use of the online store, regulate the terms and conditions of access and use of www.gourmetencasa-tcm.com, property of TCM GOURMET 2012, with address at C / Tramuntana 13A Pol. Industrial El Raco (46612 Corbera , VALENCIA) and with Tax Identification Code number B40509663.

From now on, the user of the Portal must read and accept to use all the services and information provided from the portal.

In any case, the use of this website is for people over 18 years of age and the user declares that he is of legal age, has full capacity to act, knows how to read and fully understands all the clauses included in these general conditions of use. In the event of being a minor, you cannot use the Portal without the prior consent of your parents or guardians.

The user, as well as the Company, owner of the Portal, may be jointly referred to as the Parties or each one separately as the Party. The mere access and / or use of the Portal, of all or part of its contents and / or services means full acceptance of these General Conditions of Use. The provision and / or use of the Portal is understood to be subject to strict compliance with the terms set forth in these General Conditions of Use of the Portal.

2. Definitions

The Parties agree that the following terms have the meanings indicated below:

• The Portal: The website located at the following Internet address: www.gourmetencasa-tcm.com, as well as in any subdomain or extension thereof.

• User: Person who accesses the Portal, buys and / or uses accessible services or information.

 

3. Terms of use

These General Conditions of Use of the Portal regulate the access and use of the Portal, including the contents and services made available to Users on and / or through the Portal, either by the Portal, by its Users, or by any third parties. However, access to and use of certain content and / or services may be subject to certain Specific Conditions for certain content or services.

4. Modifications

The Portal reserves the right to modify the General Conditions of Use of the Portal at any time. In any case, it is recommended that you periodically consult these General Conditions of Use of the Portal, since they can be modified.

5. Information and services

Users can access different types of information and services through the Portal. The User expressly acknowledges and accepts that at any time the Portal may interrupt, deactivate and / or cancel any of the information or services.

The portal reserves the right to modify and update, at any time, the presentation, configuration, information and services offered from the portal, not affecting the orders processed prior to it.

The Portal will use its best efforts to try to guarantee the availability and accessibility of the Portal. However, on occasions, for reasons of maintenance, updating, change of location, etc., it may lead to the interruption of access to the Portal.

The Portal offers access to information and services as is, and does not provide any equipment, material or services to access them.

The Portal does not intervene in the creation of those contents and / or services provided or supplied by third parties in and / or through the Portal, in the same way that it does not control its legality. In any case, it does not offer any kind of guarantee on them. The User acknowledges that the Portal is not and will not be responsible for the content and / or services provided or supplied by third parties in and / or through the Portal. The User accepts that the Portal will not assume any responsibility for any damages or losses produced as a result of the use of this information or third party services.

Regarding the legal guarantees (Goods of a non-durable nature, we express the following)

www.gourmetencasa-tcm.com is a website that sells products that have an average shelf life and shelf life of less than two years, for which the provisions of article 116 of the TRLGDCU will apply, regarding terms and peculiarities of the guarantees, in relation to the nature of the traded goods.

Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that all the requirements expressed below are met:

-. They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.

-. They are suitable for the uses to which products of the same type are ordinarily destined.

-. They present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product.

6. Cost

There are certain content, data, information and services that to access them, the User will have to pay a consideration. In these cases, the Portal will inform the User in advance.

7. Obligations of the User

The User will have to respect at all times the terms and conditions established in these General Conditions of use of the Portal. The User expressly states that he will use the Portal diligently and assuming any responsibility that may arise from breach of the rules.

The User agrees not to use the information and services offered from the Portal to make decisions with financial implications since he knows that this information and services are not up-to-date and may contain inaccuracies or misprints. Likewise, in those cases where data or information is requested, he undertakes not to misrepresent his identity by posing as any other person. The User accepts that the use of the Portal will be carried out for strictly personal, private and particular purposes. The User may not use the Portal for activities contrary to the Law, morality and public order, as well as for prohibited purposes or that violate or injure the rights of third parties. Likewise, the dissemination, storage and / or management of data or content that infringe the rights of third parties or any regulations governing intellectual or industrial property rights is prohibited.

The User will not use the Portal to carry out acts that support, incite or promote; 1. Illegal or criminal, denigrating, defamatory, discriminatory acts based on sex, race, religion, beliefs; 2. Violent, pornographic, degrading acts, and / or in any way, contrary to morals, good customs.

Likewise, the User may not use the Portal to transmit, store, disclose, promote or distribute data or content that carry viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any program or computer or telecommunications equipment.

The User will not use the Portal to send advertising not authorized by the recipient.

The User undertakes to indemnify and hold harmless the Portal for any damage, loss, sanction, fine, penalty or compensation that the Portal has to face, as well as, including the fees of lawyers and / or attorneys, or of any third parties, derived from the breach of these General Conditions by the User.

8. Availability of the information and services of the Portal

The Portal does not guarantee the continuous and permanent availability of the services, thus being exonerated from any responsibility for possible damages caused as a result of the lack of availability of the service due to force majeure or errors in the telematic transfer networks of data, beyond their control, or due to disconnections made for improvement or maintenance work on computer equipment and systems. In these cases, the Portal will make its best efforts to give 24 hours notice of the interruption. The Portal will not be responsible for the interruption, suspension or termination of the information or services. Likewise, it is not responsible for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality that originate from technical problems, communications or human omissions, caused by third parties or not attributable to the Portal. Nor will it be liable for damages caused by computer attacks or caused by viruses that affect computer programs, communications systems or equipment used by the Portal, but manufactured or provided by a third party. The Portal may, at its sole discretion, deny, withdraw, suspend and / or block at any time and without prior notice access to information and services to those Users who violate these rules.

9. Responsibility of the Portal

The portal expressly guarantees the user diligence on the contained data, information, and on the services that are incorporated and offered through it, unless the owner of the content or services is a third party, either a natural person or legal, independent of the owner of the website.

Except for the cases that the Law expressly imposes otherwise, and exclusively to the extent and extent to which it is imposed, the Portal does not guarantee or assume any responsibility for possible damages caused by the use and use of information, data and Portal services.

In any case, the Portal excludes any liability for damages that may be due to the information and / or services provided or supplied by third parties other than the Company. All responsibility will be of the third party, be it supplier, collaborator or other.

10. Personal data

The personal data received will be treated in accordance with Organic Law 15/1999 of December 13 on the Protection of Personal Data and other current regulations in force in Spain.

 

The personal data obtained by the Portal for the provision of any service or use of the Portal will be integrated into a computerized file, created and maintained under the responsibility of TCM Gourmet 2012 S.L.

 The data obtained will be used to offer the requested services and will also be used to keep the user informed about the news of the services and contents of the Portal, attending, if applicable, to the preferences that the user has indicated. The user agrees to receive these emails, provided that they are related to the indicated preferences or services and information used by the User. The User expressly states that any personal data or that of a third party that he accesses, enters, modifies or deletes has the right to do so or has the express authorization of this third party. The Portal informs the User that he may exercise the rights of access, rectification, opposition and cancellation of the data that he has provided us at any time, by e-mail info@gourmetencasa-tcm.com or by going to the following address: C / Tramuntana 13A Pol. Industrial El Raco (46612 Corbera, VALENCIA).

The Portal adopts for the treatment of data all technical and organizational security measures that are mandatory, in accordance with the provisions of current legislation.

11. Intellectual and Industrial Property

All content, trademarks, logos, drawings, documentation, computer programs or any other element susceptible to protection by intellectual or industrial property legislation, which are accessible to the Portal correspond exclusively to the Company or its legitimate owners and all rights are expressly reserved. rights over them. The creation of hypertext links (links) to any component of the Portal web pages without the authorization of the Company is expressly prohibited, provided that they are not on a Portal web page that does not require identification or authentication for access, or it is restricted.

In any case, the Portal reserves all rights over the content, information, data and services that it holds on them. The Portal does not grant any license or authorization of use to the User regarding its contents, data or services, other than the one expressly detailed in these General Conditions of Use of the Portal.

12. Applicable legislation, competent jurisdiction and notifications

These Conditions are governed and interpreted in accordance with the Laws of Spain. In the event of any conflict or discrepancy, the competent jurisdiction will be the one established by Spanish law in its consumer and user law. All notifications, requirements, requests and other communications that the User wishes to make to the Company that owns the Portal will have to be made in writing and it will be understood that they have been correctly carried out when they have been received by email info@gourmetencasa-tcm.com or at following address C / Tramuntana 13A (46612, Corbera - Valencia).

13. Nullity and inefficiency of the clauses

If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect this provision or the part of it that is null or ineffective, the present general conditions subsisting in everything. others, considering such provision totally or partially as not included.

14. Good faith and diligence

The Parties undertake to fulfill their obligations and to exercise the rights that arise from these conditions in accordance with the strictest requirements of good faith and diligence.

Link to the European Union online dispute resolution platform:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

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