Legal Notice
The website https://tiendaromate.com (hereinafter, the “Website”) is owned by SANCHEZ ROMATE HNOS, S.A. (hereinafter, the “COMPANY”), with registered office at Calle Pozo del Olivar, 23. Local derecho. Jerez de la Frontera (Cádiz), and CIF A11600673. Registered in the Mercantile Registry in Volume 282; Folio 106; Registry Sheet No. 11.383.
The COMPANY welcomes you and invites you to read carefully the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) which describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. Given that the COMPANY could modify these General Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.
With the aim that the use of the Website conforms to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting the COMPANY through the following postal address:
Sánchez Romate Hnos.
Attn. Data Protection Officer.
Calle Pozo del Olivar, 23. Local derecho. Jerez de la Frontera (Cádiz) 11403, Spain.
- Object.
The COMPANY supplies the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Privacy Policy”). Access to this Website or its use in any form grants you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the General Conditions of Use in force on each of the occasions in which they access this Website, therefore, if they do not agree with any of the provisions here, they must abstain from using this Website. Likewise, you are warned that, on occasions, particular conditions may be established for the use on the Website of specific content and/or services, and the use of said content or services will imply the acceptance of the particular conditions specified therein.
- Services
Through the Website, the COMPANY offers Users the possibility of accessing: Information about the COMPANY and its group companies, their contact details, their products and services, their location – A contact section to make inquiries by providing their personal data – Links to access social networks (hereinafter, the “Services”).
- Privacy and data processing
The COMPANY processes your personal data according to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of such data and by which Directive 95/46/EC is repealed. You can consult the information on the processing of your personal data, according to article 13 of section 2 of the aforementioned regulation.
- Industrial and Intellectual Property
The User recognizes and accepts that all the contents shown on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use are subject to intellectual and industrial property rights, and all brands, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted in the page, are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such contents, holding the COMPANY harmless from any claim derived from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents. Any use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the affected rights. The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. The COMPANY is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted or recorded by any information retrieval system, in any form or by any medium, unless prior written authorization is obtained. Likewise, it is forbidden to delete, bypass and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, the COMPANY reserving in any case the exercise of any legal means or actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
- Obligations and Responsibilities of the web site user
The User undertakes to:
- Make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morality and good customs; and (iv) public order.
- Provide themselves with all the means and technical requirements needed to access the Website.
- Provide truthful information when filling in the forms contained on the Website with their personal data, and to keep them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and for the damages caused to the COMPANY or third parties by the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
- Making unauthorized or fraudulent use of the Website and/or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or the documents, files and all kinds of contents stored on any computer equipment.
- Accessing or attempting to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.
- Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
- Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
- Attempting to access, use and/or manipulate the data of the COMPANY, third-party providers and other Users.
- Reproducing or copying, distributing, allowing public access through any modality of public communication, transforming or modifying the contents, unless authorized by the holder of the corresponding rights or it is legally permitted.
- Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other identifying data of the rights of the COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents.
- Obtaining and attempting to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those that are commonly used on the Internet for not involving a risk of damage or disablement of the website and/or the contents.
- In particular, and for purely indicative and non-exhaustive purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
- In any way is contrary to, belittles or attacks fundamental rights and public freedoms recognized constitutionally, in International Treaties and in the rest of the current legislation.
- Induces, incites or promotes criminal, denigrating, defamatory, violent actions or, in general, contrary to the law, morality, generally accepted good customs or public order.
- Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
- Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.
- Induces or may induce an unacceptable state of anxiety or fear.
- Induces or incites to get involved in dangerous, risky or harmful practices for health and psychological balance.
- Is protected by the legislation on intellectual or industrial protection belonging to the COMPANY or to third parties without the intended use having been authorized.
- Is contrary to honor, personal and family privacy or the person’s own image.
- Constitutes any type of advertising.
- Includes any type of virus or program that prevents the normal functioning of the Website.
If a password is provided to access some of the services and/or contents of the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, committing yourself not to assign it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify the COMPANY of any fact that may involve an improper use of your password, such as, by way of example, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as the previous notification is not made, the COMPANY will be exempted from any responsibility that could derive from the improper use of your password, any illicit use of the contents and/or services of the Website by any illegitimate third party being your responsibility. If you negligently or willfully fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages and losses that may derive from said failure for the COMPANY and/or third parties.
- Responsibilities
The COMPANY does not guarantee continued access, nor the correct visualization, downloading or usefulness of the elements and information contained in the pages of the Website, which may be prevented, hindered or interrupted by factors or circumstances that are beyond its control. The COMPANY is not responsible for the decisions that could be adopted as a result of access to the content or information offered. The COMPANY undertakes not to allow any transaction that is illegal, or is considered by credit card brands or the acquiring bank, that could or has the potential to damage their goodwill or influence them negatively. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Buyer, Issuing Bank, Merchant, Cardholder, or cards. Furthermore, the following activities are also explicitly prohibited: “Sale of alcoholic beverages to persons under 18 years of age.” The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or of any of the services offered therein are contrary to these General Conditions of Use. The COMPANY is not responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for deleting, as soon as possible, the contents that may generate such damages, provided that it is so notified. In particular, it will not be responsible for damages that could derive, among others, from:
- Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the functioning of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.
- Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
- Improper or inadequate abuse of the Website.
- Security or navigation errors produced by a malfunction of the browser or by the use of outdated versions of it. The administrators of the COMPANY reserve the right to withdraw, totally or partially, any content or information present on the Website.
The COMPANY excludes any responsibility for damages of any nature that could be due to the misuse of the services of free disposal and use by the Users of the Website. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being solely for the provision of inquiry and doubt services. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused. The User will defend, indemnify and hold the COMPANY harmless against any damages derived from claims, actions or demands of third parties as a consequence of their access or use of the Website. Likewise, you agree to indemnify the COMPANY against any damages derived from the use by you of “robots”, “spiders”, “crawlers” or similar tools employed for the purpose of gathering or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Website.
- Hyperlinks.
The User undertakes not to reproduce in any way, even by means of a hyperlink or link, the Website of the COMPANY, as well as any of its contents, unless express written authorization from the COMPANY is obtained. The Website of the COMPANY includes links to other websites managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of said websites, nor is it in a position of guarantor and/or offering party of the services and/or information that may be offered to third parties through the third-party links. The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to the Website (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent its relationship with the COMPANY, nor state that the COMPANY has authorized such a link, nor include brands, denominations, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) must link to the Website’s own address, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” over any of the pages of the Website. The COMPANY may request, at any time, that you remove any link to the Website, after which you must proceed immediately to its removal. The COMPANY cannot control the information, contents, products or services provided by other websites that have established links destined for the Website. Consequently, the COMPANY assumes no responsibility for any aspect related to such websites.
- Cookies
You can consult the information on cookies by accessing this LINK. (http://politicadecookies.com/)
- Duration and termination
The provision of the service of this Website and the other services have in principle an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the Website. Whenever possible, the COMPANY will announce the termination or suspension of the provision of the specific service.
- Statements and Warranties
In general, the contents and services offered on the Website are purely informative. Consequently, by offering them, the COMPANY does not grant any warranty or statement in relation to the contents and services offered on the Website, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that by law such statements and warranties cannot be excluded.
- Force Majeure
The COMPANY will not be responsible in case of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
- Dispute Resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, shall be governed by common Spanish Law. Any controversy will be resolved before the courts of Madrid capital. In the event that any stipulation of these General Conditions of Use turns out to be unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, such unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, the COMPANY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and pretension reflected in the original stipulation.
- Information Society Services and Electronic Commerce Act (34/2002 of July 11)
Article 10 General Information
1. Without prejudice to the requirements regarding information established in the current regulations, the service provider of the information society will be obliged to have the means that allow both the recipients of the service and the competent bodies to access by electronic means, in a permanent, easy, direct and free way, the following information:
a) Their name or corporate name; their residence or address or, failing that, the address of one of their permanent establishments in Spain; their email address and any other data that allows establishing a direct and effective communication with them.
b) The data of their registration in the Mercantile Registry in which, if applicable, they are registered or that other public registry in which they were for the acquisition of legal personality or for the sole purpose of publicity.
c) The tax identification number that corresponds to them.
As well as having completed the terms and conditions referring to:
- -Cancellation of orders
- -Return and refund
- -Security Buyer protection
- -Shipping, privacy and data protection