1. Object
2. Rights and Duties to the User
2.1- Conditions of Access and Use
2.1.1- User Registry
2. 1. 2- Key Codes Assignment
2. 1. 3- Use and Custody
2. 2- Contents and Performances of the User
3- Rights and Duties to Catalancooking.com
4- Offers, Prices, Payments and Delivery Times
5- Guarantee
6- Refunds & Returns
7- Copyright
8- Data Protection
9- Legislation
1- Object
The present General Conditions have for object to regulate the conditions of
use and utilization of the portal of Internet located in the address www.catalancooking.com
(from now "the Portal" or "Catalancooking.com") and of which
it is to title the company CatalanCooking SCP with address c/de les creus, 15
(Sant Cugat Sesgarrigues, Barcelona) and NIF G64575772 and the object social
of is the compilation, elaboration and diffusion of information across internet
as well as the commercialization and sale of products, videos, wine tastings
and cooking courses of Catalonia and all Countries Catalan.
Catalancooking.com has been created to introduce and allow the access to the
contained information, with the restrictions and limitations that impose the
present General Conditions like allowing and making the access possible to other
pages with which the Portal has ideological relationships, commercial, professional
or of any other type.
The mere utilization of the portal, gives the condition of User, who states
to know and to accept without reserve nor exception , all and each of the General
Conditions that in this document are set forth.
Catalancooking.com offers to its Users, the possibility to access to the contents,
services and information concerning the social object of the present entity.
The present general conditions constitute in a complete way the agreement between
the parts referring to on-line transactions between Catalancooking.com and its
customers. Catalancooking.com is empowered to modify unilaterally all of them
and each of the willing duties in the present General Conditions, without need
for previous notice. Also, it is qualified to restructure, modify or eliminate
any information, service or contents included in the Portal, without the need
for previous notice. The modification of any of the present general conditions
for a particular case will only have validity when it has been picked up in
writing and signed by the legal representatives of each part.
2. Rights and Duties to the User
2. 1- Conditions of Access and Use
Through the address located in Catalancooking.com any user will be able to
access freely to the information contained in it..
The conditions of access to the Portal are subordinated to the valid legal
dispositions in every moment as well as to the principles of good faith and
licit use on the part of the User, expressly and specifically forbidding any
type of performance that could result in damage or harm for the Portal or a
third part.
The Portal does not require the previous subscription for the simple navigation,
access or utilization of the service in question. In return, for the access
to certain contents and services, the previous subscription and its corresponding
registry as a User will be required (from now on Registered User). About personal
data treatment, please watch Privacy Policy of Catalancooking.com.
2. 1. 1- User Registry
In accordance with the already disposed, Catalancooking.com reserves some of
the Services offered through the Portal to the Registered Users of Catalancooking.com
through the filling of the corresponding form of Registry Users of Catalancooking.com
that will be at the disposal of the Users that they wish to.
The User compromises on selecting, using and preserving his user name or "login"
and his password or "password" (from now on and in a joint way the
"Key Codes") in accordance with the one established in the following
clauses.
2. 1. 2- Key Codes Assignment
The User will have the option to choose and to indicate his own Key Codes. The
User will not be able to choose as User Name words or rude expressions , abusive,
insulting, coincident with brands, trade names, signs of establishments, social
denominations, advertising expressions, names and pseudonyms of public significance
characters or famous for the utilization of which he is not authorized and,
in general, against to law, morality and public order. Catalancooking.com reserves
itself the right to eliminate from the Registry or to suspend any user name
that follows the mentioned characteristics.
2. 1. 3- Use and Custody
The User compromises on making a licit and diligent use of the Key Codes, as
well as on not putting his Key Codes to the disposal of a third part.
The User compromises on communicating irrefutably to the Webmaster of Catalancooking.com,
as quick as possible, the loss or robbery of the Key Codes as well as any risk
of access to the same ones by a third part.
The Key Codes will only be able to be used by the Users they had assigned it.
Catalancooking.com comes off exonerated from any type of responsibility that
may be reported because of troubles or injuries caused due to a fraudulent use
or lack of diligence in key codes custody, loss or use contravening the disposed
in these General Conditions.
2. 2- Contents and Performances of the User
The User engages to make licit, diligent, honest and correct use of all the
information or contents to which he has access or through the web page of Catalancooking.com
or of third previously provided by Catalancooking.com always under the principles
of good faith and with respect in every moment to the valid legality.
The User will have to abstain from obtaining, not for personal use, an information
(meaning information any message, sound libraries, pictures, drawings, software
and in general any class or type of computer archive, file, graph etc.) that
is property of the Portal.
Also, the User acquires the commitment of not provoking nor wanton not even
intentionally troubles or harm that may alter the Portal itself, not introducing,
nor spreading the denominated "computer viruses" that can produce
non authorized alterations of the contents or systems of the Portal. The acquired
commitment must be in accordance with the one ordered in the law, morality and
public order; not copying, replaying, distributing, yielding, transforming or
modifying the contents without previous consent and in writing of Catalancooking.com
or person for this portal delegated on.
In this respect, Catalancooking.com is exonerated from any type of failure
or computer virus introduced by third.
Fulfilling all the willing requirements related to rights of copyright, industrialist
and another analogous.
- Contents of the Portal
The Portal has the aim to provide a service of information and distribution
of products and services.
This Data Base is property of Catalancooking.com and, complete technical description
etc, contains the necessary information that the customer could need as well
as an continous updateof the prices.
The provided information does not have to be considered in any moment either
complete or exhaustive because of the varied gamma of products and existing
services in the sector. Catalancooking.com for his part will try in the measure
of its possibilities to update constantly the prices of the products through
a constant communication with the suppliers and manufacturers.
Catalancooking.com manifests that the offered product usually corresponds with
the picture and description. However the Portal comes off exonerated from responsibility
for those suppositions in which for technical or human errors there were mistakes
or variations between the picture, the description and the price. Also, is brought
to light that the pictures have a guidance character being able to exist some
variations from its physical look but without reducing the integrity and characteristics
of the requested product.
Catalancooking.com is exonerated from the contents, information, opinions or
comments spread through its Portal nor will be responsible for the use that
the User makes of this information.
3- Rights and Duties to Catalancooking.com
Catalancooking.com will be responsible única and exclusively to the services
that it|he|she loans directly for her and of the contents originated for the
Portal itself|himself and identified with its|his|her|their corresponding copyright.
Catalancooking.com commits itself to the adoption of the means and necessary
measures that guarantee the privacy and security in the communications. The
Portal will come off exonerated when, adopted the pertinent safety measures,
these were harmed by external agents.
Catalancooking.com will not be responsible for opinions or content of any type,
which has its origin in a User or third party or entities that have access to
the Portal, and will not be responsible even in an indirect or subsidiary way,
from any contents, information, they transmit, communicate, treat, exhibit or
bandage this information on the Portal owned by Catalancooking.com.
Catalancooking.com reserves the right to suspend temporarily the service without
previous noticeto a User, whenever it is necessary due to maintenance, update
or improvement of the service. The Portal will also be able to modify the conditions
of access and contents of the Portal, to block, stop, restrict, suppress or
withdraw the access to the services to the Users when these did not make a lawful,
honest and diligent use of the services offered by the Portal. In the same line
it will be able to withdraw, block or restrict the use of the introduced contents
for third party that were illicit, racists, criminal, terrorism apology, violation
of human rights, slanderous, pornographic, constitutive of swindle or in any
other way that infringe the laws or applicable regulations wether national or
international.
Catalancooking.com does not assure the availability and permanent continuity
of the Portal because of interruptions, failures etc. as well will not be responsible
for the troubles and harm caused to the Users by computer viruses or external
agents that third party can deposit in the Portal or in the electronic documents
and files being stored in the computer system.
The Portal puts at the disposal of the Users certain tools such buttons, banners,
links or links that allow the User to access other sites related with the social
object of the Portal or not. These tools have the aim to provide and facilitate
the navigation to the User, not being Catalancooking.com responsible for the
sites that the User accesses through its page, if Right to the Honor may result
affected. Access to these links will be under User responsibility. Catalancooking.com
will try in the measure of its possibilities to check out these links, restricting,
blocking or suspending these buttons when they attempt against the principle
described in the present General Conditions.
4- Offers, Prices, Payments and Delivery Times
On the basis of its commercial policy, Catalancooking.com will be able to
carry out final variations, for acquisition of products of a certain entity
or significance as well as other that Catalancooking.com can stipulate in a
due moment. However, Catalancooking.com will freely and voluntarily offer these
discounts to whoever and whenever it is considered to, not being able to be
required and to be requested in any moment for the customer.
The price that appears to the side of the product indicated includes the VAT
but NOT the expenses of shipping manipulation.
Catalancooking.com reserves itself the right to modify unilaterally the prices
of the products without the need for previous notice. Catalancooking.com will
also be able to reward its customers with discounts. This discount will be carried
out for free by Catalancooking.com and voluntarily and in its only discretion.
The additional discounts and promotional gifts for amount or volume of order
will be exclusively the ones picked up by Catalancooking.com in its offer and
will have validity until the expiration of the distinguished period or exhaustion
of its stock.
Shipping and manipulation costs will be specified in the order customers basket.
These costs will vary depending on the destination chosen by the customers.
To carry out a purchase it will be necessary to fill in the basket with the
purchase and having proceeded previously to filling the corresponding user form,
issue the order with the definite prices of the products as well as with the
approximate delivery deadlines.
The delivery time will depend on the products and on the country in which
the sending is made, as well as on the type of sending chosen, if more than
one is available. In any case delivery time starts when Catalancooking.com processes
the order, sending an email indicating such status change, and never when the
purchase is performed. The delivery of any of the products ans services is subject
to the plan of availability of Catalancooking.com. The best efforts will be
made to provide products and services in the foreseen date and place. However,
the Portal will not acquire responsibility whenever it is for external causes
to Catalancooking.com.
If delivery is delayed 15 days and imputable to Catalancooking.com, previous
written request of the customer, the complete refund of the pre-paid amount
will be performed. Likewise, Catalancooking.com maximum responsibility due to
any emergent harm, direct or indirect, will be the value of the merchandise.
CatalanCooking.com will not be obliged to total or partial refund the user
for the amount paid by food products which the user wants to cancel.
CatalanCooking.com will not be obliged to total or partial refund the user
for the amount paid by course reserves which the user wants to cancel.
Catalancooking.com reserves the right to confirm courses reservation until
15 days before its offered date. Confirmation will be sent via email to users.
In case a course may not take place, Catalancooking.com will refund its customers
without need to ask for it.
Orders will be processed once Catalancooking.com checks the payment.
In case a bill is requested by the user, Catalancooking.com will sent it via
email to the specified registered email.
Catalancooking.com will hardly try to provide all products in an identical
way as to how they appear in the Portal. However, its suppliers can vary in
certain occasions its characteristics or amounts offered without previous notice.
Catalancooking.com will be able to modify these in a non substantial way,
without committing because of that any type of responsibility.
A copy of the delivery note of the complete order accompanies each expedition.
The receiver forces himself to check out the number of his order and that of
the delivery match. Expected bulk number and delivered by the carrier will also
have to be checked.
On the delivery of the merchandise, the User will have to sign the delivery
note giving his conformity to the provided goods. The conformity of the User
in the delivery note of delivery implies the renunciation to any type of claim
or complaint with respect to the merchandise asked for and received.
The merchandise travels to its destination assured in every risk by Catalancooking.com,
being the cost of this insurance included in the price corresponding to the
epigraph of shipping and manipulation.
To have insurance cost refunded, it is a must to indicate in written form,
in the delivery note of the Transporter, any incidence with respect to the received
merchandise or its packaging. It is also indispensable that this incidence is
communicated to Catalancooking.com in les than 24 hours, via e-mail or telephonically.
If these conditions are not fulfilled, Catalancooking.com will not assume any
responsibility about this merchandise.
5- Guarantee
The guarantee is applied whenever the product is used under manufacturers way
of use. Catalancooking.com is not forced to refund the user or a third party
for the consequences of a bad use of the product, direct or indirect harms,
accidents suffered by persons, harm suffered by the purchased goods third party
products, losses of benefit or profit, harms coming from a deterioration or
data losses.
Catalancooking.com will not be responsible for provided products failures or
faults. Manufacturers will assume the defects its own product may have.
Catalancooking.com will be able unilaterally and to its discretion to facilitate
the formalities towards the manufacturer.
The products remain out of guarantee for the following reasons:
-if they receive, once given to the customer, any deterioration for being made
external, accidents, bad follow-up of the instructions or change in the electrical
tensions.
-if they are damaged for carrying out any incorrect configuration or installation
of the programari,maquinari and peripherals, on the part of the customer.-if
a failure caused by a component not supplied by Catalancooking.com is produced.
-products not supplied by Catalancooking.com that are added to the ones supplied
by Catalancooking.com do not enter in guarantee.
-if the general conditions by a manufacturer for a product, request it.
6- Refunds & Returns
Catalancooking.com will not accept returns in the sold products that can be
replayed or copied easily and with immediate character. The return of any merchandise
will require the agreement of both parts. Catalancooking.com reserves itself
the right to request a compensation possible damage suffered by the merchandise,
as well as to retrieve the direct expenses due to the return. Catalancooking.com
will only accept the refund & return of the merchandise if:
1- In the deadline marked to this effect for the Law, the buyer exercises its
right of resolution. Catalancooking.com will accept the exercise of the mentioned
right only when the merchandise was in the same state (not dissealed nor installed)
that was given to him and perfect for sale, with its corresponding original
packaging, in perfect state, and having fulfilled the requirements established
in the point that describes the delivery.
2- The merchandise was defective: In this respect Catalancooking.com will be
in the ordered in the Law of Defective Products, proceeding to substituting
immediately the product for another with identical conditions and contributions.
3- The merchandise was not provided in the deadline previously indicated by
Catalancooking.com in its OFFER.
4- Catalancooking.com will proceed to refund the amount of the merchandise when
for non imputable causes (direct or indirect), it was impossible to serve it.
5- Catalancooking.com will accept the refund of the merchandise when for causes
imputable to the Portal, the requested product did not correspond with the one
requested by the customer.
The present General Conditions will automatically extinguish due to the extinction
of the Company Catalan Cookins SCP or for the presentation of requests of declaration
of bankruptcy (voluntary or necessary), suspension of payments, competition
of creditors, general cession of goods in favor of creditors, cessation of the
typical activities of the company, request of deduction or waiting etc.
By virtue of the ordered in the Law of Ordering of the Retail Trade as well
as in the one regulated by the community regulations (Directive 97/7/CE), Catalancooking.com
will concede a deadline of 15 days for the resolution or desist of the contract.
In spite of the stated, Catalancooking.com and according to that ordered in
the quoted Directive and Law of Ordering of Retail Trade, it will be able to
consider that when the products requested by the customer were clearly personalized
and carried out according to the specifications of the consumer, or other, the
quoted right of resolution will not prevail not even the present general conditions,
prevailing therefore the subscribed interparts contract of sale and purchase.
This contract will be issued by Catalancooking.com and will be remitted to the
customer with the aim of accepting the conditions by him willing and renouncing
to the present General Conditions.
7- Copyright
The whole of the contents that are accessed to through the service offered by
Catalancooking.com are subject to the Rights of Copyright and Industrialist
of Catalancooking.com or by a third party.Contents will not be able to be used,
distributed, duplicated, sold, exploited or any other form with commercial purpose
or not, without the previous one and preceptive consent of the owner (Catalancooking.com).
Catalancooking.com will be responsible with respect to the brands, logotypes
and other distinctive signs incorporated all over the Portal and that are an
property of Catalancooking.com, as well as holder of all the rights of Copyright
or Industrial or as llicenciatari of the same ones.
All contents and integral parts of Catalancooking.com Portal have been included
according to the principles of the good faith, with total or partial information
coming of external sources for which Catalancooking.com does not make responsible
in any way of the inaccuracy or no updating of the offered contents.
In return all those contents coming from internal sources will be duly identified
with its copyright. The entity reserves itself the right or faculty of making
any change in any moment without the need for previous notice. All the included
contents in it coming from internal sources that carry its copyright sign, are
only and exclusively responsibility of Catalancooking.com.
8- Data protection
Catalancooking.com is fully aware of the use and treatment which is necessary
to personal data character and by virtue of the existing legal regulations to
give in this respect, it has been implanted in the sinus of its organization
a system to preserve the security, integrity and confidentiality of personal
data.
In this way, fulfilling in a complete way the willing requirements in the Organic
Law 15/1999, of 13 December, Protection of Personal Character Data, not alone
a legal a use is guaranteed but also loyal as well as a suitable system to exercise
the rights of rectification access, cancellation and opposition willing in the
already mentioned Organic Law.
The recruitment on the part of the Users of the services offered in this web
page, will imply the express consent of this, for the use, treatment and cession
of data to entities that direct and indirectly have professional relations for
the contribution of this service or to companies of the GROUP that could be
educated in its due moment.
Catalancooking.com will keep all personal data in an automated file the purpose
of which is the management, control, prevention and maintenance of the service
to offer.
This file, complies with all requirements and willing guarantees in the regulations
about Data Protection. Catalancooking.com will collect uniquely and exclusively
the details of the Users, being these at all times suitable, pertinent and non
excessive. The Users authorize Catalancooking.com to treat their personal data
automatedly informing them about the rifht to exercise their rights of access,
rectification, cancellation and opposition in the Registry of Catalancooking.com
in the address that to this effect distinguishes itself.
Catalancooking.com commits itself to the fulfillment of its duty to guard and
custody, confidentiality and privacy of the transmitted data. Catalancooking.com
acquires the commitment to adopt the safety measures imposed by the Law of Data
Protection at the corresponding level as well as to adopt the necessary measures
to avoid its alteration, loss or non authorized access, taking the state of
the technology into account at all times. In this respect please watch Privacy
Policy of the portal Catalancooking.com
In accordance with the ordered in the Privacy Policy of Catalancooking.com,
any person will be able to exercise his rights of access, rectification, cancellation
and opposition through the sending of an email to the address info@catalancooking.com.
9- Legislation
The present General Conditions undergo the current legislation in the spanish
state, which will be applicable in relation to its validity, interpretation,
execution and fulfillment. All discrepancies, claims and controversies with
respect to the disposed will formerly be solved through an arbitration of Right
in accordance with the rules of the Civil and Mercantile Cort of arbitration
of Barcelona the regulations of which they will undergo. This Laudo will be
compound for three arbitrators nominated according to these regulations. If
the arbitration did not manage to be carried out by mutual agreement or was
declared null, both parts will undergo the Courts of the city of Barcelona,
with express renunciation to his own jurisdiction if this was another.
The User, states to have read, know and accept the present General Conditions
in all its extension. Copyright © Catalancooking.com. All reserved rights.
Total or partial reproduction forbidden.
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