Legal Notice

LEGAL NOTICE

The website www.benbogourmet.com (hereinafter the "Website") is the property of EUSTAQUIO ABAD GUERRA (hereinafter "the person responsible"), with Tax ID 22145859X and address at Calle TRAVESSIA, N.26, BJ-IZ, Novelda, 03660 Alicante.

The person in charge welcomes you and invites you to read carefully the General Conditions of Use of this Web Site (hereinafter, the "General Conditions of Use") that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the Spanish regulations of application. Given that the person responsible may modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

In order to ensure that the use of the Web Site complies with criteria of transparency, clarity and simplicity, the person in charge informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting the telephone number 679391708 or the e-mail address: comercial@benbogourmet.com.

1. Purpose

The responsible party provides the content and services that are available on the Website, subject to these General Conditions of Use as well as to the policy on the treatment of personal data (hereinafter, the "Data Protection Policy"). Access to this Web Site or its use in any form grants you the qualification of "User" and implies the unreserved acceptance of each and every one of these General Conditions of Use, reserving the responsible party 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 on which he/she accesses this Web Site, so if the latter does not agree with any of the aforementioned, he/she must abstain with respect to the use of this Web Site.

Likewise, you are warned that, on occasions, special conditions may be established for the use of specific contents and/or services on the Web Site, the use of said contents or services will imply acceptance of the particular conditions specified therein.

2. Services

Through the Website, the person responsible offers Users the possibility of accessing information on the products and services provided, as well as the purchase and contracting of such products and services.

3. Privacy and Data Processing

When for access to certain contents or services it is necessary to provide personal data, Users will guarantee their veracity, accuracy, authenticity and validity. The person in charge will give to the above mentioned data the automated treatment that corresponds in function of its nature or purpose, in the terms indicated in the section of Politics of Privacy.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents shown on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights over the contents and/or any other elements inserted in the page, which are the exclusive property of the party responsible and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding harmless the person responsible for any claim arising from the breach of such obligations. Under no circumstances does access to the Website imply any type of waiver, transmission, licence or total or partial cession of said rights, unless the contrary is expressly established. 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 other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to prior express authorization specifically granted for this purpose by the responsible or third party owner of the rights affected.

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 copyrights by intellectual property legislation. The person responsible is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorization for the use of such elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or in any medium, unless with the prior written permission of the Entity.

It is also forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Site undertakes to respect the rights stated and to avoid any action that could harm them, reserving the responsible party the exercise of any means or legal actions that correspond to him in defence of his legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User undertakes to:

a) To make adequate and lawful use of the Website as well as of 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 morals and good customs and (iv) public order.

b) Be provided with all the means and technical requirements necessary to access the Website.

c) To provide truthful information by filling in the forms contained in the Website with their personal data and to keep them updated at all times so as to respond, at all times, to the real situation of the User. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the responsible party or third parties by the information provided.

Notwithstanding the provisions of the preceding paragraph, the User must also abstain from:

a) Make unauthorized or fraudulent use of the Website and / or content for illegal purposes or effects, prohibited in these Terms of Use, harmful to the rights and interests of others, or in any way can damage, disable, overburden, impair or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.

b) Accessing or attempting to access resources or restricted areas of the Website, without complying with the conditions required for such access.

c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.

d) Introduce or spread on the network computer viruses or any other physical or logical systems that are likely to cause damage to physical systems.

7. Hyperlinks

The User undertakes not to reproduce in any way, even by means of a hyperlink or hyperlink, the Website of the party responsible, as well as any of its contents, unless expressly authorised in writing.

The responsible party's website includes links to other websites managed by third parties, with the aim of facilitating the User's access to the information of collaborating and/or sponsoring companies. Accordingly, the person responsible is not responsible for the content of such websites, nor is placed in a position of guarantor or provider of services and / or information that may be offered to third parties through 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 link to our Website (i) may not imply that the person responsible recommends that website or its services or products; (ii) may not misrepresent their relationship with the person responsible or affirm that the person responsible has authorized such a link, nor include the responsible person's trademarks, designations, trade names, logos or other distinguishing marks; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination on the basis of sex, race or religion, contrary to public order or unlawful; (iv) may not link to any page on the Website other than the home page; (v) must link to the Website's own address, without allowing the linking website to reproduce the Website as part of its website or within one of its frames, or create a browser on any page on the Website. The person responsible may, at any time, request that any link to the Website be removed, after which he or she must immediately proceed with its removal. The person in charge cannot control the information, contents, products or services provided by other websites that have established links to the Website.

Consequently, the party responsible assumes no responsibility for any aspect relating to such websites.

8. Data protection

In order to use some of the Services, Users must first provide certain personal data. To this end, the person responsible will automatically process the Personal Data in compliance with Regulation (EU) 2016/679, Organic Law 15/1999 of 13 December on the Protection of Personal Data and other implementing regulations. The User may access the policy followed in the treatment of data in accordance with the provisions of the Privacy Policy of this Website.

9. Cookies

The responsible party reserves the right to use the "cookie" technology on the Website, in order to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language, or more desired or specific content. The "cookies" used by the Website, or the third party acting on its behalf, are associated only with an anonymous user and his/her computer, and do not in themselves provide the user's personal data.

Cookies are files sent to a browser by means of a Web server to record the User's navigation on the Web Site, when the User allows its reception. At the same time it will be able to eliminate the "cookies" for which it will have to consult the instructions of use of its navigator.

Thanks to cookies, it is possible for the person responsible to recognise the browser of the computer used by the User in order to facilitate content and offer the navigation or advertising preferences of the User, to the demographic profiles of the Users as well as to measure visits and traffic parameters, control progress and number of entries.

10. Duration and termination

The provision of the service of this Website and the other services are in principle of indefinite duration. However, the person responsible may terminate or suspend any of the services of the portal. Whenever possible, the person in charge will announce the termination or suspension of the provision of the given service.

11. Declarations and Warranties

In general, the contents and services offered on the Website are merely informative. Therefore, by offering them, the person responsible does not give any guarantee or statement regarding the contents and services offered on the Website, including, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy, or marketability, except to the extent that by law such statements and guarantees cannot be excluded.

12. Force majeure

The person responsible shall not be liable in all cases of inability to provide service, if it is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts or omissions of the Government and, in general, all cases of force majeure or fortuitous event.

13. Resolution of controversies. Applicable law and jurisdiction

The present General Conditions of Use, as well as the use of the Web Site, will be governed by Spanish legislation. Any controversy will be resolved before the courts of the headquarters of the responsible party.

In the event that any provision of these Terms of Use is unenforceable or invalid under applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity will not make these Terms of Use unenforceable or invalid as a whole. In such cases, the responsible party 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 claim reflected in the original stipulation.