1. Corporate name: Forn de sa Plaça Artà S.L.
2. NIF: B16601387
3. Address: Avda. des Pujols, 19 - 07570 Artà
4. Email address: info@forndesaplaça.com
5. Telephone: 971835232
GENERAL CONDITIONS OF CONTRACT FOR THE PROVISION OF SERVICES BETWEEN FORN DE SA PLAÇA AND ITS PORTAL USERS
1. GENERAL CONDITIONS OF CONTRACT INFORMATION PRIOR TO THE MAKING OF A CONTRACT
1.1. These General Conditions of Contract together, where appropriate, with the Particular Conditions that may be established, expressly regulate the relationships arising between Forn de sa Plaça Artà S.L., with address at AVINGUDA DEL PUJOL, 19 - 07570 ARTÀ and with CIF B16601387 (henceforward "the portal") and third parties (henceforward "users") who contract the provision of services or products offered through the portal.
1.2. These General Conditions have been prepared in accordance with the provisions of Law 7/1996, of January 15, on the Regulation of Retail Trade, Law 7/1998, of April 13, on General Conditions of Contract, Law 34/2002, of July 11, Services of the Society of Electronic Information and Commerce, Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, and Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, and various legal provisions resulting therefrom.
1.3. By the use and /or the provision of any of the services of the portal, they assume the acceptance as user, without reservations of any kind, of each and every one of the General Conditions of Contract, of the General Conditions of Use of the portal as well as to any of the Particular Conditions that may apply.
1.4. Forn de sa Plaça Artà S.L. hereby declares that the procedures for carrying out the acquisition of goods and/or obtaining the provision of the services offered, are those described in these General Conditions, as well as those other specific ones that are indicated on the screen during navigation, so that the user declares knowledge and acceptance of the said procedures as being necessary for accessing the products and services offered on the portal.
1.5. All information provided during the contracting process will be stored by Forn de sa Plaça Artà S.L.. Any modification or correction of the data provided by the users during navigation must be made according to the directions included on the portal.
2. SERVICES OFFERED ACCESS TO SERVICES
2.1. The services offered on the portal will be governed both by what is established in the current General Conditions, and especially by the provisions of the Particular Conditions established for each of said services.
2.2. In order to access the provision of the products offered through the portal, Forn de sa Plaça S.L. may provide the user with a user name and a secret password ("password"). The user name and password provided by Forn de sa Plaça S.L. to the user are identifying and enabling elements nececessary to access the services and are personal and non-transferable. Forn de sa Plaça S.L. may make, with appropriate notice, modifications to the user's name and / or password, in which case the modified codes will lose their validity.
2.3. All the means and technical requirements necessary to access the portal and the services offered therein will be the sole responsibility of the user, as well as any expenses or taxes to which the provision of said services may give rise.
2.4. Once they have accessed them, and in order to proceed with the use of the different services, the user must follow all the indications and instructions displayed on the screen, complying, for these purposes, with the Particular Conditions and other forms set for each service, which will mean the reading and acceptance of all the General Conditions of Contract, as well as, if applicable, the Particular Conditions that may be applicable.
2.5. In the event that an order has been placed, the Customer Service Team of Forn de sa Plaça will send the user by e-mail a proof of the contract effected, that will be attached to the invoice that will form a part of the delivery thereof.
3. FORMS OF PAYMENT
3.1. Credit card.
4. EXPENSES AND DEADLINES IN PROVISION OF SERVICES
4.1. The shipping costs will be calculated based on the weight of the shipment and its destination.
4.2. In the event of return, the shipping costs will also be refunded. Correspondingly, collection costs will be the responsibility of the customer.
4.3. We remind you that the prices indicated do not include import taxes (duties), which will be paid in cash at destination by the recipient of the merchandise.
4.4. The delivery time of orders will not exceed 30 calendar days.
5. APPLICABLE LEGISLATION SUBMISSION TO JURISDICTION
5.1. This contract will be governed by Spanish legislation, which will be applicable to the provisions of this contract regarding interpretation, validity and execution.
5.2. The parties expressly waive the jurisdiction that may correspond to them and expressly commit the Courts and Tribunals of Palma de Mallorca to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.
5.3. For the purposes of the provisions of Organic Law 15/1999 of December 13, Protection of Personal Data, Forn de sa Plaça Artà S.L. informs the user of the existence of a personal data file created with the data obtained on the portal for Forn de sa Plaça S.L., and under their responsibility, for the purposes of information and provision of the services offered on the portal. This file is registered in the General Registry of the Data Protection Agency
5.4. The user expressly accepts the inclusion of the data collected while browsing the portal, or provided by filling in any form, as well as those derived from a possible commercial relationship, in the automated data file of a personal nature referred to in the previous section. During the data collection process and in each place of the portal in which such data is requested, the user will be informed, either by means of a hyperlink, or by inclusion of appropriate details in the form itself, whether the request is mandatory or whether no collection of such data is required. The purpose is to sell products, inform existing users about offers in relation to existing services and inform them through Internet, SMS, advertising, suggestions or criticisms. We ask any user who decides to register on our portal for the data necessary for the purposes for which the portal is intended, which is none other than the sale of the products of Forn de sa Plaça, and for which are necessary the data of name and surname, delivery address, contact telephone number, NIF / CIF, billing address and company name, password and email address in order for them to obtain all the advantages of the system, and for all the information necessary to achieve the purposes referred to on the portal.
5.5. The user may exercise, with respect to the data collected in the manner provided in the previous section, the rights recognized in the Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and disagreement, whenever it becomes relevant, as well as the revocation of consent for the transfer of your data or for any of the uses indicated. The rights referred to in the preceding paragraph may be exercised by each user through a cancellation request form that will be requested by email. The written and signed request may be sent by postal mail to the following address: Forn de sa Plaça, with address at AVINGUDA DEL PUJOL, 19 - 07570 ARTÀ and with CIF B16601387, enclosing in both cases a photocopy of the User's DNI.
5.6. Forn de sa Plaça Artà S.L. hereby declares that if a user wishes to register on the portal, a whole series of data will be requested as mandatory for completion, as aforementioned, so that if these data are not provided / completed, they will not be granted entry to the Forn de sa Plaça S.L. portal. It will be the obligation of all users to guarantee that the information provided is accurate and up-to-date.
5.8. Forn de sa Plaça Artà S.L. undertakes to use the data included in the aforementioned file in a way which respects their confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to save them and adapt all measures to avoid alteration, loss, mistreatment or unauthorized access, in accordance with the provisions of Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, Personal Data Protection.
1.1. In general, the user undertakes to comply with these General Conditions of Use and, if applicable, the Particular Conditions that may apply, as well as to comply with special warnings or instructions for use contained therein or on the portal, and always act according to the law, in accordance with good practice and the requirements of good faith, using due diligence as to the nature of the service that they enjoy, abstaining from using the portal in any way that may prevent, damage or impair the normal functioning thereof, the assets or rights of Forn de sa Plaça, its suppliers, other users or in general any third party.
1.2. Specifically, and without implying any restriction to the obligation assumed by the user in general in accordance with the previous section, the user is obliged, in the use of the portal, as well as in the provision of services, to observe the following terms:
(i ) In the case of registering, the user undertakes to truthfully provide the data he provides and keep them updated;
(ii) Not to introduce, store or disseminate on or from the portal, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, which incites to violence, gives rise to discrimination based on race, sex, ideology, religion or which in any way violates morals or public order, fundamental rights, public liberties, honour, privacy or the image of third parties and in general the law in force;
(iii) Not to introduce, store or disseminate through the portal any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is likely to cause damage to the portal, to any of its services, or to any of the equipment, systems or networks of Forn de sa Plaça Artà S.L., to any user, to the suppliers of Forn de sa Plaça Artà S.L. or in general to any third party, or that in any other way is capable of causing any type of alteration or which impedes the normal operation thereof;
(iv) To properly guard the "user's name" and the "password" provided by Forn de sa Plaça Artà S.L. to the users, as identifying and enabling elements for accessing the different services offered on the portal, undertaking not to cede their use nor to allow access to them by third parties, assuming liability for the damages and losses that may arise from their improper use. Equally, the user undertakes to notify Forn de sa Plaça Artà S.L., as quickly as possible, of their loss or theft as well as any risk of access to the "user name" and/or the "password" by a third party;
(v) Not to carry out advertising, promotional activity or commercial exploitation through the portal, not using the contents and in particular the information obtained through the portal to send advertising or send messages containing the personal data of third parties;
(vi) Not to use false identities, nor to impersonate the identity of others in the use of the portal or in the use of any of the services of the portal, including the use of their passwords or the passwords of third parties or in any other way;
(vii) Not to destroy, alter, use for one´s own purposes, render useless or damage the data, information, programs or electronic documents of Forn de sa Plaça Artà S.L., its suppliers or third parties;
(viii) Not to introduce, store or disseminate through the portal any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to a third party;
(ix) It is prohibited to block, overwrite, copy or modify unless necessary for the correct use of the services of the websites;
(x) It is prohibited to access or attempt to access resources or restricted areas without meeting the conditions required for this;
(xi) Failure by the user, whether individual or company, in the obligations contracted or their failure to comply with current legislation will imply assuming the appropriate responsibilities especially in the case of damages and consequences derived from them; Forn de sa Plaça Artà S.L. is not liable for any of the content whatsoever posted by users.
1.3. Forn de sa Plaça Artà S.L. reserves the right to take any type of legal action against those who infringe the obligations assumed, including the cancellation of accounts and blocking access to the portal, among other action.
2.1. For the purposes of the present General Conditions, and for any communication that is necessary between Forn de sa Plaça Artà S.L. and the user, they should contact the Customer Service Team by email administracio@forndesaplaça.com. The communications of Forn de sa Plaça to the user will be made according to the data provided by him when registering on the portal. The user expressly accepts for all communications related to the use of the portal, and/or the contracting of the services offered in this, the use of electronic mail as a valid procedure for the submission of such communications.
2.2. Similarly, Forn de sa Plaça Artà S.L. may send to the users registered on its portal electronic communications related to activity in development by Forn de sa Plaça Artà S.L.. Among these communications you will find promotion alerts, special offers, etc. However, the consumer or user shall have the right to object to receiving unwanted commercial offers, by telephone, fax or other equivalent means of communication.
3. APPLICABLE LEGISLATION SUBMISSION TO JURISDICTION
3.1. These conditions will be governed by Spanish legislation, which will be applicable to the provisions of this contract regarding interpretation, validity and execution.
3.2. The parties expressly waive the jurisdiction that may correspond to them and submit expressly to the Courts and Tribunals of Palma de Mallorca to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.
4. LIABILITY OF FORN DE SA PLAÇA
4.1. Forn de sa Plaça Artà S.L. will only be liable for damages that the user may suffer as a consequence of using the portal when said damages are attributable to a malicious act of this company. The user acknowledges and accepts that the use of the portal, as well as the provision of the services offered therein, is carried out at his own risk and under his sole responsibility.
4.2 Forn de sa Plaça Artà S.L. is not liable for damages that may arise from, but not limited to:
(i) Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this electronic system or in the devices and computer equipment of users, motivated by causes outside the control of Forn de sa Plaça, that prevent or delay the provision of services or navigation through the system;
(ii) Delays or blockages in use caused by deficiencies or overloads of the Internet or in other electronic systems;
(iii) ... or that may be caused by third parties through illegitimate intrusions outside the control of the portal and that are not attributable to Forn de sa Plaça Artà S.L.;
(iv) Forn de sa Plaça Artà S.L. will not be liable for the availability and continuity of the functioning of the portal or of the websites with which a link has been established;
(v) ... or for the impossibility of providing the service or allowing access for reasons not attributable to Forn de sa Plaça Artà S.L., due to the user, to third parties, or in cases of force majeure;
(vi) It is not liable for any possible damages and losses that may arise from such lack of availability and continuity.
4.3. Forn de sa Plaça Artà S.L. does not control, in general, the use that users make of the portal. In particular Forn de sa Plaça Artà S.L. does not guarantee under any circumstances that users will use the portal in accordance with the law, these General Conditions, morality, generally accepted good practice and public order, nor that they will do so diligently and prudently.
4.4. Forn de sa Plaça Artà S.L. will use programs to detect viruses in order to control the contents that are introduced into the portal by users. However Forn de sa Plaça Artà S.L. does not guarantee the absence of viruses or other elements introduced into the portal that may have been introduced by any third party outside the control of Forn de sa Plaça Artà S.L. (whether a user or not) and that may introduce alterations in the physical or logical systems of users or in the electronic documents and files stored in their systems.
4.5 Forn de sa Plaça Artà S.L. takes security measures to protect the portal and its contents against computer attacks by third parties. However, it cannot guarantee that third parties have access to the type of portal that the user does or the conditions, characteristics and circumstances under which such use is carried out. Therefore Forn de sa Plaça S.L. is not liable in any case for any damages that may arise from such use or unauthorized access.
4.6. The Forn de sa Plaça Artà S.L. portal is not liable for the content, services, information or in general anything that may appear on the portals to which Forn de sa Plaça S.L. has access through the link that has been established on the latter.
4.7. In the event that any of the General Conditions, and/or Particular Conditions, were declared null and/or void, this will not affect the effectiveness of the rest that will remain binding between the parties. In the event that it is established that any of the parties may waive the right to demand at any given moment the fulfilment of any of the General Conditions, and/ or Particular Conditions, as the case may be, this will not mean that the fulfilment of the rest of the conditions will be waived as a general rule, nor will it imply the creation of an acquired right for the other party.
PROCEDURES THAT MUST BE FOLLOWED WHEN ENTERING INTO A CONTRACT ONLINE USING THE FORN DE SA PLAÇA PORTAL
2. Enter your personal and/or business data and accept previous conditions.
3. The electronic document of the contract will be filed in the Forn de sa Plaça S.L. entity and a copy will be sent to your email.
4. If there is an error in entering data, re-enter them, indicate error and continue process.
5. This contract is formalized in Spanish.
6. The contracting party accepts the price and the General Conditions of Use of the portal and each and every term of the contract..