General conditions of use and acceptance thereof
1.1 These General Conditions of Use of the website, together with the General Conditions of Contract, and/or the Specific Conditions that may be established, (hereinafter general terms and conditions) are intended to regulate the availability of information and commercial relationship that may arise between Albenfruit S.L.U. and users of the website.
The browsing and/or use of this website confers on the visitor the condition of User and implies their full and unreserved acceptance of each and every one of the General Conditions in force at the time they access the www.albenfruit.es website as a User.
1.2 Albenfruit S.L.U. may, at any time and without prior notice, modify these general terms and conditions in Title II below, by publishing such modifications on the website to inform its Users.
Given that Albenfruit S.L.U. may in the future modify these general terms and conditions, it is recommend that the User visits them periodically to ensure that they are duly informed of the changes made.
General conditions of use of the website
These general terms and conditions shall apply both to the information and to all the services offered on the website, and they shall apply at all times with regard to the simple browsing around the website.
Personal data protection policy
The protection of the personal data of its clients and third parties is one of the concerns of Albenfruit S.L.U. In order to preserve and ensure privacy, Albenfruit S.L.U. informs the User that all personal data provided through the website will be handled confidentially and in accordance with Organic Law 15/1999 dated 13th December concerning Personal Data Protection (LOPD).
For the purposes of the provisions on the LOPD, Albenfruit S.L.U. informs the User that there is a personal data file created and maintained under the responsibility of Albenfruit S.L.U..
The User acknowledges and accepts that all the contents displayed on the website and in particular, 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 Property rights and all brands, trade names or distinctive signs, all intellectual property rights on the contents and/or any other elements inserted in the page, are the exclusive property of Albenfruit S.L.U. and/or third parties, who have the exclusive right to use them in the course of trade.
To this end, the User undertakes not to reproduce, copy, distribute, make available or in any other way communicate publicly, transform or modify such content, ensuring Albenfruit S.L.U. remains unharmed from any claim arising from the breach of such obligations. In no case does access to the website imply any waiver, transmission, license or total or partial transfer of such rights, unless expressly stated otherwise. These general terms and conditions do not grant 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 therein. Any other use or exploitation of any rights shall be subject to the prior express authorisation specifically granted to that effect by Albenfruit S.L.U. or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programmes, 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 copyright protected by intellectual property laws. Albenfruit S.L.U. is the owner of the elements that make up the graphic design of the website, menus, browsing buttons, HTML code, texts, images, texts, charts and any other content of the website or, alternatively has the corresponding authorisation for the use of such elements. The content of 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 the contents may contain. The User of the website agrees to respect the rights outlined herein and to avoid any action that might harm them, in any case Albenfruit S.L.U. reserves the right to exercise any applicable means or legal actions in defence of their legitimate intellectual property rights.
5.1. Albenfruit S.L.U., shall only be liable for damages that the User may suffer as a result of using the website when such damage is attributable to the wilful misconduct of this company.
The User acknowledges and accepts that the use of the website is undertaken at their entire risk and under their own responsibility.
5.2 Albenfruit S.L.U. is not responsible for any damages that may arise from, but which are not limited to:
(i) Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in Users’ appliances and computer equipment, due to causes beyond the control of Albenfruit S.L.U., which prevent or delay the provision of services or browsing around the system;
(ii) Delays or blockages in use, caused by deficiencies or overloads on the Internet or other electronic systems, which may be caused by third parties through illegitimate intrusions beyond the control of the website and which are not attributable to Albenfruit S.L.U.;
(iii) Any discrepancies in the information, documentation and/or other contents of the website that may exist between the electronic version and the printed version;
(iv) The inability to provide the service or allow access for reasons not attributable to Albenfruit S.L.U., due to the User, third parties, or cases of force majeure.
5.3 Albenfruit S.L.U. does not control, in general, the use that Users make of the website. In particular, Albenfruit S.L.U. does not guarantee under any circumstances that Users will use the Service in accordance with the law, the general terms and conditions, generally accepted good faith, common decency, and public order, or that they will do so in a diligent and prudent manner.
Obligations of the User
6.1. In general, the User undertakes to comply with the following general terms and conditions, as well as comply with the special warnings or instructions for use contained therein or on the website, and to always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they are using, refraining from using the website in any way that may prevent, damage or impair its normal functioning, the property or rights of Albenfruit S.L.U., other Users or in general any third party.
6.2. Specifically, and without this implying any restriction on the obligation assumed by the User, generally and in accordance with the previous section, the User undertakes, while using the website, to adhere to the following:
(i) In the case of registration, the User undertakes to provide truthful data and to keep this updated;
(ii) Not to introduce, store or distribute on or from the Website, any information or material that may be considered defamatory, insulting, obscene, threatening, xenophobic, that incites violence or discrimination on the grounds of race, sex, ideology, religion or in any way violates morality, public order, fundamental rights and public freedom, honour, privacy or the image of others and, in general, the regulations in force.
(iii) Not to introduce, store or disseminate through the website any software, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the website, any of the services, or any of the equipment, systems or networks of Albenfruit, any User, or in general any third party, or in any other way capable of causing any alteration or preventing their normal operation.
(iv) Not to carry out advertising, promotional or commercial exploitation activities through the website, not to use the contents and in particular the information obtained through the website to send advertising, to send messages for direct sales purposes or for any other commercial purpose, nor to collect or store any personal data of third parties.
(v) Not to destroy, alter, take for their own use, render useless or damage any data, information, programs or electronic documents of Albenfruit S.L.U. and/or third parties.
(vi) Not to introduce, store or disseminate through the website any content that infringes intellectual or industrial property rights, or third party business secrets, or in general any content which does not have, in accordance with the law, the right to make it available to third parties.
In order to ensure that the use of the website complies with criteria of transparency, clarity and simplicity, Albenfruit S.L.U. informs the User that if they have any suggestion, doubt or query regarding the general terms and conditions they should contact the Customer Service Department by e-mail at firstname.lastname@example.org, or by writing to Albenfruit, S.L.U. C/ Ferrers, 16 Polígono Industrial Cotes B, 46680, Algemesí, Valencia.
Applicable legislation. Submission to jurisdiction. Dispute resolution
These general terms and conditions, as well as the use of the website, shall be governed by Spanish law. Any dispute shall be resolved before the courts of the domicile of Albenfruit S.L.U..
In the event that any provision in these general terms and conditions were to be deemed non-enforceable or null and void by virtue of applicable law or as a result of a judicial or administrative decision, such non-enforceability or invalidity shall not render these general terms and conditions non-enforceable or null and void as a whole. Should this occur, Albenfruit S.L.U. shall modify or replace this provision with another that is valid and enforceable and that, as far as possible, achieves the objective and purpose reflected in the original provision.