1. Identification data
Complying with the legal obligations established on the section 10 of the Spanish Act 34/2002, of July 11th, on information society services and E-commerce, we provide hereinafter the website’s owner required data www.mercadodesanmiguel.es (from now on, the “Website”), service provider:
- Name or corporate name: EL GASTRÓDOMO DE SAN MIGUEL, S.L.
- Identity number or tax ID: B83439687
- Place of residence or address: Plaza del Marqués de Salamanca, 3-4, 2ª Planta
- E-mail address: firstname.lastname@example.org
- Contact telephone number: 915 42 49 36
- Booking data on the Mercantile Register: Recorded at the Madrid Mercantile Registry in volume 18,126, sheet 186, page M-313605.
2. General conditions of use
These general terms and conditions of access and use (from now on, the “Conditions”) aim to regulate the relationship between the Website’s owner, as a service provider, and the users who access, browse and enjoy this service (from now on, referred individually as the “User” or collectively as the “Users”).
The Website provides the Users general information about the Website’s owner, of its services and activities (from now on, the “Content”), everything in accordance with these Conditions. Since it is a professional page, its content is not addressed to under aged Users.
The Website’s owner reserves the right to modify these Conditions at any time at his sole discretion, so we recommend the User to check them frequently.
3. Intellectual and industrial property
3.1. Legal protection of the content
The Website’s owner is also the owner of the exploitation rights of intellectual and industrial property of the Website, as well as all its Content and elements (including but not limited to texts, images, audio and videos) available on the Website, as well as the ones stored in third parties sites, because they are owned by it, or because it has granted the proper rights for its use. The owner has also been granted the proper permission concerning the image rights of those who are shown in its Website.
It is forbidden the total or partial reproduction, copy or distribution of the Content, without an express permission by the owner. In any case it will be understood that the access and browsing of the User, implies a renunciation, transmission, licence or total or partial transfer of these rights on behalf of the Website’s owner. It is also forbidden to modify, copy, re-use, exploit, reproduce, publicly communicate, transfer, use, process or distribute in any way the total or partial Contents and elements of the Website for public or commercial purposes, without the express written permission of the owner.
Therefore according to the previous paragraph, the User will be able to display the Contents and Website elements, print, copy or download them as long as those actions are exclusively for private and personal use.
Likewise, it is forbidden the use of the contact details of the owner (postal address, telephone number, e-mail address) in order to send any kind of commercial communication, unless it is previously authorized according to the relevant regulation.
3.2. Associated brands and trademarks
The incorporated brands on the Website belong to the owner or to third parties, which are authorized for its use on the Website.
It is forbidden for those who browse on the Website to use those brands, trademarks and distinguishing signs without the owner’s consent or license of use.
4.1. Website suspension
The functioning of the Website is based on servers from service providers, connected through communications public and private infrastructures.
The Website’s owner will do everything possible to guarantee the proper functioning, although cannot ensure the absence of interruptions for technical reasons in order to carry out repair and maintenance tasks, lack of coverage or failures in the devices and/or networks, needed for the data transfer, outside the control of the owner.
Therefore, the access to the Website may be suspended by events of force majeure (unforeseeable reasons or expected but unavoidable) such as those listed below, but not limited to:
- Failures in power or telephone supply,
- Virus or attacks on servers that support the Website,
- Errors experienced by Users accessing the Website,
- Fires, floods, earthquakes or other acts of nature,
- Strikes or labour disputes,
- War conflicts or other situations of force majeure.
The Website’s owner is exonerated of any type of liability if they come to materialize any of the circumstances indicated hereby.
4.2. User‘s responsibility
The User shall use the Website at his or her own risk. By accessing it, you agree to use it in accordance with the applicable legislation and codes of ethics, as well as the conditions contained in these Conditions of use.
Failure to comply with any of the rules included in these Conditions, or the legislation under which they are protected, will give rise to the responsibility of the User vis-à-vis the owner of the Website and/or third parties, for any damage or injury that may be caused as a result of such non-compliance, regardless of whether it involves the materialization of an illicit, an administrative sanction, a misconduct or an offence and entitle the Website’s owner to, where appropriate, demand their liability within the scope of civil, administrative, professional or criminal matters.
4.3. Owner‘s responsibility
The Website’s owner shall not be liable for any damage caused to the User or third parties as a result of a breach attributable to the User or alteration of the User’s equipment.
Moreover, the owner also assumes no responsibility for any illegitimate interference through the use of computer viruses or any other source, improper use of the Website by the User or security errors caused by incorrect operation of terminal equipment used by the User.
4.4. User obligations
The User must not, at any time, modify, alter or delete any data, information, content or element included in the Website.
The User must use the services we provide in a diligent, proper and legal way. The User must not, by any chance, broadcast contents or propaganda of a nature that is racist, xenophobic, pornographic, or any apology of criminal, violent or denigrating acts against people and human rights.
They User must not include any software, virus, malware or any other damaging element for the computer systems that can harm or alter the company’s devices or the rest of the Users.
They User will be the only accountable for the damages caused by not complying with the conditions and obligations mentioned in these Conditions.
The User must not transfer, include or advertise himself/herself or third parties using any means available in our Website, unless he or she has the express consent of the owner.
The references made in our Website to third parties are included for information purposes only. The Website’s owner does not develop or manage third party websites and is not the owner of the mentioned links, unless indicated otherwise. Therefore, the owner shall not be liable for third party content or for any damage that may arise from this access, or caused by the services they provide.
The Website’s owner authorizes the establishment of links and hyperlinks from other websites to the home page of www.mercadodesanmiguel.es. Nevertheless, anyone who intends to establish a link between their website and the Website will do so respecting the following conditions:
- The website on which the link is established shall not contain any unlawful information or content contrary to morality, good manners, public order or any Rights of third parties.
- It shall not be declared or implied that the Website’s owner has expressly authorized the link or has previously supervised, assumed or recommended in any way the services offered or made available in the website that establishes the link to the Website. It is therefore recommended that anyone who browses the Website is extremely cautious in evaluating and using the information, contents and services available on the linked sites.
- The establishment of the link does not imply, in any case, the existence of relationships between the Website’s owner and the owner of the website in which the link is incorporated.
6. Personal data protection
The Website’s owner undertakes to process the User’s personal data in accordance with current legislation in this area. Specifically, it undertakes to apply the provisions of the Spanish Organic Law. 15/1999, of December 13th, on the Protection of Personal Data (LOPD); in Royal Decree 1720/2007, of January 19th, approving the Regulation implementing the LOPD and in the General Data Protection Regulation 679/2016 of April 27th, 2016.
7. Applicable Law
Those relationships established between the User and the Website’s owner, will be governed by the provisions of the legislation in force in relation to the applicable regulations and competent jurisdiction, in this case, the rules of the Spanish Law.
In those cases, where voluntary submission to a specific jurisdiction is possible, the Website’s owner and the User, waiving any other jurisdiction, shall submit to the Courts and Tribunals of the city of Madrid.