Terms and Use Conditions
1.2. The websites are owned of GRUP DE DISTRIBUCIÓ COSTA BRAVA SA (hereinafter CAFÉ CREM), whose corporate name is GRUP DE DISTRIBUCIÓ COSTA BRAVA SA, with headquarters in Polígono Industrial Bosc de Can Cuca, Calle Talleres, 18, 17410-Sils-Girona, with CIF A17435827. Registered in the Commercial Registry in Volume 2651, Folio 140, Registral sheet GI-153 and email address: firstname.lastname@example.org
1.3. CAFÉ CREM indicates to you that it is an obligation of the user to read the present conditions of use of the web sites, considered valid and therefore applicable, recommending to the users to print or to save a copy of the present “Terms and conditions of use” in order to later to have knowledge of them, though the same ones will be available every moment in the web page (www.cafecrem.com). All the conditions can be stored and reproduced by the users / customers through any tool of the conventional word processors on the market.
1.4. To be able to use and navigate the web sites of Conversia, the User must have (a) 18 years or more, or have 14 and to have the paternal consent or of the tutor to these terms, (b) to have aptitude to grant a binding contract with us and that no applicable law prohibits it, and (c) to be resident in Spain. The User also guarantees that all information provided to CAFÉ CREM is truthful, accurate and complete, and accepts it to be like that at all times.
2.2. The User declares himself as a natural person or legal entity, CAFÉ CREM declares, and the user admits, that CAFÉ CREM provides great diversity of information, services and data, assuming the user his responsibility in the correct use of the web sites. This responsibility will extend to all those uses and practices that the user carry out inside the web sites, as well as the use of the information, services and data offered by CAFÉ CREM.
3.1. Guidelines of access to websites
3.1.1. To access to the websites, the user must have an access and connection to the Internet Network, pay access fees, have the equipment / device and the electronic necessary systems to carry out the connection to the network, including a terminal that is suitable for the purpose (computer, phone, tablet, etc. …) and a modem or another device of analogous or similar access.
3.1.2. The user knows that the correct access and use of certain contents and services of the web sites, it can involve the unload in his computing devices certain computer programs or other logical elements. The user is the only responsible for the installation of the mentioned elements, declining CAFÉ CREM of any type of responsibility that from it could derive.
3.2. Guidelines for the use of websites by the user.
3.2.1. The user binds to carry out a utilization of the web sites, its conditions, services that could offer, contents of conformity with the Law, the Morality, the good Customs and the public order, not using it contrary to the present contents in this text, of harmful form for CAFÉ CREM or third parties, or that of any form he could damage, disable or deteriorate the web sites or its services, or prevent from a normal enjoyment of the web sites for other users.
3.2.2. The user will abstain from realizing actions that damage, interrupt or generate mistakes in CAFÉ CREM systems , as well as to introduce programs, virus, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are capable of causing any type of alteration in the computer systems.
3.2.3. CAFÉ CREM reserves the right to refuse or withdraw the access to the web sites and / or to the Services, at any time and without need of previous notice from those users who break the terms and conditions of use.
3.3. Limitation of responsability of CAFÉ CREM for the use of the web sites.
3.3.1. The web sites may contain advertising contents or be sponsored. The advertisers and sponsors are the only ones responsible of assuring that the sent material, for its inclusion in the web sites, expires with the laws that in every case could be of application. CAFÉ CREM will not be responsible of any mistake, inaccuracy or irregularity that the advertising contents could contain or of the sponsors.
3.3.2. CAFÉ CREM does all the necessary efforts to offer the information contained in the web sites of veracious form and without misprints. In the case that at some point there are any error of this type, foreign at all time to the will of CAFÉ CREM, it would proceed to the correction of the misprint as soon as possible and the information and options established in the force legislation will be facilitated to the user.
3.3.3. CAFÉ CREM will not be responsible opposite of the user, in respect of:
– The efficacy in the connection as well as the speed of access to the web sites by the user. The interferences, omissions, interruptions, computer virus , telephonic breakdowns or disconnections in the operation of the electronic system for external reasons to CAFÉ CREM.
– The information introduced by users and third persons, unaffiliated to CAFÉ CREM and those who do not hold any contractual agreement or contractual collaboration.
Linking Policy and exemptions of responsibility
4.1. CAFÉ CREM is not responsible for the content of web pages that the user may access through the links established on the platform and declares that in no case it will proceed to examine or exercise no type of control on the content of other pages network. Likewise, neither it will guarantee the technical availability, accuracy, veracity, validity or legality of pages outside to its property to which it could accede through the links.
4.2. CAFÉ CREM declares to have adopted all the necessary measures to avoid any damage that, to the users of its websites, they could derive from the navigation for Internet or the user could suffer.
Validity of the present text
5.1. CAFÉ CREM reserves the right to realize the modifications that it deems appropriate, without previous notice, in the content of the web site. Both in what concerns the contents of the sites, and in the conditions of use of them. The above mentioned modifications will be able to be realized, through the web site, by any admissible form in right and will be of obliged compliance during the time in which exclusively they are published and to disposition in the web sites and until they are not modified by later others.
5.2. CAFÉ CREM reserves the right to update the use, terms and conditions applicable to the web sites. Being always of application, in benefit of the user, the in force ones in the moment in which he accedes to the web site, as well as the in force ones to date of the possible request of services, if that were the case. The update will be prior notice through the website, which will open to access the page with a minimal advance of 15 days.
Intellectual and industrial property
6.1. All the texts, images, contents, logos, registered brands or not, as well as the means and forms of presentation and montage of the web sites, are original ownership or derivatively of CAFÉ CREM. Consequently they work or contents are protected as intellectual and / or industrial property by the Spanish legal system according to Royal Legislative Decree 1/1996 of April 12 so the Testo Consolidated Intellectual Property Act is approved and the Law 17/2001, of December 7, being also applicable both Spanish and Community regulations related to the aforementioned fields, such as international treaties on the matter and signed by Spain.
6.2. All the rights on the contents, are reserved remaining prohibited expressly the reproduction, distribution, public communication, transformation and / or any modality of use, of the totality or part of the contents of the web sites without the express consent of CAFÉ CREM.
Applicable legislation and jurisdiction
7.1. CAFÉ CREM reserves likewise the faculty to present the civil or penal actions that considers to be opportune for the undue utilization of its web pages and contents, or for the breach of the present conditions.
7.2. The parts ragree of their free wills that the relation among the user and CAFÉ CREM (GRUP DE DISTRIBUCIÓ COSTA BRAVA SA) will be ruled by the Spanish current regulation and they will be competent to decide on any controversy that might arise between the user and CAFÉ CREM. The courts or tribunals of the locality of Girona.
Sils (Girona), on July 27, 2015.
- In compliance of the Organic Law 15/1999, of December 13, about Protection of Information of Personal Character (LOPD for its Spanish abbreviation) and the Law 34/2002, of June 11, about Services of the Company of the Information and of electronic commerce (LSSI-CE for its Spanish abbreviation), CAFÉ CREM and GRUP DE DISTRIBUCIÓ COSTA BRAVA SA informs the users, that it has proceeded to create a page in the Twitter and Facebook Social Networks with the principal purpose to advertise its products and Services. Data of GRUP DE DISTRIBUCIÓ COSTA BRAVA SA;
The user has a profile in the Social Network and has decided to join the page created by CAFÉ CREM, showing interest in the information that is advertised on the network. On having joined our page, he facilitates his consent to us for the treatment of that personal information published his profile. The user can accede at all time to the policies of privacy in the own Social Network, as well as configure his profile to guarantee his privacy. CAFÉ CREM has access and treats the public information of the user, especially, his name of contact. These data, are only used within the own Social Network. They are not incorporated in any file. Regarding to the rights of access, rectification, cancellation and opposition, which you have and they can be exercised before CAFÉ CREM according to the LOPD, you must consider these nuances;
- Access: will be defined by the functionality of the Social Network and the capacity of access to the information of the users profiles.
- Rectification: you can only satisfy it in relation to that information that is under the control of CAFÉ CREM, for example to eliminate comments published in the page. Normally, this right should be exercised before the Social Network.
- Cancellation and / or Opposition: as in the previous case, you can only satisfy it in relation to that information that is under the control of CAFÉ CREM, for example to stop being attached to the profile.
Café Crem made the following actions;
- Access to the public information of the profile.
- Publication in the user profile of all that publicized information in the page of CAFÉ CREM.
- Send personal and individual messages through the channels of the Social Network.
- Updates of the state of the page that will be published in the user profile.
The user always can control his connections, eliminate the no longer interested contents and to restrict with whom he shares his connections, for it, he will have to accede to his private configuration.
The user, once joined the page of Café Crem, will be able to publish in the latter comments, links, images or photographs or any other type of multimedia content supported by the Social Network. The user, in all the cases, must be the holder of the same ones, enjoy the rights of author and intellectual property or to possess the assent of the affected third parties. Any publication is expressly prohibited in the page, whether texts, graphics, photographs, videos, etc. That commit an outrage or are capable to committing an outrage neither the moral thing, the ethics, the good taste or the propriety, nor that they infringe, violate or infringe on the rights of intellectual or industrial property, the right to the image or to the Law. In these cases, CAFÉ CREM reserves the right to remove immediately the content, being able to request the permanent blockade of the user. CAFÉ CREM will not be responsible of the contents that freely a user has published. The user must have present that his publications will be known by other users, for what he itself is the principal responsible of his privacy. The images that could be published in the page will not be stored in any file on the part of CAFÉ CREM but they will remain in the Social Network.
Contests and promotions
CAFÉ CREM reserves the right to realize contests and promotions, in that the user joined its page will be able to participate in it. The bases of each one of them, when the platform of the Social Network be in use for it, they will be published in the same one. Complying always with the LSSI-CE and with any other norm that it is of its application. The Social Network does not sponsor, endorse neither administers, in an any way, any of our promotions, nor is associated with any of them.
CAFÉ CREM will use the Social Network to advertise its products and services, in any case, if it decides to treat its data of contact to realize direct actions of commercial prospecting, will be always, accomplishing with the legal requirements of the LOPD and of the LSSI-CE. It will not be considered advertising the fact of recommending the page of CAFÉ CREM to other users in order that they also could enjoy the promotions or to be informed about its activity. Here we detail the link to the politic policy of privacy of the Social Networks:
- Facebook: https://www.facebook.com/help/323540651073243
- Twitter: https://twitter.com/privacy
Informative Clause LOPD and LSSI-CE
Of conformity with what the Law 15/1999, of December 13, of Protection of Personal Data establishes, we inform that your data will be incorporated into a file under the responsibility of GRUP DE DISTRIBUCIO COSTA BRAVA SA with the purpose of being able to attend to the commitments derived from the relation that we maintain with you.
You can exercise your rights of access, cancellation, rectification and opposition by means of a writing to our address: POL. IND. BOSC DE CAN CUCA C/ TALLERS Nº18 SILS 17410 GIRONA
While you do not communicate to us otherwise, we will understand that your data has not been modified, that you commit to notify any variation to us and that we possess with your consent to treat them.
Likewise and in agreement with the established in the Law 34/2002, of July 11, of Services of the Company of the Information and of Electronic commerce, in its article 21, we request also your express consent to send advertising of our products or promotions that we consider could be of your interest, by e-mail or by other equivalent means of electronic communication.
□ I have read and I agree to receive advertising or promotional information of GRUP DE DISTRIBUCIO COSTA BRAVA SA
□ I have read and I do not agree to receive advertising or promotional information of GRUP DE DISTRIBUCIO COSTA BRAVA SA
We inform you that you will be able to revoke at any time the consent given to the reception of commercial communications sending an e-mail to the e-mail address email@example.com
General Hiring Conditions
Information prior to the contractual process
This web site WWW.CAFECREM.COM is property of GRUP DE DISTRIBUCIO COSTA BRAVA SA with CIF A17435827 and fiscal direction in POL. IND. BOSC DE CAN CUCA – C/ TALLERS No 18 SILS 17410 GIRONA.
The General Conditions of Contracting there regulate the relationship of distance sales among GRUP DE DISTRIBUCIO COSTA BRAVA SA and the user or client, in agreement with the legal stipulations, especially, the Law 7/1998, of April 13, on General Conditions of Contracting, to the Law 26/1984, of July 19, General for the Defence of Consumers and Users, to the Royal decree 1906/1999, of December 17, 1999, which regulates the Telephone and Electronic Contracting with general conditions, the Law 15/1999, of December 13, of Protection of Personal Data, the Law 7/1996, of January 15 of the Retail Trade, and to the Law 34/2002 of July 11, of Services of the Information Society and Electronic Commerce.
GRUP DE DISTRIBUCIO COSTA BRAVA SA reserves the right to make any changes it deems appropriate, without notice, in general. These modifications may be made through their websites, in any way permissible by law and must be complied during the time when they are published on the web and until they are amended by subsequent valid. However, GRUP DE DISTRIBUCIO COSTA BRAVA SA reserves the right to apply, in certain cases, Particular Conditions of Contracting in preference to the General Conditions when deemed necessary, announcing in opportune time and form.
The purpose of the website is to offer food products, also, you can subscribe to the newsletter to receive offers of those products or general information about the food industry, which may be of your interest.
To acquire our products you can direct to the “Shop Online ” section of the website.
It is an indispensable requirement to register as a user of the web to be able to buy online. You can access to the “Register” section for it. Of conformity with what the Law 15/1999 on Protection of Personal Data establishes, GRUP DE DISTRIBUCIO COSTA BRAVA SA informs to the users that the personal information obtained the registration process and later purchase, will be introduced in a file under its responsibility, with the purpose of process with these actions on the part of the user and manage later actions derived from the same ones. Likewise, GRUP DE DISTRIBUCIO COSTA BRAVA SA informs of the possibility of exercising the rights of access, cancellation, rectification and opposition through writing to the address POL. IND. BOSC DE CAN CUCA – C/ TALLERS No 18 SILS 17410 GIRONA.
While you do not communicate to us otherwise, we will understand that your data has not been modified, that you commit to notify any variation to us and that we possess with your consent to treat them in order to be able to fidelity the relationship among the parts.
During the purchase process, you should be identified with the username and password provided. These data will not be public. You are responsible to treat confidentially and responsibly the identity and password obtained in the registration as a customer, not being able to yield them to another. You can modify the information recorded at any time, addressing to the “Login” section of the website.
After the purchase process the customer will receive a confirmation thereof by email, it is indispensable to identify a valid email during the user registration. If you do not receive the confirmation in 24 hours from the finalization of the order, contact with GRUP DE DISTRIBUCIO COSTA BRAVA SA on the customer service telephone 972 853 512 (9-18 hours).
In this same section of “Login” you will have access to a history of your orders, it is just a reference section but its management is allowed, being able the user to eliminate those records that he considers is not necessary to visualize.
All contents of the Web are in Spanish.
The client, on having received the order at his domicile, will receive an invoice or copy of the order.
Product offering and validity
If a product on offer, it will always be indicated together with its essential characteristics, the bid price and the validity of it.
In compliance with current regulation GRUP DE DISTRIBUCIO COSTA BRAVA SA provides information on all the items on sale, their characteristics and prices. However, GRUP DE DISTRIBUCIO COSTA BRAVA SA reserves the right to remove, replace or change the products offered through its website, by changing the contents thereof. Thus, the products offered in every moment by the web will be governed for the General Conditions of Contracting in force in each case. Also, the company will have the power to stop offering, without previous notice and at any time, the access to the mentioned products.
Essential characteristics of the products
The products offered in our “Catalogue” incorporate a photograph and its essential characteristics. The colour of the product, observable in the photograph is not binding. It is identified in the characteristics.
All the products offered in the website have the guarantee of 60 days of minimum durability. GRUP DE DISTRIBUCIO COSTA BRAVA SA has an after-sales service, while the guarantee is in force, the customer will be able to execute it addressing to the establishment of GRUP DE DISTRIBUCIO COSTA BRAVA SA. In case of doubt you can contact the customer service telephone 972 853 512 (9-18 hours) or through the email firstname.lastname@example.org
All the products indicate the price of sale in Euros and include Value Added Tax (VAT).
If there would be any other applicable tax, it would be indicated.
Delivery and transport expenses
GRUP DE DISTRIBUCIO COSTA BRAVA SA informs the user that the delivery of the orders will carried out in a period of 48 hours approximately.
TRANSPORT VIA NORMAL POST: Until 2KG (Sending as letter) – service between 2 and 5 days – 2,50 €
TRANSPORT VIA TOURLINE: Until 5KG – service of 48 hours – 5,60 €
TRANSPORT VIA TOURLINE: From 5KG to 10KG – service of 48 hours – 8, 85 €
For the orders that are equal or superior to 60 €, the shipment will be free.
Payment forms and execution of the order
The customer can pay the amount of his order opting for any of the following forms of payment insurance. During the purchase process he should indicate his choice:
– Credit card (Visa / Mastercard). – Paypal.
The availability of the products offered by GRUP DE DISTRIBUCIO COSTA BRAVA SA may vary depending on customers demand. Although GRUP DE DISTRIBUCIO COSTA BRAVA SA periodically updates the stock, the product requested by the customer could be out of stock at that time. In case of not execution by unavailability, the customer will receive an informative e-mail and in a maximum of 30 days, the amount paid for the cancelled order will be paid to you. In the supposition that GRUP DE DISTRIBUCIO COSTA BRAVA SA not make this payment within the prescribed period, the buyer may claim to be paid with the double of the amount due, without prejudice to his right to be indemnified.
In case of unavailability, GRUP DE DISTRIBUCIO COSTA BRAVA SA can supply without increase of price, a product with similar characteristics, with the same or higher quality.
When the amount of a purchase had been loaded fraudulently or unduly using the number of a card of payment, its holder may demand the immediate cancellation of the charge. In that case, the corresponding annotations of debt and repayments in the accounts of the supplier and the owner shall be carried out as soon as possible.
However, if the purchase had been effectively realized by the holder of the card and the exigency of reimbursement was not a is not the result of having exercised the right of withdrawal or resolution and, therefore, had illegally demanded the cancellation of the corresponding charge, will be obliged in front of GRUP DE DISTRIBUCIO COSTA BRAVA SA to the indemnification for damages incurred as a result of such cancellation.
Right of withdrawal and claims
The buyer shall have a term of seven working days to desist, from the day of receipt of the product, without penalty and without indication of the reasons, as long as the product is in the same state in which the customer received it (unopened packaging, without traces of use, etc.).
The right of withdrawal will not be subject to any kind of formality, being enough that the customer directs to GRUP DE DISTRIBUCIO COSTA BRAVA SA indicating the exercise of his right of desisting to email@example.com or to the customer service telephone 972853512 (9-18 hours).
GRUP DE DISTRIBUCIO COSTA BRAVA SA will require the customer to take over of the direct cost of returning of the product.
In no case we will return those articles which are consumable and have been unsealed, the packaging is damaged or the product has been used.
If the customer wishes to file a complaint, establishment of GRUP DE DISTRIBUCIO COSTA BRAVA SA is located in POL. IND. BOSC DE CAN CUCA – C/ TALLERS No 18 SILS 17410 GIRONA.
The relationship between the user and the provider by the current regulation and application in the Spanish territory will be governed. Of any controversy arising, the parties may submit their conflicts to arbitration or to attend to ordinary jurisdiction expiring with of regulations on jurisdiction and competency thereon. GRUP DE DISTRIBUCIO COSTA BRAVA SA has its domicile in Girona, Spain.