1. Legal Notice
In compliance with the provisions of Law 34/2002 of 11 July, on information society services and electronic commerce, the following general information is brought to the attention of the users of the website www.elcierzodeteruel.com and all web pages that comprise it (hereinafter, the “website”):
❖ The provider of information society services on the website is the mercantile company EL CIERZO ALIMENTARIA S.L. (hereinafter, “El Cierzo”).
❖ The “El Cierzo” registered office is located at: Calle Los Enebros 74, 2 – 44002 Teruel.
❖ «El Cierzo» has the CIF tax number B44263424.
❖ «El Cierzo» is registered in the Commercial Register.
❖ Website users have direct and effective communication available to them by writing to the registered office of the company, or through the following means:
o Telephone:
o Email: elcierzo@elcierzoalimentaria.com
The use of the methods described above to communicate with “El Cierzo” entails the user consenting to the processing of their data in order to process the queries made to “El Cierzo”.
In accordance with the provisions of Article 13 of Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, your data will be processed by “El Cierzo” as the data controller.
The purpose of the processing must be based on the inquiries received through the different communication channels used by “El Cierzo”.
The data will not be disclosed to third parties except when required to do so by law or the state security forces and bodies.
The rights of access, rectification, deletion, limitation or opposition, as well as the right to data portability, may be exercised by writing to “El Cierzo” by means of the email address elcierzo@elcierzoalimentaria.com.
If it is considered that the processing does not comply with current regulations, a claim may be filed with the control authority.
2. General Terms and Conditions of Use
These general conditions of use regulate access to the website www.elcierzodeteruel.com and its use, in addition to all the web pages that comprise it (hereinafter, “website”) and that “El Cierzo” makes available to its customers and internet users (hereinafter, “users”).
The use of the website means that the user accepts, without any reservation, all the general terms and conditions in force at the time of accessing the website. If the user does not agree with any of the conditions listed below, they must refrain from using the services provided by “El Cierzo” through the website.
“El Cierzo” will not be held liable, indirectly or subsidiarily, for damages of any kind arising from the use of the website, contrary to the provisions of these terms and conditions of use.
In addition, “El Cierzo” reserves the right to modify at any time and without requiring prior notification, these general terms and conditions, as well as their configuration, location and any other terms, whether general or specific, and the regulations of use, instructions or applicable warnings. In addition, “El Cierzo” reserves the right to suspend, discontinue or cease the operation of the website at any time.
2.1. Purpose
Through the website, “El Cierzo” presents users with various assets, including, among others, data, information, logos, products (hereinafter, “content”), therefore the right of the user is limited to accessing the content and to using it in the terms set forth in these conditions.
2.2. Terms and Conditions of Use of the Website
2.2.1. Accessing the website and its use
Users of the website must use the contents in a lawful and responsible manner, in accordance with the obligations of users that are presented below.
However, access to the website or the content included therein does not entail any guarantee regarding the suitability of the website or its contents for particular purposes or those specific to the users.
“El Cierzo” may establish limitations or additional conditions for use the website and the content or access to them. The user is responsible for referring to such limitations or conditions.
2.2.2. Authorised use of the website and the content
2.2.2.1. Obligations of the user
The user undertakes to comply with these general terms and conditions, as well as the special warnings or instructions contained on the website, and to always act in accordance with the law in force. The user also undertakes to act in accordance with good practices and the requirements of good faith. Thus, the website must not be used in a way that may prevent, damage or impair its normal functioning or the property or rights of “El Cierzo”, its suppliers, of other users and, in general, of any third party.
Specifically, and without this being taken to mean a restriction in any way of the obligation undertaken by the user of a general nature according to the preceding paragraph; the user, in the use of the website, agrees:
❖ Not to introduce, store or disseminate, on or from the website, any defamatory, insulting, obscene, threatening or xenophobic information; anything that may incite violence or discrimination on the basis of race, sex, ideology or religion or which may be prejudicial to public morals, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties in any other way and, in general, against the current regulations;
❖ Not to introduce, store or disseminate on or from the website, any content that violates the rules of intellectual or industrial property regulations or rights of third parties, the confidential nature of any communication and personal data protection law;
❖ Not to introduce, store or disseminate, via the website, any computer programs, data, viruses, code, hardware or telecommunications equipment or other instruments or electronic or physical devices that may cause damage to the website, the services or equipment, the systems or networks belonging to “El Cierzo” or the users and suppliers of “El Cierzo” or of third parties in general, or that may impede the operation of such services, equipment, systems or networks;
❖ Not to destroy, alter, disable or damage data, information, programs or electronic documents displayed or included in the website and belonging to “El Cierzo”, its suppliers or third parties;
❖ Not to carry out spamming, advertising, or promotional activities consisting in the commercial exploitation of the website; therefore, the user may not use the contents or, in particular, the information obtained through the website to advertise, send messages for direct marketing purposes or other commercial purposes or collect or store personal data. In addition, the user must refrain from:
❖ Using deep links, page scraping (data mining), robots, spiders or other automated devices, programs, algorithms, methodologies or similar manual processes to access the site or to acquire, copy, or monitor part of the site or its contents in order to obtain or attempt to obtain any materials, documents or information not available through the website itself;
❖ Exploring, scanning, or assessing the website’s vulnerabilities or of any network connected to the site or violating the security measures or authentication of the site or any network connected to the site;
❖ Tracking and searching for the data of users, visitors of the website or other “El Cierzo” customers, including the accounts of other users; in no way exploiting the website or any other service or information made available or offered through the site, with the purpose of revealing information, which includes, among others, personal identification or information other than that provided by the website;
❖ Performing actions that cause a disproportionate or unnecessary saturation in the infrastructure of the website or in the systems or networks of “El Cierzo” or in the systems and networks connected to the website or to “El Cierzo”.
2.3. Intellectual and Industrial Property Rights
All the contents displayed on the website, including, among others, designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, journalistic articles or other intangible assets protected by the industrial and intellectual property laws and regulations are subject to the industrial and intellectual property rights of “El Cierzo” or that of third-party holders whose inclusion on the website has been duly authorised.
Under no circumstances may the user’s access to the website be understood to grant them any license in their favour or that a waiver, transmission or a total or partial transfer of the rights mentioned above has taken place, nor does it confer any right of exploitation of the assets, unless prior express authorisation has been granted, in writing, by “El Cierzo” or by the holders of the rights in question.
If the presence of content that may violate intellectual and industrial property rights is detected on the website, please notify “El Cierzo” within the shortest possible time, by sending an email to the address elcierzo@elcierzoalimentaria.com, so that we can act diligently and adopt the appropriate measures.
2.4. Warranty and Liability Disclaimer
2.4.1. Exclusion of guarantees and liability regarding the operation of the “El Cierzo” website does not guarantee the availability and continuity of the website or the services or content offered therein, nor that said content is updated. Neither does it guarantee the technical reliability of its website, nor access to its different pages. Thus, “El Cierzo” is released from all liability for damages of any nature that may be caused due to such circumstances.
Provided that no circumstances arise that make this impossible or difficult to execute, and as soon as it is informed of any errors, disconnections or failure to update the contents, “El Cierzo” will take all necessary steps to correct the errors, restore communication or update the contents if it is considered appropriate and suitable to its needs and within its capabilities.
Moreover, “El Cierzo” does not accept any liability for errors or deficiencies that may arise from use by the user of an outdated or insecure browser, or for any damage, errors or inaccuracies that may arise from the malfunction of that browser.
In order to reduce the risk of a virus entering the website, “El Cierzo” uses virus detection programs to control all the content that it includes in its website. However, it does not guarantee the absence of viruses or other elements on the website introduced by third parties unrelated to “El Cierzo” that can produce alterations in the user’s physical or logical systems or in the electronic documents and files stored on their systems. Consequently, under no circumstances will “El Cierzo” be held liable for harm or loss of any nature which may occur by the presence of viruses or other elements that may alter the Users’ physical or logical systems, electronic documents or files.
Similarly, despite the protection measures that “El Cierzo” applies against cyber-attacks to its website, to the collected data and content, there is no guarantee that unauthorised third parties may not be able to access the type of use or browsing of the website by the user or the conditions, characteristics and circumstances in which they carry out this use or browsing activity. Thus, under no circumstances will “El Cierzo” be held liable for any damages that may result from such unauthorised access.
“El Cierzo” does not control, in general, the use that users make of the web site. In particular, under no circumstances does “El Cierzo” guarantee that the users make use of the website in accordance with the law, these terms and conditions of use, morality and generally accepted good practices and public order, nor that they act with diligence and prudence.
Therefore, “El Cierzo” will not accept any liability for the use that users or third parties make of the website or its contents, nor for the damages arising from such use. It is the user’s responsibility to take all the appropriate technical measures to reasonably control the identified risks and prevent damage to their technical equipment, data loss or theft of confidential information.
2.4.2. Warranty and liability disclaimer for third-party content and links
In the case of incorporating third party content onto the website, or links to other internet sites, “El Cierzo” will not exercise any control over such sites or content. Thus, “El Cierzo” offers no guarantee and assumes no liability with regard to the legality, reliability, truthfulness, accuracy, completeness of such content nor of it being up to date. “El Cierzo” also refuses to accept all liability for damages that may result from:
❖ The lack of legality, quality, truthfulness, accuracy, completeness or validity of the contents created by third parties;
❖ The technical unavailability, lack of quality or accuracy of any material or information contained in any of the hyperlinks or other internet sites;
❖ The unsuitability for any purpose and the disappointment of the expectations generated by the contents;
❖ Decisions or actions taken or omitted by the user in reliance on the information or data provided or provided in the content, even if they have resulted in lost profits, business opportunities or other damages;
2.5. Cookie Policy
The cookie management and treatment policy used by the “El Cierzo” website is governed by the conditions specified in the Cookie Policy.
2.6. Privacy Policy and Data Protection
The privacy policy and protection of data collected and processed by the services offered on the “El Cierzo” website are governed by the conditions specified in the Privacy Policy.
2.7. Actions in the event of a breach of the conditions
“El Cierzo” reserves the right to take as many legal actions as are legally available to demand the liabilities arising from breach of any of the provisions of these general terms and conditions of the website by a user.
2.8. Severability clause
The declaration of any of the clauses contained in these general terms and conditions being null and void, invalid or ineffective will not affect the validity or effectiveness of the remaining conditions, which will continue to be binding on the parties. The waiver by either party of any right to require the fulfilment at any given time of any of the obligations set forth herein will not imply a general waiver being granted nor will it give rise to an acquired right for the other party.
2.9. Applicable legislation and jurisdiction
These terms and conditions shall be governed by that established in Spanish legislation.
In the event of any dispute relating to the conditions governing the use of the website and access to it, the parties will submit themselves to the verdict of the competent Courts and Tribunals of Girona (Spain), and, except in the case that it is required by law to the contrary, expressly waive any other jurisdiction that may correspond to them.