Terms and conditions of use

PURPOSE

These Terms of Use, Privacy & Sales Policy (hereinafter, the "General Conditions") regulate the use of the website www.peixossampera.com (hereinafter, “the Website”) that PeixosSampera S.L. (hereinafter “Peixos Sampera”), makes available to the people who access the Website in order to provide information about products and services, whether they be their own or of third parties, and to facilitate access to them, as well as for the contracting of services and goods via the Website (all jointly referred to as the "Services").

PEIXOS SAMPERA, with registered office in Carrer Longitudinal 8, nº 11 · 08040 · Barcelona (Spain), is a Spanish limited liability company and owner of the Website whose use is governed by this document, with tax ID number B-66500166.

To contact PEIXOS SAMPERA, you can use the above postal address, as well as the email address info@PEIXOSSAMPERA.com.
Due to the very nature of the Website, as well as its content and purpose, all practical navigation of the Webiste that may be carried out on it must be done in the role of a client, which is acquired according to the procedures set out here. Therefore, the aforementioned role of client assumes adherence to the General Conditions based on the version published at the time the Website is accessed. PEIXOS SAMPERA reserves the right to modify, at any time, the presentation and configuration of the Website, as well as the present General Conditions. Therefore, PEIXOS SAMPERA recommends that clients read the same carefully eeach time they access the Website.

In any event, there are pages of the Website accessible to the public in general, in respect of which PEIXOS SAMPERA wishes to fulfill its legal obligations, as well as to regulate the use of them. In this sense, users accessing these parts of the Website agree to be subject to, by accessing said pages, the terms and conditions contained in these General Conditions, to the extent that they may be applicable.
Finally, due to the nature of the present Website, it is possible to modify or include changes in the content of these General Conditions. Therefore, client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, accepting that those that apply will be the ones that are in force at the time of their access.

ACCESS AND SECURITY

Access to the Services requires the prior registration of users, once they accept the General Conditions and prior authorization by PeixosSampera, becoming later considered as Clients.
The Client’s identifier will be composed of his / her e-mail address and a password. For access to the Client's own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters. The use of the password is personal and non-transferable, not allowing the transfer, even temporarily, to third parties. In this sense, the Client undertakes to make diligent use of it and to keep the same secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Client knows or suspects the use of his/her password by third parties, the Client must modify it immediately, in the manner permitted by the Website.

CORRECT USE OF THE SERVICES

The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by by example and without limitation, undertakes to refrain from:
• using the Services in a manner, for purposes or effects, contrary to law, morality and generally accepted good practices or public order;
• reproducing, distributing, allowing public access through any form of public communication, transforming or modifying the Services, unless authorized by the holder of the corresponding rights or legally permitted;
• performing any act that may be considered an infringement of any intellectual or industrial property rights belonging to PEIXOS SAMPERA or to third parties;
• using the Services, and in particular information of any kind obtained through the Website, to send advertising, communications for direct sale or for any other commercial purpose, or unsolicited messages addressed to a plurality of persons independently of its purpose, as well as to commercialize or otherwise disclose said information;

The Client will be liable for damages and losses of any nature that PEIXOS SAMPERA may suffer, on occasion or as a consequence of any breach of any of the above obligations as well as any others included in these General Conditions and / or those imposed by the Law in relation to the use of the Website.
PEIXOS SAMPERA will at all times comply with the current legal system, and will be entitled to interrupt, in its sole discretion, the Services or exclude the Client from the Website in case of alleged, complete or incomplete commission of any of the offenses or faults set out by the current Criminal Code, or in case of observing any conduct that in the opinion of PEIXOS SAMPERA is contrary to these General Conditions, the General Contracting Conditions that operate for this Website, applicable law, norms established by PEIXOS SAMPERA or Its collaborators or which may disturb the good functioning, image, credibility and / or prestige of PEIXOS SAMPERA or its collaborators.

PROPERTY RIGHTS

All content of the Website, such as text, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, is the exclusive property of PEIXOS SAMPERA or third parties whose rights PEIXOS SAMPERA legitimately has, being therefore protected by national and international legislation.
It is strictly forbidden to use all elements of industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation.
Violation of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code.
Clients who send comments, opinions or comments through the email service or by any other means possible by virtue of the Services, is understood to authorize PEIXOS SAMPERA for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation of such observations, opinions or comments, for the period of time afforded by copyright by law and without territorial limitation. It is also understood that this authorization is made free of charge.
Any claims that may be brought by Clients regarding possible breaches of intellectual or industrial property rights over any of the Services of this Website should be addressed to the following email address:
info@PEIXOSSAMPERA.com.

EXCLUSION OF GUARANTEES AND RESPONSIBILITIES

Regardless of what is established in the General Contracting Conditions related to the procurement of goods collected on this Website, PEIXOS SAMPERA is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials. Such services, information and materials are presented "as is" and are accessible without guarantees of any kind.
PEIXOS SAMPERA reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, either for technical reasons, security, control, maintenance, failure of electricity supply or any other justified cause.
Consequently, PEIXOS SAMPERA does not guarantee the reliability, availability or continuity of its Website or the Services, so that the use of the same by the Client is carried out at his/her own risk, and without seeking liability from PEIXOS SAMPERA in this regard.
PEIXOS SAMPERA will not be responsible in case of interruptions of the Services, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes that are beyond the control of PEIXOS SAMPERA, and / or due to a intentional or guilty action of the Client and / or has as its origin causes of a infortuitous event or Force majeure. Without prejudice to what is established in article 1105 of the Civil Code, acts of Force Majeure will be deemed and, in addition to the General Conditions, all events occurring outside the control of PEIXOS SAMPERA, such as: violations by third parties, operators or service companies, government acts, lack of access to third-party networks, acts or omissions of public authorities, other acts produced as a result of natural phenomena, blackouts, etc. and attack by hackers or third parties specializing in the security or integrity of computer systems, provided that PEIXOS SAMPERA has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, PEIXOS SAMPERA will not assume any liability for either direct or indirect damages, emergent damages and / or loss of profit.
PEIXOS SAMPERA excludes any liability for damages of any nature that may be due to the lack of truthfulness, accuracy, completeness and / or update of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as for the Services provided or offered by third parties or entities. PEIXOS SAMPERA will try to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of truthfulness. Nevertheless, it will be exonerated of responsibility for its non-update or rectification as well as for the contents and information expressed in the same. In this sense, PEIXOS SAMPERA has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where this is required by current legislation or when required by a judicial or or competent authority. Likewise, PEIXOS SAMPERA excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in the documents or systems stored in them.  PEIXOS SAMPERA is not responsible for the use that the Client makes of the Services of the Web Site or its passwords, as well as any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.
The Client undertakes to keep PEIXOS SAMPERA harmless  for any damages, penalties, expenses (including, without limitation, attorneys' fees) or civil, administrative or any other liability that may be suffered by PEIXOS SAMPERA that relate to the breach or partial or defective fulfillment by Client of what is established in these General Conditions or in the applicable legislation, and especially in relation to Clients’ obligations regarding the protection of personal data collected in these conditions or established in Spanish Data Protection Act and associated regulations.

LINKS TO OTHER WEB SITES

PEIXOS SAMPERA does not guarantee or assume any responsibility for the damages suffered by the access to services of third parties through connections, links or links of the linked sites or the accuracy or reliability thereof. The function of the links that appear in PEIXOS SAMPERA is exclusively to inform the Client about the existence of other sources of information on the Internet, where Client can extend the services offered by the Website. PEIXOS SAMPERA will not be responsible in any case for the result obtained through these links or the consequences that derive from the access by Clients to them. These third party services are provided by such parties, so that PEPPERS SAMPERA does not control the lawfulness of such services nor their quality. Consequently, the Client must exercise extreme caution in judging and using the information and services based on the content of third parties.

 

APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious questions that may arise, Spanish law will apply and in case of dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals that are closest to PeixosSampera's registered office.