Legal notice

GENERAL CONDITIONS

consejoeuropeodelpistacho.com is an Internet domain whose ownership corresponds to the European Pistachio Council (hereinafter the CEP), with CIF G88629159, registered office at Calle Columela, 9, 4º dcha., 28001, Madrid, Spain, with telephone number +34 682 25 08 08 and contact email address info@europeanpistachio.eu.

The access and use of the website, free of charge, implies the express and full acceptance of the conditions set forth herein, without prejudice to those particular ones that may apply to some of the specific services offered through it, reserving the right to modify in at any time these conditions of use, as well as any other particular conditions.

The use of the website implies full acceptance of each and every one of the provisions included in this notice, provisions that the user must read carefully, taking into account the possible modifications that, from time to time, may suffer over time.

If you do not agree with the content of these conditions, the user must leave the website, not having to access or use the services that it offers.

Similarly, the user declares to be of legal age and have sufficient legal capacity to be bound by these conditions, expressly accepting, and without exception, that access to and use of the website and the services provided therein take place under your sole and exclusive responsibility.

The connections or links (links) with other websites that may exist, together with the use that the user may make of them, will be subject to these conditions of use, as well as any specific conditions that the aforementioned websites require. Any use other than that authorized is expressly prohibited.

The CEP may unilaterally modify at any time the configuration of the website, the conditions of the services offered and its content, as well as the temporary or permanent elimination, limitation or suspension of the same, together with the limitation of access to these, trying to inform the user of said change, as long as the circumstances allow it, through the corresponding publication on the website.

INTELLECTUAL PROPERTY REGARDING THE CONTENTS OF THE WEBSITE

All the elements that make up the website, as well as its structure, design and source code, or any other sign susceptible to industrial and commercial use, are owned and belong to the CEP or to third party owners who have duly authorized their use. inclusion on the website, being protected by intellectual and industrial property regulations.

The total or partial reproduction of the contents of the site is prohibited, as well as its modification and/or distribution without citing its origin or requesting prior authorization.

The CEP will not assume any responsibility derived from the use by third parties of the content of the website and may exercise all civil or criminal actions that correspond to it in case of infringement of these rights by the user.

Only viewing and uploading is authorized for the user's personal, private and non-commercial use, and its use for commercial purposes is prohibited.

Likewise, the alteration of the website by the user, such as links (links) and the like, is strictly prohibited.

LAW OF SERVICES OF THE INFORMATION SOCIETY AND ELECTRONIC COMMERCE

On the occasion of the entry into force of the Law on Services of the Information Society and Electronic Commerce 34/2002, of July 11, the CEP informs the user that they comply with the obligations required by the LSSI to service providers of the information society established in Spain.

LINKS

The links contained in this website may lead to third-party web content, and the CEP does not assume any responsibility for the content, information or services that may appear on said sites, which will be exclusively informative and which, in no case, imply any relationship. between the CEP and the persons or entities that own such contents or owners of the sites where they are located, CEP not exercising any control over them.

In any case, the CEP exonerates itself from all responsibility in relation to the services provided by said third parties in the face of any claim of any nature and demand that may be filed in relation to them.

CONFIDENTIALITY

Any data and information that is sent to the CEP, whatever its format and support, will be treated with absolute confidentiality and reserve. Only in the event that the Security Forces and Bodies require access to that information, when so provided by current legislation, and all those other legally established cases, it will be provided in accordance with what is required by Law.

The CEP will not use for its own benefit or that of third parties any information that is provided to it, or a partial or total reproduction thereof by any means.

CONDITIONS OF ACCESS AND USE OF THE WEBSITE

1st. Free access and use of the website.- The access and use of the website by users is free, and does not require prior subscription or user registration. However, some of the services provided by the CEP, or by third parties through the website, may only be carried out by subscription or user registration or are subject to payment of a price in the manner expressly determined.

2nd. User Registration.- In general, the provision of the services provided does not require the prior subscription or registration of the users of the website.

In any case, the CEP makes available to the user of the website some services whose use requires the completion of additional records. The aforementioned registration will be made in the manner expressly indicated in the service itself or in the particular conditions that regulate it.

3rd. Veracity of the information.- All information provided by the user through the services provided must be truthful. For these purposes, the user guarantees the authenticity of all the data communicated as a result of completing the forms necessary for the use of the services.

In the same way, it will be the user's responsibility to keep all the information provided to the CEP permanently updated so that it responds, at all times, to the real situation of the user.

In any case, the user will be solely responsible for any false or inaccurate statements made and for the damages caused to the CEP or to third parties due to the information provided.

4th. Minors.- To make use of the services provided on the website, minors must previously obtain permission from their parents, guardians or legal representatives, who will be held responsible for all acts carried out by minors under their care.

Full responsibility for determining the specific content and services accessed by minors corresponds to the adults in charge of them.

As the Internet makes it possible to access content that may not be appropriate for minors, the user is informed that there are mechanisms, in particular filtering and blocking computer programs, that allow limiting the available content and, although they are not infallible, are especially utility to control and restrict the materials that minors can access.

5th. Obligation to make correct use of the website and the services provided.- The User undertakes to use the website and its services in accordance with the law, these conditions, the particular conditions established in certain services, and other notices, regulations of use and instructions made known to them, as well as with morality, generally accepted good customs and public order.

For this purpose, the user will refrain from using the website and any of the services provided on it for illegal purposes or effects, contrary to what is established in these conditions, harmful to the rights and interests of third parties or that in any way may damage , disable, overload, deteriorate or prevent the normal use of the website and its services, computer equipment or documents, files and all kinds of content stored on any computer equipment of the CEP, of other users or of any Internet user (hardware and software).

In particular, and merely indicative and non-limiting, the user agrees not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

In any way it is contrary, disparages or violates the fundamental rights and public liberties recognized constitutionally, in international Treaties and other current legislation.
Induce, incite or promote criminal, denigrating, defamatory, infamous, violent or, in general, actions contrary to the law, morality and generally accepted good customs or public order.
Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or any other condition.
Include, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order .
Induce or may induce an unacceptable state of anxiety or fear.
Induce or incite to engage in practices that are dangerous, risky or harmful to health and mental balance.
Is false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way that it misleads or may mislead about its object or about the intentions or purposes of the communicator.
It is protected by any intellectual or industrial property right belonging to third parties without the user having previously obtained the necessary authorization from its owners to carry out the use that it makes or intends to make.
Violate the trade secrets of third parties.
Is contrary to the right to honor, personal and family privacy or the image of people.
In any way, undermine the credit of the CEP or third parties.
Infringes the regulations on confidentiality of communications.
It constitutes, where appropriate, illegal, misleading or unfair advertising and, in general, that constitutes unfair competition.
Incorporate viruses or other physical or electronic elements that may damage or prevent the normal functioning of the network, system or computer equipment (hardware and software) of the CEP or third parties, or that may damage electronic documents and files stored on said equipment IT
Cause due to its characteristics (such as format, extension, etc.) difficulties in the normal functioning of the services provided on the website.
Contains HTML tags other than those expressly authorized by the CEP.

6th. Obligation to make correct use of the contents.- In accordance with the provisions of the previous clause, the user agrees to use the content made available to users on the website, understanding by them, without this listing being limited, the texts, photographs, graphics, images, icons, symbols, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes.

7th. Use of the services offered on the website in accordance with the CEP's antispam policy.- The user of the website undertakes to refrain from:

Collect data for advertising purposes and to send communications and advertising of any kind for sales purposes, or others of a commercial nature, without your prior request or consent.
Send any other type of message not previously requested or consented to.
Send unsolicited or previously consented chains of electronic messages.
Use distribution lists that can be accessed through the services provided to carry out the activities indicated in sections 1, 2 and 3 above.
Make available to third parties, for any purpose, data collected from distribution lists.

Users or third parties harmed by the receipt of unsolicited messages addressed to a group of recipients may notify the CEP by sending a message to the following email address: info@europeanpistachio.eu

EXCLUSION OF GUARANTEES AND RESPONSIBILITY

1. Exclusion of guarantees and responsibility for the operation of the website and the provision of services.

* 1.1. Availability and continuity, utility and reliability.

The CEP provides its services and content on a continuous basis using all the technical means at its disposal to perform said provision satisfactorily.

The CEP may, when it deems appropriate, make corrections, improvements or modifications to the information contained on the website, in the services, or in the contents, without giving rise to or right to any claim or compensation, nor implying recognition of any responsibility.

The CEP does not guarantee the availability and continuity of the operation of the website and the services provided. When it is reasonably possible, the CEP will give prior notice of interruptions in the operation of the website and services.

The CEP does not guarantee the usefulness of the website and the services provided for the performance of any specific activity, nor its infallibility and, in particular, although not exclusively, that users can effectively use the website and the services, access the different web pages that make up the site or those from which the services are provided.

The CEP excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the website and the services provided, to the fraud of the usefulness that users may have attributed to the website and the services provided, to the reliability of the website and the services, and in particular, although not exclusively, to failures in accessing the different web pages of the site web or those from which the services are provided.

The CEP will only be liable for damages that the user may suffer as a result of the use of the website when said damages are attributable to willful action on their part.

* 1.2. Privacy and security in the use of the website and services.

The CEP does not guarantee the privacy and security of the use of the website and the services provided, and, in particular, does not guarantee that unauthorized third parties may not have knowledge of the class, conditions, characteristics and circumstances of the use that users make. of the website and services.

The CEP excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the knowledge that unauthorized third parties may have of the class, conditions, characteristics and circumstances of the use that users make. of the website and services.

2. Privacy and exclusion of guarantees and responsibility for the contents.

* 2.1. Quality.

The CEP does not control or guarantee the absence of viruses or other elements in the contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in it.

The CEP excludes, to the fullest extent permitted by the legal system, any liability for damages of any nature that may be due to the presence of viruses, or the presence of other elements, in the contents that may cause alterations in the system. computer, electronic documents or user files.

* 2.2. Legality, reliability and usefulness.

The CEP does not guarantee the legality, reliability and usefulness of the contents.

The CEP excludes, to the fullest extent permitted by law, any liability for damages of any kind that may be due to the transmission, dissemination, storage, provision, reception, obtaining or access to the contents, and in particular, although not exclusively, for damages that may be due to:

Failure to comply with the law, morality, generally accepted good customs or public order as a consequence of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents.
Infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of people, property rights and all of another nature belonging to a third party as a consequence of the transmission, dissemination, storage, provision, reception, obtaining or access to the contents.
The performance of acts of unfair competition and illegal advertising as a consequence of the transmission, dissemination, storage, making available, receiving, obtaining or accessing the contents.
The lack of veracity, accuracy, completeness, relevance and/or timeliness of the contents.
The inadequacy for any kind of purpose and the disappointment of the expectations generated by the contents.
Non-compliance, delay in compliance, defective compliance or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or due to access to the contents.
The vices and defects of all kinds of the contents transmitted, disseminated, stored, made available, or, in another way, transmitted or made available, received, obtained or accessed through the website or the services borrowed.

*23. Veracity, accuracy, completeness and timeliness.

The CEP does not guarantee the veracity, accuracy, exhaustiveness and timeliness of the contents. The CEP excludes, to the fullest extent permitted by the legal system, any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the contents.

3. Exclusion of guarantees and responsibility for the use of the website, the services and the contents by the users.

The CEP has no obligation to control, and does not control, the use that users make of the website, the services and the contents. In particular, the CEP does not guarantee, under any circumstances, that users use the website, the services and the contents in accordance with these conditions and, where appropriate, with the particular conditions that result from application, nor that they do so. diligently and prudently.

The CEP also does not have the obligation to verify, and does not verify, the identity of the users, nor the veracity, validity, exhaustiveness and/or authenticity of the data that the users provide about themselves to other users.

The CEP excludes any liability for damages of any kind that may be due to the use of the services and content by users, or that may be due to the lack of veracity, validity, exhaustiveness and/or authenticity of the information that users provide to other users about themselves, and, in particular, although not exclusively, for damages of any nature that may be due to the impersonation of a third party carried out by a user in any kind of communication made through the website.

PROCEDURE FOR CARRYING OUT ACTIVITIES OF AN ILLICIT NATURE

In the event that any user, or a third party, considers that there are facts or circumstances that reveal the illegal nature of the use of any content and/or the performance of any activity on the pages of the website, and, in particular, of the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and trade names, etc.) or other rights, you must send a notification to the CEP that must contain the following terms:

Personal data of the claimant: name and surname, address, telephone number and email address.
Detailed specification of the alleged illegal activity carried out on the website. In the case of an alleged violation of rights, precise and specific indication of the protected content, as well as its location on the web pages.
Facts or circumstances that reveal the illegal nature of said activity.
In the event of violation of rights, handwritten signature or equivalent with the personal data of the owner of the rights allegedly infringed, or, failing that, of the person authorized to act on behalf of the latter.
Express declaration, and under the responsibility of the claimant, that the information provided in the notification is accurate and of the illegal nature of the use of the contents or the performance of the activities described.

Said notification must be sent by postal mail to the following address: CEP, Calle Columela, 9, 4º dcha. 28001, Madrid, Spain.

NOTIFICATIONS

All notifications and communications sent by the user to the CEP will be considered effective, for all purposes, when addressed to the Customer Service through any of the following means:

Shipping by postal mail.
Send by email to the following addressinfo@europeanpistachio.eu

For its part, all CEP notifications to the user will be considered effective, for all purposes, when they are made in any of the following ways:

Sending by postal mail to the user's address when this has been previously brought to the attention of the CEP.
Sending by email to any of the accounts that the user has or may have as part of any other service that the CEP provides to the user.
Communication by means of a telephone call to the telephone number provided by the user, when this has previously been made known to the CEP.
Through pop-up messages sent during the provision of website services by the CEP to the user.

In this sense, all notifications made by the CEP to the user will be considered validly made if they are made using the data provided by the latter and through the previously indicated means. For these purposes, the user declares that all the data provided by him is true and correct, committing to notify the CEP of all changes related to the notification data.

APPLICABLE LAW AND JURISDICTION

The conditions of access and use, as well as any relationship between the user and the CEP, will be governed by Spanish legislation, considering that, in the event of any dispute arising from said conditions, the parties will submit to the exclusive jurisdiction and competence of the Courts and competent Courts, according to article 90.2 of the Consolidated Text of the General Law for the Defense of Consumers and Users.

Likewise, to resolve any litigation or controversy that may arise in the interpretation or execution of these conditions or the relations between the user and the CEP, both parties, expressly waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and exclusive competence of the Courts and Tribunals of Madrid.