Information concerning compliance with section 10 of the Information Society Services Act (LSSICE)
- Owner: PROMOTORA FIOREMAR, S.L. (hereinafter, FIOREMAR)
- TIN: B-64016249
- Registered address: Calle Enrique Granados 111 – (08008) – Barcelona, Spain.
- Customer Service Helpline: (+34) 800 500 001
- E-mail: email@example.com
Our website at www.gosellfood.com (the “Site” or “Website”) belongs to the Spanish company PROMOTORA FIOREMAR S.L., which was incorporated by the Notary of Catalonia Mr Raúl Cillero Raposo, on 14 November 2005, for an indefinite term, under number 3.274 of his records, is the holder of TIN B-64016249, Spanish business classification code (CNAE) 0129, has its registered address in Barcelona at C/ Enrique Granados, 111, and is registered with the Companies Registry of Barcelona in Volume 38.062, Folio 91, Sheet number B-317.046.
Personal data protection
The personal data collected from the Website shall be used for the sole purposes of providing the services requested and invoicing them. Your data shall be stored in files owned by FIOREMAR and kept on file for the period of time required by law. You may exercise your rights of access, rectification, cancellation and objection by writing to FIOREMAR at the following address: Calle Enrique Granados 111 – (08008) – Barcelona, Spain. This data protection policy shall be based on the Spanish Data Protection Act (LOPD), its implementing regulations and Regulation (EU) 2016/679 on data protection and other laws that may apply at any given time.Intellectual property and content liability
Except where specified otherwise, all copyrights, logos, registered trademarks and other intellectual property rights over the Website and its content (including, amongst others, the different website screens and sections, content and other materials) included on this Website and all software and source codes related to the Website belong to FIOREMAR or third parties that have granted the required licences of use to FIOREMAR. Any use of the Website content, specifically regarding texts, designs or source codes, without the express authorisation of their owners is prohibited. Any unauthorised use shall be duly pursued by the legitimate owners. Liability waiver
The owner of this Website may not be held responsible for content that leads to links posted on it, pursuant to section 17 of Act 34/2002 on Information Society Services and Electronic Commerce, provided:
a) It has no effective knowledge that the business or information it links to or recommends is unlawful or damages the property or the rights of a third party entitled to indemnity, or
b) If it does, it acts diligently to remove or disable the corresponding link.
Similarly, the Website owner does not guarantee continual access or the proper display, download or use of features and information contained on the Website that may be prevented, hindered or interrupted by factors or circumstances beyond its control.
FIOREMAR is a company registered with the Companies Registry of Barcelona, the holder of the rights on the Website at www.gosellfood.com and with registered address at C/Enric Granados, 111 – (08008) – Barcelona, Spain. Email: Info@gosellfood.com
All contents on the Website (the “Site”) are exclusively owned by FIOREMAR, its associate or group companies or their legitimate owners. Contents include but are not limited to texts, sound, photographs, graphics, images, visual and sound videos, graphic designs and any other elements of intellectual or industrial property that are part of the Site. Similarly, the trademarks, trade names and distinctive signs are owned exclusively by FIOREMAR or their legitimate owners.
The User must respect all intellectual and industrial property rights held by FIOREMAR and, if applicable, third parties.
The assignment of FIOREMAR’s rights over the Site is expressly prohibited. In particular, copying, reproducing, processing, distributing, passing on, disclosing, publishing or using any part of the Site or any contents on it, by any means, including if the source is quoted, is expressly prohibited. The purpose of this Disclaimer is to establish the legal conditions that regulate the access and use of the Site by any User, so that its access and use are subject to the mandatory acceptance of the following Terms and Conditions:
1. The User states that he/she has the legal capacity to use the Site and is not prohibited or legally disqualified from using it, pursuant to the laws in his/her country of residence or country from which the Site is accessed.
2. The use of the Site implies the User’s fully acceptance of all the terms and conditions set out in the Disclaimer. The User agrees to carefully read and understand the Disclaimer before using the rest of the Site. The User agrees not to use the Site if the User is in disagreement with one or more parts of the Disclaimer.
3. a. FIOREMAR recommends that you print and carefully read the Disclaimer. b. The concepts "User account", "Customer account" and other equivalent concepts or expressions used on the Site may refer – depending on the type of text and the environment in which such concepts are found on the Site – to both private accounts and company accounts created on the Site.
4. The User may not access, neutralize, modify, delete, impair, circumvent, disrupt, disable, manipulate or in any way violate the following Site functionalities:
i. The Site’s functionality, security and programming codes and those of digital products available on the Site.
ii. The functionalities that prevent or restrict using or copying digital products available on the Site.
iii. The functionalities that impose restrictions on the use of digital products available on the Site.
5. Nothing stipulated in the Disclaimer shall affect the User’s legal rights as a consumer, which may not be contractually modified or waived.
6. For any potential inconsistencies or discrepancies between the versions of the Disclaimer in different languages, the Spanish language version shall prevail.
7. FIOREMAR may not be held liable nor shall it accept any claims made by the User or any third parties for the rejection of any legitimate email message as a result of anti-spam systems or other incompatibilities with the User’s technical resources.
8. The User agrees to immediately report any breach or violation of the Disclaimer or the Site’s security standards of which he/she may become aware.
9. FIOREMAR authorises the User to access the Site and use it subject to all of the terms and conditions in the Disclaimer and, in particular, the following conditions: i. The User undertakes not to access the Site through any digital or physical technology or media other than those provided by FIOREMAR for this purpose. These media or technologies include, but are not limited to, digital media such as websites that reproduce video or read digital documents. ii. The User agrees to not collect the personal data of any Site user, including the account names of registered users on the Site.
10. The User agrees to comply with all of the Disclaimer’s terms and conditions at all times while using the Site.
11. FIOREMAR is continually innovating in order to provide the best possible products. The User acknowledges and accepts that the range and nature of the products provided by FIOREMAR may vary at any time without prior notice.
12. a. As a result of this process of constant innovation, the User acknowledges and accepts that FIOREMAR may be forced to interrupt (either permanently or temporarily, in full or in part) – as many times as FIOREMAR may deem fit – the products on offer on its Site, as a consequence, by way of example, but not limited to, of i) the possible need to implement security measures on the Site, or ii) to carry out maintenance work on it. b. In any cases in which FIOREMAR is forced to discontinue the range of products provided from the Site – pursuant to the provisions of point 12.a. of the Disclaimer – the User shall not be entitled to claim for indemnity or a refund as remedy related to any loss or direct, indirect or consequential damage arising from any such potential interruptions from FIOREMAR, or from any natural person or legal entity. Specifically, the User shall not be entitled to claim for indemnity or a refund from FIOREMAR or any other natural person or legal entity in relation to the potential impossibility of benefiting from the products (that would have eventually been purchased from FIOREMAR by the User via the Site and whose valid period of use were in force during the possible interruptions) as a result of any such interruptions.
13.a. The User acknowledges and agrees to be held solely responsible (without FIOREMAR assuming any liability to the User or any other natural person or legal entity) for any breach or violation of its obligations provided for in the Disclaimer and the consequences thereof (including any direct, indirect or consequential loss or damage that FIOREMAR or any other person or legal entity may incur) that may arise from such a breach or violation. FIOREMAR and its subsidiaries, managers, representatives and employees shall be held harmless from all claims, lawsuits or legal actions that may arise from the use of the Site or the products offered by FIOREMAR on it, and from the violation or breach of the Disclaimer by the User, including any liability or expense arising from claims; direct, indirect or consequential losses or damages; claims, lawsuits and court costs as well as legal fees. b. Any User who accesses this Site undertakes to make proper use of it, without altering, distorting, impairing or discrediting the information or advertising accessed in any way whatsoever. Furthermore, the User undertakes not to use the information, advertising, activities, products or services made available by FIOREMAR to carry out activities contrary to law, decency or public order and, in general, the User undertakes to make use of the aforementioned contents, and the whole of the Site in general, in compliance with this Disclaimer. c. The User shall be held liable for any damages of any nature that FIOREMAR or any natural person or legal entity may sustain as a consequence of a breach by the User of any of the obligations to which he/she is subject to by virtue of this Disclaimer. The User’s violation of the Disclaimer shall entail the appropriate legal procedures being lodged.
14. a. The Site is offered “as is” whereby FIOREMAR grants no warranties (including any type of implied warranty of satisfactory quality or suitability to a specific purpose or description) beyond those warranties explicitly made by FIOREMAR in the Disclaimer, nor shall it make any representations against the User or any other natural person or legal entity in respect of the Site. Specifically, FIOREMAR makes no representations or warranties to the User, nor to any other natural person or legal entity, in respect of the following: i. That the use of the Site shall fulfil the User’s requirements and expectations. ii. That the use of the Site shall be uninterrupted, regular, secure and free of errors. iii. That the information that the User obtains as a result of using the Site shall be correct, accurate and reliable. iv. That any potential shortcomings or errors that may occur in the way the Site works and its functionalities shall be rectified. b. That FIOREMAR may not be held liable for the malfunction of the Service due to technical problems arising from external factors, the misuse or inappropriate use of the Service pursuant to its rules by the User or for any other technical reason that could prevent the proper rendering of the services provided on this Site. Therefore, FIOREMAR is unable to warrant that the system shall work on a permanent basis, as it is unable to ensure the reliability, availability, and continuity of the Site. c. The User waives the right to any compensation or indemnity from FIOREMAR or any other natural person or legal entity as a result of damages arising from information, advertising, statements or opinions expressed in any manner and on any part of this Site. d. The User hereby states that he/she is aware of and accepts that the information contained on the Site does not constitute professional advice nor is it a substitute for advice given by other experts. e. The information, products and services contained on this Site are for information and advertising purposes only. In the event that the User wishes to contact FIOREMAR or receive more information about our products and services, he/she may use the address and contact information posted on the Site.
15. Nothing contained in the Disclaimer shall exclude or limit the liability of FIOREMAR for direct, indirect or consequential losses or damages that may not be legally excluded or limited according to applicable law.
16. Subject to the general provision included under heading 15 above, FIOREMAR may not be held liable by the User, or any other natural person or legal entity, for: i. Direct, indirect or consequential damages incurred by the User, or any other natural person or legal entity as a consequence of using the Site, including by way of example, but not limited to, the following scenarios: loss of earnings (regardless of whether direct or indirect losses), loss of business funding or investment, loss of business prestige or data losses sustained by the User, or any natural person or legal entity. ii. Direct, indirect or consequential damages incurred by the User, or any other natural person or legal entity, as a result of: a. Force majeure events such as, but not limited to, the following scenarios: fire, explosion, transmission network failure; economic, political or social crisis; collapse of facilities; military, guerrilla or terrorist attacks; natural, nuclear or biological disasters; hurricane, tornado, tsunami, landslide, epidemic, earthquake, seaquake, volcanic eruption, flooding, power failure, war, embargo, law, mandate of any government, strike, putsch, revolution, boycott, withdrawal of a telecommunications operator’s authorisation or any other event beyond FIOREMAR’s reasonable control. b. The credibility that the User, or any other natural person or legal entity, may give to the thoroughness, truthfulness, accuracy or existence of any type of advertising material that may appear on the Site or as a consequence of any relationship or transaction that could be entered into between the User, or any other natural person or legal entity, and any advertiser or sponsor whose direct or indirect advertising or products could appear on the Site. c. Any change that FIOREMAR may introduce to the Site’s design, configuration, functionality, administration or programming. d. Any full or partial, permanent or temporary loss of access to the Site (or any of its functionalities). e. Hacking, cracking, thieving, wardriving, wardialing, port scanning, warchalking or spoofing, in particular, or as a consequence of any abusive use of technology or information in general that could occur. f. The deletion, impairment, distortion, dissemination, publication, disclosure, corruption, storage failure or loss of any type of information or data belonging to the User, or any other natural person or legal entity and, in particular, any type of information or data belonging to the User, or any other natural person or legal entity, that was stored on or transmitted through the use of the Site by the User or any other natural person or legal entity. g. The failure by the User or any other natural person or legal entity to provide FIOREMAR with true, correct and accurate information whether on the account creation form, a product order form or any other section of the Site where the User, or any other natural person or legal entity, could provide information to FIOREMAR, in the event that FIOREMAR considered the submission of the information necessary, by the User or any other natural person or legal entity, and required them to provide it, as well as in the event that the User, or any other natural person or legal entity, decided to provide FIOREMAR with spontaneous, voluntary or optional information, provided such disclosures fell within the bounds of law. h. The failure by the User to safeguard the security and confidentiality of his/her credentials (username and password) or other information or data belonging to the User’s Site account.
17. The restrictions on FIOREMAR’s liability to the User or to any other natural person or legal entity included under heading
16 of the Disclaimer shall be enforceable regardless of whether FIOREMAR has been notified or should have been notified about the possible eventuality of such losses or damages.
18. i. FIOREMAR reserves the right to modify the Disclaimer at any time, such as if it were required to adapt the Disclaimer to changes in current legislation or to adapt it to changes in the nature of the products offered by FIOREMAR on the Site. ii. As soon as FIOREMAR has drafted a new version of the Disclaimer, it shall take the following steps: a. Upload the updated version of the Disclaimer to the Site, whereby it shall give clear warning to the Users of the Site about the amendment to it. b. Send all Users who have an account on the Site notification of the changes to the Disclaimer via email and request these Users to review the new version of the Disclaimer on the Site. iii. In turn the User undertakes to regularly review the Disclaimer on the Site in order to check if it has been modified. iv. If a User, once informed of FIOREMAR’s modification to the Disclaimer by email, does not agree with the new Disclaimer, he/she shall be allowed a period of fifteen (15) consecutive calendar days, counted from the day the email was sent by FIOREMAR, to accept or reject the new Disclaimer. It shall be understood that Users who have an account on the Site have accepted the amendments to the Disclaimer if no action is taken by them within this fifteen (15) day period. v. Should a User who has an account on the Site (and has not purchased a product from the Site) decide to reject the new Disclaimer established by FIOREMAR, the User must immediately delete his/her account from the Site and waive all right to indemnity or refund from FIOREMAR or any other natural person or legal entity, in addition to refraining from using the Site further. In the event that a User who has an account on the Site and is subject to the contractual term of one or more of the products offered by FIOREMAR on the Site decided to reject the new Disclaimer, the use of the Site, the User’s account on the Site and the product(s) offered by FIOREMAR on the Site shall be governed by the last version of the Disclaimer accepted by the User until the end of the contractual term of the last version of the General Terms and Conditions (hereinafter, GT&C) entered into by the Customer. Once this term has ended, any User who has decided to reject the updated Disclaimer must immediately delete his/her account from the Site and waive all rights to indemnity or a refund from FIOREMAR or any other natural person or legal entity, in addition to refraining from using the Site further. vi. FIOREMAR likewise reserves the right to totally or partially, temporarily or permanently modify, change or update the Site’s content and design at any time whatsoever. Furthermore, FIOREMAR reserves the right to modify or alter the nature of the services at any time.
19. This Disclaimer, together with the GT&C – in the event that the User contracts all or any of the products made available by FIOREMAR on this Site – constitutes a full legal agreement between the User and FIOREMAR. This Disclaimer governs the use of the Site, as well as the use of the User’s account should one be set up on the Site and the products the User may purchase from FIOREMAR on the Site, and supersedes any prior agreements entered into between the User and FIOREMAR in relation to the use of the Site, in the event the User creates an account on the Site, in addition to the use of the User’s account on the Site and any products the User may purchase from FIOREMAR on the Site.
20. The User accepts that FIOREMAR notify him/her, including notifications relating to changes that could eventually be made to the Disclaimer, via email, post or posts on the Site.
21. All notifications that may refer to the exercise of the rights of access, rectification, cancellation and objection to the processing of the User's personal data must be sent in writing to FIOREMAR at Enrique Granados, 111 – (08008) – Barcelona, Spain.
22. The User accepts that should FIOREMAR fail to allow him/her to exercise any rights or take any legal actions provided for in the Disclaimer (or those to which FIOREMAR may be entitled under applicable law), this shall not constitute a formal waiver of such rights, whereby all such rights and legal actions shall remain in force for FIOREMAR.
23. Should a court with competent jurisdiction rule that any of the terms and conditions in the Disclaimer were invalid, these terms and conditions shall be deleted from the Disclaimer, but the remaining terms and conditions shall not be affected and shall remain fully enforceable in all respects.
24. The User acknowledges and accepts that all members of the group of companies to which FIOREMAR belongs or could eventually belong shall be third-party beneficiaries of the Disclaimer and that said companies shall have the right to directly enforce compliance with any of the provisions in the Disclaimer that provides a benefit for (or any rights to) these companies. No other natural person or legal entity other than these companies shall be third-party beneficiaries of this Disclaimer.
25. a. FIOREMAR may fully or partially, temporarily or permanently suspend, block or cancel the account of a registered User of the Site at any time if: i. The User breaches any of the terms and conditions in the Disclaimer (or if the User acts in a manner that clearly and obviously indicates that he/she does not have the intention or ability to comply with the Disclaimer). ii. FIOREMAR is obliged to do so by Law or as required by a judicial authority or any other competent body. b. FIOREMAR may also fully or partially, temporarily or permanently suspend, block or cancel the account of a registered User of the Site at any time in the event that FIOREMAR decides to temporarily or permanently stop operating the Site for any reason.
26. In the event of the eventual cancellation of a registered User’s account, all legal rights and obligations that may fall to both the User and FIOREMAR shall remain unaffected by this termination, and the provisions included under heading 23 of the Disclaimer shall continue to apply indefinitely to such rights and obligations.
27. The User agrees that the failure to observe any of the conditions listed in the Disclaimer shall constitute a breach of it.
28. The Disclaimer and the relationship between the User and FIOREMAR, as provided for herein, shall be governed by Spanish law. Any dispute, discrepancy or litigation arising from the Disclaimer or related to the GT&C or the Site are subject to the exclusive jurisdiction and competence of the Courts of Barcelona, Spain, with express waiver of any other jurisdiction to which the parties may have recourse.