Specific Online Terms and Conditions of Contract

Specific Online Terms and Conditions of Contract
The purpose of this document is to establish the Specific Online Terms and Conditions of the Go Sell Food service (hereinafter, the “Service”) provided by PROMOTORA FIOREMAR S.L., based in Barcelona, Spain, (hereinafter, “FIOREMAR”) on the web portal (hereinafter, the “Portal” or the “Website”.


Using and taking out the Service entails the CUSTOMER expressly accepting and abiding by these General Terms and Conditions of Contract for the online Service that shall govern the relationship entered into between the CUSTOMER and FIOREMAR (hereinafter, the “GT&CC”).


These General Contractual Terms and Conditions amend the previous General Terms and Conditions of October 2021 and shall enter into force from the time of their publication for new agreements, which shall be subject to the terms and conditions set forth below for current subscribers.
 

1. Service Description

We provide an online platform at www.gosellfood.com for advertising organic, biological, ecological, natural and environmentally sustainable COMPANIES, BRANDS and PRODUCTS, under the terms and conditions established by FIOREMAR, as set forth in these general contractual terms and conditions that were updated on 1 March 2022. The service provided by FIOREMAR may only be accessed by a Company if it holds a certificate that proves that its products are organic, biological, ecological, natural and environmentally sustainable. 

Advertising on this platform means choosing between one of the three schemes available:

Scheme 1: PREMIUM,
Scheme 2: STANDARD, and
Scheme 3: BASIC,
as explained in the following section (2. Service Levels).

FIOREMAR reserves the right to post, either in full or in part, the CUSTOMER’s advertisements on third-party portals, on publicity campaigns for promoting the portal, in addition to on other websites, such as social media and blogs, all of which the CUSTOMER hereby consents to.


2. Service Levels 

2.1.
Scheme 1: PREMIUM ADVERTISEMENTS 

  • This Scheme enables a COMPANY to obtain advertising space in the format it has engaged for its exposure on its Company Profile, which shall display the contact details it has provided: name, address, telephone number, email, category, link to its website and a description-explanation of its corporate purpose and products. 

  • It also allows up to six products to be advertised in the category selected from those made available by FIOREMAR. The brand name shall be highlighted in dark green, include a photo of the product, a description of it and a link to the website, showroom or shopping trolley.

  • The advertisements for the products shall be displayed on the following sections of the website: 1. Categories, which is accessed from the home page or main menu; 2. Products, which is accessed from the main menu where products are displayed with the dark green “PREMIUM” label in random order (the order changes when the website is updated). 3. Products highlighted as “PREMIUM” on the home page under “highlighted products” are displayed first in random order (the order changes when the website is updated) with a dark green label. 

  • Advertisements are posted in the order they were received, under the category selected by the company.

  • Price: €135 plus VAT per quarter

  • The price must be paid in advance at the time a Customer signs up for a scheme, for which there is a trial period of 14 days, when the Customer shall be entitled to withdraw from the scheme engaged. 

  • The Scheme includes a welcome post on our social media: Instagram, Facebook, Twitter and LinkedIn.

  • Access to the search box (magnifying glass) on the website is included. 

  • Reports on the number of visitors to our website are released to subscribers.

  • Companies shall have the opportunity to renew this Scheme before its expiry. 

  • Should a subscription not be renewed before its expiry, companies shall have their advertising campaign removed once the contractual period has come to an end. 

 
2.2. Scheme 2: STANDARD ADVERTISEMENTS 


  • This Scheme enables a COMPANY to obtain advertising space in the format it has engaged for its exposure on its Company Profile, which shall display the contact details it has provided: name, address, telephone number, email, category, link to its website and a description-explanation of its corporate purpose and products.

  • It also allows up to three products to be advertised in the category selected from those made available by FIOREMAR. The brand name shall be highlighted in light green, include a photo of the product, a description of it and a link to the website, showroom or shopping trolley.

  • The advertisements for the products shall be displayed on the following sections of the website: 1. Categories, which is accessed from the home page or main menu; 2. Products, which is accessed from the main menu where products are displayed with a light green label in random order (the order changes when the website is updated).

  • Advertisements are posted in the order they were received, under the category selected by the company.

  • Price: €90 plus VAT per quarter

  • The price must be paid in advance at the time a Customer signs up for a scheme, for which there is a trial period of 14 days when the Customer shall be entitled to withdraw from the scheme engaged. 

  • The Scheme includes a welcome post on our social media: Instagram, Facebook, Twitter and LinkedIn.

  • Access to the search box (magnifying glass) on the website is included. 

  • Reports on the number of visitors to our website are released to subscribers.

  • Companies shall have the opportunity to renew this Scheme before its expiry. 

  • Should a subscription not be renewed before its expiry, companies shall have their advertising campaign removed once the contractual period has come to an end. 

 
2.3. Scheme 3: BASIC ADVERTISEMENTS


  • This Scheme enables a COMPANY to obtain advertising space in the format it has engaged for its exposure on its Company Profile, which shall display the contact details it has provided: name, address, telephone number, email, category, link to its website and a description-explanation of its corporate purpose and products.

  • It also allows one product to be advertised in the category selected. The brand name shall be highlighted in yellow, include a photo of the product, a description of it and a link to the website, showroom or shopping trolley.

  • The advertisements for the products shall be displayed on the following sections of the website: 1. Categories, which is accessed from the home page or main menu; 2. Products, which is accessed from the main menu where products are displayed with a yellow label.

  • Advertisements are posted in the order they were received, under the category selected by the company.

  • Price: €50 plus VAT per quarter

  • The price must be paid in advance at the time a Customer signs up for a scheme, for which there is a trial period of 14 days when the Customer shall be entitled to withdraw from the scheme engaged. 

  • The Scheme includes a welcome post on our social media: Instagram, Facebook, Twitter and LinkedIn.

  • Access to the search box (magnifying glass) on the website is included. 

  • Reports on the number of visitors to our website are released to subscribers.

  • Companies shall have the opportunity to renew this Scheme before its expiry. 

  • Should a subscription not be renewed before its expiry, companies shall have their advertising campaign removed once the contractual period has come to an end, following which they shall switched to the free scheme. 

 
By accepting these General Contractual Terms and Conditions, the users acknowledge that they are aware of and accept the aforementioned charges. The charges may be modified by FIOREMAR, in which case it shall give due advanced warning of this. 


3. Procedure for engaging the Service:
 BUSINESS ADVERTISING

3.1.1 REGISTRATION 

Customers must register by clicking on the
SIGN UP button on the portal’s home page at www.gosellfood.com, and they must then: 

  1. Fill in all of the information requested. 

  2. Choose the type of subscription to be engaged, namely, Scheme 1: PREMIUM, Scheme 2: STANDARD, or Scheme 3: BASIC.

  3. Read and accept these T&C.

  4. Read and accept FIOREMAR’s privacy policy.

  5. Tick the optional box to consent to receiving marketing messages from FIOREMAR.

Lastly, the process is ended by clicking on the send button.

3.1.2 VALIDATION PROCESS. Using the information a company submits, FIOREMAR checks that it meets all of the conditions required to be included on the website and that it holds the certificates required as set out in the description of the service.

3.1.3. WEBSITE LISTING. Following validation, a WEBSITE LISTING is created that comprises a Company profile on the website that is posted in order of submission under the “Companies” section. Customers are sent a message so that they can approve the design of their profile and are sent a link so that they are able to make the payment of the scheme they signed up for (point 3.1.1). CUSTOMERS are asked to submit descriptions and photos of the products to be advertised. 

3.1.4 Website listing. This is when FIOREMAR begins to deliver its Service. Customers have a 14-day trial period with a provisional listing under the Scheme selected. They must likewise pay for the Service using the link sent over this 14-day period. Following the trial period without payment having been made, a company shall be DEREGISTERED, as it shall be understood that the company has in the end decided not to be added to the Directory or to the GoSellFood online marketplace.

3.1.5. Once the 14-day trial period has elapsed and provided the Customer has made PAYMENT, the Company’s definitive listing shall be confirmed. If the Customer has requested a change to an advertisement or its profile, a new email shall be sent to the company for final validation. If the Company has not replied within 48 hours, it shall be understood that the changes made have been accepted.

3.1.6. Both the company’s profile and the product(s) advertised under the scheme chosen
at the time of subscription and listing shall be entitled to any advertising GSF may post on other platforms to attract targeted traffic until the end of the initial 3-month subscription.
 

4. Current Subscribers

These general terms and conditions shall also apply to current subscribers who have been duly notified about them. In any event, they may remain on the website as a company until 31/12/2022, with their company profile, under the current terms and conditions but without their products being advertised. Furthermore, if current subscribers wish to continue advertising their products they shall be entitled to a 50% discount on the aforementioned prices they pay for the scheme they have chosen for the first quarter they re-engage the service in appreciation for the trust placed in the launch of the website.


5. Rules on posting advertisements:

As a general rule, the advertisements posted by a CUSTOMER on the Website shall be subject to the following rules: 

  1. The same advertisement may not be posted twice.

  2. Advertisement that contain photographs with watermarks of any other food portal, the CUSTOMER’s logo or contact details (telephone numbers, email addresses, URLs, etc.) shall not be posted nor, in general, shall any photograph that has nothing to do with the advertisement or does not meet minimum standards of quality.

  3. Advertisements with premium-rate contact telephone numbers such as 80x numbers shall not be posted.

  4. No advertisements shall be posted related to any product, service or information that may go against the law, moral standards, public order and FIOREMAR’s Code of Conduct and/or style guide for the use of the Website.


6. Compliance with advertising regulations:

FIOREMAR reserves the right, if necessary, to reject or modify an advertisement so that it complies with the regulations established for posting advertisements.


7. Limitation of liability 

    1. The CUSTOMER acknowledges and accepts that FIOREMAR’s maximum liability in respect of the CUSTOMER that may arise from placing advertisements on the Website is as follows: Should FIOREMAR fail to place an advertisement on the dates arranged or should an advertisement not be placed in the way and under the terms and conditions agreed upon, whether for technical or any other type of reason, or on any other grounds, the maximum liability shall be limited to subsequently re-placing the advertisement in a similar position and, were this is not possible or should FIOREMAR so decide, a refund in proportion to the price per advertisement actually paid by the CUSTOMER from the time it paid a monthly subscription.

    2. Under no circumstances may FIOREMAR be held liable for any other type of damages, whether direct, indirect or of any other type, nor for any loss of earnings sustained by the CUSTOMER as a result of its failure to post an advertisement in a timely and/or proper manner.

    1. FIOREMAR may not be held liable for delays, mistaken posts or failure to post an advertisement as a result of events or circumstances beyond its control, including, but not limited to, an administrative decision or ruling, fire, flood, uprising, earthquake, technical failure, riot, explosion, embargo, legal or illegal strike, shortage of staff or materials, any type of disruption of travel services, delays at work, or any other circumstance beyond the control of FIOREMAR, including any justified circumstance or grounds such as a force majeure event or act of God.

8. CUSTOMER representations and warranties/indemnity 

    1. The placing of advertisement of the Website is carried out based on the representations and warranties made by the CUSTOMER herein.

    1. The CUSTOMER is entitled to post the content of an advertisement, provided it is not in breach of the law or any third-party rights, including industrial and intellectual property rights. The CUSTOMER shall be liable for obtaining all public and private authorisations, and to make full payment for the use of the industrial and intellectual property rights contained in an advertisement (pictures, photos, videos, music, trademarks, logos, etc.). The CUSTOMER hereby states that it is aware that FIOREMAR has accepted to place the advertisement under the prior condition that these representations and warranties are fulfilled.

    1. With regard to the placing of pictures, sound and videos in advertisements, the CUSTOMER is solely liable for their content and it may not contravene the law or the legal system in place, nor may its advertisements contain insults, defamatory remarks, rude, vulgar, disrespectful or offensive language or discrimination of any type, in addition to complying with what has been set forth in the previous paragraph of this section.

    1. The CUSTOMER, as well as its advertisements, their content and any other of its materials that the Portal’s CUSTOMERS and users may access from the advertisement must comply with the rules in force on advertising, including that run on electronic media and online, in addition to any other regulations that may apply and, specifically, those on telecommunications, consumer protection, the right to reputation, privacy and personality, and the protection of minors and children.

    1. The placing of an advertisement on the Website does not entail a breach or violation of any legal and/or contractual obligation entered into by the CUSTOMER with third parties.

    1. The CUSTOMER shall be solely liable to FIOREMAR, Website users and third parties for the text and information contained in its advertisements. Thus, by way of example, but not limited to, FIOREMAR may not be held liable, whether directly, indirectly or otherwise, for damages of any nature that may arise for the users of the Portal and/or third parties due to the lack of the veracity, accuracy, authenticity and/or lawfulness of the data or information contained in an advertisement placed, as the Portal is simply a channel for disseminating it but does not take responsibility for its content or lawfulness in respect of third parties, as a result of which FIOREMAR waives all possible liability arising from an advertisement designed, produced and disseminated by the CUSTOMER.

    1. The CUSTOMER acknowledges and accepts that any contractual or, if applicable, non-contractual relationships that it may enter into with the users of the Portal or third parties contacted through the Portal are understood to be solely and exclusively between the CUSTOMER, such Portal users and/or third parties. Therefore, the CUSTOMER accepts that FIOREMAR, its employees and directors may not be held liable, whether directly, indirectly or otherwise, for damages of any nature whatsoever caused to the users of the Portal and/or third parties as a result of negotiations, conversations and/or contractual and/or non-contractual relationships they may enter into with the CUSTOMER.

    2. In any event, the CUSTOMER agrees to indemnify FIOREMAR, as soon as it is given notice to do so, for all expenses, costs and damages of any nature whatsoever (including the fees of lawyers and court representatives, even if their intervention is not mandatory) incurred by FIOREMAR as a result of any claim, whether enforced or pending, for damages of any type related to the publication or public disclosure of an advertisement and/or its content, including those based on the violation of industrial or intellectual property rights, slander, libel, defamation, a breach of the duty of non-disclosure, the disclosure of trade secrets, a breach of any legal or regulatory duty and/or unlawful, false or misleading advertising.


9. Right to reject an advertisement by FIOREMAR 

    1. FIOREMAR makes no undertaking to conduct a prior review of any advertisement, whilst any review conducted or approval given by FIOREMAR may not be understood as acknowledgement that an advertisement fulfils these Specific Terms and Conditions of the Portal nor the GENERAL TERMS AND CONDITIONS OF CONTRACT or any other laws that may apply.

    1. FIOREMAR reserves the right to enforce any of the following at any time at its entire discretion:

      1. To reject any advertisement, the instruction to place advertisements or any undertaking in respect of their positioning, visibility or priority on the Portal.

      2. To remove any advertisement from FIOREMAR’s Directory or any of its web pages at any time.


10. Terms and conditions of payment:

CUSTOMERS must make the payment for any of the Services engaged by direct debit, bank transfer or credit card, depending on the conditions arranged with the contact sales rep at any given time, if this scheme has been accepted by a CUSTOMER, in order to continue posting Paid Advertising of its business/products. If not accepted, the business CUSTOMER in question and its products shall be disabled on the Website and shall automatically not appear on it.

    1. Business CUSTOMERS must make the payment of the services engaged using a credit card or as instructed on the Website. In such cases, the Service shall not start until proof of payment has been duly received. Following which, if accepted by a CUSTOMER, the monthly subscription scheme shall commence, subject to the method of payment arranged with it as stated on the Website.

 
11. Refunds and Liability:

In the case of incidents for which FIOREMAR is liable – see disclaimer – or if a Customer requested a refund of the amount paid and FIOREMAR accepted to pay it as indemnity or as a refund, it shall be credited to the credit or debit card or the bank account that was used by the Customer to engage and pay for the service. 


12. Legal right to withdraw from the Service 


Pursuant to section 103 m) of the Consolidated Text of the General Consumer Protection Act, it is hereby stated that the 14-day right of withdrawal from the purchase of goods and services only falls to legal persons that operate in the market and that acquire them in their capacity as natural persons, i.e., consumers and end users. Therefore, the user shall automatically lose the right of withdrawal at the time it engages the Service as a business. Taking out any services shall entail setting them up and the loss of consumer status in respect of the right of withdrawal. Miscellaneous 

    1. FIOREMAR reserves the right to introduce any changes as it deems fit in the Specific Online Terms and Conditions of Contract, in addition to the prices of the Service.

    1. The prices of each Service shall be posted on the corresponding web page and shall be valid throughout the time they are accessible to a UserCUSTOMER.

    1. As a general rule, FIOREMAR shall inform CUSTOMERS that the electronic document in which the Service contract is drawn up shall not be kept on record on a permanent basis. They shall likewise be informed that the procedure for taking out a Service and all of the contractual documents that govern the relationship shall be drafted in Spanish.

    1. These Specific Online Terms and Conditions of Contract that govern the relationship between FIOREMAR and a CUSTOMER shall be enforceable from the start of the procedure for contracting an online Service as set forth herein until the end of the term for which the placement of advertisements has been engaged on any of FIOREMAR’s platforms.

    1. The use and the taking out of the Services shall be subject to the Portal’s Data Protection Policy.


13. Governing law and jurisdiction
 

All matters related to the Portal and these Specific Online Terms and Conditions of Contract are governed by the Laws of the Kingdom of Spain and any disputes related to them shall be submitted to the jurisdiction of the address of the User if it is a natural person. However, in the case of business CUSTOMERS, in order to resolve any disputes or disagreements on the enforcement, execution, performance and interpretation of these Specific Online Terms and Conditions of Contract, the Parties shall expressly submit, with specific waiver of any other jurisdiction to which they may have recourse, to the Courts and Tribunals of the city of Barcelona. Should a user be domiciled outside of Spain, FIOREMAR and the CUSTOMER shall submit to the Courts and Tribunals of the city of Barcelona (Spain), with express waiver of any other jurisdiction to which they may have recourse.

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Note:
Specific Online Terms and Conditions of Contract updated on 22 March 2022
PROMOTORA FIOREMAR, belongs to the SiteGround Affiliate Program. _ALT