1. INFORMATION ABOUT THE WEBSITE:
The WEBSITE https://www.opticarilo.com, is held by MOYA, the website administrator for the online sale of liqueurs produced in-house.
1.1. ADVERTISEMENT ON THE WEBSITE:
The Website: https://www.opticarilo.com, may contain advertising and sponsorship. Third-party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with the relevant applicable laws. Grupo2 shall not be held liable for any errors, inaccuracies or irregularities in the advertising and sponsorship material.
2. AVAILABILITY OF THE WEBSITE:
The website administrator undertakes to answer any queries and requests from its USERS/CUSTOMERS as quickly as possible.
However, on occasion and due to issues that are more difficult for the website administrator to control, such as human errors or computer system incidents, the speed of the services provided to USERS/CUSTOMERS may differ from those originally offered by the website administrator in order to fulfil the USERS/CUSTOMERS’orders.
If it is not possible to process or fulfil an order once it has been placed, the USER/CUSTOMER will be informed by e-mail that it has been annulled.
3. WEBSITE SECURITY:
The website administrator possesses the maximum security measures commercially available for this sector. The secure server establishes a connection that ensures that information is encoded using a 128 bit to 256 bit algorithm, guaranteeing that it is only comprehensible and understandable by the USER/CUSTOMER’s device and the WEBSITE, using SSL “Secure Socket Layer”, previously known as TLS “Transport Layer Security”, which is a cryptographic protocol that ensures privacy and integrity when sending secure communications over a communication network, most commonly the internet, in order to guarantee that any information transmitted over this type of network cannot be intercepted or modified by unauthorised elements, and that only legitimate senders and receivers are able to access the communication, in a way that guarantees:
- That the USER/CUSTOMER´s data is sent to the website administrator´s server and not to any other party that may be attempting to impersonate the administrator.
- That all data sent between the USER/CUSTOMER and the website administrator is encoded, therefore preventing it from being read or manipulated by a third party.
4. ACCESS AND USE OF THE WEBSITE:
4.1. OUR CONTENT:
USERS/CUSTOMERS are completely responsible for their own behaviour when accessing and browsing the WEBSITE and after said access.
As a consequence of the foregoing, USERS/CUSTOMERS are solely responsible before the website administrator and third parties for:
- Any consequences that may be derived from the use of any content contained on the WEBSITE, whether or not it was created by website administrator, and whether or not it is officially published under their name, for any acts or purposes that are illegal or that go against the terms set forth in this document.
- Any consequences that can be derived from any usage that goes against the terms of this present document and that is harmful/detrimental to the interests or rights of third parties, which could damage or render useless the WEBSITE or its services, or that could stop/impede the normal use by other users.
- The administrator of the website reserves the right to update, delete, limit or block access to the content of the website, whether on a temporary or permanent basis when considered convenient. The administrator also reserves the right to deny access to the WEBSITE to any USERS/CUSTOMERS that misuse the contents and/or have failed to comply with the terms and conditions that are set forth in this document.
The administrator of the website does not guarantee:
- That access to the WEBSITE and/or any linked websites will be uninterrupted and error-free.
- That the content or software that the USER/CUSTOMERS access through the website or the linked websites will not contain any errors, viruses or any other elements that could disrupt their system or any electronic documents or files stored on their system, or result in any other damage.
- That the use that USERS/CUSTOMERS may make of the information or content contained on the WEBSITE or linked websites is only for personal purposes.
5. MODIFICATION/CHANGE OF THE TERMS AND CONDITIONS OF USE:
The administrator reserves the right to modify, at any time, the appearance and settings on the WEBSITE, as well as the present terms and conditions of use.
Therefore, the administrator of the website recommends that the USER/CUSTOMER read the terms and conditions of use carefully every time that they access the WEBSITE.
Said terms and conditions will always be available for consultation by USERS/CUSTOMERS in a visible place.
6. OUR WEB RESPONSIBILITY:
The administrator of the website is not responsible for the following, which includes but is not limited to:
- Any use that the USERS/CUSTOMERS may make of the WEBSITE or linked website material, whether prohibited or permitted, which is in breach of the intellectual and/or industrial property rights of the WEBSITE or third party content.
- Any possible damage caused to USERS/CUSTOMERS by the normal or abnormal functioning of search tools, the organisation or location of the content and/or access to the WEBSITE, and, in general, any errors or problems generated when developing or implementing the technical elements that the WEBSITE or a programme offers the USER/CUSTOMER.
- The contents of any pages that USERS/CUSTOMERS may access through links included on the WEBSITE, whether authorised or not.
- The acts or omission of third parties, regardless as to whether said third party may be attached to the administrator website through a contract.
- Access to the WEBSITE content by minors. It will be the responsibility of the minor´s parents or legal guardians to control their Internet activity in order to prevent access to materials or content that is not suitable for minors and to prevent them from disclosing any personal data without prior authorisation of their parents or legal guardians.
The administrator of the website will not be responsible in any case when the following occurs:
- Errors or delays in accessing the WEBSITE by the USER/CUSTOMER when entering their data in the product order form, the slow or non-receipt of the order confirmation by the recipient, or any other anomaly that may arise when these incidents are due to Internet network problems, unforeseeable circumstances or force majeure, or any other unexpected contingency which goes beyond the good faith of the website administrator.
- Errors or incidents that may occur in communications, such as erasures or incomplete transmissions, which cannot guarantee the complete functioning of the website.
- Any errors or damages produced to the website by an inefficient service and due to acts of bad faith by the USER/CUSTOMER.
- Problems with the USER/CUSTOMER´s e-mail address for sending the receipt of the order.
In any case, the website administrator undertakes to resolve any problems that may emerge, offering the USER/CUSTOMER any support they may need to resolve the incident in a quick and efficient manner.
In addition, the website administrator is entitled to carry out promotional campaigns during specific periods in order to encourage new members to register for its online sales service.
Asimismo, el administrador de la página web tiene derecho a realizar durante intervalos temporales definidos, campañas promocionales para promover el registro de nuevos miembros en su servicio de venta online.
The website administrator reserves the right to modify the conditions of the promotions or extend them by duly informing participants, and, likewise, they may exclude the participation of any USERS/CUSTOMERS in the promotion if any abnormality, abuse, or non-ethical behaviour is observed.
7. LSSI-CE AND DATA PROTECTION COMPLIANCE CERTIFICATES
MOYA, holder of the website, https://www.opticarilo.com, complies with the GDPR-EU data regulations, the
Spanish Data Protection and Rights Law (LOPDGDD) and the Law for Spanish Information Society Services and Electronic Commerce (LSSI-CE), and it receives guidance on these regulations from GRUPO QUALIA,. It has been awarded certificates in digital format in order for these to be displayed on its website.
7. 1. INDUSTRIAL AND INTELLECTUAL PROPERTY:
The website administrator holds all the rights to the content, design, and font code of this website: and of the WEBSITE, including but not limited to photographs, pictures, texts, logos, designs, brands, commercial names, and data that are included on the website.
We advise the USERS/CUSTOMERS that these rights are protected under the applicable Spanish and international legislation related to industrial and intellectual property, the Spanish Royal Legislative Decree 1/1996, dated 12 April and the following modifications.
Directive-EU-2019/790 of the European Parliament and Council of 17 April 2019, on copyright and related rights in the Digital Single Market.
Without prejudice to the foregoing, the content of the WEBSITE, is also considered as a computer programme and, therefore all of the content of the Spanish and European regulations related to this matter is applicable to this website.
The copy, reproduction, adaptation, modification, distribution, commercialisation, public communication, and any other action that is illegal according to the Spanish and/or international valid regulations are prohibited, as is the use of website content without prior written authorisation.
The website administrator informs that they do not grant any license or implicit authorisation for the intellectual property rights or any other right or direct or indirect ownership of the contents included on the WEBSITE: https://www.opticarilo.com.
The administrator only authorises the use of the website content for information and services purposes, when the source is cited or referenced, and the user will be solely responsible for the misuse of said contact.
If any of the clauses of these present terms and conditions of use is declared null, the remaining clauses will remain in force and will be interpreted taking into account the will of both parties and the purpose for which it is contained in the present terms and conditions.
The website administrator may not exercise any of the rights and powers conferred in this document, which shall in no case imply the waiver of the same unless expressly recognised by the website administrator or in the statute of limitations for the corresponding action in each case.
9. APPLICABLE LAW AND ARBITRATION:
The present terms and conditions of use are governed by the provisions set forth in the Spanish Law on this matter. In order to resolve any controversies or disputes, both parties subject themselves to the jurisdiction of the courts of MANACOR, legal jurisdiction, ARTÀ, home city of the company MOYA, holder of the WEBSITE, unless another jurisdiction is required by law.
To consult Article 40.5 of the Law 7/2017, dated 2 November, in its Article 40.5, which transposes into Spanish law the Directive 2013/11/EU, of the European Parliament and of the Council, of 21 May, in its Article 5.1., on Alternative Dispute Resolution in Consumer Matters: Online Dispute Resolution Platform: (click here).
USERS/CUSTOMERS undertake to browse and use the WEBSITE in good faith.
The USERS/CUSTOMERS´s data will be used to email any online or physical processes performed by the website administrator.
USERS/CUSTOMERS will not provide any personal information by simply browsing the website nor will they be obliged to provide it.
The website administrator undertakes to keep any information provided confidential, using it only for the purposes indicated.
The website administrator assumes that the data has been entered by the holder or by an authorised person, and that the data is correct and precise.
MOYA informs of the possibility of exercising the rights of access, which allows the web user to know what personal data is held by the administrator of this page, as long as the administrator still preserves said data they will answer within 30 days; the right of rectification, which allows the web user to correct errors, modify any data that is inaccurate or incomplete and ensure the accuracy of the information; the right of opposition, by means of which they may request for the data not to be processed; the right of deletion that allows the deletion of any inappropriate or excessive data; the right of limitation, by means of which the web user may request that the processing of their data is limited once they have exercised their right to rectify their personal data; and the right of portability, by means of which the user may obtain a copy of the personal data provided on the website in order for this to be transmitted to other services. These rights may be exercised by any means that provides proof of delivery and receipt, sending the request by mail to the WEBSITE
administrator´s address, or by sending an e-mail to firstname.lastname@example.org, providing a photocopy of your ID card or any alternative documentation proving your identity.
Unless you inform us otherwise, we will understand that your data has not been modified in any way, and as a user you are committed to notifying us of any variations, providing us with consent to use it to improve customer loyalty.
Pursuant to the stipulations set forth in Article 21 of the Law 34/2002 on Information Society Services and Electronic Commerce, we request your consent to send any advertisement communications that we consider to be of interest to you, via e-mail or by any other means of electronic communication. You will be able to give consent and accept the conditions of use by ticking the check box at the bottom of the form or website.
To modify, update or cancel your personal data, the USER/CUSTOMER must send an e-mail from their account to email@example.com with the subject.
Therefore, the USER/CUSTOMER is responsible ensuring the veracity of their data, and the administrator of the website will not be responsible for any inaccuracies in the USERS/CUSTOMER´S personal data.
In accordance with current legislation on data protection, the website administrator has adopted the appropriate levels of security for the data provided by USERS/CUSTOMERS and, likewise all means and measures within their power have been installed to prevent the loss, misuse, alteration, unauthorised access, and extraction of the same.