Part (A) - Terms and Conditions
This page (together with the documents referred to) contains the terms and conditions ("Terms and Conditions") to purchase products ("Products") displayed on our website http://www.bartolomegourmet.com (the "Website"). Read them carefully before making any purchase. The placing of an order implies acceptance of these Terms and Conditions. You can print and keep a copy of them for future reference.
Status: October 10, 2015
We store the contents of all Contracts and you do get more information via email. The Terms and Conditions are at your disposal at all times, so you can download them here whenever you want. For more information about your past orders, sign accessing "My Account".
1. About us, our Agent and these Terms and Conditions
Bartolome Gourmet is a sole person under number 50703759Y, with tax residence in De la Sal Street, number 2, Madrid, 28012, Spain. You can send us your comments or suggestions by email (firstname.lastname@example.org) or by calling +34 913 66 42 69, Monday to Friday from 10 to 16h.
1.2 These Terms and Conditions govern the sale to customers of any of the products displayed on our website. The placing of an order constitutes legally binding acceptance of these Terms and Conditions.
1.3 In these Terms and Conditions:
a) "Account" means the account that you create on the Web to carry out any order.
b) "Acknowledgement" refers to our acknowledgment of the order by email.
c) "breach of duty" refers to that specified in clause 10.11 (b) of these Terms and Conditions.
d) "Business Day" means any day other than (i) a Saturday or Sunday or (ii) a holiday in any part of Spain.
e) "Mail Order Confirmation" means the email we send you to confirm the validity of your Order, in accordance with clause 4.9 below.
f) "Contract" means the order for a product in accordance with these Terms and Conditions, which you accept as set out in clause 4.9 below.
g) "Customer" means the person placing the order.
h) "Liability" means detailed in clause 10.11 (a) of these Terms and Conditions.
i) "Order" means the Order placed on our website in order to purchase our products.
j) "You" is the client placing the order.
k) "clauses" are the clauses in these Terms and Conditions.
l) The titles of the clauses serve as reference only and shall not affect the interpretation of these Terms and Conditions.
m) Words denoting the singular include the plural and vice versa. The words expressed in a given gender shall include all genders and references to persons shall include individuals, corporations, partnerships, companies or associates.
n) the words "includes" or "including" and similar words or expressions mean "unlimited".
1.4 These Terms and Conditions form part of our intellectual property. Use of third parties are not allowed, or whole or in part, with the intention of offering commercial products or services. The breach of this prohibition is subject to legal action.
2. Your state
By placing an order on our website, you ensure that:
- Are you over 18.
- Resides in Spain.
3.1 These Terms and Conditions shall apply to any order or agreement made or to be performed in order to sell and distribute our products. The placing of an order or delivery order or acceptance of delivery of the Products is the unqualified acceptance of these Terms and Conditions. None of these Terms and Conditions affect your statutory rights (including the right to claim that the Products purchased a business must match their description, fulfill their objectives and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate document that is signed. Any condition that you submit estipules in any format and time is excluded, or propose, either in writing, by email or orally.
3.3 Additional terms or modifications to these Terms and Conditions will be binding unless otherwise provided by BartolomeGourmet document written and signed.
4. Registration of Contracts
4.1 To place an Order you must create an account on the web, as detailed in clause 10, and follow the instructions on how to order and modify it before you terminate it.
4.2 Formalizing phone contract
4.2.1 The customer can make the purchase of products by telephone by calling +34 913 664 269, Monday to Friday from 10 to 16h, once BartolomeGourmet previously registered and have a user account .
4.2.2 In keeping with the conditions of paragraph 4.2.1 above, the customer may proceed to the processing of your order by calling the above stated number of Customer Service. It must provide the operating data required for the purchase (name, surname, email address, billing and shipping address, if the latter does not correspond to the billing address).
4.2.3 The order will be considered accepted at the end of the call and be construed, even in this case, as contract proposal under the terms of Article 1261 of the Civil Code. After completing the order, the customer will receive from BartolomeGourmet confirmation that your order has been received and accepted failing BartolomeGourmet.
4.2.4 BartolomeGourmet reserves the right to accept or reject the applications received. In the event that an order is rejected, the customer is not entitled to any claim. The contract shall be formalized in any case at the time the customer receive in your email account order confirmation.
4.2.5 Prior to assignment of an order, in the form described in section 4.1 as those set out in 4.2, customers are invited to read carefully this document.
4.3 Regardless of any previous price you have ever seen or heard, once selected a Product to Your order will show the corresponding price (on the Web), including VAT, if any, and any applicable shipping costs. Unless the Web otherwise stated, all prices are displayed in the currency in force in Spain at the time of purchase. In accordance with clause 4.11 below, this is the total amount payable by the Order placed.
4.4 In order to complete the purchase process, you must pay the full amount of the order at once. To do this, you can provide us the data of a credit card or valid debit or using a PayPal account. If you prefer, you can pay with any form of payment offer. The payment methods are: credit or debit card, PayPal, payment on delivery or payment by bank transfer. It is not allowed to use data or third-party payment instruments. In order to ensure the confidentiality and security of data transmitted over the web, BartolomeGourmet uses a secure payment system SSL (Secure Socket Layer) However, we are not obliged to send the items until we have registered the full payment cart. According to the results of the verification of the card, we reserve the right not to offer certain forms of payment and redirect you to others. In the event that an order is made by telephone, in accordance with Section 4.2, payment is made at the time of delivery of the products.
4.5 To enter information for a card or a bank account, you have the right to use it and that card or account must have sufficient funds to cover the possible payment. Payments are accepted only from Spanish accounts.
4.6 You have the responsibility to ensure that all data provided for the purpose of purchasing goods are correct, that the credit card or debit card, bank account or the payment method used belong to you and that these cards, bills or forms payment have the necessary funds to cover the cost of the Products. We reserve the right to require a confirmation of payment details before shipping the order.
4.7 The placing of an order on the Web constitutes acceptance of these Terms and Conditions at the date of the Order. You have the responsibility to review the latest version of the Terms and Conditions upon your order.
4.8 I agree to receive invoices and credit memos and my only returns in electronic format.
4.9 The issue of your Order will be the implementation and entry into force of the Agreement, for all purposes. For our part, we are obliged to send the requested products and the acknowledgment of your order.
4.10 We begin the process of sending the Products to issue the Order Acknowledgment. In such acknowledgment, we will provide information about the products purchased and the reference number of your order. If the products are not available, we will contact you in order to cancel the order or offer alternative products (in which case you should place the order again). If you do not receive acknowledgment of receipt, contact us.
4.11 The document called Mail Order Confirmation contain the full details of your purchase. Upon acceptance of your order, you will receive a bill, it will not affect your obligation to pay the purchase amount earlier.
4.12 If, after completion of the order, you find that contains an error, please contact webmaster@BartolomeGourmet.com immediately. We can not guarantee Order modification according to your instructions. If you want to cancel an order of non-defective products, you should refer to clause 7, below.
4.13 BartolomeGourmet reserves the right to change the prices of their products. The purchase price will be in effect at the time of closing the transaction.
4.14 The contract refers only to products which are listed in the Mail Order Confirmation. We are not required to send any of the products featured in your order until we have done you get the confirmation email Order concerning them.
4.15 You must provide us, both us and not misleading to our agent or through our website, and correct information. Also, you must inform us of any changes that occur in your data.
5.1 deliver the products in the shipping address listed in your Order.
5.2 We will deliver on schedule we have established when ordering (and updated in the Mail Order Confirmation). However, we can not guarantee an exact delivery date or when ordering or in the mail confirmation. Delivery usually takes between 5 and 7 working days from the date we accept the order, but can not establish a fixed delivery date.
5.3 will notify you of any delay in shipping Order. However, to the extent permitted by law, we are not responsible for losses, liabilities, costs, damages or charges arising from such delay.
5.4 When making delivery order, maybe the recipient's signature is required. Check the product visually obvious flaws, defects or damage before signing and keep the deposit slip for future reference.
5.5 We realize shipments in our standard packages. Special packages are subject to a surcharge.
5.6 Express delivery service is available for some orders. You can see the availability and price of the service during the process. Delivery of your order will take place within one to two business days. In case of delay in delivery, you will pay the fare.
5.7 will assume the risks related to the products ordered from the time when delivery, except for delay shipping for breach of your obligations is made. In this case, you will assume the risk at the time that the delivery had been made in the absence of such breach. After taking risks, we are not responsible for loss or destruction of the Products.
5.8 Make sure not to damage the contents of the package open, especially if using sharp instruments.
5.9 You must make sure to receive the Order without undue delay in the schedule and reasonably.
5.10 If not available to receive the order, we will leave a card with instructions to follow for forwarding or collection package courier office.
5.11 If delivery or collection is delayed for unfair or not accept the package or pick the office messaging (within 2 weeks after the first delivery) rejection, we will have to perform one or both of the following (without affecting any other right or remedy which is in our hands):
a) Charge you storage costs and any other costs or reasonable expenses that we can emerge.
b) Do not allow further shipments or removal from office product messaging and end the contract immediately applicable. In this case, we will enter the difference between the amount already paid and reasonable administrative expenses that have arisen (including non-delivery and return of the Order, plus storage costs specified in clause 5.10 (a) mentioned above) your own credit card or debit card.
5.12 It is your responsibility to ensure that the products are sufficient and adequate to meet your needs. For our part, we ensure that the distributed products meet the characteristics specified by the manufacturer but can not guarantee that meet your individual goals. You are aware that the products are of standard manufacture and are not custom-made, in order to meet your individual needs.
6. Product availability
6.1 If the product is not available, whatever the reason, and has already issued the Acknowledgment Order, we will contact you immediately in order to offer a similar product or carry out the termination of the Agreement . Failure to approve any of the options mentioned constitutes acceptance of the delay that may befall Products (subject to the receipt of such Products or exhaust them).
6.2 In case of cancellation of the order or exhaustion of products, we will reimburse the amount paid by the same method of payment with which we received it.
7. Cancellation by the Client if no defective products
Information on the exercise of the right of withdrawal
Right of withdrawal
You are entitled to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day you or a third party indicated by you, other than the carrier acquires the material possession of the last good. To exercise the right of withdrawal, you must notify (a BartolomeGourmet - De la Sal Street, number 2, Madrid, 28012, Spain and / or email@example.com) its decision to withdraw from the contract by an unequivocal statement (eg a letter sent by mail, fax or email). You may use the model withdrawal form below, although its use is not mandatory. To meet the withdrawal period it is sufficient that the communication concerning the exercise by you of the right of withdrawal is sent before the expiration of the withdrawal period.
Effects of withdrawal
In case of withdrawal on its part, we will reimburse payments made by you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive mode of delivery ordinary that we offer) without undue delay and in any event not later than 14 days from the date on which we are informed of its decision to withdraw from this contract. We proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise and excluded cash, which must be repaid to a bank account specified by you. In any case, it will not incur any fees as a result of repayment.
You also have the option to electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website (www.BartolomeGourmet.com). If you use this option, we will communicate without delay in a durable medium (eg by email) receipt of such a withdrawal.
We may withhold reimbursement until it has received the goods back or you have supplied evidence of the return of the property, whichever condition is met first.
you should return or deliver the goods ourselves or BartolomeGourmet - De la Sal Street, number 2, Madrid, 28012, Spain, without undue delay and in any case no later than within 14 days the date on which you communicate your withdrawal from the contract. The deadline is met is if you send back the goods before the deadline of 14 days has expired. We assume the cost of returning whenever using documents provided by BartolomeGourmet return.
Only you are responsible for the diminished value of the goods resulting from a different than necessary to establish the nature, characteristics and functioning of the goods handling.
Model withdrawal form (only complete and return this form if you wish to withdraw from the contract)
- Attn BartolomeGourmet - De la Sal Street, number 2, Madrid, 28012, Spain, Tel: +34 913 66 42 69, info@BartolomeGourmet.com.
- I hereby inform / communicate (*) to desist from my / we gave our (*) contract of sale of the following goods * / provision of the following service (*)
- Ordered on * / received on (*)
- Name of consumer or consumers
- Address of consumer or consumers
8. Defective Products
8.1 guarantee that:
a) The product will be delivered in perfect condition and the amount requested.
b) The Product shall comply with the characteristics set more recently by the manufacturer, as set forth on the Web or in the description of the product materials at the time of ordering.
8.2 You must take into account the guidelines established more recently by the manufacturer or those shown in the same product. It is your responsibility to follow those instructions strictly.
8.3 Prior to delivery, we make small adjustments to color, material, weight, measurements, design and other product characteristics, insofar as is reasonable.
8.4 We do everything in our power to deliver the products in an optimal state. However, in case of receiving a defective product that you think, you should keep it in the current state so that we (or our agent) check it out in a reasonable period of time. In case of defective product, the seller must proceed, as appropriate, repair, replacement, price reduction or termination of the contract negotiations that are free for the consumer and user. The seller is liable for faults that become apparent within two years from delivery. The consumer and user must inform the seller of the lack of conformity within two months after he has knowledge of it. This clause will apply taking into account the nature of goods traded.
8.5 In order to be able to offer solutions regarding the defective Product, we may need your cooperation and we ask that you quickly facilites the following information about the product:
a) reasonably detailed explanation of defects or damage presenting product.
b) delivery note number and other information that we can be reasonably useful.
8.6 If, as provided by the contract, you want we repair or replace the product or reimburse you the amount paid, you should ensure that the Product:
a) Has not been misused or neglected, it has not been handled improperly or carelessly and has not been subjected to abnormal or dangerous conditions.
b) has not been involved in any accidents or been damaged to attempt to repair or modify it.
c) It is not used in a manner contrary to the provisions of the manufacturer in the product instructions.
d) There has been damaged by wear and tear of receipt.
In case the product does not meet any of these requirements, we can decide, at our option, not to repair or replace the Product or rembolsarte the amount paid and / or we may ask you to reintegrate all transport costs and review emerged as the current standard rates. To accomplish this refund, we may charge the costs mentioned in the account of your credit card or debit card or use the payment details provided when ordering. To the extent permitted by law, we are not responsible for losses, liabilities, costs, damages or expenses that may result from the process.
9.1 can use gift certificates or promotional vouchers as payment for your Orders on the Web. Clauses 9.7 and 9.8 you will find more information about promotional coupons and gift certificates, respectively.
9.2 In the "My user account" of the Web, you can redeem vouchers or check your current balance.
9.3 We may send emails with gift vouchers and promotional coupons. In accordance with clause 11.2, we are not responsible for any errors in the email address of the recipient of the voucher.
9.4 Both gift certificates as promotional vouchers are transferable and can use and give your rights to another person.
9.5 In case of fraud, attempted fraud or suspected of possible illegal activities related to the purchase of gift certificates or redemption of the same on the Web, we are entitled to close your account and / or ask you to use another method of payment.
9.6 We are not responsible for loss, theft or illegibility of gift certificates or promotional vouchers.
9.7 Conditions for redemption of promotional coupons
a) Sometimes we issue promotional coupons that you can use on the Web. You will get the email and only can exchange them on the Web.
b) Promotional vouchers are only valid during the period indicated on it, they are single-use and can not be combined with other promotional coupons. They may not apply to certain trademarks.
c) The balance of promotional vouchers can not be used for payment of third party products.
d) If the amount of your order is below the value of the promotional voucher, you will not pay or will be refunded the difference.
e) The balance of a promotional voucher no interest and has no actual monetary value.
f) If the amount of your order exceeds the value of the promotional voucher, you must pay the difference with another payment method.
g) If you have placed an order with a coupon worth, we reserve the right to charge you the original price of the article or articles that you want to stay if, due to a cancellation, the total value of the assets is less than the value of the voucher Promotional.
9.8 Conditions for redemption of gift certificates
a) You can purchase gift certificates for own use or for third parties. These gift certificates will receive them by mail and only can exchange them on the Web.
b) The gift vouchers can only be redeemed on the Web.
c) The gift vouchers can not be used to purchase other gift certificates and can only be purchased by credit card or debit card and via PayPal.
d) The balance of a gift certificate is not cumulative and no actual cash value. Gift vouchers can only be redeemed before making the payment order. Once completed, the orders can not be changed.
e) To cancel Ordering a gift voucher, you can call +34 91 559 61 12 at any time, provided that it has not yet been redeemed.
f) If the amount of your order exceeds the value of the gift certificate, you must pay the difference with another payment method.
g) You can use multiple vouchers for payment of an order and are cumulative at a promotional voucher for purchase.
10. Limitation of Liability
10.1 This clause 10 prevails over all other clauses and describes our total liability and your sole and exclusive remedies regarding:
a) The compliance failure, of course compliance or delay in compliance with these Terms and Conditions or the Agreement or the Web (either in whole or in part).
b) any aspect of these Terms and Conditions or the entry into force or the fulfillment of these Terms and Conditions.
10.2 Nothing in these Terms and Conditions shall limit or exclude:
a) Our liability for (i) fraud or gross negligence; (Ii) death or personal injury caused by the breach of our duty; (Iii) any breach of the obligations established by Law 7/1196, Royal Decree 1906/1999 Royal Decree 1/2007; or (iv) any liability which can not be limited or excluded by applicable law thereof.
b) Your legal rights as a consumer.
10.3 In fulfilling our obligations, under these terms and conditions, our only duty is to exercise reasonable care and skill.
10.4 BartolomeGourmet makes every effort to avoid any error in the contents appearing on this page. To carry out the purchase of the products offered in BartolomeGourmet page, the user must register and accept the relevant terms and conditions. The information, content and data of any kind in the pages of this website or its promotional campaigns are reviewed before publication. However there is no guarantee that they are absolutely free of misprints, typing errors, defects and composition equivalent problems, so BartolomeGourmet encourages users to be aware of any updates or corrections to the website incorporates.
10.5 Except in the cases mentioned in clause 10.2, we do not accept and using these exclude any liability for breach of duty except for liabilities arising from these Terms and Conditions.
10.6 Except as provided in clause 10.2, are not responsible for:
a) Loss of income
b) Loss of actual or anticipated profits
c) Loss of contracts
d) loss of use of money
e) Loss of anticipated savings
f) Loss of business
g) loss of operating time
h) Lost opportunities
i) Loss of customers
j) Loss of reputation
k) loss, damage or corruption of data
l) Any indirect or consequential loss
The exclusion of these responsibilities includes cases in which they are foreseeable, known or predicted and which are not. For avoidance of doubt, the clauses 10.6 (a) 10.6 (1) are applicable to direct, indirect, consequential or otherwise.
10.7 Except as provided in section 10.2:
a) Our total liability in respect of any contract shall not exceed, in whole and in any circumstances, the total amount of: i) 100 EUR; or ii) 110% of the value corresponding to the action arising Agreement.
b) Our total liability with respect to you or third parties shall not, in whole and in any circumstances, the total amount of: i) 100 EUR; or ii) 110% of the amount you have paid to us in the 12 months prior to the action arose.
10.8 The limitation of liability set out in Clause 10.7 is effective both with respect to any liability expressly mentioned in these Terms and Conditions any liability arising as a result of invalidity or unenforceability of any term of these Terms and Conditions .
10.9 In these Terms and Conditions:
a) "Liability" refers to the responsibilities for breach of contract or obligations, false statements and restitution or any action of any nature arising out of or relating to these Terms and Conditions. These responsibilities include, without limitation, those set out expressly in these Terms and Conditions or arising in connection with the invalidity or unenforceability of any term of these Terms and Conditions (according to this definition, any reference to "Terms and Conditions" shall include any collateral contract).
b) "breach of duty" refers to the breach of (i) any obligation, express or implied terms of a Contract on the reasonable care or skill to fulfill the Agreement or (ii) any obligation of law on the common care or reasonable ability to fulfill the contract.
11. Warranty and claim management
11.1 We will fulfill the obligations under these Terms and Conditions with reasonable care and skill.
11.2 The satisfaction of our customers is paramount, so you can contact us at any time. Our contact details are listed in clause 1.1 of these Terms and Conditions.Try to redirect your queries in a reasonably quickly and we will inform you of any developments regarding your question or complaint. The warranty issues are often directly linked to the manufacturer, so it may require a longer consultation.
11.3 In case of complaint, we would help you facilitaras us a description as precise as possible the reason for your complaint and, if any, a copy of your order or order number contained in the confirmation email. If you receive no response within 5 working days, please contact us again. Sometimes, it may happen that your emails to be automatically redirected to spam our mailbox or you do not receive ours for the same reason.
12. Data protection
13. Force Majeure
13.1 We are not responsible for the failures, obstacles or delays in the fulfillment of a contract attributable to any force majeure, including without limitation any natural disaster, actions of third parties (including, without limitation mode and not limitation, hackers, distributors, and local governments, supranational and quasi-government) authorities, insurrections, riots, social unrest, wars, hostilities, warlike operations, national emergencies, terrorism, piracy, detentions, arrests made by the competent authorities, strikes, lockouts, epidemics, fire, explosion, storm, flood, drought, weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, software from third parties, absence or problems with the provision of public services (including issues with the power supply, telecommunications or internet ), shortage or lack of supplies, materials, equipment or transport ("force majeure"), regardless of the foreseeability of such circumstances.
13.2 Both parties can terminate the contract immediately, by written notice, in the event that the force majeure not cease from within 2 working days. In this case, neither party will be responsible for cancellation (except for the reimbursement of a subscriber Product but not delivered).
13.3 In the event that we had committed to carry out the shipment of 2 orders that contain similar or identical products and it was impossible to satisfy both for reasons of force majeure decide, in our opinion, what and how we make deliveries measure.
14. Failure or dissolution of the company
14.1 If incumplas any of their obligations under a Contract may terminate this Agreement immediately, by written notice and retain any amount concerning the order that you have paid in advance. In this case, you must compensate us for damages, losses, liabilities and expenses of any nature arising from the termination of the contract and pay any outstanding amount immediately.
14.2 Termination of the Agreement shall be without prejudice to the rights or accumulated resources of any party and will not affect entry or stay in force of any provision, express or implied, is anticipated that it will enter or remain in force after termination.
15.1 Any notice concerning a contract shall be in writing and delivered physically, by certified mail, postage paid or by mail to the appropriate party, whose postal address or email address given to you by that Party.
15.2 The notifications made by post should reach have been notified to 2 working days prior to shipment, provided that the sender's address is within the Spanish territory. The notifications made reached by email must have been served upon receipt of the mail in the recipient's mail server. To verify the issuance of such notice, it is sufficient to show that the shipment has been made in the right direction and, as the case may be, or sent by certified mail with postage prepaid.
16. Advertising on the Web
16.1 We will do everything in our power to comply with the regulations concerning page stipulated by the existing authorities on advertising.
17.1 We will keep track of your Order and these Terms and Conditions for a maximum period of six years from the acceptance of each order. However, for future reference, you should print and keep a copy of these Terms and Conditions, your orders, the Acknowledgment and mail order confirmation.
17.2 No delay by the parties in the exercise of any right provided under these Terms and Conditions or a contract affect or represent the waiver of this right or otherwise. It also does not prejudice the rights and resources relating to that right or modify or reduce the rights under these Terms and Conditions or by a contract.
17.3 If any provision of these Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect in any way the remaining provisions, or in whole or in part, which shall remain in full force whenever these Terms and Conditions or the Contract remain in force without the clause established as irrelevant.
17.4 There shall assign, pass along, sustituirás, encomendarás, subcontratarás, will create a trust, you will trust and will use these Terms and Conditions or a contract or the rights and obligations stipulated under these Terms and Conditions or under a contract.
17.5 None of the points of these Terms and Conditions or a contract will result or may result in a company, agency or a relationship of employer and employee type between you and us.
17.6 No third person not involved in these Terms and Conditions or the contract may acquire any right or benefit from those rights if the third party has relied on these Terms and Conditions or in the contract or its conformity therewith.
17.7 These Terms and Conditions are governed by Spanish law. The parties submit, at its option, to resolve conflicts and renouncing any other jurisdiction, the courts of your domicile. Also, as an entity attached to TRUST ONLINE and the terms of its Code of Ethics, in case of disputes relating to recruitment and online advertising, data protection, child protection and accessibility, the user can go to system-court settlement of disputes TRUST ONLINE http://www.confianzaonline.es, embodied in the Jury of Advertising and the National Consumer Arbitration Board.
Amendment of Terms and Legal Information
We reserve the right to amend these Terms and Conditions at any time. Any amendments to these Terms and Conditions will be published online. However, be uninterrupted use of the Web implies acceptance of the new Terms and Conditions.
Part (B) - Conditions of Use
2. The Web is directed by Jose Fernando Bartolomé - BartolomeGourmet ("we"), a sole person registered under number 50703759Y, and with tax residence in De la Sal Street, number 2, Madrid, 28012, Spain.
5. You may not use the Web, nor subject to such Web, us or any user to nothing:
a) Failing to comply with any law, statute, rule or regulation.
b) be fraudulent, criminal or illegal.
c) It is inaccurate or outdated.
d) Can be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, threatening, defamatory, untrue or political.
e) Pretend to be another person or body or distorts the relationship with any person or body.
f) infringes or violates the copyright or intellectual property (including without limitation copyright, trademark or transmission).
g) would be contrary to our interests.
h) contrary to any rule or specific requirement stipulated in the Web related to a particular part of the Web or all of it.
i) Involve the use, delivery or transmission of viruses, spam emails, Trojans, capture doors, traps, Easter eggs, worms, time bombs, cancelboots or programming routine that is intended to damage, interfere detrimentally, surreptitiously intercept or expropriate any system, data or personal information.
6. Using these, you grant us an irrevocable, free, universal, transferable, sub-licensable license to use any material you submit to us or submit to our website in order to use on the web or for marketing our services ( by any means and in any media).
7. Comments or any other material published on the Web are not intended to establish trust deposited in it. Thus we disclaim any liability arising from any reliance placed on such materials by any visitor to the Web or any person who has received information about the contents of it.
8. You agree to comply at all times, the instructions for use of the Web, we update every certain period of time.
1. Availability of the Web, security and loyalty
9. Despite strive to maintain the Web is available 24 hours, we are not responsible if, for any reason, the Web is unavailable at any time or for any period. We can not guarantee, due to the nature of the Internet, the Web function without errors and uninterruptedly or timely. Sometimes we have to carry out improvement works, maintenance or introduction of new services and functions.
10. The page can terminate or suspend you access, you or any user, whether temporary or permanent basis at any time, without notice. We may also impose restrictions, for any reason relating to the time and manner of use of any part of the Web. If personally impose such restrictions, you can not attempt to use the Web for any other user name.
11. We can not guarantee that the site is compatible with all hardware and software. Not responsible for damage, virus or other code that may affect your computer, software, data or other property due to access to our website, using the same or downloading of any material contained in it. Also, we are not responsible for actions carried out by third parties.
12. We may modify or update Web content without notice.
13. While striving to ensure that the information and materials on the Web are correct, we can not guarantee or warrant, express or implied, that are complete and accurate, current and suitable for a particular purpose. Also, to the extent permitted by law, we are not responsible for any errors or omissions. This will not affect any of the obligations under the contract made for the supply of products, including any concerning the provision of information and advice that obligation can be performed through a part of the Web, available to users who use an appropriate password.
2. Registration on the Web
15. Once you have registered on the Web, must provide a username and password, you should keep confidential. In case the password comes to others, an unauthorized use of your Account or your email is detected or violation of safety is perceived, you should immediately notify. The disclosure of the password to third parties constitutes acceptance of the authority of such third party to act as agent, use and / or conduct business with your account. You are solely responsible for maintaining the confidentiality of your password.
17. We reserve the right to close your account if a user does not pretend to be Spanish Spanish user or create problems of any kind on the Web.
18. During the creation of the Account and each subsequent logon, you are offered the possibility to apply or waive receipt of information emails (such as newsletters, information on offers, etc.). You can unsubscribe from these services at any time, from your User Account.
19. Despite storing all orders placed on the Web in order to purchase the products contained in it, for security reasons, you will not be allowed to access this information directly. To do this, you must log in with your account. Once there, you can view your information on completed, pending or sent orders, manage your address, your bank details and any Newsletter to which you subscribe.
3. Our responsibility
20. We are liable for death or personal injury suffered as a result of our negligence, false or fraudulent misrepresentation and gross negligence or any other action that is not excluded or limited by law.
21. To the extent permitted by law and in accordance with paragraph 22 above, always (except in cases concerning services offered to a consumer in particular, to be governed by their own contract terms and commitments):
a) Our total liability with respect to you or third parties shall not exceed, in whole and under any other circumstances, the total amount of: i) 100 EUR; or ii) 110% of the amount you have paid to us in the 12 months prior to the action arose.
b) We have no liability (contractual, civil, recklessly false, reckless graceo any other liability) relating to your use, your inability to use or delay in use of the Web and the material contained therein or from any action or decision taken after making use of the Web or any material linked to: (a) losses, damages, costs or indirect costs; (B) loss of actual or anticipated profits; (C) loss of contracts; (D) loss of use of money; e) loss of anticipated savings; f) loss of revenue; g) loss of customers; h) loss of reputation; i) loss of business; j) loss of operating time; k) loss of opportunity ol) loss, damage or corruption of data, whether or losses that could predict where we might suspect that incurrirías. For avoidance of doubt, the clauses (b) to (l) are applicable to direct, indirect, consequential or other loss.
22. When entering into a contract with us by placing an order to purchase a product from those contained in our website and be accepted by us in accordance with our Terms and Conditions, the relevant provisions of these Terms and Conditions concerning the responsibilities and limitations established in the agreement replace the provisions of limitation of liability stated in the preceding clause 22.a.
23. The names and logos BartolomeGourmet and any name, mark or design related slogan are registered trademarks or services that belong to us or our licensors.
5. Intellectual Property Rights
24. We are owners or licensees of all intellectual property rights of the website and the material contained therein. They are protected by the laws and regulations of intellectual property or copyright worldwide and reserved.
25. Print a copy is permitted extracts or downloading Web pages for personal consultations and to attract the attention of others belonging to your organization regarding the material contained on the Web.
26. The modifications are allowed, on paper or digital, of any printed or downloaded material, nor the use of illustrations, photographs, video, audio or graphics files independently of the accompanying text is allowed.
27. The total or partial use of the materials on the Web for commercial purposes without first obtaining the license, which must be granted by us or our licensors are not allowed.
28. In case of print, copy or download any part of the Web and thus infringe these conditions of use will be removed immediately the right to use the Web and you must, at your option, return or destroy any copies made of the materials.
6. Information on staff and your visits to Web
7. Actions undertaken through the Web
30. Contracts for the sale of products arranged through the Web or as a result of visits to the website are governed by our Terms and Conditions.
8. Third Party Websites
31. can not exert any control or take responsibility for the contents of any websites to which can be accessed through a link on our website (except that we are suppliers of such links). These links are provided "as is" for your convenience and without warranties, express or implied, regarding the information contained therein. We do not endorse or recommend any third-party web which can be accessed through a link on our website.
32. not allowed without our consent, use any of the elements of our website in their own website or a third party.
33. In the present we guarantee a revocable, nonexclusive, free to create a link between your website and ours, provided that such development is fair and legal and does not damage our reputation or take advantage of it. In particular:
a) You can not give guarantees about us, our services or our policies except for prior permission.
b) you can not make false claims, misleading, derogatory or offensive about us, our services or our policies.
c) can not suggest, explicitly or implicitly, that have promoted your website or we have associated with it if that is not the case.
10. Spanish law and jurisdiction