Terms & Conditions

1. OWNERSHIP OF THE PORTAL

PROGOURMET, S.A. (hereinafter PROGOURMET), with registered office at 28036, Agustín de Foxá, 27,4th floor. Madrid and Tax ID No. 78293537, registered in the Mercantile Registry of Madrid, Volume 19,924, Book 0, Page 98, Section, Page M-49840, is the owner of the portal www.GOURMETS.NET (hereinafter the Portal) and makes it available to Internet users for the purpose of providing information about PROGOURMET's products and offers and its services, as well as enabling the provision of various services through the Portal.

2. GENERAL CONDITIONS OF USE AND ACCEPTANCE THEREOF.

2.1. These General Conditions of Use of the Portal, together with the general contracting conditions that govern the provision of services, and/or any specific conditions that may be established, are intended to regulate both the provision of information and the commercial relationships that arise between PROGOURMET and the Portal users. By browsing the Portal and/or using the services included therein by PROGOURMET, you acquire the status of User. Both browsing and the use and/or use of any of the Portal's services imply acceptance as a User, without reservation of any kind, of each and every one of these General Conditions of Use, of the General Contracting Conditions that may govern the provision of the services offered on the Portal, as well as, where applicable, any Specific Conditions that may exist in relation to the provision of services.

2.2. PROGOURMET may, at any time and without prior notice, modify these General Conditions, as well as the General Conditions of Contract set forth in Title III below, and/or any specific conditions included, by publishing said modifications on the Portal so that Users may be aware of them, always before visiting the Portal or purchasing any goods offered on the Portal.

TITLE II: "GENERAL CONDITIONS FOR USE OF THE PORTAL".

These General Conditions will apply both to the promotional activity and the provision of information carried out through the Portal and to the provision of the services offered on the Portal, in such a way that they will govern at all times both for simple navigation through the Portal, as well as for the acquisition of goods and/or the provision of services within the framework of the Portal, although these last activities will additionally be subject to these General Conditions of Use, as well as to the applicable general contracting conditions, and the specific conditions, if any, that may exist.

1. PERSONAL DATA PROTECTION POLICY.

1.1 For the purposes of Organic Law 15/1999, of December 13, on the Protection of Personal Data, PROGOURMET informs the User of the existence of a personal data file created with the data obtained on the Portal by and for PROGOURMET, and under its responsibility, for the purposes of providing information and the services offered on the Portal, as well as carrying out promotional and advertising activities by any means, including the sending of emails and messages through any system, including SMS, UTMS, etc., that may be of interest to you, in order to expand and improve our products, tailoring our offers to your preferences or needs, based on the analysis and segmentation of the personal and commercial information stored in our files as a result of your access to the Portal, as well as to allow personalized navigation.

1.2. The User expressly accepts the inclusion of the data collected during browsing the Portal, or provided by completing any form, as well as those derived from the commercial relationship, in the automated file of personal data referred to in the first section. During the data collection process, and in each place on the Portal where such data is requested, the User will be informed, either through a hyperlink or by including the appropriate mentions in the form itself, of the mandatory or non-mandatory nature of the collection of such data for the delivery of the Products, except for the placement of orders, in which case PROGOURMET informs the User from this moment that it will not be considered voluntary, so its inclusion will be necessary to formalize the provision of services, providing data relating to identity, address and credit card number to make the payment, as these data are necessary for the formalization and provision of the different services offered on the Portal.

1.3 The User may exercise, with respect to the data collected in the manner provided in the previous section, the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification, or erasure of data, and objection, whenever appropriate, as well as the right to revoke consent for the transfer of their data or for any of the aforementioned uses. The rights referred to in the preceding paragraph may be exercised by each User through a Cancellation Request Form. The written and signed request may be sent by post to the following address: PROGOURMET, S.A., with registered office in Madrid - 28036, Agustín de Foxá No. 27, 4th floor, and Tax ID No. A-78293537, or by fax to +34 91 548 71 33, attaching a photocopy of the User's ID in both cases.

1.4. PROGOURMET informs you that in order for the User to access some of the Content or services offered on the Portal, it may be necessary to complete registration forms, or similar, in which the User is asked to enter personal data.

1.5 By accepting these conditions, the User expressly consents to the transfer or communication of the data included in the aforementioned file to the following companies belonging to PROGOURMET, so that these companies may process their personal data to send them offers and advertising messages by any system, regarding the products and services that each of these companies offers in the sector in which they operate. The User is informed that this transfer will take place at the time of collection of the personal data. The User has the right to access, object, rectify and delete the personal data provided, which may be exercised by contacting the file owner or any of the assignees at the following address: PROGOURMET, S.A., with registered office at 28036 Agustín de Foxá , No. 27, 4th floor, Madrid, and C.I.F. A-78293537.

1.6 PROGOURMET undertakes to respect the confidentiality of the data included in the aforementioned file and to use them in accordance with the purpose of the file, as well as to comply with its obligation to store them and to adapt all measures to prevent alteration, loss, processing or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 994/1999, of July 11.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS.

2.1 All content displayed on the Portal, and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings, or any other signs susceptible to industrial and commercial use, are subject to the intellectual and industrial property rights of PROGOURMET or third-party owners who have duly authorized their inclusion on the Portal.

2.2 Under no circumstances shall it be construed that any license is granted or that any waiver, transfer, or assignment of such rights in whole or in part is made, nor is any right or expectation of right conferred, especially to alter, exploit, reproduce, distribute, or publicly communicate such content without the prior express authorization of PROGOURMET or the corresponding owners.

2.3 No link may be established to the Portal from any other website without the prior express consent of PROGOURMET.

3. PROGOURMET RESPONSIBILITY.

3.1 PROGOURMET shall only be liable for any damages that the User may suffer as a result of using the Portal when such damages are attributable to malicious acts by this company. The User acknowledges and accepts that use of the Portal, as well as the provision of the services offered therein, is carried out at the User's sole risk and under his or her sole responsibility.

3.2 PROGOURMET shall not be liable for any damages that may arise from, but are not limited to, (i) interference, omissions, interruptions, computer viruses, malfunctions, and/or disconnections in the operational functioning of this electronic system or in the Users' computer equipment, caused by reasons beyond PROGOURMET's control, which impede or delay the provision of services or navigation through the System; (ii) delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems; (iii) That may be caused by third parties through illegitimate interference beyond the Store's control and not attributable to PROGOURMET; (iv) Any discrepancies in the information, documentation, and/or other content of the Portal that may exist between the electronic version and the printed version; (v) The impossibility of providing the Service or allowing access for reasons not attributable to PROGOURMET, due to the User, third parties, or force majeure.

3.4 PROGOURMET does not generally control Users' use of the Portal. In particular, PROGOURMET does not guarantee under any circumstances that Users use the Portal in accordance with the law, these General Conditions, generally accepted morality and good customs, and public order, nor that they do so in a diligent and prudent manner.

4. USER OBLIGATIONS.

4.1 In general, the User undertakes to comply with these General Conditions of Use, and any applicable Specific Conditions, as well as to comply with any special warnings or instructions for use contained therein or on the Portal, and to always act in accordance with the law, good customs, and the requirements of good faith, exercising due diligence appropriate to the nature of the service being provided, refraining from using the Portal in any way that may impede, damage, or impair its normal operation, the property or rights of PROGOURMET, its suppliers, other Users, or, in general, any third party.

4.2 Specifically, and without implying any restriction on the obligation assumed by the User in general pursuant to the preceding section, the User undertakes, when using the Portal and providing the services, to: (i) In the event of registration, the User undertakes to truthfully provide the data provided and to keep it updated; (ii) Not to introduce, store or distribute in or from the Portal, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations. ; (iii) Not to introduce, store or distribute through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Portal, any of the Services, or any of the equipment, systems or networks of PROGOURMET, any User, PROGOURMET's suppliers or in general any third party, or that in any other way is capable of causing any type of alteration or preventing their normal operation; (iv) to properly safeguard the "Username" and "Password" provided by PROGOURMET to Users as identifying and enabling elements for access to the different services offered on the Portal, undertaking not to transfer their use or allow access to them by third parties, assuming responsibility for any damages that may arise from improper use thereof. Likewise, the user undertakes to inform PROGOURMET, as quickly as possible, of any loss or theft, as well as any risk of access to the "Username" and/or "Password" by a third party; (v) Not to carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties; (vi) Not to use false identities or impersonate others when using the Portal or any of the Portal's services, including, where applicable, the use of third-party passwords or access keys or in any other way; (vii) Not to destroy, alter, use for your use, render useless or damage the data, information, programs or electronic documents of PROGOURMET, its suppliers or third parties; (viii) Not to introduce, store or distribute through the Portal any content that infringes the intellectual or industrial property rights or trade secrets of third parties, or in general any content of which you do not have, in accordance with the law, the right to make available to a third party.

5. COMUNICATIONS.

For the purposes of these General Conditions, and for any communication required between PROGOURMET and the User, the latter must contact Customer Service by email (by sending a message to prensa@gourmets.net) or by written communication addressed to PROGOURMET's Customer Service Department at its registered office.

PROGOURMET's communications to the User will be made in accordance with the information provided by the User upon registration on the Portal.

The User expressly agrees to the use of email as a valid method for sending such communications for all communications related to the use of the Portal and/or the contracting of the services offered therein.

6. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.

6.1 These terms and conditions shall be governed by Spanish law, which shall apply to matters not provided for in this contract regarding interpretation, validity, and enforcement.

6.2 The parties expressly waive any jurisdiction that may apply to them and expressly submit to the Courts and Tribunals of Madrid to resolve any dispute that may arise in the interpretation or enforcement of these contractual terms and conditions.

TITLE III: "CONDITIONS FOR THE PROVISION OF SERVICES BETWEEN PROGOURMET AND USERS".

1. GENERAL CONTRACTING CONDITIONS. PRE-CONTRACTING INFORMATION.

1.1. These general terms and conditions, together with any specific terms and conditions that may be established, shall expressly govern the relationship between PROGOURMET S.A., with registered office in Madrid at 27 Agustín de Foxá Street, 4th floor, and Tax ID No. 78293537 (hereinafter PROGOURMET) and third parties (hereinafter "Users") who contract the provision of services or products offered through the Portal.

1.2 These General Conditions have been prepared in accordance with the provisions of Law 34/2002 on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions pursuant to Article 5.3 of Law 7/1998, General Law 26/1984 for the Protection of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature, and any applicable legal provisions.

1.3 By using and/or providing any of the Portal's services, you constitute, as a User, acceptance, without reservation, of each and every one of the General Terms and Conditions of Contract, the General Terms and Conditions of Use of the Portal, and, where applicable, any Specific Terms and Conditions that govern the purchase.

1.4 PROGOURMET informs you that the procedures for purchasing goods and/or obtaining the services offered are those described in these general terms and conditions, as well as any other specific procedures indicated on the screen during browsing. Therefore, the User declares that they are aware of and accept these procedures as necessary to access the products and services offered on the Portal.

2. SERVICES OFFERED. ACCESS TO SERVICES.

2.1 The Services offered on the Portal shall be governed by both the provisions of these General Conditions and, in particular, by the provisions of the Specific Conditions established for each of said services.

2.2. In order to access the services offered through the Portal, PROGOURMET may provide the User with a username and password ("Password"). The username and password provided by PROGOURMET to the User are identifying and enabling elements for accessing the services and are personal and non-transferable. PROGOURMET may, with due notice, make changes to the username and/or password, in which case the changed passwords will become invalid.

2.3. All technical means and requirements required to access the Portal and the services offered therein shall be the sole responsibility of the User, as well as any expenses or taxes that may arise from the provision of said services.

2.4. Once logged in, and to proceed with the use of the various services, the User must follow all the on-screen prompts and instructions, completing the Specific Conditions and other forms established for each service. This will imply reading and accepting all the general conditions established in the General Conditions of Use of the Portal, in these General Conditions of Contract, as well as, where applicable, any Specific Conditions that may apply.

2.5 Once an order has been placed, the PROGOURMET Customer Service Department will send the User a receipt by email confirming the purchase, which will be attached to the invoice that will be included with the delivery.

3. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTION.

3.1 This contract shall be governed by Spanish law, which shall apply to all matters not provided for in this contract regarding interpretation, validity, and enforcement. 3.2 The parties expressly waive any jurisdiction to which they may be entitled and expressly submit to the Courts and Tribunals of Madrid for the resolution of any dispute that may arise in the interpretation or enforcement of these contractual conditions.