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General Terms and Conditions of Employment

GENERAL TERMS AND CONDITIONS OF EMPLOYMENT

1. OBJECT

1.1. The following General Conditions of Contract (hereinafter, “GCC”) govern the obligations and rights related to LIDARIA on the part of the User. Both may also be referred to as “Party” or “Parties”.

1.2. The products/services of LIDARIA consist, among others, of the marketing and distribution of all types of products and services related to and derived from oil.

1.3. The object of these GCC is not to provide services other than those expressly agreed in the Specific Conditions, and they are strictly commercial in nature, nor are they generally regulated by them.

2. TIME OF CONTRACTING THE PRODUCTS/SERVICES FORM OF ACCEPTANCE. LANGUAGE OF THE CONTRACT

2.1. The product/service will be contracted by the User either by means of a request/form, which the User will send to LIDARIA, or by telephone, through the commercial network or through this website. The obligations of the parties will begin from the moment that, whatever the chosen means of contracting, the corresponding request is answered by LIDARIA by email, in writing or by telephone via a recording.

2.2. The processing of the request for the purchase of products/services will require prior registration, following the instructions indicated in each case. The User agrees to provide real, accurate and updated information at all times and to follow the rules on custody of passwords, which may be provided.

2.3. Exceptionally to the above method of contracting, the Parties may contract the product/service by telephone. Without prejudice to compliance with the obligations provided for in current legislation on sending contractual documentation accrediting the concluded contract, LIDARIA will only be obliged to comply with its obligations from the moment the User expressly gives his consent to the contractual proposal made to him.

2.4. In the case of products/services that involve the provision of intangible content, the consent given by the User implies his/her renunciation of the right of withdrawal, in accordance with the provisions of Article 108.4.b) of the General Law for the Defence of Consumers and Users (Royal Legislative Decree 1/2007, 16 November).

2.5. The language of these GCC and of the Products shall be Spanish, without prejudice to any special features that may exist in the event of contracting products/services in another official language of the Spanish State.

3. CONDITIONS OF USE OF THE PRODUCTS. RIGHTS AND OBLIGATIONS OF THE USER

3.1. By accepting the GCC and the Specific Conditions, the User acquires the right to use the products/services or to receive the provision of services at the expense of LIDARIA that has been the object of the contract, in accordance with what has been expressly agreed.

3.2. The right of use acquired by the User will be personal and may not be transferred to any third party, except with the prior and express (written) approval of LIDARIA. For these purposes, “third party” means any natural or legal person other than the User. However, individuals who work on behalf of the User or who provide commercial services for the User within its premises may have access to the product/service, provided that access to the product/service is necessary and essential in order to comply with its current obligations to the User.

3.3. If the right to use the product/service entails its installation in the User’s computer systems, or cloud hosting contracted at the User’s risk, it is the User’s exclusive responsibility to complete, develop, contract and proceed with all the technical aspects necessary to be able to access the contracted product/service.

3.4. In the case of a LIDARIA product/service, whose main use lies in the possibility for the User to host certain information owned by him/her or about which he/she has some type of right of use in the “cloud”, the User authorises LIDARIA to place this “cloud” on the systems of a specific Internet service provider.

3.5. Without prejudice to the above, the User agrees with LIDARIA to the following

a) To pay the financial consideration agreed upon in the terms indicated in these GCC and in the Specific Conditions.

b) In the case of products/services whose use involves hosting data, content and/or information of the User or controlled by the User, not to use or execute in the computer environment in question any harmful software intended to cause damage or access communications from third parties or, in general, content of any type whose mere reproduction, distribution, dissemination or public communication could constitute a civil or criminal offence, or be offensive, denigrating or harmful to the privacy, honour or image of third parties.

c) Not to exploit or reuse for their own benefit or that of others any type of content, information or data that has been provided by LIDARIA during the execution of the contractual relationship created, whose industrial or intellectual property rights, or simple property rights, belong to LIDARIA or over which LIDARIA holds any type of right of use or exploitation. For these purposes, the mere fact of allowing a third party to view or access the content, information or data, as indicated, will imply a breach of the provisions of this section.

d) To respect the industrial and intellectual property rights, or others that may exist, over the content, information or data of the products/services, which belong to LIDARIA or to third parties.

e) To comply with any other obligations established in these GCS or in the Specific Conditions.

4. DURATION OF THE CONTRACT. RENOVATION

4.1. If it exists, the duration of the contract concluded with the User, and consequently, of the obligations and rights of each of the Parties, will be that specified in the Particular Conditions. In any case, the initially agreed contract period will be automatically extended, as a general rule for periods of twelve months, if on the expiry date the User does not express his or her intention not to renew the agreed service.

4.2. Without prejudice to this duration, the contract in question may be terminated in advance in the cases and under the conditions provided for in Clause 10 of this document.

4.3. The termination of the contract for any reason shall not imply the extinction of any actions or rights in favour of the Parties to claim from each other or from a third party whatsoever as a consequence of the non-fulfilment of obligations pending payment or any others arising from the contract or from the law.

4.4. Once the contract has been terminated for whatever reason, and provided that it is a successive contract, the User must cease to use the product/service immediately, undertaking to take the necessary steps, in good faith and within a reasonable time, to avoid continuing to use the resources or goods of LIDARIA to whose use he would have been entitled in accordance with the contract concluded. In the event of the User’s manifest inaction or lack of collaboration in the execution of the above, LIDARIA reserves the right to interrupt the use of the same.

4.5. In the event that the product/service acquired is of a digital and tangible nature and at the same time a mixed product, in the event of renewal of the product/service the part accessible online will be kept up to date until the time the new edition is published. If, on the other hand, the product/service is not to be renewed, the online part will remain available until the time the new edition is published, regardless of the date of purchase. In the event that the product/service acquired is not renewable in nature or there are no periodic editions, the part accessible online shall only be maintained for a period of 1 (one) year from the date of contracting the product/service.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

5.1. All the services/products, as well as the content, information and data provided with them and on the occasion of the fulfilment of its obligations by LIDARIA are protected as an intellectual creation or work. Their use or exploitation by means of an exploitation right of reproduction, distribution, public communication, transformation, exploitation or remuneration, can only be done under a licence or authorization granted by LIDARIA, as the legitimate holder of the intellectual property rights over such content, information and data. Each of the aforementioned rights shall have the meaning provided for in the applicable Intellectual Property Law, to which the Parties refer and which they declare to be known.

5.2. By virtue of the above, LIDARIA only authorises the User to make non-exclusive use of the protected contents offered, in accordance with the following conditions, to reproduce them on their own computer systems and to access (make available) them:

a) Time: according to the duration of the services/products, and without prejudice to the provisions of clause 10 on early termination.

b) Territory: Spain.

c) Possibility of assigning the licensed rights to third parties: prohibited.

d) Other authorised rights: strictly those of reproduction and making available.

5.3. In the event that a product/service is not delivered in digital format but on a tangible medium, the provisions of the previous section of this clause shall not be applicable, and the User may enjoy the protected content for strictly private and non-commercial use, in accordance with the provisions of these GCC and the Specific Conditions.

5.4. Likewise, the products/services are marketed by LIDARIA under its registered trademarks. The User may not use them outside of the execution of the services agreed upon in these GCC and Specific Conditions or for their own benefit or under conditions that are objectively suitable for creating an association with the brands of LIDARIA or its corporate image or in situations that may represent a risk of confusion with these brands. No provision in these GCC or the Specific Conditions may be interpreted as meaning that LIDARIA has authorised the use of its brands by the User for any type of service or product of the User or third parties, or under conditions that do not strictly conform to the execution of the services provided by LIDARIA.

6. SERVICE/PRODUCT DELIVERY

The delivery time of the orders can vary between 1 day to 3 working days, always with a maximum period of 7 working days in the case of exception.

In the possible case of not receiving the product, you can contact us to proceed with the claim.

Free standard shipping for Spain Mainland and Balearic Islands -> orders over 50 euros. Delivery time 24/72h in Peninsular Spain – 3-5 working days Balearic Islands (service not available in Canary Islands, Ceuta and Melilla)

Standard delivery with a cost of 9.00 euros -> orders under 50 euros. Delivery time 24/72h- 3-5 working days Balearic Islands (we do not serve the Canary Islands, Ceuta and Melilla)

The product will be sent to the address indicated by the customer, provided that the customer is available at that address. If the customer is absent, the order can be deposited at the offices of the courier company, leaving an information note at the customer’s address.

7. PRICE AND FORM OF PAYMENT

7.1. The price of the products/services will be that agreed in the Particular Conditions, which will include all the services to be paid for by LIDARIA, as requested in the said Particular Conditions. If applicable, the shipping costs will be specified, duly broken down, as pre-contractual information so that the User is effectively aware of the total cost. In the case of renewals of the licence to use the products/services, the price may vary taking into account the updates of their content and the effective scope of the services provided by LIDARIA.

7.2. The price will be subject to the indirect tax rate corresponding to the agreed period, which may be increased, where applicable, as a result of modifications to the legal standard of reference.

7.3. The payment of the economic consideration payable by the User will be made in accordance with the procedures established in the Particular Conditions. Payment may be made exclusively by bank card and bank transfer, taking into account the following indications:

a) In all cases, the payment instructions that appear on the screen must be followed, in the case of telematic contracting or by electronic means.

7.4. Non-payment of the liquid, due and payable amounts by the User will give rise to a legal claim by LIDARIA. Users are expressly informed that, in such cases, their personal data may be included in common credit information systems, as permitted by art. 20 of the LOPD 3/2018, of 5 December, on Personal Data Protection and Guarantee of Digital Rights.

7.5. Except in cases of withdrawal, according to clause 9 of this document, in the event that the User acquires a service/product for the first time, if within the contracted period the User decides to terminate the contract early, the User will lose any amount previously paid.

7.6. Full payment of the price agreed upon in the Particular Conditions will be obligatory.

8. WARRANTIES. DISCLAIMER. FORCE MAJEURE AND FORTUITOUS CASE

8.1. LIDARIA guarantees that the contents to which the products/services refer are constantly updated and evolved, in order to adapt them to the demand made by its Users in general. However, given that it is possible that in some cases this objective may not be met, the User may always notify the fact in question so that LIDARIA can proceed to remedy the possible defect observed.

8.2. LIDARIA reserves the right to interrupt the continuous provision of a product/service when this is required to update the content or the computer systems through which it is offered to the User.

8.3. LIDARIA makes every effort to ensure that the User has access to the products/services and can enjoy them. However, it cannot guarantee, and therefore cannot be held responsible for the User being able to have such access at all times, due to unforeseeable circumstances or those which, although foreseeable, do not allow the services to be carried out due to circumstances that are beyond the control of LIDARIA or are unavoidable, such as natural disasters, failures in the electricity supply or other services provided by third parties that affect the normal provision of the Services, situations of national alarm, terrorist attacks, accidents, cyber attacks or court orders or orders issued by administrative authorities. In all these cases, LIDARIA is not liable for compliance with its obligations under these GCS and the Specific Conditions, nor for any direct or indirect damage caused to the User as a result of the acts of force majeure or fortuitous event described above or others of a similar nature.

8.4. Nor is LIDARIA responsible, consequently, for the fact that the User has the necessary technical means to access or enjoy the products/services, or the service itself for the supply of or access to Electricity, Gas, Internet, mobile or fixed telephony that allows the User to access them.

8.5. LIDARIA makes the products/services available to Users at their request and, therefore, does not accept responsibility for, nor guarantee that the services/products will meet the expectations of Users or their specific needs, which must be evaluated by Users themselves and the corresponding decision taken regarding their editorial needs.

9. ON WITHDRAWAL AND NON-APPLICATION IN THE CASE OF DIGITAL PRODUCTS

9.1. In the event of contracting a product/service of an electronic nature, the User will have a period of 30 (thirty) days to return it, exercising his/her right to withdraw.

9.2. In the event that the User who has acquired a tangible product decides to exercise his/her right of withdrawal, he/she shall have a period of 30 (thirty) calendar days following the date on which the product is placed in the User’s possession to inform LIDARIA of his/her wish to withdraw and to return the product received by ordinary means, provided that it has not been opened, nor used and retains its original seal and packaging. In this case, once LIDARIA has verified that the product has been properly delivered, it will return the price paid to the User by bank transfer within a maximum of 30 days from the time the product is returned, with LIDARIA being entitled to retain the refund until it has been received. The costs of returning the product will be borne by LIDARIA.

9.3 The company will reimburse the corresponding amount (excluding shipping and customs handling costs for said shipment) without undue delay and in any case within 3 calendar days of the product’s arrival at our facilities.

The transport conditions are stipulated according to the current LOTT regulations.

10. TERMINATION OF SERVICES

10.1. Without prejudice to the provisions of Clause 4 of these GCC, the parties may terminate the contractual relationship entered into and put an end to it, freeing themselves from the corresponding respective obligations, in the event that any of them repeatedly fails to comply with any obligations to which they were subject, and without prejudice to the legal consequences of the termination for the party in breach.

10.2. Likewise, the parties may terminate the contractual relationship contracted by mutual agreement.

11. PREVALENCE OF PARTICULAR CONDITIONS OVER GENERAL ONES

11.1. The GCC and the Special Conditions will regulate the legal relationship between the Parties.

11.2. In the event of discrepancy or doubt, the Special Conditions shall prevail over the GCC, unless expressly indicated otherwise.

12. NOTIFICATIONS

12.1. All notifications that the User wishes to make in application of this contract must be sent to the addresses and e-mails shown on the website and in the legal notice.

12.2. Notifications shall be effective against the Party to whom they are addressed from the time they are received by that Party.

12.3. It is the obligation of each Party to notify the other Party of any changes to the postal, e-mail, telephone and fax addresses indicated at the beginning. If, once the modification has been notified in accordance with the above, the Party to which it is notified does not send an acknowledgement of receipt, it shall be understood that it has taken cognisance of said modification and the consequences that may arise from this in relation to the execution of these GCC and the Specific Conditions shall be its responsibility.

13. MODIFICATION OF THESE GENERAL CONDITIONS

Users can access different types of information and services through the Portal. The Portal reserves the right to modify, at any time and without prior notice, the presentation and configuration, information and services offered from the Portal. The User recognises and expressly accepts that at any time the Portal may interrupt, deactivate and/or cancel any of the information or services. The Portal will make its best efforts to try to guarantee the availability and accessibility of the Portal. However, on occasions, for reasons of maintenance, updating, change of location, etc., this may mean the interruption of access to the Portal.

13.1. These GCS may be modified. Consequently, the User, as well as anyone visiting the website. https://lidaria.com/condiciones-generales-de-contratacion, is invited to regularly review the conditions applicable at any given time.

13.2. Any modification will, in any case, respect the rights acquired by the User, in accordance with a previous version of these GCC.

14. PROTECTION OF PERSONAL DATA

The personal data provided in this document will be treated by this entity as the Responsible of Treatment whose contact details are:

  • Company name: IBERIAN QUALITY FOODS, SL., (hereinafter, LIDARIA).
  • CIF: B40609232
  • Address: C/ DOCTOR SERRANO, 1-13, 46006, VALENCIA, VALENCIA.
  •  Telephone: (+34) 632 56 47 29
  • Email: info@lidaria.com

You can find more information at https://lidaria.com/politica-de-privacidad/

15. CONFIDENTIALITY

15.1. Both Parties shall keep any information exchanged in the course of the execution of this Contract confidential, undertaking not to disclose it unless it becomes public knowledge or is required by a judicial or administrative authority in the exercise of its powers.

15.2. Specifically, with regard to the custody of the access codes to the services/products, the User undertakes not to disclose them to third parties, nor to any other person with whom the User does not have links of an employment or commercial nature that require the knowledge of such codes, in accordance with the provisions of clause 3.2 of these GCC.

16. PROHIBITION ON THE ASSIGNMENT OF THIS CONTRACT

16.1. The User is prohibited from assigning his/her position in this contractual relationship or any of his/her obligations or rights to a third party without the prior and express authorisation of LIDARIA.

17. APPLICABLE LAW AND JURISDICTION

17.1. This contractual relationship shall be governed by Spanish law.

17.2. Both parties submit themselves to the jurisdiction of the corresponding courts in accordance with the legislation on consumer matters in order to resolve the disputes and disagreements that arise in the execution of this contractual relationship or in its interpretation.