The present terms and conditions of use, and Privacy Policy, regulate the use according to law 34/2002 of July 11, Services of the Society of Information and Electronic Commerce of the WEB SITE: https://bacalalo.com , of which, BACALALO, SL , with NIF: B-66279779, Mercantile Registry of: BARCELONA , Tomo: 44273 , Folio: 41, Section, 8 , Sheet: B 451660 , with Domicile at: MERCAT DEL NINOT, PARADA-49, Postal Code: 08036, Locality: BARCELONA, Province: BARCELONA, is the title.
1. INFORMATION ABOUT THE WEBSITE:
Through its WEBSITE, https://bacalalo.com , of which the owner and administrator, BACALALO, of the activity of elaboration and manipulation, Marketing and online sale of cod, catering service and home delivery of prepared food.
1.1. ADVERTISING ON THE WEBSITE:
The website: https://bacalalo.com , may host advertising or sponsored content. The advertisers or sponsors are solely responsible for ensuring that the information they display on this website complies with the laws that may be applicable in each case, BACALALO will not be responsible for any error, inaccuracy or irregularity that may be contained in the advertising or sponsor content.
2. WEBSITE AVAILABILITY:
The administrator of the web page will do everything possible to solve all the questions and procedures requested from all USERS, as soon as possible in the request of the queries.
However, sometimes, and for reasons difficult to control by the website administrator such as human errors or incidents in the computer systems, it is possible that the speed finally served to USERS is not adequate to carry out the management of the requested sales.
In the event that the management of the purchase is not available or it is not possible to complete the registration process, after completing the management in the sales form, the USER will be informed by email of the total cancellation of this process.
3. WEB SECURITY:
The website administrator has the highest security measures commercially available in the sector. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit, 256-bit algorithms, which ensure that it is only intelligible and understandable by the USER's device, and that of the WEBSITE , in this way, by using the SSL protocol, "Secure Socket Layer", the predecessor of the protocol, TLS, "Transport Layer Security", which is about protocols cryptographics that provide privacy and integrity in them secure communications by a communication network, commonly the internet, which guarantees that the information transmitted through said network it cannot be intercepted or modified by unauthorized elements, guaranteeing that only legitimate senders and receivers are the ones who have access to the communication in its entirety which is guaranteed:
1. That the USER is communicating his data to the server center of the web page administrator and not to anyone else who will try to impersonate him.
2. That between the USER and the server center of the website administrator the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
4. ACCESS AND STAY ON THE WEB:
4.1. OUR CONTENTS:
USERS are fully responsible for their conduct when accessing information on the WEBSITE while browsing the website, as well as after accessing it.
As a result, the USERS are the only ones responsible before the administrator of the web page and third parties from:
1.- The consequences that can be derived from a use, with illegal purposes or effects or contrary to this document of any content of the WEBSITE , prepared or not by the administrator of the website published under its official number.
2.- As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that may damage, disable or deteriorate the WEB SITE, or prevent normal enjoyment by other users.
The administrator of the web page reserves the right to update the contents when he deems it convenient, as well as remove them, limit them or prevent access to them, temporarily or definitively, as well as deny access to the WEBSITE to USERS who misuse the contents and/or breach any of the terms and conditions that appear in this document.
The administrator of the website informs that it does not guarantee:
a).- That access to the WEBSITE, and/or the linked websites is uninterrupted and error-free.
b).- That the content or software that USERS access through the website or linked websites does not contain any errors, computer viruses or other elements in the content that may cause alterations in your system or in the electronic documents and files stored in your computer system or cause other types of damage.
c).- The use of the information or content of the WEBSITE, or linked websites that USERS may make for their personal purposes.
5. MODIFICATION OF THE TERMS AND CONDITIONS OF USE:
The website administrator reserves the right to modify, at any time, the presentation and configuration of the WEBSITE , as well as the present terms and conditions of use.
Therefore, the administrator of the web page recommends that the USER carefully read the conditions and terms of use every time he accesses the WEBSITE .
USERS will always have these terms and conditions of use in a visible place, freely accessible for any inquiries they wish to make.
6. OUR WEBSITE RESPONSIBILITY:
The administrator of the web page does not assume any derivative responsibility, including but not limited to:
1.- The use that USERS may make of the WEBSITE or linked websites, whether prohibited or permitted, in violation of intellectual and/or industrial property rights.
2.- Any damages and losses to USERS, caused by normal or abnormal operation of the search and location tools for the contents and/or access to the WEBSITE, of the errors or problems that arise in the development or instrumentation of the technical elements available on the WEBSITE.
3.- The contents of those pages that USERS can access from links included in the WEBSITE , whether authorized or not.
4.- Access by minors (16 years old), to the contents included in the WEB SITE , being the responsibility of their parents or guardians, how to have any of the tools to control the use of the Internet in the sending of personal data without the prior authorization of their legal guardians.
The administrator of the web page will not be responsible in any case when they occur:
a.- Errors or delays in accessing the WEBSITE, by the USER, at the time of entering their data in the registration form, the slowness or impossibility of reception by the recipients of the purchase confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous cases or force majeure and any other unforeseeable contingency beyond the good faith of the website administrator.
b.- Errors or incidents that could occur in communications, erasure or incomplete transmissions, so it is not guaranteed that the services of the website are constantly operational.
c.- Of the errors or damages caused to the website by an inefficient and bad faith use of the service by the USER.
d.- Of the inoperability or problems in the electronic address provided by the USER, for sending the confirmation of the purchases made.
In any case, the administrator of the web page undertakes to solve the problems that may arise and to offer all the necessary support to the USER, to reach a quick and satisfactory solution to the incident.
Likewise, the administrator of the web page has the right to carry out promotional campaigns to promote the registration of new users in its online service.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY:
The administrator of the web page has all rights over the content, design and source code of this page and WEBSITE , and, in particular, with an enunciative but non-limiting character, over the photographs, images, texts, logos, designs, brands, commercial numbers and data that are included on the web.
USERS are warned that these rights are protected by current Spanish and international legislation relating to intellectual and industrial property, Royal Legislative Decree 1/1996, of April 12 and subsequent amendments.
Directive-EU-2019/790 of the European Parliament and of the Council of April 17, 2019 on copyright and related rights in the digital single market.
Without prejudice to the above, the content of the WEB SITE is also considered a computer program, therefore, it also results from the application of all current Spanish and European Community regulations on the matter.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that entails an infringement of the current Spanish, European and/or international regulations on intellectual property and/or industrial property, as well as the use of the contents of the website without the prior express and written authorization of the administrator, is also totally prohibited.
The administrator of the web page informs that he does not grant an implied license or authorization on intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the WEB SITE: https://bacalalo.com .
The use of the contents of the web domain is only authorized for informational and service purposes, as long as the source is cited or referenced, the user being solely responsible for their misuse.
8. NULLITY:
In the event that any clause of the present terms and conditions of use is declared void, the rest of the clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of the present terms and conditions.
The administrator of the web page may not exercise any of the rights and powers conferred in this document, which will not imply in any case a waiver of them unless expressly recognized by the administrator of the web page or prescription of the corresponding action in each case.
9. APPLICABLE LAW AND ARBITRATION:
These terms and conditions of use are governed by applicable Spanish legislation on the matter. To resolve any controversy or conflict that may arise, the parties submit to the jurisdiction of the courts of BARCELONA, city of origin of the entity, BACALALO, owner of the WEB SITE unless the law imposes another jurisdiction.
9.1. RESOLUTION OF CONFLICTS:
By Law 7/2017, in its Article, 40.5, by which the Directive, 2013/11/UE, and Regulation-UE-524/2013, of the European Parliament and of the Council, in its Article, 5.1, which includes the alternative resolution of disputes in consumer matters, is incorporated into the Spanish legal system: Plataforma de resolution de litigios en línea : (click here).
10. DATA PROTECTION AND PRIVACY POLICY:
USERS agree to browse the WEBSITE and use the content in good faith.
In compliance with the provisions of the General Data Protection Regulation-EU-2016/679, LOPDGDD-3/2018, LSSI-34/2002, and Law 11/2022, General Telecommunications, we inform you that the completion of any existing form on the WEBSITE: https://bacalalo.com , or sending an email to any of our mailboxes implies acceptance of this privacy policy, as well as authorization to the website administrator to process the personal data that you provide us, which will be incorporated into the file, owned by the Person in charge of Treatment and/or website administrator.
USER data will be used to send online and physical transactions via email, which the website administrator will perform.
By simply visiting the WEBSITE , USERS do not provide personal information nor are they obliged to provide it.
The administrator of the website undertakes to keep the maximum reserve and confidentiality on the information provided to it and to use it only for the indicated purposes. The administrator of the web page assumes that the data has been entered by its owner or by a person authorized by him, as well as that they are correct and accurate.
Likewise, BACALALO informs of the possibility of exercising access rights, which will respond within 30 days, as long as it preserves the data, rectification , opposition , suppression , limitation, and portability , so that the user can obtain a copy of the personal data that he has provided on the web in order to be able to transmit them to other services, these rights can be exercised by any means that records its sending and receiving to the address of administrator of the WEB SITE , or to Correo electrónico: admon@bacalalo.com , providing a photocopy of the DNI or alternative documentation that proves your identity.
As long as you do not inform us otherwise, we will understand that your data has not been modified, that you undertake to notify us of any variation and that we have consent to use them in order to maintain the relationship between both parties.
The sending of your data through the form(s) on our website will be subject to the fact that you have read/accepted the Terms of Use and Privacy Policy.
In accordance with what is established in Law 34/2002, Services of the Information Society and Electronic Commerce in its article 21, we ask for your consent to be able to carry out advertising communications that we consider may be of interest to you, by email or by any other equivalent means of electronic communication, this consent will be accepted with the acceptance of these conditions of use through a check box at the bottom of the form or web page.
To modify, update or cancel their personal data , the USER will write from their account email to admon@bacalalo.com , with the subject.
Therefore, the USER is responsible for the veracity of the data and the administrator of the web page will not be responsible for the inaccuracy of the USERS ' personal data.
In accordance with current data protection legislation, the website administrator has adopted the appropriate security levels for the data provided by the USERS and, in addition, has installed all the means and measures available to prevent loss, misuse, alteration, unauthorized access and extraction thereof.
LSSI-CE CERTIFICATES AND DATA PROTECTION.
BACALALO, of which the website is entitled: https://bacalalo.com , is advised on electronic commerce and Data Protection regulations such as RGPD-UE-2016/679, LOPDGDD-3/2018, with LSSI-CE-34/2002, and Law 11/2022, General Telecommunications, by GRUP QUALIA , therefore a certificate is given in digital image format so that you can display it on your website.
Dates: 15/11/2023.