Headline: Umamixe Gastronomía, S.L
Registered office: C/ Somera, 3, Bajo Derecha. – 48005 – Bilbao (Bizkaia)
Public Registry: Registered in the Commercial Registry of Volume, Folio, Section ª, Sheet, Registration ª.
Through this text we make available to all users and clients the conditions of use and registration that apply to our online services platform http://www.umamiebilbao.com/ and the services we provide, all of which are reflected therein. the rights and obligations that assist the parties.
Along with these conditions, each of the services provided may be regulated by conditions of use and registration of a particular nature, and it is mandatory in all cases that the user expressly accepts them before using and/or contracting.
USER REGISTRATION AND ACCESS
1. REGISTRATION PROCEDURE
Any user, as long as they are over 18 years old and have sufficient power to act in the name and representation of a third party, whether a natural or legal person, can register on our platform.
Using the username and password entered during the registration process, the user will be able to access the platform to contract and manage their services and information, as well as complete their user profile.
ELECTRONIC CONTRACTING OF SERVICES
1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts entered into electronically will produce all the effects provided for by the legal system, provided that the consent of both parties and this can be accredited.
For these purposes, it will be understood that the monitoring of all phases of the registration process and, where applicable, the payment of the corresponding financial amount, necessarily implies the provision of the express consent required for contracting the service.
Likewise, and in accordance with the provisions of article 27 of Law 34/2002 on information society services and electronic commerce, all information is made available to users prior to the start of the contracting procedure. the information related to it.
The contracting conditions indicated below are directly applicable to the contracting of all services made available through the web portal http://www.umamiebilbao.com/, unless expressly provided otherwise.
2. CONTRACT PROCEDURE
The procedure for contracting services is carried out completely electronically through our platform, without there being at any time the physical presence of the parties and/or external physical transaction.
Cualquier persona con acceso a Internet puede llevar a cabo la contratación, con el único requisito previo de haberse registrado como usuario, siendo éste esencial para poder iniciar el procedimiento de contratación.
The phases of the contracting procedure are visible to users throughout the entire contracting procedure. 3 phases can be differentiated:
Selection of service and payment method.
Confirmation of service.
The user only has to select the service they wish to purchase and press the purchase button provided for this purpose. In this way, the contracting procedure will begin, which will always follow the steps indicated above for all available services.
Once the service, the quantity, the applicable taxes, the total price and the means of payment have been selected, the platform will show the user a summary of the contract made, along with the applicable contract conditions, which in any case must be expressly accepted. by the user to be able to follow the contracting process. Icono de Validado por la comunidad
Once the acceptance box of the contracting conditions has been checked, if any of the electronic means of payment has been selected as a payment method, the user will be directly redirected to the corresponding external payment platform to make the payment, without http:/ /www.umamiebilbao.com/ has the possibility of accessing the user’s credit card data and/or payment systems at any time.
The security of the payment procedure is guaranteed by the financial institution.
Once the contracting of the service is completed, a summary screen of the contracting made will be displayed.
If payment by credit card has been selected, this will be carried out through the bank’s POS, a platform completely unrelated and independent of the provider.
Within a maximum period of 24 hours, the service contractor will receive an email in which all the information related to the contracted service will be shown. This document is confirmation that the contract has been carried out successfully, and is valid as a means of accreditation for any type of claim, as long as proof of the corresponding payment is attached.
The provider informs the user that all contracts made will be recorded in a file for the control and management of contracts, in which, along with the information on the contracted services, additional information will be reflected to guarantee security and evidence of correct execution. of the procedure.
3. RIGHT OF WITHDRAWAL FROM CONTRACTING
In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, together with article 45 of Under Law 7/1996, on Retail Trade, the user has the right to withdraw from the contract during the period from the moment the service has been contracted.
To exercise the right of withdrawal, the user must simply request it in writing to any of the addresses mentioned below, expressly indicating their request to exercise the right of withdrawal:
Postal Address: C/ Somera, 3, Bajo Derecha. – 48005 – Bilbao (Bizkaia)
In any case, it is up to the consumer and user to prove that they have exercised their right of withdrawal in accordance with the provisions of this chapter.
Once the request to exercise the right of withdrawal is received, we will proceed to refund the financial amount paid (without in any case including the shipping and management costs that could have been paid initially) within a maximum period of 14 calendar days from the moment of receipt of the withdrawal and always through the means used to pay for the service, or failing that by bank transfer.
The exercise of the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. If you have consumed any of said services, it will not be possible to exercise the right of withdrawal.
The user undertakes, during the term of this contract, to:
Not use the platform or any of the elements that make up it, to develop time-sharing operations, become a provider of software application services to the extent that they are aimed at making possible third-party access to the platform or any of its components. , through rental operations, administrative services or any other of similar consideration, sharing them or making them available to third parties.
Not subject the platform or any of its elements to activities aimed, directly or indirectly, at the decompilation of its software, that imply its submission to operations of a reverse nature to those that determined its construction or that, ultimately, constitute or may constitute reverse engineering, decompilation or disassembly operations. None of the sections of this contract may be understood as authorization of access to the source code of the platform.
Do not publish the platform, nor use it as a management and exchange system for illegal information and/or documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.
Do not subject the platform to workloads aimed at destabilizing it, including denial of service (DDoS) attacks or similar situations. If this type of situation is detected, the agreed level of service will not apply, being considered an emergency situation, therefore Umamixe Gastronomía, S.L does not assume any responsibility for the lack of availability of the service.
Not carry out acts of reverse engineering, requirements gathering and other activities aimed at developing an online platform identical or similar to the one made available by http://www.umamiebilbao.com/, and this activity may be considered an act of unfair competition and violation of the intellectual and industrial property rights that the provider holds on the platform.
Not translate, adapt, improve, transform, modify or correct the platform or any of the elements that comprise it, and may not incorporate it into other own software or portals or those provided by third parties.
Do not remove, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the provider, as the legitimate owner of the rights, incorporates into its properties regarding intellectual or industrial property (such as, for example, copyright, ©, ® and TM, etc.) either on the platform itself or in the associated material.
Accept that http://www.umamiebilbao.com/ may introduce contextualized advertising on the website or not.
Pay the financial amounts expressly indicated in this contract in a timely manner.
Inform the provider of any fact or situation that may have occurred that could put the security of access by authorized users at risk.
Forcing failures or searching for security breaches on the platform is prohibited.
GUARANTEES AND RESPONSIBILITIESS
We are deeply committed to ensuring that our services function correctly and in accordance with the conditions agreed with our users. However, sometimes situations may arise, especially due to the intervention of ill-intentioned third parties, that could lead to liability.
In this sense, below we indicate those situations in which we are not responsible for the actions of users, who assume all derived responsibilities:
In the event that information appears published on the platform that has not been hosted by us or that, if applicable, has been published by a third party outside the organization.
In the event that the platform is not operational for technical reasons attributable to third parties or unforeseeable causes and/or force majeure.
In the event that the user or any third party stores, disseminates, publishes or distributes on the platform any type of defamatory, libelous, discriminatory material, that incites violence or that goes against morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties.
In the event that the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, and damage is caused to the systems of other users.
The services made available and marketed through http://www.umamiebilbao.com/ are provided by third-party companies completely independent of the provider. For this reason, http://www.umamiebilbao.com/ is not responsible in the event of specific failures in the continuity of the service or, where appropriate, the lack of specific availability of the same.
In the event that the services contracted by the user are not available for a period of more than 72 hours from the moment of notification of the incident, the user is entitled to request the provider to terminate this contract and return the the economic amounts corresponding to the services not enjoyed, which will be duly reimbursed through the same means that the initial payment would have been made or, where appropriate, by bank transfer.
In the event that any of the content accessible through the platform is contrary to current regulations, we undertake to proceed with its immediate removal as soon as we become aware of and corroborate the facts.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At http://www.umamiebilbao.com/ we are deeply committed to the protection of intellectual property rights. That is why we have established the following conditions and policies:
1. RELATING TO THE ONLINE PLATFORM
The provider guarantees the user that he is the legitimate owner of the platform and that it is not immersed in any type of legal dispute prior to signing this contract.
The user expressly acknowledges that the provider holds all right, title and interest over the platform and the computer developments associated with the service, as well as over all its modules, modifications and updates and over any element and/or functionality that was developed on it, regardless of whether this has been requested by the user or not. For these purposes, it includes, without limitation, the recognition of the ownership of the provider of all copyright, intellectual and/or industrial property rights, being able to exploit the platform, without any restriction of a temporal or territorial nature, related to media. dissemination or modalities of exploitation and without more limitations than those established in the laws.
The structure, characteristics, codes, work methods, information systems and their exchange, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform, are the exclusive property of the provider. , being duly protected by national and international intellectual and/or industrial property laws, and cannot be subject to further modification, copy, alteration, reproduction, adaptation or translation by the user, without the prior express consent of the user. lender.
Likewise, all user manuals, texts, graphic drawings, databases that complement the platform and/or the materials associated with it, are the property of the provider, and cannot be subject to further modification, copy, alteration, reproduction, adaptation or translation by the user.
The making available in service mode of the platform or mere access by the user does not imply, in any case, the transfer of ownership, nor the granting of a right of use in favor of the user other than that expressed in these conditions.
In order for the user to be able to use the platform, the exclusive property of the provider, it transfers, under this contract, a non-exclusive use license to the user, limited in time to each connection period, spatial in scope. unlimited to the extent that it can be accessed from any computer with Internet, non-transferable, revocable and non-sublicensable.
In any case, any type of reproduction, imitation, transmission, translation, modification, creation of a derivative work and/or public communication is absolutely prohibited, regardless of the medium used for it, otherwise the offending user will assume all direct or indirect responsibilities. derivatives that could occur.
For any aspect that is not expressly recognized in this contract, all rights will be understood to be reserved in favor of the provider, with written authorization from the provider being necessary to carry it out.
2. RELATING TO USER CONTENT AND INFORMATION
All content and information published or managed by users on the platform are the exclusive property of the user, with http://www.umamiebilbao.com/ being a mere information society service provider in charge of data storage.
The provider does not receive any type of intellectual property rights due to the fact that the user hosts or manages them on its platform, so in no case may it process them for purposes other than those directly related to the provision of the services actually contracted.
CONFIDENTIALITY AND DATA PROTECTION
These conditions will come into force on the date of contracting the service and will have a duration of one year, being tacitly renewed for annual periods.
Either party may terminate this contract by express written communication to the other party, at least 30 days prior to the start of the following period.
However, those services that are consumer services and that are contracted in packages or promotions may have a determined and specific duration less than that indicated, which in any case will be shown before proceeding with the contract.
The rates applicable to each of the services offered through the platform will be solely and exclusively those that are published on the online platform, these being the only valid ones, except for typographical or transcription errors, in which case the provider undertakes to to modify them immediately.
If the payment method is by direct debit, the user expressly accepts that the provider periodically makes the corresponding financial charges to the user’s bank account within the indicated periods.
The provider reserves the right to cancel contracts made within a period of 7 days from the moment of completion if it detects the existence of typographical or transcription errors in the price and/or taxes applied to the transaction.
The provider reserves the right to make any type of modification to the rates of each service, and undertakes to publish them on the platform visibly for users. Unless otherwise provided, the modification of rates will not be retroactive.
All contracted services will be duly invoiced and paid prior to the provision of services or in arrears, depending on the contracting method used.
The financial amounts may only be paid by direct debit or credit card, and at no time will the provider have access to any bank or credit card information.
All rates will be increased by the amount corresponding to the taxes in force on the date the invoice is issued, being duly reflected in the summary of each purchase.
USER SERVICE AND TECHNICAL SERVICE
The provider makes available to the user a user service and technical assistance in accordance with the following characteristics:
Hours: Monday to Friday from 10:30 a.m. to 8 p.m. and Saturdays from 10:30 a.m. to 4 p.m.
Unless otherwise specifically provided, the user service will be provided exclusively in Spanish.
TERMINATION OF CONTRACT
This contract may be terminated whenever any of the following circumstances occur:
Failure to comply with the obligations set forth in this contract.
For the expiry of its duration, provided that one of the parties has expressly expressed at least 30 days in advance their desire not to automatically renew the contract.
The declaration of bankruptcy of the other party, or the initiation of any of said procedures or equivalent before the competent authorities, and the obligations are repeatedly breached by the latter, whether presented by one of the parties or by some third.
In the event that the corresponding financial amounts are not paid in accordance with the agreed terms and manner. The service will be automatically blocked the day after the non-payment occurs. For its reactivation it will only be necessary to pay the corresponding financial amount.
The dissolution, liquidation or loss of legal personality of any of the parties.
Any substantial change or variation of the essential conditions that were indicated in this contract to carry out the execution of this contract.
Likewise, for the contract to be fully terminated, the user must pay all those financial amounts that remain outstanding, without the possibility of full termination without compliance with this obligation considered essential.
In the event that the contract is terminated unilaterally by the user, without duly proven and justified cause, the user waives any type of claim for the financial amounts paid to date.
EXTRAJUDICIAL DISPUTE RESOLUTION
Likewise, in the terms set out in article 14 of EU Regulation 524/2013, on consumer dispute resolution, a direct link is provided to the online dispute resolution platform: https://ec.europa .eu/consumers/odr/main/index.cfm
APPLICABLE LAW AND JURISDICTION
For any controversy or conflict that may arise, derived from these terms or conditions, Spanish Law will apply. The resolution of judicial conflicts will be subject to the jurisdiction of the Courts and Tribunals of the user’s or client’s domicile.