LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE WEBSITE
- GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information of this website is provided below:
The ownership of this website, www.cocinate.net (hereinafter, Website) is held by: Javier Santamaría Durán Contact telephone: 638405161 Dirección de contacto: Elisenda de Montcada 51 – 1'2 08330 Premià de Mar Contact email: hola(at)cocinate.net
The group that owns www.cocinate.net is actively involved with the “Amazon EU Affiliate Program”. This affiliate advertising system is designed to provide a method for websites, such as this one, to earn commissions through advertising. Links to Amazon.com are included.
- GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Web Site
The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources offered to Users (hereinafter, Services).
Cocinate.net reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that Cocinate.net may at any time interrupt, deactivate and/or cancel any of these elements included in the Website or access to them.
Access to the Web Site by the User is free and, as a general rule, is free of charge without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
The access, navigation and use of the Website, as well as the spaces enabled to interact between the Users, and the User and Cocinate.net, such as the comments and/or blogging spaces, confers the condition of User, and therefore the User accepts, from the moment he/she starts browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them every time he/she visits the Website.
The Cocinate.net Web Site provides a great diversity of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- A use of the information, Contents and/or Services and data offered by Cocinate.net without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve damage to the rights of third parties or the operation of the Website.
- The truthfulness and legality of the information provided by the User in the forms provided by Cocinate.net for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Cocinate.net about any event that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
Cocinate.net reserves the right to remove all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that violate youth or childhood, order or public safety or that, in his opinion, are not suitable for publication.
In any case, Cocinate.net shall not be responsible for the opinions expressed by the Users through comments or other blogging or participation tools that may be available. It is understood that the opinions expressed in the entries are the sole responsibility of the users under the following obligations of the user:
Not to use the tabs to carry out activities contrary to the law, good customs, established moral order or for illicit or prohibited purposes or purposes that may harm the rights and interests of third parties, or not to harass or annoy other users or third parties, not to collect or store information of other users or third parties without complying with the current legislation on data protection.
The mere access to this Website does not imply any type of commercial relationship between Cocinate.net and the User.
In compliance with current legislation, this Cocinate.net Web Site is intended for all persons, regardless of age, who may access and/or browse the pages of the Web Site.
The Web Site is primarily intended for Users residing in Spain. Cocinate.net does not ensure that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled in another place and decides to access and/or browse the Website, he/she shall do so under his/her own responsibility, and shall ensure that such access and browsing complies with the applicable local legislation, and Cocinate.net shall not assume any liability that may arise from such access.
- ACCESS AND NAVIGATION ON THE WEB SITE: EXCLUSION OF WARRANTIES AND LIABILITY
Cocinate.net does not guarantee the continuity, availability and usefulness of the Web Site, and shall not be liable for service deficiencies of its service provider, such as server downtime. Neither of the communication networks, nor of the problems resulting from the malfunction or use of non-optimized versions of any type of browser, as well as those resulting from prolonged interruptions of power supply, telecommunications lines, social conflicts, strikes, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
Cocinate.net does not guarantee the continuity or availability of its Contents or Services. Cocinate.net will make every effort to ensure the proper functioning of the Website, however, Cocinate.net is not responsible for and does not guarantee that access to this Website will be uninterrupted or error-free.
Cocinate.net is not responsible for or guarantees that the content or software that can be accessed through this Website is free of error or causes damage to the User's computer system (software and hardware). In no event shall Cocinate.net be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
Cocinate.net shall not be liable for any damages that may be caused to users by improper use of this Website. In particular, Cocinate.net shall not be liable in any way whatsoever for any telecommunications failures, interruptions, faults or defects that may occur.
- PRIVACY AND DATA PROTECTION POLICY
It is informed that the Cocinate.net Website makes or may make available to Users means of links (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories and search engines on the Web Site is intended to facilitate the Users' search and access to the information available on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
Cocinate.net does not offer or market by itself or through third parties the products and/or services available on such linked sites.
Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.
Cocinate.net will in no way review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material on such linked sites.
Cocinate.net assumes no liability for any damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by Cocinate.net and which are linked to this Web Site.
The User or third party who makes a hyperlink from a web page of another, different, website to the Cocinate.net Website must know that:
The reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without the express authorization of Cocinate.net.
No false, inaccurate or incorrect statement about the Cocinate.net Web Site, nor about the Contents and/or Services of the same is allowed.
Except for the hyperlink, the website where the hyperlink is established shall not contain any element of this Website protected as intellectual property by the Spanish legal system, unless expressly authorized by Cocinate.net.
The establishment of the hyperlink does not imply the existence of a relationship between Cocinate.net and the owner of the website from which it is made, nor the knowledge and acceptance by Cocinate.net of the contents, services and/or activities offered on said website, and vice versa.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
Cocinate.net itself or as an assignee, owns all intellectual and industrial property rights of the Website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or text, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They are, therefore, works protected as intellectual property by the Spanish legal system, being applicable to them both the Spanish and Community regulations in this field, as well as the international treaties related to the matter and signed by Spain.
All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the mode of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorization of Cocinate.net, are expressly prohibited without the authorization of Cocinate.net.
The user undertakes to respect the Intellectual and Industrial Property rights owned by Cocinate.net. You can view the elements of the portal and even print, copy and store them on the hard drive of your computer or any other hardware provided it is solely and exclusively for your personal and private use. The user shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on Cocinate.net pages.
In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, he/she must immediately notify Cocinate.net through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
- LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION
Cocinate.net reserves the right to file the civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for the breach of these Conditions.
The relationship between the User and Cocinate.net shall be governed by the regulations in force and applicable in the Spanish territory. In particular, the legislation on the protection of personal data (Organic Law on the Protection of Personal Data and its implementing regulations, in addition to the General Data Protection Regulation 2016/679 of the European Union) and the legislation on information society services (Law 34/2002, of July 11, 2002, on information society services and electronic commerce). Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties may submit their disputes to arbitration or go to the ordinary jurisdiction submitting to the judges and courts of Barcelona.
Last modification: May 7, 2019.
GENERAL TERMS AND CONDITIONS
- GENERAL INFORMATION
The aforementioned conditions are made on the basis of the following laws:
- Law 34/2002, on information society services and electronic commerce
- Law 7/1998 on General Contracting Conditions
- Royal Legislative Decree 1/2007 approving the revised text of the General Law for the Defense of Consumers and Users as last amended by Law 3/2014 of March 27.
- Law 7/1996 on the Regulation of Retail Trade and any other applicable legal provisions.
The ownership of this website, https://www.cocinate.net, (hereinafter Website) is held by Javier Santamaría Durán, whose contact details are: Contact telephone: 638405161 Contact email: hola(at)cocinate.net
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (https://www.cocinate.net and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Terms and Conditions, it is understood that the activity that Cocinate.net carries out through the Website includes: Information on projects
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.
Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.
By accepting the terms and conditions, the user declares to know and accept the procedures as necessary to proceed with the purchase.
- THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Web Site.
The Web Site is primarily intended for Users residing in Spain. Cocinate.net ensures that the Website complies with the laws of other countries, either totally or partially. Cocinate.net disclaims any liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.
The User may formalize, at his/her choice, with Cocinate.net the purchase contract for the desired products and/or services in any of the languages in which the present Conditions are available on this Website.
- PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They should follow the online purchase and/or acquisition procedure of https://www.cocinate.net, during which a product can be added to the cart, basket or final shopping space and, finally, click on “Add to Cart and Checkout”.
As this is an uncertain product for the consumer, the user will receive a personally selected product at the address provided. Of course, the number of products will vary according to the single subscription: 3 months (at the beginning), monthly thereafter.
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an e-mail confirming that Cocinate.net has received his/her order or request for purchase and/or provision of the service, i.e. the order confirmation. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that may be requested by the User via email. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by requesting it to Cocinate.net using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of contracting that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular contracting conditions applicable to each case.
All purchase orders received by Cocinate.net through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Cocinate.net undertakes to contact the User and reimburse any amount that may have been paid by way of payment.
It will not entail any kind of damage or compensation for not having available stock of the product offered for https://www.cocinate.net. The customer always has the possibility to make a pre-purchase inquiry about the stock before placing the order using the email, the contact form or the live chat if available.
- PRICING AND PAYMENT
The prices displayed on the Web Site are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods are: PayPal and Stripe.
Cocinate.net uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to verification and authorization by the issuing bank. If the issuing bank does not authorize the payment, Cocinate.net will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
In any case, by clicking on “Add to Cart and Checkout” the User confirms that the payment method used is his/her own.
In those cases in which digital delivery of the contracted goods is required, deliveries shall be made within the following territory: Worldwide
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason, Cocinate.net is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid.
In the event that 30 days have elapsed since your order has been available for delivery, and it has not been delivered for reasons not attributable to Cocinate.net, Cocinate.net shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be terminated.
For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires possession of the products, which shall be evidenced by receipt of the order at the e-mail address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Cocinate.net receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Cocinate.net.
In accordance with the provisions of Law 88/1330 on Value Added Tax (VAT), purchase orders for delivery and/or performance shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
- TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting Cocinate.net through the contact spaces provided on the Website, and, where appropriate, through those provided to contact customer service, and/or by using the contact details provided in the first clause (General Information).
In any case, the User, before clicking on “Add to cart and Checkout”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
- DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Cocinate.net accepts no liability for the following losses, regardless of their origin:
- Any losses that are not attributable to any breach by you;
- Business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties.
Likewise, Cocinate.net also limits its liability in the following cases:
- Cocinate.net applies all the measures concerning to provide a faithful visualization of the product on the Web Site, however, it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser used or others of this nature.
- Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Cocinate.net puts all the means at its disposal in order to carry out the process of purchase, payment and shipment/delivery of the products, however, is exempt from liability for causes not attributable to it, fortuitous event or force majeure.
- Cocinate.net shall not be held responsible for the misuse and/or wear and tear of the products used by the User. At the same time, Cocinate.net will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, Cocinate.net shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e. due to force majeure, and this may include, by way of example, but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations shall be suspended for the period during which the force majeure cause continues, and Cocinate.net shall have an extension of the deadline to fulfill them for a period of time equal to the duration of the force majeure cause. Cocinate.net shall use all reasonable means to find a solution that will allow it to fulfill its obligations despite the force majeure cause.
- WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, the User agrees that most communications with Cocinate.net will be electronic (e-mail or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by Cocinate.net comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Cocinate.net through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Cocinate.net may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Cocinate.net of any specific legal right or action or Cocinate.net's failure to require strict compliance by the User with any of its obligations shall constitute a waiver of any other right or action arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.
No waiver by Cocinate.net of any of these Conditions or of any rights or remedies under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.
- FULL AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Cocinate.net in relation to the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise made verbally or in writing by the same parties.
The User and Cocinate.net acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
- DATA PROTECTION
- APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Web Site and contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Cocinate.net and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
- COMPLAINTS AND CLAIMS
The User may send Cocinate.net his/her complaints, claims or any other comments he/she may wish to make through the contact details provided at the beginning of these Conditions.
In addition, Cocinate.net has official complaint forms available to consumers and users, which they can request from Cocinate.net at any time, using the contact details provided at the beginning of these Conditions.
Furthermore, if a dispute arises from the conclusion of this purchase contract between Cocinate.net and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.
You can access this method through the following website: http://ec.europa.eu/consumers/odr.