Legal Notice

The access, navigation and use of the website www.neozapas.com (hereinafter, the “Website”) is governed by the rules established in this legal notice, as well as by the provisions of the Data Protection and Privacy Policy that the user has read and expressly accepted when registering in it. The use of the same implies the express and unreserved acceptance of all the terms of this Legal Notice. Its observance and compliance will be enforceable with respect to any person who accesses, browses or uses the Website.

1 IDENTIFICATION

Owner: The website NEOZAPAS.COM (hereinafter, the “Owner”) is owned by Didrop Market Store SL, with registered office in Barcelona, 08013 with C.I.F nº B09646472.

E-mail: info@neozapas.com

2 PURPOSE

This Legal Notice regulates the access, navigation and use of the Website, without prejudice to the fact that the Owner reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access and / or use. The access and / or use of the Website after the entry into force of its modifications or changes imply the acceptance of the same.

However, access to certain content and the use of certain services may be subject to certain particular conditions, which will in any case be clearly shown and must be expressly accepted by Users. These particular conditions may replace, complete or, where appropriate, modify those established in this Legal Notice.

For the purposes of the interpretation of this Legal Notice, it is understood that a person becomes a user (hereinafter, “User” or “Users”) at the time they accept this Legal Notice and the Privacy Policy set forth on the Website.

3 ACCESS AND REGISTRATION

Access to and use of the Website does not require registration. However, access and navigation through the Website imply that the User of the same accepts in its entirety and undertakes to fully comply with this Legal Notice, as well as the instructions or recommendations indicated in each specific case through the Website.

In any case, access and navigation on the Website by minors under fourteen (14) years of age is prohibited, unless they have the prior and express authorization of their parents, guardians or legal representatives, who will be considered responsible for the acts carried out by the minors in their charge, in accordance with current regulations. In any case, it will be presumed that the access made by a minor to the Website has been made with the prior and express authorization of their parents, guardians or legal representatives.

4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All trademarks, trade names or distinctive signs of any kind that appear on the site www.neozapas.com are the property of the Owner, suppliers or third parties and assigned to NEOZAPAS.COM without it being understood that the use or access to the site and / or the services offered attributes to the User any type of right over the trademarks, trade names or distinctive signs.

Likewise, the contents are the intellectual property of the Owner, the suppliers or third parties, without being understood to be transferred to the User, nor that he can make use of them beyond what is strictly necessary for a correct use of the Website and its services.

This clause includes, but is not limited to: images, sound, video, software, texts, trademarks, logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.

By virtue of the provisions of RDL 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, the reproduction, distribution and public communication, including the modality of making available, of all or part of the contents of this Website for commercial purposes are expressly prohibited, in any medium and by any technical means, without the authorization of the Owner.

The User must refrain from deleting, altering, evading or manipulating any protection device or security system that is installed in www.neozapas.com

In no case shall it be understood that the access, navigation and use of the Website by the User implies a waiver, transmission, license or total or partial assignment of said rights by the Owner. The User has a right to use the contents and / or services of the Website within a strictly domestic scope and only for the purpose of enjoying the provision of the service in accordance with this Legal Notice.

References to trademarks or registered trade names, or other distinctive signs, whether owned by the Owner or third parties, implicitly prohibit their use without the consent of the Owner or their legitimate owners. At no time does the access, navigation or use of the Website and / or its contents confer on the User any right over distinctive signs included in it, unless otherwise provided in this Legal Notice.

All intellectual and industrial property rights over the contents and / or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, if you do not have prior authorization, express and in writing of the Owner or, where appropriate, of the Owner of the corresponding rights.

Likewise, it is forbidden to delete or manipulate the indications of copyright or other credits that identify the owners of rights of the contents that the User finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

In the event that the User sends information or content of any kind to the Owner through any of the channels enabled for this purpose, the User declares, guarantees and accepts that he has the right to do so freely, that such information does not infringe any intellectual property right, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges assuming responsibility, leaving the Owner harmless, for any communication or content sent personally or in his name.

If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the laws or that could imply an infringement of intellectual, industrial, or any other type of property rights, he must immediately notify the Owner through the email address info@neozapas.com so that he can proceed to the adoption of the appropriate measures.

Similarly, in the event that any User or a third party considers that any of the contents of the Website owned by the Owner violates their intellectual, industrial, or any other type of property rights, they must send a communication to info@neozapas.com with the following information:

1) Identification data and means of contact of the claimant or his legal representative.

2) Documentation that proves your status as the Owner of the rights allegedly infringed.

3) Detailed account of the rights allegedly infringed by the Owner, as well as their exact location within the Website.

4) Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.

5 LINKS

5.1. LINKS TO OTHER WEBSITES

In the event that links to other web pages will be displayed on the Website through different buttons, links, banners or embedded content, the Owner informs that these are managed by third parties, the Owner not having the human or technical means to know in advance and / or control and / or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.

Consequently, the Owner may not assume any type of responsibility for any aspect related to the Website or web page to which a link could be established from the Website, specifically, by way of example, but not limitation, on its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

In this sense, if Users have effective knowledge that the activities carried out through these third-party websites are illegal or contravene morality and / or public order, they must immediately notify the Owner in order to proceed to disable the access link to them, an action that will be carried out in the shortest possible time.

In any case, the establishment of any type of link from the Website to another third party website will not imply that there is any type of relationship, collaboration or dependence between the Owner and the person responsible for said external website.

5.2. LINKS TO THE OWNER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS

The Owner makes available to Users, through different tools and applications, means of link that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and / or managed by third parties (e.g. Twitter, Facebook, YouTube, etc.). The inclusion of these links on the Website has the sole purpose of providing Users with access to these channels on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between the Owner and the owner, manufacturer or distributor of the linked Website, nor the acceptance and approval by the Owner of its contents and / or services, being its owner, manufacturer or distributor solely responsible for them.

The activation and use of these applications may entail the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the Owner. By accessing such external networks, the User enters an environment not controlled by the Owner, so the Owner will not assume any responsibility for the security configuration of such environments.

Since the Owner may have limited control over the content hosted on such channels, the User acknowledges and accepts that the Owner assumes no responsibility for the content or services that the User may access on such pages, nor for any content, products, services, advertising, or any other material available therein.

5.3. LINKS ON OTHER WEBSITES TO THE WEBSITE

The Owner does not authorize the establishment of a link to the Website from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene laws, morality or public order, or generally accepted social norms.

In any case, Users may establish links that direct to the Website, as long as they comply with the following conditions:

1) The link may not reproduce the content of the Website or parts thereof in any way;

2) It is not allowed to create a browser or a border environment on the sections of the Website, nor in any other way may the Website be modified;

3) It is not allowed to make false or inaccurate or incorrect statements or indications about the Website and/ or, in particular, to declare or imply that the Owner has authorized the link or that he has supervised or assumed in any way the contents or services offered or made available on the web page on which said link is established;

4) The web page on which the link to the Website is established will not contain information or illegal content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any rights of third parties, including intellectual or industrial property rights and / or the right to honor, to personal or family privacy or to one’s own image or any other right, or content contrary to the rules governing the protection of personal data.

The Owner has no power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. The Owner does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website; specifically, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

6 RULES OF USE OF THE WEBSITE

It is not allowed and, therefore, its consequences will be the sole responsibility of the User, access or use of the Website for illegal or unauthorized purposes, with or without profit. In particular, and without the following list being limiting, it is prohibited:

1) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party;

2) Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;

3) Use the Website to collect personal data from other Users;

4) Use the Website illegally, against good faith, morality and public order;

5) Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the identity of the User;

6) Access without authorization to any section of the Website, to other systems or networks connected to the Website, to the servers of the Owner, or to the services offered through the Website, by means of hacking or falsification, extraction of passwords or any other illegitimate means;

7) Violate, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the contents offered on the Website;

8) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Owner, as well as in the systems and networks connected to the Website; or

9) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result thereof and / or using fraudulent participation methods, through any procedure, and / or through any practice that violates or violates this Legal Notice.

The breach of any of the above obligations by the User may entail the adoption by the Owner of the appropriate measures protected by law and in the exercise of their rights or obligations, and may lead to the elimination or blocking of the account of the offending User, without the possibility of any compensation for the damages caused.

7 GENERAL AND PARTICULAR CONDITIONS OF CONTRACTING THROUGH THE WEBSITE

The Owner informs the User that to make any purchase it is essential to register and expressly accept both the data protection and privacy policy, as well as the general and particular conditions of the contract that govern the contractual relationship between the parties, that is why the Owner recommends the User to read and understand, prior to acceptance.

You can consult the general and particular conditions of the contracting of this Website
here.

8 RESPONSIBILITIES AND GUARANTEES

The Owner cannot guarantee the reliability, usefulness or veracity of all the information and / or the services and contents of the Website or the usefulness or veracity of the documentation made available through it.

Consequently, the Owner does not guarantee and is not responsible for:

1) The continuity of the contents and services of the Website;

2) The absence of errors in such content and services;

3) The absence of viruses and/or other harmful components on the Website or on the server that supplies it;

4) The invulnerability of the Website and / or the impossibility of violating the security measures adopted therein;

5) The lack of usefulness or performance of the contents and services of the Website; and

6) Damages or losses caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that the Owner establishes on the Website or through the violation of the security systems of the Website.

However, the Owner declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and minimize system errors, both from the technical point of view and the contents published on the Website.

The Owner does not guarantee the legality, reliability, or usefulness of the contents provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the laws, or that could imply an infringement of the rights of third parties, he must immediately notify the Owner so that he can proceed to the adoption of the appropriate measures.

The Owner will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside it, as well as those contained in other platforms to which it is linked from the Website. The Owner will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

The Owner will not be liable for reasons beyond its control, among which may be listed in a non-limiting manner: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the Owner, actions or omissions of third parties, etc. In all the cases referred to, beyond the control and due diligence by the Owner, there will be no compensation from the Owner to the User for damages, to the extent permitted by current legislation.

9 SUSPENSION OF THE WEBSITE

The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, accommodation and / or download of the content and / or use of services of the Website, with or without prior notification, to Users who contravene any of the provisions detailed in this Legal Notice, without the possibility of the User to demand any compensation for this cause.

10 CONFIDENTIALITY AND DATA PROTECTION

The visit to this Website does not imply that the user is obliged to provide any information about himself. In the event that the user wants to proceed to make a purchase of the products through the online purchase gateway, he must provide the personal data required as necessary, in order that the Owner of the Website can comply with the order made and be able to duly comply with the tax obligations derived, in this case, as an essential requirement to complete the registration prior to purchase, the user must read and expressly accept the privacy policy and the general and particular conditions of the contracting of this Website.

If the User provides any personal information, the data collected on this Website will be used for the purpose, in the manner and with the limitations and rights contained in the current regulations on the Protection of Personal Data and the regulations on the protection of personal data in force, and as explained and detailed in our personal data protection policy and that the user has read, understood and expressly accepted when registering on this website.

In compliance with the provisions of these rules, the Owner as responsible for the files informs you that your personal data collected through the Website will be subject to automated processing in our files which are protected by computer security measures that prevent their free access, and guarantee their anonymization and confidentiality.

The purpose of the files is to manage the requests made and answer them as well as activities of our corporate purpose, consisting of activities of promotion and sale of the products shown on this Website and those of administrative and accounting management of the company. By accepting our privacy policy, you as a user are consenting to your data being expressly treated for the advertising and / or informative purpose of our products and the news that occur and that we consider may be the object of your interest through our sending of advertising, either through newsletter, digital, telephone or postal advertising.

The Owner informs you that once the contractual relationship between the parties has ended, due to its normalization or because you as the interested party express your willingness to cancel your data in our files, or because more than a year has elapsed without any type of activity between the parties, the company will only keep them for the time strictly necessary for compliance with its legal obligations. The data will be transferred to a file of a temporary nature and only for consultation, where they will be stored securely and where they will be protected by computer security measures that prevent their free access, and guarantee their anonymization and confidentiality during the time of mandatory conservation.

As a user and interested party, and by virtue of your right to information, in this section we expressly inform you that you are the owner of the rights indicated below, and which are respected by the Owner in the processing of your personal data:

Right of access: By virtue of the right of access, the affected party may obtain from the person responsible for the treatment information related to specific data, included in a certain file, or to all of their data subject to treatment. This right constitutes the pillar of the rights that the affected party has, since it is granted a right to know the data subject to treatment, and therefore, make possible its power of control over the data, in this way, the interested party is empowered to know the information related to his person that appears in databases and automated files or not.
Right of rectification: it is the right of the affected party to modify the data that turn out to be inaccurate or incomplete.
Right of cancellation: The exercise of the right of cancellation will result in the deletion of data that turn out to be inadequate or excessive, without prejudice to the duty of blocking in accordance with the provisions of current regulations.
Right of opposition: it is the right of the affected party not to carry out the processing of their personal data or to cease in the same in the following cases:
When your consent is not necessary for the treatment, as a result of the concurrence of a legitimate and well-founded reason, referring to your specific personal situation, that justifies it, provided that a Law does not provide otherwise.
In the case of files whose purpose is to carry out advertising and commercial prospecting activities, whatever the company responsible for their creation.
When the purpose of the processing is to adopt a decision referring to the affected party and based solely on an automated processing of their personal data.
Right to transparency: All processing of personal data must be lawful and fair. It should be absolutely clear to natural persons that personal data concerning them are being collected, used, consulted or otherwise processed, as well as the extent to which such data are or will be processed.
Right to be forgotten: The interested party will have the right to obtain without undue delay from the person responsible for the treatment the deletion of the personal data that concerns him, which will be obliged to delete without undue delay the personal data when any of the following circumstances occur:
Personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed.
The interested party withdraws the consent on which the treatment is based in accordance with the provisions of current regulations.
The interested party opposes the treatment in accordance with the provisions of current regulations.
Personal data have been processed unlawfully
Personal data must be erased in order to comply with a legal obligation laid down in Union or Member State law that applies to the controller
Right to restriction of processing: The interested party shall have the right to obtain from the controller the limitation of the processing of data when any of the following conditions are met:
The interested party contests the accuracy of the personal data, for a period that allows the person responsible to verify the accuracy of the same.
The processing is unlawful and the data subject objects to the erasure of the personal data and requests instead the limitation of its use.
The controller no longer needs the personal data for the purposes of the processing, but the data subject needs them for the formulation, exercise or defence of claims.
The interested party has objected to the treatment by virtue of the provisions of current regulations, while it is verified if the legitimate reasons of the person responsible prevail over those of the interested party.
Right to data portability: The interested party shall have the right to receive the personal data concerning him/her, which he/she has provided to a controller, in a structured, commonly used and machine-readable format, and to transmit them to another controller without being prevented by the controller to whom they were provided, when:
The treatment is based on consent in accordance with the provisions of current regulations, and
The processing is carried out by automated means

All the above rights, as well as those that may arise in accordance with current regulations on data protection, whether national or EU, are very personal and will be exercised by the affected party.

Such rights shall be exercised:

▪ By the affected party, proving their identity, in the manner provided for in the following section.

▪ When the affected party is in a situation of disability or minority that makes it impossible for him to personally exercise these rights, they may be exercised by his legal representative, in which case it will be necessary to prove such condition.

▪ The rights may also be exercised through a voluntary representative, expressly designated for the exercise of the right. In that case, the identity of the represented must be clearly accredited, by providing a copy of their National Identity Document or equivalent document, and the representation conferred by it.

The general conditions for the exercise of rights are:

Rights are independent rights, so that the exercise of any of them cannot be understood as a prerequisite for the exercise of another.
The exercise by the affected party of their rights will be free of charge.

The exercise of the rights must be carried out by means of a communication addressed to the person responsible for the file, which will contain:

Name and surname of the interested party; photocopy of your national identity card, passport or other valid document identifying you and, where applicable, of the person representing you, or equivalent electronic instruments; as well as the document or electronic instrument accrediting such representation. The use of an electronic signature identifying the affected party will exempt from the presentation of photocopies of the DNI or equivalent document.

The previous paragraph shall be without prejudice to the specific regulations applicable to the verification of identity data by Public Administrations in administrative procedures.

Request in which the request is specified.
Address for the purposes of notifications, date and signature of the applicant.
Documents accrediting the request you make, if any.

Likewise, once informed of their rights, and in relation to the data provided, the client expressly accepts that:

Your data is used to send you information, training and marketing of our services, by conventional or electronic means that you may consider of interest within the services we provide.
In the event that the user provides personal contact details of third parties -such as, for example, the user’s workers-, the user undertakes to communicate this clause to the holders of said data, informing them, prior to such communication to the Owner of the Website of all the aspects included in it, especially the existence of the file, the purposes of the treatment and the possibility of exercising rights. In case of not being communicated, the user undertakes to leave the Owner of the Website harmless, for any damage, prejudice, expense or sanction of any jurisdictional order that could bring cause of the lack of communication of this clause to the owners of the data provided by the user.
We will proceed to the cancellation of the data collected when they are no longer necessary or relevant for the purpose for which they were collected, or when you as a user, request it in accordance with your right of cancellation.
If the data collected are used for a different purpose for which they were collected or collected, the express and prior consent of the interested parties will be required.

The Owner of the Website expressly informs that all the necessary technical and organizational measures have been adopted at our disposal to guarantee the security and integrity of the data, as well as to avoid its alteration, loss, treatment or unauthorized access.

The data requested by the Owner of the Website are mandatory. The refusal to provide the requested data will imply the non-provision or the impossibility of accessing the service for which they were requested.

You may at any time exercise your rights to protect personal data by contacting the Owner of the Website, whose contact details appear at the beginning of the legal notice.

11 GENERAL

The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of this Legal Notice. Likewise, the Owner may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way in which this Legal Notice appears or through any type of communication addressed to Users.

The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.

The Owner may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the User to demand any compensation. After such termination, the prohibitions on the use of the contents set out above in this Legal Notice will remain in force.

In the event that any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or non-application will not affect the remaining provisions of this Legal Notice.

The non-exercise or execution by the Owner of any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless acknowledged and agreed in writing by him.

12 APPLICABLE LAW AND COMPETENT JURISDICTION

This Website is governed by the legislation in force in Spain.

For any dispute that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by current legislation, both the Owner and the Users, expressly submit to the jurisdiction of the Courts and Tribunals of Barcelona, waiving their own jurisdiction if any.