SPECIAL CONDITIONS OF CONTRACT
The present Particular Conditions of Contracting, from now on "CPC" present in our web, regulate the terms and conditions of access and use of www.beneoliva.es, (see detail in Legal Notice) from now on, BENEOLIVA, that the User of the Portal must read and accept to use all the services and information that are provided from the portal.
In any case, the user declares that he/she is of legal age, has full capacity to act, knows how to read and understands perfectly all the clauses included in these general conditions of use. In the event that the User is a minor, he/she may not use the Portal without the prior consent of his/her parents or guardians.
The User, as well as BENEOLIVA, may be jointly referred to as the Parties or each one separately as the Party. The mere access and/or use of the Portal, of all or part of its contents and/or services means the full acceptance of these CPC. The provision and use of the Portal is understood to be subject to strict compliance with the terms contained herein.
The following CPC apply to the use of this web site and describe the legal responsibilities between BENEOLIVA and the User. By placing an order in our online store, you confirm that you have read, understood and accepted these T&Cs. The present CPC have been written and exposed with the due anticipation, in accordance with the current legislation.
www.beneoliva.es is an e-commerce website owned by:
Company name: BENEOLIVA S.COOP., (Hereinafter, BENEOLIVA).
Address: C/ ALQUIBLA, 6, 03390, BENEJÚZAR, ALICANTE.
Telephone number: (+34) 965 35 62 25
The Parties agree that the following terms have the meaning indicated below:
The Portal: The web page located at the following Internet address: www.beneoliva.es, as well as any subdomain or extension thereof.
User: Person who accesses the Portal and/or uses the services or accessible information.
3. INFORMATION AND SERVICES
The Portal offers access to the information of products and/or services as is, and does not provide any equipment, material or service to access them. For the correct access and use of certain information and services the User will not have to download any program on their equipment.
The Portal does not intervene in the creation of those contents and/or services provided or supplied by third parties in and/or through the Portal, nor does it control their legality. In any case, it does not offer any kind of guarantee on them. The User acknowledges that the Portal is not, nor will be responsible for the contents and/or services provided or supplied by third parties in and/or through the Portal. The User accepts that the Portal will not assume any responsibility for any damages or prejudices produced as a consequence of the use of this information or services of third parties.
There are certain contents, data, information and services that, in order to access them, the User must pay a fee. In these cases, the Portal will inform the User beforehand.
5. OBLIGATIONS OF THE USER
The User must respect at all times the terms and conditions set forth in these CPC. The User expressly declares that he/she will use the Portal in a diligent manner and assumes any liability that may arise from non-compliance with the rules.
The User undertakes not to use the information and services offered from the Portal for making decisions with economic implications since he/she knows that such information and services are not updated and may contain inaccuracies or errors. Likewise, in those cases where data or information is requested, the User agrees not to misrepresent his identity by impersonating any other person. The User accepts that the use of the Portal will be made for strictly personal, private and particular purposes. The User may not use the Portal for activities contrary to the Law, morality and public order, as well as for prohibited purposes or that violate or harm the rights of third parties. Likewise, the dissemination, storage and/or management of data or contents that infringe the rights of third parties or any regulations governing intellectual or industrial property rights is prohibited.
The User shall not use the Portal to carry out acts that support, incite or promote;
1. Illegal or criminal acts, denigratory, defamatory, discriminatory on grounds of sex, race, religion, beliefs.
2. Acts that are violent, pornographic, degrading, and/or in any way contrary to morals and good customs.
Likewise, the User may not use the Portal to transmit, store, disseminate, promote or distribute data or contents that are carriers of viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any computer or telecommunications program or equipment.
The User shall not use the Portal to send advertising not authorized by the addressee.
The User agrees to indemnify and hold harmless the Portal for any damages, damages, penalties, fines, penalties or compensation that the Portal has to face, as well as, including the fees of lawyers and / or attorneys, or any third party, arising from breach of these Terms and Conditions by the User.
8. AVAILABILITY OF THE INFORMATION AND SERVICES OF THE PORTAL
The Portal does not guarantee the continuous and permanent availability of the products and/or services, being thus exonerated from any responsibility for possible damages caused as a consequence of the lack of availability of the service due to force majeure or errors in the telematic networks of data transfer, beyond its control, or due to disconnections caused by works of improvement or maintenance of the equipment and computer systems. In these cases, the Portal will make its best efforts to give 24 hours notice prior to the interruption. The Portal will not be responsible for the interruption, suspension or termination of the information or services. Likewise, it shall not be liable for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality caused by technical problems, communications or human omissions, caused by third parties or not attributable to the Portal. Nor shall it be liable for damages caused by computer attacks or caused by viruses affecting computer programs, communications systems or equipment used by the Portal, but manufactured or provided by a third party. The Portal may, at its sole discretion, deny, withdraw, suspend and/or block at any time and without prior notice, access to information and services to those Users who do not comply with these rules.
9. RESPONSIBILITY OF THE PORTAL
The User knows and accepts that the Portal does not grant any guarantee of any nature, either express or implicit, on the data, contents, information and services that are incorporated and offered from the Portal.
Except in those cases where the Law expressly imposes the contrary, and exclusively to the extent and extent to which it imposes it, the Portal does not guarantee or assume any responsibility with respect to possible damages caused by the use and utilization of the information, data and services of the Portal.
In any case, the Portal excludes any liability for damages that may be due to information, products and / or services provided or supplied by third parties other than the Company. All liability shall be that of the third party whether it is a supplier, collaborator or other.
10. DETAILS OF THE OFFER. COVERAGE, INFORMATION AND WARRANTIES.
In order to place an order through the Website, the User must be of legal age (18 years or older) and must be the End User. Minors are expressly excluded.
All the contents of the web site www.beneoliva.es are the exclusive property of BENEOLIVA, including, without limitation, reproductions of the articles, graphic design, logos, images, texts, illustrations, photographs, brands and other distinctive signs, in any of the programming languages used or usable, as well as all the software of operation and development of the web site. The reproduction, distribution, communication to the public, making available to the public, transformation, transfer and any other act or modality of exploitation, in any online or offline format that has not been authorized by the holder of the exploitation rights, are expressly prohibited.
The delivery time varies depending on the product, and is indicated in the description of each of our cards. As we work with products from all over the world, BENEOLIVA cannot be held responsible for delays caused by transport companies or complications in production. However, BENEOLIVA will provide all kinds of information in a timely manner, related to delivery times and possible delays. Likewise, there is a possibility of variations in the delivery days during the summer season or the temporary rest of the factories, typical of the holidays, which will be informed in the process of the order or in the subsequent confirmation of the status.
COVERAGE OF THE OFFER
The products and/or services offered are distributed worldwide, with the exception of countries that do not appear in the selection list in the shopping cart.
INFORMATION AND DATA
BENEOLIVA reserves the right to modify the contents, products or services commercialized from the web site, as well as the commercial offers presented at any time.
BENEOLIVA makes every effort within its means to offer the information contained in the website in a truthful way and without typographical errors. In the case that at any moment there was an error of this kind, beyond the control of BENEOLIVA, we would proceed immediately to correct it. If there is a typographical error in any of the displayed prices and a User has made a purchase decision based on this error, BENEOLIVA will inform the User about this error and he/she will have the right to cancel the purchase without any cost on his/her part.
BENEOLIVA is not responsible neither directly nor indirectly for any of the information, contents, statements and expressions contained in the products and/or services marketed by BENEOLIVA. Such responsibility falls at all times on the manufacturers, producers or distributors of such products. The User understands that BENEOLIVA is a mere intermediary between him and such manufacturer or distributor.
Each product is accompanied by the following data:
Name of the article.
Images of the article.
Description of the article.
Price (including VAT)
Product customization (characteristics, nutritional value, flavors, color, sizes, etc).
BENEOLIVA has made an effort to show the colors/shapes/textures of the products as close to reality as possible. However, the color of the products that appear on screen may be subject to variations depending on the quality of the monitor and/or screen of the device where it is viewed. In this sense, BENEOLIVA cannot guarantee that the colors that appear on your monitor/screen are true to reality.
Special offers, promotions or discounts will be valid until the date indicated or until the end of stock. As a general rule, discounts will not be cumulative with other promotions unless otherwise indicated during the purchase process.
By means of the present, we facilitate to him of summarized form, in that consists the process of purchase within our Website.
1- The items you wish to purchase must be selected and added to the shopping cart by clicking on the corresponding button "Add to cart".
2- The shopping cart will contain the reference of the selected item, its name, photograph, unit price, quantity and price (taxes included, not including shipping or assembly or handling). In the shopping cart the User will have to indicate where the product has to be sent and choose the shipping method. The shipping costs (and in the case that they exist of assembly) will depend on the place selected for its delivery.
4- Once completed the purchase order, and before the shipment of the order will be presented a summary identifying the item/s purchased, its total price (including taxes) and shipping information. The transport of the same one, will be able to appear or not in the summary of the order. In both options BENEOLIVA will inform about it during the purchase process. The order must be confirmed by clicking on the button "Buy", which will be enabled once the general conditions of sale have been accepted.
5- The payment methods for the purchases will be by credit or debit card, PayPal or bank transfer to the account indicated in the order confirmation email.
In order to identify the owner of the order, it is very important that in the SENDER or ORDERING PARTY field you indicate your name, or the name of the person or entity making the payment by bank transfer.
In the "SUBJECT" you must indicate the order number assigned by the Website.
Other forms of payment will not be accepted. For payments by credit or debit card, the charge will be made online, that is to say, in real time, through the secure payment gateway once it has been verified that the data communicated are correct.
6- Once the transaction is confirmed, the order number will be communicated through the web page itself.
7- Likewise, an e-mail message will be sent, with a description of the order and the personal data that have been communicated. The non-receipt of this message may be due to a transitory problem of communications in the network or to a typing error in the e-mail address communicated. In both cases, it is advisable to contact BENEOLIVA.
8- Promotions and Offers: The products that are in Promotion or Under Discount will be exempt from the "Free Shipping" for deliveries outside Spain.
The free shipping, as well as discounts and promotions will not be applicable to financed products.
All product orders are subject to product availability and, in this regard, if there are difficulties in supply, or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
REFUSAL TO PROCESS AN ORDER
BENEOLIVA reserves the right to withdraw any product and/or service from this web site at any time and/or to remove or modify any material or content of the same. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the order confirmation.
We will not be liable to you or to any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website.
CURRENCY AND TAXES
The prices on this website are shown in Euros. The User will always know the price and characteristics of the items offered prior to their acquisition, these being detailed and determined on this website. Prices in Euros include 21% VAT.
FORM OF PAYMENT AND SECURITY
In order to give the maximum security to the payment system, BENEOLIVA uses the secure payment gateway Verified by VISA, Mastercard Securecode and PayPal. In this sense, the confidential payment data are transmitted directly and in encrypted form (SSL) to the corresponding financial institution or managed directly in the secure PayPal portal.
For payment with Visa and MasterCard, BENEOLIVA only accepts CES (Secure Electronic Commerce) transactions with the international 3D Secure protocol. The Secure Electronic Commerce is an initiative whose basic principle is to guarantee the security in the transactions by Internet. When making the payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. It will then connect to the issuing bank, which will ask you to authorize the transaction by means of a personal authentication code. The transaction will only take place if the bank issuing the credit card confirms the authentication code. Otherwise, the transaction will be rejected.
METHOD OF SHIPMENT AND DELIVERY OF THE PRODUCT
In case the User chooses the transport and delivery at street level, the transport of the purchased articles will be carried out through the transport service contracted by BENEOLIVA and detailed in the purchase process or in a link in the Website. The estimated delivery time is the one indicated at the moment of purchasing the product. In order to avoid incidents in the delivery (wrong addresses, impossibility to find someone at home, etc.), it is essential to fill in the corresponding form and also to fill in the box related to the contact telephone number.
Shipping costs depend on the destination and will be indicated before the moment of purchase. Transport is free (with delivery at street level) in Spain Peninsula for purchases over 100 €.
Transport costs will be quoted in the purchase process, as well as free transport for some European countries excluding islands or territories of difficult access. In this case, the order would be subject to a personalized quote including the best transport quotation, which would be sent to the User for approval. If it is not accepted, BENEOLIVA would proceed to the full refund of the amount paid and cancellation of the order immediately.
Shipping costs in Promotions and Offers: The products that are in Promotion or under Discount will be exempt of the "Free Shipping" for deliveries outside Spain.
If we do not have stock, the maximum waiting period is 30 days from the confirmation of the order.
BENEOLIVA will make all the efforts, so that the deliveries are carried out correctly. In case of not being able to be carried out due to access difficulties, the User will be responsible for both the outward and the return. They must notify any detail to facilitate the delivery.
Prices do not include assembly for items that require it.
The material is delivered fully packed and protected inside its box. If for any reason you order the unpacking of it before its final destination, any damage caused will be out of our responsibility. The delivery times shown in the web are approximate and will be detailed during the communications between BENEOLIVA and the User.
The delivery will be made by means of the availability of the product by BENEOLIVA or by a third party on behalf of BENEOLIVA at the address indicated by the User in the purchase form, unless the User chooses a different method of Home Delivery. The User assumes the risks of deterioration, impairment, damage and loss of the products from the moment the products have been placed at his disposal in accordance with this clause. In case that the products present damages due to the transport, the User shall indicate the anomalies in the delivery note of the carrier, as well as the graphic proof by means of photo or video will be obligatory. In this case, BENEOLIVA will initiate a process of analysis and investigation of the traceability of the product from its origin to its destination, in order to clarify the causes, and if appropriate, repair or replace the defective products in the shortest possible time. The lack of observations by the User at the time of delivery is equivalent to his full conformity with the products received.
In general, unless expressly provided otherwise, all products are guaranteed against manufacturing defects for a period of one (1) year in accordance with the Law. To claim the warranty is required the presentation of the purchase invoice, which will be included in the shipment of your order. The warranty does not cover displacements, nor defects caused by blows, scratches, improper use or normal wear and tear of the materials.
USER'S RIGHTS. CANCELLATION AND RETURN POLICY
BENEOLIVA does not guarantee to the Users the availability or the delivery time of the products offered through the web site, except for the products in which a specific guarantee or availability is expressly mentioned (products in stock).
BENEOLIVA guarantees to its Users the possibility of cancelling their order from stock at any time and without any cost as long as the cancellation is communicated before the order has been prepared and made available to the carrier for its shipment, with the exception of articles requested under order.
The User shall have a period of 14 calendar days from the date of delivery of the order to terminate the contract and return the purchased product. The date of the delivery receipt will serve for the purpose of calculating the period of 14 calendar days referred to in this clause. The User shall communicate to BENEOLIVA within the stipulated term and by any means admitted by law, his desire to exercise the right to terminate the contract. The returned order must be delivered together with the delivery note and invoice issued to BENEOLIVA at the address shown in the Website or through the link in the Legal Notice.
Returns of those products that present breaks due to causes of the transport will be admitted, for it the User will have to state it in the checkbook of the own carrier at the moment of the reception, if he notices that the article could be damaged (crystal) or the packing was deteriorated.
The shipping and collection costs in case of return (provided it is not a manufacturing defect) shall be borne by the User.
The User will be able to return any item purchased in the online store of BENEOLIVA as long as they are products in stock (delivery 2-4 days) and the products have not been opened or used and keep their original seal or packaging.
BENEOLIVA will refund the User the amount paid minus the corresponding transport costs within a maximum period of 30 working days after receipt of the product in our warehouse, provided that the product was received by BENEOLIVA in the conditions set out in the preceding paragraph. In the event that the returned products have any damage, the User shall compensate BENEOLIVA the amount corresponding to such damage, deducting BENEOLIVA this amount from the amount to be reimbursed to the User as a result of the return. The reimbursement of the amount of the purchase will take place through the means of payment by which the User had made the same. In cases where the payment was made by bank transfer, the refund will be made to the account indicated by the User.
IMPORTANT: By exception, the right of withdrawal shall not apply in the following cases: In the case of products such as customized products or treatments, which have been expressly made at the request of the User (composition, size, color, etc.) and when they are orders requested by order.
If a product different from the one requested by the User is delivered by mistake of BENEOLIVA, it will be withdrawn and the correct product will be delivered without any additional charge for the User. For any incidence related to the return of articles of our Website you can contact with the Department of Attention to the User via e-mail: email@example.com (from Monday to Friday working days from 9 to 17h.)
OBLIGATIONS OF THE USER
The User of BENEOLIVA undertakes at all times to provide truthful information about the data requested in the forms of user registration or order placement, and to keep them updated at all times.
The User accepts these general conditions contained in this contract.
The applicable regulations require that part of the information or communications that we send you be in writing. By using this web site, the User accepts that most of the communications with BENEOLIVA will be electronic. For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that we send electronically comply with the legal requirements of being in writing. This condition shall not affect your rights recognized by law.
BENEOLIVA shall provide the User with an identifier and a password (as the case may be, chosen by the User). The User undertakes to keep confidential and with the maximum diligence his personal passwords.
The notifications that you send us should be sent exclusively through our contact form or by e-mail: firstname.lastname@example.org.
It will be understood that the notifications have been received and have been correctly made at the same time that they are posted on our website, 24 hours after an email has been sent. To prove that the notification has been made, it will be sufficient to prove that the e-mail was sent to the e-mail address specified by the recipient.
EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control ("Force Majeure Event").
"Force Majeure Causes" shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, health epidemic or pandemic or any other natural disaster.
Impossibility of the use of trains, ships, aircraft, motor transport or other means of transport, public or private.
Impossibility of using public or private telecommunications systems.
Acts, decrees, legislation, regulations or restrictions of other governments.
Strike, failure or accidents of maritime or river transport, postal or any other type of transport.
Our performance obligation under any Contract shall be deemed to be suspended for the period during which the "Force Majeure Event" continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable efforts to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations under the Contract despite the Force Majeure Event.
RETENTION AND ARCHIVING OF TRANSACTIONS
The archiving of the transactions made is carried out on a reliable and durable support and with all the RGPD security measures on the server of BENEOLIVA.
On BENEOLIVA you can make purchases 365 days a year, 24 hours a day, as long as the technical means allow it. BENEOLIVA is thus exonerated from any responsibility for possible damages caused as a consequence of the lack of availability of the Website. In these cases, BENEOLIVA will make its best efforts to give 24 hours notice before the interruption of https://beneoliva.es shall not be liable for the interruption, suspension or termination of the online store service.
APPLICABLE LAW AND COMPETENT JURISDICTION
The present CPC, are subject to the Spanish legislation, therefore, the sales operations will be understood to be carried out in the fiscal domicile of BENEOLIVA. In case of any conflict or discrepancy, the competent jurisdiction shall be the one established by the Spanish legislation in its law of consumers and users.
Nullity and ineffectiveness of the clauses: If any clause included in the present CPC were declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective, subsisting the present general conditions in all the rest, considering such provision totally or partially as not included.
COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send us such comments and suggestions through our contact form.
GENERAL CONDITIONS OF CONTRACTING
1.1. The following General Conditions of Contract (hereinafter, "GTC") govern the obligations and rights related to BENEOLIVA by the User. Both may also be referred to as "Party" or "Parties".
1.2. The products/services of BENEOLIVA consist, among others, in the commercialization and distribution of all kinds of products and services related to the Oil and Oil Derivatives sector.
1.3. The present GTC are not intended to provide services other than those expressly agreed in the Particular Conditions, and are of a strictly commercial nature, nor those generally regulated by them.
2. MOMENT OF CONTRACTING THE PRODUCTS/SERVICES. FORM OF ACCEPTANCE. LANGUAGE OF THE CONTRACTING.
2.1. The product/service shall be contracted by the User either by means of a request/form, which the User shall send to BENEOLIVA, or by means of a telephone request, through the commercial network, in the offices of attention to the User or through this web. The obligations for the parties shall commence from the moment in which, regardless of the means of contracting chosen, the corresponding request is answered by BENEOLIVA by e-mail, in writing or by telephone through recording.
2.2. The processing of the request for the acquisition of products/services shall require the previous registration, following for this purpose, the instructions indicated in each case. The User undertakes to provide real, exact and updated information at all times and to follow the rules on custody of the passwords, if any, that may be provided.
2.3. Exceptionally to the previous contracting method, the Parties may contract the product/service by telephone. Without prejudice to the fulfillment of the obligations foreseen in the legislation in force regarding the sending of contractual documentation accrediting the concluded contracting, BENEOLIVA shall only be obliged to comply with its obligations from the moment in which the User expressly gives his/her consent to the contractual proposal made to him/her.
2.4. In the case of products/services that imply a provision of intangible content, the consent given by the User implies his waiver of the exercise of the right of withdrawal, in accordance with the provisions of art. 108.4.b) of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007, November 16).
2.5. The language used in these GTC and the Products shall be Spanish, without prejudice to the particularities that may exist in the event of contracting products/services in another official language of the Spanish State.
3. CONDITIONS OF USE OF THE PRODUCTS. RIGHTS AND OBLIGATIONS OF THE USER.
3.1. By accepting the GTC and the Particular Conditions, the User acquires the right to use the products/services or to receive the service provided by BENEOLIVA which has been the object of the contract, in accordance with what has been expressly agreed.
3.2. The right of use acquired by the User shall be personal and may not be transferred to any third party, unless previously and expressly approved (in writing) by BENEOLIVA. For these purposes, "third party" means any natural or legal person other than the User. However, access to the product/service may be granted to the natural persons working on behalf of the User or providing commercial services on its behalf within its premises and provided that access to the same is necessary and essential to comply with its current obligations with the User.
3.3. If the right of use of the product/service involves an installation of the same in the User's computer systems, or a cloud hosting contracted at the User's risk, it is the sole responsibility of the User to complete, develop, contract and proceed with all the technical aspects necessary to be able to access the same contracted.
In the case of a product/service of BENEOLIVA, whose main utility lies in the possibility for the User to be able to host in the "cloud" certain information of his/her property or over which he/she has some kind of right of use, the User authorizes BENEOLIVA to locate such "cloud" in the systems of a specific Internet service provider.
3.5. Notwithstanding the above, the User undertakes with BENEOLIVA to the following:
a) To pay the agreed economic consideration in the terms indicated in these GTC and in the Particular Conditions.
b) In the case of products/services whose use implies the hosting of data, content and/or information of the User or controlled by the User, not to use or execute in the computer environment in question any harmful computer programs intended to cause damage or to access communications of third parties or, in general, contents of any kind whose mere reproduction, distribution, dissemination or public communication could constitute a civil or criminal offence, or be offensive, denigratory or harmful to the privacy, honor or image of third parties.
c) Not to exploit or reuse for his/her own benefit or for the benefit of others any type of content, information or data that has been provided by BENEOLIVA during the performance of the contractual relationship created, whose industrial or intellectual property rights, or simple property rights, belong to BENEOLIVA or on which BENEOLIVA has any kind of right of use or exploitation. To these effects, the mere fact of allowing a third party the visualization or access to the content, information or data, as indicated, shall imply a breach of the provisions of this paragraph.
d) To respect the industrial and intellectual property rights, or others that could exist, on the contents, information or data of the products/services, which belong to BENEOLIVA or to third parties.
e) To comply with any other obligations established in these GTC or in the Particular Conditions.
4. DURATION OF THE CONTRACT. RENEWAL.
4.1. In case it exists, the duration of the contract concluded with the User, and consequently, of the obligations and rights of each one of the Parties, shall be the one specified in the Particular Conditions. In any case, the initially agreed contract period shall be automatically extended, as a general rule for periods of twelve months, if at the expiration date, the User does not express its intention not to renew the agreed service.
4.2. Notwithstanding such duration, the contract in question may be terminated early in the cases and under the conditions set forth in Clause 10 hereof.
4.3. The termination of the contract for any reason whatsoever shall not imply the extinction of any actions or rights in favor of the Parties to claim from each other or from third parties what is due as a consequence of the breach of obligations pending payment or any other obligations arising from the contract or from the law.
4.4. Once the contract has been terminated for whatever reason, and provided that it is a successive contract, the User shall immediately cease the use of the product/service, committing himself to take the necessary steps, in good faith and within a reasonable time, to avoid the continued use of resources or goods of BENEOLIVA to whose use he would have been entitled according to the concluded contract. In case of manifest inaction of the User or his lack of collaboration in the execution of the above, BENEOLIVA reserves the right to interrupt the enjoyment of the same.
4.5. In the event that the product/service purchased has a digital and tangible nature and at the same time a mixed product, in the event of renewal of the product/service, the part accessible online shall be kept updated until the new edition is published. If, on the other hand, you do not wish to renew it, the online part will be available until the new edition is published, regardless of the date of contracting. In the event that the product/service purchased is not of a renewable nature or there are no periodical editions, the part accessible online shall be maintained only for a period of 1 (one) year from the date of contracting the product/service.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
5.1. All the services/products, as well as the contents, information and data provided together with them and on the occasion of the fulfillment of its obligations by BENEOLIVA are protected as an intellectual creation or work. Their use or exploitation by means of an exploitation right of reproduction, distribution, public communication, transformation, exploitation or remuneration, can only be made under the protection of a license or authorization granted by BENEOLIVA, as legitimate owner of the intellectual property rights over such contents, information and data. Each of the aforementioned rights shall have the meaning provided in the applicable Intellectual Property Law, to which the Parties refer and which they declare to be aware of.
5.2. By virtue of the above, BENEOLIVA only authorizes the User the non-exclusive use to reproduce in his own computer systems and to access (make available) the protected contents offered, in accordance with the following conditions:
a) Time: according to the duration of the services/products, and without prejudice to the provisions of clause 10 on early termination.
b) Territory: Spain.
c) Possibility of assigning the licensed rights to third parties: prohibited.
d) Other authorized rights: strictly those of reproduction and availability.
5.3. In the event that a product/service is not delivered in digital format, but in tangible support, the provisions of the previous section of this clause shall not apply, and the User may enjoy the protected content for strictly private and non-commercial use, in accordance with the provisions of these GTC and the Special Conditions.
5.4. Likewise, the products/services are marketed by BENEOLIVA under its registered trademarks. The User shall not use them outside the performance of the services agreed under these GTC and Special Conditions or for his/her own benefit or in conditions which are objectively suitable to create an association with the trademarks of BENEOLIVA or with its corporate image or in situations which may represent a risk of confusion with such trademarks. No provision of these GTC or of the Special Conditions shall be interpreted as meaning that BENEOLIVA has authorized the use of its trademarks to the User for any type of service or product of the User or of third parties, or in conditions that are not strictly in accordance with the performance of the services provided by BENEOLIVA.
6. DELIVERY OF THE SERVICE/PRODUCT.
6.1. In the event that a product/service is offered in physical format, i.e. not digital, BENEOLIVA undertakes to send it to the User, after verification of the corresponding payment, within a maximum period of 72 hours following the satisfactory completion of the order, in accordance with the provisions of clause 2 above, provided that the destination is the peninsula or the Canary Islands or Balearic Islands. In the rest of possible destinations, the delivery time will be between five and eight working days.
6.2. If the service/product, as indicated, is not finally available, the User will be informed immediately, being offered the possibility of terminating the contract with a refund of the price paid, or a substitute product, at its choice.
6.3. Deliveries will be made by courier service.
6.4. The User shall indicate the delivery address, being the User responsible for the consequences of providing an incorrect address or that at the moment of delivery of the product there is no person available to receive it. In any case, BENEOLIVA undertakes to make up to one (1) delivery attempt at the place indicated by the User, prior contact. In case of having to make several attempts, these would be at the expense of the User, depending on the costs of ordinary mail or courier. In the event that in spite of all the efforts made by BENEOLIVA, it could not be finally delivered, it will remain at the disposal of the User in the dependencies of the corresponding courier company for a period not exceeding 3 working days, having to pick it up directly from the same one in the conditions that this one communicates to him.
6.5. Deliveries of products/services by courier (see attached table), as indicated in this clause, will be made during normal working hours between 09:00h and 17:00h on weekdays from Monday to Friday, both included.
6.6. If the User finds any defect or damage in the product/service, or that it does not correspond with the one requested, he/she shall indicate it in the delivery note and contact the Customer Service telephone number indicated in the web within a maximum period of 48 hours from the reception of the goods.
6.7. BENEOLIVA declines any responsibility for the breach by the User of its obligations of collection and others indicated in this clause that, according to the good faith, are required so that BENEOLIVA can fulfill its obligation of delivery.
7. PRICE AND FORM OF PAYMENT.
The price of the products/services shall be the price agreed in the Special Conditions, which shall include the totality of the services to be provided by BENEOLIVA, as requested in such Special Conditions. If applicable, the shipping costs shall be specified, duly itemized, as pre-contractual information so that the User has effective knowledge of the total cost. In the case of renewals in the license of use of the products/services, the price may vary taking into account the updates of its content and the effective scope of the services provided by BENEOLIVA.
7.2. The price shall be applicable to the rate of indirect taxation corresponding to the agreed period, which may be increased, if applicable, as a consequence of modifications in the legal norm of reference.
7.3. The payment of the economic consideration payable by the User shall be made in accordance with the procedures established in the Particular Conditions. Payment may be made exclusively by bank card and Paypal, in accordance with the following indications:
a) In all cases, the payment instructions appearing on the screen must be followed, in the cases of telematic contracting or by electronic means.
7.4. The non-payment of the liquid, due and payable amounts by the User shall give rise to the judicial claim of the same by BENEOLIVA. The User is expressly informed that, in such cases, his personal data may be included in common credit information systems, as permitted by art. 20 of the LOPD 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights.
7.5. Except in cases of withdrawal, according to clause 9 of this document, in the event that the User acquires a service/product for the first time, if within the contracted period the User decides to terminate the contract early, the User will lose any amount previously paid.
7.6. Full payment of the price agreed in the Special Conditions shall be mandatory.
8. GUARANTEES. EXEMPTION FROM LIABILITY. FORCE MAJEURE AND FORTUITOUS EVENT.
8.1. BENEOLIVA guarantees that the contents to which the products/services refer are subject to constant updating and evolution, in order to adapt them to the demand made by its Users in general. However, given that it is possible that in some cases this objective may not be met, the User may always notify the fact in question, so that BENEOLIVA may proceed to remedy the possible defect observed.
8.2. BENEOLIVA reserves the right to interrupt the continued provision of a product / service, when this is required by an update of content or computer systems through which it is offered to the User.
BENEOLIVA makes every effort to ensure that the User has access to the products/services and can enjoy them. However, it cannot guarantee, and therefore, is not responsible for the User to have such access at all times, due to unforeseeable circumstances or that, even being foreseeable, do not allow the execution of the services due to circumstances beyond the control of BENEOLIVA or are unavoidable, such as natural disasters, failures in the electric supply or other provided by third parties that affect the normal provision of the Services, situations of national alarm, terrorist attacks, accidents, cybernetic attacks or judicial orders or issued by administrative authority. In all these cases, BENEOLIVA shall not be liable for the fulfillment of its obligations provided in these GTC and in the Particular Conditions, nor for the direct or indirect damages caused to the User as a consequence of those acts of force majeure or fortuitous event described or others of similar nature.
8.4. BENEOLIVA shall not be liable, consequently, for the User having the necessary technical means to access or enjoy the products/services, or the service of supply or access to Electricity, Gas, Internet, mobile telephony or fixed telephony which allow the User to access them.
8.5. BENEOLIVA makes the products/services available to the User at the latter's request and, therefore, shall not be responsible for, nor guarantee, that the services/products satisfy the User's expectations or specific needs, which shall be evaluated by the User himself and shall adopt the corresponding decision on his editorial needs.
9. ON THE WITHDRAWAL AND ITS NON-APPLICATION IN CASES OF DIGITAL PRODUCTS.
9.1. In the event of contracting a product/service of an electronic nature, the User shall have a period of 14 (fourteen) days for its return, exercising its right of withdrawal.
9.2. In the event that the User who has purchased a tangible product decides to exercise his right of withdrawal, he shall have a period of 14 (fourteen) calendar days after the User has received the product, to inform BENEOLIVA of his desire to withdraw and send him by ordinary procedures, the product received as long as it has not been opened or used and retains its original seal and packaging. In this case, BENEOLIVA, once verified the due delivery of the product, will return to the User by bank transfer the price paid within a maximum period of 30 days from the time of delivery of the product back, being entitled BENEOLIVA to retain the reimbursement made until it has received the same. The return costs shall be borne by BENEOLIVA.
10. TERMINATION OF THE SERVICES.
10.1. Without prejudice to the provisions of Clause 4 of these GTC, the parties may terminate the contractual relationship contracted and put an end to the same, freeing themselves from the respective corresponding obligations, in the event that any of them repeatedly fails to comply with any of the obligations to which they were subject, and without prejudice to the legal consequences of the termination for the defaulting party.
10.2. Likewise, the parties may terminate the contractual relationship contracted by mutual agreement.
11. PREVALENCE OF PARTICULAR CONDITIONS OVER THE GENERAL CONDITIONS.
11.1. The GTC and the Special Conditions shall regulate the legal relationship between the Parties.
11.2. In case of discrepancy or doubt, the Special Conditions of Contract (CPC) shall prevail over the General Conditions of Contract (GTC), unless expressly stated otherwise.
12.1. All notifications that the User wishes to send in application of this contract, should be sent to the addresses and email shown on the website and legal notice.
12.2. The notices shall be effective against the Party to which they are addressed from the time they have been received by that Party.
12.3. It is the obligation of each Party to notify the other Party of any change in the postal, email, telephone or fax addresses indicated at the beginning. If, after notification of the modification as set out above, the Party to which the modification is notified does not send a message acknowledging receipt, it shall be understood that it has been informed of the modification and shall be responsible for the consequences that may arise in relation to the execution of these GTC and the Particular Conditions.
13. MODIFICATION OF THESE GENERAL CONDITIONS.
The Users can access through the Portal to different types of information and services. The Portal reserves the right to modify, at any time and without prior notice, the presentation and configuration, information and services offered from the Portal. The User expressly acknowledges and accepts that at any time the Portal may interrupt, deactivate and/or cancel any of the information or services. The Portal will make its best efforts to try to guarantee the availability and accessibility of the Portal. However, sometimes, for reasons of maintenance, updating, change of location, etc., it may involve the interruption of access to the Portal.
13.1. These GTC may be modified. Therefore, the User, as well as anyone visiting the website. https://beneoliva.es/condicionesdecontratacion, is invited to regularly review the conditions applicable at any time.
13.2. Any modification will respect, in any case, the rights acquired by the User, according to a previous version of these GTC.
14. PROTECTION OF PERSONAL DATA.
The personal data provided in this document will be treated by this entity as Data Controller whose contact details are:
Company name: BENEOLIVA S.COOP., (hereinafter, BENEOLIVA).
Address: C/ ALQUIBLA, 6, 03390, BENEJÚZAR, ALICANTE.
Telephone number: (+34) 965 35 62 25
You can find more information in the link https://beneoliva.es/politicadeprivacidad
15.1. Both Parties shall keep confidential any information exchanged in connection with the execution of this Agreement, and undertake not to disclose it unless it becomes public knowledge or is required by a judicial or administrative authority in the exercise of its powers.
15.2. In particular, with regard to the custody of the passwords to access the services/products, the User undertakes not to disclose them to third parties, or any other person with whom he/she does not have work or commercial ties that require knowledge of such passwords, in accordance with the provisions of clause 3.2 of these GTC.
16. PROHIBITION OF CESSION OF THIS CONTRACT.
16.1. It is forbidden for the User to transfer to a third party his position in this contractual relationship or any of his obligations or rights, without the previous and express authorization of BENEOLIVA.
17. APPLICABLE LAW AND JURISDICTION.
17.1. The present contractual relationship shall be governed by the Spanish legislation.
17.2. Both parties submit themselves to the jurisdiction of the corresponding courts in accordance with the consumer legislation in order to solve the disputes and disagreements which may arise in the execution of this contractual relationship or in its interpretation.