1. Background Information
In accordance with the related provisions set forth in Act 34/2002, of 11 July, on the Information Society Services and Electronic Commerce, DISTFORM informs the website User, prior to the rendering of the service, of the procedures and obligations that must be carried out to successfully enter into the contract:
2. The User undertakes to enter the personal details and additional information necessary for the rendering of the service.
2. Identification of the Contractual Parties
These Terms and Conditions are executed by:
Party of the first part, DISTFORM, (hereinafter referred to as the “COMPANY”), with registered offices at El Polígono Industrial de Torrefarrera Cami les Comes s/n, Torrefarrera, Lleida (Spain), for notification purposes, with company tax ID [CIF] B25262726 registered in the LLEIDA Mercantile Register and owner of the domains mychef.distform.com and mychef.distform.com/en.
And party of the second part, the User, who uses the website, as well as the products, services, contents and/or tools offered through the same and whose identifying information is provided directly by him/her by entering his/her details in the various forms that COMPANY makes available to him/her to access, by payment or free of charge, the products, services, contents and/or tools offered through the website owned by COMPANY. The User is directly and exclusively liable for the authenticity of the data provided.
3. Purpose and Scope
The purpose of these Terms and Conditions, which govern the rendering of services, and/or any specific terms and conditions that may be established, is to regulate access and the system for acquiring the products, services, contents and tools provided by COMPANY to the User through its website. Thus, it provides the legal framework that develops the contractual relationship, either in exchange for a financial consideration or free of charge, where applicable, as set out in the specific terms and conditions of the products, services, contents and/or tools in the user licence agreements to which they are subject.
The products, services, contents and/or tools shall be those available to the User at the following website owned by COMPANY
Each of these products, services, contents and/or tools shall be, where applicable, subject to specific regulation through the specific contractual terms and conditions corresponding thereto, which shall be accessible through the aforementioned website. Similarly, the products, services, contents and/or tools which, when required by reason of their legal character, shall also be subject to the terms and conditions set forth in the corresponding User Licence Agreements.
The aforementioned specific terms and conditions and User Licence Agreements may be viewed, printed and stored by the User prior to the start of the contractual procedure.
4. Acceptance and Availability of the Website General Contractual Terms and Conditions and Terms and Conditions of Use
These Terms and Conditions, together with the specific terms and conditions that may be established, regulate the legal relationship resulting from the contractual processes executed by the User through the website of COMPANY. The User expressly agrees in full and without reservations to these stipulations in the version published by COMPANY at the time the User acquires the products, services, contents and/or tools in which said User is interested. Therefore, the User undertakes to thoroughly read the contractual terms and conditions each time he/she proceeds to acquire a product, service, content and/or tool, as said terms and conditions may have been subject to amendment since the last time they were viewed by the User.
These Terms and Conditions do not exclude the possibility that certain products, services, contents and/or tools offered through the website are subject to specific terms and conditions, in which case, these will be made available to the User.
By agreeing to these Terms and Conditions, the User states:
1. That he/she has the legal capacity to execute a contract.
2. That he/she has read and accepts these Terms and Conditions.
Prior to the start of the procedure to acquire products, services, contents and/or tools, the User shall have access at all times and in any case to the contractual terms and conditions, and can store and/or reproduce them in a durable medium. COMPANY provides the User with the email address: firstname.lastname@example.org for the purpose of answering any queries in relation to these Terms and Conditions, the specific terms and conditions or the User Licence Agreements.
5. Amendment to the Contractual Terms and Conditions and the Website Terms and Conditions of Use
COMPANY may amend these stipulations provided that there is just cause to do so. An amendment shall be deemed to have just cause when its purpose is, including but not limited to:
1. Extending the range or number of products and services made available to the User or improving those currently available.
2. Adapting the products and services subject to this contract to any progress that may be made due to the development of new information technologies.
3. Modifying, replacing or updating the prices of the products and services offered through the website.
COMPANY may also freely amend these stipulations when it deems appropriate by reason of its activities, provided that the User is adequately informed.
Access to the website of COMPANY is free of charge, notwithstanding the acquisition of certain products and services or, where applicable, contents and/or tools that the aforementioned company offers to the User subject to the prices stipulated in the specific terms and conditions corresponding to each of the same.
6. Conditions for Access to the Website and Use of the Products and Services
The User undertakes and guarantees to use the website in accordance with the provisions set forth herein, the provisions in the applicable regulations, as well as morality and good customs.
Accordingly, the User undertakes:
1. Not to use any of the products, services, contents and/or tools that COMPANY makes available to him/her for illegal means or purposes; for purposes expressly prohibited in the provisions or those with effects that may violate the rights, interests or goods of COMPANY or of third parties.
2. To refrain from carrying out any activity that may damage, overload, deteriorate or prevent the normal activity of the website of COMPANY, as well as to refrain from obtaining the contents provided on the website by illegal or fraudulent means, and from the theft or plagiarism of the same, in accordance with the provisions of the Penal Code and the applicable regulations.
3. Not to use the products, services, contents and/or tools illegally, or in a way that may undermine COMPANY
4. To refrain from modifying, copying, distributing, publishing, transferring and/or selling any information or image corresponding to the products, services, contents and/or tools, provided by COMPANY through its website.
In the event that the User causes damage to a third party through the use of any product, service, content and/or tool provided through the website, or through the misuse of the same, the User shall expressly relieve COMPANY of any liability attributed thereto and undertakes to hold COMPANY harmless.
To this end, the User shall be solely and exclusively liable for any consequences resulting from the above. Similarly, the User shall meet the expenses, costs and, where applicable, compensation arising from legal proceedings resulting from any breach of the provisions of these Terms and Conditions and the applicable regulations.
In order to guarantee the rights pursuant to these Terms and Conditions and in compliance with existing legislation, COMPANY may:
1. Proceed to supervise the service through its administrators, respecting the confidentiality of communications and the privacy of the User in all cases.
2. Temporarily interrupt the service, without notice, and at any time, for technical or legal reasons.
3. Amend the terms and conditions of the provision of the products, services, contents and/or tools, when considered advisable for technical reasons or due to the application of new legal provisions.
4. Modify the content of the products, services, contents and/or tools that constitute the contents of the website, without the need for prior notice, when it deems appropriate by reason of its activity. Similarly, COMPANY reserves the right to deny access to the products, services, contents and/or tools, without prior notice, to any User who contravenes the provisions of these Terms and Conditions.
5. Erase or remove from the various products, services, contents and/or tools offered through the website, any information that may be illegal or simply offensive.
6. Report to the competent bodies that act in the exercise of their powers, any allegedly unlawful behaviour, activity or data of which COMPANY is aware.
7. Obligations of the Contractual Parties
Obligations of COMPANY
COMPANY undertakes to comply with the following contractual obligations arising from the commercial relationship with the User resulting from the acquisition of products, services, contents and/or tools:
1. Provide with maximum guarantees to the User, and in good contractual faith, the products, services, contents and/or tools requested by said User in accordance with the provisions of these Terms and Conditions and, where applicable, those set forth in the User Licence Agreement.
2. Expressly notify the User of the existence of these Terms and Conditions prior to the start of the contractual procedure.
3. Notify the User specifically, clearly, precisely and unambiguously of the specific characteristics of the products, services, contents and/or tools requested, such as their price and any applicable taxes, prior to acquisition.
4. Provide the User with a copy of the text of the Terms and Conditions. Similarly, and for those products, services, contents and/or tools that so require, COMPANY shall provide the User with the specific terms and conditions, as well as the terms and conditions governing the User Licence Agreement of the same, prior to acquisition.
5. Give confirmation to the User regarding the effective completion of the transaction, except for products or services that are immediately executed, within 24 hours of the acceptance by the same of the contractual terms and conditions, and give confirmation to the User regarding the effective completion of the payment in the event the contractual conclusion of the product and/or service requires financial consideration.
6. Send the User proof of payment or an invoice for the products or services acquired from COMPANY, when financial consideration is required therefor.
7. Comply with the stipulations of the regulations regarding consumer and user rights as regards the return of products or services by the same, as specified in the sections related to the method and period of return as set forth herein.
Obligations of the User
For his/her part, the User undertakes to:
1. Comply in full with the provisions of these Terms and Conditions, and with those of the websites mychef.distform.com and mychef.distform.com/en, as regards the specific contractual terms and conditions for products, services, contents and/or tools provided by COMPANY.
2. Complete the registration forms prior to the start of the contractual procedure with current and truthful information if it is a prerequisite to be able to access any of the products, services, contents and/or tools of COMPANY.
3. Complete the access forms for the products and services that require financial consideration, using current and truthful information, given that said details are required for COMPANY to issue, where applicable, the invoice and to charge for the contracted products or services.
4. Use the contracted products or services in accordance with the provisions of the Terms and Conditions and the specific terms and conditions, and exclusively for the purposes set forth in the User Licence Agreement.
5. Correctly provide, in the case of acquiring products or services that require financial consideration, the bank details requested by COMPANY, and pay the price of the purchased products or services in accordance with the payment method and current rates published by COMPANY in the specific terms and conditions of each product or service at the time of acquisition.
6. Refrain from sending any messages that may, in some way, prevent or hinder the normal operations of the services offered by COMPANY. In any case, the User shall be solely and entirely liable for the content of the messages he/she writes or sends, as well as the details he/she provides.
8. Responsibilities of the Parties
Responsibility of COMPANY for the operation of the website.
COMPANY shall be solely liable for any damages suffered by the User as a result of accessing the website, from acquiring the products or services rendered, or from using the content and/or tools when said damages are attributable to wilful misconduct by COMPANY.
Furthermore, COMPANY shall not be liable for any damage caused to the User in the event of the inability to provide the service subject to these Terms and Conditions as a result of acts of God, force majeure or any other causes not attributable to COMPANY.
In addition, COMPANY shall not be liable for the inadequate operation of the website as a result of maintenance, incidents, malfunction of the terminal or insufficient bearing capacity of the systems necessary to use the service.
COMPANY shall take the necessary measures to ensure a quick response, but cannot be held liable for any delays due to telecommunication services, nor guarantee a specific period for delivering the products, services or, where applicable, the content and/or tools.
Responsibility of the User
The User shall be solely liable for the consequences resulting from providing details that are untrue, as well as providing details belonging to persons other than the User himself/herself.
In the event of a breach by the User of his/her contractual obligations, COMPANY may take the appropriate legal actions, and reserves the right to restrict access to the products, services, contents and/or tools.
9. Limitation of Liability
COMPANY strives to ensure that the information that appears on its website is correct and up-to-date. However, errors, omissions or modifications to information after its inclusion on the website cannot be ruled out. For this reason, the User shall not deem the information to be accurate, without first verifying said accuracy with COMPANY, and shall not rely on the information of third parties included on the website (information on applicable regulations, for example) for making decisions. None of the information and/or content of this website shall be deemed a declaration of truth or an indisputable fact. COMPANY cannot control how the User uses the information or content offered on its website and, therefore, shall not be held liable for the direct or indirect acts, actions or damages caused to the User or to third parties resulting from or connected to the use of said information or content.
The User shall relieve COMPANY of any liability that may result from interruptions to the availability of the acquisition of products, content and/or tools, and/or the rendering of services, caused by force majeure or reasons beyond the control of the latter. To that effect, interruptions beyond its control shall be understood as, including but not limited to, (i) the lack of adequate operation of the modem, (ii) the lack of adequate operation of the User’s computer system, (iii) the lack of adequate operation of the internet browser, (iv) the existence of a virus, (v) the lack of adequate operation of the electric and phone network, ISDN line and/or any other transport or telecommunication infrastructure used by the User.
10. Protection of Personal Data and e-Commerce
The User’s access to the website and acquisition of the products, services, and/or the content or tools through the website involves the processing of personal data. Compliance with the regulations on the protection of personal data and on information society services and electronic commerce is of the utmost importance to COMPANY.
Generally, persons who use the website do so without the need to provide any personal data. However, to access the products, services, contents and/or tools, in certain cases the User must provide specific personal data. COMPANY guarantees the confidentiality of personal data provided by the User, according to the provisions set forth in the regulations on the Protection of Personal Data and on Information Society Services and Electronic Commerce.
COMPANY complies with the current data protection legislation, and has undertaken the necessary administrative and technical procedures to guarantee the security of the personal data gathered.
In this regard, the User is informed and gives his/her consent to the inclusion of his/her data in the automated files owned by COMPANY, with registered offices at El Polígono Industrial de Torrefarrera Cami les Comes s/n, Lleida [Spain], for notification purposes, with company tax ID [CIF] B25262726 and holder of the domains distform.com, distform.com/NE and distform.com/FR. The User also gives his/her consent to the automated processing of his/her data, resulting from the query, request or acquisition of any service or product, or any transaction or operation made, for the purposes of accessing the information and services provided by COMPANY through its website and, where applicable, to maintain the contractual relationship, as well as to send offers or marketing or promotional communications.
Similarly, the User expressly consents to the transfer of his/her personal data to the COMPANY Representatives and/or Authorised Distributors, solely for the purposes established in the previous paragraph by the means and with the limitations set forth in the Spanish Law on the Protection of Personal Data.
The User hereby declares that all the data that he/she provides is true and correct, and undertakes to notify COMPANY of any changes thereto. The User has the right to object to the processing of any of his/her data that is not essential for entering into the contract and to the use thereof for any purposes other than to maintain his/her contractual relationship with COMPANY.
The data protection policy of COMPANY guarantees, in all cases, that the User can exercise his/her right to access, rectify, cancel and oppose his/her data, notifying COMPANY by sending an email to the email address email@example.com.
Similarly, and in accordance with the Information Society Services and Electronic Commerce Act 34/2002, COMPANY shall exclusively send offers or marketing and promotional communications by email, or by an equivalent means of electronic communication, to those Users who have expressly granted their consent and to those Users who have provided COMPANY with their email address during the process of requesting a quote or the acquisition process, to receive marketing communications related to the products or services of COMPANY similar to those initially subject to the acquisition or quote.
COMPANY hereby informs the User that he/she may cancel these kinds of communications by following the instructions that appear at the end of our emails or by sending a message via email to the email address firstname.lastname@example.org.
COMPANY shall not be held liable for the websites linked to its website and, thus, shall not be held liable for the content of said linked websites. Any risks derived from viewing such websites correspond solely to the User, who shall be governed by the terms, conditions and legal notices of the same, for which COMPANY is not liable.
13. Intellectual and Industrial Property
COMPANY holds the intellectual and industrial property rights over the elements comprising the design of the website, such as the brand, trade name and distinctive sign. The following in particular (but not exclusively), are protected by copyright: the logos, colour combinations, the selection and manner of presentation, website source code, menus, navigation buttons, HTML code, Java applets, text, images, graphics, and any other content on the website relating to products, services, contents and/or tools provided by COMPANY.
The User undertakes to respect the intellectual and industrial property rights of the website and the products, contents and/or tools; therefore, the User shall refrain from copying, reproducing, distributing, making available to the public or publicising the content of the website, without the express and written authorisation of COMPANY and always in compliance with the following conditions:
The content cannot be changed, except when the User has the prior authorisation of COMPANY. The content of the website may only be used for informative purposes, and its use for commercial purposes or for distribution, public communication, transformation or decompilation purposes is prohibited.
COMPANY reserves the right to revoke authorisation to use the content of its website, contents and/or tools at any time. In this case, all use shall be interrupted. COMPANY shall not be held liable for the information of third parties alongside which part of the content of its website has been added.
No image or graphic available on the website of COMPANY shall be used separately from the rest of the images accompanying the same, nor from the corresponding text, where applicable.
The content of the website of COMPANY may not be distributed or published together with information that promotes:
1. Pornography and/or prostitution.
2. Child exploitation.
5. Arms trafficking.
6. Any other illegal content
The names of the products that appear on this website may be registered trademarks of their respective companies.
14. Applicable Legislation and Jurisdiction
Applicable Law and Jurisdiction.
Should any questions of interpretation or litigation arise, Spanish legislation shall apply.
All notifications, requirements, requests and other communications that must be made by the parties in relation to these Terms and Conditions, shall be made in writing and sent by registered post or registered fax to the postal address of the other party or to their email address.
16. Severability of Clauses
If any clause included in these Terms and Conditions is declared totally or partially null or void, such nullity shall only affect said provision or the part of the same that is null or void, while the remaining provisions of the Terms and Conditions shall remain in effect.