Terms and Conditions

General Terms and Conditions with Customer Informatio

Legal information
Conditions for the use of content and services
Application for the awarding of a contract
Exclusion of warranty and liability
Links to third parties (outgoing links)
Links to the Website (inbound links)
Intellectual and industrial property
Privacy policy
General
Applicable law and jurisdiction
Information on online dispute resolution

1) Legal information

The terms and conditions set out in this legal notice govern the use of the website www.deliola.com (hereinafter "website"), which Björn Meyer (hereinafter "Deliola") makes available to users who access its website (hereinafter "users"), in order to provide them with information about its services and the possibility of using them.  

Deliola, with NIF number ESY2161522L, has its registered office at C/ Vall, 132, bajo, 07620 Llucmajor, Balearic Islands. If you wish to contact Deliola, you can use the postal address above, or send an email to info@deliola.com.  

The use of the website by users implies their acceptance of all the conditions contained in this legal notice.  

Users must read the legal notice on the Website carefully each time they wish to use it, as it is subject to change without notice.

 Some of the services accessible to users on the Website are subject to general contractual conditions, special conditions, regulations and instructions, which may replace, supplement and/or modify these Terms and Conditions and which must be accepted by users before the corresponding service is provided.  

By accessing the website, the user declares that he/she is of legal age under Spanish law and has the necessary legal capacity to be bound by the provisions of this legal notice. By accessing and/or using these services and contents, the user accepts the specific conditions in the version published by Deliola at the time of access and/or use.  

It is possible that, in the course of providing the services offered on the Website, the name of the domain under which these services are offered may change. Users are aware of this possibility and accept it. In this case, the obligations assumed by the Users and Deliola in accordance with the provisions of this document shall remain in full force and effect.

2) Conditions for the use of contents and services

Use of the Website and its Content is on a voluntary basis and at the User's own risk. Access to the Website is free of charge, except for the costs of connection via the telecommunications network, which are provided by the access provider appointed by the User.

  Users may only access the Content by means or procedures made available on the Website for this purpose or commonly used on the Internet for this purpose, provided that they do not involve any infringement of intellectual or industrial property rights or cause any type of damage to the Website and/or its information or services offered.

  Users undertake to use the contents and services in a diligent, legal, correct and lawful manner and, in particular, by way of example and without limitation, to refrain from doing the following:

a. use the contents and services in a way that causes or may cause effects and/or for purposes that are contrary to the law, morality and generally accepted good practice or public order;

b. Transmit or distribute information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any material that is obscene, abusive, vulgar or incites offence, disparaging, defamatory, libellous, violent or generally contrary to the law, generally accepted morals and good practice or public order;

c. reproduce, copy or distribute the Content or provide public access to it by any form of public communication, or transform or modify it, unless this has been authorised by the holder of the relevant rights or is permitted by law;

d. infringe intellectual or industrial property rights belonging to Deliolaor third parties;

e. use the Services and the Content in any manner that could damage or overburden the operation of the Website;

f. use the Services and the Content in a manner that could damage or overburden the operation of the Website; the User shall be liable for any damages of any kind suffered by Deliola, directly or indirectly, as a result of the failure to comply with the obligations arising from this Legal Notice or the law in relation to the use of the Website.

3) Request for order placement

The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, e-mail or online contact form. At this stage of the contract application, the provisions of Article 8 of this Legal Notice shall again apply with regard to the collection and processing of personal data by Deliola.

4) Exclusion of warranty and liability

Deliola reserves the right to interrupt access to the Website and the provision of any or all of the Content offered through it at any time and without notice, whether for technical, security, control or maintenance reasons, due to power failures or for any other legitimate reason.  Consequently, Deliola does not guarantee the reliability, availability or continuity of the Website or its content. Therefore, the use of the same by Users is at their own risk and Users shall not be held liable at any time for the interruption or lack of availability of their services. 

Deliola shall not be liable for interruptions, delays, errors, malfunctions and, more generally, any other inconvenience caused by causes beyond Deliola's control and/or by the intentional or negligent acts of Users and/or by force majeure. Without prejudice to the provisions of Article 1105 of the (Spanish) Civil Code, for the purposes of these General Terms and Conditions, the concept of force majeure shall also include any event beyond Deliola's control, such as: the failure of third parties, operators or service providers, government measures, lack of access to third party networks, acts or omissions by public authorities, other events caused by natural phenomena, power failures, etc., as well as attacks by hackers, crackers or other third parties on the security or integrity of the computer system. In any case, regardless of the cause, Deliola shall not be liable for any direct or indirect damage, consequential damage and/or loss of profit. 

Deliola excludes any liability for damages of any kind that may arise from the lack of truthfulness, accuracy, completeness and/or timeliness of the Content transmitted, distributed, stored, made available or received, obtained or accessed through the Website, or for Content provided or offered by third parties or companies. Deliola will endeavour to update and correct as far as possible any information contained on the Website which does not meet the minimum requirements for accuracy. However, it shall not be liable for any failure to update or correct or for the content and information contained therein.  Deliola accepts no responsibility for the content of the information contained on the website, nor for the opinions, comments, assessments or other statements contained therein that do not originate directly from Deliola. 

Deliola excludes any liability for damages of any kind that may be caused by the presence of viruses or other harmful elements in the content, which may alter computer systems and the documents or systems stored on them.  Deliola is not responsible for the content that the user sends to Deliola via the website, the email service or by any other means. Therefore, any liability arising from the content sent by users is attributable to them.  Deliola assumes no responsibility for the use by Users of the content of the Website or any other material contained on the Website that may constitute an infringement of national or international regulations, intellectual or industrial property rights or any other rights of third parties. Likewise, Deliola assumes no responsibility for any security errors that may occur due to the use of outdated versions of browsers, or for the consequences that may result from the malfunctioning of the browser, whether due to an inappropriate configuration, the presence of computer viruses or any other cause beyond Deliola's control.

5) Links to third parties (outbound links).

The website access service may include technical linking devices, directories and even search tools that allow users to access websites (hereinafter "linked websites"). In these cases, Deliola acts as a service provider pursuant to Article 17 of Spanish Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter "LSSI") and is responsible for the content and services provided on the Linked Sites only to the extent that it has actual knowledge of the illegality or damage to the property or rights of third parties and has not disabled the link with due diligence. If the User believes that there is a linked website with unlawful or inappropriate content, the User may notify Deliola at the contact address provided in the first section of this Legal Notice, indicating the following:
a. the name, address, telephone number and e-mail address of the sender;
b. a description of the facts disclosing the illegal or inappropriate nature of the linked website; and
c. an express statement that the information contained in the notice is accurate. 

This notification does not in any way imply an obligation to remove the relevant link, nor does it imply actual knowledge of the activities and/or content indicated by the notifying party, in accordance with the provisions of the LSSI.

The presence of linked sites in no way implies the existence of agreements with the operators or owners of these sites or that Deliola recommends, promotes or identifies with the statements, content or services.  

Deliola has no knowledge of the contents and services of the linked sites and therefore accepts no liability for any damage caused by the illegality, quality, non-updating, unavailability, error or unusability of the contents and/or services of the linked sites, or for any other damage not directly attributable to Deliola, except in the cases provided for in the aforementioned article 17 of the LSSI.

 If the User decides to visit and/or use any of the Linked Sites, he/she does so at his/her own risk and must take appropriate protective measures against viruses or other harmful elements.

6) Links to the Website (inbound links)

Third parties are not permitted to link to the Website from their own web pages without Deliola's express consent. Should a third party be authorised to use the link, such use shall be in accordance with the restrictions and purposes set out in the authorisation itself.  Deliola may, at any time and without giving reasons, request that a link to the Website be removed, whereupon the person responsible for the linking website must immediately remove the link.

7) Intellectual and industrial property

The entire content of the Website, including but not limited to texts, photographs, graphics, images, icons, technology, software, links, domains, trademarks and other audiovisual or audio content, as well as the graphic design and source codes, are the exclusive property of Deliola or third parties whose rights, if any, are recognised by Deliola, and are subject to intellectual and industrial property rights protected by national and international legislation. The use of elements subject to intellectual and industrial property rights for any purpose, in particular for commercial purposes, as well as their distribution, public disclosure, modification, transformation or decompilation is strictly prohibited, unless expressly authorised in writing by the holder of the rights. The infringement of any of the aforementioned rights may constitute a breach of these provisions as well as an act that constitutes a criminal offence within the meaning of Articles 270 et seq. of the Spanish Criminal Code.

8) Privacy Policy

Any personal information provided by users while using the Website will be treated in accordance with our Privacy Policy, which is described in the following section. Users must read and accept this Privacy Policy before providing any personal information to Deliola.

9) General

Any term or provision of this Legal Notice which is or becomes illegal, invalid or unenforceable shall be excluded from this Legal Notice and shall, to the extent of such illegality, invalidity or unenforceability, be deemed not to apply and shall be replaced by another term or provision as similar as possible to the previous one, but without affecting the remaining provisions which shall remain unaffected by any illegal, invalid or unenforceable term or provision and shall continue in full force and effect.  Deliola excludes any kind of guarantee and is therefore exempt from any liability arising from the above, as well as from any other aspect not covered by this document.

10) Applicable law and jurisdiction

11) Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
http://ec.europa.eu/consumers/odr.

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.