I. General contracting conditions

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1.1 These general contracting conditions, together with the particular conditions that may be established, will expressly regulate the relations arising between the Hotel Font de la Canya located at Cami d'Avinyo 12, 08793 Avinyonet del Penedès and with CIF B-10844983, (hereinafter Font de la Canya) and third parties (hereinafter “Users”) who use the internet portal www.hotelfontdelacanya.com (hereinafter the “Portal”), as well as with third parties that contract the products offered through it.

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Font de la Canya reserves, at all times, the right to modify unilaterally, without prior notice, and at any time the presentation and configuration of the Portal.

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1.2 These General Conditions have been drawn up in accordance with the provisions of Law 7/1998 on General Conditions of recruitment, Royal Decree 1906/1999 which regulates telephone or electronic recruitment with general conditions in development of the article 5.3 of Law 7/1998, General Law 26/1984 for the Defense of Consumers and Users, Law 7/1996 on the Organization of Retail Trade, Royal Decree Law 14/1999 regulating Electronic Signatures and all applicable legal provisions.
 

1.3 By using the Font de la Canya Portal, you acquire the status of User. Both the visit and the use and/or the acquisition of any of the products of the Portal, imply acceptance as a User, without reservations of any kind, to each and every one of the General Conditions, as well as, where applicable, to the Particular Conditions which, if applicable, govern the acquisition.
 

1.4 Font de la Canya may, at any time and without prior notice, modify these General Conditions, by publishing these modifications on the Portal so that they can be known by Users always before visiting the Portal or acquiring any goods offered on the Portal.

II. Products offered. Purchase system

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2.1 The products offered on the Portal, together with their characteristics and prices will appear on the screen. Likewise, the shipping costs to the user's home of the products will appear on the screen, which will always be borne by the buyer. These products will be available for sale while supplies last. The prices indicated on the screen are in euros and do not include VAT and any other tax that may be applicable and are current, except for typographical errors.

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The offers will be duly indicated on the screen. Font de la Canya reserves the right to decide, at any time, the products contained and offered to Users through the Portal. In this way, Font de la Canya may at any time add new products to those included in the Portal, with the understanding, unless otherwise provided, that these new products will be governed by the provisions of the General Conditions in force at that time . Likewise, Font de la Canya reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal.

2.2. For the acquisition of the products offered on the Portal, Font de la Canya will ask Users to proceed to register, for this these Users, who must be over eighteen (18) years of age, must fill in the instructions that appear on the screen and that will require the following instructions to be executed:

- Complete completion of the electronic form that appears at any time on the Portal following the instructions indicated.

– Pressing the “Accept” button

– Reception in the User's email account of the "User Name" and "Password".

The username and password are personal and non-transferable. Font de la Canya may, with appropriate notice, make changes to the user's name and/or password, in which case the modified keys will lose their validity.

2.3 Once the User has registered, and to proceed with the purchase of Products, he must add the product he wants to the Shopping Basket, according to the instructions on the screen, filling out the order form provided for this purpose and sending -lo in Font de la Canya, which implies the reading and acceptance of all the present General Conditions, as well as, where appropriate, the existing Particular Conditions.

The purchase will be understood to be made at the address of Font de la Canya, located at Cami d'Avinyo 12, 08793 Avinyonet del Penedès.

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2.4 Once the purchase has been made and as soon as possible, always before thirty (30) days have passed since the execution of the purchase, the Customer Service Department of Font de la Canya will send the purchasing User to the address indicated on the form the corresponding invoice. The order confirmation sent by Font de la Canya will not be valid as an invoice, only as proof of purchase.

III. Method of payment, delivery and cancellation of orders

3.1 The payment of the price of the purchased goods and the shipping costs, which will appear on the screen, can be made by credit card. To proceed with the payment, the User must follow the instructions that appear on the screen, providing the following information:

- Card number.

- Expiry date.

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As an electronic payment system, Font de la Canya is attached to the Banco Sabadell electronic commerce payment gateway. All data provided for these purposes is encrypted under the SSL protocol (Secure Socket Layers) to guarantee maximum security.

3.2 Font de la Canya undertakes to deliver the goods purchased by the User, to the address of the buyer indicated for this purpose on the order form (products will not be delivered to PO boxes or post offices), in the shortest possible time and, in any case, always before thirty (30) calendar days from the date of formulation of the order. Shipping costs for purchased items will be paid by the Buyer.

3.3 The User-Buyer will have a period of seven (7) business days, according to the official calendar of his place of residence, to resolve the sale without incurring any penalty or any expense, including the expenses corresponding to the return of the well The period of seven days established in the previous paragraph will be calculated from the receipt by the buyer of the purchased goods.

However, if the buyer had become aware of the right of withdrawal after the date of receipt of the purchased goods, the period of seven days will begin to count from the date on which he had become aware of his right to return, in charge, the goods purchased. In any case, it will be understood that the buyer has known the right of withdrawal, since entering the Portal, which requires the reading and acceptance of these General Conditions, and in any case from the moment the order is placed.

Orders must be returned to the address of Font de la Canya, located at Cami d'Avinyo 12, 08793 Avinyonet del Penedès

When the right of termination is exercised by the buyer, Font de la Canya will return the amounts received by credit, without any retention, immediately and never within a period of more than thirty days. However, the right of resolution (withdrawal) is excluded in those cases where, due to the nature of the content of the services, it is impossible to carry it out, without prejudice to the claim for damages suffered.

IV. Personal data protection policy

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4.1 For the purposes of Organic Law 15/1999, of December 13, on the Protection of Personal Data, Font de la Canya informs the User of the existence of an automated personal data file created with the data obtained on the Portal by and for Font de la Canya, and under its responsibility, for the purposes of information and marketing of the products offered on the Portal, as well as the performance of promotional and advertising activities that may be of your interest, to expand and improve our products by adapting our offers to your preferences or needs and to allow personalized navigation.

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4.2 The user expressly accepts the inclusion of the data requested while browsing the Portal, or provided by filling in any form, as well as the derivatives of the commercial relationship and/or delivery of the purchased products, in the automated data file of personal character referred to in the first section. During the data collection process, the User will be informed of the mandatory or non-obligatory nature of the collection of such data for the delivery of the Products, except for placing orders in this case Font de la Canya informs from this moment to the User that it will not be considered voluntary, so it will be necessary to include it for the formalization of the purchase order, provide the data relating to the identity, address and credit card number to make the payment, as these data are necessary for the formalization and conclusion of the sale.

 

4.3 The User may exercise, with respect to the data collected in the manner provided for in the previous section, the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and opposition, if applicable, as well as the revocation of consent for the transfer of your data. The rights referred to in the previous paragraph may be exercised by the User, through a written and signed request addressed to the following address: Masia La blayeta SLU. Dept. Customer Service, Josep Rovira street 27 08770 Sant Sadurní d'Anoia (Barcelona), or by sending an email to the address info@hotelfontdelacanya.com

4.4 By accepting these conditions, the User expressly consents to the transfer or communication of the data included in the file referred to in section 4.1, to the companies of the Font de la Canya group, whether or not they are located in Spanish territory, and including in the latter case to companies that may be subject to a non-protection regime that is not comparable to that provided by Spanish law, and with the purpose that these companies may process their personal data to send you offers and advertising messages.

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4.5 Font de la Canya undertakes, in the use of the data included in the file, to respect its confidentiality and to use it in accordance with the purpose of the file, as well as to comply with its obligation to save it and adopt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 994 /1999, of July 11.

V. Intellectual and industrial property. Prohibition of hyperlinks

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5.1 All the content shown on the Portal and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, brands, industrial drawings or any other signs susceptible of industrial and commercial use are subject to copyright intellectual and industrial property of Font de la Canya or third party owners who have duly authorized their inclusion on the Portal.

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5.2 In no case will it be understood that any license is granted or that the aforementioned rights are waived, transferred, transferred or transferred in whole or in part, nor is any right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication on these contents without the prior express authorization of Font de la Canya or the corresponding holders.

5.3 No link may be established to www.hotelfontdelacanya.com from any other website without the prior and express consent of Font de la Canya.

VI. Responsibility of Font de la Canya

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6.1 Masia La Blayeta SLU will only be responsible for the damages that the User may suffer as a result of the use of the Portal when these damages are attributable to a malicious action on the part of the same. The User acknowledges and accepts that the use of the Portal, as well as the acquisition of the products, is carried out at their entire risk and responsibility.

6.2 Masia La Blayeta SLU. is not responsible for the damages that could be derived from, with a merely enunciative and non-limiting character.

– Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the Users' computer devices and equipment, motivated by causes beyond Font de la Canya's control, which prevent or delay the performance of orders or navigation through the portal;

- Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems;

– That may be caused by third parties through illegitimate intrusions beyond the Portal's control and that are not attributable to Font de la Canya;

– The discrepancies in the information, documentation and/or other content of the Portal that could exist between the electronic version and the printed version;

– The impossibility of providing the Service or allowing access for reasons not attributable to Font de la Canya due to the User, third parties, or cases of force majeure.

6.3 Font de la Canya does not control, in general, the use that Users make of the Service.

In particular, Font de la Canya does not guarantee under any circumstances that Users will use the Service in accordance with the law, these General Conditions, generally accepted morals and good customs and public order, nor that they will do so diligently and prudently .

VII. Obligations of the user

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7.1 In general, the User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the Portal and to always act in accordance with the law, good customs and requirements in good faith, using the diligence appropriate to the nature of the service you enjoy, refraining from using the Portal in any way that could prevent, damage or impair its normal operation, the assets or rights of Font de la Canya, its suppliers, other users or in general of any third party.

7.2 Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the Portal, as well as in the acquisition of Products in:

– In case of registration, the User undertakes to truthfully provide the data provided and to keep it updated.

- Do not introduce, store or disseminate in or from the Portal, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence to discrimination on the basis of race, sex, ideology, religion or that in any way careful against the form, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, the regulations in force.

– Do not introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Portal, to any of the Services , or in any of the equipment, systems or networks of Font de la Canya, of any User, of the suppliers of Font de la Canya or in general of any third party, or that in any other way is capable of causing any type of alteration or preventing - its normal operation.

- To adequately guard the user name and password, as identifying and enabling elements for access to the purchase of products, committing not to cede their use or to allow access to them from third parties, assuming responsibility for damages that may arise from their improper use. Likewise, the user undertakes to notify Font de la Canya, as quickly as possible, of the loss or theft as well as any risk of access to the username and/or password by a third party.

 

- Not to carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to send advertising, send messages for the purpose of direct sales or for any other commercial purpose, nor to collect or store personal data from third parties.
 

– Do not use false identities, or impersonate others when using the Portal or when using or acquiring any of the products, including the use if this is the case of passwords or access keys of third parties or of any other form

 

- Do not destroy, alter, render useless or damage the data, information, programs or electronic documents of Font de la Canya, its suppliers or third parties.

 

– Do not introduce, store or disseminate through the Portal any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content that you do not, in accordance with the law, have the right to post available to third parties.

VIII. communications

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For the purposes of these General Conditions, and for any communication required between Font de la Canya and the User, they must contact the Customer Service by email (sending a message to info@hotelfontdelacanya. com) or by written communication addressed to the Customer Service Department of Masia La Blayeta SLU, 27 Josep Rovira Street, 08770 Sant Sadurní (Barcelona). The communications from Font de la Canya to the User will be made in accordance with the data provided by the latter when registering on the Portal.

IX. Applicable legislation. Arbitration

9.1 This contract is governed by Spanish legislation, which is applicable to what is not provided for in this contract in matters of interpretation, validity and execution.

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9.2 In the event that any type of discrepancy or claim occurs between the parties in relation to the compliance or content of these General Conditions, the parties will negotiate in good faith to try to resolve this discrepancy or claim within the maximum term of a (1) month counted from the date on which either of them formally notifies the other that the discrepancy has arisen or notifies the claim.

 

In the event that the discrepancy or claim is not resolved within the maximum period indicated, the parties, with express waiver of any forum that may correspond to them, submit the decision of the matter raised to the Institutional Arbitration of the Spanish Association of Technological Arbitration (ARBITEC), which is entrusted with the administration of arbitration and the appointment of arbitrators in accordance with the Regulations and the Statutes.

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Likewise, the parties oblige themselves to accept and comply with the decision contained in the arbitration award that is issued. If the arbitration is not reached by mutual agreement or is declared void, both parties submit to the courts and tribunals of Madrid, expressly waiving their own jurisdiction, if this is another.