General conditions of Contract
I. General conditions of contract
1.1 These general conditions of contract, together with the particular conditions that may be established, expressly govern the relationships arising between COCOPE, S. Coop., of registered address Camino de los Llanillos, s/n, Peñafiel, Valladolid, Spain and Spanish tax identity number (CIF) F-47007018 (hereinafter “COCOPE”) and third parties (hereinafter “Users”), who use the www.pinnafidelis.com website (hereinafter the “Website”), and third parties who buy products offered on that Website.
1.1 COCOPE reserves the right at all times to unilaterally modify, without prior notice and at any time, the layout and configuration of the Website.
1.2 These General Conditions have been drawn up in compliance with Law 7/1998 on General Conditions for contracts, Royal Decree 1906/1999 which regulates telephone or electronic contracting, which contains general conditions regulated by article 5.3 of Law 7/1998, Law 26/1984, the General Law for the Defence of Consumers and Users, Law 7/1996 on Regulation of Retail Sales, Royal Decree-Law 14/1999 which regulates Electronic Signatures, and all other legal provisions that are applicable.
1.3 By using the COCOPE Website, you acquire the status of User. The visit to the Website and the use and/or acquisition of any of its products signify acceptance as User, without any class of reservations, of all the General Conditions and, when applicable, the Particular Conditions that may govern the acquisition.
1.4 COCOPE can, at any time and without prior notice, modify these General Conditions, by publishing the modifications on the Website for them to be known by Users always before visiting the Website or acquiring any goods offered on the Website.
II. Products offered. Purchasing system
2.1 The products offered on the Website, together with their characteristics and prices, will appear on screen.
Likewise, the costs of delivering the products to the User’s home will appear on screen and will always be paid for by the User. Products will be available for purchase while stocks last. Prices given on screen are in euros and include VAT and any other applicable tax in force, typographical errors excepted.
Offers will be duly indicated on screen. COCOPE reserves the right to decide, at any time, which products will be included and offered to Users through the Website. Thus, COCOPE will be able, at any time, to add new products to those included on the Website, and it is understood that those new products will be governed by the General Conditions in force at the time.
Likewise, COCOPE reserves the right to deny access, at any time and without prior notice, to any of the products offered on the Website.
2.2. In order to acquire the products offered on the Website, COCOPE will ask Users to register, to which end Users must be at least eighteen (18) years old and follow the on-screen instructions given below:
- Completely fill out the electronic form that appears on the Website by following the instructions on it.
- Click on the button provided to accept.
- Receive a “User name” and “Password” at the email address provided by the User.
The User Name and Password are personal and non-transferable. COCOPE can, with due prior notice, make modifications to the user name and/or password, in which case the modified items will no longer be valid.
2.3 Once registered, in order to proceed with Product purchasing the User must add the product they want to the Shopping Basket, according to the on-screen indications, and fill out the order form provided for them to send to COCOPE, which will assume that these General Conditions and any other applicable specific Conditions have been read and accepted. The purchase is understood to have been made at the registered address of COCOPE, at Camino de Llanillos s/n, 47300 Peñafiel, Valladolid, Spain.
2.4 Once the purchase has been made, the corresponding invoice will be sent by the COCOPE Customer Service Department to the address provided by the User in the shortest possible time and always within thirty (30) days of the purchase being made. The order confirmation sent by COCOPE will only serve as proof of purchase and will not be a valid invoice.
III. Method of payment, delivery and return of goods
3.1 Payment for the purchased goods and delivery costs, which will appear on screen, can be made by credit card.
In order to make payment, the User must follow the on-screen instructions and provide the following information:
- Card Number.
- Expiry Date.
COCOPE is a member of the CAJA ESPAÑA-DUERO e-commerce payment platform. All data provided for payment purposes are Secure Socket Layers (SSL) encrypted in order to guarantee maximum security.
3.2 COCOPE is obliged to deliver the goods purchased by the User to the address provided by them for this purpose on the order form (products cannot be delivered to Post Office boxes or public calling centres), in the shortest possible time and, in all events, within thirty (30) natural days from the date of making the order. The delivery costs of purchased items will be met by the User.
3.3. The User will have seven (7) working days, according to the official calendar of their place of residence, to accept the purchase without incurring any penalty or cost, including the cost of returning the goods.
The period of seven days established above will begin on receipt of the purchased good by the User.
However, if the User becomes aware of the right to return after the date of receipt of the purchased goods, the seven-day period will begin from the date when they became aware of their right to return the purchased goods. In all events, the buyer is understood to have known of the right to return from entering the Website as this demands that they read these General Conditions and, in all events, from the moment when they made the order.
Returned orders must be sent to the address for COCOPE at Camino de los Llanillos s/n 47300 Peñafiel, Valladolid, Spain. When the User exercises the right to return, COCOPE will reimburse the amounts paid, with no retentions. This will be done immediately or always within thirty days. Notwithstanding the foregoing, the right to return (waiver) is excluded in those cases in which the nature of the contents of the service provided makes it impossible to carry out, without prejudice to claims for damages suffered.
IV. Personal data protection
4.1 For the purposes of what is provided for by Organic Law 15/1999, of 13th December on Personal Data Protection, COCOPE informs the User of the existence of an automatic personal data file created using data from the Website used for and by COCOPE, and under COCOPE’s responsibility, for the purposes of publicising and commercialising the products offered on the Website, as well as for other promotional and publicity activities that may be of interest to the company in order to improve our products and tailor our offers to the Users’ preferences or needs and personalize their visit to the Website.
4.2 The User expressly accepts the inclusion of data collected during their visit to the Website, or provided by filling out any forms or those derived from the commercial relationship and/or the delivery of purchased products, in the automatic personal data file referred to in the above point. During the data collection process, the User will be informed whether the collection of the data is compulsory or not for Product delivery, except during order taking, in which case COCOPE hereby informs the User that it is not optional, and data comprising identity, address and card number must be included in order for the purchase to be completed, as these data are required for formally concluding the sale.
4.3 The User can exercise their rights as recognised in Organic Law 15/1999 with regards to the data collected in the form envisaged in the previous point, and in particular the rights to access, rectification or cancellation of the data and, if applicable, opposition, or revocation of their consent for data provision.
The rights referred to in the previous paragraph can be exercised by the User by means of signed, written application sent to the following address: COCOPE, S. Coop., Dpto. Atención al Cliente, Camino de los Llanillos s/n, 47300 Peñafiel (Valladolid), Spain, or by sending an email to clientes@pinnafidelis.com.
4.4 By accepting these conditions, the User expressly consents to yielding or communicating the data included in the file referred to in point 4.1 to companies in the COCOPE group, whether these are located in Spain or not, and even as a last resort to companies who may be subject to a regime of non-protection which is not comparable to that provided for by Spanish law, so that these companies can process the personal data in order to provide them with publicity and offers.
4.5 COCOPE agrees, when using data included in the file, to respect confidentiality and use them in accordance with the purposes of the file, and to fulfil their obligation to store them and adopt all measures to avoid alteration, loss, or unauthorised processing or access, in compliance with the Regulations on Security Measures for automated files containing personal data, approved by Royal Decree 994/1999 of 11th July.
V. Intellectual and industrial property. Prohibition of hyperlinks
5.1 All contents shown on the Website, in particular designs, texts, graphics, logos, icons, buttons, software, trading names, trademarks, industrial drawings or any other signs liable to industrial and commercial use are subject to the industrial and intellectual copyright of COCOPE or the third parties who own them and have duly authorised their use on the Website.
5.2 Under no circumstances will it be understood that any licence has been granted, waived, transferred or yielded either totally or partially with regards to those rights, nor is any right conferred, particularly for alteration, exploitation, reproduction, distribution or public communication of the contents without express prior authorisation from COCOPE or the corresponding copyright holders.
5.3 No links may be set up to www.pinnafidelis.com from any other website without the express prior consent of COCOPE.
VI. Obligations of COCOPE .
6.1 COCOPE, S. Coop., is only liable for damage that the User may suffer as a result of using the Website when that damage can be attributed to a malicious act of the Website. The User recognises and accepts that using the Website and acquiring products are done entirely at their own risk and under their own responsibility.
6.2 COCOPE is not liable for any damage that may be derived from the following, which are given for the purposes of illustration and is not an exhaustive list:
- Interferences, omissions, interruptions, software viruses, faults and/or disconnections in the operational functioning of this electronic system or in the User’s IT equipment or appliances, stemming from causes beyond COCOPE’s control, which stop or delay orders being carried out on the visit to the Website;
- Delays or blocks on usage caused by deficiencies or overloads on the Internet or other electronic systems;
- That may be caused by third parties by means of illicit interference that are beyond the control of the Website and that cannot be attributed to COCOPE;
- Differences in the information, documentation and/or other contents of the Website that may exist between the electronic and the printed versions;
- From the impossibility to provide service or allow access due to causes that cannot be attributed to COCOPE, due to the User, third parties or cases of force majeure.
6.3 COCOPE does not monitor, in general, the use that Users make of the service.
In particular, COCOPE does not guarantee, under any circumstances, that Users use the service in compliance with the law, these General Conditions, moral norms and generally accepted good behaviour and public order, nor that they do so diligently and prudently.
VII. Obligations of the User
7.1 In general terms, the User is obliged to comply with these General Conditions, and also with the special warnings or instructions for use given here or on the Website, and to act at all times within the law, the norms of good behaviour and the demands of good faith, by employing diligence suited to the nature of the service they are using and by abstaining from using the Website in any way that could impede, damage or deteriorate normal operation of the Website, the goods and rights of COCOPE, its suppliers, other Users or any third party.
7.2 Specifically, and without restriction to any obligation assumed by the User by conforming generally to the above point, the User is obliged, when using the Website or when acquiring Products, to:
- Provide true information when registering and to keep their details updated.
- Not to introduce, store or spread either on or from the Website, any information or material that is defamatory, slanderous, obscene, threatening, xenophobic, or that incites violence or discrimination on the grounds of race, sex, ideology or religion or that in any way is an attack on morals, public order, fundamental rights, public freedoms, the honour, privacy or image of third parties and, in general, current legislation.
- Not to introduce, store or spread by means of the Website, any computer software, data, virus, code, hardware or telecommunications or any other electronic or physical instrument or device that is liable to cause damage to the Website, to any of the Services, or to any of the equipment, systems or networks of COCOPE, any User or the suppliers to COCOPE, or in general of any third party, or that in any way could cause them to be altered in some way, or stop them from working or operating normally.
- Keep their user name and password suitably safe as identifiers and keys for access and product purchases, agreeing not to allow third parties to use them, assuming all responsibility for any damage or harm that could be derived from their improper use. Likewise, the User agrees to inform COCOPE as soon as possible if they are lost or stolen and also of any other risk of access to their user name and/or password by third parties.
- Not to carry out any publicity, promotional or commercial exploitation activities by means of the Website, by not using the contents and, in particular, the information obtained from the Website, to send out publicity, send messages for direct sales purposes or for any other commercial purpose, or to collect or store the personal data of third parties.
- Not to use false identities or steal the identities of others when using the Website or when using or acquiring any of the Products, including the use of passwords or access keys of third parties or by any other means.
- Not to destroy, alter, disable or damage the data, information, programs or electronic documents of COCOPE, their suppliers or third parties.
- Not to introduce, store or spread by means of the Website any contents that infringe industrial or intellectual copyright, third-party industrial secrets, or in general any contents for which they do not possess, by law, the right to make available to third parties.
VIII. Communications
For the purposes of these General Conditions, and for any communication that is required between the User and COCOPE, the User must contact Customer Services by email, (sending a message to clientes@pinnafidelis.com) or in writing to Departamento de Atención al Cliente de COCOPE, S. COOP. Camino de los Llanillos s/n, 47300 Peñafiel (Valladolid), Spain.
Communication between COCOPE and the user will be made by using the data provided by the User when registering on the Website.
IX. Applicable legislation. Arbitration
9.1 This contract is governed by Spanish law, which will be applied for this contact in matters of interpretation, validity and execution.
9.2 If there is any discrepancy or complaint between the parties regarding compliance with or the contents of these General Conditions, the parties will negotiate in good faith in an attempt to resolve the discrepancy or complaint within one (1) month of the date on which either party formally notifies the other party that a discrepancy has arisen or a complaint is lodged.
Should the discrepancy or complaint not be resolved within the stated maximum period, there is express waiver of any jurisdiction that could correspond to the parties and the matter will be decided by the Spanish arbitration service ARBITEC (Asociación Española de Arbitraje Tecnológico), which will be entrusted to undertake arbitration and designate arbiters according to its Regulations and Statutes.
Likewise, the parties are obliged to accept and comply with the Arbiter’s decision. If arbitration is not undertaken due to mutual agreement or is declared null and void, both parties will be subject to the decisions of the Courts of Valladolid, Spain, with express waiver of their own jurisdiction, if different from said Courts.
X. Language
These General Conditions have been drawn up in Spanish. In case of discrepancies between the Spanish text version of these General Conditions and any translation, the Spanish version shall prevail.