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Legal Notice – Terms and conditions of use and privacy for the website www.shop.ceregumil.com in compliance with the provisions set forth in Act 34/2002, of 11 July, on Information Society Services and eCommerce, and other legislation in the area.
The website www.shop.ceregumil.com is an internet domain owned by FERNÁNDEZ Y CANIVELL, S.A., with Tax ID No. A-29001021, and whose business has its registered office at C/SEVERO OCHOA, 13, PTA, 29590 MÁLAGA, Spain, and is registered in the Malaga Companies Registry, Volume 1820, Book 733, General Companies Section, Folio 97, Sheet MA-24334, 1st entry.
The provisions of this legal notice are applicable to all websites owned by FERNÁNDEZ Y CANIVELL, S.A.
Please be aware that due to the lack of legislative harmonization between the European Union and other countries in the world, some of our products may be categorised as food supplements in some countries, and in others as medicinal plants and/or complements and medicines.
1.- Use of this website
These general terms and conditions regulate the operation of the website www.shop.ceregumil.com that FERNÁNDEZ Y CANIVELL, S.A. makes available to the user, whose main objective is to inform about our products and to sell them on-line, as well as the sending of commercial information by electronic means, if we have been given permission to this effect using the form designed for this purpose. The use of this website attributes the condition of user, and implies full acceptance by the user of all the terms and conditions of use of the website in force each time the user accesses it. Therefore, if the user it does not agree with any of the conditions established herein, they must not use this website.
Likewise, the user agrees not to use the site www.shop.ceregumil.com, and the information published in the same, for illicit purposes, contrary to the contents of these general terms and conditions, damaging to the rights or interests of third parties, or in any way that may damage, disable, overburden, or impair the website or information provided, or prevent the normal use or enjoyment of the website by other users.
The user must abstain from obtaining information, messages, graphics, drawings, sound and/or image files, photographs, software and, in general, any kind of material accessible through the website or services, using any means other than those that have been made available to him or her, or, in general, used habitually on the Internet.
2.- Right to modify the website, right to restrict access to the website and right to suspend the operation of the website
FERNÁNDEZ Y CANIVELL, S.A. reserves the right to modify at any time and without prior notice, the presentation or configuration of the website, as well as the information, services, the present terms and conditions of use of the website, or any other general or specific conditions, instructions or warnings applicable. These modifications shall be to improve services to the user, according to market trends. Likewise, FERNÁNDEZ Y CANIVELL, S.A. reserves the right to suspend, discontinue or cease to operate the website, or restrict access to it, in whole or in part, individually or collectively, temporarily or permanently, at any time.
3.- Navigation without cookies
4.- Access to and use of the website is free
The provision of the service of the website to the user is free of charge and does not require prior subscription or registration.
In any case, registration is only required when the user decides to contact us with a query or comment, or when he or she wants to receive commercial information by email (newsletters) or wants to create an account to purchase, or simply to register as a user.
FERNÁNDEZ Y CANIVELL, S.A. reserves the right to freely accept or reject the application for registration by the user. The data entered by the user in the Registration Form must be accurate, current and truthful at all times.
When the user is required to create user identification and passwords, the user agrees to safeguard the confidentiality of such identifying information and passwords, being solely responsible for any use made of the same and, therefore, for any damages caused to FERNÁNDEZ Y CANIVELL, S.A. as a result of their misuse or unauthorized use. The user undertakes, if necessary, to immediately notify FERNÁNDEZ Y CANIVELL, S.A. of any unauthorized use that they know or suspect of the user identification and passwords, or of any security attack, including theft, loss or unauthorized disclosure. The purpose of such notification is that FERNÁNDEZ Y CANIVELL, S.A. may proceed immediately to the blocking and replacement of the same. In any case, any operations carried out before such communication is made shall be deemed to be made by the user, who will be responsible for and pay any expenses and/or damages arising out of any unauthorized access and use that are carried out prior to such communication.
It is possible that the website may on occasion make available to the user technical linking items (links, banners or buttons), directories and search tools that allow users to access websites owned and/or managed by third parties. FERNÁNDEZ Y CANIVELL, S.A. does not offer or market for itself or through third parties the services available in the linked sites; nor does it control, supervise or approve the products, services, content, information, data, files and any other kind of material on these linked sites.
Therefore, FERNÁNDEZ Y CANIVELL, S.A. does not accept any liability with respect to the information found outside this website that is not managed by www.shop.ceregumil.com.
Any user that wants to establish a link, or practice any action on or in connection with the website shall require the prior approval of FERNÁNDEZ Y CANIVELL, S.A. Any other use, assignment to third parties, communication, disclosure of the contents, total or partial, public or private, is prohibited; FERNÁNDEZ Y CANIVELL, S.A. reserves the right to exercise the corresponding civil and criminal legal actions to require the fulfilment of this clause and to claim for damages.
In addition, FERNÁNDEZ Y CANIVELL, S.A. reserves the right to delete the links to any website if it has effective knowledge that the activities developed on said website or its contents are illegal or infringe the rights of third parties, or if required to do so by virtue of a judicial or administrative order.
6.- Intellectual and industrial property rights
The user acknowledges and accepts that all industrial and intellectual property rights over the contents and/or any other elements inserted in this website (including without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentations, “look-and-feel”, audio and video), belong to FERNÁNDEZ Y CANIVELL, S.A. and/or third parties. Therefore, they may not be partially or totally reproduced, distributed or communicated publicly in any way, nor modified, or stored, without the prior written authorization of FERNÁNDEZ Y CANIVELL, S.A. In no case does access to the website imply any kind of waiver, transmission, license or transfer of all or part of such rights, unless expressly stated otherwise.
7.- Exclusion of guarantees and liability
7.1.- For the functioning of the website
FERNÁNDEZ Y CANIVELL, S.A. does not guarantee the availability and continuity of the operation of the website and shall in no event be liable for any damages that may result from (i) lack of availability or accessibility to the website or those other sites with which it has established a link; (ii) interruption in the operation of the website or IT failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the phone lines, in the Internet system or in other electronic systems produced in the course of its functioning; (iii) the lack of suitability of the website for the specific needs of users and (iv) other damage that may be caused by third parties through unauthorised interference beyond the control of FERNÁNDEZ Y CANIVELL, S.A.
FERNÁNDEZ Y CANIVELL, S.A. does not guarantee the absence of viruses or other elements on the website introduced by third parties that may cause alterations in users’ physical or digital systems or in the electronic documents and files stored on their systems, and shall in no case be liable for any damages of any nature that may derive from the presence of viruses or other elements that may cause alterations in the physical or digital systems, electronic documents or files of users. FERNÁNDEZ Y CANIVELL, S.A. adopts various protective measures to protect the website and the contents against computer attacks by third parties. However, FERNÁNDEZ Y CANIVELL, S.A. does not guarantee that unauthorized third parties cannot have access to the type of use the user makes of the website or the conditions, characteristics and circumstances in which such use is made. As a result, FERNÁNDEZ Y CANIVELL, S.A. will not be liable for any damages that might result from such unauthorized access.
7.2.- For the use of the website
FERNÁNDEZ Y CANIVELL, S.A. will not be held responsible for any use that users and/or third parties may make of the website, nor for any damages that may result from the same.
7.3.- For the contents
The contents are the sole property of FERNÁNDEZ Y CANIVELL, S.A. and are made available in good faith and with the best standards of professional quality. Nevertheless, FERNÁNDEZ Y CANIVELL, S.A. accepts no liability for damages of any nature that may be caused due to the lack of truthfulness, accuracy, completeness and/or timeliness of the contents of the site www.shop.ceregumil.com.
8.- Partial nullity
The declaration of any of these general terms and conditions as null and void, invalid or ineffective will not affect the validity or effectiveness of the remaining terms and conditions, which will still be binding on the parties. The waiver by either of the parties to demand at any given time the fulfilment of any of the terms and conditions set forth herein shall not imply a general renunciation of compliance with another condition or conditions, nor create an acquired right for the other party.
9.- Applicable law and jurisdiction
The provision of the website service and these terms and conditions of use of the website are governed by Spanish law. For any discrepancy in the execution, interpretation or fulfilment of these conditions, or of the relationship between the user and FERNÁNDEZ Y CANIVELL, S.A., both parties expressly renounce any other jurisdiction that may correspond, and submit to the jurisdiction and competence of the Courts and Tribunals of Malaga.
10.- Policy for the protection of privacy and confidentiality of personal data freely and voluntarily provided by users
- Who is responsible for the processing of your data?
Entity: FERNÁNDEZ Y CANIVELL, S.A.
Tax ID No.: A29001021
Address: C/ SEVERO OCHOA, 13, PTA
Postcode: 29590 Málaga
Telephone: +34 952 33 85 00
- For what purpose do we process your personal data?
In general, the personal data you provide to us, and we collect from you, is used to process your requests and transactions, to provide a high quality service and to inform you of opportunities that we believe will be of interest to you.
- To provide you with information requested by you, including quotes for products and services. In this case, the legal basis for the processing of your data is your consent.
- To send you our newsletter with information, promotions, campaigns and news about products and services. In this case, the legal basis for the processing of your data is your consent.
- To register you as customer, process your transactions, manage the contractual relationship with you, give you access to the private client area, send you relevant information about products and services, invoicing, collections and payments, process transactions and payment methods and any communication about a service or related to your contract and transactions, manage loyalty programs, discounts and promotions and conduct surveys regarding your satisfaction or related to products marketed by FERNÁNDEZ Y CANIVELL, S.A. In this case, the legal basis for the processing of your data is the execution of the product sales contract.
- To store your data and contact you regarding staff recruitment processes, as well as managing your participation in the same. In this case, the legal basis for the processing of your data is your consent.
- If you give your consent, in order to send you commercial communications about our products and services, to send you our publications, opinion polls, advertising and promotional information, coupons, special offers (including customized offers), in accordance with your interests and on the basis of a profile developed by us, by telephone, post, email, SMS and MMS. In this case, the legal basis for the processing of your data is your consent.
- To ensure the security of our website and the information. In this case, the legal basis for the processing of your data is the legitimate interest in providing a secure environment and in preventing damage to FERNÁNDEZ Y CANIVELL, S.A.’s systems and the information of its users, as well as unauthorized access and misuse.
- How long will we retain your information?
Your personal data will be kept in our systems for the time needed to respond to your communication and an additional year to ensure appropriate customer service on the part of the entity.
- What is the legitimation for the processing of your data?
The legal basis for the processing is the consent of the person concerned or the existence of a legal relationship.
- To whom will your data be communicated?
Your data will not be transferred, sold, rented or made available in any other form to any third party, except to those service providers to FERNÁNDEZ Y CANIVELL, S.A. who perform certain activities for FERNÁNDEZ Y CANIVELL, S.A. (such as, for example, sending out the newsletter). In no case shall the data be processed for the purposes of these companies.
- What are your rights when you provide us with your data?
Any person has the right to obtain confirmation as to whether at FERNÁNDEZ Y CANIVELL, S.A. we are processing personal data that concerns them, or not. You have the right to access your personal data, as well as to request rectification of inaccurate data or, as the case may be, request deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, interested parties may request a limitation on the processing of their data, in which case we will only retain data for the exercise or defence of claims. Remember that you can submit a complaint to the controlling authority.
- How have we obtained your data?
The personal data that we process at FERNÁNDEZ Y CANIVELL, S.A. comes directly from the person concerned. These are not specially protected data.
FERNÁNDEZ Y CANIVELL, S.A. collects and processes the personal information that you voluntarily provide to us through your interaction with our website, in particular:
- when you request information about our products;
- when you subscribe to our newsletter;
- when you register as a registered user of our websites,
- when you purchase products from our website;
- when you send us your CV with a view to participating in staff recruitment processes.
These are not specially protected data.
You will only be obliged to provide the personal data that are necessary for FERNÁNDEZ Y CANIVELL, S.A. to provide the services or make available the functionalities of the website you have requested.
In the forms available on the website the fields whose completion is mandatory will be marked with an asterisk (*). If you do not provide all of the required data, or if we receive any abnormal or incorrect response, we will not be able to attend to your request or provide the corresponding service or functionality.
You guarantee and answer for, in any case, the truth, accuracy, validity and authenticity of the personal data provided, and undertake to keep them properly updated.
To browse the website you do not need to provide your personal data. However, when you visit our website, FERNÁNDEZ Y CANIVELL, S.A. collects the following information, automatically and through cookies and other tracking technologies, depending on the specific configuration of your browser: IP address, type and identification of the device, browser type and language, domain through which you accessed the website, navigation data, activity on the website. For more information, see the section “Cookies Policy“.
Cookies use policy
Cookies installed by this site can be session or persistent cookies, as well as own or third-party cookies. Session cookies are those that are automatically deleted when you close your browser, whereas persistent cookies can remain installed for a certain time. In turn, own cookies are those that are installed by FERNÁNDEZ Y CANIVELL, while third-party cookies are those installed by service providers engaged for this purpose.
Here are the different cookies used on this website:
Technical cookies are those essential to the functioning of the website, for example to manage authentication or maintenance of a session of a user registered on the website. The deactivation of these cookies may prevent the correct operation of some features of the page.
Analytical cookies collect statistics on user activity and use of the website. The information is collected to optimize navigation and to ensure the best user experience. They also allow the site to know the number of pages visited, the browser used, the frequency or recurrence of visits, the chosen language, among other things. The user can, at all times, exclude their activity through exclusion systems provided by the analytical tools or by configuring their browser.
Applications used for this information are:
|Google Analytics (utma, utmb, utmc, utmt and utmz)
|Google (PREF, NID)||https://policies.google.com/?hl=en-GB (1)|
|Purpose of cookie||Expiration|
|Google Analytics||Used to distinguish users. Measures audience.||Duration 2 years|
|SID||Google Maps||Stores identifiers and some settings such as zoom level of the maps.||10 minutes|
|SAPISID||Google Maps||Stores identifiers and some settings such as zoom level of the maps.||10 years duration after the last visit to the section containing the maps|
|APISID||Google Maps||Stores identifiers and some settings such as zoom level of the maps.||10 years duration after the last visit to the section containing the maps|
|SSID||Google Maps||Stores identifiers and some settings such as zoom level of the maps.||10 years duration after the last visit to the section containing the maps|
|HSID||Google Maps||Stores identifiers and some settings such as zoom level of the maps.||10 years duration after the last visit to the section containing the maps|
|NID||Google Maps||Stores identifiers and some settings such as zoom level of the maps.||10 years duration after the last visit to the section containing the maps|
|PREF||Google Maps||Stores identifiers and some settings such as zoom level of the maps.||10 years duration after the last visit to the section containing the maps|
Social network cookies
To enable the user to share content from the website on different social networks, specific buttons have been included. These buttons may mean that the linked social network will install cookies. They are not under the control of FERNÁNDEZ Y CANIVELL, and may have the purpose of managing the user login on the social network, maintaining that session, or showing the counter of how many times given content is shared on each social network. We recommend users regularly check the privacy and cookies policies of every social network and, if necessary, modify their privacy settings to limit the purpose of tracking that can be carried out, adjusting these parameters to their own interests.
|SOCIAL NETWORK COOKIES|
|SOCIAL NETWORK AND COOKIE NAME||PURPOSE / MORE INFORMATION|
|Facebook: reg_ext_ref, jsreg_fb_ref, jsreg_fb_gate||Like button|
It is also possible that when visiting a webpage, an advertisement or promotion of our products or services may be published. This involves installing a cookie in the browser that helps us to develop control over our adverts regarding, for example, the number of times they are seen, where they appear, what time they appear, etc.
It may be that some cookies used on this website are not related to the Company. This is because some webpages have inserted content from third-party websites. Because the referred content comes from another website, the Company does not control these cookie settings. If you want to change your preferred cookie settings, consult the websites of these third parties for information.
Users have the ability to configure their browser to be notified of the receipt of cookies and to prevent their installation on their computer. However, disabling them could modify the operation of the website. Please consult your browser’s instructions for further information.
The user can activate, depending on the browser used, any of the following options to limit the scope or operation of installed cookies:
– Private browsing, through which your browser ceases to save browsing history, website passwords, cookies and other information from pages you visit.
– No trace function, by which the browser requests the websites you visit not to track your browsing habits, for example, to present advertisements of interest on the sites you visit.
It may be that some cookies used on this website are not related to FERNÁNDEZ Y CANIVELL. This is because some website pages have inserted content from third-party websites (such as a YouTube video). Because the referred content comes from another site, FERNÁNDEZ Y CANIVELL does not control these cookie settings. If you want to change your preferred cookie settings, consult the websites of these third parties for information.
If you want more control over the installation of cookies, you can install programs or add-ons to your browser, known as “Do Not Track” tools, which will allow you to choose what cookies to allow.