LEGAL NOTICE

Versión 1.0
Date: 22/12/2016

Thanks for visiting the online platform of Chocolates MARUJA. We recommend that you read this document carefully and that you leave if you do not accept them, since use of the Site www.maruja.es (hereinafter, the Website) implies the express and full acceptance of this Legal Notice in the version published when the USER accesses it.

1. IDENTIFICATION of the OWNER of the WEBSITE.

In compliance with the duty of information set out in article 10 of Law 34/2002, of 11 of July, regarding Information Society and Electronic Commerce Services, the following details identifying the owner of this Website are set out below:

1.1.  BORRÁS, S.L. DE PRODUCTOS ALIMENTICIOS (hereinafter, BORRAS), holder of TIC B11900602, whose registered address is at Paseo de la Marina Española, 20-22, Ceuta (Spain), whose postcode is 51001, telephone number 956 52 52 55 and email address info@maruja.es, is the owner of the Website located at the domain name www.maruja.es. It is registered at Companies House of Ceuta, Page CE 561, Volume 58, Folio 97. Moreover, as a manufacturer of ersatz chocolate, its Health Registry number is 25.00363/ CE and is supervised by AECOSAN (Spanish Consumption, Food Safety and Nutrition Agency).

1.2. The person who accesses this Website (hereinafter, the USER), affirms that he/she has legal capacity to do so.

2. PURPOSE.

2.1. By accessing this Website, the USER expressly accepts all the clauses of this legal notice, of its privacy policy and of its cookies policy, as well as all those specific conditions set out for the use of certain services. In the event of not accepting any of the mentioned clauses, the USER must refrain from accessing this Website.

2.2. The USER commits to observing and rigorously complying with the clauses indicated on this Website, as well as any applicable legal provision.

2.3. BORRAS reserves the right to change this legal notice at any time, such that it is for the USER to review it before accessing this Website.

3. CONTENTS.

3.1. The contents made available to the USER on this Website are from both the company’s own sources and from third parties.

3.2. BORRAS seeks to ensure that the contents are of the best possible quality and clarity and that they are reasonably up-to-date, but it does not guarantee that they will be useful, accurate, exhaustive, pertinent or up-to-date.

3.3. BORRAS reserves the right to modify without prior notice some conditions of the Website’s; it may change, delete or add both the contents and services that are provided through it such as the way in which they are presented or located on its portal.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY.

4.1. All the contents of this Website are duly protected by intellectual and industrial property regulations, among which there stands out Legislative Royal Decree 1/1996, of 12 April, passing the consolidated text of the Intellectual Property Act, regularising, clarifying and harmonising current legal provisions about the matter (hereinafter, Intellectual Property Act) and Law 17/2001, of 7 December, regarding Trademarks (hereinafter, Trademarks Act).

4.2. Regardless of the purpose for which they were intended, the full or partial reproduction, use, exploitation, distribution and marketing of any content of this Website, requires in all cases the prior written authorisation of BORRAS, the direct owner or owner as an assignee of all the intellectual and industrial property rights present on the Website. By way of example, without being exhaustive, we are referring to images, videos, texts, software, trademarks, combinations of colours, design, etc.

4.3. According to what is set out in article 17 of the Intellectual Property Act, it is expressly prohibited to reproduce, distribute and transform, in whole or in part, the contents of this web page, for commercial purposes, in any format or by any technical means, without the authorisation of BORRAS. Likewise, nor shall it be permitted to make available, extract, reuse and resend the elements that make up this Website. The USER commits to respect BORRAS’s Intellectual and Industrial Property. He/she may view the elements and even print them, copy them and store them on the hard disk of his/her computer or in any other physical format as long as it is solely and exclusively for his/her personal and private use. The USER must refrain from deleting, altering, circumvent or manipulate any protection device or security system that may be installed on this Website.

4.4. In the same way, according to article 34 of the Trademarks Act, BORRAS (owner of registered trademarks) holds the exclusive right to use its trademark intangible assets in trade, as well as legitimation to prohibit them from being used by third parties without their prior written consent.

4.5. The contents that do not belong to BORRAS that may appear on this Website belong to their respective owners, who are responsible for any authorisation to third parties.

5. USES.

5.1. The USER voluntarily and expressly accepts that use of this Website is made in all cases under at his/her sole and exclusive risk.

5.2. The USER commits to carrying out no conduct that could harm the image, the interests and the rights of BORRAS or of third parties, or which would harm, disable or overload this Website, or which would impede, in any way, normal use and functioning thereof.

5.3. BORRAS adopts reasonably adequate security measures to detect the existence of viruses. However, the USER must be aware that the security measures of the IT systems on the Internet are not entirely reliable and that, therefore, the non-existence cannot be guaranteed of viruses or other elements that may cause alterations in the USER’s IT systems (hardware and software).

5.4. The USER is strictly prohibited from taking email addresses from this Website, including social networks in the event of the creation of future profiles, for sending advertising or promotional communications without the without their having been requested or expressly authorised in advance and in writing by the recipients thereof.

6. LIABILITIES.

6.1. BORRAS shall carry out all the actions that are within its scope for the correct functioning and the permanent availability of this Website. However, taking into account that the functioning thereof could depend on the intervention of third parties, BORRAS shall not be held liable for the inconvenience that may be caused to the USER due to the incorrect functioning thereof.

6.2. BORRAS is exempt from any type of liability derived from the information published by third parties on this Website.

6.3. In the event that the USER considers that there is content on this Website that could be illegal, he/she must report it through the contact section.

6.4. BORRAS accepts no liability regarding third party contents to which the user is redirected from this Website, since it possible that they have been installed without the approval of the company that owns them. In this sense, the inclusion of these external connections shall not necessarily imply any type of association, merger or participation with the companies connected through the mentioned links.

6.5. BORRAS accepts no type of liability regarding the correct functioning of this Website.

7. PERSONAL DATA PROTECTION POLICY.

BORRAS guarantees full compliance with the obligations set out in Organic Law 15/1999, of 1 December, regarding Protection of Personal Data (hereinafter, OLDP), as well as those required by the Regulations developing it, passed by Royal Decree 1720 / 2007 of 21 December and other applicable current regulations.

In compliance with the OLDP, the personal data collected through the USER’s browsing and interaction with the Website shall be processed by BORRAS, which is responsible for the confidential, exclusive processing and they shall be included in the corresponding file owned by BORRAS, which is registered at the General Data Protection Registry (GDPR). To do so, all the means and mechanisms have been established that are necessary to prevent the alteration, loss, misuse, processing and unauthorised access or theft of the USERS’ personal data, given the state of the technology. Notwithstanding the foregoing, technical security on the Internet is not impregnable and there may be leaks due to the harmful actions of third parties with patently malicious intent.

In the data collection fields indicated as “required,” they are mandatory, such that, in the event that the USER does not provide the corresponding data, BORRAS may at its sole discretion refuse the corresponding service.

7.1. Contact form “Write to us”.

The personal information that the candidate provides shall be included in the file “WEB USERS”, automated, owned by BORRAS to manage the data of the USERS who communicate with the company through the Website for the provision of the services offered by same and to respond to their queries. In the event that the USERS wish to exercise their rights of access, correction, cancellation and challenge, the USERS may write to info@maruja.es, as well as the postal address detailed in the IDENTIFICATION sections of the OWNER of the WEBSITE of this Legal Notice and in Contact. They must do so in writing, proving their identity with a photocopy of the NID or another equivalent identification document.

7.2. Contact form “Work with us”.

The personal information that the candidate provides shall be included in the file “STAFF PAYSLIPS AND HUMAN RESOURCES”, mixed, owned by BORRAS and whose purpose is the management of BORRAS staff payslips and Human Resources data. To be able to exercise the rights of access, correction, cancellation and challenge, the USERS may write to rrhh@borrassl.com, as well as the postal address detailed in the IDENTIFICATION sections of the OWNER of the WEBSITE of this Legal Notice and in Contact. They must do so in writing, proving their identity with a photocopy of the NID or another equivalent identification document.

7.3. USER’s Information and Consent.

In compliance with art. 5 of the OLDP, in reading the foregoing lines, the USER fulfills his/her right of information in the processing of personal data. Moreover, by selecting the box for acceptance of the Privacy policy, he/she consents to the inclusion of the personal data, provided by filling out the forms provided on this Website, in the personal data files described in points 7.1 and 7.2, owned by BORRAS.

7.4. Commercial communications.

In the event that the USER authorises it by selecting the checkboxes provided in the form “Write to us”, BORRAS may make commercial communication to inform the USER of news about the company’s products by any means which, according to current data protection regulations, may be allowed. In this connection, it is normally done through email. Likewise, the USER may revoke the consent granted for the receipt of commercial communications at any time, by notifying through the email address, as well as the postal address detailed in the IDENTIFICATION sections of the OWNER of the WEBSITE of this Legal Notice and in Contact.

8. LEGISLATION and JURISDICTION.

8.1. These terms and conditions have been drafted in the Spanish language (of Spain), and they are subject to general Spanish legislation, which shall govern any dispute derived from the use of this Website.

8.2. It is established that any dispute or conflict derived from access to this Website shall be subject, except where there is a legal imperative, to the jurisdiction of the Courts of the city of Ceuta (Spain).

• I have read and I accept of the privacy policy cited on this website.
• I accept receiving commercial information and offers.