Acceptance of the general conditions of use of the following websites: www.elpalacioandaluz.com and www.elflamencoensevilla.com

EL PALACIO DEL EMBRUJO S.L., headquartered at Calle Matemáticos Rey Pastor y Castro, 4, 41092, Seville, with C.I.F. (Tax Identification Code) B41705971 is the owner of the following websites: WWW.ELPALACIOANDALUZ.COM and www.elflamencoensevilla.com, hereinafter collectively referred to as THE WEBSITE. The latter is placed at the disposal of Internet users, in order to provide information on products and services of El Palacio Andaluz s.l., as well as allow for the purchase of the products and/or services offered by the Portal.

These General Conditions of Contract, together with the conditions of use of the portal, and/or any specific conditions that may be established, are aimed to govern the availability of information, as well as the commercial relations that may arise between El Palacio Andaluz s.l. and users of the Portal. By browsing the Portal and/or by using the services included in our website, you acquire the status of user.

Browsing, as well as the contracting and/or purchasing of any of the products and/or services through credit cards, presume your acceptance as user, without reservations of any kind, to every one of these General Conditions of Contract that in their case govern the purchase of goods and/or provision of services, as well as, as applicable, the specific conditions that, in their case, govern the purchase of products and/or provision of services.

EL PALACIO DEL EMBRUJO S.L. may at any time and without any previous notice, modify these General Conditions, and/or any specific conditions that, if any, are included, by means of publishing said modifications in the Portal so that they are disclosed to Users, always before their visit to the WEB PAGE or the purchase of any goods offered on the WEB PAGE.

Contracting principles

These General Conditions of Contract, together with any specific conditions that may be set out, will expressly govern the relations between EL PALACIO DEL EMBRUJO SL and third parties (hereinafter “Users”) that contract the products offered through the website. These conditions will be accepted by the User, from the moment the latter ticks the box with the following wording: “I ACCEPT THE GENERAL CONDITIONS OF CONTRACT” on www.elpalacioandaluz.com.

These General Conditions have been drafted in accordance with Law 34/2002, on information society services and electronic commerce, Law 7/1998 on general conditions of contract, Royal Decree 1906/1999 which regulates telephone or electronic contracts with general conditions according to Article 5.3 of Law 7/1998, Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 on Retailing Businesses, Royal Decree-Law 14/1999 which governs Electronic Signatures. In compliance with the aforementioned regulations, the User states that at the time of contracting these General Conditions, the User has read them and it could print and save them, and that they are available on the website. Likewise, these General Conditions of Contract have been registered at a Notary Public’s Office.

EL PALACIO DEL EMBRUJO S.L. informs that the procedures for purchasing goods are those described in these General Conditions, as well as those specific ones that are indicated on the screen while you are browsing our web pages. Hence, the User declares its knowledge and acceptance of said procedures as necessary to access the products and/or services offered on the WEBSITE.

Once the User has registered for the services offered on the WEBSITE, it will receive an email notifying the terms and conditions of service. Thus, the User agrees that the receipt of such email validates the contractual conditions made in accordance with E-commerce regulations.

Any modification and/or rectification to data supplied by Users during the browsing process should be made in accordance with the instructions provided on the WEBSITE.

By accepting these General Conditions, the User declares that it is a person of legal age, fully able to contract our services.

Object

The purpose of this Contract is to supply the services described on the website that will be purchased as per established features and prices and governed by the specific conditions of each service, which will be attached to this Contract as an Annex thereto.

Terms and conditions of service

The products and/or services offered on the WEBSITE, along with their features and prices will appear on the screen. The prices, displayed on the screen, will be shown in euros and are VAT incl., in addition to any other taxes that may be applicable. The offers will be duly informed on the screen. EL PALACIO DEL EMBRUJO SL reserves the right to decide at any moment, the products and/or services that are contained and offered to Users at www.elpalacioandaluz.com.

Therefore, EL PALACIO DEL EMBRUJO SL may at any time add new products and/or services on the WEBSITE. This being understood, unless otherwise stated, that such new products and/or services will be governed by these General Conditions in force at that time. Moreover, EL PALACIO DEL EMBRUJO S.L. reserves the right to stop providing access, at any time and without prior notice, to any of the products and/or services offered on the WEBSITE.

For the purchase of the products on the WEBSITE, EL PALACIO DEL EMBRUJO S.L. will request users to register themselves. Users, who must be over 18 years of age, shall follow the instructions that appear on screen. The username and password provided by the User to EL PALACIO DEL EMBRUJO SL are items that identify them and enable their access to the WEBSITE, so that they can contract our services, and are personal and non-transferable. Usernames cannot be modified, only passwords. In such case, any former passwords will no longer be valid.

Registered users will be responsible at all times for the use of their passwords, thus, assuming any damages that may arise from its misuse, as well as related to its transfer, disclosure or loss thereof. For these purposes, access to restricted areas and/or the purchasing of products by using a password of a registered user, shall be deemed performed by the latter, who shall be responsible for such contracting.

Likewise, if a registered user considers that, for any reason, its password will be or may have been used in an unauthorised manner, it must inform EL PALACIO DEL EMBRUJO S.L., in order to block said User as soon as possible. EL PALACIO DEL EMBRUJO S.L. will not be responsible for any unauthorised access, unless the User can prove that it informed EL PALACIO DEL EMBRUJO S.L. prior to such unauthorised access.

Once the User is registered for the purchase of products and/or services by means of a credit card, the User must add the product(s) that will be purchased, according to the information provided on screen. For this purpose, the User must fill out the applicable form and submit it to EL PALACIO DEL EMBRUJO S.L., which implies the reading and irrevocable acceptance of every one of these General Conditions, as well as of any specific conditions that must be accepted by ticking the corresponding icons.

EL PALACIO DEL EMBRUJO SL reserves the right to cancel the username and password, and therefore access to the WEBSITE of those customers who have debits or outstanding balances with EL PALACIO DEL EMBRUJO S.L., as well as file any legal actions they see fit.

Price, payment and delivery

The price of any products and services will be the one that appears on the screen of www.elpalacioandaluz.com when you make the purchase.

Payment for the price of services, which will appear on screen, will be made by credit card in accordance with the payment conditions that appear on screen at any time. To proceed with the payment, the customer must follow all the instructions that appear on screen, providing the information requested at any time, such as credit card issuer and number, expiration date or Universal PayPal account. All data provided is managed by PayPal payment service.

Likewise, EL PALACIO DEL EMBRUJO S.L. declares that, under no circumstances, it stores any data provided by users, and that such data is only kept during the purchasing process, whilst payment is made and until the cancellation period has ended. The fraudulent use of any means of payment will entitle EL PALACIO DEL EMBRUJO S.L. not to provide the services as well as to the termination of this contract, notwithstanding the right to claim compensation for any corresponding damages.

EL PALACIO DEL EMBRUJO S.L. may review and update prices at its discretion, which will not affect a purchase that has been already made.

User obligations

In general, the user/customer shall comply with these General Conditions and, if applicable, any specific conditions that shall apply, as well as comply with any special warnings or instructions for use contained therein.

As a rule, that not implying any restriction to the obligation assumed by the User, in accordance with the previous section, the User shall while using the services/products of www.elpalacioandaluz.com:

• in the case of registration, the User undertakes to provide true and accurate data and to keep it updated;
• not to introduce or disseminate on or from the website, any information or material that is defamatory, abusive, obscene, threatening, xenophobic, incites violence related to discrimination based on race, sex/gender, ideology, religion or otherwise against public morality, public order, fundamental rights, public liberties, honour, privacy or the image of third parties and effective laws;
• not to introduce, store or disseminate through the WEBSITE any computer program, data, viruses, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damages on the WEBSITE, to any services, or to any equipment, systems or networks of EL PALACIO DEL EMBRUJO S.L., of any user, of the suppliers of EL PALACIO DEL EMBRUJO S.L. or in general of any third party, or that in any other way is capable of causing them any type of alteration or prevent their normal operation;
• make adequate use of the “Username” and “Password” provided by EL PALACIO DEL EMBRUJO S.L. to users, as identifiers and enablers for access to the services, undertaking not to assign their use or to allow access thereof to third parties, taking responsibility for damages and losses that could arise from any improper use. Likewise, the User undertakes to communicate to EL PALACIO DEL EMBRUJO S.L., as soon as possible, any 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 activities through the WEBSITE, not using the contents and, specifically the information obtained through the WEBSITE to forward advertising content, send messages for direct sale or for any other commercial purpose, nor to collect or store personal data from third parties;
• not to use fake identities, nor impersonate others while using the WEBSITE. The customer undertakes to pay for the products and services purchased herein as per the terms and conditions established at www.elpalacioandaluz.com as well as any applicable general and specific conditions.

El Palacio del Embrujo S.L. Liability

EL PALACIO DEL EMBRUJO SL shall be solely liable for damages that the User may suffer, while using the online store, when such damages are due to a malicious action of this company. Said liability will be limited in amount, to the sum for the provision of the services and products paid by the User. The User acknowledges and accepts that the use of the WEBSITE, as well as the purchase of any products and/or services offered therein, will be under its entire liability.

EL PALACIO DEL EMBRUJO S.L. shall not be liable for any damages that may arise from, in a merely depictive and non-limiting way, inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this electronic system or in the computer devices and equipment of Users, due to reasons beyond the control of EL PALACIO DEL EMBRUJO SL that prevent or delay the provision of services or browsing through the system; delays or blockages caused by Internet outages or overloads or other electronic systems that may be caused by third parties through unlawful intrusions, beyond the control of the WEBSITE and that are not due to fault of EL PALACIO DEL EMBRUJO S.L.. In addition to any divergences regarding information, documentation and/or other contents of the online Store that may exist between the electronic version and the printed version; the impossibility of offering the Service or allowing access for reasons not caused by EL PALACIO DEL EMBRUJO S.L. to the User due to the user, third parties, subcontractors or for events of force majeure; the inappropriate provision of services by subcontractors that are beyond the control of EL PALACIO DEL EMBRUJO SL.

EL PALACIO DEL EMBRUJO SL provides its services in accordance with the information supplied by the customer whose data is presumed to be correct. Thus, EL PALACIO DEL EMBRUJO SL cannot take any responsibility for errors, discrepancies or omissions based on any information supplied by the customer. Hence, EL PALACIO DEL EMBRUJO S.L. will not be liable for any damages based on the abovementioned assumptions.

Service and contract effect

The contract will be effective from the purchase of products and/or services by the User/Customer, according to the confirmation email sent by EL PALACIO DEL EMBRUJO SL and until the User/Customer sends notice regarding the end of the commercial relationship by writing to comercial@elpalacioandaluz.com.

Personal data protection policy

As for Organic Law 15/1999, of December 13, on Personal Data Protection and Royal Decree 1720/2007, EL PALACIO DEL EMBRUJO informs the user/customer of the existence of a personal data file created with the data obtained on www.elpalacioandaluz.com for EL PALACIO DEL EMBRUJO SL, which is under its responsibility, in order to provide the services offered on the WEBSITE.

The User/Customer expressly accepts the collection and processing of any data collected during their browsing activity on the WEBSITE, or provided by filling out any form, as well as those derived from the commercial relationship, in the electronic personal data file referred to in the first section.

EL PALACIO DEL EMBRUJO S.L. hereby informs that, if the User wants to access any part of the contents or services offered on the WEBSITE, the User shall fill out the applicable registration form, or any other forms that the user is requested to enter personal data.

Likewise, EL PALACIO DEL EMBRUJO S.L. may, in order to improve its services, activate internet cookies through which user data is obtained.

EL PALACIO DEL EMBRUJO S.L. undertakes to use the data included in the files, to respect their confidentiality and to use them in accordance with the purposes thereof, as well as comply with its obligation to keep them and take all applicable measures to avoid unauthorised alteration, loss, treatment or access, as per the Regulation on Mandatory Security Measures for Computer Files which contain Personal Data, approved by Royal Decree 994/1999, of July 11.

Communications

Regarding these General Conditions, and for any communication that is needed between EL PALACIO DEL EMBRUJO SL and the User/Customer, they should contact the Customer Service Department by sending an email to comercial@elpalacioandaluz.com or by sending a letter addressed to Departamento de Atención al Cliente, EL PALACIO DEL EMBRUJO S.L. Calle Matemáticos Rey Pastor y Castro, 4, 41092,  Seville.

The user/customer expressly accepts, for all communications related to the use of the Website and/or the purchase of goods and services, the use of email as a valid procedure for the submission of such communications.

Applicable law. Venue

This contract will be governed by the Spanish law, which will apply to what is omitted hereof, regarding its construction, validity and execution.

The parties elect the Courts and Tribunals of Seville to resolve any controversies that may arise from the interpretation or execution of these contractual conditions and expressly waive any other jurisdiction or venue.