LEGAL CONDITIONS OF USE
1. Legal Owner of our Website.
In compliance with the information contained in Article 10 of Law 34/2002, of 11th July of Services to Society relating to Information and
Electronic Commerce, the owner of this website is as follows:
Legal Entity: FRAY IBÉRICO S.L
Registered Trademark: EL ARCÓN DEL FRAILE.
Address: Calle Solana 1, Soto del Real, 28791, (Madrid), España
Address for the reception of correspondence that is shown on the company labels: Calle Serrano 93, 3ºB – 28006 Madrid
Tax Registration Number (NIF): B-88291869
Registered Information at Companies House (Registro Mercantil de Madrid): FRAY IBÉRICO S.L – Registration Information given in Spanish, Tomo 38.775, folio 10, Sección 8, Hoja M-689387
The Company, EL ARCÓN DEL FRAILE will provide information and access to data relating to products and services to users that access the website. The user will be able to contract services via this channel (all of which are included in the package designated as the “Services”).
2. Activities of the Company.
EL ARCÓN DEL FRAILE dedicates itself to the marketing and distribution of Iberian pork food products, oils and other products for human consumption.
3. Conditions of use.
This website reserves the right to modify the presentation and configuration of the website at any time, as well as the legal conditions of use. Therefore it is recommended that users and visitors to the website read related information carefully each time they visit the website.
By the very nature of the function of this website, it is possible that the current Legal Conditions are subject to modifications. Because of this, the user and any other visitors to the website , are obliged to access the updated Legal Conditions each time they visit the website, to ensure they are up to date in respect of the legal conditions that apply at each time of access.
4. Correct Use of the Services.
Users, customers and visitors to the website are obliged to use the Services in a diligent and correct manner, including but not limited to the following conditions and abstaining from the undesired practices outlined below:
a) to use the Services in line with the law and generally accepted practices which comply with public order.
b) not to reproduce, copy, distribute or permit public access via any public channel, or to copy or change the Services without the express authority of the company, or without this being expressly permitted by law.
c) not to take any action that could be considered as a violation of the industrial or intellectual property rights that pertain to EL ARCÓN DEL FRAILE or third parties.
d) not to use the Services, in particular the information obtained from the website to distribute publicity or communications with the aim of direct sales or any other type of commercial activity. Included in this is the generation of unsolicited messages directed to an abundance of people, regardless of its use, or any other such activity or distribution of information;
Users, customers and visitors to the site are responsible for any material losses that could be suffered by EL ARCÓN DEL FRAILE as a result of not complying with any of the obligations detailed above, as well as any others that are included in the current Legal Conditions, or any others imposed by law relating to the use of the website.
EL ARCÓN DEL FRAILE will ensure compliance with current law at all times, and is entitled to interrupt the Services or exclude a user from the website at its own discretion. This interruption or exclusion of the Services, whether partial or total could be undertaken as a result of any action detailed in the current Penal Code, or in the event of any actions that contravene the General Conditions, the General Contract Conditions for this website, or the rules established by EL ARCÓN DEL FRAILE and its collaborators. This includes any other actions that could disturb the correct functioning, credibility or prestige of EL ARCÓN DEL FRAILE or its collaborators.
5. Industrial and Intellectual Property Rights.
All of the contents of the website, such as text, graphics, photos, logos, icons, images, as well as the graphic design, source code and software are the exclusive property of EL ARCÓN DEL FRAILE or third parties, whose rights in this respect have been legally obtained by EL ARCÓN DEL FRAILE, and are therefore protected under national and international law.
The use of any elements for commercial activity related to industrial and intellectual property is strictly forbidden, such as distribution, modification, disassembly or any other action that is an infringement of the current Spanish or international laws relating to industrial and intellectual property. In this vein, the partial or total reproduction of this website is completely prohibited, including the use of any hyperlinks without the express permission in writing of the Company.
It is understood that EL ARCÓN DEL FRAILE is authorised to reproduce, distribute, and transform any content that is sent to the website, such as texts, photos, audios, videos, observations, opinions or comments, or any other content, including via email or any other communication method relating to the normal services provided by EL ARCÓN DEL FRAILE. At all times EL ARCÓN DEL FRAILE will protect the rights of the author under the normal legal framework. Additionally, it is understood that this authorisation does not incur or imply any cost to EL ARCÓN DEL FRAILE.
6. Exclusion of Guarantees and Responsibility.
EL ARCÓN DEL FRAILE will only respond to damages that users, customers or site visitors could suffer as a direct consequence of using this website, when these damages are clearly attributable to actions taken by the Company.
Users and visitors to the website recognise and accept that the use of this website and its services are undertaken under their own risk and responsibility. EL ARCÓN DEL FRAILE does not take responsibility for losses that can arise as a result of, but not limited to (i) interference, omissions, computer viruses, technical issues or disconnections in the operating system or the computers or devices used to access the website, that are a result of external sources, that could impede or delay the provision of services or the ability to navigate the system; (ii) Delays or blocks in the system caused by deficiencies or overloads of the internet or other electronic systems; (iii) issues that could be caused by
third parties by illegal interferences beyond the control of the website, and not attributable to EL ARCÓN DEL FRAILE; (iv) Any technical issues that result in it being impossible to provide the service or access to the website that are beyond the control of, and not attributable to EL ARCÓN DEL FRAILE, whether the issue is that of the user, third parties , outside influences or acts of God. EL ARCÓN DEL FRAILE does not control, in general, the utilisation of the users and visitors to the website. In particular it is not guaranteed, under any circumstances, that the users and visitors to the website will utilise the site in conformance with the law, the current Legal conditions, using generally acceptable best practices in line with public order, or that they will operate in a prudent and diligent manner.
EL ARCÓN DEL FRAILE does not take responsibility for any losses or damages that could be incurred as a result of products offered by third parties and accessed through this website. This could relate to a lack of accuracy, depth of detail, or the current range of products and services offered, stored, or received. Whether these have been accessed through this website or offered by third parties or other entities.
EL ARCÓN DEL FRAILE will attempt where possible to correctly maintain information which is accessed via their website and ensure this complies with the minimum guarantees of accuracy. However, the Company does not take responsibility for the up to date maintenance of information provided by third parties and accessed through the website. In this vein, EL ARCÓN DEL FRAILE does not take responsibility for controlling the content transmitted, or made available by third parties, users or collaborators, except as stipulated under current legislation or where required by a Judicial authority or relevant governing Administration.
EL ARCÓN DEL FRAILE is not responsible for the utilisation undertaken by the user in respect of the website, the passwords, or other related actions that constitute the infringement of the industrial and intellectual rights, or any other legal rights enjoyed by third parties.
The user is obliged to indemnify EL ARCÓN DEL FRAILE, for any damages, losses, sanctions or other costs that could be suffered by the Company as a result of infringement or incompliance with the conditions established by the current Legal Conditions or current legislation. Included in this are costs related to civil responsibility, administrative costs, and without limitation, related legal fees. The obligations also encompass obligations relating to data protection detailed in the following; European Regulation (UE) 2016/679 General Data Protection, Organic Law 3/2018, of 5th December, Personal Data Protection and guarantee of digital rights and other related legislation that is applicable.
7. Obligations of the Users, Customers and Visitors to the Website.
In general the users, customers and visitors to the website are obliged to comply with the current Legal Conditions that apply, as well as complying with specific messages or instructions contained in the website or transmitted by https://www.
Specifically, and without implying any restriction to the responsibility assumed by the user as outlined above, the user , in their operation on the website is obliged to; (i) Provide accurate and truthful details, and to maintain their veracity; (ii) Not introduce, store or distribute via the website, any information or material that incites violence or is defamatory, damaging, obscene, threatening, xenophobic, discriminatory in relation to race, sex, ideology, religion, or any other action which violates human rights, freedom, public order, privacy, or damaging to the image of third parties, or against current legislation; (iii) Not introduce, store or distribute via the website any computer program, data, virus, code, hardware or telecommunications, or any other instrument or electronic device that could damage the website, services, computers, systems or
networks of EL ARCÓN DEL FRAILE,or of any other users, visitors or suppliers of EL ARCÓN DEL FRAILE. This also applies to damages that could be sustained by any other third parties caused by any type of alteration and impediment to the normal functioning of the website; (iv) Adequately store the email address and password provided by EL ARCÓN DEL FRAILE to allow the users to access the services offered through the website, and to ensure that access or use is not granted to third parties, assuming responsibility for any losses or damages that could arise from incorrect use by third parties. Additionally the user commits to inform EL ARCÓN DEL FRAILE, as quickly as possible, in the event of loss or theft or any issues that have arisen in terms of access to email or passwords by third parties; (v) Not undertake any activities relating to publicity, promotions or any other marketing activity via the website. The user cannot use the content and information from the website to produce publicity material, send messages that aim to sell directly or any other commercial activity. The user cannot take or store personal data relating to third parties; (vi) Not use false identities, nor commit identify theft in the use of the website. This includes the prohibition of the use of access codes or passwords that belong to third parties, or any other similar activity; (vii) Not destroy, alter, take for personal use, or damage the data of information, programs or electronic documents of EL ARCÓN DEL FRAILE, or that of its suppliers or other third parties; (viii) Not introduce, store, or distribute via the website, any content that infringes the legal rights, industrial or intellectual property or trade secrets of third parties, or in general manipulate or distribute any other content held, in accordance with the law, to third parties.
8. Links to other Websites
EL ARCÓN DEL FRAILE cannot guarantee, and does not take responsibility for any losses or damages suffered by third parties as a result of accessing the services via connections, links, or embedded links, and does not take responsibility for the content of these. The functions of the links that appear in https://www.
In compliance with the current Legal Conditions and Contract Conditions, and for any other communication between EL ARCÓN DEL FRAILE and the user or customer, the correct communication route is to Customer Services, at the email address, email@example.com.
All communications from EL ARCÓN DEL FRAILE to the user will utilise the contact details and data provided to the company by the user at the point of registering on the website.
The user expressly accepts that their email address is a valid communications method for all communication between the user and the company relating to the use of the website, and the use of the products and services on offer.
The User/Customer that wishes to purchase products offered on the website can expect a detailed description of such products, and the photos provided, are examples of a typical product. Given that these are food products, it is possible that the image is not an exact reproduction of the product that is received by the user/customer. EL ARCÓN DEL FRAILE cannot guarantee small variations that could occur in volumen or weight. However, any such possible variations wil be limited to the margins established in the Royal Degree (Real Decreto) 1801/2008, of 3rd November, where legislation and control relating to vacuum packed products is stipulated.
Given the nature of the products, small variations in colour, tone, size, shape or weight of the products can occur when compared to the photograph or description on the website,and this cannot be considered as failure to comply.
All products are priced in Euros and include Spanish IVA (Value Added Tax), and are available within the company’s stock. EL ARCÓN DEL FRAILE reserves the right to modify a product should difficulties arise from their suppliers.