Legal notice

The website www.escobi.es (hereinafter “the Website”) is the property of FRUTAS ESCOBI, S.L. (hereinafter “the COMPANY”), whose registered address is Ctra. de la Mojonera, no. 153 – 04716 Las Norias de Daza (Almería), with CIF (Tax Identification Code) B04069837, registered in the Almería Commercial Register, Volume 176 General 116, Folio 43, S 3, Sheet 2692 and Entry 1.

The COMPANY welcomes you and invites you to read carefully the General Terms of Use of this Website (hereinafter “the General Terms of Use”), which describe the terms and conditions that will be applicable to your browsing of the Website, pursuant to the provisions of applicable Spanish legislation. Given that the COMPANY could amend these Terms of Use in the future, we recommend that you periodically visit them so as to be duly informed of the changes made.

With the intention that use of the Website may conform to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, query or consultation on the General Terms of Use will be received and resolved by contacting the COMPANY via the e-mail address info@escobi.es.

1. Subject-matter

The COMPANY supplies the content and services that are available on the Website subject to these General Terms of Use and to the policy on processing of personal data (hereinafter “the Data Protection Policy”). Access to this Website or use of it in any way confers the status of User and implies unreserved acceptance of each and every one of these General Terms of Use, which the COMPANY reserves the right to amend at any time. Consequently it will be the responsibility of every User to read the current General Terms of Use carefully every time they access this Website, and therefore if they do not agree to any of the terms set out here they must refrain from using this Website.

In addition, the User is warned that special terms may sometimes be established for use of the Website with respect to specific contents and/or services, and that the use of such contents or services will imply acceptance of the particular terms specified in them.

2. Services

Through the Website, the COMPANY offers Users the possibility of accessing Information on the company, its contact data, its products and services, its prices, its commercial offers, its location — A contact section for making queries by providing their personal data —Links for accessing social media (hereinafter “the Services”).

3. Privacidad y Tratamiento de Datos

When it is necessary to provide data of a personal nature to access certain contents or services, Users must guarantee their truthfulness, accuracy, authenticity and current validity. The COMPANY will process these data in the appropriate manner according to their nature or purpose, in the terms set forth in the Data Protection Policy.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents shown in the Website, and particularly designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights and that all trademarks, trade names or distinguishing signs and all industrial and intellectual property rights over the contents and/or any other elements inserted in the page are the exclusive property of the COMPANY and/or of third parties, who have the exclusive right to use them for commercial purposes. For all these reasons the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or alter such contents, and shall hold the COMPANY harmless from any claim arising from breach of these obligations. In no case does access to the Website imply any kind of waiver, transfer, licence or total or partial assignment of such rights unless expressly otherwise stipulated. These General Terms of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents other than those expressly stipulated here. Any other use or exploitation of any rights will be subject to express prior authorisation specifically granted for this purpose by the COMPANY or the third-party holder of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and in general any intellectual creation present on this site, as well as the site itself as a whole as a multimedia artwork, are protected as copyright by intellectual property legislation. The COMPANY is the owner of the constituent elements of the graphic design of the Website, the menus, browsing buttons, HTML code, texts, images, textures, graphics and any other content of the Website, or in any case has the relevant authorisation to use these elements. The content set out in the Website may not be reproduced either in whole or in part, nor transmitted, nor registered by any information recovery system, in any form or by any means, without prior written authorisation from the COMPANY.

Suppressing, evading and/or manipulating the copyright and the technical protection devices, or any information mechanisms the contents may contain, are also prohibited. Users of this Website undertake to respect the rights stated and to avoid any action that could harm them, and in all cases the COMPANY reserves the right to use any means or exercise any legal actions to which it may be entitled to defend its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the User of the Website

The User undertakes to:

  • Make appropriate and lawful use of the Website and of the contents and services, in accordance with (i) the legislation applicable at any time, (ii) the General Terms of Use of the Website, (iii) generally accepted morality and proper conduct, and (iv) public order.
  • Provide himself/herself with all the technical resources and requirements needed to access the Website.
  • Provide truthful information when filling in his/her personal data on the forms contained in the Website and keep them constantly up to date so that they correspond at all times to the User’s true situation. The User will be solely liable for any false or inaccurate statements he/she makes and for the damage caused to the COMPANY or to third parties by the information he/she provides.

Notwithstanding the provisions of the foregoing section the User must also refrain from:

  • Making unauthorised or fraudulent use of the Website and/or of the contents for illicit purposes or with illicit effects that are prohibited in these General Terms of Use or injurious to the rights and interests of third parties or that could in any way damage,  disable, overload, impair or prevent normal use of the services or the documents, files or any type of content stored on any computing equipment.
  • Accessing or attempting to access restricted resources or areas of the Website without complying with the conditions required for such access.
  • Causing damage to the physical or logical systems of the Website, its providers or third parties.
  • Introducing or spreading computer viruses or any other physical or logical systems on the network capable of causing damage to the physical or logical systems of the COMPANY, its providers or third parties.
  • Attempting to access, use and/or manipulate the data of the COMPANY, third-party providers or other Users.
  • Reproducing or copying, distributing, transforming or modifying the contents or allowing public access to them through any form of public communication, unless with authorisation from the owner of the relevant rights or if legally permitted.
  • Deleting, concealing or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or of third parties incorporated into the contents and the technical protection devices or any information mechanisms that may be inserted into the contents.
  • Obtaining or attempting to obtain the contents by using any means or procedures other than those that have been made available to the User, as applicable, or that have been expressly indicated in the web pages on which the contents are located, or in general those that are normally used on the Internet because they do not entail a risk of damaging or disabling the website and/or the contents.
  • In particular, and by way of illustration and not limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general any kind of material that:
    • Is in any way contrary to or that demeans or infringes fundamental rights and public freedoms recognised constitutionally, in international treaties and in other current legislation.
    • Induces, incites or promotes actions of a criminal, denigratory, defamatory or violent nature or that are, in general, contrary to law, morality, generally accepted proper conduct or public order.
    • Induces, incites or promotes actions, attitudes or thoughts that discriminate on the grounds of sex, race, religion, beliefs, age or status.
    • Includes, makes available or allows access to products, elements, messages and/or services of a criminal, violent, offensive, harmful or degrading nature or that are, in general, contrary to law, morality, generally accepted proper conduct or public order.
    • Induces or may induce an unacceptable state of anxiety or fear.
    • Induces or incites engagement in practices that are dangerous, involve high risk or are harmful to health and mental stability.
    • Is protected by legislation governing intellectual or industrial property belonging to the COMPANY or to third parties without the intended use having been authorised.
    • Is detrimental to people’s reputation, personal or family privacy or self-image.
    • Constitutes any kind of advertising.
    • Includes any kind of virus or program that impedes the normal operation of the Website.

If the User has been provided with a password for accessing any of the services and/or contents of the Website, he/she undertakes to use it diligently, keeping it secret at all times. Consequently, the User shall be responsible for its proper safekeeping and confidentiality, undertaking not to lend it to third parties, either temporarily or permanently, nor to allow access to the above-mentioned services and/or contents by outside persons. In addition, he/she undertakes to notify the COMPANY of any circumstance that could involve improper use of his/her password, including but not limited to theft or loss of the password or unauthorised access, in order to proceed immediately to cancel it. Consequently, for as long as the above-mentioned notification is not given, the COMPANY will be exempt from any liability that could arise from improper use of the User’s password, and the User shall be liable for any illicit use of the contents and/or services of the Website by any illegitimate third party.

If the User negligently or intentionally breaches any of the obligations set out in these General Terms of Use, he/she shall be liable for any damages that may arise for the COMPANY as a result of that breach.

6. Responsibilities

The COMPANY does not guarantee continuous access to nor correct viewing, downloading or use of the elements and information contained in the pages of the Website, which may be blocked, impeded or interrupted by factors or circumstances beyond its control.

The COMPANY does not accept liability for any decisions that may be adopted as a result of accessing the contents or information offered.

The COMPANY may interrupt the service or terminate its relationship with the User with immediate effect if it detects that its Website or any of the services offered in it is being used in a manner contrary to these General Terms of Use. The COMPANY does not accept liability for damage, harm, loss, claims or expenses arising from the use of the Website. It will only be responsible for eliminating the contents that could give rise to such harm as soon as possible, provided it is notified that this is the case. In particular it shall not be liable for any damage that may arise from the following, among other things:

  • interferences, interruptions, faults, omissions, telephone malfunctions, delays, blockages or disconnections in the operation of the system caused by deficiencies, overloads or errors in telecommunication lines and networks, or by any other cause beyond the COMPANY’s control.
  • illegitimate intrusions using malignant software of any kind and through any medium of communication, such as computer viruses or any others.
  • improper or inappropriate abuse of the Website.
  • security or browsing errors produced by malfunctioning of the browser or by using non-updated versions of it. The COMPANY’s administrators reserve the right to withdraw, in whole or in part, any content or information present in the Website.

The COMPANY disclaims any liability for damage of any kind that may be due to misuse of the freely available and usable services by Users of the Website. The COMPANY shall also be exempt from any responsibility for content and information that may be received as a result of the data collection forms, these forms being solely for the purpose of providing consultation services and answering queries. In addition, in the event of damage being caused by illicit or improper use of these services, the User may be subject to a claim by the COMPANY for the damage caused.

You will defend and compensate the COMPANY and hold it harmless from any damages that may arise from claims, actions or lawsuits from third parties as a result of you accessing or using the Website. You also undertake to compensate the COMPANY for any damage resulting from the use by you of robots, spiders, crawlers or similar tools used for the purpose of collecting or extracting data or any other action on your part that places an unreasonable load on the operation of the Website.

7. Hiperlinks

The User undertakes not to reproduce the COMPANY’s Website or any of its contents in any way, even by means of a hyperlink, without express written authorisation from the COMPANY.

The COMPANY’s Website includes links to other websites managed by third parties, with the object of facilitating access for the User to information on collaborator and/or sponsor companies. Accordingly, the COMPANY does not take responsibility for the content of such websites, nor does it accept the position of guarantor or party offering the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (i) may not suggest that the COMPANY recommends that website or its services or products; (ii) may not falsify their relationship with the COMPANY nor state that the COMPANY has authorised such a link, nor include trademarks, names, commercial names, logos or other distinguishing signs of the COMPANY; (iii) may not include contents that could be considered in bad taste, obscene, offensive, controversial, liable to incite violence or discrimination on the grounds of sex, race or religion, contrary to public order or illicit; (iv) must link to the Website’s own address, such that the website that makes the link is not allowed to reproduce the Website as part of its own site or inside one of its frames or to create a browser on any of the pages of the Website. The COMPANY may ask it at any time to remove any link to the Website, after which it must immediately proceed to remove it. The COMPANY has no control over the information, contents, products or services provided by other websites that have established links to the Website.

Consequently the COMPANY does not accept any kind of responsibility for any issue related to such websites.

8. Data Protection

In order to use any of the services, Users must provide certain data of a personal nature beforehand. For this purpose the COMPANY will submit the personal data to automated processing pursuant to Act 15/1999 of 13 December 1999 on Personal Data Protection and Royal Decree 1720/2007 implementing this Act. The User may accordingly access the policy followed in processing personal data as well as the purposes established in advance according to the provisions of the conditions set out in the Data Protection Policy presented by the Website.

9. Cookies

The COMPANY reserves the right to use cookie technology on the Website in order to recognise the User as a frequent User and personalise the use he/she makes of the Website by pre-selecting his/her language or most desired or specific contents. The cookies used by the Website, or the third party acting on its behalf, are associated solely with an anonymous user and his/her computer, and do not in themselves provide the user’s personal data.

Cookies are files sent to a browser by a web server to record the User’s browsing on the Website, when the User allows them to be received. The User can in turn remove the cookies, for which purpose he/she must consult the instructions of his/her browser.

By using cookies it is possible for the COMPANY to recognise the browser of the computer used by the User in order to provide contents and offer the User browsing or advertising preferences suited to the demographic profiles of Users as well as to measure visits and traffic parameters and to monitor progress and number of entries.

10. Duration and Termination

The provision of the service offered by the Website and the other services are in principle of indefinite duration. Nevertheless, the COMPANY may terminate it or suspend any of the services on the site. Whenever possible, the COMPANY will announce the termination or suspension of provision of the particular service.

11. Declarations and Guarantees

In general, the contents and services offered on the Website are purely for purposes of information. Consequently, in offering them the COMPANY does not provide any guarantee or declaration whatever with regard to the contents and services offered on the Website, including but not limited to guarantees of lawfulness, reliability, usefulness, truthfulness, accuracy or marketability, except to the extent that by law such declarations and guarantees cannot be excluded.

12. Force Majeure

The COMPANY shall not be responsible in the event that it is impossible to provide a service if this is due to prolonged interruptions of the electrical supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, government acts or omissions, and in general all situations of force majeure or unforeseen circumstances.

13. Resolution of Disputes. Applicable Law and Jurisdiction

These General Terms of Use and the use of the Website shall be governed by Spanish law. Any dispute shall be resolved by the courts of Almería.

In the event that any stipulation in these General Terms of Use should prove unenforceable or null and void by virtue of applicable legislation or as a result of a judicial or administrative decision, that unenforceability or nullity shall not render these General Terms of Use unforceable or null and void in their entirety. In such cases the COMPANY will proceed to amend or replace such a stipulation by another that is valid and enforceable and that as far as possible achieves the objective and intention reflected in the original stipulation.