-They have read and understood what is presented in this document
-They are people with the required ability to sign a contract.
-They accept all the responsibilities here stated.
-They are legally of age (18 years) to buy the goods offered in this site
The use of the Site defines its User’s condition (hereinafter referred to as “the Users”) and implies the acceptance of every term included in these General Conditions. The Users must carefully read the present General Conditions each time they access the Site, seeing that the Site and these General Conditions may be subject to change.
The Owner of the Site reserves the right to perform, at any time and without prior notice, any change or update of its contents and services, of these General Conditions and, in general, of every component integrating the layout and configuration of the Site.
The change of these General Conditions shall not affect goods or promotions purchased before the changes..
1. General Information
In adherence to the terms stipulated in the article 10 of the Act 34/2002, of July 11th, about the services of the society of the information and e-commerce, the general information of the Site is as follows:
2.1.Incorporation of personal data to BANANITOS’s files
In adherence to the terms stipulated in the Organic Act 15/1999, of December 13th, about protection of personal data (hereinafter referred to as “PPDA”), we would like to inform that the personal data the Users provide to us through the Site will be processed and incorporated to files belonging to BANANITOS for the following purpose: make possible the provision of the services requested by the Users and keep them informed, even by electronic means, about the products and services offered by BANANITOS. If you don’t want to receive any information, you can send an email to email@example.com.
In order to achieve an optimum provision of the services at Users’ disposition, it is necessary to complete every data requested by the Site. If you don’t provide all required data, BANANITOS doesn’t guarantee you that the information and the services requested can be provided, even if those have been provided in a proper way or they adapt to Users’ needs.
2.2.Prohibition of registration for minors
Minors under the age of 14 are prohibited from providing their personal data to BANANITOS without the previous consent of their parents or guardians. If you are a minor, please ask your parents to contact us.
2.3. Exercise of rights
The Users can exercise their rights of access, rectification, cancellation and disagreement specified in PPDA, by means of a written statement addressed to BANANITOS, calle García Lorca s/n p28, Umbrete, 41806 Seville; or by email to firstname.lastname@example.org. In both cases, the interested Users will have to attach a copy of their identification card, passport or any other document valid for their identification.
2.4. Cookies Policy
When the Users browse the Web Site, the server automatically recognizes the IP address of their computer, the day and time they started and finished their visit, as well as information about the different sections consulted. It is necessary for the server to know these data in order to be able to conect and send the request, as well as to be able to see it on the screen.
BANANITOS uses the following types of cookies:
Session cookies: their use is essential for the functioning of an e-commerce web, for example, for the functioning of the shopping cart.
Analytic cookies: they are served by third parties (for example, Google Analytics). They help us to understand the behavior of web’s visitors in a better way, always presented on an aggregated basis, without analyzing users in a one-to-one basis.
Marketing cookies: they are served by third parties (for example, Google Awards) to let BANANITOS showing, in third party content networks, our own ads to visitors who have already visited our site.
Social networks cookies: they are served by third parties (social networks like Facebook and Twitter) in order to add social functionalities to our site
3.1. Access to the Site
The access to the Site is free of charge, except for the cost of the connection established through the telecommunications network available by the user.
The registration of the User could be necessary to consult some contents of the Site. However, being registered is not a condition for the Users when they browse certain sections of the Site.
The data given by the Users during the process of registration should be correct, updated and real. The Users must keep their password confidential at any moment, as they will be responsible for any damage which could come from a bad use, as well as responsible for the transfer, revelation or loss. Therefore, the access to restricted areas and/or the use of services and contents under a registered User’s password will be considered as made by the User himself, who will be liable, in any case, for that access and use.
If personal data of a third-party are provided during the registration and the present general conditions are accepted, the Users agree they have the consent of the third-party to use his data.
3.3. My account
Once the Users are properly registered in the site, they have access to “My Account” at any moment. Thanks to “My Account”, the Users can modify their personal data or their address data, as well as check if they have delivery backlogs.
The section “My Account” also allows the User to see if there is some gift voucher available, download orders bills, know if there are User’s friends registered in BANANITOS under User’s recommendation in the subsection “Invite friends”, and suspending their account at any moment if they express a reason to do so.
3.4. Invite friends
The Users could send information about BANANITOS to third-parties by means of a form including their friend’s name, their friend’s email address, and a message for this friend. If FERSHVANA’s users provide data of third-parties through the section “Invite friends”, they are confirming by marking the box “I express I have the consent of the person who is going to receive this email”, that they have the consent of that third-party to give his personal data to BANANITOS with the only purpose of sending him the information that his friend thinks could be of his interest. BANANITOS is not responsible for sending that information to the third-party.
The users are committed to hold harmless BANANITOS against any complaint, fine, punishment or penalty that could arise as a consequence of the breach of the consent request form, in which the User expresses the consent of the third-party to give his data
The users using this Site and its content and services are committed to act according to the Law and to these General Conditions. They are also obliged to an adequate use of the services and contents of the Site, without using them to do illegal activities which could pose a threat to the rights of a third-party or could violate the legislation against intellectual and industrial property, or any other applicable legal requirements.
The Users may not communicate, introduce, spread or put at disposal of third parties any type of material or information (data, contents, messages, draws, audio or image files, pictures, software, etc.) that could go against the Law and the present General Conditions. In an expository manner, and under no circumstances in a restrictive or discriminatory manner, the Users are committed:
I.- Not to introduce or spread contents or adds about racism, xenophobia, pornography, support to terrorism or which could pose a threat to the human rights.
II.- Not to introduce or spread through the Internet programs (virus and damaging software) which could cause damage to the computer systems of the supplier, his providers or other Users of the Internet.
III.- Not to spread, transmit or put at the disposal of third parties any type of information, element or content which could go against fundamental rights or public freedom recognized by the Constitution and by the international treaties.
IV.- Not to spread, transmit or put at the disposal of third parties any type of information, element or content which means unlawful or unfair advertising.
V.- Not to transmit any unsolicited or unauthorized advertisement, advertising material, “junk mail”, “chain letters”, “pyramidal structures”, o any type of requesting, with the exception of those areas ( such as commercial spaces) which have been created for that purpose.
VI.- Not to introduce or spread any information or contents which are false, ambiguous or inaccurate and which could lead information receivers into error.
VII.- Not to impersonate other users using their passwords to have access to the different services and contents of the Site.
VIII.- Not to spread, transmit or put at the disposal of third parties any type of information, element or content which could be an infringement of the intellectual property rights, patents, trademarks or copyright belonging to the owners of the Site or to third parties.
IX.- Not to spread, transmit or put at the disposal of third parties any type of information, element or content which could be an infringement of the confidentiality of communications and the legislation of personal data.
If BANANITOS’s user provided personal data of third parties through the option “Send to a friend”, he would be expressing that he has the consent of the third-party to give his personal data to BANANITOS with the only purpose of sending him the information that his friend thinks could be of his interest. BANANITOS is not responsible for sending that information to the third-party.
The users are committed to hold harmless BANANITOS against any complaint, fine, punishment or penalty that could arise as a consequence of the breach of the above rules by the User. Furthermore, BANANITOS reserves the right to seek compensation for damages.
3.6. Exclusion of responsibility
BANANITOS shall not be held responsible for the update of this Site to keep the information updated, nor guarantees that the information will be accurate or completed. Therefore, the User must verify that the information published is accurate and completed before making a decision related to any service or content explained in this Site.
The User’s access to the Site does not imply that BANANITOS is responsible for the control of viruses, worms or any other malicious computer element. In any case, it is the User who must possess the adequate tools for the detection and disinfection if malicious computer programs.
BANANITOS shall not be responsible for damages of any kind produced to the software and to the computer of the Users or third parties during the use of the services of this Site, as well as we shall not be responsible for damages produced to the User arising from failures in the connection to telecommunications networks that may result in discontinuation, cancellation or termination of the Site during the provision of the service or before.
3.7. Intellectual and Industrial Property
All the contents, texts, pictures, graphs, images, icons, technology, software, links and other audiovisual or audio contents, as well as their graphical layout and source codes, are the property of BANANITOS or property of a third-party. Under no circumstances will it be understood that the exploitation of these rights, recognized by the current intellectual property legislation, can be transferred to the User
The trademarks, commercial names or signs are the property of BANANITOS or property of a third-party, so the access to the Site will not give any right over them.
It is prohibited to use or adapt totally or partially BANANITOS’s content out of this Site: articles, recipes, pictures, documents, healthy ideas, or any other text or audiovisual content appearing in our Site.
4. Nullity and inefficiency of the clauses
If any clause in these General Conditions was declared fully or partially invalid or either ineffective, such invalidity will affect only that clause or part of it, prevailing the rest of term and conditions, and considering such clause as not included.
5. Applicable law
This General Conditions are governed by the laws of Spain. BANANITOS and the Users agree to submit any controversy which could arise from the provision of the products and services at these General Conditions to the jurisdiction of Seville, Spain, unless otherwise stated.