Object and scope

The purpose of these General Terms and Conditions is to regulate the terms and conditions in which the products are provided (hereinafter, the “Products”) listed on the Web Portal www.gescodata.com (hereinafter, the “Web Portal” ). These General Conditions of Contract are intended to regulate the terms and conditions in which the products are provided (hereinafter, the “Products”) listed in the www.gescodata.com, as well as these terms contractual conditions, without objection or reservation of any kind. The territorial scope of application of these General Conditions of Contract shall be the Iberian Peninsula and the Balearic Islands. The Canary Islands, Ceuta and Melilla are excluded.

In accordance with the provisions of the current regulations, these General Conditions will always be available on the Web Portal in Spanish, so that they can be consulted, archived or printed at any time. GESCODATA S.L. recommends that your Customers carefully read these General Conditions before contracting and before accepting them.

These General Conditions have been developed in accordance with the provisions of Law 34/2002, Services of the Information Society and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16, which approves the text general Law for the Defense of Consumers and Users, Organic Law 15/1999, of December 13, on the Protection of Personal Data and other complementary laws, as well as any legal provisions that apply.

All questions related to the management that GESCODATA S.L. performs on the personal data of its Clients, are duly regulated in the Privacy Policy and the Cookies Policy of GESCODATA S.L.

Exclusions

or it will be possible to process orders through the Web Portal registered users of legal age (18 years). The customer (hereinafter, the“Customer”)who makes use of the Web Portal guarantees that he/she has at least that age, as well as the veracity of the set of registration data provided to www.gescodata.com. In any case, the Client will be solely responsible for any false or inaccurate statements made and for the damages caused to GESCODATA S.L. or to third parties for the information you provide. Likewise, it is totally forbidden to resell to third parties the products purchased through the Web Portal.

The language in which the contract between GESCODATA S.L. and the Client is Spanish, and where appropriate, the relevant language according to the Client’s nationality.

In the event that the Client made an error when sending the data, they may modify them in the “My Profile” section at any time. In the event that it is an error that occurs during the contracting process, it can be corrected at all times before the end of the purchase process.

Prices

The prices applicable to each product are those indicated in the Web Portal including all of them VAT (Value Added Tax), but shipping costs are excluded, which will be added to the total amount due. In any case, the corresponding shipping costs are always indicated in the order before the end of the order, and the Customer must accept them previously.

The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer. The Web Portal contains a large number of products and it is likely that, despite the best efforts made by GESCODATA S.L. in making sure that all prices listed on the Web Portal are correct, errors occur. If the correct price of a product is lower than the price set in the Web Portal, the lower amount will be charged to the Customer.

Payment method

The Client may make the payment by transfer, with credit or debit cards and PayPal. Payment will be made through a Virtual POS, once all the credit card information is entered and once included, click on the “PAY” button. In the case of subscriptions, the amount will be charged to the credit or debit card each month. If your payment method is Paypal, the charge will be made at the time that GESCODATA S.L. Confirm the order through the “PAY” option.

Order processing and registration on our website

To make the purchase, the Customer must register in our Web Portal, providing for this purpose different personal data. In this sense, you can record an address for billing purposes other than the one entered in the previous step. Prior to the end of the purchase, the Customer will be informed about the exact amount of each of the orders, including the associated shipping costs and taxes applicable to each of them.

The acquisition of the products must be done through the activation of the “PAY” button that appears at the bottom of the purchase request page, and expresses the total acceptance of these General Contract Conditions prior to the acquisition of the products, without being applied the developments that may occur in the clause of the General Conditions later.

By registering on the Platform you will receive via email and with acknowledgment of receipt, username and password that will allow you to make purchases online. The access codes (username and password) are personal and non-transferable, being the Client’s obligation to ensure their custody, good use and integrity. Likewise, the Client is solely responsible for the choice, loss, theft or unauthorized use of any password or identification code and the consequences that may arise from it. GESCODATA S.L. reserves the right to cancel the username and password, and therefore access to the Platform and / or web portal of those users who maintain debit or unpaid balances.

In the “My orders” section, the Client may consult the orders made since the account was created.

Acceptation and acceptance test

As indicated in section 8 above, the purchase of the products must be done through the activation of the “PAY” button that appears at the bottom of the purchase request, and expresses the total acceptance of these General Conditions of Sale Hiring

From the moment of acceptance, the user acquires the status of Client of GESCODATA S.L. described in these General Contracting Conditions. Any product or service offered by GESCODATA S.L. must be subject to a new contract. If the Client wishes to read the General Contract Conditions more carefully, he can print on paper or save the document in electronic format.

GESCODATA S.L. will send to the Client, once expressly accepted the present General Conditions of Contract, justification of the contracting carried out, with all its terms, through email, or certified mail with acknowledgment of receipt before 24 hours of the purchase. GESCODATA S.L. informs you that you file the electronic documents in which purchases are formalized.

Cancellation and withdrawal of order

CANCELLATION OF ORDER: GESCODATA S.L. guarantees the Customer the possibility of canceling his order at any time and without any cost provided that the cancellation is communicated before the order has been made available to the carrier for shipment.

EXERCISE OF THE RIGHT OF WITHDRAWAL: It is expressly informed that, due to the special characteristics of the products offered on the Platform, as they are perishable fresh products, fresh products subject to an expiration of less than 5 days from their elaboration, the purchases made will not remain subject to the right of withdrawal, in accordance with the provisions of article 103, section “d)”, of Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for Defense of Consumers and Users.

Personal data and communications

We process information about you in accordance with our privacy policy. By using our Web Portal, you accept such processing and guarantee that all data provided is accurate. Please see our privacy policy for more information.

Intellectual and industrial property

The intellectual and industrial property rights over creations, brands, logos, and any other subject to protection, contained in the Web Portal of GESCODATA S.L. correspond exclusively to GESCODATA S.L. or to third parties that have authorized their inclusion in the Web Portal. The unauthorized reproduction, distribution, commercialization or transformation of such creations, brands, logos, etc. constitutes an infringement of the intellectual and industrial property rights of GESCODATA S.L. or the holder of the same, and may give rise to the exercise of any judicial or extrajudicial actions that may correspond to them in the exercise of their rights.

Likewise, the information to which the Client can access through the Web Portal, may be protected by industrial, intellectual or other property rights. GESCODATA S.L. You will not be liable under any circumstances and under any circumstances for violations of such rights that you may commit as a Client.

Responsibilities of GESCODATA S.L.

GESCODATA S.L, guarantees the quality of the service contracted through the Web Portal. All rights that the laws in force guarantee to consumers and customers are guaranteed. Failure to comply with the General Contract Conditions may result in the return of the products or the cancellation of the Services acquired by the Client.

Customer Responsibility

The Client undertakes to make a lawful use of the Services, without contravening the current legislation, nor injuring the rights and interests of third parties. The Client guarantees the veracity and accuracy of the data provided by completing the contracting forms, avoiding the cause of damages to GESCODATA S.L., product of the incorrectness thereof. Failure to comply with the General Contracting Conditions may result in the withdrawal or cancellation of the Services by GESCODATA S.L. without prior notice to the Client and without giving it the right to compensation.

Assignment of rights and obligations

These General Contract Conditions are binding for both the Client and GESCODATA S.L. may transfer, assign, encumber, subcontract or in any other way transfer the General Contracting Conditions or any of the rights or obligations derived therefrom, at any time during the term of the General Contracting Conditions. For the avoidance of doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, the Client has as a consumer recognized by Law, will not void, reduce or otherwise limit the express and tacit guarantees, which GESCODATA SL I could have granted nor that the laws in force grant to the Clients and Consumers.

Written communications

The applicable regulations require that part of the information or communications that GESCODATA S.L. send the Client in writing. By using this Web Portal, the Client accepts that most of said communications with GESCODATA S.L. being electronic. GESCODATA S.L. He will contact the Client by email or provide information by posting notices on the Web Portal. For contractual purposes, the Client agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that GESCODATA S.L. sends him electronically complies with the legal requirements of being made in writing. This condition will not affect the rights recognized to the Client by Law.

Notifications

The notifications that the Client sends GESCODATA S.L. should be sent to the address Parque de Oficinas Oeste, Edificio Quípar 3 30169 San Ginés (MURCIA) or through the following email address info@gescodata.com. In accordance with the provisions of clause 20 above and unless otherwise stipulated, GESCODATA S.L., may send commercial communications to the Client either by email or to the postal address provided by the Client at the time of placing an order. It will be understood that the notifications have been received and have been correctly made at the same time they are posted on the Web Portal, 24 hours after an email has been sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, it was properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , which was sent to the email address specified by the recipient.

Partial nullity

If any clause or provision of these General Contracting Conditions is declared null and void by firm resolution of a competent authority, the remaining terms and conditions will remain in effect, without being affected by said declaration of nullity.

Full agreement

These General Contract Conditions and any document referred to expressly in them constitute the entire agreement between the Client and GESCODATA S.L. in relation to the object of contracting.

Modifications of the general contracting conditions

These General Conditions will be in force during the time they are exposed in the GESCODATA S.L Web Portal, so that, as soon as they are modified or totally or partially updated, these conditions will no longer be in force, with the new General Conditions being the ones that pass to regulate the use of the Web Portal.

GESCODATA S.L., reserves the right to revise, modify or update these General Conditions at any time.

In any case, any modification, revision or update of these General Conditions will not affect the orders placed before the date of publication in the Web Portal of the new General Conditions, which will be governed by the version of the General Conditions in force in the moment of its acceptance by the Client, except that by Law or decision of the competent authorities GESCODATA S.L must make modifications retroactively, in which case, the possible changes will also affect the orders that the Customer had previously made.

If the Client does not agree with any of the clauses of these General Conditions, the Client must notify GESCODATA S.L, prior to acceptance, by email to the address info@gescodata.com. In case of being accepted by CENTRO INTEGRAL DE SALUD E IMAGEN VITA SL, the modifications proposed by the Client, GESCODATA S.L, will electronically send the Client a Particular Contract Conditions that include the changes that GESCODATA S.L would have considered appropriate to accept, if any.

Miscellaneous

These General Conditions have been subscribed electronically. GESCODATA S.L., will send an additional copy of these Conditions to the electronic address that the Client has indicated in the Web Portal, upon written request of the latter. In any case, the General Contract Conditions will be available to the Client in the Web Portal and / or in his User Account.

The modifications that GESCODATA S.L., may include in the General Conditions of Contract, will not affect under any circumstances the Conditions subscribed with the Client previously. In any case, the Customer, in subsequent orders, must know the General Conditions that are in force at any time, and must follow the stipulated procedure for placing orders.

The General Conditions will remain in force until all the obligations defined therein have been fully fulfilled.

The Client authorizes GESCODATA S.L. by means of these General Conditions, to assign at any time to a Third Party, the credit right that he holds in front of him.

Any correspondence sent by mail, with the exception of the Invoice, will be made by means of a certified letter or any other method reasonably valid for that purpose, and will be considered delivered after a period of seven (7) days from the date of issue.

In any case, and given that these General Conditions are subscribed telematically, the Client has perfect access to the Web Portal of GESCODATA S.L., also being able to access his own User Account for consultation.

Prior to the formalization of these General Conditions and after them, the rights and obligations of the Parties will be regulated by Spanish legislation, related to distance contracting, including also the Spanish Civil Code and the regulations regarding Protection of consumer rights.

Through the formalization of these General Conditions, the parties consider themselves duly informed of their rights and obligations, and therefore freely consent to them.