- General conditions of use and their acceptance.
1.1. The purpose of these General Conditions of Use is to regulate the provision of information and the commercial relations arising between Noel Alimentaria, S.A.U (hereinafter referred to as «NOEL») and the USERS of www.noel-usa.com(hereinafter referred to as the «Website”)
1.2. By browsing the Website, you acquire the status of USER and accept without reservations of any kind each and every one of these General Conditions of Use.
1.3. NOEL will not be held responsible, either directly or secondarily, for damages and losses of any type deriving from any use of the Website contrary to that set out in these Conditions of Use
1.4. NOEL may at any time and without prior notice modify these Conditions of Use, by means of publishing said modifications in the Website, so that they may be known to the USERS.
- Intellectual and Industrial Property Rights
2.1. This Website, including but not limited to its programming, editing, compilation, designs, logos, texts and graphics are the property of NOEL, and are protected by national and international regulations on intellectual property. Access by the USER to the Website does not confer the USER any right of property over these.
2.2. If you see any content in the Website which may infringe intellectual or industrial property rights, please inform NOEL of this at the earliest opportunity by sending an e-mail to the address [email protected]
- Public Liability
3.1. NOEL shall answer for any damages or losses which the USER may suffer as a consequence of using the Website when said damages are directly attributable to a wilful or negligent action by NOEL and no blame or negligence has concurred in the action of the USER. In no case will there exist wilful or negligent action on the part of NOEL when it proves that it has complied with the legally and statutorily established demands and requirements, as well as the other measures of care and diligence which the nature of the service demands.
3.2. NOEL does not in general control the use of the Website by the USERS. In particular, NOEL does not guarantee under any circumstance that the USERS use the Website and its tools in accordance with the law, these Conditions of Use, generally accepted morals and good habits and public order, neither that they do so in a diligent and prudent manner.
3.3. In the event that links or hyperlinks to other internet sites are made available in the Website, NOEL will exert no type of control over these sites and contents. In no case will NOEL assume any responsibility for the contents of any link pertaining to an outside website, nor will it guarantee the technical availability, quality and veracity of any material or information contained represented by the hyperlinks and other internet sites.
- Warranty exclusion
4.1. NOEL does not guarantee that the service is provided without interruptions in good time or that it is reliable or free or errors. NOEL does not guarantee that the Website and the server are free of viruses and takes no responsibility for possible damages or losses deriving from interferences, omissions, computer viruses or disconnections in the operating system of this electronic system, motivated by causes outside NOEL.
4.2. It is the responsibility of the USER to adopt all the appropriate technical measures to reasonably control these risks and avoid damage to their systems, loss of data and theft of confidential information. To this end, the USER must have updated systems for detecting malicious software, such as viruses, Trojans, etc., as well as having updated the security patches of the corresponding browsers used.
4.3. NOEL promises to make its best efforts to avoid any error in the content that may appear in the Website. In any event, NOEL will be exempt from any responsibility deriving from possible errors which may appear in the contents of the Website.
- Obligation of the USERS
By way of information, and in no case limiting or excluding, the USER promises:
5.1. Not to enter, store or disseminate in or from the Website any information of a defamatory, injurious, obscene, threatening, xenophobic nature which may incite violence or discrimination by reason of sex, ideology, religion or which in any way undermines morals, public order, the fundamental rights, public freedoms, honour, privacy or image of third parties and in general the regulations in force:
5.2. Not to enter, store or disseminate in or from the Website any content that infringes intellectual and industrial property rights, the secrecy of communications and the legislation protecting personal information.
5.3. Not to enter, store or disseminate by means of the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device which may be susceptible to causing harm to the Website, to any USER, to NOEL’s suppliers or in general to any third party, or to impeding the normal functioning of these;
5.4. Not to destroy, employ for their use, disable or damage the data, information, programs or electronic documents of NOEL, its suppliers or third parties;
5.5. It is prohibited to use deep links, pagescrape (data extraction), robots, spiders or other automatic devices, programs, algorithms, methodologies or similar manual processes to access, acquire, copy or follow up of the site or its contents for the purpose of obtaining or attempting to obtain materials, documents or information not available through it.
5.6. It is prohibited to explore, scan or assess the vulnerability of the Website or of any network connected to it, as well as to disrupt the security or authentication measures of the site or of any network connected to it.
It is not permitted to trace or search for the details of users, visitors to the Website or other NOEL customers, including the accounts of other USERS. Neither is it permitted to exploit in any way the Website or any other service or information available or offered through it for the purpose of revealing information, including but not limited to personal identification or information that is not its own provided by the Website.
5.7. The USER accepts not to carry out any action which may cause disproportionate or unnecessary saturation in the infrastructure of the Website or in NOEL’s systems or networks, as well as in the systems and networks connected to the Website or to NOEL.
- Data Protection
6.1. In accordance with that set out in Organic Law 15/1999on Protection of Personal Information, the personal details compiled by NOEL will be entered in an automated file under its own responsibility for the purpose of processing the order and sending offers on other products, services, promotions, innovations and other information about NOEL which may be of interest to the USER.
6.2. If the USER does not wish to receive commercial communications by electronic means, they can mark the box indicated in the contact form or write to NOEL at any time using the following e-mail address: [email protected] The USER also has guaranteed the possibility of exercising their rights of access, cancellation, rectification and opposition by writing to the following address: Pla de Begudà, s/n, 17857 – Sant Joan les Fonts, Girona, enclosing a photocopy of their National Identity Card.
6.3. As long as they do not inform us to the contrary, we will understand that the USER’s details have not been modified. The USER undertakes to notify NOEL of any modification to their personal details.
In general, to make use of the services offered by the Website, minors must have previously obtained the permission of their parents, tutors or legal representatives, who will be responsible for all actions performed through the Website by the minors in their charge.
In those services where it is expressly indicated or is determined by law, access will be restricted singly and exclusively to persons over 18 years old.
- Duration and termination
The sale of goods, as well as the provision of services and contents of the Website has an undefined duration. Notwithstanding the above, NOEL is unilaterally empowered to terminate, suspend or interrupt, at any time and with no need for prior notice, the Website and/or any of the services.
- Applicable law and jurisdiction
All matters relating to this Website are governed by Spanish laws and are subject to the jurisdiction of the competent Courts and Tribunals of Girona (Spain).