TERMS OF USE

Access, navigation and use of the websites www.bacalaogiraldo.com and www.giraldotiendaonline.com (hereinafter, the “Website”) implies the knowledge and acceptance of the present Terms of Use, whose terms have the same validity and effectiveness as any written and signed contract.

Compliance with these Terms of Use shall be enforceable against any person accessing, browsing or using the Website. If you do not agree to the terms set forth hereunder, do not access, browse or use any page of the Website.

1. COMPANY DETAILS

Owner: Bacalao Giraldo, S. L. (hereinafter “GIRALDO”, “we”, “us” or “our”)

Registered address: Polígono Industrial de Goiain, Avenida de San Blas 7, 01170 – Legutio (Spain).

CIF: B-01161264

Public Registry: Registro Mercantil de Vitoria, Hoja VI 3792, Folio 82, Tomo 653, libro 0, Sección 1ª.

Telephone: +34 945465673

E-mail: giraldo@bacalaogiraldo.com

2. PURPOSE AND SCOPE

The present Terms of Use regulate access, navigation and use of the Web Site, without prejudice to the fact that the purchase of our products, as well as access to certain services, may be subject to specific terms and conditions, which will, in any case, be clearly shown and must be expressly accepted by the users. These terms and conditions may replace, complete or, where appropriate, modify these Terms of Use.

GIRALDO reserves the right to modify the terms stipulated herein, in whole or in part, by publishing any changes in the same way as these Terms of Use appear or through any type of communication addressed to users.

3. REGISTERED USERS

The user will be able to request the creation of a profile with restricted access from where he/she may enjoy certain services. The creation of a profile is free of charge thouh the user will be requested to provide certain personal data, which will be used pursuant the terms of the Privacy Policy.

In this regard, the user will be solely responsible for the truthfulness and accuracy of the data, and shall inform GIRALDO of any updates as soon as possible.

Identification codes and passwords are personal and non-transferable, and the user is responsible for their safekeeping. Likewise, the user shall refrain from using them for purposes that are illicit or contrary to the provisions of these Terms of Use. The user may at any time unsubscribe from the Website, which will in no case have retroactive effects, by notifying the Customer Service Department through the channels indicated above.

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4. INTELLECTUAL PROPERTY RIGHTS

GIRALDO owns or, where applicable, holds the corresponding licenses to the rights to use the intellectual property of the Website, as well as the intellectual and industrial property rights to the information, materials and content of the Website, including, but not limited to, trademarks, trade names and other distinctive signs, images, photographs and videos, and texts written in any language, including programming codes.

Under no circumstances shall access, navigation and use of the Website by the user imply a waiver, transmission, licence or total or partial assignment of such rights by GIRALDO, and in particular it is prohibited to modify, copy, reproduce, communicate to the public, transform or distribute, by any means and in any form, all or part of the content included in the Website, for public or commercial purposes without the prior, express and written authorisation of GIRALDO or, where applicable, of the owner of the corresponding rights.

However, the user is granted a right to use the content and/or services of the Website within a strictly domestic environment.

In the event that the user sends information of any kind to GIRALDO through any of the channels provided for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual property rights, commercial secrets, confidential information or any other rights of third parties, and that said information is not confidential or harmful to third parties.

The user acknowledges responsibility, leaving GIRALDO unharmed, for any communication supplied personally or in his/her name, and agrees to accept this responsibility without any restriction as to its accuracy, legality, originality or ownership.

5. LINKS

5.1. Links to other websites

If the Website displays links to other websites by means of buttons, links, banners or embedded content, GIRALDO informs you that these sites are directly managed by third parties and that GIRALDO has neither the human nor the technical resources to know in advance and/or control and/or approve all information, content, products or services provided by the websites to which links may be established from this Website.

Consequently, GIRALDO cannot assume any responsibility for any aspect of the website to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its links and/or any of its content, in general.

In this regard, if users become aware that the activities carried out through these third-party websites are illegal or contrary to morality and/or public order, they should immediately inform GIRALDO so that an assessment can be made as to whether it is necessary to disable the link to the website, which, if applicable, will be done as soon as possible.

In any case, the establishment of any kind of link from the Website to another website does not imply that there is any kind of relationship, collaboration or dependence between GIRALDO and the person responsible for the other website.

5.2. Links on other websites to the website

GIRALDO does not authorise the establishment of links to the Website from other websites containing materials, information or contents that are illicit, illegal, degrading, obscene

or, in general, that contravene the law, morals or public order, or the generally accepted social rules.

GIRALDO has no power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the present Website. GIRALDO assumes no responsibility for any aspect of the websites that establish such links to the Website, specifically, but not limited to, their operation, access, data, information, files, quality and reliability of their products and services, their links and/or any of their content, in general.

6. CONDITIONS OF USE OF THE WEBSITE

It is not allowed and, therefore, its consequences will be the sole responsibility of the user, to access or use of the Website for illegal or unauthorised purposes, with or without economic purpose, and more specifically, as an example, but not limited to, is prohibited:

1) To use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in a third party’s computer;

2) To use the Website for the transmission, installation or posting of any viruses, malicious code or other harmful programs or files

3) To use the Website to collect personal data from other users;

4) To register or communicate with GIRALDO through the Website under a false identity, impersonating a third party or performing any other action that may induce confusion about the identity of the origin of a message;

5) To access without authorisation to any section of the Website, to other systems or networks connected to the Website, to any GIRALDO server, or to the services offered through the Website, by means of pirating or falsification, extraction of passwords, or any other illegitimate means;

6) To breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the content offered on the Website;

7) To take any action that causes disproportionate or unnecessary congestion on the infrastructure of the Website or GIRALDO’s systems or networks, or on the systems and networks connected to the Website; or

8) To prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functions, either by altering or trying to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the results and/or using fraudulent methods of participation, by means of any procedure, and/or by means of any practise that attempts or violates in any way these Terms of Use.

Similarly, the Website has contact and forms, comments spaces and links to GIRALDO’s social network profiles, where users can post comments and content.

In this regard, we inform you that when the user posts comments or other content on the Website or any of GIRALDO’s social network profiles, the rest of the users will be able to access and use all the content published by the user. GIRALDO cannot control what use other people will make of this content, and therefore cannot be held responsible for it.

Please note that GIRALDO does not previously control the content published by users on the Website or in their social network profiles, and therefore assumes no responsibility for this content. Nevertheless, GIRALDO reserves the right to supervise and/or moderate any content published by users and, should any of these violate these Terms of Use, to edit or remove it. Likewise, if you find any information or content on the Website that may be

inappropriate, contrary to current regulations or contrary to the conditions set out on the Website, please inform GIRALDO immediately by the channels provided herein.

In particular, it is strictly forbidden to publish content:

1) That they may be considered as a violation in any form of the fundamental rights to honour, personal and family privacy or to the image of third parties and, in particular, of minors;

2) That include or link to photographs that collect images or personal data of third parties without having obtained the appropriate consent of the owners;

3) That violates the secrecy of communications or that involve an infringement of intellectual property rights or of the rules governing the protection of personal data;

4) That contains any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;

5) That contain “spam” and/or links to sites unrelated to the corresponding space;

6) That include advertising or commercial communications for the emission of messages with advertising purposes or for the collection of data for the same purpose.

Failure by the user to comply with any of these conditions may result in the adoption by GIRALDO of appropriate measures in the exercise of its rights or obligations and may result in the user being denied access to the Website or the possibility of participating in the spaces provided therein, without the possibility of compensation for any damages caused.

7. RESPONSIBILITIES AND GUARANTEES

GIRALDO cannot guarantee the reliability, legality, usefulness, currency or veracity of absolutely all the information and/or services on the Website, nor the usefulness or veracity of the documentation made available through it.

Consequently, GIRALDO does not guarantee or accept responsibility for: (I) the continuity of the content of the Website; (II) the absence of errors in said content; (III) the absence of viruses and/or other harmful components in the Website or in the server which supplies it; (IV) the invulnerability of the Website and/or the impossibility of violating the security measures adopted in the Website; (V) the lack of usefulness or performance of the content of the Website; and (VI) the damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions established by GIRALDO on the Website or through the violation of the Website’s security systems.

Nevertheless, GIRALDO declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to reduce system errors to a minimum, both from a technical point of view and in terms of the content published on the Website.

GIRALDO shall not be responsible for the accuracy, integrity or updating of information published on the Website from sources other than its own (external news, reports from external professionals, etc.), nor for the information contained in other websites accessed via links from the Website.

Should the user become aware of the publication of any inaccurate, out-of-date or false information, or of the existence of any unlawful content or which may constitute an infringement of intellectual or industrial property rights, of applicable regulations regarding the protection of personal data and/or of any other right, the user must immediately notify GIRALDO so that it may take the appropriate measures.

8. PRIVACY AND COOKIE POLICY

In accordance with the provisions of the current and applicable legislation on the protection of personal data, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy which every user must expressly accept in order to use and register on the Website.

Any user who accepts these Terms of Use expressly and unequivocally accepts our Privacy Policy or may exercise the rights that correspond to him/her in this matter, as informed therein.

The user is also informed that GIRALDO has access to information about their browsing habits and their use of the Website in accordance with the Cookies Policy.

9. APPLICABLE LAW AND COMPETENT JURISDICTION

These Terms of Use are governed by Spanish law. The parties expressly submit themselves to the courts and tribunals of Vitoria-Gasteiz for the resolution of any conflicts and renounce to any other jurisdiction.

To file a complaint regarding the use of our services, you may send a mail to the e-mail address or physical address indicated at the beginning, and we commit to seeking an amicable solution to the conflict at all times.

Last updated: 7 July 2020

2020 BACALAO GIRALDO, S. L. All rights reserved.