Disclaimer
The Internet domain www.frutasberi.com is owned by the company FRUTAS BERI, S.A., domiciled at c/ Brazal Nuevo, nº 2 A, Beniel, -30.130-, Murcia (Spain) with Spain’s Corporate Tax ID Number A-30070742 and registered in the company registries of Murcia, Book 234, Section 3ª, Sheet 153, Entry 4282, Inscription 1ª Murcia, 29/12/83 nº IV ESA 30070742.
1. Use of this Website:
These General Conditions regulate the functioning of www.frutasberi.com, a website which FRUTAS BERI, S.A. makes available to users with the prime aim of informing on its products and who we are. The use of this website attributes the status of User, and implies full acceptance by the User of all the Conditions of Use of the Website in force when he or she accesses it. Consequently, if the User does not agree with any of the conditions laid down herein, he/she should not use this Website.
In like manner, the user undertakes not to use the website www.frutasberi.com and the information published in it, for illegal purposes or effects, contrary to the contents of these General Conditions, that might injure the rights or interests of third parties, or which may in any way damage, render useless, overload, deteriorate the website or information provided in it or impede the normal use or enjoyment of the website by other users.
The User shall refrain from obtaining information, messages, graphics, drawings, sound and/or image files, photographs, software and, in general, any class of accessible material through the website or its services, using means other than those that have been made available to users, or, in general, those that are regularly used on the Internet.
2. Right to modify the Website, right to restrict access to the Website and right to suspend the operability of the Website:
FRUTAS BERI, S.A. reserves the right to modify the presentation or configuration of the website at any time, without prior notice, and also the information, services, the present Conditions of Use of the Website, or any other applicable general or specific conditions, instructions or notices. These modifications shall aim to improve User services, in line with existing market trends. In addition, FRUTAS BERI, S.A. reserves the right to suspend, interrupt or leave the Website inoperative, or to restrict its access, partly or completely, individually or collectively, temporarily or finally, at any time.
3. Web surfing cookies:
3.1. What are Cookies?
Cookies are small data files sent to the User’s computer, smartphone or device used to visit a website, with the aim to obtain browsing information or a code identifying the user uniquely.
3.2. Types of cookies and intended usage.
Session cookies and persistent cookies are used to surf this website. Such cookies can be ours (first party) or belong to third parties.
Session cookies, designed to gather and store data when users access a website, are commonly used to store information which is only relevant for providing the service required by the user once.
On the contrary, persistent cookies enable data storage in the device. The cookie manager can access and process such data for a period ranging from minutes to several years.
FIRST-PARTY COOKIES: Created or managed by the FRUTAS BERI, S.A. website manager. The www.frutasberi.com website uses first-party persistent cookies with the following aim:
- _FBCOOKIE: It detects whether the website disclaimer was accepted. Duration: 7 days from the time of acceptance.
These cookies are responsible for identifying the user’s browser language to determine which language the website should be displayed in:
- _icl_current_language: It defines the existing website language. Duration: 1 day.
- _icl_visitor_lang_js: It identifies the visitor’s browser language. Duration: 1 day. wpml_browser_redirect_test: It checks if browser cookies are enabled. Duration: Until the end of the session.
Technical cookies:
They allow users to surf the website, platform or application as well as to use available website options or services, such as controlling data traffic and communication, identifying the session, accessing restricted access areas and using security elements when browsing.
Customization cookies:
These cookies allow users to specify or customize some features of the general website options, including language, wallpaper, favorite sections, browser selected to access the service, etc.
Analysis cookies:
They enable monitoring and analyzing website user behavior with the aim to create browsing profiles and improve available products and/or services based on user data analyses.
THIRD-PARTY COOKIES: They are managed by providers of technical services, analyses, social networks, customization, publicity and behavioral publicity of parties external to FRUTAS BERI.
Google Analytics cookies used for website analysis:
- __utma: Used to differentiate between users and sessions. The cookie is created when the JavaScript library is run and there is no __utma cookie. The cookie is updated every time data is sent to Google Analytics. Duration: Two years from the date of configuration or update.
- __utmt: Used to limit the percentage of requests. Duration: 10 minutes.
- __utmb: Used to determine new sessions or visits. The cookie is created when the JavaScript library is run and there is no __utmb cookie. The cookie is updated every time data is sent to Google Analytics. Duration: Thirty minutes from the time of configuration or update.
- __utmz: It stores the traffic source or campaign which explains how the user arrived to the website. The cookie is created when the JavaScript library is run and gets updated every time data is sent to Google Analytics. Duration: Six months from the time of configuration or update.
- __utmv: It is used to store data of customized visitor variables. This cookie is created when a programmer used the _setCustomVar method with a customized visitor variable. In the past it was also used for the now removed _setVar method. The cookie is updated every time data is sent to Google Analytics.Duration: Two years from the date of configuration or update.
The following are third parties which can set and access Cookies (subject to information and consent) in your device as well as define the usage purpose of cookie-stored information:
Technical: They allow users to surf the website, platform or application as well as to use available website options or services, such as storing contents to play videos or sound or sharing contents via social media.
• Twitter More information
• Google More information
• Linkedin More information
• Facebook More information
Customization: It allows users to specify or customize some features of general website options. More specifically, preferred user language, number of search results displayed per page, activation of Google’s SafeSearch filter, search engine used to access, as well as preferred user video volume options.
• Facebook More information
• Google More information
• Twitter More information
Analysis: They enable website user behavior monitoring and analysis with the aim to create browsing profiles and improve available products and/or services based on user data analyses.
• Adobe Analytics More information
• Twitter More information
Publicity: They enable the management of advertising spaces in the website, application or platform used to provide the service according to criteria such as the edited content and frequency with which ads are shown.
• Facebook More information
Behavioral publicity: These cookies store user’s behavioral information obtained through continuous observation of browsing habits to develop a specific publicity display profile based on such habits.
• Google More information
• Doubleclick More information
• Criteo More information
Users can revoke their consent for cookies usage in their browser by modifying browser options or installing an opt-out system through the links of third parties which install cookies in this website:
• Adobe Analytics: More information
• Google: More information
• Google (behavioral publicity): More information
3.3 Deactivation or elimination of Cookies.
Most web browsers enable the management of User preferences on Cookies usage at any time. Users can adjust their browser so that is rejects cookies or eliminates specific Cookies as desired.
User Cookies setting can be accessed as follows:
Google Chrome: Tools → Settings → Show Advanced Settings → Content Setting→ Cookies → Block third party cookies and site data
Mozilla Firefox: Tools → Options → Privacy→ History→ Use custom settings for history (uncheck all boxes)
Internet Explorer: Tools → Internet Options → Privacy→ Internet Settings (rise the navigation toolbar to the Block all cookies option).
Safari: Edition → Preferences → Privacy → Block cookies (select “always”).
Opera 19: Menu → Settings → Privacy and security → Cookies Section (select Block third party cookies and site data).
Users can revoke their consent to the use of cookies in their browser by following the previous instructions.
Users should take into account that some content features of the www.frutasberi.com website are only available if cookies installation in their browser is allowed. If users decide to block or not to accept specific Cookies (depending on their purpose), normal website operation could be totally or partially affected, or access to some website services could be disabled.
3.4. Updates and changes to the Cookies Policy.
FRUTAS BERI could modify this Cookies Policy to comply with new regulatory requirements or with the aim of adapting such policy to instructions received from the Spanish Data Protection Agency.
In case of significant changes to this Cookies Policy, users would receive an information notice in this website.
4. Access and use of the website is free:
The website service provision by the user is free and requires no prior subscription or registration. Registration is only required when the user wants to contact us. Users contacting us via e-mail will be asked for their email so that we can respond to them.
5. Links.
The Website may possibly at times offer the user technical link devices (links, banners or buttons), directories and search tools allowing users to access websites belonging to and/or managed by third parties. FRUTAS BERI, S.A. does not offer or market on its own or by means of third parties, the services available at the linked sites, or control, exercise supervision or approve the products, services, contents, information, data, files and any other class of material in these linked sites. FRUTAS BERI, S.A. therefore declines any responsibility regarding the information that falls outside this Website and which is not managed directly by www.frutasberi.com .
If the User wants to establish a link, or make any similar action with regard to the Website, this should be previously authorized by FRUTAS BERI, S.A. Any other use, assignment to third parties, communication and disclosure of the full or partial, public or private Contents is forbidden. FRUTAS BERI, S.A. reserves the right to exercise the respective civil and criminal legal actions to demand compliance with this clause and to claim for damages.
6. Intellectual and Industrial Property Rights.
The User acknowledges and accepts that all Industrial and Intellectual Property rights on the Contents and/or any other elements inserted in the Website (including, without limitation, trademarks, logotypes, trade names, texts, images, graphics, designs, sound, databases, software, flow charts, presentation, look-and-feel, audio and video), are the property of FRUTAS BERI, S.A. and/or third parties. In no event does access to the Website imply any kind of waiver, transmission, license or total or partial cession of such rights, unless otherwise expressly established.
7.Exclusion of guarantees and responsibility.
7.1. Of functioning of the Website.
FRUTAS BERI, S.A. does not guarantee the availability and continuity of the functioning of the Website and shall in no event be held liable for damages or losses that might be derived from (i) lack of availability of or accessibility to the Website or those other sites with which a Link has been established; (ii) interruption in the functioning of the Website or computer faults, telephone failures, disconnections, delays or blocking caused by deficiencies or overloads on the telephone lines, in the Internet system or in other electronic systems produced in the course of its functioning; (iii) lack of suitability of the Website for the specific needs of the Users and (iv) other damages that might be caused by third parties through unauthorized intromissions outside the control of FRUTAS BERI, S.A.
FRUTAS BERI, S.A. does not guarantee the absence of virus or any other element in the Website introduced by outside third parties that may produce changes in the Users’ physical or logic systems or in the electronic documents and files stored in their systems, and shall in no event be responsible for damages or losses that might be derived from the presence of virus, malware or other elements that could produce alterations in the physical or logic systems, electronic documents or User files. FRUTAS BERI, S.A. adopts various protection measures to protect the Website and Contents against hackers. However, this does not guarantee the unauthorized access by third parties to the type of Website use made by the User or to the conditions, characteristics and circumstances in which that use is made. FRUTAS BERI, S.A. shall consequently in no event be responsible for damages or losses derived from such unauthorized access.
7.2 For the use of the Website.
FRUTAS BERI, S.A. shall in no event be responsible for the use that users and/or third parties may make of the Website, or for any damages arising therefrom.
7.3 For the Contents.
The Contents of the Website are the sole property of FRUTAS BERI, S.A. and are made available by it in good faith and with the best professional quality standards. However, FRUTAS BERI, S.A. excludes any kind of liability for damage of any nature that might be due to lack of truthfulness, accuracy and/or current importance of the contents of the website www.frutasberi.com .
8. Partial nullity.
Should any of these general conditions be declared null, invalid or ineffective, this shall not affect the validity or effectiveness of the other clauses that shall continue to be binding between the parties. The waiver by any of the parties to demand the compliance at a given time of any of the conditions stipulated herein, shall not imply a general waiver to comply with the other condition or conditions, nor shall it create an acquired right for the other party.
9. Applicable law and jurisdiction.
The provision of the Website service and present Conditions of Use of the Website are governed by Spanish law. For any disagreements in the performance, interpretation, fulfillment of these Conditions, or in the relations between the User and FRUTAS BERI, S.A., both parties expressly waive any other privileges that might correspond to them and agree to submit to the jurisdiction and exclusive competence of the Law Courts and Tribunals of Murcia.
10. Privacy and confidentiality protection policy of the personal information that the users freely and voluntarily provide:
In accordance with Spain’s Organic Law on Personal Data Protection, we inform you that the personal data you voluntarily provide us will be stored into a computerized file registered in the General Data Protection Register under number 2021150156.
Personal data automatically gathered and processed in the Website has the sole aim of providing users with the information requested via our contact form or an email.
The personal information gathered will be solely received by the departments of FRUTAS BERI, S.A. and applicable collaborating organizations in order to carry out their role and social purpose (they only access data under the conditions laid out in Art. 12 of Spain’s data protection Law, without being considered under any circumstances an act of data communication), as well as ceded to official public and private agencies only under the requirements specified by law. Spain.
All fields marked with an asterisk (*) in the on-line form have to be filled in before your inquiry can be addressed. If the user contacts FRUTAS BERI, S.A. via any of the email links included in our website, we would only need the user to provide us with his/her email address. Providing the rest of information will be the decision of the user.
The User’s exercise of rights of access, cancellation, rectification and opposition is guaranteed for the user personal data included in our file. To do so, the user will send his/her request to the electronic mail frutasberi@frutasberi.com or to the mail address c/ Brazal Nuevo, nº 2 A, Beniel, -30130 -, Murcia (Spain).
The Website www.frutasberi.com has adopted the necessary technical and organizational measures, according to the level of data protection safety that legally corresponds to the user, to guarantee the processing safety of the personal information that makes up the automated file of the user. The User should however be aware that the safety measures today on Internet are not impregnable and consequently you are not safeguarded from possible illegal intromissions and hackers, for which FRUTAS BERI, S.A. shall not be held responsible, because it has acted with the due diligence to protect the information as determined by law.
The Website www.frutasberi.com will do everything possible to keep your information updated at all times. However, the responsibility for data quality depends on its owner. Therefore, any modification in the User’s data, should be notified to the File Manager, who declines any responsibility if the User omits his/her obligation to notify such changes.