SPECIAL CONTRACTING CONDITIONS OF THE TASTINGIN SERVICE FOR SELLERS
1) CONTRACTING PARTIES
These conditions will apply between the owner or authorized representative (hereinafter the “SELLER USER”) of a business of production and / or distribution of gastronomic products and tasting provider (hereinafter, the “PRODUCT”), and TASTINGIN with the common objective of achieving (1) the promotion of the total or partial sale of the BUSINESS through the website www.tastingin.com (hereinafter “MARKETPLACE”) and (2) the satisfaction of potential buyers (hereinafter the “ BUYER USER ”), that is, to advertise and make the PRODUCT offered for sale better known and provide the best level of service to SELLER USERS or BUYER USERS. In attention to the BUYER USER, the SELLER USER and TASTINGIN we agree to build the best channel for promoting the PRODUCT that is offered for sale.
2) THE CONTRACT
The Contract between the SELLER USER and TASTINGIN is made up of the following documents, which as a whole will be considered as “the contract”:
2.1. These Terms of Service
2.2 The added value services that the SELLER USER contracts in our MARKETPLACE for application in the sale of their PRODUCT.
2.3. TASTINGIN’s General Legal Notice
2.4. Other conditions contained in the forms that must be completed to contract this service.
2.5. These Terms of Service will not apply to other services that are offered free of charge by TASTINGIN to the SELLER USER and / or the BUYER USER in the MARKETPLACE such as in an enumerative, but not limited, specific information, forums, to which in any case will apply the Legal Notice.
3) ACCEPTANCE OF THE CONTRACTING CONDITIONS
3.1. The SELLER USER, by accepting these Service Contract Conditions, will be able to access the added value services offered by TASTINGIN to promote the sale of the PRODUCT and will be expressly accepting the conditions set forth in the Legal Notice that must be read carefully before proceeding, as well as any of the forms that must be completed to contract this service (all jointly called “the Contract”).
3.2. Once the contracting process is completed, the SELLER USER will receive, at the email address indicated in the form, a confirmation of the contract, at any time the SELLER USER may access their sales announcements through the area of users.
4) VALUE ADDED SERVICES
The added value services for TASTINGIN sellers are detailed below:
4.1. The value added services for sellers have application exclusively on PRODUCTS that SELLING USERS or their legitimate representatives decide to put up for sale through the MARKETPLACE, App or any means that in the future is owned by TASTINGIN.
4.2. The SELLER USER must make the payment of 20% of the total amount of the PRODUCT by the means made available by TASTINGIN, which will be added to the sale price to the BUYER USER on the payment gateway, said amount arriving directly at the TASTINGIN bank account .
4.3. TASTINGIN will in no case have access to the bank data linked to the means of payment and does not know or record this data during the operation, except for those whose payment is made by credit card.
4.4. The right of withdrawal provided for in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, will not apply, the exception contemplated in Article 103 letter m) since the service contracted here has the nature of digital content and publication, that is, its execution has begun to be carried out with the prior consent of the User.
5) TASTINGIN’S OBLIGATIONS
5.1. TASTINGIN undertakes to give the SELLER USER access to the contents of the PRODUCT sales advertisement introduced by the latter and to make any changes to the same that the PRODUCT may request.
5.2. TASTINGIN will provide the SELLER USER with access codes to be able to directly modify the Contents of the PRODUCT sales announcement entered by the latter. The SELLER USER must guard and preserve the confidentiality of the keys and will be solely responsible for the use made of them.
5.3. TASTINGIN has adopted all technical and security measures in accordance with the state of technology, to keep the service available almost 100% of the time. However, due to the inevitable technical limitations, TASTINGIN will not be liable for any temporary interruption of the service
5.4. TASTINGIN reserves the right to make, with internal quality and control criteria, the selection of the PRODUCTS whose advertisements will be shown on the MARKETPLACE.
5.5. TASTINGIN will issue an invoice for the services provided to the SELLER USER if requested.
5.6. TASTINGIN has implemented a quality and control system for the PRODUCTS that appear on its online platform.
5.7. TASTINGIN makes recommendations and provides services directly to BUYERS USERS for a satisfactory sale, declaring in this sense the SELLER USER who declares to know and accept them.
5.8. TASTINGIN may make new recommendations or provide services and implement new control measures aimed at allowing a satisfactory and free sale of irregularities and fraud between BUYING USERS and SELLING USERS. Some of these present or future measures will require the SELLER USER to provide documentation regarding the veracity of the information they offer regarding the ownership, conditions and information of the PRODUCT to increase reliability. The SELLER USER agrees to provide such documentation at the request of TASTINGIN.
5.9. TASTINGIN allows and facilitates communication via email between BUYER USER and SELLER USER with the addresses provided by both.
5.10. TASTINGIN does not allow the publication of advertisements of any PRODUCT with explicit sexual content, betting and gambling, sales of illegal products, as well as anything that could be considered not to meet the quality criteria. In the event that such warning is generated or that the PRODUCT does not comply with any of the quality and internal control criteria, the PRODUCT may be immediately withdrawn from the online platform, and may be reinstated in the event that the SELLER USER certifies compliance with control requirements required by TASTINGIN.
5.11. In any case, TASTINGIN will not intervene nor be responsible for the contracting of services between the SELLER USER and / or BUYER USER and is not responsible for the decisions made based on the information provided by the online platform.
6) OBLIGATIONS OF THE SELLER USER
6.1. The SELLER USER accepts that TASTINGIN will receive a commission for the provision of its services (20% commission on the sale price of the PRODUCT).
6.2. The SELLER USER declares to have a legitimate title to the PRODUCT, where appropriate, its authorization and with all the licenses and administrative authorizations that may be necessary for the lawful development of the activity.
6.3. The SELLER USER must expose true, current and exact information on the characteristics of the PRODUCT that it offers on the online platform. The SELLER USER will be responsible for the information and Contents published by it and agrees to keep this data updated at all times.
6.4. The SELLER USER agrees to use photographs and content in the form of high quality text in its advertisements. In the text accompanying the PRODUCT, the SELLER USER must include specific characteristics of the PRODUCT, as well as detailed information about its return or cancellation policy, compensation for delays in shipping or provision of the service purchased by the BUYER USER, and deadlines for delivery and shipping.
6.5. The SELLER USER authorizes TASTINGIN to organize the information and Contents published by it, in order to streamline the use of the online platform and the information published about the PRODUCT.
6.6. To give the best service to the BUYER USER, the SELLER USER agrees to keep the PRODUCT information updated and to detail and expand, on request, by phone, mail or by any other means, the information published on the online platform.
6.7 The SELLER USER agrees to send the PRODUCT purchased by the BUYER USER within the terms stipulated on the TASTINGIN sales page.
6.8. THE SELLER USER, if the PRODUCT is a private virtual tasting, will contact the BUYER USER within 24 hours to specify the date and time of said tasting, providing a valid link for the virtual connection and ensuring its correctness. functioning.
7) INTELLECTUAL AND INDUSTRIAL PROPERTY
7.1. TASTINGIN is the owner of the intellectual and industrial property rights, or has obtained the corresponding authorizations or licenses for its exploitation, on the domain name, the trademarks and distinctive signs, the information, the database and the rest of works and inventions. related to the website, app, if applicable and the technology associated with it, as well as its contents.
7.3. In no way can the Content be used, reproduced, copied or transmitted in any way without the prior, express and written permission of TASTINGIN.
7.4. TASTINGIN is the owner of registered trademarks, whose exploitation rights belong exclusively to TASTINGIN.
7.5. The SELLER USER declares to have all the permissions and licenses of the images, distinctive signs and content that may be included in the content to be published by TASTINGIN, exonerating TASTINGIN from any responsibility in this regard.
7.6. The SELLER USER authorizes to reproduce, distribute and publicly communicate the photographs that he inserts in his advertisement for the dissemination of the content of the advertisements, as well as to add the watermarks of TASTINGIN in order to prevent these photographs from being used published by third parties. authorized.
7.7. Likewise, the SELLER USER grants TASTINGIN a use license for the sole purpose of providing the contracted service on the contents included in the website or App, in accordance with these contracting conditions of use.
8) PROTECTION OF PERSONAL DATA
8.1. TASTINGIN informs the SELLER USER of the existence of a personal data file that may contain personal data relating to his person obtained through the online platform and / or whose purpose is statistical, redefinition of services offered, security for the quality control and relationship maintenance and management
business and legal that links you with TASTINGIN, as well as, where appropriate, the sending of Newsletters (free subscriptions) and / or commercial or promotional communications.
8.2. The SELLER USER expressly accepts the inclusion of the data collected during browsing the online platform, or provided by completing any form, as well as those derived from the commercial relationship that it maintains with TASTINGIN, in the automated file of personal data. referred to above. During the data collection process, and in each place of the online platform where such data is requested, the SELLER USER will be informed, either through a hyperlink, or by including the appropriate mentions in the form itself, of the mandatory nature or not of collecting such data for the provision of services by TASTINGIN.
8.3. Likewise, the SELLER USER, by accepting this Agreement, consents that their data is used to send them commercial and informative communications from TASTINGIN (by any means, including email, SMS, etc.) related to the service provided by TASTINGIN.
8.4. Likewise, the SELLER USER gives his express consent for TASTINGIN to send him commercial communications on the websites owned by TASTINGIN related to the technological sector. If the SELLER USER does not wish to receive the aforementioned commercial communications, they must indicate it to the following email address: email@example.com
8.5. TASTINGIN may carry out additional promotional work for the PRODUCT offered by the SELLER USER in means other than the online platform (for example, other websites, digital or physical publications, Internet search engines, etc. aimed at potential Buyers). The SELLER USER authorizes TASTINGIN to use the delivered Contents to transmit them to third parties for the purpose of promoting the PRODUCT. In these cases, if necessary, the interested party will be informed and previously obtain the consent for a possible transfer of their personal data.
8.6. The SELLER USER may exercise, with respect to the data collected in the manner provided in the previous section, the rights recognized in regulations for the protection of personal data, and in particular the rights of access, rectification or cancellation of data and opposition, always that was relevant. Click here to download the Form. The written and signed request may be sent by post to the following address: XXXXXX, attaching a photocopy of the SELLER USER’S ID.
8.7. TASTINGIN has implemented the technical and organizational measures in accordance with the levels of security required by the Regulation of Security Measures approved by Royal Decree 1720/2007 of December 21, which approves the Regulations for the development of Organic Law 15 / 1999, of December 13, on the protection of personal data. However, the foregoing, it is not possible to ensure technical security in a medium such as the Internet because it is not impregnable and there may be leaks due to malicious acts by third parties.
9) DURATION OF THE CONTRACT
9.1. This contract will be in force from the opening of the account of the SELLER USER on the website www.tastingin.com until its cancellation by the SELLER USER, or by TASTINGIN, in case of breach thereof.
9.2. The additional services offered to the SELLER USER may be withdrawn or modified by TASTINGIN at any time and without prior notice. Likewise, the SELLER USER may request at any time their exclusion from such promotions.
9.3. TASTINGIN reserves the right to revise the price or other conditions without prior notice, and TASTINGIN must request acceptance of the new conditions by the SELLER USER. The new conditions will only take effect from the authorization of the SELLER USER.
10) TERMINATION OF THE CONTRACT
10.1. The contract will be terminated in advance, if any of the parties seriously breaches any of the obligations set forth in the Contract, considering, among others, the following as serious breaches:
a) That the SELLER USER expose manifestly inaccurate information on the Portal or that is untrue about the characteristics, property or ownership of the advertised PRODUCT;
b) That, if required by TASTINGIN at any time during the duration of this Contract, the SELLER USER does not provide the documentation regarding the veracity of the information it offers regarding the ownership and conditions of the PRODUCT;
c) That the SELLING USER refuses to give free course to the contributions, opinions or Contents of the BUYING USERS in relation to their PRODUCT;
d) That the SELLER USER does not provide the PRODUCT or services contracted by the BUYER USER through the TASTINGIN website within the corresponding terms.
10.2. If due to Force Majeure the service object of this contract is interrupted, said obligation would be suspended during the time and to the extent that is justifiable. Force Majeure is considered any event or circumstance not subject to the control of the parties or any other contingency that cannot be foreseen, or, if foreseeable, is inevitable in accordance with the stipulations and jurisprudence of Article 1,105 of the Civil Code.
11.1. TASTINGIN electronically files the data that make up the Contract. To identify and correct errors, you can send an email to TASTINGIN. The contract may be formalized in Spanish and / or English.
12) JURISDICTION AND APPLICABLE LAW
12.1. In the provisions of this contract, as well as in the interpretation and resolution of conflicts that may arise between the parties, Spanish law will apply.
12.2. The parties, expressly waiving any jurisdiction, which, in accordance with law, may be submitted to the jurisdiction of the Courts and Tribunals of the city of Logroño. If the controversy was with a natural person, the parties submit to the jurisdiction of the consumer’s domicile.