TERMS & CONDITIONS
1. IDENTIFICATION OF THE PARTIES
1.1.- These Terms and Conditions will govern the relationship between you or the organisation you represent (hereinafter referred to as the IMPORTER) and the company MY ONLINE FAIR, S.L., (hereinafter also referred to as MY ONLINE FAIR or the COMPANY). MY ONLINE FAIR has its registered address at Calle Bartolomé de Carranza, 26 4C, 31008, Pamplona, and registered in the Company Registrar of Navarra to Volume 1990, Sheet 55, Section 8, Page NA-39668 and with Tax Identification Number (NIF) B714030226.
2. SUBJECT MATTER OF THE TERMS AND CONDITIONS AND GENERAL STATEMENTS
2.1.- This Terms and Conditions aims at regulating access, to the Wine Fair by the IMPORTER as well as its right and obligations.
2.2.- Notwithstanding that in the future, these Terms and Conditions may be offered in other languages; nowadays it is only available in English.
2.3.- For any incidents, questions or concerns related to the services provided through the Fair, the IMPORTER might contact the COMPANY by sending an e-mail at: email@example.com.
3. ABOUT THE FAIR
3.1.- MY ONLINE FAIR is the organizer of the online wine fest named “ONVINUM” (hereinafter, the Fair), accessible through the web site, subscription only and which aim is to connect IMPORTERS and wineries in order to facilitate the reach of commercial agreements between both the IMPORTER and the winery.
3.2.- In order to reach the goal of the Fair the COMPANY will coordinate meetings between both IMPORTERS and wineries in which the IMPORTERS will be able to taste samples of some wineries previously selected by the importer. The samples will be delivered to the importer in a date previous to the meeting with the winery.
3.3.- The COMPANY will provide the IMPORTERS with access to their private meetings arranged by both parties (IMPORTER and winery) on the date and time already agreed by them within the time available at the Fair.
3.4.- The only objective of the Fair is to facilitate the connection between IMPORTERS and the wineries, but it does not guarantee and expressly refuses to grant any type of guarantee in relation to the effective achievement of agreements between the parties as well as on the good development of the eventual agreements reached. The Company will in no case be responsible for the possible damages that could be derived for the parties in relation to the agreements reached on the occasion of the Fair or later.
3.5.- IMPORTERS cannot use the Fair and its resources in order to carry out any illegal act to or any other activity that may breach any law, and in particular, any contents that violate (i) the rights of intellectual and industrial property of any third party, (ii) the rules on data protection, right to honour and privacy. Furthermore, the Fair and its resources cannot be used to disrupt its normal functioning or for any other purposes different from the one it has been designed for and made available to the IMPORTERS.
3.6.- The IMPORTERS name and password to access the Fair are personal and are not transferable. The IMPORTER shall keep his password confidential and secure. The COMPANY is not responsible for any acts and/or operations that had been carried out with the IMPORTER’s account resulting from a failure on his part to maintain the confidentiality of his password.
4. PAYMENT TERMS
4.1.- The registration is free for the buyers, but they have a commintment with My Online Fair. They must go to all the meetings requested. If they can not attend a meeting during the days of the fair, My Online Fair will reschedule it during the following 2 weeks according to the availability of the attendee. If the attendee dont do it, My Online Fair can ask to the IMPORTER for the payment of costs derived to the shipment of the samples. 150$ per box sent.
5.1.- This contract shall become effective upon REGISTRATION IN THE FAIR and stay in force for the duration of the Fair.
6.1.- Provided that the access to the Fair will be carried out via telematic networks, the stability, availability and quality of telecommunications services of Internet access will determine and influence the IMPORTER experience and even the possibility of accessing the Fair and the private meetings. That´s the reason why it is required that the IMPORTER has a telecommunications service with bandwidth, stability and quality enough for the required connections.
6.2.- The COMPANY in no case will be liable for any failures and disruptions to the telecommunications service contracted by the IMPORTER to his provider that shall prevent access to the Fair.
6.3.- The company allow to My Online Fair to share the email address and the phone number provided by the Company with the Wineries that participate in the fair. The objetive is to solve problems regarding conexions during the days of the Online Wine Fair. It is easier for the Wineries and for the buyers to talk directly between them when bad conexions are happening.
7.1.- The COMPANY may make public its relationship with the IMPORTER and may include the IMPORTER in its client Portfolio on the COMPANY website as well as on any piece of marketing related to the Fair. To this end, the IMPORTER authorizes the COMPANY the use of its name and trademark.
8. WARRANTIES AND LIABILITIES
8.1.- In any case, the liability of the COMPANY arising out of the fulfilment or breach of this Terms and Conditions shall be limited to the sum of the registration price without any discount that might be paid by the IMPORTER for the Fair.
9. DATA PROTECTION
– Data Controller (hereinafter the Controller): MY ONLINE FAIR, S.L., located at Calle Bartolomé de Carranza, 26 4C, 31008, Pamplona, with telephone number +34 948 198 611 and email address: firstname.lastname@example.org
– Purpose of the data processing. the execution of the Terms and Conditions and the attendance of any information or service request.
– Legal basis for the processing. The Controller is entitled to process your personal data by the execution of this Terms and Conditions.
– Retain period: The Controller shall only retain and process the personal data collected while the Terms and Conditions remains in force and once the Terms and Conditions has finish it will retain the persona data in accordance with the retain period established under the current regulation.
– Personal data recipients. Unless to the Wineries to which the IMPORTER wishes to get in touch with or otherwise agreed by the IMPORTER or established under the current regulation, the Controller shall not transfer or communicate your personal data to any third party unless is necessary for the execution of the Terms and Conditions.
– Data subject rights. The data subject might at any time, exercise the right of access, rectification, erasure, restriction of processing, object as well as the portability right by contacting the Controller at the contact details established in this Section. Data subject may also be entitled to contact the competent Data Protection Authority to complain.
10.1.- The acceptance of these terms and conditions implies the acceptance of cookies policy set for the Fair
11. APPROPRIATE CONDUCT
11.1.- The COMPANY does not control and is not responsible of any content posted or messages that users may upload to the Fair or products that the Wineries may distribute as samples or as part of the Terms and Conditions that may reach with the IMPORTER.
11.2.- Notwithstanding the foregoing, the IMPORTER can and do report to the COMPANY content they find that might violate any Law in order that the COMPANY shall, in this case, take appropriate action in accordance with these terms and conditions and applicable law.
12.1.- All notices or communications concerning this Terms and Conditions shall be in writing and addressed to the registered offices of the COMPANY above-mentioned Notwithstanding the foregoing, the COMPANY may change his contact details in the file card.
13. FORCE MAJEURE
13.1.- Either party may be excused from performance of its obligations hereunder for so long as such party’s performance is adversely affected by one of the following causes: flood , earthquake and other natural disasters, wars, rebellions, sabotage, threats, blackmail or extortion, blockades, seizures, strikes and lockouts as well as actions and omissions on the part of the Governments or other cause reasonable beyond control of that can be considered an “Event of Force Majeure as it is set put in article 1.105 of the Spanish Civil Code.
14. PARTIAL NULLITY
14.1.- Nullity of any of the clauses, covenants and/or provisions within this document shall not derive in the nullity of the full document.
14.2.- Notwithstanding the foregoing, in the event that any clause, covenant, or provision of these Terms and Conditions resulted in any cause of nullity, the parties undertake to modify such clause, covenant or provision in order to comply with the Law in order to meet the goals and objectives set out in such clause, covenant and/ or provision. The Parties commit themselves to sign, if necessary, the corresponding amendment of the contract, which will replace the existing one.
15.1.- Neither Party shall vest in third parties, either in whole nor in part, the performance of certain assignments that are the object of this contract without the previous expressed written consent of the other Party.
16. WAIVER OF RIGHTS
16.1.- Failure by either party in exercising any right under this Terms and Conditions or according to the Law shall not constitute a waiver of any right it may have, and no single exercise by any party of any right under these Terms and Conditions shall prevent any further exercise of that right.
17. APPLICABLE LAW
17.1.- These Terms and Conditions shall be governed by the Spanish legislation that will be applicable in all matters that are not covered in this contract unless a rule of the applicable legal system provides otherwise, in which case the provisions of such rule will apply.
18. COMPETENT COURT.
18.1.- The competent court of justice shall be determined by the legal provisions that apply to the present legal relationship. If the choice of forum is permitted by law and, consequently, there is no rule prohibiting the choice of jurisdiction by the parties, the Parties agree to submit any questions that may arise regarding the Terms &Conditions or services provided by the Fair, to the Courts of Navarra (Spain)