Terms and conditions

1. LEGAL INFORMATION

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, we provide you with the following information regarding our web platform service:

Domain Name: www.genil.market

Email: info@genil.market

Owner: PUENTE GENIL CITY COUNCIL. CIF G14628473, C/ CRUZ DEL ESTUDIANTE, Nº 37, 2nd FLOOR (MAYOR MANUEL BAENA JIMÉNEZ HOUSE OF CULTURE BUILDING), PUENTE GENIL, ZIP CODE: 14500, CÓRDOBA

2. TERMS OF USE

2.1 SCOPE, OBJECT, AND EXTENT OF THE CONDITIONS OF USE

These provisions (hereinafter, the "Terms of Use") govern access to and use of the online shopping platform (hereinafter, the "Service"), which the Puente Genil City Council provides to Internet users (hereinafter, the "Users") through the domain name www.genil.market. Notwithstanding the foregoing, access to and use of certain features included in the Service may be subject to specific conditions (hereinafter, the "Specific Conditions"), which, as applicable, will replace, supplement, and/or modify the Terms of Use and, in the event of a conflict, will prevail. Therefore, before using these features or services, the User must accept the Specific Conditions governing them, available through the Service itself, along with the corresponding acceptance system. By registering, the User expressly and unreservedly accepts the Terms of Use. Such acceptance holds the same validity and effectiveness as any signed written contract. If the User does not fully accept the Terms of Use, they will not be authorized to use the Service.

For users who do not wish to register, there is an option to make a purchase as a guest. They will only need to provide their information when completing the purchase; this information will not be stored for future purchases. In this case, acceptance of the General Terms and Conditions will also be mandatory at the time of purchase.

The Puente Genil City Council reserves the right to make, at any time and without prior notice, modifications or updates to the Terms of Use, as well as, where applicable, the corresponding Specific Conditions, to adapt them to new legislation, administrative or jurisprudential developments, and any actions that fall within the scope of the services. The modifications shall always take into account the rights and interests of the Users, and shall not affect in any way their use of the Service up to that point.

In any case, the Puente Genil City Council will provide Users with timely information about any modifications to the Terms of Use and/or Specific Conditions. Such modifications shall be deemed accepted by each User if, after notification, they continue to use the Service.

2.2 NATURE AND CHARACTERISTICS OF THE SERVICE

The Service provides Users with an online shopping platform (hereinafter, the "Platform") that, acting as a "marketplace," allows them to access individual spaces or online stores hosted on the platform (hereinafter, the "Online Store(s)"), managed by independent local merchants (hereinafter, the "Seller(s)").

In this way, the Service facilitates interaction and the formalization of transactions between Users and Sellers. However, the role of the Puente Genil City Council is limited to merely acting as an intermediary between both parties, providing a space for negotiation and transaction execution.
Therefore, the Puente Genil City Council does not act as a seller or buyer of the products offered on the Platform, limiting its role to providing the Service, which includes the User's right of access and use of the Platform.

Consequently, the Puente Genil City Council assumes no liability to Users and/or any third parties regarding (i) the products offered through the Platform by Sellers, their availability and/or quality; or (iii) the contractual relationship established between Sellers and Users due to the latter's purchase of products offered by the former, any breach thereof, and/or any damages arising therefrom.

TECHNICAL REQUIREMENTS

The User is responsible for providing the computer equipment, mobile devices, and Internet connections necessary to access and use the Service. The Puente Genil City Council assumes no obligation regarding the provision of such elements under any circumstances.

If the Service is used through a mobile device, the type of device the User is connecting from will be detected, and the website will be displayed adapted to the User's device. Given the wide range of devices and browsers currently available, this adaptation will be made for the latest versions of the following browsers:

• Chrome, Firefox, Safari, Opera, and Edge.
• iOS and Android mobile browsers.

2.4 USER REGISTRATION

2.4.1 REGISTRATION REQUIREMENTS

Access to and use of the Service, and therefore registration as a User, is limited to individuals over 18 years of age.

By registering as a User, you guarantee to the Puente Genil City Council (i) that you are of legal age or an emancipated minor and have the legal capacity required to formalize the purchase and sale of products offered through the Platform; and (ii) that all information provided during registration is truthful.

You must also keep your profile information up to date and immediately inform the Puente Genil City Council if you fail to comply with the requirements established in this clause. You should refrain from making new purchases through the Platform if this non-compliance persists.
In any case, the Puente Genil City Council assumes no liability when the User deliberately circumvents the filters established to ensure their legal capacity, provides false information, or otherwise conceals their failure to meet the registration requirements.

2.4.2 USER ID AND PASSWORD

Access to and use of the Service will be available to the User through the Platform, using a User ID and password that each User will configure personally. The User is obligated to use the ID and password diligently and is responsible for their proper custody and confidentiality. The User undertakes not to transfer their use to third parties, either temporarily or permanently, and not to allow access to them. In the event of theft, loss, or unauthorized access to the User's ID and password, the User must immediately notify the Puente Genil City Council to cancel them. Under no circumstances will the Puente Genil City Council be liable for actions carried out by unauthorized third parties using the User's ID and password until the aforementioned notification has been made.

2.5 USE OF THE SERVICE

By registering, the user acquires the right to personal, non-exclusive, and non-transferable access to and use of the platform. This right, under the terms and conditions established in the Terms of Use, allows the user to access the platform and online stores and to purchase products offered by the sellers in said online stores.

In any case, the user must refrain from: (i) modifying or creating derivative works from the service, the platform, or any documentation relating to them made available to the user; (ii) attempting to decompile, disassemble, reverse engineer, or attempt to decipher the source code included in the platform; (iii) selling, leasing, or renting, in whole or in part, the use of the service and/or the platform; and/or (iv) removing or altering any trademark, logo, or any other proprietary notice, legend, symbol, or label contained in or integrated into the service, the platform, and/or the physical presentation with which they are provided during use.

Any purchases made by the user of products offered by sellers in online stores and the corresponding contracts entered into with the sellers for this purpose will constitute a legal relationship between the user and the sellers, entirely independent of the Puente Genil City Council, and will be governed by the provisions of the general sales conditions available to the user on the platform itself and/or by the sales conditions set by the seller for this purpose.

2.6 ECONOMIC CONDITIONS OF THE SERVICE

Unless otherwise specified in the specific terms and conditions, access to and use of the service are free of charge, except for the cost of connecting to the telecommunications network contracted by the user with their provider, which will be borne by the provider.

The above provision does not apply to any potential purchases made by the user of products offered by sellers in online stores, which will be governed by the terms and conditions agreed upon by the sellers upon completion of the corresponding transaction.

2.7 AVAILABILITY, SECURITY, AND GUARANTEES

2.7.1 SERVICE AVAILABILITY

The Puente Genil City Council will make every effort to ensure that the service is available for access and use 24 hours a day, every day of the year.

However, this does not guarantee the availability of the service in cases of force majeure or circumstances beyond the control of the Puente Genil City Council. These circumstances include, but are not limited to, the following:

Force Majeure (hereinafter referred to as "force majeure"): Any circumstance or event of an extraordinary, unforeseeable, or unavoidable nature, beyond the control of the Puente Genil City Council, such as strikes of any kind, fires, floods, power outages, shortages of raw materials, breakdowns or incidents in the facilities and/or resources of the Puente Genil City Council or third-party service providers involved in the management of the service, and any other events arising after the acceptance of the terms of use that make it temporarily or permanently impossible or excessively burdensome for the Puente Genil City Council to fulfill its obligations.

Circumstances Beyond the Control of Puente Genil City Council: (i) the user's computer equipment and/or mobile devices; and (ii) the communication networks and interconnection elements used by the user, whether they are owned by the user and/or by third parties outside the Puente Genil City Council.

Furthermore, access to the service may be temporarily interrupted for security reasons, maintenance needs, or resource restructuring, without this constituting a breach of the Puente Genil City Council's obligations. In all cases, every effort will be made to minimize the impact of such interruptions on users. In the case of scheduled shutdowns, and whenever possible, users will be notified in advance.

Finally, the Puente Genil City Council reserves the right to suspend and/or block access to and use of the service, without prior notice, for any user who violates the terms of use or, where applicable, the specific conditions. Such suspension and/or blocking shall not be construed as a breach of any of the obligations of the Puente Genil City Council.

2.7.2 SECURITY

The Puente Genil City Council maintains the necessary technical measures, which are implemented and updated, to ensure the security of the service, as well as the integrity, availability, and confidentiality of the information stored on the platform.

Notwithstanding the foregoing, the terms of use do not, in themselves, provide any guarantee regarding the security of the user's computer equipment and/or mobile devices, or the user's own infrastructure and network, the protection of which is, in all cases, the responsibility of the user.

Users must refrain, under all circumstances, from deleting, altering, circumventing, or manipulating any protection devices or security systems that may be installed on the service and/or the platform.

2.7.3 GUARANTEES

The Puente Genil City Council guarantees the proper functioning of the platform and the service under the following terms:

The proper functioning of the platform is guaranteed, along with the correction of any incidents associated with programming defects.
In any case, services provided by third-party providers involved in the management of the services are excluded from this guarantee and will be subject to the terms and conditions of the guarantees established by their respective owners.

Furthermore, any errors or defects caused by factors other than internal code errors are also excluded from the guarantee covered by this Clause. This exclusion covers, among other things, errors or defects caused by the actions of the user and/or third parties outside the Puente Genil City Council, as well as those caused by external means such as the user's computer equipment and/or mobile devices.

In any case, the user accepts that the platform and the service are provided "as is," and therefore the Puente Genil City Council does not guarantee the suitability of the service for the user's specific purposes. Consequently, the Puente Genil City Council cannot be held liable if, apart from the technical specifications and functionalities defined for the service by the Puente Genil City Council, the service proves to be unsuitable for the user's specific needs.

2.8 INTELLECTUAL AND/OR INDUSTRIAL PROPERTY RIGHTS

The service and platform, as well as the corresponding exploitation rights over such elements, are owned by the Puente Genil City Council and/or third parties and are protected by Spanish Intellectual and/or Industrial Property Laws and the provisions of applicable international treaties.

Acceptance of the terms of use does not imply any transfer of intellectual and/or industrial property rights to the user over the service, platform, or the software elements integrated therein. These rights, without prejudice to the right of use granted to the user, will remain the exclusive property of their respective owners.

The aforementioned reservation of rights extends to both: (i) the external appearance (look and feel) and the platform's code, design, and navigation structure; and (ii) the content that may be included and distributed through it in any format.

Consequently, and in accordance with the provisions of Clause 2.5, the user is prohibited from decompiling, disassembling, reverse engineering, sublicensing, transmitting in any way, translating, or creating derivative works from the service and/or platform.

The inclusion in the service, the platform, and/or the physical presentation during use of references to trade names, trademarks, logos, or other distinctive signs, whether registered or not, whether owned by the Puente Genil City Council or by third parties, is subject to the prohibition of their use without the express consent of the Puente Genil City Council or its legitimate owner.

The reproduction, copying, distribution, transformation, making available to the public, and any other similar activity that may be carried out with the information contained on the platform, as well as with its design, and the selection and presentation of the materials included therein, regardless of their purpose and the medium used, are prohibited without the express authorization of the Puente Genil City Council.

Consequently, the user may only view and use the rest of the content and services made available through the platform for strictly personal and private purposes, and provided that it is not for commercial or professional activities involving said content and/or services.

2.9 LINKS

The Puente Genil City Council makes available to the user, through the platform, technical linking devices (such as buttons, links, and banners) that may direct the user to other websites or Internet portals belonging to or managed by vendors and/or other third parties, over which the Puente Genil City Council exercises no control (hereinafter, the "linked sites").

The user must be aware that by using these linking devices and accessing the linked sites from the website, these terms of use will no longer apply.

The Puente Genil City Council has no knowledge of or control over the content and services included in the linked sites, and the inclusion of access to them through the website does not imply, under any circumstances, (i) that the Puente Genil City Council recommends or approves the content and services hosted on the linked sites; and/or (ii) that there is any type of relationship, collaboration, or dependency between the Puente Genil City Council and the person responsible for the linked site.

Consequently, the Puente Genil City Council assumes no responsibility for the linked sites and, therefore, is not liable for their operation, the content and services hosted therein, or the links contained therein.

In the event that the user becomes aware of the illegality or inappropriateness of the content, services, or any other activities carried out through a linked site, they must immediately notify the Puente Genil City Council so that, where appropriate, it may take the measures it deems appropriate.

2.10 RESPONSIBILITY

Anyone who uses the service does so at their own risk. Users agree: (i) not to engage in any conduct that could damage the image, interests, and rights of the Puente Genil City Council or third parties, or that could damage, disable, or overload the platform, or in any way impede its normal use; and (ii) to use the platform in full compliance with traffic laws and customs.
Consequently, the user shall be liable to the Puente Genil City Council and/or third parties for any damages that may arise as a result of a breach of these obligations.

The Puente Genil City Council does not and will not assume any liability to the user or third parties arising from the user's use or non-use of the service, beyond what is expressly regulated in Clause 2.7.3.

In particular, but without limitation, the Puente Genil City Council will not be liable to the user or third parties for damages arising from: (i) human error in the use of the service by the user; and (ii) cases of force majeure or events beyond the control of the Puente Genil City Council.

The Puente Genil City Council will also not be liable for any damages or losses related to or arising from the execution, performance, or breach of the contract entered into through the platform regarding the purchase of products by the user and each of the sellers. The Puente Genil City Council is not a party to the aforementioned contract and limits its role to merely acting as an intermediary between both parties through the platform.

2.11 DATA PROTECTION

In accordance with current data protection regulations, you are hereby informed that the personal data collected through this form will be processed by the Puente Genil City Council, which will act as the Data Controller. The data will be managed by EUSKALTEL, S.A. (Tax ID No.: A48766695), as the data processor.

The purposes of the processing will be directly related to the terms and conditions you accept when registering. These will allow us to process your purchase, if any, provide access to certain promotions exclusively for registered users, offer a private area to track your orders or view your purchase history, and save products that may interest you most to your wish list. Additionally, and with your consent, we will send you information about promotions on products available on the Marketplace by email. The legal basis for the processing of your personal data is Article 6.1.b) of the General Data Protection Regulation, provided that you accept the terms and conditions of user registration, as well as Article 6.1.a) of the General Data Protection Regulation, the consent of the data subject, in relation to the sending of promotional emails, and Article 6.1.e), where processing is necessary for the fulfillment of a task carried out in the public interest or in the exercise of official authority vested in the data controller.

Upon formalizing your purchase, your data will be communicated to the sellers participating in the marketplace in order to properly manage the order and shipping. The seller will process your personal data in accordance with their own privacy policy. No other communication of personal data or international transfers to third countries or international organizations are planned, except under legal obligation. The data will be retained for the time necessary to fulfill the purpose for which it was collected and to determine any potential liabilities that may arise from the processing of your personal data. You may exercise your rights of access, rectification, erasure, and other rights contemplated in current data protection regulations, where applicable, by sending a letter to the Puente Genil City Council at C/ Cruz del Estudiante, No. 37, 2nd floor (Mayor Manuel Baena Jiménez House of Culture Building), Puente Genil, C/O: 14500, Córdoba, or through its Electronic Office.

If you have not received adequate attention in the exercise of your rights, you may file a complaint with the Basque Data Protection Agency. Address: C/ Beato Tomás de Zumárraga, 71 – 3rd floor - 01008 Vitoria-Gasteiz. However, as a first step, you may contact the designated Data Protection Officer of the Puente Genil City Council: dpd@puentegenil.org.

2.12 USE OF COOKIES

The website uses cookies and/or other similar data storage and retrieval devices.
The Puente Genil City Council has established a "Cookie Policy," which can be accessed at genil.market.

2.13 APPLICABLE LEGISLATION AND JURISDICTION

The activity carried out through online stores is subject to current European and Spanish legislation applicable to e-commerce, consumer and buyer protection, and personal data protection.

Any dispute or conflict arising between buyers and sellers will be brought before the competent courts and tribunals in accordance with Spanish procedural regulations. We also inform you of your legal option to access the European Union's online dispute resolution platform, accessible through the following link: http://ec.europa.eu/consumers/odr/.