CONDITIONS OF USE OF THE OSBORNE WEBSITE AND TORO STORE LOYALTY CARD
1. ACCEPTANCE OF GENERAL CONDITIONS
These general conditions (hereinafter, the "General Conditions") regulate the use of the website (hereinafter, the "website") which is made available to users free of charge by OSBORNE DISTRIBUIDORA, S.A., Sociedad Unipersonal (hereinafter "OSBORNE"), with registered offices at calle Salvatierra nº 6, Madrid 28034, a company registered in the Madrid Business Register (Spain) with tax ID A-28318871; telephone 917283880; and email address firstname.lastname@example.org.
The use of the service is subject to all notices, regulations and instructions notified to the user by OSBORNE which supplement the terms of these General Conditions to the extent that they are not contradictory.
OSBORNE reserves the right to deny or withdraw access to its website at any time without advance notice from users who violate these General Conditions or any Particular Conditions that may apply.
2. CONDITIONS FOR ACCESSING AND USING THE WEBSITE
Users may browse our website without disclosing personal information, remaining anonymous during their visit. However, access to our spirits with alcohol contents greater than 20º proof is restricted to adults. Therefore, in order to access these contents, users must enter their date of birth in order to gain access.
3. REPRESENTATIONS AND USES RELATED TO THE WEBSITE
3.1. Representations of OSBORNE and limitation of liability
This website has been created in good faith by OSBORNE using information from different internal and external sources. However, we do not guarantee the completeness, veracity or accuracy of our website for any particular use of the information contained herein by the user. Furthermore,
OSBORNE does not control or guarantee the absence of viruses or other elements when accessing our website which could alter the electronic documents and files stored in the user's computer system.
Therefore, OSBORNE declines any liability for damages of any kind stemming from the use of our website and/or its services or contents.
OSBORNE does not guarantee the availability or continuous operation of the website and/or it services. However, OSBORNE will, whenever reasonably possible, notify users in advance of any scheduled interruptions in the operation of our website and/or services. OSBORNE declines any liability for damages of any kind due to the unavailability or discontinuous operation of our website and/or services.
3.2. Correct use of website contents by the user
OSBORNE declares that it owns or has a legitimate right under the pertinent licensing agreements to use the industrial property rights (trademarks, trade names, etc.) that appear on this website, all of which are duly protected under current industrial property laws.
The user promises to use the website responsibly, correctly and legally and in particular agrees to abstain from:
(a) Suppressing, eluding, or manipulating the "copyright", trademarks and other information indicative of the rights of OSBORNE or its titleholders included in the contents and/or products marketed on our website. This also applies to any technical protection devices, digital fingerprints or other information mechanisms contained therein.
(b) Using the contents and, in particular, information of any kind obtained on our website for direct sales or marketing or for any other commercial purpose or for sending unsolicited messages to multiple addressees.
(c) Reproducing, copying, distributing, allowing public access using any mode of public communication, transforming or modifying the contents without legal permission or authorization from the owner of the rights.
d) Generally speaking, using the contents in any way or for any purpose that is illegal, immoral or that violates generally accepted customs or the public order.
OSBORNE does not grant any license or authorization of any kind to use its intellectual or industrial property rights or any other license or right related to its website.
3.3. How to proceed in the event of a violation of intellectual property rights
If any user or third-party considers that any contents have been introduced on OSBORNE’s website in violation of their intellectual property rights, they should notify OSBORNE, providing detailed information on their identity, the intellectual property rights allegedly violated and the website involved.
3.4. Links, hyperlinks and limitation of liability for third-party websites
OSBORNE declines any direct or indirect liability for links, banners or buttons on the www.osborne.es website that allow users to access other websites, features or services offered by third parties not pertaining to the OSBORNE Group or under its control and shall not be liable for the information on such websites or the effects of such information.
4. TERMS AND CONDITIONS OF THE TORO STORE CUSTOMER LOYALTY CARD
4.1. OSBORNE has created a loyalty program for customers of the company's stores and franchises.
Under this program, customers are eligible for special conditions when they purchase products at these stores.
4.2. The customer loyalty program is open to all individual customers of legal age who complete and sign the registration form using any of the methods provided for in these terms and conditions. The use of the Toro Store card implies that the cardholder is aware of and agrees with these general terms and conditions. OSBORNE reserves the right to accept or reject membership applications.
4.3. Upon request, customers will receive a free Toro Store card (hereinafter, "the card") with its own unique identification number. To do so, the customer must provide the required information. Loyalty card applications can be competed in person at the Toro establishments or submitted online at www.fidiliti.com, a platform where customers can register their different loyalty cards, including the Toro Store card.
4.4. OSBORNE reserves the right to reject card applications, cancel existing cards, modify the terms and conditions of the program or terminate the loyalty program unilaterally, notifying users of these circumstances on the website at www.osborne.es. If the loyalty program is canceled, cardholders will have three (3) months to use the balances on their cards.
4.5. The loyalty program card works as follows: for every purchase greater than €20, the cardholder receives 5% back on the value of the purchase.
4.6. To take advantage of these benefits, the cardholder must:
(i) Make a purchase at a Toro Store establishment or online in order to receive 5% back on the value of the purchase.
(ii) Present his/her loyalty card and ID document directly associating the cardholder's identity to the assigned card number prior to making a purchase.
(iii) Use the credit balance on the loyalty card toward a purchase at a Toro Store establishment or an online store.
(iv) The credit balance applied to the customer's loyalty card is personal and nontransferable.
(v) Credit is only earned for actual purchases. If the cardholder is reimbursed for any or all of a purchase made using the card, the credit received for that purchase or part of the purchase that was refunded will be deducted from the balance on the card.
4.7. Cardholders will be informed from time to time of exclusive offers and other events of interest.
4.8. OSBORNE will send cardholders by email a monthly statement with information on their card balances.
4.9. The Toro Store Card is personal and nontransferable. Consequently, the cardholder, who is exclusively liable for the card, agrees to use it according to these terms and conditions.
In particular, the cardholder agrees to:
(i) Create one and only one Toro Store card in his or her name.
(ii) Guarantee the accuracy of all information provided to Odisa when joining the customer loyalty program.
(iii) Ensure that the information provided to OSBORNE for communicating with the cardholder is up to date and used exclusively by the cardholder.
(iv) Hold OSBORNE harmless from any unauthorized use of the balance on the card by a third party in the event of misplacement, loss, theft, or unauthorized use.
(v) Report to OSBORNE any unauthorized use of the account in relation to the confidentiality and security of the identification methods use to register for the customer loyalty program.
4.10. OSBORNE guarantees the security and confidentiality of the personal data provided by holders of the Toro Store card. Pursuant to the terms of the Personal Data Protection Act number 15/1999 of December 13 and it's developing regulations, the cardholder is hereby informed of and consents to the processing of his/her personal data which will be added to a file maintained by Osborne Distribuidora, S.A.U., which is registered with the Spanish Data Protection Agency, for the purpose of administering the customer loyalty program. The cardholder's personal data may also be used for commercial, promotional and advertising activities using any mode of communication, including regular mail, email, SMS, etc. to market the products and services of OSBORNE or companies with which it has partnership agreements.
4.11. By signing these conditions, the cardholder acknowledges and consents to the processing of his/her personal data and/or the disclosure or communication of the data to third party companies for the purposes described above. The cardholder's consent may be revoked at any time. Under the personal data protection law, participants have the right to access, rectify, cancel, revoke and oppose the processing of their personal data by writing to OSBORNE DISTRIBUIDORA, S.A.U., calle Salvatierra nº 6, 28034 Madrid. A copy of the user's ID card must be enclosed with the letter.
5. APPLICABLE LAW AND JURISDICTION
This website and the TORO STORE customer loyalty program have been created in accordance with the law and generally-accepted advertising practices in Spain.
OSBORNE and the User, explicitly waiving any other venue, agree to be bound by the courts of Madrid for the settlement of any dispute arising in connection with the services referred to in these General Conditions.