1.-OBJECT

In compliance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), it is hereby informed that these General Conditions of Access and Use (hereinafter the “Conditions of Use”) are intended to regulate the conditions of use and utilization of the website or websites located at the address: evyan.com and owned by:

Evyan SL

B46006722

Poligono industrial raco canyeres, s/n, 46660 Manuel, Valencia

(from now on evyan.com).

evyan.com has been created to publicize and allow access to the information contained therein, with the restrictions and limitations imposed by these General Conditions, as well as to allow and enable access to other pages with which the evyan.com website has commercial, professional or any other kind of relationship.

The corporate purpose of evyan.com is:

evyan.com is an online sales website for wholesale fruit services.

2.-USER RIGHTS AND OBLIGATIONS

2.1.-CONDITIONS OF ACCESS AND USE

Through the address located at evyan.com, any user can access the information contained on the aforementioned WEBSITE free of charge.

Access to the website is subject to the legal provisions in force at any given time, as well as the principles of good faith and lawful use by the User, expressly and categorically prohibiting any type of action that could be detrimental or harmful to the Portal or to third parties.

The website does not require prior subscription or registration for simple browsing, or for accessing or using some of its services. However, to receive email notifications of new offers or discounts, you must subscribe.

Services or content that require a subscription for access or use will be accompanied by a corresponding subscription notice. For information regarding the processing of personal data, please see the evyan.com Privacy Policy.

2.1.1.-ACCEPTANCE OF THE CONDITIONS / USER SUBSCRIPTION

Simply using the website or confirming the corresponding field in the registration process as a Subscriber User will imply acceptance of the general terms of use of evyan.com.

Through the evyan.com website, all Users will be given the opportunity to access the content, services and other information concerning the corporate purpose of this entity.

These terms of use constitute the entire agreement between the parties regarding access and use.

evyan.com is entitled to unilaterally modify any and all of the obligations set forth in these General Terms of Use, without prior notice. It is also entitled to restructure, modify, or delete any information, service, or content included on the website, without prior notice. Any modification of these general terms for a specific case will only be valid when it has been recorded in writing and signed by the legal representatives of each party.

Likewise, evyan.com reserves the right to restrict access to or use of some of the website’s Services, now or in the future, and may require the status of Subscribed User for access. In such cases, this status can be obtained by entering the user’s email address in the corresponding User subscription box that evyan.com will make available to Users who wish to subscribe.

Data accuracy

By completing these forms, subscription boxes or similar tools, the USER acknowledges that the data provided is obtained directly from the user, truthful and accurate, and agrees to notify evyan.com of any changes or modifications that may occur in them.

2.2.-USER CONTENT AND ACTIONS

The User agrees to make lawful, diligent, honest and correct use of all information or content accessed through the evyan.com website or from third parties previously provided by evyan.com, and all under the principles of good faith and with respect at all times for current legislation.

The User must refrain from obtaining, except for personal use, any information (understood as any message, sound files, photographs, drawings, software and in general any kind or type of computer file, graphic etc.) that is the property of the website.

The User also agrees not to maliciously or intentionally cause any damage or harm that could impair or alter the website, nor to introduce or distribute computer viruses that could cause unauthorized alterations to the website’s content or systems. This commitment to use the content in accordance with the law, morality, and public order requires that the content not be copied, reproduced, distributed, transferred, transformed, or modified without the prior written consent of evyan.com or its authorized representative.

In this regard, evyan.com disclaims any responsibility for any type of failure or computer virus introduced by third parties.

To comply with all requirements set forth in relation to intellectual property rights, industrial and other similar rights.

The information provided on this website should not be considered complete or exhaustive at any time. evyan.com will, to the best of its ability, try to keep this information constantly updated.

evyan.com states that the service/product offered on the website corresponds to its description. However, it is exempt from liability in cases where, due to technical or human error, there are mistakes or variations between the images, the description, and the price. It is also stated that the photographs are for illustrative purposes only, and there may be variations in their physical appearance, but these will not affect the integrity and performance of the service/product offered and/or requested.

evyan.com disclaims all responsibility for the content, information, opinions or comments disseminated through its website and will not be liable for the use that the User makes of that information.

3.- RIGHTS AND OBLIGATIONS OF evyan.com

evyan.com will be solely and exclusively responsible for the services it provides itself and for the content directly created by the website and identified with its corresponding copyright.

evyan.com is committed to adopting the necessary means and measures to guarantee the security and privacy of communications. It will not be held liable if, despite the implementation of appropriate security measures, these are breached by external agents.

evyan.com will not be responsible, even indirectly or subsidiarily, for any content, information, opinion or statement of any kind, originating from the User or third parties or entities that access, transmit, communicate, process, display or sell such information to the website owned by evyan.com.

evyan.com reserves the right to temporarily suspend the provision of the service without prior notice to the User, whenever necessary to carry out maintenance, update or improvement operations of the service. Likewise, it may modify the access conditions and/or specific location of the content comprising the website, as well as prevent, restrict, block, delete or remove access to the services to Users when they do not make lawful, honest and diligent use of the services provided on the website. Similarly, it may remove, block or restrict the use of content introduced by third parties that is illegal, racist, criminal, promotes terrorism, violates human rights, is defamatory, pornographic, constitutes fraud or in any other way infringes applicable national or international laws or regulations.

evyan.com does not guarantee the permanent availability and continuity of the website due to interruptions, failures, etc. nor will it be liable for damages that may be caused to Users by computer viruses or external agents that third parties may deposit on the website or in electronic documents and files stored on the computer system.

The Website provides Users with certain tools such as tabs, buttons, banners, links or hyperlinks that allow the User to access content or other sites related to the activity of the website or other different ones. The purpose of installing these tools is to provide and facilitate navigation for the User; however, evyan.com is not responsible for the websites accessed by the User through its page, insofar as the Right to Honor may be affected and the information provided. For its part, evyan.com will try, to the extent possible, to check these hyperlinks, restricting, blocking or suspending these buttons when they violate the principle described in these General Conditions.

4.-INTELLECTUAL PROPERTY

All content accessed through the service provided by evyan.com is subject to the Intellectual and Industrial Property Rights of evyan.com or third parties. This content may not be used, duplicated, distributed, sold, exploited or in any other way for commercial or non-commercial purposes, without the prior and required written consent of its owner (evyan.com).

Likewise, evyan.com will be responsible for the trademarks, logos and other distinctive signs that are incorporated in any part of the website and that are owned by evyan.com, as well as being the owner of all Intellectual or Industrial Property rights or as a licensee thereof.

All content and components of the evyan.com website have been included in accordance with the principles of good faith, indicating that the information may come totally or partially from sources external to the entity itself, which is why evyan.com is not responsible in any way for the inaccuracy or lack of updating of the content shown.

Conversely, all content originating from internal sources will be properly identified with its copyright. The entity reserves the right or power to make any changes at any time without prior notice. All content included on the page originating from internal sources that bear their copyright identification mark is the sole and exclusive responsibility of evyan.com.

5.- DATA PROTECTION

evyan.com, fully aware of the use and treatment that must be given to personal data and in accordance with the existing legal regulations (LOPD and LSSICE), has implemented within its organization a system to preserve the security, integrity and confidentiality of data considered as personal.

To this end, in addition to fully complying with each and every one of the requirements set forth in Organic Law 15/1999, of December 13, on the Protection of Personal Data, and those set forth in Law 34/2002 LSSICE, it guarantees not only a legal but also a fair use of personal data as well as an appropriate system to exercise the rights of access, rectification, cancellation and opposition set forth in the aforementioned Organic Law.

In accordance with the provisions of the evyan.com privacy policy, it is hereby stated that any person may exercise their rights of access, rectification, cancellation and, where applicable, opposition by sending an email to comercial@evyan.com

In this regard, see the Privacy Policy of the evyan.com Portal.

6.-JURISDICTION AND LEGISLATION

These Terms of Use are subject to Spanish law, which will be applicable in relation to their validity, interpretation, execution and compliance. All disagreements, claims, and disputes relating to the above shall be resolved between the seller and the consumer through the intervention and assistance of a consumer organization, or another Spanish dispute resolution body listed at https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2 (all bodies on this list offer out-of-court dispute resolution procedures. All have been approved by quality standards relating to fairness, efficiency, and accessibility.) or a Consumer Arbitration.

The User declares to have read, understood and accepted these General Conditions in their entirety.