Legal notice

LEGAL NOTICE AND GENERAL TERMS OF USE

COOLSHOE, S.L.U. (Tax ID: B03987286) is part of the business group “GIOSEPPO.” In this specific case, COOLSHOE, S.L.U. is the company responsible for marketing “GIOSEPPO” products through its website (= https://hotpotatoes.es/. Therefore, throughout this document, we will refer to the aforementioned companies solely as “GIOSEPPO.”

1. PURPOSE

GIOSEPPO is responsible for the website https://hotpotatoes.es/. By means of this document, it makes available to USERS the following information in order to comply with the obligations set forth in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), as well as to inform all USERS of the website regarding the conditions of use thereof.

Any person who accesses this website assumes the role of USER, committing to the strict observance and compliance with the provisions set forth herein, as well as any other applicable legal provision.

GIOSEPPO reserves the right to modify any type of information that may appear on the website, without any obligation to provide prior notice to USERS, with publication on the GIOSEPPO website being deemed sufficient.

2. IDENTIFICATION DATA

The identifying details of the company owning this website are provided below:

COOLSHOE, S.L.U. is registered in the Alicante Commercial Registry, volume 1763, page 13, entry 1, with sheet number A-30101.

Company name: COOLSHOE, S.L.U.
Tax ID (C.I.F.): B-03987286
Address: C/ Marie Curie, 38, 03203, Elche, (Alicante) – Spain
Telephone: +34 966 060 601
Website: https://hotpotatoes.es/

3. USE OF THE PORTAL AND LIABILITY

Through its website, GIOSEPPO provides access to a wide range of information, services, programs, or data on the Internet belonging to GIOSEPPO or its licensors, to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to any registration that may be required to access certain services or content. In such registration, the USER will be responsible for providing truthful and lawful information.

If the USER is a minor, prior consent from parents or guardians is required before entering personal data into the forms on this website. GIOSEPPO accepts no liability for failure to comply with this requirement.

GIOSEPPO disclaims any liability arising from the information published on its website, provided that such information has been manipulated or introduced by a third party external to it.

The GIOSEPPO website may use cookies (small information files sent by the server to the computer of the person accessing the page) to carry out certain functions considered essential for the proper functioning and viewing of the site. The cookies used on the website are, in any case, temporary, with the sole purpose of making subsequent transmission more efficient, and disappear at the end of the USER’s session. In no case will cookies be used to collect personal information.

From the USER’s website, it may be possible to redirect to third-party website content. Since GIOSEPPO cannot always control the content introduced by third parties on their websites, it assumes no responsibility for such content. In any case, GIOSEPPO states that it will immediately remove any content that may contravene national or international legislation, morality, or public order, by immediately removing the redirection to such website and informing the competent authorities of the content in question.

The USER agrees to make appropriate use of the content and services that GIOSEPPO offers through its portal.

GIOSEPPO accepts no responsibility for the information and content stored, including but not limited to, in forums, chats, blog generators, comments, social networks, or any other medium that allows third parties to publish content independently on the GIOSEPPO website.

Any USER wishing to establish a hyperlink from their own website to GIOSEPPO’s website must not use the information, services, or products made available on said website illegally or contrary to good faith. Specifically, the USER introducing a hyperlink or link undertakes not to:

Destroy, damage, or alter in any way the contents, services, or products made available to USERS on GIOSEPPO’s website.
State or imply that GIOSEPPO supervises the hyperlink or the content of the USER’s own website where the link to GIOSEPPO’s website is placed. GIOSEPPO will not, under any circumstances, be responsible for the content or services of the USER’s website where a hyperlink or link to the GIOSEPPO website is included.
Include on their own website the brand, trade name, or any other distinctive sign belonging to GIOSEPPO without the prior authorization of the entity.

Nevertheless, and in compliance with the provisions of Articles 11 and 16 of the LSSI-CE, GIOSEPPO makes available to all USERS, authorities, and law enforcement agencies, and actively collaborates in the removal or, where appropriate, blocking of all content that may affect or contravene national or international legislation, third-party rights, or morality and public order. In the event that the USER considers that there is any content on the website that could fall into this classification, they are requested to immediately notify the website administrator.

This website has been reviewed and tested to function correctly; however, it may be disconnected or altered without prior notice, with no liability whatsoever for GIOSEPPO with respect to the USER or third parties for such reason. Although, in principle, correct operation can be guaranteed 24 hours a day, 365 days a year, GIOSEPPO does not rule out the possibility of programming errors, or that causes of force majeure, natural disasters, strikes, or similar circumstances may occur that make access to the website impossible.

4. PERSONAL DATA PROTECTION

GIOSEPPO is deeply committed to complying with Spanish regulations on the protection of personal data and therefore ensures the proper use and processing of USERS’ personal data. It guarantees full compliance with the obligations set forth, as well as the implementation of the security measures established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (GDPR), and in Organic Law 3/2018 of 5 December, on Personal Data Protection and the Guarantee of Digital Rights (LOPDGDD).

GIOSEPPO makes available to all USERS its Privacy Policy, informing USERS about the following aspects:

Data of the data controller.
Data processed.
File in which they are stored.
Purpose of processing.
Whether it is mandatory or not to provide them, as well as the consequences of not doing so.
Rights available to every USER and the procedure to exercise them.

In compliance with the General Data Protection Regulation and the Organic Law on Personal Data Protection and the Guarantee of Digital Rights, we inform you that the information you have provided will be included in GIOSEPPO’s automated files for the purpose of administratively managing access requests and sending our products and services, as well as communications of interest to you. You have the right to access this information, and to request its cancellation or rectification, by contacting the company’s registered address. The company guarantees the adoption of the necessary measures to ensure the confidential processing of such data.

E-mail:

5. INTELLECTUAL AND INDUSTRIAL PROPERTY

The entire content of this website—including text, images, trademarks, logos, audio and video files, buttons, software files, color combinations, as well as the structure, selection, arrangement, and presentation of its content—is protected by Spanish and international laws on intellectual and industrial property. Furthermore, without prejudice to the foregoing, the content of this website is also considered a computer program and is therefore subject to all applicable Spanish and European Union regulations on the matter. Total or partial reproduction of this website or any of its contents without the express written permission of GIOSEPPO is strictly prohibited.

GIOSEPPO, whether in its own right or as an assignee, holds all intellectual and industrial property rights over its website, including but not limited to programming, editing, compilation, and other elements necessary for its operation, software, trademarks, logos, text, structure and design, selection of materials used, source code (HTML and JavaScript), or, where applicable, has an express license or authorization from the authors. All content of the website is duly protected by intellectual and industrial property regulations and registered with the corresponding public registries.

The USER undertakes to respect the intellectual and industrial property rights owned by GIOSEPPO. USERS may view elements of the portal and even print, copy, and store them on the hard drive of their computer or on any other physical medium, provided that this is solely and exclusively for their personal and private use.

The content included on the GIOSEPPO website has been created and incorporated by:

GIOSEPPO itself, using internal and external sources, whereby GIOSEPPO is only responsible for content created internally.
USERS, through collaborations or voluntary contributions of content, being solely responsible for such content, with GIOSEPPO expressly exempt from any liability that may arise from it.
Natural and legal persons external to GIOSEPPO, either through collaborations directly inserted on the website or through links, being solely responsible for the content introduced, with GIOSEPPO expressly exempt from any liability under the terms specified by Spanish law.

6. RIGHT OF EXCLUSION

GIOSEPPO reserves the right to deny or withdraw access to the portal and/or the services offered, without prior notice, either at its own initiative or at the request of a third party, to those USERS who fail to comply with these provisions.

7. GENERAL PROVISIONS

GIOSEPPO will pursue non-compliance with these conditions, as well as any improper use of its portal, exercising all civil and criminal actions that may correspond under law.

8. DISPUTE RESOLUTION AND APPLICABLE LAW

For any issues or disputes that may arise from the interpretation or application of these Terms, both parties agree to attempt to resolve them amicably and, if necessary, to submit to the jurisdiction of the Courts and Tribunals of the Consumer’s and User’s domicile, which shall resolve the matter in accordance with Spanish law.

9. UNAUTHORIZED USE

If you are under 18 years of age, you must inform your parents or guardians about GIOSEPPO’s Privacy Policy and Terms and Conditions, and they must approve the Privacy Policy and Terms and Conditions.

As a USER of this website, you agree not to use it for illegal purposes or activities: you are not entitled to modify any of the materials incorporated in our website. Likewise, you may not copy, distribute, transmit, display, perform, or otherwise reproduce in any way, publish, authorize, or create any derivative works based on the information or content included on our website https://gioseppo.com/ its agents, officers, affiliates, or employees.

10. AMENDMENTS

Our website may contain some typographical errors. We reserve the right to modify the content of the website without prior notice.

11. LEGAL WARRANTY OF PRODUCTS PURCHASED THROUGH OUR WEBSITE

If the Customer qualifies as a Consumer, the commercial warranty will be governed by Royal Decree 1/2007, of 16 November, approving the revised text of the Law on the Defense of Consumers and Users and other complementary legislation, taking into account the amendments introduced by Royal Decree-Law 7/2021, of 27 April, transposing European Union directives on consumer protection, in particular Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019, on certain aspects of contracts for the sale of goods, which amends Regulation (EU) 2017/2394 and Directive 2009/22/EC and repeals Directive 1999/44/EC.

Taking into account the applicable regulations for all products supplied within Spanish territory, GIOSEPPO shall be responsible for any lack of conformity existing at the time of delivery or supply and manifesting within three years from delivery, with the delivery date considered to be that stated on the commercial invoice. Possession of the commercial invoice by the consumer is a prerequisite for making use of the commercial warranty.

End users may only claim the above warranty rights in relation to products purchased and invoiced directly by GIOSEPPO to them.

This legal warranty only covers lack of conformity that existed at the time of delivery of the product. It does not cover external damage caused to the product for any reason, wear and tear from use, or due to fraud or negligence on the part of the Buyer, nor incidents caused by force majeure.

Outside the national territory, as stipulated by the European Union in Directive 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects of contracts for the sale of goods, which amends Regulation (EC) No. 2017/2394 and Directive 2009/22/EC and repeals Directive 1999/44/EC, GIOSEPPO shall be responsible to the consumer for any lack of conformity existing at the time of delivery of the goods and manifesting within two years from that date. Product verification will be carried out solely by our personnel in our own stores. Considering the nature of the product, if a lack of conformity covered by the legal warranty is verified, GIOSEPPO shall, as far as possible, take corrective measures that avoid disproportionate costs for the company. In the event that products with a lack of conformity are repaired, only actions strictly necessary to remedy the verified lack of conformity will be free of charge.

Excluded from this legal warranty are all damages to the product resulting from subsequent improper storage and protection. Additionally, this legal warranty will be immediately void if the product is tampered with, modified, or repaired by anyone without GIOSEPPO’s authorization.

In summary, the legal warranty does not cover any damage caused by reasons beyond GIOSEPPO’s responsibility.

Returns of products, without justified cause under the terms of this legal warranty, will only be accepted if previously authorized in writing by GIOSEPPO, and always in accordance with the provisions on this website. This document contains the only valid warranty recognized by GIOSEPPO. None of the terms and conditions provided in this legal warranty may be expanded or modified in any way without GIOSEPPO’s express consent.

If Consumer Protection legislation establishes presumptions regarding the existence of lack of conformity at the time of delivery to the final Consumer, it will be assessed whether such presumptions are compatible with the nature of the product and the type of lack of conformity manifested. Additionally, in the case of presumptions affecting lack of conformity, GIOSEPPO shall have the right to conduct an expert assessment to prove whether the lack of conformity existed at the time of delivery.

12. LEGAL WARRANTY OF PRODUCTS PURCHASED THROUGH OUR WEBSITE

As a Consumer and User, you have the right to receive a paper invoice. If you wish to receive an electronic invoice, its issuance will be subject to your express consent here. You may revoke such consent at any time.

13. RETURNS AND EXCHANGES

GIOSEPPO shall be liable to the Consumer or User for any lack of conformity existing at the time of delivery of the goods, in cases where the product does not fully or partially comply with normal usage conditions. That is, if the product has a manufacturing defect or does not match the description provided on the website https://hotpotatoes.es/ The Consumer or User, by submitting a declaration to GIOSEPPO, may request the remedy of such lack of conformity through the return or exchange of the product, subject to the provisions of our conditions, as well as the warranty covering products purchased through our website.

ONLINE DISPUTE RESOLUTION

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, in the event of a disagreement regarding contractual obligations arising from online sales contracts between the consumer, resident in the Union, and CMWEB SOLUTIONS, S.L., as a trader established in the Union, online extrajudicial dispute resolution shall apply in an independent, impartial, transparent, efficient, and fair manner, through the following link: