GENERAL TERMS AND CONDITIONS OF CONTRACTING

www.golfsotogrande.com

0. PRE-CONTRACTING INFORMATION

Below, for your reading and understanding, are set out the General Terms and Conditions of Contracting (hereinafter, the “General Terms and Conditions”), which shall apply to all remote commercial sales transactions of goods and/or products carried out electronically through the online store of the Website www.golfsotogrande.com (hereinafter, the “Website”), from the moment the BUSINESS provides the CONSUMER with the General Terms and Conditions in the order confirmation document, and not at any prior time.

These General Terms and Conditions will remain in force and valid for as long as they are accessible through the Website. If you do not agree with them, you should not use this Website.

The BUSINESS reserves the right to modify, in whole or in part, at any time, both the General Terms and Conditions as well as any legal notices, guidelines, and/or rules of use included on the Website, which, as the case may be, shall replace, supplement, and/or modify the General Terms and Conditions set out herein, without affecting items and/or products acquired prior to such modification.

Such modifications may be made, through the Website, by any legally admissible means and shall be binding for as long as they remain published on the Website until they are validly replaced by subsequent ones.

The BUSINESS informs that the CONSUMER may access the General Terms and Conditions by clicking on the “General Terms and Conditions of Contracting” link. We recommend that the CONSUMER consult the General Terms and Conditions periodically, as they may be subject to changes. The current version of these conditions can always be consulted at:

www.golfsotogrande.com/es/

Nevertheless, the BUSINESS reserves the right to apply, in certain cases, Specific Terms and Conditions in preference to these General Terms and Conditions whenever it deems appropriate, duly announcing them in a timely manner.

In the event of any contradiction between the provisions of these General Terms and Conditions and the Specific Terms and Conditions, the provisions of the latter shall always prevail with respect to the incompatible terms, and only in relation to the goods and/or products subject to such specific conditions.

Acceptance of this contractual document implies that the CONSUMER:

a.         Has read, understands, and comprehends what is stated herein.

b.         Is a natural person or represents a legal entity with sufficient capacity to contract.

c.          Accepts all the conditions and obligations set forth herein.

1. PARTIES AND IDENTIFICATION

On the one hand,

The BUSINESS is REAL CLUB DE GOLF SOTOGRANDE, Tax ID: G11048212, with registered office at Paseo del Parque s/n, 11310 Sotogrande, San Roque, Cádiz (Spain), telephone (+34) 956785014 and email reservas@golfsotogrande.com

And, on the other hand,

The CONSUMER, registered on the Website with a username and password, or as a guest user without registration, over which they have full responsibility for use and safekeeping, being responsible for the accuracy of the personal data provided to the BUSINESS.

Only those natural or legal persons who duly prove their status and accept these General Terms and Conditions, and any applicable Specific Terms and Conditions, together with the Legal Notice, Privacy Policy, and Cookie Policy, shall be considered CONSUMERS, governing our commercial relationship from the moment the BUSINESS sends them the General Terms and Conditions in the order confirmation document, and not before.

If you do not agree with any part of these terms, you will not be able to purchase any of the items and/or products offered on the Website.

In the case of natural persons, the purchase of items and/or products by individuals under the age of 18, or by legal persons that do not meet the requirements set forth in these General Terms and Conditions of Contracting, is expressly prohibited.

Any order placed on the Website by a minor providing false information shall be deemed to have been made under the supervision and authorization of their parents, guardians, or legal representatives.

2. PURPOSE OF THE CONTRACT

These General Terms and Conditions shall govern the commercial relationship between the BUSINESS and the CONSUMER arising from the purchase of items and/or products made on the Website.

In light of the foregoing, the CONSUMER shall only be subject to the General Terms and Conditions from the moment they receive from the BUSINESS all the purchase conditions in the order confirmation document.

Contracting involves the delivery, upon payment of a specific price publicly displayed on the Website, of a specific product.

These Terms and any document expressly referred to herein constitute the entire agreement between the CONSUMER and the BUSINESS with respect to the object of the sale and purchase and supersede any prior arrangement, agreement, or promise made orally or in writing between the parties.

The CONSUMER and the BUSINESS acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for those expressly mentioned in these Terms.

3. TERMS OF ACCESS AND USE OF THE WEBSITE

Access to the Website is free and unrestricted, except for the cost of connection through the telecommunications network provided by the access provider contracted by the user.

Access to most of the Website content is completely free and does not require prior registration, without prejudice to the BUSINESS conditioning the use of certain services offered on the Website to the prior completion of the corresponding form, which may involve the payment of fees.

Access to the Website by persons under 14 years of age is prohibited. However, if a minor accesses the Website, it shall be presumed that such access has been authorized by their parents, guardians, or legal representatives, without prejudice to the BUSINESS reserving the right to make any verifications it deems appropriate.

Under no circumstances shall the BUSINESS be responsible for the accuracy of the data provided by the user, and the user shall be solely responsible for ensuring that the information provided to the BUSINESS is appropriate, accurate, and precise, or otherwise for any consequences that may result from poor quality data or false or inaccurate statements made.

3.1. Requirements to become a registered user

In order to purchase the items and/or products made available by the BUSINESS to consumers, it is necessary to register in advance, providing, through the designated forms, at least the mandatory registration data required.

It is an essential requirement to register as a user to be over eighteen (18) years of age and to provide through the Website all the mandatory information required. Both natural and legal persons may register on the Website.

Every registered user will have an access password, which shall, in all cases, be personal, non-transferable, and have a limited validity period. This password must meet minimum length and security requirements. The user may change or recover this password at any time, following the procedure provided on the Website. Under no circumstances will the BUSINESS have direct access to this password except for the purpose of providing Website access services to users.

Therefore, the user is obliged to immediately notify the BUSINESS of any event that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access, in order to proceed with their immediate cancellation. Until such events are reported, the BUSINESS shall be exempt from any liability arising from the misuse of identifiers or passwords by unauthorized third parties.

3.2. Deregistration as a registered user

The user may, at any time, request to deregister from the Website by managing it through the “My Account” section available on the Website.

In any case, once deregistered, the user may request a new registration, without prejudice to the BUSINESS’s right not to accept such registration in the specific cases indicated in the clause “Requirements to become a registered user,” or in the event of a conflict or dispute between the parties, whether unresolved or concluded with recognition of the user’s fault or negligence and/or harm caused to the BUSINESS, its collaborators, associates, or users, consumers, or potential consumers.

3.3. Requirements to become a guest user

Purchases of items and/or products made available by the BUSINESS to consumers may be made as a guest user without prior registration.

Guest users may be natural persons over eighteen (18) years of age and legally established legal entities with sufficient capacity to contract, who provide through the Website all the mandatory information required, including identification details, delivery address, billing details, and chosen payment method.

If the consumer has made previous purchases, once they select and add items and/or products to the cart, they will be able to access their customer details entered in their prior purchase.

4. DESCRIPTION OF ITEMS AND/OR PRODUCTS

In compliance with current legislation, and in particular Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, the BUSINESS provides, in each section of the Website, depending on the type of product concerned, information about the product, its characteristics, and prices. The products offered on the Website are golf green fees and buggy and electric trolley rentals.

The items and/or products offered, as well as others that may in the future be offered through the Website, will be delivered in exchange for the corresponding payment to be made by the CONSUMER, and will confer upon the CONSUMER a right of use, subject to the timeframes, conditions, and terms of these General Terms and Conditions and any Specific Terms and Conditions that may apply.

Nevertheless, the BUSINESS reserves the right to withdraw, replace, or change the items and/or products offered through the Website by simply modifying their content.

Thus, the items and/or products offered on the Website at any given time shall be governed by the General Terms and Conditions in force at that time. Likewise, the BUSINESS may discontinue, without prior notice and at any time, access to the mentioned items and/or products.

The descriptions established in each case shall govern the provision by the BUSINESS of the items and/or products offered to the CONSUMER.

4.1. Availability of items and/or products

The availability of items and/or products offered by the BUSINESS through the Website may vary depending on consumer demand. Although the BUSINESS updates its stock periodically, the product requested by the CONSUMER may be out of stock at that time. In such a case, the BUSINESS will contact the user by email or telephone call to resolve the issue with the order, offering an alternative similar product, waiting for the selected product to become available again in stock, or proceeding with the cancellation of the order.

4.2. Pricing and validity

The prices of items and/or products are always displayed in euros (€) and include the corresponding Value Added Tax (VAT) or any other applicable taxes, which will always be those in force.

VAT is included in these prices. Unless expressly stated otherwise, prices do not include shipping, handling, packaging, shipping insurance, or any other additional services related to the purchased product.

The prices shown on the Website apply exclusively to the items and/or products offered through the Website and for as long as they remain published and are automatically applied during the contracting process at its final stage.

The BUSINESS expressly reserves the right to modify prices at any time without prior notice. However, the rates in effect at the time of placing the order will in all cases apply.

4.3. Invoicing

According to Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users, in contracts with consumers and users, they are entitled to receive a paper invoice, with receipt of a paper invoice being a free right of the consumer. The issuance of an electronic invoice is conditional on the BUSINESS having previously obtained the express consent of the consumer.

Royal Decree 1619/2012 of 30 November, approving the Regulation governing invoicing obligations, in its Article 3 establishes that for sales not exceeding €400, VAT included, or retail sales not exceeding €3,000, VAT included, the BUSINESS may issue a simplified invoice and a copy thereof, in sales operations carried out through the Website where the recipient of the purchase does not act as a business or professional, but as a final consumer.

For the cases indicated above, where the issuance of a simplified invoice is permitted, the BUSINESS will not request the buyer’s personal data during the purchase process. When the recipient of the invoice is a business or professional wishing to deduct tax, or a consumer requiring an invoice to exercise a tax right, the BUSINESS must include the recipient’s Tax ID (NIF/NIE), address, and the applicable tax amount.

Due to our ecological policy, the consumer expressly consents to receiving the simplified invoice in electronic format. However, if they wish to receive it in paper format, they may request it free of charge by sending an email to contabilidad@golfsotogrande.com

By checking the box “I authorize and request the electronic invoice” during the contracting process, the CONSUMER expressly authorizes the BUSINESS to issue and send the purchase invoice for the order to their email in .pdf electronic format, except where the CONSUMER expressly requests that the purchase invoice be sent in paper format by regular postal mail.

To do so, they must contact Customer Service at (+34) 956785014 or by email at contabilidad@golfsotogrande.com and request the paper invoice, which will be sent by the BUSINESS via postal mail to the address indicated by the CONSUMER.

The CONSUMER’s right to receive a paper invoice shall not be conditional upon the payment of any fee.

For any information regarding the order, changes to shipping and billing addresses, or corrections to data provided, the CONSUMER must contact the BUSINESS at (+34) 956785014 or contabilidad@golfsotogrande.com. In any case, the order number assigned and indicated in the purchase confirmation email must be included in the subject line of the message or provided during the call.

5. PURCHASE PROCESS

The contracting procedure in the online store may be carried out in Spanish or English.

All order processing, contract completion, and subsequent communications with the CONSUMER will be conducted in Spanish and also available in English.

To access the items and/or products offered by the BUSINESS, the CONSUMER must register through the Website by creating a user account or as a guest user without prior registration. To do so, the CONSUMER must freely and voluntarily provide the personal data required in the “Create new account” form:https://reservas.golfsotogrande.com/consumer/register?

The CONSUMER shall select a valid email address and a password, agreeing to use them diligently, not disclose them to third parties, and notify the BUSINESS of their loss, theft, or potential access by an unauthorized third party, so that immediate blocking can be carried out. The CONSUMER is solely responsible for any damages suffered or caused by improper use of their credentials due to poor custody or use on their part.

The CONSUMER is responsible for treating the identity and password obtained in the user registration confidentially and responsibly, and may not transfer them to others.

The BUSINESS’s contracting platform will inform the CONSUMER, once the contracting process is completed, by email, about all the characteristics, price, transport methods, date of contracting, and delivery time of the purchased product.

Once the CONSUMER’s account has been created, and in accordance with Article 27 of Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce, the contracting procedure will follow these steps:

1.         The CONSUMER, as a registered or guest user, must select the product(s) they wish to purchase and add them to the “Shopping Cart” by clicking on the “Add” button.

2.         The CONSUMER may verify that the product(s) have been correctly added to the “Shopping Cart,” where the number of selected items will be displayed.

3.         Before proceeding with the order, the CONSUMER must carefully read these General Terms and the basic data protection information provided, accepting them in full by checking the following box:

□ I agree with the basic data protection information provided and with the General Terms and Conditions of Contracting, accepting both without reservations.

4.         The CONSUMER will be shown a detailed summary of the items/products in the “Shopping Cart,” including:

    • Product image
    • Product description
    • Product availability
    • Unit price
    • Quantity
    • Subtotal of items/products (including VAT)
    • Subtotal shipping costs (including VAT)
    • Taxes
    • Total

5.         The CONSUMER will then be shown an electronic form to be completed with billing and delivery address details. Once completed, click the SAVE button.

6.         As the payment method, the CONSUMER will use one of the options established by the BUSINESS on the Website.

7.         The order will be processed once the CONSUMER clicks the “Order with obligation to pay” button at the bottom of the page.

8.         Once the purchase has been completed, the CONSUMER will receive a purchase confirmation (“Proof of Purchase”) by email, which serves as proof of the transaction and may be printed. The order confirmation and Proof of Purchase do not constitute an invoice.

9. To check the status of pending orders, the CONSUMER must log in via “My Account.” After logging in, they may access their order page, where orders are listed by date and include the status of the order.

Communications, purchase orders, and payments involved in transactions made through the Website may be archived and stored in the BUSINESS’s computerized records as proof of transactions, always in compliance with reasonable security conditions and applicable laws and regulations, particularly Regulation (EU) 2016/679 of the EUROPEAN PARLIAMENT and COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION – GDPR EU 2016/679), and Organic Law 3/2018 of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018), and the rights of Users as set out in the Website’s privacy policy.

6. TECHNICAL MEANS TO CORRECT ERRORS

The CONSUMER is informed that in the event they provide incorrect data when placing an order request on the Website, they may modify it by contacting the BUSINESS via the contact form on the Website, by email to reservas@golfsotogrande.com, through CUSTOMER SERVICE at (+34) 956785014, or via their personal “My Account” section.

7. PAYMENT METHODS

To proceed with payment, the CONSUMER must follow all instructions displayed on the Website. Payment for items and/or products may only be made by the payment methods indicated on the Website at any given time.

For credit and/or debit card payments, the payment will be subject to checks and authorization by the issuing entities. If such entities do not authorize the payment, the purchase process cannot continue, and the order will be automatically canceled, with the sale deemed not completed. The price of the service and any applicable taxes will be displayed at the time of placing the order.

To enhance online shopping security, the BUSINESS has implemented processes to improve transaction security through the incorporation of a payment service provider and a banking intermediary that guarantee confidentiality and security of operations, requiring authentication for each purchase made on the Website in cases required by payment security regulations (PSD2).

All payment orders are identified by a code generated by the payment provider, without which no transaction will be authorized by the corresponding bank. This code allows the BUSINESS to process payments without storing card details.

Under no circumstances will the BUSINESS store the data provided by CONSUMERS through the payment gateway in its own systems. Such data will only be retained while the purchase is being made, the payment is processed, and until the withdrawal period expires.

Payment methods available on the Website include:

Credit and/or debit card: The Website uses Caixabank’s secure payment gateway. All data provided is encrypted to ensure maximum security. They are hosted on a secure server certified under the “Secure Socket Layer” protocol. Both personal and banking data are protected in compliance with Regulation (EU) 2016/679 of the EUROPEAN PARLIAMENT and COUNCIL of 27 April 2016 (General Data Protection Regulation – GDPR EU 2016/679) and Organic Law 3/2018 of 5 December (LOPDGDD 3/2018). Data is kept strictly confidential. In no case will data provided by CONSUMERS through the payment gateway be stored; they will only be retained while the purchase is made, payment processed, and until the withdrawal period expires.

The CONSUMER’s purchase may be delayed for fraud checks. It may also be suspended for a longer time for a more thorough investigation to prevent fraudulent transactions.

8. VALUE ADDED TAX

In accordance with Article 68 of Law 37/1992 of 28 December, on Value Added Tax, the delivery of items and/or products shall be deemed to take place in the territory where Spanish VAT applies. The applicable VAT rate shall be the rate legally in force at the time, depending on the specific item concerned.

Likewise, and in accordance with COUNCIL DIRECTIVE (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain VAT obligations for the provision of services and distance sales of goods, purchase orders shall be deemed located, for delivery and/or provision, in the EU Member State where the address provided in the purchase order is located, and therefore, the applicable VAT shall be that in force in said Member State.

9. ORDER PROCESSING

Once receipt of payment for the product for the full amount indicated in the purchase process has been verified, the BUSINESS will begin processing the order.

The BUSINESS does not guarantee the price offered in this order for more than five days from its date. If payment has not been made within five days using the established means, the price may be modified.

It is also recommended that the CONSUMER print and/or save a durable copy of the sales conditions when placing the order, as well as the receipt of confirmation sent by the BUSINESS by email.

The BUSINESS will deliver the items and/or products exactly as they appear on the website.

In the event of any incident detected upon delivery of the goods, the CONSUMER must contact via the contact form, indicating in the message all aspects related to the delivery incident.

10. CONDITIONS OF SERVICE PROVISION

The services offered through the Website—golf green fees, buggy rentals, and electric trolley rentals—will be confirmed electronically after the corresponding payment is validated. The booking confirmation will be sent to the email address provided by the CONSUMER during the purchase process. This confirmation shall serve as proof of the service contract.

No physical shipment of any item or product is carried out, since the contracted services are enjoyed in person at the facilities indicated during the booking process.

10.1. Service Confirmation and Availability

The CONSUMER may check real-time availability through the Website. If, for any reason, the service cannot be provided on the selected date or time slot, the BUSINESS will contact the CONSUMER as soon as possible to offer a viable alternative or process a full refund of the amount paid.

The BUSINESS assumes no responsibility for delays or cancellations caused by force majeure, adverse weather conditions, operational issues of the golf course, or any circumstances beyond its reasonable control.

10.2. Place of Service

Services will be provided exclusively at the location indicated at the time of booking, i.e., the golf course or sports facility selected by the CONSUMER. The CONSUMER must attend personally at the indicated place, date, and time, being responsible for punctuality and compliance with the establishment’s internal rules.

10.3. Modification or Cancellation of the Booking

The CONSUMER may modify or cancel their booking within the period and under the conditions set out in the cancellation policy published on the Website. Failure to attend the agreed place, date, and time without prior notice will be considered an unjustified cancellation and will not entitle the CONSUMER to a refund, unless otherwise specified in the service-specific policy.

10.4. Inability to Provide Service

If the BUSINESS cannot provide the booked service due to causes attributable to it (such as course closure, vehicle breakdown, or other justified reasons), it will immediately inform the CONSUMER and offer:

    • To reschedule the booking for a new date/time,
    • To provide an equivalent alternative service,
    • Or to process a full refund of the amounts paid.

10.5. Promotional Codes: Terms and Conditions

The BUSINESS may issue single-use promotional codes as incentives for CONSUMERS. If the BUSINESS believes that a CONSUMER has deliberately circumvented measures established to restrict such use, it may adjust the subsequent order accordingly. By using promotional codes, it is the CONSUMER’s responsibility to ensure that the promotion or discount is accurately applied at checkout and within the applicable period.

CONSUMERS must immediately contact the BUSINESS if they detect any error or if the promotional code is not correctly applied to their purchase.

The types of offers and promotions provided by the BUSINESS may vary depending on its own needs, indicating in each promotional code which purchases of items and/or products they apply to, their benefits, and their expiration dates.

The offer is subject to valid registration and acceptance of the Website’s standard terms and conditions.

The promotional code is non-transferable and cannot be sold or exchanged. Only one promotional code may be used per CONSUMER and exclusively applies to purchases of items and/or products made through the online store. Use of any promotional code constitutes acceptance of these terms and conditions.

11. ORDER WITHDRAWAL

11.1. Information on the Right of Withdrawal

In accordance with Article 103 of Royal Legislative Decree 1/2007, the CONSUMER may not exercise the right of withdrawal regarding services contracted through the Website when these concern:
“The supply of services related to leisure activities if the contracts provide for a specific date or period of performance.”

Therefore, it will not be possible to exercise the right of withdrawal in cases of booking green fees, buggy rentals, or electric trolley rentals when a specific date has been selected for provision.

However, if the CONSUMER books a service with a specific execution date (such as a green fee reservation for a specific day), they may cancel the booking free of charge up to sixteen (16) calendar days before the scheduled date of use. After this period, i.e., within the last fifteen (15) calendar days prior to the game date, no cancellations or refunds will be accepted, and the amount paid will be considered non-refundable.

To exercise this right, the CONSUMER must notify their decision in writing through one of the following means:

    • Postal address: REAL CLUB DE GOLF DE SOTOGRANDE Paseo del parque s/n, 11310, Sotogrande – Cádiz], Spain
    • Email: reservas@golfsotogrande.com
    • Telephone: +34 956785014

They may use the withdrawal form below, though its use is not mandatory.

11.2. Model Withdrawal Form

(Complete and send this form only if you wish to withdraw from the contract)

    • To the attention of: [Company name]
    • I hereby notify you that I withdraw from my contract for the provision of the following service: ________________
    • Order placed on: ________________
    • Name of consumer: ________________
    • Address of consumer: ________________
    • Signature of consumer (only if submitted on paper): ________________
    • Date: ________________

11.3. Exceptions to the Legal Right of Withdrawal

In accordance with Article 103 of Royal Legislative Decree 1/2007, of November 16, the right of withdrawal will not apply in the following cases:

a) When the contracted service relates to leisure or recreational activities (such as golf green fees or buggy/electric trolley rentals) and a specific date or period of performance has been set.


b) When the service has been fully executed by the BUSINESS, and the CONSUMER has expressly consented to the start of its provision before the withdrawal period has expired.

12. LIABILITY FOR DEFECTIVE PERFORMANCE OF THE SERVICE

The BUSINESS OWNER guarantees that the services contracted through the Website, such as the booking of green fees and the rental of buggies or electric trolleys, will be provided in accordance with the stated conditions, with the level of quality and availability offered at the time of contracting.

If the CONSUMER considers that the service received has not been provided as agreed —for example, due to unavailability of the booked service, defects in the rented equipment, or any other reason attributable to the BUSINESS OWNER—, they must report it as soon as possible, preferably within a maximum of 48 hours from the date of service provision or from the moment the incident occurred.

The BUSINESS OWNER will assess each claim individually and, if applicable, will offer the CONSUMER an appropriate solution, which may consist of:

    • Repetition or rescheduling of the service;
    • Substitution of the service for an equivalent one;
    • Or a partial or full refund of the amount paid, as appropriate.

Claims submitted outside the indicated period, or those arising from causes beyond the BUSINESS OWNER’s control (for example, delays caused by the CONSUMER, adverse weather conditions, or misuse of the rented equipment) will not be accepted.

The BUSINESS OWNER will not be held liable for damages or losses resulting from improper use of buggies or electric trolleys by the CONSUMER, nor for any incident arising from negligent use or contrary to the provided instructions.

13. INFORMATION ON THE PROCESSING OF PERSONAL DATA

In accordance with the provisions of 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, and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION – EU GDPR 2016/679), and Organic Law 3/2018 of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018), the BUSINESS OWNER informs CONSUMERS of the online store on the Website that all personal data provided by completing the electronic contact or registration forms available on the Website, or by sending emails to the various email accounts under the Internet domain dortomedical.com, form part of the BUSINESS OWNER’s Record of Processing Activities (RAT), which will be updated periodically in accordance with the provisions of EU GDPR 2016/679. Such data will be used by the company’s different departments for the purpose of providing the CONSUMER with our services, processing them (management, collection, and delivery of purchased items and/or products), sending newsletters regarding the BUSINESS OWNER’s offers, promotions, and recommendations, as well as sending commercial communications about our items and/or products by letter, telephone, email, SMS/MMS, WhatsApp, Telegram, or other equivalent electronic means, provided that the data subject has consented to the processing of their personal data for this purpose.

The legal basis for the processing is the execution of a contract to which the data subject is a party, the application of pre-contractual measures at the request of the data subject, or the express consent of the data subject. We will retain your personal data as long as there is a mutual interest in doing so, from the time you provide consent until you withdraw it or request restriction of processing. In such cases, we will keep your data blocked for the legally required periods. Data will not be disclosed to third parties, except where there is a legal obligation.

By entering their data into the electronic forms available on the Website, the CONSUMER gives explicit and unequivocal consent to the BUSINESS OWNER to process the personal data provided for the purposes mentioned above.

Such data will not be transferred by the BUSINESS OWNER to third parties without the explicit and unequivocal consent of the CONSUMER. This is without prejudice to the BUSINESS OWNER’s duty to cooperate with the competent administrative and judicial authorities that may require data from the affected CONSUMER.

Likewise, the BUSINESS OWNER informs the CONSUMER of their right to exercise the rights of access to personal data, rectification, erasure (right to be forgotten), restriction of processing, data portability, objection to processing, and not to be subject to automated individual decision-making. When the processing is based on consent, they also have the right to withdraw such consent at any time, by writing to the postal address Paseo del Parque s/n 11310 San Roque (Cádiz) Spain or by emailing contabilidad@golfsotogrande.com, clearly indicating the right they wish to exercise.

If you believe that the processing does not comply with current regulations or that your rights have been violated, you may also lodge a complaint with the Spanish Data Protection Authority at https://www.aepd.es You can consult our Privacy Policy at https://dortomedical.com/content/12-politica-de-privacidad

14. LIABILITY AND DISCLAIMER

The BUSINESS OWNER cannot guarantee the technical continuity of the Website, the absence of failures or interruptions in service, or that the Website will be available or accessible one hundred percent of the time. The Website is hosted on a secure server with the necessary SSL security certificate, which are the tools available to the BUSINESS OWNER to ensure the absence of viruses, worms, or any other harmful computer elements.

In no event shall the unavailability of the Website or the existence of failures therein entitle the CONSUMER or third parties to claim any kind of compensation or remedy.

15. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website, including but not limited to its programming, editing, compilation, and other elements necessary for its operation, designs, logos, text, and/or graphics, are the property of the BUSINESS OWNER or, where applicable, are licensed or expressly authorized by the authors.

All the contents of the Website are duly protected by intellectual and industrial property laws, and are registered in the corresponding public registers.

Total or partial reproduction, use, exploitation, distribution, and commercialization of such contents require the prior written authorization of the BUSINESS OWNER in all cases.

Any unauthorized use previously made by the BUSINESS OWNER will be considered a serious infringement of the author’s intellectual or industrial property rights.

Designs, logos, text, and/or graphics not owned by the BUSINESS OWNER and which may appear on the Website belong to their respective owners, who are themselves responsible for any possible disputes that may arise in relation to them.

The BUSINESS OWNER recognizes the corresponding industrial and intellectual property rights in favor of their holders, and their mere mention or appearance on the Website does not imply any rights or liability of the BUSINESS OWNER over them, nor any endorsement, sponsorship, or recommendation.

16. LINKS

The establishment of a hyperlink shall in no case imply the existence of relations between the BUSINESS OWNER and the owner of the Website on which it is established, nor the acceptance and approval by the BUSINESS OWNER of its contents or services.

Those who intend to establish a hyperlink must first request written authorization from the BUSINESS OWNER. In any case, the hyperlink will only allow access to the homepage or start page of the websites and must refrain from making false, inaccurate, or incorrect statements or indications about the BUSINESS OWNER, or from including illegal content, contrary to morality or public order.

The BUSINESS OWNER is not responsible for the use that each user makes of the information provided on the Website or for the actions carried out based on it.

The BUSINESS OWNER assumes no responsibility for the information contained in third-party websites that can be accessed through “links” or hyperlinks from any website owned by the BUSINESS OWNER. The presence of “links” or hyperlinks on the BUSINESS OWNER’s Website is for informational purposes only and in no case implies suggestion, invitation, or recommendation regarding them.

17. GENERAL PROVISIONS

These conditions have been presented in due time, in accordance with current legislation. Likewise, the BUSINESS OWNER makes these General Conditions available so that they may be stored and reproduced, thus fulfilling the legal duty of prior information.

Click here to download the General Terms and Conditions of Contract..

The BUSINESS OWNER reserves the right to modify, at any time and without prior notice, the presentation and configuration of the online store on the Website, its functionalities and/or the contents incorporated therein. Likewise, the BUSINESS OWNER may cease providing services at any time, while maintaining intact any commercial or other obligations acquired up to that moment.

In the event that any provision or provisions of these Purchase Conditions are considered null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative authority, such nullity or unenforceability shall not affect the remaining provisions. In such case, the affected clause or clauses shall be replaced by others that have effects as similar as possible to those of the replaced provisions.

18. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM

In compliance with Law 7/2017 of November 2, we inform consumers that our company is not affiliated with any alternative consumer dispute resolution entity and is not currently committed to participating in any procedure before an ADR entity.

19. EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in the performance of any of our obligations when caused by events beyond our reasonable control (“Force Majeure Event”).

Force Majeure Events shall include any act, event, non-performance, omission or accident beyond our reasonable control, including, but not limited to:

I. Strikes, lock-outs or other industrial action.

II. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.

III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.

IV. Impossibility of the use of trains, ships, aircraft, motor transport or other means of public or private transport.

V. Impossibility of the use of public or private telecommunications systems.

VI. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It shall be understood that obligations will be suspended during the period in which the Force Majeure Event continues, and we will be granted an extension of time for the performance of such obligations equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

20. JURISDICTION

These General Conditions are governed by Spanish law. For the resolution of all disputes or issues related to this Website or the activities carried out therein, Spanish legislation shall apply, to which the parties expressly submit, with the Courts and Tribunals of Cádiz (Spain) being competent for the resolution of all conflicts arising from or related to its use, unless the user has the status of consumer, in which case the parties submit to the Courts and Tribunals of the consumer’s place of habitual residence within Spanish national territory.

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect said provision or the part thereof that is null or ineffective, while the remaining provisions shall remain in force, and the affected provision shall be considered as not included, in whole or in part.

Likewise, these conditions are subject to any other provision, regulation or law that may be directly or indirectly applicable.