The purpose of this document is to establish the general terms and conditions for the use of this website, which must be accepted and complied with by all persons, professionals and companies that wish to make use of it.
Mediodía Marbella S.L. reserves the right to modify, at any time and without prior notice, the presentation and configuration of both this website and this legal notice and its policy document on cookies.
Mediodía Marbella S.L. is the owner of the website https://ostrasmediodia. com and responsible for its data, is in accordance with the requirements of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), and also complies with Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals (RGPD), as well as Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE).
This website provides or may provide links to other websites and content that are owned by third parties. The only purpose of the links is to provide you with the possibility of accessing these links, hence Mediodía Marbella S.L. is not responsible in any case for the results that may be derived from accessing these links.
The person who intends to establish any technical device to link from its website to this site must have the prior written authorisation of Mediodía Marbella S.L.; being that the establishment of the link does not imply in any case the existence of a relationship between this website and the owner of the site where the link is established, nor the acceptance or approval by Mediodía Marbella S.L. of its contents or services.
The details of Mediodía Marbella S.L. are as follows:
- C.I.F. B-93475077, registered office in 20602 Marbella, C/ Francisco Quevedo s/n, Mercado Central de Marbella, Posts 67-68, “Mediodía Champagne & Ostras”.
- Registered in the Mercantile Registry of Malaga in Volume 5511, sheet 105, page MA-133853, 1st entry.
- Email: info@ostrasmediodia.com. Phone: +34 952 777 504
- Data Protection Officer: Mediodía Marbella S.L.
- Activity: Catering and online shop of drinks and food separately and in mixed formats.
- Purpose of the website: contact, make reservations, sell products on line, and publicize our activity.
You agree to use this website and its content and services without contravening current legislation, generally accepted uses, and public order. It is forbidden to use the web for illegal or harmful purposes against Mediodía Marbella S.L. or a third party, which in any way may cause damage or prevent the normal use of this web.
The contents and services offered by this web respect the principle of personal dignity, protection of youth and children, non-discrimination for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social aspect; being that Mediodía Marbella S.L. reserves the right to withdraw all those comments and contributions that violate the law or do not respect the principles indicated.
These general conditions do not confer any other right to use, alter, exploit, reproduce, distribute or publicly communicate this website and/or its contents other than those expressly provided for herein. The contents (information, sound and/or image files, photographs, designs, etc.) collected on this website are the property of Mediodía Marbella S.L. or are duly authorised for dissemination by their legitimate owners. In any case, you recognise and accept that all the industrial and intellectual property rights of the contents and/or any other elements inserted in this website belong to Mediodía Marbella S.L. or are duly authorised for their diffusion in this website.
Mediodía Marbella S.L. undertakes not to carry out misleading advertising.
Mediodía Marbella S.L. does not give any guarantee nor is it responsible for any damages of any kind that may be caused to you by:
- The lack of availability, maintenance and effective functioning of the website and/or its services or contents.
- The existence of viruses, malicious or harmful programs in the contents.
- The illicit, negligent, fraudulent use, contrary to these General Conditions, good faith, generally accepted uses or public order, of the website, its services or contents, by users.
You are informed that your personal data, as a client or as a supplier, has been provided by you voluntarily and will be included in an automated file of personal data, created and maintained under the responsibility of Mediodía Marbella S.L. The purpose of this file is to facilitate the management and processing of orders and reservations and, in the event that you have expressly authorised us in the corresponding box, also to send in the future, directly or through collaborating companies, commercial communications about products and services that may be of interest to our clients; in this way the security and confidentiality of the data provided is guaranteed; committing ourselves to the fulfilment of our obligation of secrecy of the personal data and of our duty to save them and adopt all the necessary measures to avoid their alteration, loss, treatment or unauthorised use.
Your personal data that we process will never be specially protected and will be so for the normal management of our activity with respect to you.
We collect and store information about you for the following purposes:
- We will contact you to respond to the message, in all cases using the email address to reply or the means of contact provided including instant messaging.
- Realizar la contratación del servicio, el pago y la gestión informativa, administrativa, contable y fiscal derivada del mismo.
- To carry out the contracting of the service, the payment and the informative, administrative, accounting and fiscal management derived from it.
- To send you information and publicity, by any means (mail, sms, telephone, letter, etc.) about Mediodía Marbella S.L. services, unless you oppose it; you can oppose it by e-mail to: info@ostrasmediodia.com
- To ensure compliance with the conditions of use and applicable law. This may include the development of tools and algorithms that help this website to ensure the confidentiality of the personal data it collects.
- To support and improve the services offered by this website.
- To store comments or ratings, if you choose to leave them.
- We also collect other non-identifying data obtained through some cookies that are downloaded to the user’s computer when he/she navigates this website, which we detail in the “Cookie Policy”.
Therefore, we collect information provided by you when you access our website by monitoring:
- The products you have seen: we will use this to, for example, show you products you have seen recently.
- The location, IP address and browser type: we will use this for purposes such as estimating taxes and shipping costs.
- Shipping address: we will ask you to provide your exact address so that we can, for example, estimate the cost of shipping before you place an order, and ship that order to you.
- We use cookies to track the contents of your cart while you are browsing our website.
- When you buy from us we ask you to provide information including your first and last name, billing address, shipping address, email address, phone number, credit card/payment details and optional additional information such as username and password. We will use this information for purposes such as:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Processing payments and preventing fraud
- Set up your account for our shop
- Fulfill any legal obligations we have, such as tax calculations.
- Improve our shop’s offers.
- Send you promotional messages, if you choose to receive them.
If you create an account, we will store your name, address, email, phone number, and any other information you provide and use this information for the payment process and future orders.
Mediodía Marbella S.L. does not sell, rent or give away personal data which could identify the user, nor will it do so in the future to third parties without prior consent, but for the best performance of its services, Mediodía Marbella S.L., is obliged to provide certain data of its clients (name, address, telephone number, etc.) to other companies which collaborate with the service (transporters, financial entities, etc.). In all cases the data provided will be those strictly necessary for the specific activity to be carried out. You expressly authorise the transfer of your personal data for this purpose if this is necessary for the correct management of your order.
As a client, you are solely responsible for the veracity and correctness of the data you send us; exonerating Medidodía Marbella S.L. from any responsibility in this respect; guaranteeing and responding, in any case, to the accuracy, validity and authenticity of your personal data provided, and committing to keeping them duly updated.
Your data will be kept for the duration of the contractual relationship. Once the contract has ended, Mediodía Marbella S.L. will keep them blocked during the legal prescription periods. And if they have been provided by means of our contact forms or the contact email, when the reason for it ends. Finally, if the data is based on consent, it will be kept until the revocation of the same. Data relating to legal obligations will be kept for the legally prescribed periods. In any case, we will retain your data to comply with the requirements of applicable law, prevent unlawful actions, resolve disputes, and other actions permitted by law, i.e. for the legally prescribed periods. Once it is no longer necessary to process your data, we will delete and/or block it in accordance with our data retention and deletion policy and the legal prescription periods in accordance with the regulations in force.
After these periods we will destroy your data.
If you leave a comment, the comment and its metadata are kept indefinitely. This will be so that we can recognise and approve successive comments automatically rather than keeping them in a moderation queue.
Of the users who register on our site (if any), we also store the personal information they provide in their user profile. All users can view, edit or delete their personal information at any time (except they cannot change their user name). The site administrators can also view and edit this information.
You declare that you have been informed of the conditions regarding the protection of personal data; you accept and consent to the processing of this information by Mediodía Marbella S.L. in the manner and for the purposes indicated above.
You may at any point exercise your rights of access, rectification, cancellation and opposition by writing to our email address info@ostrasmediodia.com or by writing to Mediodía Marbella S.L., C/ Francisco Quevedo s/n, Mercado Central de Marbella, Posts 67-68, “Mediodía Champagne & Ostras”, 29602 Marbella (Malaga-Spain). Likewise, your consent can be revoked at any time by communicating it in writing to Mediodía Marbella S.L. at any of the addresses indicated; the revocation of your consent will not be retroactive.
Your request must indicate the reference “Data Protection”. The request must include: name, surname and a photocopy of your official identity card; request specifying your request and address for service. You may file a complaint with the supervisory authority, in this case the Spanish Data Protection Agency (www.aepd.es), if you consider that the processing of personal data concerning you infringes the regulations on this matter.
The policies of use and data protection of this website are governed by Spanish law, hence in the event of any dispute over its validity, execution, compliance or resolution, Mediodía Marbella S.L. and you agree, expressly waiving your own jurisdiction or any other that, where appropriate, may correspond, to submit to the jurisdiction of the courts of Marbella as the owner of this website is domiciled and, therefore, the place of compliance with the obligations related to the policy of use and data protection.
In relation to any dispute arising from the execution and performance of the contract or services offered on this website, which could not be resolved out of court, the Courts and Tribunals of your domicile in Spain or designated in Spain will be competent, given that both this website and its contents and services offered are governed by Spanish legislation.
Notwithstanding the above, in accordance with the provisions of Article 40.5 of Law 7/2017, of 2 November, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council, of 21 May 2013, on the alternative resolution of consumer disputes, you are hereby informed of the following link which provides you with identifiable and easy access to the European Union’s online dispute resolution platform: http://www. ec.europa.eu/consumers/odr, which, in turn, includes the Consumer Arbitration Board of the Autonomous Community of Andalusia, telephone +34 955006300 and website, among the dispute resolution bodies that appear on this European Union website:
http://www.consumoresponde.es/temas/arbitraje_de_consumo;
and its e-mail address is: juntaarbitralconsumo.csalud@juntadeandalucia.es.
In accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of 16 November, on the General Law for the Defence of Consumers and Users, you are hereby informed that none of the services offered by this website admit the right to withdraw if any of the following are involved:
The provision of a catering service enjoyed by you voluntarily and, therefore, executed by the company.
The supply of products prepared according to your specific specifications and, therefore, personalised.
The supply of products that can deteriorate or expire quickly.
The supply of sealed products that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
On the other hand, you may cancel the table reservation made and confirmed at any time prior to the agreed day and time and without any penalty or compensation.
Finally, access to this website does not in any way imply the existence of a commercial relationship between you and Mediodía Marbella S.L. The website only provides information about the establishment and the products of the online shop at the time of requesting the aforementioned information; you must in any case be over eighteen years old, the legal majority in Spain.
If you have any questions about this legal notice or any comments about the website, please contact: info@ostrasmediodia.com.