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Terms and Conditions

GENERAL CONTRACTING CONDITIONS

  1. WEBSITE OWNER

1.1. The owner of the website www.madeinamarillo.com (hereinafter "WEBSITE") is the company ONLINE BENCHMARKING SLU (hereinafter Made In Amarillo), provided with CIF: ESB01587831 and address at Calle Mendizabala 100, 01007 Vitoria-Gasteiz (ÁLAVA ). 

1.2. Made In Amarillo is registered in the Mercantile Registry of Álava, Volume 1700, Folio 141, Inscription 1 with Sheet VI-19926 as of 06/04/2020.

  1. CUSTOMER SUPPORT

2.1. At Made In Amarillo we will be happy to answer any questions you wish to ask us. To give you a better service and agility, we advise you to read our frequently asked questions section in detail, where you will find important information about our services and online sales.

2.2. Contact by email:

You can send an email directly to contacto@madeinamarillo.com and we will respond as soon as possible.

2.3. Contact through social networks or WhatsApp:

You can contact us by WhatsApp on the phone +34 644 23 88 05. Our customer service hours are from Monday to Friday from 10:00 a.m. to 8:00 p.m. On holidays, the WhatsApp service will not be available.

You can also contact us through our main social networks Facebook and Instagram.

  1. OBJECT

3.1. These Terms and Conditions are intended to regulate the use of the Site by Clients, where graphic arts services and products such as canvases, posters or mugs are marketed remotely for the general public (hereinafter, "CLIENT" or "USERS ”).

3.2. Made In Amarillo may, always depending on the development and evolution of its products and services, expand or modify its WEBSITE, including or replacing new products, services, activities or content.

3.3. Made In Amarillo will respect at all times the selective distribution agreements that it has entered into as an authorized distributor, reserving the right not to serve orders that presumably are not directed to the end consumer.

  1. CONDITIONS OF USE OF THE WEBSITE

4.1. Acceptance of the conditions of use and contracting.

4.1.1. These General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy, access and use, by the USER of the WEBSITE, as well as the contracting of products and services through it.

4.1.2. The USER must carefully read these General Conditions each time he accesses the Website, since these General Conditions may be modified.

THE USER states:

  1. That you have read and understood what is stated here;
  2. that he is a person of legal age and with sufficient capacity to contract;
  3. that it assumes all the obligations set forth herein.

4.1.3. The owner of the WEBSITE reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of how many elements make up the design and configuration of the Website.

4.2. Need for registration.

4.2.1. In general, to consult the WEBSITE it will not be necessary to register the USER. However, the purchase of products may be subject to the prior registration of the USER.

4.2.2. The data entered by the USER must be accurate, current and truthful at all times. The registered USER will be responsible at all times for the custody of their password, thus assuming any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of it. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered USER will be deemed to have been made by said registered USER, who will be responsible in any case for said access and use.

4.3. Rules of Use.

4.3.1. The User agrees to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Contract Conditions.

4.3.2. Likewise, it is obliged to make proper use of the services and / or contents of the WEBSITE and not to use them to carry out illegal or criminal activities that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property , or any other rules of the applicable legal system.

4.3.3. The USER undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no case limiting or exclusive, the User undertakes to:

  1. Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defense of terrorism or that violates human rights.

II.- Not to introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.

III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.

IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.

V.- Do not transmit unsolicited or authorized advertising, publicity material, "junk mail", "chain letters", "pyramid structures", or any other form of unsolicited delivery, except in those areas (such as commercial spaces) that have been exclusively designed for it.

VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

VII.- Not to impersonate other Users using their registration keys to the different services and / or contents of the Website.

VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.

IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on data protection.

The User undertakes to hold Made In Amarillo harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User's breach of any of the aforementioned rules of use, also reserving Made In Amarillo the right to request compensation for damages that corresponds.

4.4. Liability exclusion.

4.4.1. The USER's access to the WEBSITE does not imply for Made In Amarillo the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the USER, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.

4.4.2. Made In Amarillo is not responsible for any damage caused to the software and computer equipment of USERS or third parties during the use of the services offered on the WEBSITE.

4.4.3. Made In Amarillo is not responsible for damages of any kind caused to the USER that cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the WEBSITE service during the provision of the same or with previous character.

4.5. Contents and Services linked through the Website.

4.5.1. The access service to the WEBSITE includes technical link devices, directories and even search tools that allow the USER to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, Made In Amarillo will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the USER considers that there is a Linked Site with illegal or inappropriate content, they may notify Made In Amarillo without, in any case, this communication entailing the obligation to remove the corresponding link.

4.5.2. In no case should the existence of Linked Sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of Made In Amarillo with the statements, content or services provided.

4.5.3. Made In Amarillo does not know the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites. , nor for any other damage that is not directly attributable to Made In Amarillo.

  1. PURCHASE PROCESS AND CONTRACTING CONDITIONS

5.1. Search and select product

Choose the product you want to buy on our website and add it to the shopping cart by clicking the buy button within the product sheet. If you have any questions, you can send us an email from our contact section and we will help you with everything you need.

5.2. Data register

5.2.1. To place an order, the user will have the option to register.

5.2.2. When you register as a CLIENT, you create your own account on the WEBSITE, your data is safely stored and you only have to enter it once. You also have a history of all your orders, you can check their status at all times, repeat an order, etc.

5.3. Shopping basket

5.3.1. With the products that interest you in the shopping cart, you can see the total amount of your order, and once you have everything decided, you just have to click on the finish purchase button and follow the steps indicated on the screen to process your order . Now, you will enter the purchase process.

5.3.2. Made In Amarillo will confirm to the CUSTOMER, at the email address provided, the order placed at the end of the purchase process.

5.4. Purchasing process

In the purchase process, you must select the shipping data, or enter them if it is your first order, select the payment method and the delivery method, and finally you must check the summary of your purchase and accept the contracting conditions and the policy. Of privacy.

5.5. Price

5.5.1. The products published on the WEBSITE include the prices with the corresponding taxes, if applicable.

5.5.2. In our online store we do not sell any product at a price of € 0, with a 100% discount or below its cost, however, in case of price marking errors, due to computer or human errors, Made In Amarillo reserves the right to Cancel prior notice to the customer, orders that may contain products with wrong prices, at € 0 or 100% discount, or their price was by mistake below their cost. If you find an error of this type, please let us know from the contact section immediately.

5.6. Payment Methods

5.6.1. The available forms of payment are the following:

5.6.1.1. Credit card:

Pay with your card in a comfortable and secure way. We accept credit or debit cards (VISA, MasterCard, Maestro, American Express). This form of payment does not have any surcharge on your purchases, it is fast, comfortable and safe, therefore, we RECOMMEND this form of payment.

5.6.1.2. PayPal:

Secure payment solution that allows buyers and businesses to send and receive money online. To use this form of payment, you need to have a PayPal account created. If you do not have a PayPal account, you can create one by accessing www.paypal.com.

5.6.1.3. Accelerated payments:

Expedited or express checkout processes save customer payment and shipping information so that repeat customers can complete payment for their orders more quickly. When a customer returns to the store, if they choose an expedited checkout process, their information is automatically filled in at checkout.
We work with accelerated payment providers like Shop Pay, Apple Pay, and Google Pay.

5.6.1.4. Bank transfer or deposit:

If you prefer, you can make a bank transfer for the total amount of the order (shipping costs included, if any), to the following bank account:

IBAN: ES88 2100 1014 3602 0017 4414 (LA CAIXA)

Beneficiary: ONLINE BENCHMARKING SLU

** Very important notes for transfer orders **

- It is very important that in the SENDER or ORDERING field you indicate the following: Order number + your Name and Surname. 

- Transfer orders will not be considered effective until we confirm the corresponding payment. This usually takes from 1 to 3 working days from when the transfer is made, and, therefore, the delivery times of the order begin to run from this date.

- Orders by transfer whose payment is not received within a maximum period of 5 working days may be canceled by ONLINE BENCHMARKING SLU. Please take this information into account and as far as possible, we ask that you make the transfers as soon as possible.

5.6.2. Made In Amarillo is not responsible, under any circumstances, for unauthorized use of credit cards or any other payment method admitted through the Website, whether or not they have been reported by the owner thereof, as long as they are not aware of the fraudulent nature of these activities.

5.6.3. Made In Amarillo does not have access to the bank data linked to the CLIENTS 'means of payment and does not know or record these data during the payment transaction.

5.7. Shipping costs.

5.7.1. The shipping costs of the CLIENT's orders will be assumed by the CLIENT, unless expressly indicated otherwise.

5.7.2. Made In Yellow, will indicate the price of the shipping costs in the purchase process. These expenses must be approved by the CLIENT prior to the acceptance of the order, unless they are included in the price.

5.8. Delivery times.

5.8.1. Made In Amarillo will inform the CLIENT of the delivery times of the order in the purchase process.

5.8.2. Delivery times are effective from the moment the orders are placed.
Digital products are shipped within 3 to 6 business days via email (to the email indicated in the purchase process).
Physical products have a delivery time of between 8 and 15 business days. To do this, you have to take into account the production period (graphic arts elaboration time + production) and delivery times (time that the transport agency needs to deliver the package to the recipient).
Note: If the client makes a request to modify the graphic arts, the delivery times will be increased by an estimated time of between 1 and 3 business days.

5.8.3. The delivery times for each product are indicated on the product sheet and in the "Delivery Times" section.

* Normally the order will be delivered in the terms mentioned above, but at specific times of high demand (eg Black Friday, Christmas), shipments may be delayed in 5 or 6 business days.

5.8.4. Important: Orders received from Monday to Saturday until 2:00 p.m. will be managed the next day so that the client has a period of 24 hours for cancellation. Orders received on Sundays and holidays will be managed on the first available working day.

5.8.5. Because our items are personalized and custom designed, refunds cannot be made for cancellation. Our products are made to unique specifications and cannot be sold to anyone else. According to Spanish law Law 3/2014, of March 27 (article 103), the right of cancellation does not apply to custom-made articles.

5.9. International deliveries.

If you want a shipment to countries within the European Economic Community, check our rates for international shipments.

5.10. Doubts or queries.

If you have questions about any aspect related to shipping costs and / or shipping and delivery times, you can consult us through our WhatsApp or send us an email through our contact page.

5.11. Images, price and description of the products.

In cases where due to computer or human errors there is an error in the images shown, the descriptions or the prices of the products, and Made In Amarillo detects said error / s at the time of receipt of the order, during the course of shipping, or upon receipt of the order by the customer, Made In Amarillo reserves the right to cancel the order in whole or in part, and / or to offer the customer a modification of their order by correcting and correcting the erroneous data with the correct and updated data. .

  1. WITHDRAWAL

6.1. Right of withdrawal.

6.1.1. The CLIENT may freely withdraw from the purchase agreement (of the order), within a period of TWENTY-FOUR (24) hours following the date of receipt of the order. The date of the receipt proving the purchase of the product will serve to start the computation of the aforementioned term.

6.1.2. To exercise their right of withdrawal, the CLIENT must communicate it to the email address contacto@madeinamarillo.com, indicating for identification and management purposes the email used for the purchase and the order number. Made In Amarillo will reply to the CLIENT specifying the precise instructions for the exercise of the right of withdrawal.

6.1.3. Because our items are personalized and custom designed, refunds cannot be made for cancellation. Our products are made to unique specifications and cannot be sold to anyone else. According to Spanish law Law 3/2014, of March 27 (article 103), the right of cancellation does not apply to custom-made articles.

6.1.4. Made In Amarillo will refund the amount of the product, including shipping costs if said return is authorized by Made In Amarillo. We make refunds in the following cases:
Irreparable defectsAlthough all physical products are thoroughly checked prior to shipment, unexpected errors can occur. For the return for a defective product, it will first be necessary to verify the defect of the part by sending photos in which it is verified that the item is really damaged or deteriorated. Please get in touch with us through the contact form or write to us at contacto@madeinamarillo.com. The customer must bear the return costs and send them duly protected for transport. Once the Made In Amarillo merchandise has been received and verified, it will proceed to refund the amount corresponding to the physical product paid by the customer at the time of placing the order. Said return will be made by the same means of payment that were used to place the order.

Service not provided: You can request a cancellation and return of the order as long as it is within the first 24 hours from when you placed the order (before it is sent to production). Made In Amarillo will make said return by the same means of payment that were used to place the order.

6.1.5. Made In Amarillo will not accept the return of any product that suffers damage attributed to the CLIENT.

6.1.6. The return of the product must be made in its original packaging, without any type of use and in perfect condition, that is, not damaged, used or soiled by the CUSTOMER, and it will be sent to the place indicated by Made In Amarillo in the instructions sent to the CLIENT. Likewise, the packaging must be fully and comprehensively identified in order to know who the sender is.

6.1.7. In orders where there are additional discount promotions for compliance with certain purchase conditions, Made In Amarillo will pay the customer the amount corresponding to the returned products, being able to deduct from said amount, the amount of the additional discount applied at the time of purchase .

6.1.8. In orders where there are other types of promotions (3x2, 50% in the 2nd unit, etc.) Made In Amarillo will pay the customer the amount corresponding to the returned products if these had been paid by the CUSTOMER in the original order, being able to discount of this amount, the unpaid value of the product purchased at no cost. In case of returning products purchased FREE OF CHARGE in the original order, no refund of money will be made. 

6.1.9. In orders where there are gifts for purchase due to compliance with certain conditions, when the return of the product that gave access to the promotional gift is requested or as a result of the return of said products, the necessary conditions to obtain the gift are not met, Made In Amarillo may request the CUSTOMER to include the promotional gifts obtained together with the returned products. 

6.2. Guarantee.

6.2.1. Made In Amarillo declares and guarantees that it can sell its products from the website www.madeinamarillo.com.

6.2.2. Made In Amarillo declares and guarantees that its Internet platforms are technically prepared for the sale of the products offered. Made In Amarillo makes every effort to ensure that the information that appears on the web is as correct and accurate as possible.

6.2.3. Made In Amarillo guarantees the quality of all its products, in the legally established terms. Therefore, in accordance with current regulations, all products purchased through this website have a warranty period of two (2) years from the date of material delivery of the product.

6.2.4. This guarantee does not include deficiencies caused by negligence, blows, use or improper manipulation by the purchaser customer.

6.2.5. In the event that the product purchased on the web presents any damage, tare or deterioration not related to misuse, you as a buyer must notify our customer service, as soon as you have knowledge of it and always within the legal term. established 2 years from the delivery of the product.

6.2.6. To make use of the guarantee, it is essential to present the purchase invoice for the purchased product.

6.2.7. In the cases in which the use of the guarantee is justified, the defective product will be replaced or returned, under the legally established terms. In this case, all expenses that arise as a result of the return of the product / item purchased will be borne by Made In Amarillo, who will be in charge of managing the transport with the transport company.

6.2.8. This guarantee is independent of the right of withdrawal reflected in point 6.1. previous.

6.3. Return due to errors, breakages or product defect.

6.3.1 In the event that the client receives an erroneous shipment, he must notify Made In Amarillo within a maximum period of 48 hours from the date of delivery of the order, after checking the case, and provided that the product is in optimal condition, with its original packaging, without any type of use, after communication with the customer, and after carrying out appropriate checks, a courier will be sent to collect the wrong merchandise and replace it with the correct one.

6.3.2. In case of an error by Made In Amarillo in the preparation of the order, the transport costs for the change will be borne by Made In Amarillo, in case of error by the customer at the time of purchase, the customer must pay the cost of the transport service for the change.

6.3.3. In the event that the CUSTOMER has received the product in poor condition, with breaks or defects, in such cases, Made In Amarillo will request a test from the buyer in order to determine the damages / defects and be able to act accordingly. Photographs of the merchandise / order may be requested or any proof that allows us to verify the facts may be requested. Once the verification process is finished, whenever appropriate, a courier will be sent to collect the defective merchandise. As agreed with the CLIENT, it may or may not be replaced by other merchandise. The shipping costs for the return of the damaged merchandise will be borne by Made In Amarillo.

6.3.4. In the event that the client detects the lack of a product or gift item after receiving their order, they must notify Made In Amarillo within a maximum period of 48 hours from receipt of the order. After checking the case and after monitoring the internal preparation processes, Made In Amarillo will inform you whether or not to open a claim to the transport agency for the delivery of your order. In the event that the client detects such a situation and does not communicate it within a maximum period of 48 hours from delivery, Made In Amarillo will not be responsible for the management of said incident.

6.3.6. In case of doubts or queries with the return policy, please contact us from the contact section of our website.

  1. DISCLAIMER OF LIABILITY

7.1. Any access to a WEBSITE owned by third parties is not the responsibility of Made In Amarillo and must comply with the conditions of use and contracting and the privacy policy of the WEBSITE.

7.2. You acknowledge and accept that Made In Amarillo is not responsible for damages caused by system interruption, delay, suspension or loss of data due to connection or equipment failure, unauthorized access to data or other damages suffered by you in relation to the use of the services provided by Made In Amarillo, without prejudice to this, Made In Amarillo will develop the utmost diligence for the prompt resolution of incidents.

7.3. Made In Amarillo does not guarantee the content of emails sent from or to the Site, without prejudice to the security and diligence measures implemented and in accordance with industry standards at the time of implementation. 

7.4. Made In Amarillo is not responsible for loss or damage caused by the violation of these Terms and Conditions by the Customer.

7.5. To use the Site, you will need a compatible computer or device, an Internet connection and one of the payment methods accepted by Made In Amarillo. The price and any other expenses and fees associated with the services and devices described in this clause are not covered by Made In Amarillo or by the Merchant, unless otherwise specified. 

7.6. Made In Amarillo may suspend or terminate the provision of its services, in whole or in part, or take the necessary measures without prior notification to the Client in order to maintain the quality of the service in the following cases:

(I) Carrying out routine system maintenance or emergency system maintenance tasks;

(II) In case of overload;

(III) When Made In Amarillo detects a possible risk of interruption of services;

(IV) To guarantee the safety of the Clients, or when it is considered necessary for the good of the service.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

8.1. Made In Amarillo is the owner or holder of the rights to the domain name, trademarks and signs, the application, the Site and the contents, including the texts and images of the WEBSITE or, where appropriate, it has a sufficient license or authorization for its exploitation.

8.2. It is not allowed to use, reproduce, copy, transform or transmit the contents that are published on the WEBSITE, without the prior written authorization of the owner. If you have any questions regarding the ownership of any of the content, services and / or benefits offered through the site, please contact us to help you.

8.3. By accepting these General Conditions, the User assigns Made In Amarillo free of charge and exclusively, all the exploitation rights over the articles, comments and opinions (hereinafter, "the Contents") that the User publishes or whose publication authorize on the Website. Said assignment shall be understood to have been carried out for the global territorial scope, without any limitation, and for the maximum period of duration foreseen in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Property Law Intellectual, regularizing, clarifying and harmonizing the current legal provisions on the matter. Made In Amarillo may exploit the rights of reproduction, transformation, distribution and public communication of the Contents, in the broadest sense recognized by said Law.

8.4. The products that we offer for sale in our online store are 100% original and authentic products.

8.5. The images of the products displayed in this online store are completely faithful to the product and represent its original presentation, however, keep the following aspects in mind:

8.5.1. If a product does not have an image, the CLIENT can identify it with its name or description. If the CUSTOMER is interested in a product without an image and needs to view it to buy, please let us know. As far as possible, we will update the product image as soon as possible.

8.5.2. If you have doubts about a product because the image does not offer you enough information or quality, please let us know and we will give you a clarification as soon as possible.

8.6.4. If you have doubts about whether any image does not correspond to the product, and you think it could be an error, in that case we ask that you also let us know.

  1. PERSONAL DATA PROTECTION

The personal data requested for the provision of our services are included in files subject to the provisions of the Organic Law on Data Protection 15/1999 (LOPD) and Royal Decree 1720/2007, of December 21, by which approves the regulation for its development (RLOPD) and the General Data Protection Regulation of the European Union (EU 2016/679 GDPR).

The collection and processing of said data is carried out by Made In Amarillo, and their purpose is the management, provision, expansion and improvement of the services requested at any time by the user, the follow-up of queries, electronic communications and / or the compilation of statistics.

The services provided by Made In Amarillo are aimed at people over 14 years of age. In the exceptional case that a service is developed specifically aimed at minors of that age, Made In Amarillo will request the consent of the parents or guardians for the collection of personal data or, where appropriate, for the treatment thereof.

Made In Amarillo is committed to fulfilling its obligation of secrecy with respect to the personal data supplied and the duty to treat them with confidentiality and reserve, in accordance with current legislation. For these purposes, it will adopt the necessary measures to avoid its alteration, loss, treatment or unauthorized access.

  1. RIGHTS OF THE INTERESTED PARTIES

The current data protection regulations protect you in a series of rights in relation to the use that we give to your data. Each and every one of your rights are unipersonal and non-transferable, that is, they can only be carried out by the owner of the data, after verification of their identity.
Below we indicate which are the rights that assist you: Request ACCESS to your personal data.

  • Request the RECTIFICATION of your data.
  • Request the DELETE or deletion of your data (right to "forget") LIMIT or OPPOSE to the use we give to your data.
  • Right to PORTABILITY of your data for cases of telecommunications or internet services.
  • Right to WITHDRAW your consent at any time.
  • Right to file a CLAIM regarding data protection before the Control Authority: Spanish Agency for Data Protection

How can you exercise your rights in relation to your data?
To exercise your rights of access, rectification, deletion, limitation or opposition, portability and withdrawal of your consent, you can do so in the following way: Through our website, through any advertising email we send, using the links at the bottom to unsubscribe yourself or by sending an email to contacto@madeinamarillo.com to request any change in your personal data or preferences as well as unsubscribe from any ONLINE BENCHMARKING SLU service.

In addition to the rights that assist you, if you believe that your data is not being collected or processed in accordance with current Data Protection regulations, you may file a claim with the Control Authority, whose contact details we indicate below:

Spanish Agency for Data Protection C / Jorge Juan, 6. 28001, Madrid (Madrid), Spain.
Email: info@agpd.es - Telephone: 912663517 Web: https://www.agpd.es

  1. APPLICABLE LAW AND JURISDITION

The applicable law in case of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any question related to the services of this Portal, will be Spanish law. For the resolution of any conflict that may arise during the visit to the Website or the use of the services that may be offered therein, Made In Amarillo and the User agree to submit to the Judges and Courts of the User's domicile, provided that it is located in Spanish territory and acts as a consumer. Otherwise, the submission will be to the courts and tribunals of the city of Vitoria-Gasteiz, Spain.

  1. PRIVACY AND COOKIES

All users agree to comply with the privacy policy of the website in accordance with the provisions of the following section: PRIVACY POLICY

Likewise, this website uses its own and third-party cookies: COOKIES POLICY

  1. UPDATE OF THESE TERMS AND CONDITIONS

13.1. Made In Amarillo will periodically review these general conditions. The modification or addition introduced by Made In Amarillo will be effective immediately after it is published on the Website. Modifications to these general conditions will not be retroactive.

13.2. You acknowledge and accept that you will be bound by the terms and conditions applicable to the Site at all times and you agree to execute and comply with them accordingly.

13.3. In the event that Made In Amarillo entrusts a trusted third party with the custody of the successive versions of the general conditions, both parties recognize as the only valid version of said conditions at all times the one that appears in the database of the trusted third party.

  1. APPLICABLE LEGISLATION AND JURISDICTION

These General Conditions will be governed and interpreted in accordance with Spanish legislation. Made In Amarillo and the user agree to submit any controversy that may arise from the provision of the products or services object of these General Conditions, to the Courts and Tribunals corresponding to the User's domicile.

15.- EXTRAJUDICIAL RESOLUTION OF DISPUTES. LINK TO THE ONLINE LITIGATION PLATFORM

In accordance with the provisions of article 14 of EU Regulation 524/2013, an electronic link is provided to the online litigation platform (ODR platform) for the extrajudicial resolution of conflicts https://ec.europa.eu/consumers/odr /main/index.cfm.

 

PRIVACY POLICY

1. GENERAL INFORMATION

The purpose of this "Privacy and Data Protection Policy" is to make known the conditions that govern the collection and processing of your personal data by our entity or corporate group to ensure fundamental rights, your honor and freedoms, all This is in compliance with current regulations that regulate the Protection of Personal Data according to the European Union and the Spanish Member State.
In accordance with these regulations, we need your authorization and consent for the collection and processing of your personal data, so below, we indicate all the details of your interest regarding how we carry out these processes, for what purposes, what other entities may have access to your data and what your rights are.
For all the above, once our Data Protection Policy has been reviewed and read, it is essential that you accept it as proof of your agreement and consent.

2.- RESPONSIBLE FOR THE TREATMENT

Who collects and processes your data?
The Data Controller is that natural or legal person, of a public or private nature, or administrative body, which alone or jointly with others determines the purposes and means of processing personal data; In the event that the purposes and means of the treatment are determined by the law of the European Union or the Spanish Member State.

In this case, our identification data as Responsible for the Treatment are the following: ONLINE BENCHMARKING SLU - CIF B01587831
How can you contact us?
Postal address: Calle Mendizabala 100, 01007 Vitoria-Gasteiz (Álava) Spain
Email: contacto@madeinamarillo.com

3.- SECURITY MEASURES

What do we do to guarantee the privacy of your data?
Our entity or corporate group adopts the necessary organizational and technical measures to guarantee the security and privacy of your data, avoid its alteration, loss, treatment or unauthorized access, depending on the state of technology, the nature of the data stored and the risks to which they are exposed.
Among others, the following measures stand out:

  1. Guarantee the confidentiality, integrity, availability and permanent resilience of the treatment systems and services.
  2. Restore the availability and access to personal data quickly, in the event of a physical or technical incident.
  3. Verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to guarantee the security of the treatment.
  4. Pseudonymize and encrypt personal data, in the case of sensitive data.

 

4.- PURPOSE OF THE TREATMENT

Why do we want to process your data?

We need your authorization and consent to collect and process your personal data, so we will detail the uses and intended purposes below:

Management and contact with users; Management and responses to inquiries received through the contact form on the organization's website. The consequences of not providing us with this data will be the inability to contact you and provide a response to your request, provide the service or provide the requested product.

How long do we keep your data?

We use your data for the time strictly necessary to fulfill the purposes indicated above. Unless there is an obligation or legal requirement, the expected retention periods are:

For a period of 2 years from the last confirmation of interest. We keep your data for a period of 2 years from the last confirmation of interest, as long as you do not request its deletion or the time necessary if there is any legal obligation or legitimate interest in this regard.

5.- LEGITIMATION OF THE TREATMENT

Why do we process your data?

The collection and processing of your data is always legitimized by one or more legal bases, which are detailed below:

Explicit consent of the interested party; Legitimate interest of the Data Controller or third parties. Organic Law on Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) 3/2018, Regulation (EU) 2016/679 regarding the protection of personal data.

6.- RECIPIENTS OF YOUR DATA

Who do we transfer your data to within the European Union?
Sometimes, in order to comply with our legal obligations and our contractual commitment to you, we are faced with the obligation and need to transfer some of your data to certain categories of recipients, which we specify below:

We do not transfer your data to anyone, but we can allow its treatment by third parties only for technical, legal and / or service provision reasons.

Do we carry out International Transfers of your data outside the European Union? We do not carry out international transfers of your data.

7.- ORIGIN AND TYPES OF DATA PROCESSED

Where did we get your data from?
WEB USERS: The interested party or his legal representative

What types of data have we collected from you and do we process?
Identification data (Email address; Postal address, Name and Surname; Telephone)

8.- RIGHTS OF THE INTERESTED PARTIES

What are the rights that protect you?
The current data protection regulations protect you in a series of rights in relation to the use that we give to your data. Each and every one of your rights are unipersonal and non-transferable, that is, they can only be carried out by the owner of the data, after verification of their identity.
Below we indicate which are the rights that assist you:

  • Request ACCESS to your personal data
  • Request the RECTIFICATION of your data
  • Request the DELETE or elimination of your data (right to "forget") LIMIT or OPPOSE to the use we give to your data
  • Right to PORTABILITY of your data for cases of telecommunications or internet services.
  • Right to WITHDRAW your consent at any time
  • Right to file a CLAIM regarding data protection before the Control Authority: Spanish Agency for Data Protection

How can you exercise your rights in relation to your data?
To exercise your rights of access, rectification, deletion, limitation or opposition, portability and withdrawal of your consent, you can do so in the following way:

How can you make a claim?

In addition to the rights that assist you, if you believe that your data is not being collected or processed in accordance with current Data Protection regulations, you may file a claim with the Control Authority, whose contact details we indicate below:
Spanish Agency for Data Protection C /. Jorge Juan, 6. 28001, Madrid (Madrid), Spain
Email: info@agpd.es - Telephone: 912663517 Web: https://www.agpd.es

9.- CONSENT AND ACCEPTANCE

Acceptance of this document indicates that you understand, accept all the clauses of our privacy policy, which is why you authorize the collection and processing of your personal data in these terms. This acceptance is made by activating the "Reading and Acceptance" checkbox of our Privacy Policy. 

For more information, see section: PRIVACY POLICY

 

COOKIES POLICY

  1. COOKIES

Cookies are very important for the functioning of the Internet, they provide a large number of advantages for the provision of services on the Internet. This page describes the different types of cookies we use on our website and briefly explains each of them.

Session cookies:

They are temporary cookies that remain in the cookie space of your computer until you close the browser, so that none is recorded on the user's disk. The information obtained through these cookies serves to enable operational management with each of the users who are accessing the web simultaneously.

Persistent cookies:

They are cookies that remain stored in the cookie space of your computer once the browser is closed, and that you will return to that web page the next time you access it to remember information that facilitates navigation (directly access the service without having to do the login process) or the provision of a commercial service (offer those products or services related to previous visits).

The cookies exchanged when browsing a web page can be:

First-party or own cookies:

They are cookies generated by the web page that is being visited.

Third-party cookies:

They are cookies that are received when browsing that web page, but that have been generated by a third service that is hosted on it. An example may be the cookie used by an advertisement or advertising banner found on the web page we visit. Another may be the cookie used by a visitor counter hired by the website we visit.

For more information, see section: COOKIES POLICY

 

  1. ADDITIONAL GUARANTEES AND MANAGEMENT OF COOKIES

As a complementary guarantee, the user can configure their browser during installation or at the desired time, to exclude their activity from the registration of cookies. For this you must use the configuration and / or privacy options of your browser.

Many browsers accept activating a "private mode" of browsing through which cookies will always be deleted after your visit. Depending on the browser used, this private mode can have different names. Below you will find a list of the most common browsers and the different names for this "private mode":

  • Internet Explorer 8 and higher; InPrivate
  • Safari 2 and higher; Private Browsing
  • FireFox 3.5 and higher; Private Browsing
  • Google Chrome 10 and higher; Incognito
  • Opera 10.5 and higher; Private Browsing

Note: We recommend that you carefully read the help section of your browser to obtain more detailed information on how to activate "private mode" for browsing. You can continue visiting our website, even if your browser is in "private mode", however, your browsing may not be optimal and some utilities may not work properly.


Made In Yellow. All rights reserved.
Publication date: 01/04/2020