TERMS AND CONDITIONS
Last Updated: November 20th, 2024
IMPORTANT – PLEASE THOROUGHLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND SALE (THE “TERMS”) BEFORE ACCESSING, USING, SUBSCRIBING TO, OR MAKING A PURCHASE ON OUR WEBSITE THEGOURMETSPROUTERS.COM OR OTHER OF OUR SUB-DOMAIN SITES WHICH LINK TO THESE TERMS.
These Terms and Conditions constitute an agreement between You (referred to as “the User” or “the Users”) and Stephanie Pernin/The Gourmet Sprouters (referred to also as “we,” “our,” “us”).
The website TheGourmetSprouters.com, along with all its sub-domains (such as www.thegourmetsprouters.com or shop.thegourmetsprouters.com) (the "Website"), is comprised of various web pages operated by The Gourmet Sprouters/Stephanie Pernin.
TheGourmetSprouters.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of TheGourmetSprouters.com constitutes your agreement to all such Terms.
Please read these terms carefully, and keep a copy of them for your reference.
HOW TO NAVIGATE THESE TERMS
Below, you can find links to different sections of these Terms. Click on any section that pertains specifically to you or that you find relevant or interesting:
1. PURPOSE OF THE WEBSITE
TheGourmetSprouters.com is a comprehensive guide to sprouting seeds, healthy eating, and nutritious recipes Website.
This website is dedicated to inspiring and guiding individuals through the art of sprouting seeds and educating users about the nutritional benefits of incorporating sprouted seeds and nuts into their recipes. The platform provides essential insights for those interested in healthy eating and exploring the advantages of sprouting. It offers a purchasable digital course, "The Sprouted Seeds Starter Kit,” that guides individuals through the step-by-step process of growing seeds in their own kitchens, making it easy and accessible for anyone to start sprouting at home. It’s designed to seamlessly integrate sprouted seeds into daily routines for enhanced nutrition, culinary creativity, and exploring new flavors.
2. PURPOSE OF TERMS AND CONDITIONS
- The purpose of these conditions is to regulate the contractual terms for the purchase of digital products, the consideration due by the user to The Gourmet Sprouters, as well as the use of the service by the user.
- The digital products are: the digital course “The Sprouted Seeds Starter Kit” and the ebooks of recipes.
- As part of the digital course "The Sprouted Seeds Starter Kit," participants/students have access to a private Facebook group called "The Gourmet Sprouters." This group serves as a supportive community where participants/students can find support during their sprouting journey, ask questions, share their recipes, and address all their concerns about sprouted seeds. The group is designed to foster a collaborative environment that enhances the learning experience and ensures comprehensive support throughout the course.
3. DEFINITIONS
- These general terms and conditions of sale comprehensively regulate all sales transactions that may be offered from the website TheGourmetSprouters.com, of which Stephanie Pernin is the owner (hereinafter The Gourmet Sprouters), with identity number n°Y4618760, and registered office at Apartado de Correos 188, 46192 Montserrat (Valencia), Spain.
- These terms and conditions may be modified by Stephanie Pernin/The Gourmet Sprouters at any time, and users will be informed of the existence of any new version that contains substantial changes.
- This document (as well as all other documents mentioned herein) regulates the conditions governing the use of the website TheGourmetSprouters.com and the purchase or acquisition of digital products and services offered therein, including access to the private Facebook group called "The Gourmet Sprouters." These terms also apply to interactions on social media platforms that are part of the aforementioned course and any other digital areas managed by The Gourmet Sprouters.
- In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, the user must have read the Legal Notice, including the Cookie Policy, and the Privacy and Data Protection Policy.
- By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and all the aforementioned terms. Therefore, if they do not agree with all those terms, they should not use this Website.
- It should also be noted that these Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as those in force at the time of requesting the acquisition of services will be applicable.
- For any questions the User may have regarding the Conditions, they can contact the owner using the contact details provided above.
4. SALES CHANNELS
The Gourmet Sprouters markets its digital products and services through the following public sales channels:
Website: TheGourmetSprouters.com
5. PRIVACY
Your use of TheGourmetSprouters.com is subject to The Gourmet Sprouters (Stephanie Pernin)'s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.
6. PERSONAL DATA PROTECTION
Stephanie Pernin is the Data Controller of the user's personal data and informs that these data will be processed in accordance with the provisions of “Organic Law” (Ley Orgánica) 3/2018, of December 5th, on Personal Data Protection and guarantee of digital rights (LOPD), and Regulation (EU) 2016/679 of April 27th, 2016 (GDPR) concerning the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Therefore, the following information about the processing is provided:
1. Purpose of Processing
To maintain a commercial relationship with the user.
2. Data Collected
The personal data collected on this Website are as follows:
- Free Ebooks Opt-in: When users opt-in to receive our free ebooks, we only collect their first name, email address, and phone number (optional). This information is used to provide the requested digital content and to communicate with the user.
- Payment: As part of the payment for the digital products and services offered on the website, financial data relating to the user's bank account or credit card are recorded, as well as their first name, last name, and postal address are collected.
- Account Creation: When creating the user's account, their first name, last name, phone number (optional) are collected.
- Login: When the user connects to the website, their last name, first name, login data, usage data, location, and payment information are recorded.
- Profile: The use of the services provided on the website allows for the creation of a profile, which may include an address and a phone number.
- Communication: When the website is used to communicate with other members, data related to the user's communications are temporarily stored.
- Cookies: Cookies are used when the Website is utilized. The user has the option to disable cookies through their browser settings.
3. Use of Personal Data
- Implementation of user support;
- Personalization of services by displaying advertisements based on the user's browsing history and preferences;
- Prevention and detection of fraud, management of malware (malicious software), and security incidents;
- Management of potential conflicts with users;
- Sending of commercial and advertising information, according to the user's preferences.
4. Sharing Personal Data with Third Parties
Personal data may be shared with third parties in the following cases:
- When the user utilizes payment services, to implement these services, the website contacts third-party banking and financial entities with which it has entered into contracts;
- When the user publishes information for public access on the digital community platform and in the comment areas of the digital course on the website TheGourmetSprouters.com;
- When the website uses the services of service providers to provide user support, advertising, and payment services. These service providers have limited access to the user's data, in the context of providing these services, and have a contractual obligation to use them in accordance with the provisions of applicable personal data protection regulations;
- If required by law, the website may transmit data to make claims against the website and comply with administrative and judicial procedures.
5. Security and Confidentiality
The website applies organizational, technical, software, and physical measures related to digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information on the Internet.
6. Implementation of User Rights
In accordance with the applicable regulations on personal data, users have the following rights, which they can exercise by directing their request to the address Apartado de Correos 188, 46192 Montserrat (Valencia), Spain, or via email to support@thegourmetsprouters.com
- Right to withdraw consent at any time.
- Right of access, rectification, portability, and deletion of their data, and to limit or object to its processing.
- Right to file a complaint with the supervisory authority (aepd.es) if they consider that the processing does not comply with current regulations.
7. APPLICABILITY OF THE TERMS AND CONDITIONS
These Conditions shall apply to:
- Consumers who purchase products or services for personal use, and in no case to individuals who qualify as business owners or professionals.
- Final Consumers will be considered those who do not act as professionals and/or business owners with a commercial, business, or professional purpose.
8. MODIFICATION OF THE TERMS AND CONDITIONS
The Gourmet Sprouters/Stephanie Pernin reserves the right, in its sole discretion, to change or supplement the Terms under which TheGourmetSprouters.com is offered. The most current version of the Terms will supersede all previous versions. The Gourmet Sprouters/Stephanie Pernin encourages you to periodically review the Terms to stay informed of our updates.
9. THE USER
Access, navigation, and use of the Website confer the status of user, which implies acceptance of all the Conditions established herein, from the moment the navigation begins on the Website, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the proper use of the Website. This responsibility extends to:
- Using this Website solely for making legally valid inquiries and purchases or acquisitions.
- Not making any false or fraudulent purchases.
- Providing truthful and legitimate contact details, such as an email address, postal address, or other details.
- The User declares that they are over 18 years old and have the legal capacity to enter into contracts through this Website.
- The Website is directed at Users residing in Spain, as well as users in certain other countries, such as the United States, Canada, the UK, and some countries in Europe. The Gourmet Sprouters/Stephanie Pernin ensures that the Website complies with the legislations of the European Union, including the “General Data Protection Regulation” (GDPR), and the “California Electronic Communications Privacy Act”.
10. YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Gourmet Sprouters (Stephanie Pernin) is not responsible for third party access to your account that results from theft or misappropriation of your account. The Gourmet Sprouters (Stephanie Pernin) and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
11. INTERNATIONAL USERS
The Service is controlled, operated and administered by TheGourmetSprouters.com/Stephanie Pernin from our office within Spain. If you access the Service from a location outside Spain, you are responsible for compliance with all local laws. You agree that you will not use the The Gourmet Sprouters (Stephanie Pernin) Content accessed through TheGourmetSprouters.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
12. CHILDREN UNDER THIRTEEN
The Gourmet Sprouters (Stephanie Pernin) does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 13, you must ask your parent or guardian for permission to use this Website, TheGourmetSprouters.com.
Furthermore, the Users declare that they are over 18 years old and have the legal capacity to enter into contracts through this Website.
13. CONDITIONS OF ACCESS AND PURCHASE
- Access to The Gourmet Sprouters Portal is free and confers the status of User to whoever accesses it, regardless of subsequent use of the services offered.
- The User can purchase our digital course without the need for prior registration. Once the purchase is completed, the User must register to access the course by creating a password. This will assign personal credentials consisting of a unique identifier (which will be the email address) and a password, whose safekeeping and confidentiality will be the sole responsibility of the User. The User must operate with them with due diligence and not use other credentials that are not their own, to prevent impersonating other Users on TheGourmetSprouters.com.
- The acquisition of the digital course “The Sprouted Seeds Starter Kit” on the Website TheGourmetSprouters.com can only be made by users over eighteen (18) years of age, who must follow the steps and instructions that accompany the entire purchase process, which consist, by way of example:
i) Completion of the registration form;
ii) On-screen display of the order summary;
iii) Acceptance of purchasing conditions, which implies the reading, understanding, and irrevocable acceptance of each and every one of these General Conditions, as well as, where applicable, the existing Particular Conditions.
14. ORDERS THROUGH THE WEBSITE
- No valid order can be placed without expressly accepting, through the checkboxes provided for this purpose, the Terms and Conditions and the Privacy Policy of The Gourmet Sprouters.
- All orders will be considered purchase offers subject to these terms and conditions. The Gourmet Sprouters reserves the right to reject them if the requirements set forth herein are not met.
- Once an order is placed, the system automatically generates a confirmation of its receipt. However, this confirmation does not imply automatic acceptance of the order, as The Gourmet Sprouters reserves the right to collect additional information related to identity and address to ensure both the proper management of the order and to guarantee the absence of fraud related to transactions.
- Orders can be placed 365 days a year, at any time, except when the service is suspended for maintenance or due to other commercial circumstances and/or force majeure. Additionally, exceptions apply when the course is closed to accommodate new participants/students during certain periods of the year.
15. PRICE
- The price of each product is the one displayed on the website at the time the order is placed. The user must pay the indicated price, which includes applicable taxes when required.
- All prices listed on TheGourmetSprouters.com are in US dollars (USD) and include VAT where applicable. Whether purchasing from Spain, within Europe, or outside Europe, the final price displayed already includes any required VAT.
- All prices for digital products and services offered by TheGourmetSprouters.com, whether on its website or through other channels, are subject to change at any time.
16. PAYMENT
- Payment for the order by the customer will be made immediately, and the customer will be able to directly access the content of the digital course by registering and creating their password, as well as downloading the ebooks if they are part of the order.
- After making the payment, the customer will receive a confirmation email, as well as detailed instructions on how to access the course and the digital community platform in the private Facebook group 'The Gourmet Sprouters.
17. PAYMENT METHODS
The accepted payment methods are:
- Payment by credit or debit card. We reserve the right NOT to accept certain payments with specific credit cards.
- Payment via PayPal.
The Gourmet Sprouters reserves the right to change the payment methods, being able to introduce new ones or eliminate any of the existing ones, without the user/customer of TheGourmetSprouters.com being able to make claims for this reason. However, if the change in the payment method affects an order already placed, we will contact the user/customer from TheGourmetSprouters.com to inform them of this change, offering them the option to cancel the order if they deem it appropriate.
- Payment by Credit/Debit Card: The charge is made online, in real time, through the payment gateway of the corresponding financial entity once it has been verified that the communicated data is correct. To maximize security in the payment system, The Gourmet Sprouters uses secure payment systems from leading financial entities in e-commerce. In this regard, confidential data is transmitted directly and encrypted (SSL) to the corresponding financial entity. The SSL encryption system used provides total security in the transmission of data over the network. The user's/customer's data enjoys total confidentiality and protection. Credit card data is not stored in any of our databases. They are used only in the virtual POS (Point of Sale Terminal) of the commercial-named financial entity, through its Secure Payment Gateway. Credit cards will be subject to checks and authorizations by the issuing entity, but if such entity does not authorize payment, The Gourmet Sprouters is not responsible for any delay or lack of delivery and cannot formalize any Contract with the user/customer. The Gourmet Sprouters reserves the right to verify personal data provided by the user/customer and to take any measures deemed appropriate (including order cancellation) to ensure that the purchased products are delivered in accordance with the data provided in the order.
- Payments with PayPal are made directly on the PayPal website, following the Terms of Use established by PayPal. If the order is not paid within one hour, The Gourmet Sprouters will consider the order cancelled.
18. REFUND POLICY
The Gourmet Sprouters offers a 30-Day Money-Back Guarantee. If within 30 days from the date of purchase, you find that the course does not meet your needs and can provide evidence of engagement with the course material, please contact us to receive a full refund. We are confident in the value this course offers and believe you will appreciate the progress made.
Our goal is for you to be satisfied with your purchase, but if you are not, for refund requests or any inquiries, please contact us at: support@thegourmetsprouters.com.
If you receive a refund according to the Terms and Conditions, this will immediately terminate all licenses granted to you for using the materials provided under these Terms of Use or any other agreement. You must promptly discontinue the use of the materials and destroy all copies of the information given to you.
19. USE OF PAID COURSES, PROGRAMS, AND RELATED MATERIALS
The Gourmet Sprouters/Stephanie Pernin offers some courses, programs, and related materials for purchase on this Website. The Gourmet Sprouters/Stephanie Pernin provides you a limited, personal, non-exclusive, non-transferable license to utilize our courses, programs, and related materials (collectively referred to as the “Courses”) for your personal purposes. Except where otherwise stated, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works from, reverse engineer, enhance, alter, or in any way exploit any of the Courses in any manner.
By purchasing or participating in the Courses, you agree that the Courses you purchase or download are for your personal or business use only and cannot be sold or redistributed without the express written permission of The Gourmet Sprouters/Stephanie Pernin.
Additionally, by purchasing or participating in the Courses, you agree not to create any derivative work based on the Courses and not to offer any competing products or services using any information contained within the Courses.
20. USE OF FREE DOWNLOADABLE RESOURCES
The Gourmet Sprouters/Stephanie Pernin offers various resources on this Website, which users can access by providing an email address. The Gourmet Sprouters/Stephanie Pernin grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Complimentary Resources”) for your personal purposes. Unless otherwise stated, you acknowledge and agree that you are not permitted to modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or in any manner exploit any of the Complimentary Resources.
By downloading the Complimentary Resources, you agree that the resources you download are solely for your personal use and must not be sold or redistributed without the express written permission of The Gourmet Sprouters/Stephanie Pernin.
Additionally, by downloading the Complimentary Resources, you further agree not to create any derivative works from the resources and not to offer any competing products or services using any information contained within the Complimentary Resources.
21. INTELLECTUAL PROPERTY
All content provided and created by Stephanie Pernin (The Gourmet Sprouters) included as part of the Platform, such as text/writings, quotations, photographs, images, designs, graphics, logos, drawings, pdf documents, videos, and audios from the digital course, as well as the compilation thereof, is the property of Stephanie Pernin (The Gourmet Sprouters).
This content is protected by Spanish and international copyright and other intellectual property laws that protect intellectual property, copyrights, proprietary rights, patent rights, trademark rights, and design rights.
The digital course “The Sprouted Seeds Starter Kit” and all Ebooks remain the exclusive property of Stephanie Pernin. Any partial or total reproduction of this content (including videos, audios, photographs, logos, designs, pdf documents and texts) is strictly prohibited.
The Users agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. Additionally, the Users can't copy the aforementioned intellectual property rights or have them copied or made available to third parties or used in any other way without the prior written permission of Stephanie Pernin (The Gourmet Sprouters).
22. NO UNLAWFUL OR PROHIBITED USE
By using the TheGourmetSprouters.com Platform, the Users are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to Stephanie Pernin (The Gourmet Sprouters) that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You must not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You are not allowed to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Stephanie Pernin (The Gourmet Sprouters)’s content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the copyright owner Stephanie Pernin (The Gourmet Sprouters). You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Stephanie Pernin (TheGourmetSprouters.com) except as expressly authorized by these Terms.
23. LINKS TO THIRD PARTY WEBSITES / THIRD PARTY SERVICES
TheGourmetSprouters.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Gourmet Sprouters (Stephanie Pernin) and The Gourmet Sprouters (Stephanie Pernin) is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Gourmet Sprouters (Stephanie Pernin) is providing these links to you only as a convenience.
The digital course of the website TheGourmetSprouters.com may include promotions of products through affiliate links, meaning we may receive a commission if users make a purchase through those links. While we are affiliates of the companies whose products we promote, this does not imply endorsement by the companies. The inclusion of these products is based on our own evaluation and recommendations.
24. DISCLAIMER
This digital course “The Sprouted Seeds Starter Kit” (including the digital books, "Ebooks") does not constitute nutritional advice, nor is it a diet, and does not replace medical advice or the advice of a specialized nutritionist.
Any lack of hygiene and rinsing of the seeds during the germination process is in no way the responsibility of the author of this course, Stephanie Pernin, or the Website TheGourmetSprouters.com.
Each individual is responsible for ensuring the necessary hygiene for the preparation and germination of the seeds they will consume.
The Gourmet Sprouters/Stephanie Pernin retains the right to utilize technological equivalents of cookies, such as social media pixels. These pixels enable social media platforms to track visitors to external websites, thereby customizing the advertising messages displayed to users while they navigate those social media platforms. The Gourmet Sprouters/Stephanie Pernin maintains the right to implement these pixels in accordance with the policies of the different social media platforms.
25. ACCURACY AND PERSONAL RESPONSIBILITY
We have endeavored to ensure that the information provided on this Website, in the course and the downloadable resources are accurate and offer valuable insights, but we cannot guarantee the precision of the information. Neither The Gourmet Sprouters nor the owner Stephanie Pernin or employees can be held liable or responsible for any errors or omissions on this Website, nor for any damages you might incur from failing to seek competent advice from a professional who understands your unique situation.
By using this Website, you acknowledge and accept personal responsibility for your actions and their outcomes. You agree to bear full responsibility for any harm or damage incurred as a consequence of the use or non-use of the information available on this Website, in the course and the downloadable resources. You agree to exercise your own judgment and perform due diligence before taking any actions or implementing any advice or suggestions provided on this Website.
26. LIMITATION OF LIABILITY
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. changes are periodically added to the information herein. The Gourmet Sprouters (Stephanie Pernin) and/or its suppliers may make improvements and/or changes in the website at any time.
The Gourmet Sprouters (Stephanie Pernin) and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The Gourmet Sprouters (Stephanie Pernin) and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall The Gourmet Sprouters (Stephanie Pernin) and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if The Gourmet Sprouters (Stephanie Pernin) or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
27. INDEMNIFICATION
You agree to indemnify, defend and hold harmless TheGourmetSprouters.com/Stephanie Pernin, its employees and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Gourmet Sprouters (Stephanie Pernin) reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Gourmet Sprouters (Stephanie Pernin) in asserting any available defenses.
28. ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Spanish Law of Arbitration, conducted by a single neutral arbitrator, or a similar arbitration service selected by the parties, located in Valencia, Spain (in the “Comunidad Valenciana”). The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Spanish Arbitration Act 60/2003 of December 23rd, governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
29. CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each's individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and TheGourmetSprouters.com/Stephanie Pernin agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
30. TERMINATION AND ACCESS RESTRICTION
TheGourmetSprouters.com/Stephanie Pernin reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the country of Spain, in Valencia (Comunidad Valenciana) and you hereby consent to the exclusive jurisdiction and venue of courts in Spain, Valencia in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TheGourmetSprouters.com/Stephanie Pernin as a result of this agreement or use of the Website. The Gourmet Sprouters (Stephanie Pernin)'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Gourmet Sprouters (Stephanie Pernin)'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by The Gourmet Sprouters (Stephanie Pernin) with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TheGourmetSprouters.com/Stephanie Pernin with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TheGourmetSprouters.com/Stephanie Pernin with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
31. TECHNICAL MEANS FOR CORRECTING ERRORS
- The User is informed that if they detect an error in entering the data necessary to process their purchase request on the Website, they can modify it by contacting support@thegourmetsprouters.com.
- In any case, the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
- Additionally, this information can also be corrected by the User through their personal connection space on the Website, using the contact details provided when the User purchased the digital course.
- Likewise, the User is referred to consult the “Legal Notice” and “Terms and Conditions” to gather more information on how to exercise their right to rectification according to the provisions of the “Organic Law" (Ley Orgánica) 3/2018, of December 5th, on Personal Data Protection and guarantee of digital rights.
32. CUSTOMER SERVICE
- The Gourmet Sprouters has a user support service so that users can manage their complaints or inquiries, or exercise the right of withdrawal within the 30-day satisfaction guarantee.
- Users can direct their questions, complaints, claims, or requests for information to Customer Service by: - Sending an email to support@thegourmetsprouters.com
- All inquiries, especially complaints and suggestions, will be addressed as quickly as possible, without exceeding the deadlines established by current legislation.
- Additionally, users will receive a written acknowledgment via email.
33. LANGUAGE OF THE CONTRACT
These general terms and conditions of sale are written in English and Spanish.
If they are translated into one or more foreign languages, the Spanish text will prevail in case of dispute.
34. APPLICABLE LAW
The user agrees to make proper and appropriate use of the services and the website of TheGourmetSprouters.com in accordance with the Law, these General Terms and Conditions, the Legal Notice, Privacy Policy, Cookies Policy, as well as any other applicable conditions, regulations, and instructions that may apply.
These general conditions of contract are governed by Spanish legislation, with the Spanish Courts and Tribunals being competent to hear any issues that may arise regarding interpretation, application, and compliance.
The User expressly waives any jurisdiction other than that which, by application of the current Law, may correspond to them and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of Stephanie Pernin's domicile, 46192 Montserrat, (Valencia) Spain.
35. ELECTRONIC COMMUNICATIONS
Visiting TheGourmetSprouters.com or sending emails to The Gourmet Sprouters (Stephanie Pernin) constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
36. CONTACT US
The Gourmet Sprouters/Stephanie Pernin welcomes your questions or comments regarding the Terms:.
The Gourmet Sprouters (Stephanie Pernin)
Apartado de Correos 188
46192 Montserrat (Valencia)
Spain
Email Address: support@thegourmetsprouters.com
Last Updated: November 20th, 2024.
PRIVACY POLICY | LEGAL NOTICE | TERMS AND CONDITIONS | COOKIES POLICY
POLITICA DE PRIVACIDAD | AVISO LEGAL | TERMINOS Y CONDICIONES | POLITICA DE COOKIES
Copyright © 2025 Stephanie Pernin | TheGourmetSprouters.com | All Rights Reserved.