LEGAL NOTICE AND GENERAL CONDITIONS OF USE
Please read this document carefully. It is constituted as the Legal Notice and the Conditions of Use that regulate the access, navigation and use of the web of Maria Yaiza Ibáñez Suriol, responsible of MADIBASHOP, located in the URL www.madibashop.com (from now on the "Web Site"). Also responsible for the domains: www.madibashop.es, www.madibashop,cat www.madibashop.com
The access, navigation and use of this website implies the express acceptance of all the terms of the present Legal Notice, having the same validity and effectiveness as any contract celebrated in writing and signed to this effect.
Its compliance shall be enforceable against any person accessing, browsing or using the Website. If you do not agree with the terms set out above, do not access, browse or use the Website.
1. IDENTIFICATION DATA:
In compliance with the duty of information contained in article 10 of the law 34/2002, of 11 July, on services of the information society and electronic commerce (LSSICE), the following data are reflected below:
MARIA YAIZA IBAÑEZ SURIOL with DNI: 47725899W, contact e-mail: firstname.lastname@example.org and telephone: 601715109 is the owner of the company Madibashop, from now on "Madibashop"
All purchases made at www.madibashop.com are subject to the following General Conditions and to Law 7/1998 of 13 April on General Contracting Conditions. These sales are regulated by Law 34/2002 of 11 July on Information Society Services and Electronic Commerce.
2. OBJECT AND SCOPE OF APPLICATION:
The present conditions regulate access to the contents and all the services and products offered by MADIBASHOP through its Website, as well as the use of these by the Users. Nevertheless, MADIBASHOP reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for access and/or use.
3. USE OF THE PORTAL:
MADIBASHOP provides access to a multitude of information, services, programs or data (hereinafter, “the contents”) on the Internet belonging to MADIBASHOP to which the user can access. The user assumes responsibility for the use of the portal. This responsibility extends to the registration that is necessary to access certain services or contents. In said registry the user will be responsible for providing truthful and lawful information. As a result of this registration, the user can be provided with a password for which he will be responsible, committing himself to make diligent and confidential use of it. The user undertakes to make appropriate use of the contents that MADIBASHOP offers through its portal and not to use them to (i) engage in illegal, illegal or contrary to good faith and public order activities; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, of apology of terrorism or attempt against human rights; (iii) cause damage to the physical and logical systems of MADIBASHOP, its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages; (iv) try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. MADIBASHOP reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in his opinion, would not be suitable for publication. In any case, MADIBASHOP will not be responsible for the opinions expressed.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY:
MADIBASHOP is the owner of all intellectual and industrial property rights of its website, as well as the elements contained therein (by way of example, images, sound, audio, video, software or texts; trademarks or logos and any other distinctive sign, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.), owned by MADIBASHOP. All rights reserved. by virtue of the provisions of articles 8 and 32.1, second paragraph, of the intellectual property law, the reproduction, copying, deletion, alteration and / or modification, whether partial or total, temporary or definitive, distribution and distribution are expressly prohibited. public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of MADIBASHOP, with the property of the corresponding patent in the Spanish Patent and Trademark Office.
The user undertakes to respect the intellectual and industrial property rights owned by MADIBASHOP. The user can view the elements of the portal and even print, copy and store them on the hard drive of his computer or on any other physical support provided that it is, solely and exclusively, for his personal and private use. The user must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of MADIBASHOP.
5. EXCLUSION OF WARRANTIES AND LIABILITY:
MADIBASHOP is not responsible, in any case, for damages of any kind that may cause, by way of example: errors or omissions in the contents, derived from contracting, lack of portal availability or virus transmission or malicious or harmful programs in the contents, despite having adopted all the technological measures necessary to avoid it.
5.1. AVAILABILITY, CONTINUITY AND UTILITY OF THE WEB
MADIBASHOP does not guarantee the availability and continuity of the operation of the Web. MADIBASHOP also does not guarantee the usefulness of the Web for the realization of any specific activity, nor its infallibility and, in particular, although not exclusively, that Users can effectively use the Web, access the different pages that form the Web or those from which the Services are provided.
MADIBASHOP excludes, to the full extent permitted by the legal system, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the website, to the disappointment of the utility that Users could have attributed to the web and the services, to the fallibility of the web, and in particular, although not exclusively, to the failures in access to the different pages of the web from which the services are provided.
5.2. PRIVACY AND SECURITY IN THE USE OF THE WEB
Despite having adopted the corresponding security measures, MADIBASHOP does not guarantee the privacy and security of the use of the Web and, in particular, does not guarantee that unauthorized third parties through illegal activities cannot have knowledge of the class, conditions, characteristics and circumstances of the use that Clients / Users make of the Web.
MADIBASHOP excludes, to the full extent permitted by the legal system, any responsibility for damages of any kind that may be due to the knowledge that unauthorized third parties of the class may have, conditions, characteristics and circumstances of the use that users They make the web.
5.3. EXCLUSION OF GUARANTEES AND RESPONSIBILITY FOR THE CONTENTS OF THE WEB
In spite of having adopted the corresponding security measures, MADIBASHOP cannot guarantee the absence of virus or other elements in the Contents that can produce alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
MADIBASHOP excludes, to the full extent permitted by law, any responsibility for damages of any kind which may be due to the presence of a virus or other elements in the contents of the website which may produce alterations in the users' computer system, electronic documents or files.
MADIBASHOP does not guarantee that users will use the website and services in accordance with this legal notice and, where appropriate, with the contracts and other applicable documents, nor that they will do so in a diligent and prudent manner. MADIBASHOP does not guarantee the veracity, validity, exhaustiveness and/or authenticity of the data that Users provide about themselves to other Clients/Users.
MADIBASHOP excludes any responsibility for damages of any kind which may be due to the use of the website and services by clients/users or which may be due to a lack of veracity, validity, exhaustiveness and/or authenticity of the information which clients/users provide to other clients/users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party by a CLIENT/user in any kind of communication made through the website.
MADIBASHOP cannot guarantee the reliability, usefulness or veracity of the Services or information provided through the Website. Consequently, MADIBASHOP does not guarantee nor is it responsible for
a) the continuity of the contents of the Website;
b) the absence of errors in these contents or products;
c) the absence of viruses and/or other harmful components in the Website or in the server which supplies it;
d) the invulnerability of the Website and/or the impregnability of the Security measures adopted therein;
e) the lack of usefulness or performance of the contents and products of the Website;
f) the damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions established by MADIBASHOP in the Website or by means of the violation of the Website security systems.
Nevertheless, MADIBASHOP declares that it has adopted all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and to avoid the existence and transmission of viruses and other harmful components to Users.
MADIBASHOP reserves the right to interrupt access to its Website, as well as the provision of any or all of the Content provided through it at any time and without prior notice, whether for technical reasons, security, control, maintenance, power supply failure or any other cause. This interruption may be temporary or permanent, in which case the Users will be informed of this circumstance and may suffer the loss, if applicable, of the information stored in the different Services.
MADIBASHOP is not responsible for the use that the User makes of the Services and products of the Website, as well as any other material of the Website, infringing the intellectual or industrial property rights or any other right of third parties.
If the User becomes aware of the existence of any content which is illicit, illegal, contrary to the law or which may involve an infringement of intellectual and/or industrial property rights, he/she must notify MADIBASHOP immediately so that the latter can proceed to take the appropriate measures.
The user shall be liable for any damages of any kind which MADIBASHOP may suffer as a result of a breach of any of the obligations to which he/she is subject by virtue of these conditions or any applicable special conditions.
MADIBASHOP reserves the right to carry out without prior notice the modifications it deems appropriate in its portal, being able to change, delete or add both the contents and services provided through it and the way in which they appear presented or located in your portal.
In the event that links or hyperlinks to other internet sites are available on the web, they are provided exclusively as a utility for the user, MADIBASHOP will not exercise any type of control over said sites and contents. In no case will MADIBASHOP assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any of such hyperlinks or other internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
The user will be solely responsible if they access any of the third-party Web sites linked to this Web. The user, therefore, must exercise extreme caution in the valuation and use of the information, content and services existing in the linked sites.
8. RIGHT OF EXCLUSION:
Madibashop reserves the right to deny or withdraw access to the portal and / or the services offered without prior notice, at its own request or from a third party, to those users who breach these general conditions of use.
Madibashop will pursue the breach of these conditions as well as any improper use of its portal by exercising all civil and criminal actions that may correspond by law.
10. MODIFICATION OF THE PRESENT CONDITIONS AND DURATION:
Madibashop may modify at any time the conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be valid until they are modified by others duly published.
11. HOW CAN I CANCEL MY ACCOUNT ?:
If you want to cancel your Madibashop account, you must contact the support team using the email from your Madibashop account. Please, indicate in the content of the mail that it is a request to unsubscribe and we will proceed with the cancellation. You can reactivate your Madibashop account in this same way. We thank you that in order to accelerate the withdrawal process, finalize the contracting processes that were in progress.
12. APPLICABLE LEGISLATION AND JURISDICTION:
The provision of the portal service and these general conditions of use of the portal are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may apply to them, agree to submit to the jurisdiction of the courts and tribunals of the city of Barcelona.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.