LEGAL NOTICE
1) IDENTIFICATION:
This legal notice regulates the use of the website www.madibashop.com (hereinafter, THE WEBSITE), owned by MARIA YAIZA IBAÑEZ SURIOL (hereinafter, OWNER OF THE WEBSITE).
The OWNER OF THE WEBSITE, in compliance with Law 34/2002, of 11 July, on information society services and electronic commerce, informs you that:
Its company name is: MARIA YAIZA IBAÑEZ SURIOL
Its trade name is: MADIBASHOP.COM
Its VAT number is: 47725899W
Its registered office is at: CALLE ESCORIAL Nº 22 08024 BARCELONA
To communicate with us, we put at your disposal different means of contact that we detail below:
Telephone: 601715109
E-mail: info@madibashop.com
All notifications and communications between users and the OWNER OF THE WEBSITE will be considered effective, for all purposes, when they are made by post or any other of the aforementioned means.
2) USERS
Access and/or use of this portal of the OWNER OF THE WEBSITE, creator of the site, attributes the condition of USER, who accepts, from said access and/or use, the General Conditions of Use reflected herein. The aforementioned Conditions shall be applicable regardless of the General Contracting Conditions which, where applicable, are mandatory.
3) USE OF THE PORTAL.
The website and its services are free and open access, however, the OWNER OF THE WEBSITE conditions the use of some of the services offered on its website to the prior completion of the corresponding form, to become a user of the portal.
The user guarantees the authenticity and timeliness of all data communicated to the OWNER OF THE WEBSITE and shall be solely responsible for any false or inaccurate statements made.
The user expressly undertakes to make appropriate use of the contents and services of the OWNER OF THE WEBSITE and not to use them for, among others:
a) Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in defence of terrorism or, in general, contrary to the law or public order.
b) Introduce computer viruses into the network, or carry out actions likely to alter, damage, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the WEBSITE OWNER or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the WEBSITE OWNER provides its services.
c) Attempt to access the e-mail accounts of other users or restricted areas of the computer systems of the OWNER OF THE WEBSITE or third parties and, where appropriate, extract information.
d) Infringe intellectual or industrial property rights, as well as violate the confidentiality of the information of the OWNER OF THE WEBSITE or third parties.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless authorised by the owner of the corresponding rights, or it is legally permitted.
g) Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
4) PRIVACY POLICY.
The OWNER OF THE WEBSITE wishes to inform users and customers of its website, the policy carried out regarding the processing and protection of personal data of those who voluntarily use the contact forms to contact the OWNER OF THE WEBSITE, as well as access to its own page, involving the communication of their personal data to the OWNER OF THE WEBSITE
A.- Identification of the person responsible for the file
The OWNER OF THE WEBSITE informs the user and client of its website of the existence of an automated personal data file called CLIENTS, duly registered with the Spanish Data Protection Agency, where the personal data that the user and the client communicate to it in order to manage their request is collected and stored.
B.- Updating of policies
The OWNER OF THE WEBSITE will modify, without prior notice, this privacy policy whenever necessary to adapt it to any legislative, regulatory, jurisprudential, administrative change or in order to adapt this policy to the instructions issued by the Data Protection Agency or legitimate object of any modification of this policy, notwithstanding the foregoing, will be published and warned on the website of the OWNER OF THE WEBSITE.
For all of the above, the OWNER OF THE WEBSITE recommends users to periodically read these policies in order to be aware of any changes that may be made to them.
C.- Purpose of the file
The OWNER OF THE WEBSITE does not request on its website, data from Internet users who visit it, except merely identifying data, therefore, the communication of personal data by the user to the OWNER OF THE WEBSITE through its website can only be understood to take place when they voluntarily use the contact form service to contact the OWNER OF THE WEBSITE, since in these cases the processing of data is inevitable and implicit to the communication system.
For these cases and those described in the following section, the entity informs the client that the processing of the data is carried out for the following purposes: To carry out all procedures related to the preparation of budgets, contracting and provision of services of the OWNER OF THE WEBSITE, to the company to which it belongs or, where appropriate, to the interested party who requests it. As well as attending to and answering communications received and commercial prospecting to keep users informed of any promotions.
D.- Consent.
It is informed that, when the user does not maintain commercial relations with the OWNER OF THE WEBSITE, and sends an email or communication to the OWNER OF THE WEBSITE, indicating other personal data, the user will be giving their free, unequivocal, specific, informed and express consent for the processing of their personal data by the OWNER OF THE WEBSITE, for the purposes set out above, as well as to attend to their communication or send documentation.
For the same purposes, the OWNER OF THE WEBSITE informs that, if the client sends an e-mail or communicates to the OWNER OF THE WEBSITE his personal data by reason of the position he holds in a company, whether as administrator, manager, representative and/or any other position as a contact person in the company, it will be understood that such communication entails the provision of his free, unequivocal, specific, informed and express consent for the processing of his personal data by the OWNER OF THE WEBSITE, for the purposes set out above.
E.- Identification of the recipients with respect to whom the WEBSITE OWNER intends to transfer or access data on behalf of third parties.
The OWNER OF THE WEBSITE only foresees the transfer or communication of data that, in accordance with article 11.2.c. of Organic Law 15/99 on the protection of personal data (hereinafter LOPD), must be carried out in order to fulfil its obligations to the Public Administrations, Organisations or persons directly related to the OWNER OF THE WEBSITE, in the cases required in accordance with the Legislation in force in each area and at any given time.
Likewise, the OWNER OF THE WEBSITE informs the user that any other transfer of data to be made, will be brought to his knowledge when so provided by the LOPD, informing him expressly, precisely and unequivocally of the recipients of the information, the purpose for which the data will be used, and the nature of the data transferred, or where appropriate, when the LOPD so provides, previously, specific and informed unequivocal consent will be requested from the user.
However, the OWNER OF THE WEBSITE informs the user and the client that any processing of personal data is subject to current legislation in Spain on data protection, established by the LOPD and its complementary and development regulations. In this sense, the OWNER OF THE WEBSITE is only responsible for and guarantees the confidentiality of the personal data requested by the user through the website.
F.- Quality of the data.
The OWNER OF THE WEBSITE warns the user that, except for the existence of a legally constituted representation, no user may use the identity of another person and communicate their personal data, so that the user must at all times bear in mind that they may only include personal data corresponding to their own identity and which are adequate, relevant, current, accurate and true..
To this end, the user shall be solely liable for any direct and/or indirect damage caused to third parties or to the OWNER OF THE WEBSITE, by the use of personal data of another person, or their own personal data when they are false, erroneous, not current, inadequate or irrelevant. Likewise, the user who uses the personal data of a third party shall be liable to the latter for the obligation of information established in article 5.4 of the LOPD for when the personal data have not been obtained from the interested party, and/or for the consequences of not having informed him/her..
The OWNER OF THE WEBSITE reserves the right to make any modifications it deems appropriate, without prior notice, to the content of its website. Both with regard to the contents of the website, and in the conditions of use of the same, or in the general conditions of contract. Said modifications may be made through its website by any legally admissible means and shall be binding for as long as they are published on the website and until they are validly modified by subsequent modifications.
G.- Exercise of the rights of Access, Rectification, Cancellation and Opposition of the data.
The OWNER OF THE WEBSITE informs the user of the possibility of exercising their rights of access, rectification, cancellation and opposition by means of a written request addressed to the OWNER OF THE WEBSITE at the following address: CALLE ESCORIAL Nº 22 08024 BARCELONA.
H.- Use of forms for the collection of personal data.
In the contact forms on the website, where personal data are collected, the user must expressly consent, prior to sending them, to the acceptance and knowledge of the privacy policy by filling in the "I have read and accept the privacy policy" check box, the content of which can be accessed via the attached link that will send you this legal notice. If the check box is not ticked by the user, the data contained in these forms will not be sent.
I.- Security measures adopted in relation to the processing of personal data.
The OWNER OF THE WEBSITE informs the user that, in accordance with the provisions of the LOPD and the Regulation on Security Measures, has adopted the necessary technical and organisational measures to guarantee the security of personal data and avoid its alteration, loss, unauthorised processing or access, taking into account the state of technology, the nature of the data stored and the risks to which they are exposed. Likewise, the OWNER OF THE WEBSITE guarantees the user the fulfilment of the duty of professional secrecy with respect to the personal data of users and the duty to protect them.
5) INTELLECTUAL AND INDUSTRIAL PROPERTY:
Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of the OWNER OF THE WEBSITE, are expressly prohibited.
All the contents of the website constitute a work whose property belongs to the OWNER OF THE WEBSITE, and none of the exploitation rights of the same may be understood to have been ceded to the user, beyond what is strictly necessary for the correct use of the website.
In short, users who access this website may view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of commercial exploitation.
Likewise, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of the OWNER OF THE WEBSITE, without it being understood that the use of or access to the same attributes any right over the same to the user.
The establishment of a hyperlink does not imply in any case the existence of a relationship between the OWNER OF THE WEBSITE and the owner of the website in which it is established, nor the acceptance and approval by the OWNER OF THE WEBSITE of its contents or services. Those persons who intend to establish a hyperlink must request prior written authorisation from the OWNER OF THE WEBSITE. In any case, the hyperlink will only allow access to the home-page or home page of our website, and must also refrain from making false, inaccurate or incorrect statements or indications about the OWNER OF THE WEBSITE, or include illegal content, contrary to good customs and public order.
The OWNER OF THE WEBSITE is not responsible for the use that each user makes of the materials made available on this website nor for the actions carried out on the basis of the same.
6) EXCLUSION OF GUARANTEES AND LIABILITY
The content of this website is of a general nature and has a merely informative purpose, without fully guaranteeing access to all the content, nor its completeness, correctness, validity or currency, nor its suitability or usefulness for a specific purpose.
The OWNER OF THE WEBSITE excludes, to the extent permitted by law, any liability for damages of any kind arising from:
a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the content, as well as the existence of vices and defects of any kind in the content transmitted, disseminated, stored, made available to those who have accessed through the website or the services offered.
b) The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
c) Failure to comply with the law, good faith, public order, traffic uses and this legal notice as a result of incorrect use of the website. In particular, and by way of example, the OWNER OF THE WEBSITE is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and self-image, as well as the regulations on unfair competition and illegal advertising.
7) MODIFICATION OF THESE CONDITIONS AND DURATION:
The OWNER OF THE WEBSITE 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 in force until they are modified by others duly published.
8) LINKS
The OWNER OF THE WEBSITE declines any responsibility for information that is outside this website and is not managed directly by our webmaster. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources likely to expand the content offered on this website. The OWNER OF THE WEBSITE does not guarantee or take responsibility for the operation or accessibility of the linked sites. Nor does it suggest, invite or recommend a visit to them, nor shall it be responsible for the results obtained. The OWNER OF THE WEBSITE is not responsible for the establishment of hyperlinks by third parties.
9) RIGHT OF EXCLUSION:
The OWNER OF THE WEBSITE reserves the right to refuse or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use of the Portal.
10) GENERAL.
In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the carrying out of any activity on the web pages included or accessible through the website, they must send a notification to the OWNER OF THE WEBSITE, duly identifying themselves, specifying the alleged infringements and expressly declaring, under their responsibility, that the information provided in the notification is accurate.
11) PUBLICATIONS.
The administrative information provided through the website does not replace the legal publication of laws, regulations, plans, general provisions and acts that have to be formally published in the official journals of public administrations, which are the only instrument that attests to their authenticity and content. The information available on this website should be understood as a guide.
12) APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the Courts and Tribunals of the user's domicile. In the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of the OWNER OF THE WEBSITE.
