LEGAL NOTICE – DÁNDARA
The present General Conditions, regulate the use of www.dandara.es of Internet. ownership of Spanditex S.L., NIF: B82674771, in the following "DÁNDARA", domiciled in :C/ Haya nº 2, Nave planta 1ª Izquierda, 28044 MADRID – SPAIN Registro Mercantil de Madrid, Tomo 15524, Libro 0, Folio 628, Sección 8, Hoja M-261140
Anyone who accesses www.dandara.es even if they do not make any purchase, use, access or dispose of the CONTENTS set out therein.
Any information, text, link, software, material, tools, including photos of Products and Services Offered, etc., whose availability and access is produced only on-line through www.dandara.es and by browsing it.
Any USER who registers at www.dandara.es by filling in the registration form and who can access the possible restricted areas available at www.dandara.es.
All those General and Particular Conditions arranged in www.dandara.es, in addition to any legal regulation that is applicable to it.
For the purposes of these Terms and Conditions, SPAM is defined as the discriminatory sending of messages to e-mail accounts without the prior authorization of the owners of the e-mail addresses.
In the event that any doubt may arise from the reading of these LEGAL LAWS, please do not hesitate to contact DÁNDARA at email@example.com
The USER expressly declares and accepts that access to www.dandara.es supposes in all its extension the unequivocal commitment of the fulfillment of each and every one of the LEGAL LAWS of mere access and use of any of the CONTENTS facilitated and/or lent by www.dandara.es . In any case, if the USER did not understand or assume the fulfillment of all or part of the mentioned General Conditions, he/she will not have to access nor use www.dandara.es and/or the CONTENTS available and/or lent through the same one. Likewise, the USER unequivocally and expressly declares and accepts that the LEGAL LAWS will be in force at all times, from the beginning of access to www.dandara.es, and that they may be modified at any time by DÁNDARA without prior notice.
The electronic document for the formalisation of the contract is not archived.
In the data supply sections, a technical mechanism is established that allows for confirmation and, if necessary, modification of the data.
DÁNDARA, by means of www.dandara.es , makes available to the user access to a series of CONTENTS that may be supplied or provided by DÁNDARA itself or by third parties, the main purpose of which is the provision of commercial information. Within www.dandara.es itself, there may be areas of access and free or restricted use of the CONTENTS. In this case, they will be accessed by entering a USER password and a PASSWORD that have been assigned to the USER in accordance with the provisions of point B.4 of these GENERAL CONDITIONS.
DÁNDARA reserves the right to limit, interrupt and suspend at any time access to www.dandara.es , the use of all or some of its CONTENTS, whether freely accessible or restricted. Likewise, DÁNDARA reserves the right, at any time, to modify the location on www.dandara.es of the CONTENTS, as well as the configuration of and access to the CONTENTS themselves.
B. CONDITIONS OF ACCESS AND USE OF WWW.DANDARA.ES
B.1.- ACCESS AND GENERAL USE OF WWW.DANDARA.ES BY A USER.
Likewise, DÁNDARA shall in no case be liable, even indirectly or subsidiarily, for the CONTENTS provided or offered by third parties or entities (nor for their marketing and manufacturing conditions), or for the contents, information, communications, opinions or statements of any kind originating from or dumped by third parties and accessible through www.dandara.es , which in no case implies a guarantee or support for the use or acquisition of products or services from third party suppliers of the same.
The USER expressly and unequivocally accepts that DÁNDARA may at any time establish additional conditions or restrictions for access to www.dandara.es and the use of the CONTENTS, the observance of which shall be immediately complied with by the USER without the need for prior communication.
Access to www.dandara.es is provided in good faith by DÁNDARA, and in view of the fact that many of the CONTENTS may be supplied or facilitated by third parties, DÁNDARA and the USER are aware and accept that some of the available data or texts may not be completely accurate or updated, although DÁNDARA uses its best efforts to ensure that this is the case, and DÁNDARA will be solely and exclusively liable for the contents directly provided by www.dandara.es and expressly identified with its Copyright.
B.2.- AUTHORISED USE OF WWW.DANDARA.ES AND THE CONTENTS.
The USER expressly and unequivocally declares that he/she will make an access to www.dandara.es and, if applicable, use of the same and of the CONTENTS in it disposed according to the LEGAL LAWS, the present general conditions, the particular conditions that may be available for each CONTENT, as well as other applicable regulations, good uses and customs, good faith and public order. In any case, and with a purely declarative character, the USER commits to:
a) Not to access or use www.dandara.es or its CONTENTS, not permitted or contrary to the purpose of www.dandara.es and the regulatory framework that regulates it. Thus, the USER shall not make or attempt to make access or use of CONTENTS and/or restricted areas of www.dandara.es without proper authorization to do so. In addition, the USER must carry out said access and use of the restricted areas using the procedures and tools that www.dandara.es itself has established for this purpose, without in any case the USER being authorised or not for the access and use of restricted areas and CONTENTS, the use of any procedures, means or computer tools that attempt to circumvent the security and identification measures provided by DÁNDARA or by third parties.
b) Access and/or use www.dandara.es and/or CONTENTS within the principles and purposes for which they were created and made available to the USER, also respecting the format for making them available and the LEGAL LAWS set forth herein.
For the sake of compliance with these principles and purposes, the USER, by way of illustration and not limitation, agrees to;
i) not to carry out or attempt to carry out actions that entail or may entail direct or indirect damage, of a general nature, to www.dandara.es and the CONTENTS set out therein, and of a special nature, to the rights of DÁNDARA or any third party;
ii) not to carry out or attempt to carry out actions that affect, inter alia, by modifying, manipulating or eliminating references or formats of references or mentions on the protection of intellectual or industrial property rights of DÁNDARA or third parties, both of the www.dandara.es itself and of the CONTENTS contained therein and other elements that make it up,
iii) carry out actions that damage or may damage the systems of DÁNDARA or third parties, or that may affect or may affect the normal development of the object of www.dandara.es .
These actions include the introduction of computer viruses in the systems of DANDARA, of the USERS or of any third party that affect or may in any way accept www.dandara.es , as well as the actions aimed at the diffusion of these viruses both in www.dandara.es , and in the network through www.dandara.es .
c) The USER shall be liable for all damages of any nature that DÁNDARA, any other USER or a third party may suffer as a consequence of the improper use that they make of www.dandara.es or the CONTENTS provided therein. They will also be liable for any amount that DÁNDARA must make effective as a consequence of an administrative resolution, a final judicial sentence or a transactional agreement aimed at compensating third parties for damages caused by the same motive.
B.3.- THE CONTENTS..
The USER expressly and unequivocally declares that it undertakes not to reproduce or copy, distribute, allow public access through any means of public communication, transform or modify the CONTENTS, unless it has the authorization of the holder of the corresponding rights or it is legally permitted, as well as not to break or attempt to break the protection devices or any information mechanisms that may be inserted into the CONTENTS referred to, for example, the protection of intellectual or industrial property of the same.
The USER undertakes NOT to obtain or attempt to obtain the CONTENTS by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the CONTENTS are found or, in general, those which are habitually used on the Internet because they do not entail a risk of damage or disablement of www.dandara.es and/or the CONTENTS.
B.4.- ACCESS AND USE OF WWW.DANDARA.ES BY REGISTERED USERS.
Once the present terms and conditions have been accepted, the user, after completing all the steps of the registration procedure, will obtain a USER password and a PASSWORD that will allow him/her to access the restricted areas.
In case of forgetfulness of the keys and passwords. the USER will be able to use the section arranged in www.dandara.es Lost its password? Any other circumstance that implies a risk of access and/or use by unauthorized third parties, the USERS must notify immediately at the address firstname.lastname@example.org in order to proceed immediately blocking and replacing it.
The USER undertakes not to provide false data, and in particular those data referring to age, sex or email address or not.
The USER shall be liable for all damages of any nature that DÁNDARA may suffer as a consequence of supplying false data. They will also be liable for any amount that DÁNDARA must make effective as a consequence of an administrative resolution, final judicial sentence or transactional agreement aimed at compensating third parties for damages caused by the same motive.
In any case, DÁNDARA reserves the right to freely accept or reject the USER'S application for registration and purchase.
C. COMMERCIAL ACTIVITY
The REGISTERED USER may request the cancellation of the sending of commercial communications by sending a communication via e-mail to the address email@example.com indicating his unequivocal will not to receive commercial communications. This request of cancellation of sending commercial communications in no case will harm the possibility of the REGISTERED USER to access and use the CONTENTS.
In the event that through www.dandara.es or through the commercial communications sent by DÁNDARA references or links to products and/or services of third parties or to www.dandara.es of third parties including their products and/or services are included, the USER expressly accepts that DÁNDARA does not guarantee or take responsibility for the purchases of said products and/or services from third parties, nor for the quality, characteristics, etc. of said products and/or services. DÁNDARA would not be a contracting party in such acquisition but only the USER and the third party, with DÁNDARA acting as a mere communication channel, but neither endorses nor promotes such products. The commercial transactions that take place must be subject to the legal provisions in force, and in particular those established in Law 7/1996 and the Law on the Regulation of Retail Trade, as well as in the legislation relating to distance sales, which develops the foregoing and Law 34/2002, of 11 July, on Information Services and Electronic Commerce.
In the event that third party CONTENTS exist on www.dandara.es, DÁNDARA does not edit or produce such third party CONTENTS, and consequently, does not guarantee nor is it responsible for the legality, reliability, usefulness, veracity, accuracy, exhaustiveness and timeliness of such CONTENTS. DÁNDARA shall in no event be liable for any damages that may arise from (I) the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and/or timeliness of the CONTENTS originating from third parties; (II) the inappropriateness for any purpose and disappointment of the expectations generated by the CONTENTS; (III) decisions or actions taken or avoided by the USER relying on the information or data provided or provided in the CONTENTS, including without limitation the loss of profits or business opportunities.
Any possible claim that may arise from these concepts must be directed against the third party that has arranged the contents or that is DÁNDARA of the goods or service provider.
D. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The USER expressly and unequivocally accepts and declares that all industrial and intellectual property rights over www.dandara.es and the CONTENTS and/or any other elements inserted in www.dandara.es, such as, but not limited to, photos, "look-and-feel", software, designs, images, databases, texts, sounds, trademarks, logos, graphics, etc., belong to DÁNDARA and/or any third parties it designates or self-identifies. In no case does access to www.dandara.es or the use of CONTENTS imply any type of renunciation, transmission, licence or total or partial cession of said rights, unless the contrary is expressly established. These GENERAL TERMS AND CONDITIONS do not grant USERS any other right to use, alter, exploit, reproduce, distribute or publicly communicate www.dandara.es of the affected rights. In the event that the aforementioned authorisation occurs, the use or exploitation shall be subject to the provisions thereof, and in all cases the rights shall be exercised in accordance with the principles of good faith and in accordance with legal legends, and the origin and/or author thereof shall be indicated in all cases, with mentions or references to the intellectual and industrial property available and/or the copyright symbol of the owners thereof. Likewise, in the event that there is an authorized printing, downloading and storage of CONTENTS, etc., this will be done exclusively for the personal, private and non-profit use of the USER.
Should any user be interested in obtaining any type of authorisation for the use of any of the protected materials, he/she should contact DÁNDARA at the e-mail address firstname.lastname@example.org.
E. EXCLUSION OF WARRANTIES AND LIABILITY
E.1. EXCLUSION OF GUARANTEES AND RESPONSIBILITY REGARDING ACCESS TO AND USE OF WWW.DANDARA.ES-
DÁNDARA does not guarantee the availability and continuity of the functioning of www.dandara.es or of those other websites with which a link has been established. Likewise, DÁNDARA shall in no case be liable for any damages that may arise from:
(I ) the lack of availability or accessibility to www.dandara.es or to those other sites with which a link has been established;
(II ) the interruption in the functioning of www.dandara.es , or of the CONTENTS provided therein, or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its functioning;
( III ) the unsuitability of the www.dandara.es or the CONTENTS for the specific needs of the USERS and
( IV) other damages that may be caused by third parties by means of interferences that affect www.dandara.es not authorised beyond the control of DÁNDARA.
Likewise, DÁNDARA warns that the quality of the disposition of the CONTENTS available at www.dandara.es and the use made of them by the USER, depends to a great extent on the hardware and software of the USER complying with the technical requirements that may be necessary at DÁNDARA's discretion. Said technical requirements may be made manifest through www.dandara.es or by means of particular communications to USERS, and must be complied with by the USER. Therefore, DÁNDARA is not responsible for the impossibility or deficiency in the disposition of CONTENTS or the use thereof by the USERS in the event that they do not comply with the aforementioned technical requirements.
In order to reduce the risk of virus introduction at www.dandara.es , DANDA uses virus detection programs to control all the CONTENTS it introduces at www.dandara.es . However, DANDA does not guarantee the absence of viruses or other elements in www.dandara.es introduced by third parties outside DANDA that may cause alterations in the physical or logical systems of the USERS or in the electronic documents and files stored in their systems. Consequently, DÁNDARA shall in no case be liable for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the USERS.
DÁNDARA adopts various protection measures to protect www.dandara.es and the CONTENTS against computer attacks by third parties. However, DÁNDARA does not guarantee that unauthorised third parties will not be able to access the type of use of www.dandara.es made by the USER or the conditions, characteristics and circumstances in which such use is made. Consequently, DÁNDARA will in no case be liable for any damages that may arise from such unauthorized access.
DÁNDARA warns that in the event that studies, opinions, reports, etc. are available, included as CONTENTS in www.dandara.es , these CONTENTS made by DÁNDARA or third parties are intended to provide only guidance to support the activity of the USER, so the USER expressly accepts that in no case DÁNDARA assumes any responsibility for any damages that may be caused directly or indirectly by the use that the USER makes of these CONTENTS and the conclusions drawn from them.
In any case, DÁNDARA may deny or limit access to USERS at any time to the CONTENTS, as well as may also eliminate or remove the CONTENTS if, in the opinion of DÁNDARA, the provisions of this LEGAL NOTICE and other LEGAL LAWS are being infringed, or in the principles that inspire the correct development of the object of www.dandara.es
E.2.- EXCLUSION OF GUARANTEE AND RESPONSIBILITY IN RELATION TO THE LINKS.
In the event that www.dandara.es makes available to USERS technical linking devices, directories and search tools that allow USERS to access pages and/or websites belonging to and managed by third parties, DANDA will check the existing content on those pages at the time it establishes a link to them and will do so in the good faith belief that such content complies with applicable law. However, in no case shall DÁNDARA be held responsible for, approve or own the products, services, contents, information, data, files and any kind of material existing in such web pages and it does not control or be held responsible for, approve or make its own the successive modifications of such materials. In the event that it deems it appropriate or is required by judicial or administrative order, DÁNDARA will remove links to those websites that violate applicable law and / or violate the rights of others.
E.3.- ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY.
If there are difficulties with regard to its supply or if there are no items left in stock, DÁNDARA will reimburse the USER for any amount he has paid.
F. USE OF LINKS
All those who wish to establish a link, hyperlink or link (the "link") between their website and www.dandara.es must obtain prior authorisation from DÁNDARA by submitting a request to the following e-mail address: email@example.com. In the event of obtaining such authorization, the establishment of the link will have to meet the following requirements:
(I ) the establishment of the link may in no case imply any reproduction of C/ Haya nº 2, Nave planta 1ª Izquierda, 28044 MADRID - SPAIN , but it must only serve to allow access to www.dandara.es . Furthermore, access via the link may only be made to the home page of www.dandara.es ("homepage"), in no case to a page other than this one;
(II ) no frame or borderenvironment will be created on www.dandara.es ;
( III ) no false, inaccurate or incorrect statements or indications will be made about www.dandara.es ;
( IV ) it shall not be declared or implied that DÁNDARA endorses, recommends, supervises or assumes the CONTENTS or Products and/or Services Offered provided through the web pages in which the link was established, DÁNDARA avoiding and renouncing any responsibility that the web page may incur (its managers, owners, etc.) both for the establishment of the link itself to the "homepage" of www.dandara.es and for the services provided and the CONTENTS provided in said web page;
( V ) in any case, the authorisation to establish the link shall only imply authorisation to establish the link in accordance with the provisions of this paragraph, and therefore in no case shall it imply, without authorisation, the possibility of use or provision on the said web page on which the link to the intellectual or industrial property rights of DANDA or of any third party was established. In any case, the web page in which the link is established may not contain distinctive signs that may lead to the understanding of the existence of an association relationship (as there is no such relationship) between the services, products and content available and provided on the web page and those available and provided through www.dandara.es . Likewise, they may not induce the understanding of the existence of an association (as it does not exist) between the physical person, legal entity or entity that manages or is the owner of said website and DANDA or the third party providers of CONTENTS of www.dandara.es ;
(VI) the web page in which the link is established, during the period that the link is established, may not have or provide services or CONTENTS that are illicit, fraudulent, contrary to these general conditions, good faith, good customs and the rights of third party providers of CONTENTS of www.dandara.es or of DÁNDARA.
G. PROTECTION OF PERSONAL DATA
In accordance with Law 15/1999 of 13 December on the Protection of Personal Data, we inform you that the personal data voluntarily provided by you to Danara domiciled in: C/ Haya nº 2, Nave planta 1ª Izquierda, 28044 MADRID - SPAIN, will be incorporated into a file owned by Spanditex S.L., NIF: B82674771 addressee of the same.
The purpose of the creation, existence and maintenance of the file are the tasks of maintenance and management of a commercial relationship, and where appropriate, billing, customer service, information work, marketing and activities related to such work as well as sending informative communications on products and services of our company.
DÁNDARA undertakes to keep the secrecy of the personal data provided and to maintain the necessary measures, taking into account at all times the state of technology, to prevent alteration, loss, unauthorized access or treatment, without prejudice to the fact that such data or access to the file that contains them may be provided to those bodies or entities that by virtue of a legal provision require such access to be provided.
You are also informed that you have the rights of access, modification, opposition and cancellation, which may be exercised by written request addressed to : Departamento de Atención al Cliente, C/ Haya nº 2, Nave planta 1ª Izquierda, 28044 MADRID - SPAIN , to the attention of the Person Responsible for the Treatment or to the e-mail firstname.lastname@example.org.
For its part, the user guarantees that the personal data provided are true and accurate and undertakes to notify any change or modification thereof. Any loss or damage caused to the site or to the person responsible for the website or to any third party through the communication of erroneous, inaccurate or incomplete information in the registration forms shall be the sole responsibility of the user.
In order to ensure the security of economic transactions arising from the sale between the Client and the Company, the Company reserves the right to request, before or after the sale, documentary proof of identity from the Client in order to insure itself and to insure the Client against misappropriation of identity and/or means of payment.
H. PARTIAL INVALIDITY
The failure of either party to enforce any of its rights under this contract shall not be deemed a waiver of such right unless expressly communicated in writing.
Even if any part of this contract is not considered legal or valid by a court, the rest of the contract will continue to apply.
I. NON-COMPLIANCE. APPLICABLE LAW AND JURISDICTION
DÁNDARA reserves the right to exercise as many actions as are available in right to demand the responsibilities derived from the breach of any of the provisions of the LEGAL LAWS by the USER.
The provision of the www.dandara.es service, the on-line contracting, as well as these GENERAL CONDITIONS and the other LEGAL LAWS are governed by Spanish Law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of Madrid.