General Conditions LSSICE
- OBJECT.
These general conditions of use (hereinafter CGU), regulate the access and use of the Website under the domain WWW.VERGARACREATIONS.COM (hereinafter Website), owned by “CREACIONES J. VERGARA S.L.” (hereinafter VERGARA CREATIONS), made available to users (hereinafter User/s).
If you have any questions or queries related to the use and access to the Website or these CGU, you can contact us through the contact details published in the Legal Notice.
2.- CONFORMITY WITH THE PRESENT GENERAL CONDITIONS.
The use of the Website implies full acceptance by the User of the CGU in force at each time the User accesses it. Therefore, if you do not agree with any of the conditions established herein, you must refrain from using this Website.
Consequently, the User must carefully read the GCU each time he intends to use the Website.
In any case, VERGARA CREATIONS reserves the right to modify, without prior notice and at any time, the CGU. Likewise, VERGARA CREATIONS reserves the right to suspend, interrupt or stop operating the Website at any time.
By “use of the Website”, it is understood any User who accesses and browses the Website regardless of whether they complete the registration forms.
3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.
Access to the Website and/or the Contents included therein does not imply any type of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.
VERGARA CREATIONS may establish limitations and/or additional conditions for the use and/or access to the Website and/or the Contents, which must be observed by Users in any case.
3.1- Access and Use of the Website.
Unless otherwise provided, the use of the Website will be free of charge, without prejudice to the connection cost through the corresponding telecommunications network that the User has contracted.
The User acknowledges being over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is carried out in any case under the sole and exclusive responsibility of the User.
The User undertakes to comply with the CGU, as well as to comply with the special warnings or instructions contained in the Website and to always act in accordance with the law, good customs and the requirements of good faith, using their maximum attention taking into account account the nature and consideration of the service that you enjoy. For this purpose, you will refrain from using the Website in any way that could prevent, damage or deteriorate its normal operation, the assets or rights of VERGARA CREATIONS, its suppliers, its distributors, other Users or in general any third party. .
Specifically and without this implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User agrees to use the
Website:
a) Not to introduce, store or disseminate on or from the Website, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race , sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general current regulations.
b) Not to introduce, store or disseminate through the Website any computer program, data, virus, code, or any other instrument or electronic or physical device that is likely to cause damage to the Website, in any of the services, or in any of the equipment, systems or networks of VERGARA CREATIONS of any User, of the Suppliers or Distributors of VERGARA CREATIONS or in general of any third party, capable of causing any type of alteration or preventing their normal operation.
c) Not to introduce, store or disseminate through the Website any content that infringes the rules of intellectual property, industrial or third party rights, or in general any content of which it does not hold, in accordance with the law, the right to make it available. from third parties.
3.2- Access and Use of the Contents.
The Contents of the Website are made available to the User with information from both their own sources and third parties. VERGARA CREATIONS tries to ensure that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
Through these GCU, no intellectual or industrial property rights are transferred to the Website or to any of its component elements, and the User is expressly prohibited from reproducing, transforming, distributing, public communication, making available, extracting, reusing, forwarding or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for their exclusive personal and private use in their computer systems (software and hardware), provided that it is not for the purpose of carrying out activities of a commercial or professional nature. The User must refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available or indicated for this purpose or those that are habitually used on the Internet (provided that the latter do not imply a risk of damage or uselessness of the Website). The User must respect at all times all intellectual and industrial property rights on the Website, owned by VERGARA CREATIONS or third parties.
5.- EXCLUSION OF GUARANTEES AND LIABILITY.
5.1.- Exclusion of Guarantees and Responsibility for the Operation of the Website.
VERGARA CREATIONS does not guarantee the availability and continuity of the operation of the Website and the services or Contents offered therein, nor that the existing content on its Website is updated, being exonerated from all liability for damages of any nature that may arise from such circumstances.
VERGARA CREATIONS will carry out, as long as there are no circumstances that make it impossible or difficult to execute and as soon as it receives news of the errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, restoring the communication and/or update the aforementioned contents.
Likewise, VERGARA CREATIONS does not guarantee the technical reliability of its Website, nor the access to its different pages, being in the same way exonerated from all responsibility for damages of any nature that may arise from this cause.
In addition, VERGARA CREATIONS is not responsible for possible errors or security deficiencies that may occur due to the use by the User of a browser of an outdated or insecure version of the browser or for damages, errors or inaccuracies that may arise of its malfunction.
In order to reduce the risk of introducing viruses into the Website, it uses virus detection programs to control all the Content that it introduces into the Website. However, VERGARA CREATIONS does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to
VERGARA CREATIONS 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, VERGARA CREATIONS will not be in any way responsible for any damages of any kind that may derive 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.
VERGARA CREATIONS adopts various protection measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, VERGARA CREATIONS does not guarantee that unauthorized third parties may have access to the type of use or navigation of the Website made by the User or the conditions, characteristics and circumstances in which it is carried out. Consequently, VERGARA CREATIONS will not be in any case responsible for any damages that may arise from such unauthorized access.
VERGARA CREATIONS will not be held responsible in any case for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may derive from it.
5.2.- Exclusion of Guarantees and Liability for the Contents.
VERGARA CREATIONS does not edit the Content of third parties published on the Website and, consequently, does not guarantee nor is it responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said Content, nor for the Content owned by VERGARA CREATIONS.
VERGARA CREATIONS will not be in any case responsible for any damages that may arise from: (i) the lack of legality, veracity, accuracy, completeness and/or timeliness of the contents originated by third parties and their own; (ii) the inadequacy for any purpose and the defrauding 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.
6.- HYPERLINKS.
Those people who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:
i) Prior authorization will not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal authorization in writing by VERGARA CREATIONS.
ii) The Web page in which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
iii) The Web page in which the Hyperlink is established will not contain illegal information or content, contrary to morality and generally accepted good customs and public order, nor will it contain content contrary to any third-party rights.
iv) VERGARA CREATIONS reserves the right to block the Hyperlinks directed to the Website that do not have prior express authorization, even in compliance with the provisions of this point of the General Conditions.
7.- ACTIONS IN CASE OF NON-COMPLIANCE.
VERGARA CREATIONS reserves the right to exercise as many actions as are available by law to demand the responsibilities that derive from the breach of any of the provisions of these General Conditions of the Website by a user.
8.- PARTIAL NULLITY.
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective will not affect the validity or effectiveness of the rest, which will continue to be binding between the parties.
9.- APPLICABLE LAW AND JURISDICTION.
These CGU will be governed by the provisions of Spanish law. Any controversy related to the conditions of use and access to this Website contained in this CGU document of the Website, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by legal imperative, to the Courts of Denia.
10.- NOTIFICATIONS.
For the purposes of making the appropriate notifications, VERGARA CREATIONS designates the address specified in the Legal Notice as the contact address. The email provided by the User during the registration process on the Website will be used by VERGARA CREATIONS for the purpose of notifying the User.
The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications. All Notifications made by VERGARA CREATIONS to the User will be considered validly made if they have been made using the data and through the means indicated above.
VERGARA CREATIONS is not responsible for any damage that may be caused by the violation of the User’s obligation to keep their contact information updated.
