Nota Legal y Condiciones de uso de la Web
Legal notice and terms of use of the website
By accessing the Website www.lasdalias.es (herein after the Website), you take on the condition of a USER thereof and your access implies your total and unreserved acceptance of this Legal Notice and of the last version of the Privacy Policy, notwithstanding the General Terms of Sale in the event that you place an order at our on-line shop. As a result, we advise you to read these documents before using the functions offered by this Website, as well as each time you access the site, as we reserve the right to change, modify, add or delete part of these Terms at any time.
The mere access to this Website does not under any circumstance whatsoever imply the existence of a commercial relationship between the User and the Website.
I. OWNER OF THE WEBSITE
In accordance with that set forth in Article 10 of Spanish Act 34/ 2002, of 11 July, on the Information Society Services and Electronic Commerce, we provide you with the following information on the owner of this Website:
o Owner of the Website: LA SALA DALIAS, S.L. (herein after Las Dalias)
o Registered address: Ctra. San Carlos, km.12 -07850, Santa Eulalia del Río, Ibiza, Islas Baleares, Spain.
o Spanish Tax ID Number: B07949324
o Registry details: Recorded in the Trade Registry of Eivissa in Volume 89, Book: 89, Page 84, Section 8, Sheet IB-4232, First registration.
In addition to the registered address, we provide the Users with the following channels of communication, for requests, questions or complaints:
o Telephone: (00 34) 971 326 825
o Public relations: info@lasdalias.es
II. TERMS OF USE
1. Introduction
At this Website, LAS DALIAS offers information on the craftwork of the Las Dalias flea market, enabling users to purchase products from the market directly, on-line. By accessing and using this Website, you agree to be bound by the conditions set forth herein below. For this reason, we recommend that you read this section carefully before browsing this Website.
2. Duties of the Users
The Users undertake to use this Website lawfully, in accordance with that set forth in these Terms of Use and in such a manner that their use is not detrimental to the rights or interests of LAS DALIAS or third parties. By way of example and by no means whatsoever exclusive or limiting, the User similarly undertakes the duties described below:
o To refrain from engaging in illegal activities or those which oppose the public order or good faith;
o To refrain from attempting to access, modify, tamper with and where applicable, make use of the accounts of other
Users;
o To refrain from using the data published on the Website for the sending of unsolicited mail (spam).
o To refrain from entering or disclosing on this Website false, misleading, ambiguous or inaccurate information or content that might mislead the recipients of such information, and to refrain from distributing content of a racist, xenophobic, pornographic nature or content which supports terrorism or poses a threat to human rights or the rights of minors;
o To refrain from performing actions that involve or cause a violation of the intellectual property rights of LAS DALIAS or of third parties;
o To refrain from causing damage to the hardware or software systems of LAS DALIAS, its suppliers or third parties;
o To refrain from introducing or spreading computer viruses through the network or using any other hardware or software systems that might cause the damages mentioned above.
o To refrain from eliminating altering, evading or tampering with any protection device or security system installed on the pages of this Website.
3. Exclusion of liability
This Website is provided “as is” and the User uses it at his/her own risk. As a result, neither LAS DALIAS nor its administrators, nor its workers, nor its suppliers, nor its collaborators will be liable for damages of any nature, direct or indirect, stemming from the use of the Website. Hence, LAS DALIAS is expressly exempt of any type of guarantee, whether express or implicit, to the full extent contemplated by the Law.
LAS DALIAS does not guarantee the availability and accessibility of the Website; however, it will make all reasonable efforts to ensure that it is available and accessible. There may be occasional interruptions for the amount of time necessary to carry out the relevant maintenance operations.
LAS DALIAS will not be held responsible for any possible damages arising from any interference, interruptions, computer viruses, telephone line failure or telephone disconnections due to causes beyond the control of the Company. Nor will it be responsible for delays or blockages in the use of this electronic system caused by defects or overloads in the data processing centre, the telephone lines, the internet system or other electronic systems; nor for any other alteration that might be caused to the Users’ software or hardware. Moreover, LAS DALIAS does not guarantee the absence of viruses, malware, Trojans or any other elements that might cause alterations in the User’s computer system, documents or files, accepting no liability whatsoever for damages of any type caused by such circumstances to the User. Similarly, LAS DALIAS will not be held responsible for any damage caused by third parties through unlawful interferences beyond its control.
In the same manner, LAS DALIAS will not be held responsible for any losses or damages caused by the use or misuse of the Website contents or for the consequences of any errors, defects or omissions in any contents appearing on this Website and which have been provided by third parties. LAS DALIAS will not assume any obligations or responsibility whatsoever for any services that it does not provide directly itself.
4. External links
Under no circumstance whatsoever will LAS DALIAS be held responsible for the contents of links to the websites of other parties or companies; nor will it guarantee the technical availability, quality, reliability, accuracy, scope, veracity, validity or legality of any material or information contained in any such hyperlink or other Internet websites. Similarly, the inclusion of such external links does not imply any sort of association, merger or participation or involvement with the companies or organisations of such websites.
5. Denial of access and cancellation of accounts
LAS DALIAS reserves the right to deny access to the Website, as well as to suspend or cancel the accounts of any Users who do not comply with these Terms, in the case of unforeseen technical or security problems, the inactivity of the account for a significant period of time, or in compliance with a warrant and/or a police, judicial or administrative order.
7. Processing personal data
The Users consent to the processing of their personal data within the scope and under the terms set forth in our Privacy Policy, which is available on the home page of the Website and moreover incorporated into these Terms by reference. In such Policy, the Users will find information on how to exercise their rights to access, cancel and rectify their personal data, as well as the right to oppose their processing.
8. Intellectual and industrial property and copyright
The names, brands and logos of the flea market stalls that appear on this Website, as well as the models and designs of the craftwork offered here, are protected by the intellectual and industrial property regulations in force, and are the property of their corresponding holders.
Notwithstanding the elements mentioned above and the contents over which other third parties may hold intellectual property rights, the intellectual property rights of the Website, its domain name, its source code, design and navigation structure and the elements contained therein (such as for example, images, sound, audio, video, software, and texts; brands and logotypes, colour combinations, structure and design, etc.) belong to LAS DALIAS, which holds the exclusive right to use them in any manner, and in particular, holds the rights of reproduction, distribution, public communication and transformation, in keeping with that set forth in the Intellectual Property Law in force. The reproduction, distribution and public communication, including the provision of availability of all or part of the content of this Website are expressly prohibited on any medium and by means of any technical method, without the prior authorisation of LAS DALIAS or where applicable, the authorisation of any third parties that hold the intellectual property rights or copyright of the contents in question. Notwithstanding the foregoing, the User of the Website may view the elements of this Website and even print them, copy them, store them on the hard drive of his/her computer or on any other physical support, providing such use is solely and exclusively for his/her own personal and private use. Any organisations or persons that wish to establish a link to it, with the prior authorisation of the owner of this Website, must guarantee that they will only allow access to this website or service and that they will not make a copy of its contents or services.
9. Severability
If one of the clauses of these Terms of Use is deemed null, such nullity shall affect only that clause or the specific so-deemed section thereof. The remainder of these terms shall continue to be in force and the nullified clause or part thereof shall be deemed non-existent.
10. Acceptance
Access to the Website and its use necessarily entail your express acceptance of each and every one of the Terms of Use set forth herein.
11. Jurisdiction and applicable legislation
This Website will be governed by Spanish Law, excluding its conflict of law rules. Notwithstanding the jurisdiction rights recognised to the consumers by virtue of Spanish Royal Legislative Decree 1/2007, of 16 November, for any discrepancies that might arise as a result of the use of the Website or of the services associated with it, the User hereby submits to the jurisdiction and competence of the Courts of Ibiza, hence expressly waiving any other jurisdiction that may be applicable to him/her.
The European Commission provides an on-line platform for the resolution of disputes for consumers, which is accessible by means of the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
