Legal Notice

In order to comply with Law 34/2002, July 11th, on Information Society Services and Electronic Commerce, and particularly, Article 10, the following legal notice is made available to the user.

The access, navigation and use of the Website https://www.joyeriascarbal.es/es/  (hereinafter, the "Website") imply the tacit and unreserved acceptance of all the clauses of this legal notice, having the same validity and legal effectiveness as any contract signed in writing.

Its observance and compliance will be enforceable with regards to any person who accesses, browses or uses the Website. If you do not agree with the exposed conditions, do not access, browse or use the Website.

1. IDENTIFICATION 

Holder: Joyeros Carbal, S.A. (hereinafter, "CARBAL")

Registered Office: Calle Velázquez 45, CP 28001, Madrid, España.

TIN: A-78339520

Registration Data: registered in the Mercantile Registry of Madrid, Volume 7037, Folio 80, Page 715952.

E-mail: hello@joyeriascarbal.com

2. PURPOSE

This legal notice regulates the access, navigation and use of the Website, without prejudice that CARBAL reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access or use. The access and/or use of the Website after the enforcement of its modifications or changes implies the acceptance thereof.

However, access to certain content and the use of certain services may be subject to certain specific conditions, which will be clearly shown in any case and must be expressly accepted by users. These particular conditions may replace, complete or, where appropriate, modify those established in this legal notice.

For the purposes of interpreting of this legal notice, it is understood that a person becomes a user (hereinafter, "User" or "Users") at the moment in which it accepts the present legal notice and the privacy policy set out in the Website.

3. WEBSITE

Through the Website the User may carry out the following actions:

  1. Access information regarding the products on sale of the jewelry;
  2.  To know the novelties and discounts of the same ones;
  3.  Obtain more detailed information about the jewelry on sale;
  4.  Contact customer service through the contact section via e-mail or telephone call;
  5. Possibility of buying the products online through the purchase process of the website;
  6. Obtain information on the existence of physical establishments, shipping costs, returns policy, as well as additional services offered by the jewelry, such as repair, appraisal, custom design and management of old jewelry.

4. ACCESS AND NAVIGATION

The access and navigation through the Website imply that the User of the same accepts in its entirety and is bound to comply fully with this legal notice, as well as the instructions or recommendations indicated in each specific case through the Website.

Access to the contents of the Website is completely free.

When Users provide personal data through any of the forms enabled for this purpose on the Website, it will be necessary that they previously accept the Privacy Policy.

In any case, access, browsing or registration on the Website by minors (under 18) is prohibited. Under no circumstances CARBAL will be responsible for the accuracy of the data provided by Users, thereby each of them will be solely responsible for the eventual consequences, errors and failures that may arise from the lack of accuracy of the data.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

5.1. Rights over content

CARBAL has the corresponding licenses for the exploitation rights of intellectual and industrial property necessary to operate on the Website, as well as of all the content offered therein, including the Website themselves, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through them.

5.2. Rights on the Website

In no case shall it be understood that the access, navigation and use of the Website by the User implies a waiver, transmission, license or assignment, total or partial, of said rights by CARBAL. The User has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with this legal notice.

References to registered trademarks or trade names, or other distinctive signs, whether owned by CARBAL or by third parties, imply a prohibition of using them without the consent of CARBAL or its legitimate owners. At no time does access, browsing or use of the Website and/or its contents give the User any right over distinctive signs included therein, unless otherwise provided in this legal notice.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for any purpose, if the user does not have previous, express and written authorization fromCARBAL or, as the case may be, from owners of the corresponding rights.

Likewise, it is prohibited to suppress or manipulate the copyright indications or other credits that identify the holders of rights over the contents that the User may find in the Website, as well as the technical protection devices, fingerprints, or any protection mechanism or information incorporated into the contents offered on the Website.

The services offered, or any information provided through the Website may not be used for commercial or advertising purposes previous authorization from CARBAL.

In any case, the User undertakes not to use the Website for illegal or prohibited purposes.

5.3. Rights over the contents and information disseminated by the User

In the case that Users send information or content of any kind to CARBAL through any of the channels enabled for this purpose, they declare, guarantee and accept that they have the right to do so freely, that said information does not infringe any intellectual or industrial property right, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The User acknowledges taking responsibility, leaving CARBAL unharmed, for any communication or content sent personally or in his name.

If the User is aware of the existence of any illicit, illegal content, contrary to the laws or that could involve an infringement of intellectual or industrial property rights, or rights of any other nature, he/she must immediately notify CARBAL through the email hello@joyeriascarbal.com so that it may proceed to adopt the appropriate measures.

Likewise, in the event that any User or a third party considers that any of the contents of the Website owned by CARBAL violates their intellectual or industrial property rights, or rights of any other nature, he/she must send a communication to hello@joyeriascarbal.com including the following information:

  • Identification and contact information of the claimant or his legal representative;
  • Documentation that proves his/her status as owner of the rights allegedly infringed;
  • Detailed account of the rights allegedly infringed by CARBAL, as well as its exact location within the Website;
  • Express statement by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.

6. LINKS

6.1. LINKS TO OTHER PAGES

In the case that the Website show links to other web pages through different buttons, links, banners or embedded content, CARBAL informs that they are managed by third parties, not having CARBAL human or technical resources to know in advance and/or control and/or approve all information, content, products or services provided by other platforms to which links can be established from the Website.

As a result, CARBAL cannot assume any responsibility for any aspect related to the website or web page to which a link could be established from the Website, specifically referred to, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.

In this sense, if the Users had current knowledge that the activities developed through these third-party web pages are illegal or contravene morality and/or public order, they should immediately notify CARBAL so that they can proceed to disable the access link to them, action that will be carried out in the shortest possible time.

In any case, the establishment of any kind of link from the Website to another web page does not imply that there is any kind of relationship, collaboration or dependence between CARBAL and the person in charge of said external web page.

6.2. LINKS TO THE CARBAL CHANNEL IN OTHER PLATFORMS AND SOCIAL NETWORKS

CARBAL makes available to Users, through different tools and applications, links that allow Users to access the channels and pages of the Website that it maintains on different platforms and social networks belonging to and/or managed by third parties (e.g. Twitter, Facebook, etc.). The inclusion of these links on the Website has the sole purpose of facilitating Users access to these channels on different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between CARBAL and the owner, manufacturer or distributor of the linked website, nor the acceptance and approval by CARBAL of its contents and/or services, being its owner, manufacturer or distributor the sole responsible for them.

The activation and use of these applications may involve the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond the control of CARBAL. When accessing said external networks, the User enters in an environment not controlled by CARBAL, for which reason CARBAL will not assume any responsibility for the security configuration of said environments.

Due to CARBAL limited control over the content hosted on said channels, the User acknowledges and accepts that CARBAL does not assume any responsibility for the content or services that the User may access in said pages, or for any content, products, services, advertising, or any other material available in them.

6.3. LINKS ON OTHER WEB PAGES TO THE WEBSITE

CARBAL does not authorize the establishment of a link to the Website from those pages that contain material, information or illicit, illegal, degrading, obscene content and, in general, that infringe the Law, moral or public order, or generally accepted social standards.

In any case, Users may establish links to the Website, provided that they comply with the following conditions:

1. The link must not reproduce the content of the Website or parts thereof in any way;

2. It is not allowed to create a browser or a border environment on the sections of the Website, and in any other way the Website can be modified;

3. It is not allowed to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or imply that CARBAL has authorized the link or that it has supervised or assumed in any way the contents or services offered, or made available on the web page where said link is established;

4. The web page in which the link to the Website is established, will not contain illicit information or content which is contrary to morality, customs, generally accepted satandards and/or public order, nor it will contain content contrary to any third-party rights, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy and/or self-image or to any other right, or content contrary to the data protection regulations.

CARBAL does not have the faculty or human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. CARBAL does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website; specifically, as an example but without limitation, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content, in general.

7. RULES OF USE OF THE WEBSITE

It is not allowed and, therefore, its consequences will be the sole responsibility of the User, access or use of the Website for illegal or unauthorized purposes, with or without profit. In particular, and without limitation, it is prohibited to:

1. Use the Website in any way that may cause damages, interruptions, inefficiencies or defects in their functioning or in the computer equipment of a third party;

2. Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;

3. Use the Website to collect personal data from other Users;

4. Use the Website illegally, against good faith, morals and public order;

5. Register through the Website with a false identity, supplanting third parties or using a profile or performing any other action that may confuse other Users about the User's identity;

6. Access without authorization to any section of the Website, to other systems or networks connected to the Website, to CARBAL’s servers, or to the services offered through the Website, by means of piracy or falsification, extraction of passwords or any other illegitimate means;

7. Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of CARBAL, as well as in the systems and networks connected to the Website;

8. Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation or operation of those, or falsifying the result thereof and/or using fraudulent methods of participation, through any procedure, and/or through any practice that violates or infringes this legal notice.

Failure to comply with any of the previous obligations by the User may entail the adoption by CARBAL of the appropriate measures protected by Law and in the exercise of their rights or obligations, which may result in the elimination or blocking of the account of the offender User, without the right to ask for any compensation for the damages caused.

8. RESPONSIBILITIES AND GUARANTEES

CARBAL cannot guarantee the reliability, usefulness or veracity of all the information and/or the services and content of the Website nor of the usefulness or veracity of the documentation made available through it.

Consequently, CARBAL does not guarantee or is held responsible for:

1. The continuity of the contents, services and/or functionalities of the Website;

2. The absence of errors in said contents;

3. The absence of virus or other harmful components on the Website or on the server that supplies it;

4. The invulnerability of the Website or the impossibility of violating the security measures adopted for it;

5. The lack of usefulness or performance of the contents of the Website, and;

6. Damages caused to itself or to a third party, by any person who violates the conditions, rules and instructions that CARBAL establishes, or through the violation of security systems.

However, CARBAL declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to minimize the errors of the system, both from the technical point of view and the contents published on the Website.

CARBAL does not guarantee the legality, reliability, or usefulness of the contents provided by third parties through the Website. If the User was aware of the existence of any illicit, illegal, contrary to the laws content, or content that could involve a violation of third-parties’ rights, he/she must notify CARBAL immediately so that it can proceed with the adoption of appropriate measures.

CARBAL will not be responsible for the veracity, integrity or updating of the information published on the Website from foreigh sources, as well as those contained on other platforms that are linked from the Website. CARBAL will not assume responsibility for hypothetical damages that may arise from the use of said information.

CARBAL will not respond for events beyond its control, among which may be listed in a non-limiting manner: force majeure, problems of access to the internet, technological problems beyond the diligent and reasonable management of CARBAL, actions or omissions of third parties, etc. In all the aforementioned cases unrelated to the control and due diligence by CARBAL, there will be no CARBAL indemnity to the User for damages or losses, so far as this is allowed by current legislation.

9. SUSPENSION OF THE WEBSITE

CARBAL reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without previous notification, to Users who contravene any of the provisions detailed in this legal notice, without the possibility of the User to demand compensation for this cause.

10. DATA PROTECTION

In accordance with the provisions of Organic Law 3/2018, of December 5th, on Data Protection and Digital Rights Guarantees, all personal data collected during the use of the Website will be processed in accordance with the Privacy Policy, that every User must expressly accept in case of providing personal data through the Website.

11. GENERAL

Headings of the different clauses are only informative, and will not affect, qualify or extend the interpretation of this legal notice. Likewise, CARBAL may modify the conditions stipulated herein, totally or partially, publishing any change in the same way in which this legal notice appears or through any type of communication addressed to the Users.

The temporary validity of this legal notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, moment in which the modified legal notice will become valid.

CARBAL may terminate, suspend or interrupt, at any time and without previous notice, access to the contents of the Website, with no possibility for the User to demand any compensation. After said extinction, the prohibitions of use of the contents previously exposed in this legal notice will remain in force.

In the event that any provision of this legal notice is declared invalid or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or non-application will not affect the remaining provisions of this legal notice.

The non-exercise or execution by CARBAL of any right or condition contained in this legal notice will not constitute a waiver thereof, unless acknowledgment and express agreement in writing.

12. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

The regulation in force will determine the laws that should govern and the jurisdiction that must know about the relations between CARBAL and the Users of the Website. However, if such regulations permit the possibility for the parties to submit to a specific jurisdiction, for any litigious issue derived or related to the Website, the Spanish legislation in force at the time in which the facts occur, shall apply. Likewise, CARBAL and the Users, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Madrid (Spain).

To submit claims regarding the use of our services, the User may claim through the email hello@joyeriascarbal.com, committing ourselves to seek at all times a friendly solution to the conflict.

Last update: June 26, 2019.

© 2019 JOYEROS CARBAL, S.A. All rights reserved.

 


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