TERMS AND CONDITIONS OF USE OF THE WEBSITE

 

 

 

I. INFORMATION ABOUT THE SERVICE PROVIDER

 

The www.agatharuizdelaprada.com website is managed by two different companies. The Portal is owned and managed by PRODUCCIONES ANA SANDRA, S.L., while the Online Shop is owned and managed by DREAM OF BEACH NIGHT, S.L. whose details, for the purposes of compliance with the obligations contained in article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce ("LSSI"), are as follows:

 

Company Name: PRODUCCIONES ANA SANDRA, S.L.

 

Registered address:  Calle Villanueva,5 Local Izq. 28001 Madrid

 

Registration details in the Madrid Mercantile Register: Volume 19.282, folio 96, section 8ª, page M337304.

 

Tax Identification Code number: B-83775130

 

E-mail address: juridico@agatharuizdelaprada.com

 

Contact telephone number: +34 913104093

 

 

Company name: DREAM OF BEACH NIGHT, S.L.

 

Registered address:  Calle Villanueva,5 Local Izq. 28001 Madrid

 

Registration details in the Madrid Mercantile Register: Volume 18.703, folio 198, section 8ª, sheet M325734

 

Tax Identification Code number: B-83614594

 

E-mail address: ventas@agatharuizdelaprada.com

 

Contact telephone number: +34 913190501

 

 

 

II. GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF OUR WEBSITE

 

These General Terms and Conditions regulate the access and use of the Internet Website www.agatharuizdelaprada.com that PRODUCCIONES ANA SANDRA, S.L. and DREAM OF BEACH NIGHT, S.L., hereinafter also AGATHA RUIZ DE LA PRADA, make available to you as a user.

 

 

 

1. USER

 

By accessing and using this Website (www.agatharuizdelaprada.com), as well as purchasing any of the products offered, you will be attributed the condition of User of the same, implying that you acknowledge having read, understood and accepted without reservation the present General Terms and Conditions of Use published by AGATHA RUIZ DE LA PRADA, without prejudice to the acceptance of the particular conditions that may be applicable.

 

To access and use this Website you must be 18 years of age or older. If you are under 18 years of age, you will need your parents' authorisation in advance.

 

In the event that the User does not understand and/or does not accept all or part of the Terms and Conditions, the User must cease accessing this Website and using its content.

 

Any use other than that authorised is expressly prohibited, and PRODUCCIONES ANA SANDRA, S.L. or DREAM OF BEACH NIGHT, S.L. are empowered to deny or withdraw access to and use of the Website, at any time, and without prior notice, to those users who do not comply with these general conditions or the particular conditions which, where applicable, may be applicable.

 

If you need help or further information, you can contact our Customer Service by writing to ventas@agatharuizdelaprada.com.

 

We encourage you to carefully read our Privacy Policy, which also applies to users who access our Website and use its services without purchasing any products, and will also help you understand how we collect your personal data and for what purposes.

 

 

 

2. INFORMATION PROVIDED, ACCESS AND USE OF THE WEBSITE

 

Through this Website, PRODUCCIONES ANA SANDRA, S.L. and DREAM OF BEACH NIGHT, S.L. provide information about the company AGATHA RUIZ DE LA PRADA and its services. The information contained in the Website is provided to the User for information purposes only and in no case can it be considered as a binding offer from AGATHA RUIZ DE LA PRADA for the provision of any service.

 

The partial or total use of the Website, including the visualisation of the web pages and any communication established with AGATHA RUIZ DE LA PRADA, the possibility of downloading product information and the purchase of such products through the Website shall be exclusively for personal use. Any other use, copy, transfer or representation of the Website for any other purpose is prohibited.

 

Access to and use of the Website is free of charge for users and does not require prior registration by the user in general. However, access to and use of certain information and services offered through the Website may only be made after the user has registered.

 

AGATHA RUIZ DE LA PRADA reserves the right to restrict, suspend, prohibit or terminate at any time the access and/or use, to all or part of the Website and to all or certain users, without prior notice from PRODUCCIONES ANA SANDRA, S.L. or DREAM OF BEACH NIGHT, S.L. In particular, but without limitation, both companies of AGATHA RUIZ DE LA PRADA may temporarily suspend the services and contents of the Website to carry out maintenance, improvement or repair operations.

 

The User declares to know and accept this fact and, consequently, renounces to claim against PRODUCCIONES ANA SANDRA, S.L. or DREAM OF BEACH NIGHT, S.L. or AGATHA RUIZ DE LA PRADA any damage or harm that may be caused for this reason.

 

Those Users who wish to establish a hyperlink, link or link between their website and the Website (the "Link") must obtain prior authorisation from AGATHA RUIZ DE LA PRADA by submitting a request to the following e-mail address sistemas@agatharuizdelaprada.com.

 

All third party links to this Website must be to its home page. The User shall be liable to AGATHA RUIZ DE LA PRADA, or to third parties, for any damages that may be caused as a result of non-compliance with these obligations.

 

 

 

3. MODIFICATIONS

 

AGATHA RUIZ DE LA PRADA reserves the right to modify, unilaterally, at any time and without prior notice, the present conditions. In such cases, they will be published and notified as far in advance as possible. Likewise, it reserves the right to modify, unilaterally, at any time and without prior notice, the presentation, configuration and location of the Website, as well as the contents of the Website.

 

 

 

Any modification or update of these General Terms and Conditions of Use will be notified on the home page of the Website once it has been made, and will come into force as soon as it is available in this section of the Website.

 

In the event that a modification is made to the Privacy Policy and the Cookies Policy, even if it is made unilaterally in order to comply with the current regulations, the user will be notified in order to inform them of these modifications, so that the user may accept or not accept the new policies.

 

In their own interest, each time they access the AGATHA RUIZ DE LA PRADA portal, we advise the User to check the version of the Terms and Conditions that are published (this version will be identified by the last date of update in the header) and, where appropriate, to read carefully any changes that may have been introduced with respect to the last version known to the User.

 

 

 

4. RESTRICTIONS ON USE

 

When you access our Website, you are expressly authorised to view all public information contained on the site. Consequently, the User undertakes not to make use of any of the information or data, of whatever nature and format, and/or any of the services that may be offered on the Website from time to time (the "Contents") in the following manner:

 

 

1. You are not authorised to reproduce or copy, distribute, modify, transfer or publicly communicate the information contained on the Website, unless you have the authorisation of the owner of the corresponding rights or it is legally permitted.

 

2. You are not authorised to use the information contained on the Website for direct sales purposes or for any other commercial purpose, to send unsolicited messages addressed to a number of people regardless of their purpose, or to market the said information in any way.

 

3. You are not authorised to delete, evade or manipulate the copyright and other data identifying the rights of PRODUCCIONES ANA SANDRA, S.L. or DREAM OF BEACH NIGHT, S.L. or its incorporated owners, as well as the technical protection devices, digital fingerprints or any other protection mechanisms.

 

4.   You are not authorised to apply reverse engineering techniques or to disassemble or invert the databases in which the information on the Website is stored.

 

5.     You are not authorised to carry out "spamming" practices or acts in the use or as a consequence of the use of the Website or the information and services for sales or other commercial purposes, to a number of persons without their prior request or consent, or any other unsolicited or previously consented messages to a number of persons, and not to send chains of unsolicited or previously consented electronic messages, or to use distribution lists that can be accessed through the Website.

 

6.     It may not engage in activities that may be considered illegal, immoral or contrary to public order.

 

7.   You may not use the Content or services included in the Portal to carry out activities that may damage the image of AGATHA RUIZ DE LA PRADA. 

 

 

 

5. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS. OWNERSHIP OF THE CONTENTS.

 

The creations and works offered on the Website (including, but not limited to, texts, photographs, graphics, images, icons, technology, computer programs, web pages, links, sound and audiovisual content, their graphic design and source codes, as well as any trademarks, domain names and other distinctive signs and, in general, any type of work, graphic design, images, icons, technology, computer programs, web pages, links, sound and audiovisual content, their graphic design and source codes, as well as any trademarks, domain names and other distinctive signs and, in general, any type of work, creation or expression - or a combination of these - included in the Portal or used to identify it or to identify parts of it) (hereinafter, the "Protected Elements") are subject to intellectual and/or industrial property rights owned by AGATHA RUIZ DE LA PRADA (PRODUCCIONES ANA SANDRA, S. L. and DREAM OF BEACH NIGHT, S.L.) .

 

All of the Protected Elements included on the Website www.agatharuizdelaprada.com are the exclusive property of AGATHA RUIZ DE LA PRADA. With the exception of the derogations expressly established in the General Terms and Conditions of Use, it is forbidden to reproduce in whole or in part by any means or process, distribute, publish, transmit, modify or sell all or part of the content of the AGATHA RUIZ DE LA PRADA website or to create derivative works from it.

 

AGATHA RUIZ DE LA PRADA has the exclusive rights to exploit the aforementioned intellectual property in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. AGATHA RUIZ DE LA PRADA DOES NOT totally or partially transfer or grant any licence or authorisation whatsoever to the users of the intellectual or industrial property rights or of any other form relating to the Website.

 

Likewise, PRODUCCIONES ANA SANDRA, S.L. and DREAM OF BEACH NIGHT, S.L. guarantee that the contents, including the intellectual property contents, are not of an illicit nature and do not infringe the regulations in force. Therefore, the contents of the Web will not be xenophobic, pornographic, discriminatory, racist or in any way encourage violence. Furthermore, AGATHA RUIZ DE LA PRADA will adopt the legal measures it deems appropriate to prevent any type of conduct contrary to the law or morality.

 

By means of these Terms and Conditions, PRODUCCIONES ANA SANDRA, S.L. and DREAM OF BEACH NIGHT, S.L. only authorise the User to view, download and print the Protected Elements owned by AGATHA RUIZ DE LA PRADA, provided that the User uses them exclusively for personal use, undertaking not to carry out, either directly or indirectly, any commercial exploitation of the same or to use them for any purpose not expressly provided for in these Terms and Conditions.

 

The use by the User of those Protected Elements owned by third parties (including, without limitation, the trademarks or distinctive signs of third parties) shall be subject to those conditions which, where appropriate, said third parties may establish and which the User undertakes to be aware of.

 

Any infringement of the provisions of this section shall be considered an infringement of the intellectual property rights owned by AGATHA RUIZ DE LA PRADA, giving rise to the legal responsibilities established for this purpose, and such actions may be prosecuted by means of the corresponding administrative, civil or criminal actions, as appropriate.

 

 

 

6. LAWFULNESS AND CORRECTNESS OF THE CONTENTS INCLUDED IN THE PORTAL

 

Although PRODUCCIONES ANA SANDRA, S.L. and DREAM OF BEACH NIGHT, S.L. make their best efforts to ensure that the contents of the Website are correct and up to date, AGATHA RUIZ DE LA PRADA does not guarantee and is not responsible for any inaccuracy and/or lack of correction and/or lack of updating of the same.

 

The responsibility of AGATHA RUIZ DE LA PRADA with respect to the content and information offered by Internet sites to which hyperlinks included in the Website direct, as well as those Contents of or originating from third parties that are hosted on the Website, shall be governed by the provisions of articles 16 and 17 of Law 34/2002, on Information Society Services.

 

AGATHA RUIZ DE LA PRADA is not responsible for and does not guarantee that access to the Content and other parts of the Website is legal from outside Spain. Access to the Website from a country other than Spain must be carried out in accordance with the regulations applicable in the territory from which the User accesses the Portal.

 

 

 

 

7. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES

 

With regard to the exclusion of guarantees and responsibilities, the companies PRODUCCIONES ANA SANDRA, S.L. and DREAM OF BEACH NIGHT, S.L. (hereinafter AGATHA RUIZ DE LA PRADA) hereby establishes:

 

1. AGATHA RUIZ DE LA PRADA shall only be liable for its own services and content directly originated by it and identified with its copyright as a trademark or intellectual or industrial property.

 

 

2.    AGATHA RUIZ DE LA PRADA shall not be liable for:

 

I.      Damages of any nature that may be due to the products or services provided or offered by third parties or entities through the Website, and in particular for:

 

a) Failure to comply with the Law, morality and good customs, as well as public order, or the use of the products and/or services offered in a non-diligent or incorrect manner, or for illicit purposes or effects or contrary to the provisions of these general conditions or the applicable conditions that may be applicable.

 

b) Infringement of industrial and intellectual property rights.

 

c) Infringement of professional secrecy.

 

d) Infringement of the rights to honour, personal and family privacy and personal image, and those relating to the protection of children and young people.

 

e) The carrying out of acts of unfair competition.

 

f) The commission of unlawful advertising or acts constituting an offence or of a pornographic nature.

 

g) The unlawfulness or lack of truthfulness, accuracy, reliability, relevance, timeliness and completeness of the content and information transmitted or made available to users, including information and services provided by third parties or users through the Web.

 

h) The non-fulfilment or defective fulfilment or termination for any reason of the contracts made with third parties for the provision of services through the Website.

 

i) The incapacity of any User or the impersonation of a third party by the User.

 

 

 

3.    AGATHA RUIZ DE LA PRADA shall not be liable in the event that the information included on the Website by any User offends others, insults them, damages their right to honour or privacy or harms them in any other way, since, in accordance with the provisions of the Terms and Conditions, users of the Website are obliged not to enter information that may be considered illegal, immoral or contrary to public order.

 

 

4.    AGATHA RUIZ DE LA PRADA shall not be liable for any damages that may arise from the knowledge that unauthorised third parties may have of the type, conditions, characteristics and circumstances of access and use that users make of the Website and of the information and services, as well as the non-fulfilment by users of their obligations in relation to personal data.

 

 

5.    AGATHA RUIZ DE LA PRADA shall not be liable for damages of any nature that may be due to the existence of errors in the access or use of the Website, as well as in the access or use of its services or content, although it undertakes to avoid them, update them or rectify said content. In other words, liability is excluded for the lack of availability or continuity of the functioning of the website and its services, as well as for failures in access to the different web pages or those from which the services are provided.

 

 

6.    AGATHA RUIZ DE LA PRADA shall not be liable for damages of any kind that may be due to the existence of viruses in the computer system, electronic documents or user files. Similarly, for the presence of viruses in the services provided by third parties through the Web, causing alterations in the computer system, electronic documents or user files.

 

 

7.    AGATHA RUIZ DE LA PRADA shall not be liable, under any circumstances, including negligence, for loss of business, loss of use, loss of profits, loss of data, indirect, secondary, special or consequential damages resulting from Users' access to or use of the Website.

 

 

8.    The User exempts AGATHA RUIZ DE LA PRADA from any liability that may arise as a result of non-compliance with the provisions of these General Conditions, in particular the Limitations on the Use of the Website regulated herein.

 

8. APPLICABLE LAW AND JURISDICTION

 

These Terms and Conditions of Use, as well as the provision of the website service, are subject to Spanish law, without prejudice to the application of other mandatory rules in the user's country of residence.

 

To the extent permitted by law, the parties, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid in relation to any claim arising from or related to a visit to the website, without any prejudice to any rights you may have as a consumer purchasing products on our website, in accordance with the applicable legislation and, in particular, EU Regulation no. 1215/2012 on competition and consumer protection. No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, dated 12 December 2012.

 

Likewise, as a consumer, you will be able to make use of the European Union's online dispute platform, which can be accessed via https://ec.europa.eu/consumers/odr.