By this notice, SHOE REPUBLIC S.L. (hereinafter SHOE REPUBLIC), with Tax Identification Number B-54734264, with registered address at c/Ciudadela, 23 - 1º Dcha. Polígono Carrús - 03206 Elche (Alicante) Elche (Alicante) Elche (Alicante), Spain, owner of the website www.cayetanogimenez.es, regulates the use of the Internet portal service www.cayetanogimenez.es which is made available to Internet users. The use of the portal and the reading of the general conditions subsequently exposed, supposes for the user its full and express acceptance, assuming, its full responsibility for the total or partial non-fulfilment of the provisions of the general and particular clauses that are exposed and of the legal and/or judicial actions that can be derived as a consequence of this infraction.
For this reason, the user must read each and every one of the provisions herein, as well as the successive modifications that may be made to both the general conditions of use and the specific and particular conditions that may be added, which shall be applicable to him/her and which the user may contemplate through access to the portal.
SHOE REPUBLIC, on the other hand, undertakes to inform users, by means of notifications or in the news section, of any modifications, changes or inclusion of new clauses that may be incorporated in the section on "conditions of use and responsibilities".
Consequently, SHOE REPUBLIC, reserves the right to modify these general conditions of use in order to adapt them to the current legislation applicable at any given time, new case law and usual market practices. The present general conditions of use do not exclude the possibility that certain services of the portal, due to their particular characteristics, may also be subject to special conditions of use, which, in any case, may be consulted by the user prior to their activation.
SERVICES AND ACTIVITIES
SHOE REPUBLIC, THROUGH ITS PORTAL , OFFERS THROUGH ITS WEBSITE THE CONTENTS, SERVICES, FEATURES AND ACTIVITIES OF A FOOTWEAR COMPANY. SHOE REPUBLIC MAY, DEPENDING ON THE DEVELOPMENT AND EVOLUTION OF THE COMPANY AND THE SECTOR, EXTEND ITS PORTAL TO NEW PRODUCTS, SERVICES, ACTIVITIES OR CONTENTS, IN ORDER TO IMPROVE THE SERVICES AND QUALITY OF THE SERVICE PROVIDED. IN RETURN, SHOE REPUBLIC ALSO RESERVES THE RIGHT TO CANCEL, MODIFY, SUBSTITUTE OR RESTRICT THE CONTENTS, SERVICES OR ACTIVITIES, EXPRESSLY AND WITHOUT PRIOR NOTICE TO USERS.
CONDITIONS OF ACCESS AND USE OF THE PORTAL. ACCEPTANCE AND RESPONSIBILITY OF THE USER.
- 1. Condition, quality and concept of user: By user, we mean any individual or legal entity that accesses the portal www.cayetanogimenez.es, to contemplate, view, investigate, search or consult its content or to locate, acquire or buy any product of interest. In order to access the portal as a consultation, search or visualization, it will not be necessary to register previously, expressly and accepted as a registered user of the portal or to communicate your data. However, the use of certain services or the purchase of certain goods may be subject to prior registration. Only your registration and the communication of personal data will be necessary, at the same time that you wish to contact the company in relation to any consultation related to the services offered by SHOE REPUBLIC on its website.
In these cases, it will be necessary to formally register the user, to whom a code and a password will be assigned, which will be used for future queries or actions. In these cases, it will be necessary and fundamental for the user to freely, expressly and voluntarily provide, communicate and authorise his or her personal data for processing.
- 2. Free of charge Services: In general, access to the portal is free of charge. However, the acquisition of any service displayed and offered on the portal will be subject to a financial consideration for the corresponding value of the object and its commissions, in the form and terms determined in the particular conditions of the service.
- 3. Use of the Portal: The User acknowledges and accepts that the use of the contents and/or services offered by the Portal shall be at his/her sole risk and/or responsibility. The User undertakes to use the portal and the services in accordance with the law, the general conditions, the specific conditions of certain services and other notices, regulations for use and instructions brought to his/her knowledge, as well as generally accepted morals and good customs and public order. Likewise, the user undertakes to make appropriate use of the services and/or contents of the portal and not to use them to carry out illicit or criminal activities that violate the rights of third parties and/or that infringe the regulations on industrial and intellectual property, or any other applicable legal regulations. The user undertakes not to introduce or spread on the portal, viruses or harmful systems that could cause damage to the computer systems of SHOE REPUBLIC, its third-party suppliers or third-party users, or to introduce hyperlinks that allow access to the portal's web pages and services without due consent. The user undertakes and undertakes not to take any action that may be detrimental to the credit of SHOE REPUBLIC or third parties.
- 4. Truthfulness of the information: The information provided by the user must at all times be truthful, and the user shall be liable for any false, vague and inaccurate statements, data, contents, information and details. In the case of the delivery of personal data in compliance with the data collection questionnaires or for registration as a user, this information must be accurate and consistent. The user undertakes and undertakes to communicate any future changes or modifications to his/her personal data, adapting them accordingly to his/her real situation. The inaccuracy of the information exempts SHOE REPUBLIC from any responsibility for the lack of information of the user in relation to the services and activities, provided that SHOE REPUBLIC has acted with due diligence in its communications. In any case, the user will be solely responsible for any false or inaccurate statements made and for any damage caused to SHOE REPUBLIC or third parties by the information provided.
- 5. Acceptance by the user: By the mere use of the portal and the reading of the general conditions, and in his case of the particular ones, the user commits himself to accept without reservations all the conditions, assuming his responsibility as a consequence of an inappropriate, irresponsible, negligent, guilty or fraudulent use of the portal and its contents, and, assuming the consequences and responsibilities in front of any legal or judicial action that is interposed as a result of his actions.
RESPONSIBILITY FOR THE OPERATION AND CONTENT OF THE PORTAL
- 1. Correct functioning and continuous availability: SHOE REPUBLIC will not be responsible for failures in the operation of the portal, nor for interruptions, delays, slowness, losses or disconnections in communications and in the transmission of messages. SHOE REPUBLIC, does not guarantee and is not responsible for the continuous, constant and uninterrupted operation of the portal.
- 2. Liability for damages to the user: SHOE REPUBLIC will not be liable, either indirectly or subsidiarily, for damages of any kind caused to the user as a result of the presence of viruses or other elements in the contents and services provided by third parties that may cause alterations in the user's computer system. Nor will it be liable for any damages caused to the user by faults or errors in access, connections, transmissions, interruption of the service without just cause, intrusions, computer viruses, mass advertising or when the aforementioned causes are due to situations outside the portal such as defects in the user's computer, connection deficiency, internal viruses in the user's computer, slowness and problems in the user's communications with telephone operators, or when they are due to force majeure.
- 3. Responsibility for the contents: SHOE REPUBLIC does not guarantee the quality, accuracy or reliability of the data, programs, information or opinions, whatever their origin, that circulate on the portal. The user assumes sole responsibility for any consequences, damages or actions that may arise from access to such content.
- 4. Liability for third parties: SHOE REPUBLIC will also not be liable as a consequence of the acts performed by third parties outside the system, which, in breach of security measures, carry out acts against users such as sending computer viruses, mass advertising or spam, commercial mail, interruption of service and access to messages. SHOE REPUBLIC undertakes and guarantees to have adopted all the technical, organisational and legal measures for the security of communications, both in terms of secure connections and in terms of the protection of personal data.
What SHOE REPUBLIC cannot ensure or guarantee, and thus disclaims any responsibility, is the total invulnerability of its security system or the inviolability of communications. The exoneration of responsibility will prevail, as long as SHOE REPUBLIC proves that it was unaware of these computer viruses or actions by third parties, or even knowing them, acted with due diligence to remove data, prevent access, remove viruses in computer files or having reported this situation to the competent authorities. SHOE REPUBLIC will also not be liable for damages that may occur due to force majeure, fortuitous or not attributable to the company. Nor is it responsible for the inappropriate operation of the portal for reasons beyond its control, such as, but not limited to, malfunctioning of the telephone operators, poor configuration of the user's computer or insufficient capacity of the user's computer system to support the content and extent of the information displayed on the portal. However, SHOE REPUBLIC undertakes to use its best efforts to solve technical problems, correct them or help the user to solve them.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The contents, elements and information that the user can access through the Portal are subject to and protected by the rules of Industrial and Intellectual Property, including trademarks, trade names, legends, graphics, logos, patents, copyright which belong exclusively to SHOE REPUBLIC, and are protected by national, Community and international legislation on industrial property. The user undertakes not to remove, modify, plagiarize or alter any distinctive sign, trademark, trade name, legend, graphic or logo. The user accepts that access to the portal and its contents does not grant him/her any right whatsoever to its ownership, nor to its alteration or modification, nor to its exploitation, misappropriation, commercialisation, nor to carry out any act of denigration, confusion, exploitation of reputation, or any act of unfair competition that infringes the industrial property rights of SHOE REPUBLIC.
In relation to the contents, designs, drawings and illustrations of the portal, belong exclusively to SHOE REPUBLIC, and are protected by applicable national and international legislation.
The user acknowledges that the intellectual property rights of SHOE REPUBLIC are protected by the regulations established for Intellectual Property. The user acknowledges that none of the rights set forth herein are assigned to him and undertakes not to exploit, reproduce, publicly communicate, distribute or decompile them.
Any action contrary to these rights shall be the responsibility of the user, who shall be solely liable to third parties and shall be liable for any legal or judicial action initiated for non-compliance. In this way, the user undertakes to use this information exclusively for his/her own needs, for consultation or assistance and not to carry out, directly or indirectly, any commercial exploitation of the services, products, content or any other action that affects the industrial or intellectual property rights of the owner or owners.
The user also undertakes not to suggest or incite third parties or competitors of SHOE REPUBLIC, to carry out actions prohibited by law or acts of unfair competition that prevent the positioning of the company, that generate confusion, association, produce a discredit in the image, brand or trade name, contempt or comparative acts in order to hinder the implementation, development and proper evolution of SHOE REPUBLIC in trade.
Nor will it use the distinctive signs to carry out commercial or sale actions without authorization, for its own benefit or that of others. The user shall refrain from carrying out acts that are contrary to morality, public order or good customs, as well as acts that violate the dignity, honour, image, personal or family privacy, or that are unlawful or that violate morality and good customs. The responsibility for prohibited or illegal actions will be exclusively the user's, who undertakes to indemnify SHOE REPUBLIC against any legal or extrajudicial action taken as a result of its actions. The user undertakes and is responsible for carrying out its compliance and to extend them to all those persons authorized by the user to make use of their restricted access to the portal.
CONFIDENTIALITY AND DATA PROTECTION
MODIFICATIONS, SUSPENSION OF SERVICE
- 1.Modifications: SHOE REPUBLIC reserves the right to make any changes it deems appropriate at any time in the portal, organizing, deleting or adding content, data, services or products. Such modifications shall be made unilaterally and without prior notice. In relation to the general and specific conditions, SHOE REPUBLIC reserves the right to modify, alter and/or draft new clauses in accordance with the new activities to which it is extending or to adapt to new regulations and legislation as they arise. Such modifications will only be obligatory as of their entry into force and will be applicable to the user at the same time as accessing the portal.
- 2. Suspension of the service: SHOE REPUBLIC reserves the right to unilaterally suspend the service without prior notice, or to deny access to the portal, temporarily or indefinitely, to any user who fails to comply with these general or specific conditions, or who engages in illegal, illegal or unlawful acts contrary to law, public order and good customs.
DURATION AND TERMINATION AND RESOLUTION
THE PROVISION OF THE SERVICES OF THE PORTAL AND ITS OPERATION IS, IN PRINCIPLE, OF AN INDEFINITE NATURE. HOWEVER, SHOE REPUBLIC MAY TEMPORARILY SUSPEND OR TERMINATE THE SERVICE AT ANY TIME OR FROM TIME TO TIME. HOWEVER, SHOE REPUBLIC UNDERTAKES BY MEANS OF NOTICES TO INFORM USERS OF THE SUSPENSION OR TEMPORARY OR PERMANENT INTERRUPTION. IN THE CASE OF UNILATERAL TERMINATION OF THE SERVICE OR FORCED REMOVAL FROM THE PORTAL, SHOE REPUBLIC WILL INFORM YOU IN ADVANCE OF THE REASONS FOR ITS TERMINATION, AS WELL AS THE REASONS ON WHICH IT BASES ITS DECISION. IN THESE CASES, SHOE REPUBLIC UNDERTAKES TO KEEP THE INFORMATION STORED ON ITS SERVER FOR A PERIOD OF TEN CALENDAR DAYS, AFTER WHICH IT WILL PROCEED TO DELETE THEM, WITHOUT ANY LIABILITY FOR THIS FACT.
NOTIFICATIONS AND PROCEDURES
SHOE REPUBLIC MAY SEND THE CUSTOMER COMMUNICATIONS BY POST TO THE USER'S ADDRESS, E-MAIL, TELEPHONE CALLS OR ANY OTHER PUBLIC MEANS OF DISSEMINATION, PROVIDED THAT THIS INFORMATION HAS BEEN DULY BROUGHT TO THE ATTENTION OF SHOE REPUBLIC. IN THIS SENSE, ALL NOTIFICATIONS MADE BY SHOE REPUBLIC TO THE USER WILL BE CONSIDERED VALIDLY MADE, IF THEY HAVE BEEN MADE USING THE DATA AND MEANS INDICATED ABOVE. TO THIS END, THE USER DECLARES THAT ALL THE INFORMATION PROVIDED IS TRUE, EXACT, CORRECT AND TRUTHFUL, AND UNDERTAKES TO INFORM SHOE REPUBLIC OF ALL CHANGES, NOVELTIES AND FUTURE MODIFICATIONS RELATING TO THE NOTIFICATION DATA. ALL NOTIFICATIONS AND COMMUNICATIONS MADE TO SHOE REPUBLIC BY THE USER SHALL BE DEEMED EFFECTIVE FOR ALL PURPOSES WHEN ADDRESSED TO SHOE REPUBLIC IN ANY OF THE FOLLOWING WAYS:
- 1. Sending by post to the following address: c/Ciudadela, 23 - 1º Dcha Polígono Carrús - 03206 Elche (Alicante) Elche (Alicante), Spain
- 2. Communication by means of a telephone call to the telephone number: 965 430 139
- 3. Sending by e-mail to the following address: firstname.lastname@example.org
LEGISLATION AND JURISDICTION
All matters relating to the Portal are governed in each and every one of their aspects by Spanish Laws and are subject to the jurisdiction of the competent Courts and Tribunals of Spanish territory. The parties expressly renounce their own jurisdiction and accept Spanish law as the governing legislation of this contract in the event of a dispute concerning the interpretation or execution of these clauses, and submit themselves to the Courts and Tribunals of Alicante for the resolution of any disputes that may arise from it. c/Ciudadela, 23 - 1º Dcha Polígono Carrús - 03206 Elche (Alicante), Spain Tel. 965 430 139