Terms of Service
OBJECT
The present General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") govern the use of the website www.colettesantander.com (hereinafter, the Website) that DEVOIR ARTE Y MODA, S.L. (hereinafter "COLETTE SANTANDER") makes available to individuals who access its Website in order to provide them with information about products and services, whether their own or those of third-party collaborators, and to facilitate access to them, as well as the contracting of services and goods through it (all of which is collectively referred to as the "Services").»).
COLETTE SANTANDER, with registered office at Calle Arrabal 12-14 bajo, 39003 Santander (Cantabria), is a Spanish limited liability company that owns this Website, the use of which is governed by this document, with CIF number B39630132 and registered in the Mercantile Registry of Santander. To contact COLETTE SANTANDER, you can use the postal address provided above, as well as the email address colette@colettesantander.com
Due to the very nature of the Website, as well as its content and purpose, the vast majority of the navigation that can be carried out on it must be done while enjoying the status of Client, which is acquired according to the procedures outlined therein. Therefore, the aforementioned status of Client implies adherence to the General Conditions in the version published at the time of accessing the Website. COLETTE SANTANDER reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, COLETTE SANTANDER recommends that the Client read them carefully each time they access the Website..
In any case, there are pages on the Website accessible to the general public, with respect to which COLETTE SANTANDER also wishes to comply with its legal obligations, as well as regulate their use. In this regard, users who access these parts of the Website agree to be bound, by the mere act of accessing the aforementioned pages, by the terms and conditions set out in these General Conditions, to the extent that they may be applicable..
Lastly, due to the inherent nature of this Website, it is possible that modifications or changes may be made to the content of these General Conditions. Therefore, the Client, as well as other users who do not enjoy this status, are obliged to access these General Conditions each time they access the Website, assuming that the applicable conditions in force at the time of their access will apply to them..
ACCESS AND SECURITY
Access to the Services requires prior registration of users, once they accept the General Conditions, becoming considered as Clients .
The Customer identifier will consist of their email address and a password. To access the Customer's own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters..
The use of the password is personal and non-transferable, and the assignment to third parties, even temporarily, is not permitted. In this regard, the Client agrees to use it diligently and to keep it confidential, assuming full responsibility for the consequences of its disclosure to third parties..
In the event that the Client knows or suspects that their password is being used by third parties, they must change it immediately, in the manner outlined on the Website.
RIGHT OF WITHDRAWAL
See section » How to buy»
PROPER USE OF SERVICES
The Client agrees to use the Services diligently, correctly, and lawfully and, in particular, by way of example and not limitation, undertakes to refrain from:
- to use the Services in a manner, for purposes or effects contrary to the law, morality and generally accepted good customs or public order;
- reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorised by the holder of the corresponding rights or unless legally permitted;
- to carry out any act that may be considered a violation of any intellectual or industrial property rights belonging to COLETTE SANTANDER or to third parties;
- to use the Services and, in particular, any kind of information obtained through the Website to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages directed at a plurality of people regardless of their purpose, as well as to market or disclose such information in any way;
The Client shall be liable for any damages and losses of any kind that COLETTE SANTANDER may suffer as a result of or in connection with the breach of any of the obligations previously outlined, as well as any others included in these General Conditions and/or those imposed by law in relation to the use of the Website. .
COLETTE SANTANDER will at all times ensure respect for the current legal framework and will be entitled to interrupt, at its sole discretion, the Service or exclude the Customer from the Website in the event of an alleged commission, whether complete or incomplete, of any of the crimes or offences defined by the current Penal Code, or in the event of observing any conduct that, in the opinion of COLETTE SANTANDER, is contrary to these General Conditions, the General Conditions of Contract that apply to this Website, the Law, the rules established by COLETTE SANTANDER or its collaborators, or that may disrupt the proper functioning, image, credibility and/or prestige of COLETTE SANTANDER or its collaborators..
PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of COLETTE SANTANDER or third parties, whose rights in this regard are legitimately held by COLETTE SANTANDER, and are therefore protected by national and international legislation..
The use of all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration, or decompilation, is strictly prohibited..
The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable in accordance with Articles 270 and following of the Penal Code..
Customers who send observations, opinions, or comments to the Website via email or any other means, in cases where this is possible due to the nature of the Services, are understood to authorise COLETTE SANTANDER to reproduce, distribute, publicly communicate, transform, and exercise any other exploitation rights over such observations, opinions, or comments, for the entire duration of copyright protection as legally provided and without territorial limitation. Furthermore, it is understood that this authorisation is granted free of charge..
The claims that may be made by Customers regarding possible breaches of intellectual or industrial property rights over any of the Services of this Website should be directed to the following email address: colette@colettesantander.com
EXCLUSION OF WARRANTIES AND LIABILITY
Regardless of what is established in the General Terms and Conditions of Contract relating to the procurement of goods set out on this Website, COLETTE SANTANDER is not responsible for the truthfulness, accuracy, and quality of this Website, its services, information, and materials. Such services, information, and materials are presented "as is" and are accessible without any guarantees of any kind..
COLETTE SANTANDER reserves the right to interrupt access to the Website, as well as the provision of any or all Services provided through it at any time and without prior notice, whether for technical, security, control, maintenance reasons, due to power supply failures or for any other justified cause.
Consequently, COLETTE SANTANDER does not guarantee the reliability, availability, or continuity of its Website or Services, and therefore the use of them by the Client is at their own risk, without any liability being able to be claimed from COLETTE SANTANDER in this regard at any time..
COLETTE SANTANDER shall not be liable in the event of interruptions to the Services, delays, errors, malfunctions, and, in general, any other inconveniences arising from causes beyond the control of COLETTE SANTANDER, and/or due to a wilful or negligent act of the Client and/or arising from fortuitous events or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these General Conditions, all events occurring outside the control of COLETTE SANTANDER, such as: failures of third parties, operators or service companies, acts of government, lack of access to third-party networks, acts or omissions of public authorities, those caused by natural phenomena, power outages, etc., and attacks by hackers or third parties specialised in the security or integrity of the computer system, provided that COLETTE SANTANDER has taken reasonable security measures in accordance with the state of the art. In any case, regardless of the cause, COLETTE SANTANDER shall not assume any liability for direct or indirect damages, consequential damages and/or loss of profits..
COLETTE SANTANDER excludes any liability for damages of any kind that may arise from the lack of truthfulness, accuracy, completeness and/or up-to-dateness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website, as well as for the Services provided or offered by third parties or entities. COLETTE SANTANDER will endeavour, as far as possible, to update and rectify any information hosted on its Website that does not meet the minimum guarantees of truthfulness. However, it will be exempt from liability for its failure to update or rectify as well as for the contents and information provided therein. In this regard, COLETTE SANTANDER has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when requested by a competent Judicial or Administrative Authority..
Similarly, COLETTE SANTANDER excludes any liability for damages of any kind that may arise from the presence of viruses or other harmful elements in the content that may cause alterations to computer systems as well as to the documents or systems stored therein.
COLETTE SANTANDER is not responsible for the use that the Client makes of the Services of the Website or their passwords, as well as any other material thereof, infringing the rights of intellectual or industrial property or any other rights of third parties.
The Client agrees to indemnify COLETTE SANTANDER for any damage, loss, penalty, expense (including, without limitation, legal fees) or civil, administrative or any other liability that COLETTE SANTANDER may suffer in relation to the breach or partial or defective compliance by the Client of the provisions set out in these General Conditions or in the applicable legislation, and, in particular, in relation to their obligations regarding the protection of personal data as outlined in these conditions or established in the LOPD and its implementing regulations..
LINKS TO OTHER WEBSITES
COLETTE SANTANDER does not guarantee or assume any responsibility for damages or losses suffered from accessing third-party Services through connections, links or hyperlinks from the linked sites, nor for the accuracy or reliability of the same. The purpose of the links that appear on COLETTE SANTANDER is solely to inform the Client about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal. COLETTE SANTANDER shall not, in any case, be responsible for the results obtained through such links or for the consequences arising from Clients' access to them. These third-party Services are provided by them, so COLETTE SANTANDER cannot control and does not control the legality of the Services or their quality. Consequently, the Client must exercise caution in evaluating and using the information and services available in third-party content..
GOVERNING LAW AND JURISDICTION
For any interpretative or contentious issues that may arise, Spanish legislation shall apply, and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may apply, to the jurisdiction of the Spanish Courts and Tribunals..