TERMS AND CONDITIONS

GENERAL CONDITIONS OF CONTRACT

In accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce, and current regulations on the Protection of Personal Data Law 15/1999 and Royal Decree 1720/2007, we inform you that the ownership of the domain of our Website www.donflamenco.com corresponds to the company Moda Flamenca Serrano Taguas S.L,  hereinafter “(THE COMPANY)”, with C.I.F nº B04884144 and registered office at Av. Espartinas 5, 41110 Sevilla and registered in the Mercantile Registry of Almería, Volume 1921, Folio 103, Sheet AL-48993, 1st Inscription.

  1. Purpose

The purpose of these General Conditions of Contract and Use is to regulate the provision of the information provided in the online store of (the company) as well as the commercial transactions that arise between THE COMPANY and the users of the domain www.modaserranotaguas.com. Both browsing the online store and the acquisition of any of the products offered in it, imply the acceptance as a user, without reservations of any kind, of each and every one of these general conditions of contract and use. THE COMPANY may at any time and without prior notice, modify these general conditions of contracting and use, as well as the particular conditions that, where appropriate, are included, by publishing said modifications in the store so that they can be known by users, and being recorded the date of said modifications. Consequently, it will be the responsibility of every User, the careful reading of these General Conditions of Contract and current use in each of the occasions in which he accesses this Website, so if he does not agree with any of the same provided herein, he must abstain from the use of this Website.

  1. Services

Through the Website, www.modaserranotaguas.com offers Users the possibility of accessing: knowing and placing orders for the products that THE COMPANY makes available, as well as receiving newsletters (hereinafter the “Products and Services”).

  1. Privacy and Data Processing

When for access to certain content or services it is necessary to provide personal data, Users will guarantee their veracity, accuracy, authenticity and validity. THE COMPANY will give said data the corresponding automated treatment depending on its nature or purpose, in the terms indicated in the Data Protection Policy section [LINK].

  1. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents displayed on the Website and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and / or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs,  all property rights

industrial and intellectual, on the contents and / or any other elements inserted in the page, which are the exclusive property of THE COMPANY and / or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such contents, keeping THE COMPANY harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Contract and Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by THE COMPANY or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. THE COMPANY is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or registered by any information retrieval system, in any form or in any medium, unless you have the prior authorization, in writing, of the aforementioned Entity.

It is also forbidden to delete, evade and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights set forth and to avoid any action that could harm them, reserving in any case THE COMPANY the exercise of all means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.

  1. Obligations and Responsibilities of the Website User

The user undertakes, in general, to comply with these Conditions as well as to comply with the special warnings or instructions for use contained therein or on the Website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence and refraining from using the Website in any way that may prevent,  damage or deteriorate the normal functioning of the same, the goods or rights of THE COMPANY, its suppliers, the rest of users or in general of any third party. It is forbidden to access and use the portal to minors without the express consent of parents or guardians.

The User specifically undertakes to:

  1. a) Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at all times; (ii) the General Conditions of Use of the Website; (iii) morality and generally accepted good customs and (iv) public order.
  2. b) Provide truthful information when filling in the forms contained on the Website with their personal data and keeping them updated at all times so that it responds, at all times, to the real situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to THE COMPANY or third parties for the information provided.
  3. c) Provide truthful information about the data requested in the user registration form or order fulfillment, and keep them updated.

Notwithstanding the provisions of the previous section, the User must also refrain from:

  1. a) Make unauthorized or fraudulent use of the Website and / or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer equipment.
  2. b) Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for such access.
  3. c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. d) Introduce or spread computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of THE COMPANY, its suppliers or third parties.
  5. e) Try to access, use and / or manipulate the data of THE COMPANY, third party suppliers and other Users.
  6. f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  7. g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of THE COMPANY or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the contents. h) Obtain or attempt to obtain the contents, using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those that are usually used on the Internet because they do not entail a risk of damage or disablement of the website and / or the contents.
  8. i) In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way is contrary, disparages or violates the fundamental rights and public freedoms recognized constitutionally, in the International Treaties and in the rest of the current legislation.

(ii) Induces, incites or promotes criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.

(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(iv) Incorporates, makes available or allows access to products, elements, messages and / or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.

(vii) It is protected by the legislation on intellectual or industrial protection belonging to THE COMPANY or to third parties without the intended use having been authorized.

(viii) Is contrary to honor, personal and family intimacy or the self-image of people.

(ix) Constitutes any type of advertising.

If, in order to access some of the services and/or contents of the Website, a password is provided, the User undertakes to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its adequate custody and confidentiality, committing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and / or contents by outsiders. Likewise, it undertakes to notify THE COMPANY of any fact that may involve an improper use of your password, such as, by way of example, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as you do not make the above notification, THE COMPANY will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illicit use of the contents and / or services of the Website by any illegitimate third party.

  1. j) Not to carry out advertising or commercial exploitation activities through the Website, and not to use the contents and information thereof to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties.

If in a negligent or intentional manner you fail to comply with any of the obligations established in these General Conditions of Contract and Use, you will be liable for all damages that may arise from such breach for THE COMPANY

  1. Responsibilities

THE COMPANY does not guarantee the continuous access, nor the correct visualization, download or usefulness of the elements and information contained in the pages of THE COMPANY that may be impeded, hindered or interrupted by factors or circumstances that are beyond its control.

THE COMPANY is not responsible for the decisions that may be taken as a result of access to the contents or information offered.

THE COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein are contrary to these General Conditions of Use. THE COMPANY is not responsible for damages, losses, claims or expenses arising from the use of the Website. It will only be responsible for deleting, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that may arise, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of THE COMPANY.

(ii) illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.

(iii) improper or inappropriate abuse of the Website.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The administrators of THE COMPANY reserve the right to withdraw, in whole or in part, any content or information present on the Website.

THE COMPANY excludes any liability for damages of any kind that may be due to the misuse of the services freely available and used by the Users of the Website. Likewise, THE COMPANY is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in case of causing damages for an illicit or incorrect use of said services, the User may be claimed by THE COMPANY for the damages caused.

You will defend, indemnify and hold THE COMPANY harmless against any damages arising from claims, actions or demands of third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify THE COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

  1. Hyperlinks

The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the Website of THE COMPANY, as well as any of its contents, unless expressly authorized in writing by THE COMPANY. The Website of THE COMPANY may include links to other websites managed by third parties, in order to facilitate the User’s access to the information of collaborating and / or sponsoring companies. In accordance with this, THE COMPANY is not responsible for the content of these websites, nor is it in a position of guarantor or / or party offering the services and / or information that may be offered to third parties through the links of third parties.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that link to our Website (i) may not imply that THE COMPANY recommends that website or its services or products; (ii) may not falsify their relationship with THE COMPANY or affirm that THE COMPANY has authorized such a link, or include trademarks, denominations, trade names, logos or other distinctive signs of THE COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the home page; (v) you must link to the address of the Website itself, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its “frames” or create a “browser” on any of the pages of the Website. THE COMPANY may request, at any time, that you remove any link to the Website, after which you must immediately proceed to its elimination. THE COMPANY cannot control the information, content, products or services provided by other websites that have established links to the Website.

Consequently, THE COMPANY does not assume any type of responsibility for any aspect related to such websites.

  1. Placing the order.

To place an order it is necessary to connect to www.modaserranotaguas.com and register as a user, completing the electronic form that at all times appears in the store and following the instructions indicated therein. After registration, and to proceed with the purchase of products, you must add the product you want to purchase to the basket, according to the indications collected on the screen, completing the order form provided for this purpose and validating it.

The prices and offers presented on the Website are valid only and exclusively for online orders made in www.modaserranotaguas.com and may not coincide with the prices and offers in force in other stores of THE COMPANY

The validation of the order by the customer expressly implies the knowledge and acceptance of these general conditions of contract as part of the conclusion of the contract. Unless proven otherwise, the data recorded by THE COMPANY constitute proof of the set of transactions carried out between THE COMPANY and its customers. THE COMPANY will file the electronic document in which the contract is formalized and it will be accessible.

Once the purchase has been made and in the shortest possible time, always before 24 hours have elapsed since the execution of the purchase, the Customer Service of THE COMPANY will send you proof of purchase by e-mail. If you do not agree with the data contained in this confirmation, you can request the modification of the same or the cancellation of the contract.

  1. Data protection

To use some of the Services, Users must previously provide certain personal data. To do this, THE COMPANY will automatically process Personal Data in compliance with Law 15/1999 of December 13 on the Protection of Personal Data and DEVELOPMENT RD 1720/2007. To do this, the User can access the policy followed in the processing of personal data as well as the establishment of the purposes previously established, to the provisions of the conditions defined in the Data Protection Policy [LINK] presented by the Website.

10.- Availability of products

The selection of products offered on www.modaserranotaguas.com is valid as long as the products are visible on the Website, with the stock limits available, except for special orders. In the file of each product it is indicated in which we can send it from our warehouses if it is in stock or if it is an order made to measure. If the merchandise is in stock, the approximate term is 3 to 5 days. To this we must add the delivery times that the transport operators with whom we work may have.

The delivery times indicated are indicative. In any case, the delay in delivery with respect to the indicated deadlines will not entitle the customer to demand any compensation.

11.- Shipping methods and deadlines

The products are sent to the shipping address that you have indicated in the order. We propose different shipping methods to get the order in the most comfortable and appropriate way to your needs.

12.- Payment

THE COMPANY proposes various means of payment so that you can choose the one that best suits you or best suits your needs:

The shipping and / or management costs are not included in the price and will be shown before finalizing your purchase, depending on the shipping address of each order.

  1. Cookies

THE COMPANY reserves the right to use the “cookie” technology on the Website, in order to recognize you as a frequent User and personalize the use you make of the Website by pre-selecting your language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and his computer, and do not provide the user’s personal data.

Cookies are files sent to a browser through a Web server to record the User’s navigation on the Website, when the User allows their reception. In turn, you can delete the “cookies” for which you must consult the instructions for use of your browser.

Thanks to cookies, it is possible for THE COMPANY to recognize the browser of the computer used by the User in order to provide content and offer the browsing or advertising preferences that the User, to the demographic profiles of the Users as well as to measure the visits and traffic parameters, control the progress and number of entries.

  1. Duration and Termination

The provision of the service of this Website and the other services have in principle an indefinite duration. However, THE COMPANY may terminate or suspend any of the services of the portal. When possible, THE COMPANY will announce the termination or suspension of the provision of the determined service.

  1. Right of withdrawal

If you are not satisfied, you can return your purchases made in www.modaserranotaguas.com

The maximum period to request the return is stipulated in 7 working days from the receipt of the order, for which you must contact us through the contact form or the telephone number that appears on the website.

The circumstances that can cause a return are the following:

  1. a) If the product you have ordered does not satisfy you: it can be returned as long as it has not been unsealed and provided that it is in perfect condition, being borne by the customer the shipping cost of returning the product.
  2. b) Defective product of origin: the exchange will always be made for the same article.
  3. c) The right of withdrawal and return will not apply to those products made according to the customer’s specifications or clearly personalized.
  4. Product Warranty

THE COMPANY will make changes or returns provided that:

  1. a) Prior communication is given to our Customer Service.
  2. b) The products keep intact their seal of origin, instructions and any attached manuals.

THE COMPANY will not be responsible in any case of impossibility of providing service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

  1. Dispute Resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. Any dispute will be resolved before the courts of Madrid.

In the event that any stipulation of these General Conditions of Use is unenligible or void under the applicable legislation or as a result of a judicial or administrative decision, such unenligibility or nullity will not make these General Conditions of Use unenexigible or null and void as a whole. In such cases, THE COMPANY will proceed to the modification or replacement of said stipulation by another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.