Aviso Legal

LEGAL NOTICE AND CONDITIONS OF USE

The access, navigation and use of the website  https://perdine.com / (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of these Conditions of Use, having the same validity and effectiveness as any contract entered into in writing and signed.

Its observance and compliance shall be enforceable against any person accessing, browsing or using the Website. If you do not agree with the above terms, do not access, browse or use the Website.

1. IDENTIFICATION

• Holder: PERDINE S.A.
• Registered office: C/ Zorrilla 11, 1ºdcha. 28014 Madrid
• CIF: A28859262
• Public Registry: Registro Mercantil 10 de noviembre 1983 volume 87 general, 79 of section 3 of the Libro de Sociedades, folio 79, sheet nº61114-2 inscription 1ª.
• Telephone: +34 617 28 86 96
• E-mail: info@privado.perdine.com

 

2. OBJECT

The present Conditions of Use regulate the access, navigation and use of the present Web Site, without prejudice to the fact that the provider reserves the right to modify its presentation, configuration and content, as well as the conditions required for its access and/or use. Access to and use of the contents of the Website after the entry into force of its modifications or changes implies acceptance thereof.

However, access to certain contents and the use of certain services may be subject to certain specific conditions, which will in any case be clearly shown and must be expressly accepted by users. These particular conditions may replace, complete or, where appropriate, modify these Conditions of Use.

The provider reserves the right to modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way as these Terms of Use or through any communication addressed to users.

Similarly, we inform users about their rights and obligations in relation to the content displayed through the Website, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.

For the purposes of interpreting these Terms of Use, we understand that a person becomes a user the moment they accept the Terms of Use and Privacy Policy posted on the Website, by merely visiting it.

3. ACCESS AND REGISTRATION

Access to the contents of the Website is completely free of charge, without prejudice to the fact that there may be particular sections or services that require the payment of a financial sum for their use and enjoyment, of which in any case the user will be duly informed and must expressly accept in order to be able to enjoy them.

In the event of not having a user name and password for access to the Web Site, the user must register from the following link: https://privado.perdine.com/en/my-account/

where you must enter all your real and true data, as it will be the only way we will be able to process possible orders that are made in the future, as well as properly manage the business relationship with the user.

Access to the Website by minors is prohibited. However, in the case of access to the Website and registration by a minor, it will be presumed that access has been made with prior and express authorization from their parents, guardians or legal representatives, without prejudice to the fact that the provider reserves the right to carry out as many verifications as it deems appropriate.

Access to and browsing of the Website do not require registration, although in order to make any purchase or to receive advertising, information and periodic offers of our promotional campaigns and our products, it will be necessary to fill in the web forms provided for this purpose. Registration on the Website is, unless otherwise indicated, free of charge.

Under no circumstances will the provider be responsible for the veracity of the registration data provided by users, so each of these will be solely responsible for the possible consequences, errors and failures that could result from the lack of quality of data.

3.1 REQUIREMENTS TO REGISTER AS A USER

It is a prerequisite to register as a user to be over eighteen (18) years and provide all the data required and catalogued as mandatory.

Similarly, the registered user assumes that the user account is personal and non-transferable, being able to register on the Website both individuals and legal persons, whether corporations or other entities.

The password, personal and non-transferable, must be generated by the user according to the rules of robustness and complexity that are established at all times by the provider. The password created by the user will be valid for an unlimited period of time.

If the user selects a password that does not meet the minimum requirements according to the password policy approved and in force in the provider, the user will be warned of this breach and the conditions that must meet such password for an effective validity of the interested party in the registration of users of the provider.

Nevertheless, the provider has the necessary functionalities so that the user, by notifying the provider beforehand, can change their password when they considers it appropriate, for example, because they suspect or have evidence that the confidentiality of the password has been broken.

The password shall be personal and non-transferable. The user undertakes to make diligent use of their password and to keep it secret, not transmitting it to any third party or to the provider. Consequently, users are responsible for the proper custody and confidentiality of any identifiers and / or passwords they have selected as registered users of the provide, and agree not to transfer its use to third parties, either temporarily or permanently, or allow access to others. The user shall be responsible for the unlawful use of the Website by any illegitimate third party who uses a password for this purpose due to inappropriate use or loss of the same by the User.

By virtue of the foregoing, it is the user’s obligation to immediately notify the provider of any fact that allows the improper use of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to its immediate cancellation. As long as such facts are not communicated, the provider will be exempted from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

Finally, the provider informs you that the proper completion of a purchase will require certain data oriented to the processing of the same, such as the address of the buyer, actual data, contact telephone number, and means of payment.

3.2 CANCELLATION AS A REGISTERED USER

Users may, at any time, request to be removed from the Web Site, simply by writing to www.privado.perdine.com, indicating their user name and the specific service they wish to unsubscribe from.

In any case, once the cancellation has been made, the user may request a new registration, unless the provider exercises their right not to admit such registration in the specific cases specified in the clause called “Rules of Use of the Web Site” or in case of conflict or controversy between the parties, which is to be resolved or which has ended with recognition of fault or negligence of the user and / or damage to the provider, its partners and associates or their users, customers or potential customers.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The provider is the owner or, as the case may be, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all content offered on it, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and services available through it.

In no case shall it be understood that access, navigation and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through it implies a waiver, transfer, license or total or partial assignment of such rights by the provider. 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 these Conditions of Use.

References to registered trademarks or trade names, or other distinctive signs, whether owned by the provider or third parties, carry an implicit prohibition on their use without the consent of the provider or its legitimate owners. At no time, unless expressly stated otherwise, access, browsing or use of the Website and / or its contents gives the user any rights over distinctive signs included therein.

All intellectual and industrial property rights over the contents and/or services of the Web Site 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 Web Site, for public or commercial purposes, without the prior, express written authorization of the provider or, as the case may be, of the holder of the corresponding rights.

Likewise, it is forbidden to remove or manipulate the indications of copyright or other credits that identify the owners of the rights of the contents that the user finds on the Web Site, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Web Site.

In the event that the user sends information of any kind to the provider through any of the channels provided for the purpose, the user declares, guarantees and accepts that they have the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.

The user acknowledges assuming responsibility, holding the provider harmless for any communication provided personally or on their behalf, reaching such responsibility without restriction whatsoever in terms of accuracy, legality, originality and ownership thereof.

Should the user become aware of the existence of any illegal or illegal content, contrary to the law or which may involve an infringement of intellectual and/or industrial property rights, he or she must immediately notify the provider via the e-mail address www.privado.perdine.com so that the latter may proceed to adopt the appropriate measures.

Similarly, in the event that any user or third party considers that any of the contents of the Website owned by the provider violates their intellectual property rights and / or industrial and any other rights, they should send a communication to www.privado.perdine.com with the following information:

– Identifying data and means of contact of the claimant or their legal representative.

– Documentation that accredits their condition of holder of the rights supposedly infringed.

– Detailed description of the rights allegedly infringed by the provider, as well as their exact location within the Website.

– Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.

5. LINKS

5.1 LINKS TO OTHER WEBSITES

In the event that the Web Site shows links to other web pages through different buttons, links, banners or embedded content, the provider informs that these are directly managed by third parties, the provider not having either human or technical means 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 Web Site.

Consequently, the provider will not assume any liability for any aspect relating to the platform or website to which a link could be established from the Website, specifically, 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 contents in general.

In this sense, if users have effective knowledge that the activities developed through these third-party websites are illegal or contravene morality and / or public order, they must immediately inform the provider in order to proceed to disable the link access to them, an action to be carried out in the shortest time possible.

In any case, the establishment of any type of link from the Website to another website does not imply that there is any relationship, collaboration or dependence between the provider and the person responsible for that other website.

5.2 LINKS TO THE PROVIDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS

The provider makes available to users, through different tools and applications, a means of linking that allows users to access the channels and pages of the Web Site that the provider maintains on different platforms and social networks owned and / or managed by third parties (e.g. Facebook, Twitter, Pinterest, Google +, etc.). The inclusion of these links on the Website has the sole purpose of making it easier for users to access these channels on the different platforms.

The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of their content and / or services, being its owner, manufacturer or distributor the only responsible for them.

In no case does the provider share with Facebook, Twitter or any other social network that is incorporated in the future any kind of private information about its users, its sole purpose being that which is established in these Terms of Use and the Privacy Policy of the Website. In this sense, all the information that the user him or herself wishes to provide to these platforms will be under his or her own responsibility, and the provider will not intervene in this process.

The activation and use of these applications may entail the identification and authentication of the user (login/password) in the corresponding platforms, completely external to the Website and beyond the control of the provider. By accessing such external networks, the user enters an environment not controlled by the provider, so the provider will not assume any responsibility for the security configuration of such environments.

Given that the provider has no control over the content hosted in these channels, the user acknowledges and accepts that the provider assumes no responsibility for the content or services that the user may access on these pages, or for any content, products, services, advertising, or any other material available on them. For this reason, the user must exercise extreme caution in the evaluation and use of the information, contents and services existing in the linked channels, and about the information of him or herself or of third parties that he or she wishes to share in said channels.

5.3 LINKS ON OTHER WEB PAGES TO THE WEBSITE

The provider does not authorize the establishment of a link to the Website from those pages that contain illegal, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or generally accepted social norms.

In any case, users may establish links on their respective web pages that lead to the Web Site, provided that they comply with the following conditions: a) the link may not reproduce the contents of the Web Site or parts thereof in any way; b) it is not permitted to create a browser or a border environment on the sections of the Web Site, nor may the Web Site be modified in any other way; c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Web Site and/or, in particular, to state or imply that the provider has authorized the link or has supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established; d) the web page in which the link to the Web Site is established shall not contain information or contents that are unlawful, contrary to morality and generally accepted good customs and public order, nor shall it contain contents that are contrary to any third party rights, including intellectual and industrial property rights and/or the right to honor, to personal or family privacy or to one’s own image or any other right, or contents that are contrary to the regulations governing the protection of personal data.

The provider has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Website. The provider assumes no responsibility for any aspect relating to the website that establishes that link to the Web Site, specifically, 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.

6. RULES OF USE OF THE WEBSITE

It is not permitted 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 economic purpose. In particular, and without the list below being of an exhaustive nature, the following is prohibited:

1. Using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;
2. Using the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
3. Using the Website to collect personal data from other users;
4. Using the Website illegally, against good faith, morals and public order;
5. Registering through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;
6. Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to any server of the provider, or to the services offered through the Website, by means of piracy or forgery, password extraction or any other illegitimate means;
7. Breaking, or attempting to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the contents offered on the Website;
8. Carrying out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the provider, as well as in the systems and networks connected to the Website;
9. Preventing the normal running of an event, contest, promotion or any other activity available through the Website or any of its functionalities, whether altering or attempting to alter, illegally or otherwise, the access, participation or operation of those, or falsifying the result thereof and / or using fraudulent participation methods, through any procedure, and / or through any practice that attempts or violates in any way these Terms of Use.

The breach of any of the foregoing obligations by the user may entail the adoption by the provider of appropriate measures protected by law and in the exercise of their rights or obligations, leading to the removal or blocking of the account of the user offender, without any possibility of compensation for damages caused.

Similarly, the Website has areas through which users can participate, publish their own content and / or share content, own or published by the provider. These areas may be owned by the provider and therefore dependent and controlled by it, or outside the provider, being independent social networks and outside our organization, for which we cannot take responsibility, nor the proper functioning, nor the conditions and policies provided by their managers, being the user him or herself who must consent and assume at all times the treatment that is made of the information published on such platforms.

In any case, we inform you that when the user participates in any of these areas, the rest of the users of the Website may access and use all the contents published by the user. The provider cannot control what use other people will make of these contents and, therefore, the provider is not responsible for this. The provider recommends that you do not publish personal data or materials protected by intellectual property rights and industrial or any other rights.

In order for the Website to be a safe environment, and to protect our users, it is strictly forbidden to publish content:

1. That may be considered as a violation in any way of fundamental rights to honor, personal and family privacy or the image of others and especially of minors;
2. That include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
3. That violate the secrecy of communications or involve an infringement of intellectual property rights and industrial or regulatory standards for the protection of personal data;
4. That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
5. Containing “spam” and/or links to sites unrelated to the corresponding space;
6. That include advertising or commercial communications, for the emission of messages with advertising purpose or for the capture of data with the same purpose.

The user who fails to comply with these prohibitions will be liable for any claim that occurs as a result. Although there is no claim from a third party, the provider reserves the right to prevent access to the Web Site or the possibility of participating in the spaces provided therein to users who do not comply with these conditions.

The provider does not control the content published by users on the Website and assumes no responsibility for these contents. However, the provider reserves the right to supervise and/or moderate any content published by users and, in the event that it violates these Terms of Use or Perdine’s Privacy Policy, to edit or remove it. Likewise, if you find any information or content on the Web Site that may be inappropriate, contrary to current legislation, or contrary to the conditions set forth on the Web Site, please inform the provider immediately through the different means available for this purpose.

7. RESPONSIBILITIES AND GUARANTEES

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

Consequently, the provider does not guarantee and is not responsible for: (i) the continuity of the contents of the Web Site; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Web Site or in the server that supplies it; (iv) the invulnerability of the Web Site and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Web Site; and (vi) the damages caused to itself or to a third party by any person who infringes the conditions, rules and instructions that the provider establishes on the Web Site or through the violation of the security systems of the Web Site.

Nevertheless, the provider declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the operation of the Website and minimize system errors, both from the technical point of view and the content published on the Website.

The provider does not guarantee the legality, reliability and usefulness of content provided by third parties through the Website. If the user had knowledge of the existence of any illegal content, illegal, contrary to law or that could involve an infringement of rights of third parties, must immediately notify the provider so that it can proceed to the adoption of appropriate measures.

The provider will not be responsible for the truthfulness, integrity or updating of the information published on the Website from sources outside the same, nor those contained in other platforms to which it links from the Website. The provider shall not be liable for any hypothetical damages that may arise from the use of such information.

In any case, the provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and / or download content and / or use of services of the Website, with or without prior notice, to users who violate any of the provisions detailed in these Terms of Use, without the possibility of the user to claim any compensation for this cause.

8. SUSPENSION OF THE WEBSITE

The provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and / or download content and / or use of services of the Website, with or without prior notice, to users who violate any of the provisions detailed in these Terms of Use, without the possibility of the user to demand compensation for this cause.

9. GENERAL

The headings of the various clauses are for information purposes only and shall not affect, qualify or extend the interpretation of these Terms of Use. Likewise, the provider may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same form in which these Conditions of Use appear or through any type of communication addressed to users.

The temporary validity of the present Conditions of Use coincides, therefore, with the time of their issue, until they are totally or partially modified, at which time the modified Conditions of Use will come into force.

Irrespective of the provisions of the particular conditions that may be established, the provider may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, with no possibility for the user to claim any compensation. After such termination, the prohibitions on the use of the contents set forth above in these Conditions of Use shall remain in force.

Also, if the user violates these Terms of Use, the provider may suspend or cancel the user’s profile automatically and without notice, and in no case would such suspension or cancellation give the user any right to compensation. To these effects, the provider informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any breach of current legislation or if it has suspicion of the commission of any crime.

The contracting of any product and/or payment service offered by the provider will be regulated by the general and/or specific conditions of each specific service provided for this purpose.

In the event of any discrepancy between the provisions of these Terms of Use and the particular conditions of each specific service of the Website, the provisions of the latter shall prevail.

In the event that any provision of these Terms of Use is declared null or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of these Terms of Use.

Failure by the provider to exercise or enforce any right or provision contained in these Terms of Use shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by the provider.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

Provided that the regulations in force to this effect provide the possibility for the parties to submit to a particular jurisdiction, for any dispute arising out of or related to this Website will apply Spanish law in force at the time of litigation, and we will submit to the Courts and Tribunals of Madrid (unless submission to different jurisdiction by legal imperative to the contrary), as well as, where appropriate, to the Arbitration Courts of consumer or similar to those we are adhered to at the time of the controversy.

In order to present claims referring to the use of our services, you can contact us by mail at the electronic or physical address indicated in the section “Identification”; we are committed to seeking at all times an amicable solution to any conflict.

Last update: 22/07/2019.