Legal Notice

LEGAL NOTICE

 

1.- Ownership of the Website

In accordance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, "LSSI"), we inform you that the website www.gemelolandia.com (hereinafter, the "Website" or the "Portal") is operated by Otief Innovacion SL (hereinafter, "OTIEF"), with N.I.F. B72966146, registered in the Madrid Mercantile Registry, in volume 44.785, page 44, sheet M-603691, entry 1, whose registered office is at Calle de la Paloma 35, LOCAL, 28981 PARLA / MADRID, Spain, email: [email protected], phone: +34 918 313 527

 2.- Use of the Portal

This Legal Notice (hereinafter, "Legal Notice"), together with the General Terms and Conditions, establishes the conditions governing the use of information society services that OTIEF makes available to Internet users through the Website. Aspects related to the processing of Users' personal data due to the use of the Website are regulated in the Privacy Policy. You can also find information regarding the use of cookies in the Cookies Policy.

Through the Website, OTIEF provides information about its products and services and offers the possibility to contract them. Due to the content and purpose of the Website, individuals wishing to benefit from its services must adhere to the General Terms and Conditions in the version published at the time they access the Website.

Thus, access and use of the Website imply that the user (hereinafter, the "User") fully accepts and agrees to comply with this Legal Notice, where applicable the General Terms and Conditions, the Privacy Policy, as well as the instructions or recommendations provided through the Website in each specific case.

Access to the Website is free, except for the cost of connection via the telecommunications network provided by the access provider contracted by the User.

We recommend reading it before each access and navigation through the Portal. OTIEF will place these conditions in a visible location, freely accessible for any queries. In any case, acceptance of the conditions is a prior and indispensable step for the acquisition of any product available through the Website.

The User agrees not to use the Website for fraudulent purposes and not to carry out any conduct that could damage the image, interests, and rights of OTIEF or third parties, committing to use the Portal, the services, and the content included therein diligently, correctly, and lawfully. In particular, the User agrees to refrain from: removing, circumventing, or manipulating the "copyright" and other identifying data of the rights holders incorporated in the Portal content, as well as technical protection devices or any information mechanisms that may be included in such content. Likewise, the User agrees not to perform any act that could damage, disable, or overload the Website, or that would in any way prevent its normal use and operation.

As a consequence, the User is solely responsible to OTIEF and third parties for:

-        Any consequences that may arise from the use, for illicit purposes or effects contrary to this document, of any content of the Website, created by OTIEF or any third party.

-        The consequences that may arise from the use contrary to this document and harmful to the interests or rights of third parties, or that may in any way damage, disable, or deteriorate the Portal or its services or prevent normal enjoyment by other Users.

If the User breaches this Legal Notice, or if OTIEF reasonably suspects that it is being breached, OTIEF reserves the right to limit, suspend, or terminate access to the Website, adopting any technical measures necessary for that purpose. Likewise, OTIEF reserves the right to decide, at any time, on the continuity of the services provided through the Portal.

3.- Intellectual and Industrial Property.

Intellectual property rights over the arrangement of the Website contents (including the sui generis right on the database), its graphic design (look & feel), distinctive signs (trademarks and trade names), underlying computer programs (including source codes), as well as the various elements that make up the Portal (texts, graphics, logos, designs, photographs, videos, etc.) belong to OTIEF or it holds, where appropriate, the right to use and exploit them, and in this sense constitute works protected by current intellectual and industrial property legislation.

The use of the Website by the User in no way implies the transfer of any intellectual and/or industrial property rights over the Portal, its contents, and/or OTIEF’s distinctive signs. Accordingly, through this Legal Notice, except where legally permitted, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, and/or reusing the Website, its contents, and/or OTIEF’s distinctive signs, either in whole or in part.

The reproduction of elements or content of the Website for profit or commercial purposes is expressly and strictly prohibited. Likewise, copying, reproducing, adapting, modifying, distributing, commercializing, publicly communicating, and/or any other action that infringes Spanish and/or international intellectual and/or industrial property law, as well as the use of website content without OTIEF’s prior express written authorization, is strictly prohibited.

 

4.- Limitation of Liability

The User acknowledges and agrees that the use of the Website is at all times at their own risk and responsibility, so OTIEF is not responsible for misuse or improper use of the Portal. In this regard, OTIEF will only be responsible for damages the User may suffer from the use of the Website when such damages are due to our willful misconduct.

In particular, but not limited to, OTIEF shall not be responsible for:

-        The content of sites linked through links included within the Website. In this regard, the terms in section 5 of this Legal Notice shall apply.

-        Damages of any kind caused to the User’s computer equipment by viruses, worms, trojans, or any other harmful elements. The User acknowledges that using the Internet entails a risk that their computer equipment may be affected by such elements. Accordingly, the User is responsible for having adequate tools to detect and remove harmful electronic programs.

-        Damages of any kind caused to the User due to failures or disconnections in telecommunications networks that result in suspension, cancellation, or interruption of the Website service during its provision or prior thereto. The User acknowledges that access to the Portal requires services provided by third parties outside OTIEF’s control (e.g., telecommunications network operators, access providers, etc.), whose reliability, quality, continuity, and operation are not OTIEF’s responsibility.

-        The use the User may make of the materials on this Website, whether prohibited or permitted, in violation of intellectual and/or industrial property rights of the Website content or third parties.

-        Acts or omissions of third parties, regardless of whether such third parties are contractually linked to OTIEF.

-        Access by minors to the content included on the website, with responsibility falling on their parents or legal guardians to exercise adequate control over the activity of children or minors in their care, or to install tools for controlling Internet use to prevent (i) access to materials or content unsuitable for minors, as well as (ii) sending personal data without prior parental or guardian consent.

-        Communications or dialogues in debates, forums, chats, and virtual communities that may be organized through the Website, nor will it be responsible for potential damages suffered by the User or third parties as a result of such communications and/or dialogues.

In no case shall OTIEF be responsible for:

-        Errors or delays in accessing the Website by the User when entering their data in the order form, slowness or impossibility of receipt by the order confirmation recipients, or any anomaly arising when these incidents are due to telecommunications network problems, force majeure, or any other unforeseen contingency beyond OTIEF’s good faith.

-        Errors or damages caused to the Website by inefficient or bad-faith use of the service by the User.

-        Inoperability or problems with the email address provided by the User for sending the order confirmation.

In any case, OTIEF commits to resolving any problems that may arise and to providing all necessary support to the User to reach a quick and satisfactory solution to the incident.

5.- Links to Other Internet Sites

The Website includes technical link devices that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, OTIEF acts as an intermediary service provider in accordance with Article 17 of the LSSI, and will only be responsible for the content and services provided on Linked Sites to the extent it has actual knowledge of illegality and has not disabled the link with due diligence. If the User believes a Linked Site contains illegal or inappropriate content, please notify OTIEF at [email protected]. In no case does this notification entail the obligation to remove the corresponding link.

The existence of Linked Sites does not imply that OTIEF has actual knowledge of the services and content on them in case of illegality, nor that it necessarily maintains agreements with the responsible parties or owners of the Linked Sites. It also does not imply OTIEF’s recommendation, promotion, identification, or endorsement of the statements, content, or services provided through Linked Sites. Therefore, OTIEF is not responsible for the content of Linked Sites, their terms of use, or privacy policies, with the User solely responsible for checking and accepting them each time they access and use them.

The User and, in general, any individual or legal entity intending to establish a link from their page or site to the Portal must obtain prior written authorization from OTIEF. Establishing such a link does not imply any relationship between OTIEF and the owner or holder of the site or page where the link is made, nor OTIEF’s acceptance or approval of its contents or services.

Establishing any link from a page or site outside any of OTIEF’s Portal pages shall be subject to the following conditions:

-        Reproduction, in whole or in part, of any services contained on the Website is not allowed.

-        No false, inaccurate, or incorrect statements about the Website pages and their services will be included.

-        Under no circumstances shall OTIEF be responsible for the content, information, statements, opinions, or services made available to the public on the page from which a link to the Website is established.

-        Any link will be made to the main page of the Website.

In any case, OTIEF reserves the right to prohibit or disable links to the Website at any time, especially in cases of illegal activity or content on the page or site where the link is included.

6.- General Provisions

The use of the Website is governed and interpreted according to Spanish law; any conflict or dispute arising between the User and OTIEF will be handled by the competent courts in accordance with applicable law.

If any provision of this Legal Notice is declared null and void, in whole or in part, it will be removed or replaced. In any case, such a declaration of nullity will not affect the validity of the remaining provisions of this Legal Notice.

7. Online Dispute Resolution pursuant to Art. 14.1 of Regulation (EU) 524/2013

The European Commission provides an online dispute resolution platform, which is available at the following link: Legal Framework Art. 97.1 c) LGDCU