TITLE 1. “Acceptance of General Website Terms of Use”.

 

1. Identification

Mª Angeles Barbero Maeso (hereinafter Chiqui Barbero), an entity with registered office in Málaga at Pso. Marítimo Pablo Ruiz Picasso, 5. 29016 Málaga, assigned CIF (Spanish Business Tax ID) 45276816-M, and  is the owner of the domain www.chiquibarbero.com (hereinafter the Website) and makes it available to Internet Users in order to offer information on its company and products.

 

2. General Terms of Use and Acceptance of Said Terms.

2.1. These general Website terms of use, along with the general contract terms and/or special terms that may be established regulate the availability of the information as well as the commercial relations that arise between Chiqui Barbero and any individual or legal entity (hereinafter the User(s)). You are considered a User as soon as you browse the Website and/ or use the services made available through it. Browsing as well as using any of the products and services means you agree, as a User, without any reservations of any kind to each and every one of these general terms of use as well as the general contract terms that may govern the acquisition of goods.

 

2.2. Chiqui Barbero may at any time and without prior notification modify these General Terms and/or any special terms that, where appropriate, are included by publishing said modifications on the Website so Users may gain knowledge of them.

 

TITLE 2. “General Website Terms of Use”.

 

These General Terms shall apply to both the information exchanged as well as all of the services offered on the Website and; therefore, said terms shall govern the Website browsing conditions at all times. It is understood that accessing or simply using www.chiquibarbero.com implies you agree to any general terms Chiqui Barbero has published at any given time.

 

1. Personal Data Protection Policy.

 

1.1. In application of the provisions of Spanish Organic Law 15/1999 of 13 December concerning Personal Data Protection, Chiqui Barbero hereby informs Users that all personal or other data the User provides in virtue of the browsing process or his/her commercial relations with Chiqui Barbero shall be incorporated into a file for automatic processing, which is held under the responsibility of Chiqui Barbero with registered address in Pso. Marítimo Pablo Ruiz Picasso, 5. 29016 Málaga, assigned CIF 45276816-M.

 

1.2. The purpose of said file shall be to manage the relations between Chiqui Barbero and the users, obtain information that allows Chiqui Barbero to adjust its sales criteria to User preferences, conduct market prospection, adjust our products to User preferences or needs, and enable customized browsing. In order to do so, studies and segmentation of the personal and commercial information as well as promotional and advertising activities related to the services provided by Chiqui Barbero or third parties may be undertaken using any means of advertising and information which, in the judgement of Chiqui Barbero, may be of interest to the Users, including sending messages through any system including SMS and UTMS.

 

1.3. Said file is owned by Chiqui Barbero and has been declared with the Data Protection Agency under the name User Register. The assignment of a serial number is pending.

 

1.4.The User expressly accepts the inclusion of the data gathered during his/her website browsing or any data provided by completing any form as well as data deriving from the commercial relationship and/or delivery of the products into the aforementioned automatic file. During the data collection process and at each Website space where data is requested, the User will be informed by means or a hyperlink or on the form itself of the obligatory or optional nature of the data collection.

 

1.5. With regards to the data collected, Chiqui Barbero hereby informs Users of their right to exercise the rights recognized in Spanish Organic Law 15/1999, and in particular, those of data access, rectification or cancellation and opposition, when relevant, as well as the right to revoke consent for the release of their data or for any of the uses indicated above. The rights referred to in the paragraph above may be exercised by each user by sending a request for cancellation to the email address clientes@chiquibarbero.com

 

1.6. Chiqui Barbero hereby informs Users that in order to be able to access some of the content or services on the Website, the prior completion of registration forms requesting the User to enter personal data may be necessary. Likewise, Chiqui Barbero may activate “cookies” to obtain User data in an effort to improve its services.

 

1.7. Chiqui Barbero undertakes to maintain confidentiality when using the data included in the above mentioned automatic file and to use them for the purpose of the file as well as fulfil its obligation to safeguard them and adopt the necessary measures to prevent unauthorised alteration, loss, processing or access in accordance with the provisions of the Security Measure Regulations for automatic files containing personal data approved by Spanish Royal Decree 994/1999 of 11 July.

 

2. Intellectual and Industrial Property. Hyperlink Ban.

 

2.1. All of the content displayed on the Website and, in particular, the designs, texts, graphics, lagos, icons, buttons, software, commercial names, trademarks, industrial drawings or any other signs susceptible to industrial and commercial use are subject of intellectual or industrial property rights held by Chiqui Barbero or third parties that have duly authorized their inclusion on the Website..

 

 

2.2. Under no circumstance may it be understood that any license of any kind is granted or any total or partial waiver, transfer or assignment to said rights is executed through User access and browsing nor is any right or expectant right granted, particularly to alter, exploit, reproduce, distribute or publically communicate said content without prior express authorization from Chiqui Barbero or the corresponding right holders.

 

2.3. No link to the Website from any other Website may be established without prior and express consent from Chiqui Barbero.

 

3. Chiqui Barbero Liability.

 

3.1. Chiqui Barbero will only be liable for damages that the User may suffer as a result of the Use of the Website when the damages are attributable to an intentional act by the company.

The User acknowledges and agrees that he/she uses the Website under his/her complete responsibility and at his/her own risk.

 

3.3. Chiqui Barbero is not liable for any damages deriving from the following but not limited to:

 

a) Inferences, omissions, interruptions, computer viruses, failures and/or disconnections during the operation of a computer system or in the User’s computer equipment due to reasons not attributable to Chiqui Barbero which prevent or delay the provision of the services.

 

b) Usage delays or blocks caused by network shortages or overloads or in other computer systems.

 

c) The actions of third parties through the illegal meddling in the Website.

 

d) The impossibility of providing the User proper service or access to the network for causes not attributable to Chiqui Barbero but rather to third parties or events of force majeure.

 

e) Chiqui Barbero does not guarantee that Users use the Website in accordance with the law, these general terms, morality and generally accepted proper conduct and public order, nor that they do so diligently and wisely. Chiqui Barbero is not liable for the improper use Users may make of the content on its Website. This is the exclusive responsibility of those who access the site.

 

4. User Obligations:

 

4.1. The User undertakes to comply with these general terms as well as observe all special warnings or instructions of use contained in them or on the Website, to act in accordance with the law, proper conduct and good faith, use the Website with adequate diligence and abstain from using the Website in a manner that prevents, damages or deteriorates the normal operation of the site, the assets or rights of Chiqui Barbero, its suppliers, all other Users or any third party.

 

4.2. The User undertakes when using the website or the service to:

 

a) If registering, the User undertakes to provide true and accurate data and keep them updated.

 

b) Not to introduce, store or disseminate information or material on or from the Website that is defamatory, offensive, obscene, threatening, xenophobic, incites violence or discrimination on the basis of race, sex, ideology, religion or that in any other way violates morality, public order, fundamental rights, public liberties or the honour, privacy or image of third parties.

 

c) Not to introduce, store or disseminate on or from the Website any computer programme, virus, data, hardware or telecommunications device or any other electronic or physical device that may cause damages to the Website, in any of the services offered by the site or in any of the equipment, systems or networks owned by Chiqui Barbero, any User, Chiqui Barbero suppliers or in general, third parties or which through any other means or form is capable of causing them any type of alteration or preventing the normal operation.

 

d) To diligently safeguard the “username” and “password” provided by Chiqui Barbero as identifying elements to enable access to the Website services. The User undertakes not to assign their use or permit the access of third parties to them and assumes all liability for any damages that may be caused by their improper use. The User undertakes to notify Chiqui Barbero of their loss or theft as quickly as possible as well as of any risk of access to their “username” or “password” by any third party.

 

e) Not to conduct advertising, promotional or commercial exploitation activities through the Website, not to use the content and in particular, the information obtained from the website to send advertising, messages for direct sales purposes or any other commercial purpose or to copy or stare third party data.

 

f) Not to use false identities or steal the identity of others when using the Website or using the services offered on the site including, where appropriate, the use of third party passwords or access codes.

 

g) Not to destroy, alter, utilize for personal use, misuse or damage the data, information, programmes or electronic documents owned by Chiqui Barbero, its suppliers or third parties.

 

h) Not to introduce, store or disseminate through the Website any content that may violate the intellectual or industrial property rights or business secrets of third parties or any content for which he/she does not have the right to make it available to third parties.

 

5. Communication.

 

5.1. Any communication between Chiqui Barbero and the User must be made by addressing customer service by sending an email clientes@chiquibarbero.com or by writing to the Chiqui Barbero customer service department (Pso. Marítimo Pablo Ruiz Picasso, 5. 29016 Málaga).

 

5.2. Chiqui Barbero will send any communications to the User in accordance with the data provided by the User upon registering at the Website.

 

5.3. The User expressly agrees to use email as the valid procedure for sending all Website -related communication.