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LOUIBIZA, with registered office in Calle Castilla,28 3º 2ª, 07800 Ibiza (Baleares), is a retail trade owner of this Web Site whose use is regulated by this document, with NIF is 41455343M. To contact LOUIBIZA, you can use the mail address written above as well as the e-mail firstname.lastname@example.org.
Due to the very nature of the Web Site, as well as its content and purpose, almost all the navigation that can be carried out in it must be done enjoying the status of Customer, which is acquired according to the procedures contained therein. Therefore, the above mentioned status of Customer implies the adhesion to the General Conditions of the published version at the time that you access the Web Site. LOUIBIZA reserves the right to modify, at any time, the presentation and configuration of the site as well as these General Conditions. Therefore, LOUIBIZA recommends the Customer to read them carefully every time when accessing the Web Site.
In any case, there are pages of the Web Site accessible to the general public, with respect to which LOUIBIZA also wants to fulfil their legal obligations as well as regulate the use of them. In this respect, the users accessing this parts of the Web Site agree, by the act of accessing the mentioned pages, to be bound to the terms an conditions contained in these General Conditions, to the extent that it may be applicable to them.
Finally, by the very nature of this Website it is possible that the content of these General Conditions is changed or modified. For this reason, the Customer and other users who do not enjoy this condition are obliged to access these General Conditions each time they access the Web Site, assuming that it will be applied to them the corresponding conditions in force at the time of their access.
Access to the Services requires the previous registration of users, once they have accepted the General Conditions, are then considered as Customers.
Customer identifier will consist of his/her e-mail address and a password. For accessing the Customer's own account it will be needed the inclusion of this identifier as well as a password that must contain at least 4 characters.
The use of the password is personal and nontransferable, not being allowed its cession, even temporally, to third parties. In this respect, the Customer commits to make diligent use of it and maintain it secret, assuming full responsibility for the consequences of disclosure to third parties.
In the event that the Customer knows or suspects the use of his/her password by third parties, he/she must modify it immediately, in the way stated in the Web Site.
The Customer is obliged to use the Services in a diligent, correct and licit way, and in particular, only by way of information but not limitation, is committed to abstain form:
use the Services in a way, with the purpose or effects that are contrary to law, morality or the generally accepted good customs or public order;
reproduce or copy, distribute, allow public access through any means of public communication, transform or modify the Services, unless he/she has the authorization of the holder of the corresponding rights or it is legally permitted.
carry out any act that can be considered as an infringement of any intellectual or industrial property right belonging to LOUIBIZA or third parties;
use the Services and, particularly, the information of any kind obtained through the Web Site to send advertising, communications with direct sales purpose or with any other commercial aim, unsolicited messages directed to a group of people independently of its objective, as well as commercializing or spreading in any way the above-mentioned information;
The Customer will be liable for the damages of any nature that LOUIBIZA may suffer, for or as a consequence of the breach of any of the obligations above-mentioned as well as any others included in the current General Conditions and/or imposed by Law in connection to the use of the Web Site.
LOUIBIZA will care at all times for the respect of the Law in force, and will be entitled to interrupt, at its sole discretion, the Service or to exclude the Customer from the Web Site in case of alleged commission, complete or incomplete, of any of the crimes or misdemeanour typified by the Spanish Penal Code in force, or in case of observing any conduct that, in the opinion of LOUIBIZA, is contrary to these General Conditions, the General Conditions of Contract operating for this Web Site, the Law, the rules established by LOUIBIZA or its collaborators or that could disturb the proper functioning, image, credibility and/or prestige of LOUIBIZA or its collaborators.
All the contents of the Web Site, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are exclusive property of LOUIBIZA or third parties, whose rights in this regard holds legitimately LOUIBIZA, being therefore protected by the national and international legislation.
The use of any element under the industrial and intellectual property with commercial purposes as well as its distribution, modification or alteration is strictly prohibited.
The infringement of any of the above-mentioned rights may constitute a breach of this provisions, as well as an offence punishable in accordance to the articles 270 and following of the Spanish Penal Code.
Those Customers sending observations, comments or opinions to the Web Site via the e-mail service or by any other means, in cases where by the nature of the Services were it possible, it is understood that they authorize LOUIBIZA to the reproduction, distribution, public communication, transformation, and to exercise any other right of exploitation, of such observations, comments or opinions, all over the time of copyright protection that were legally in force with no territorial restrictions. It is also understood that this authorization is granted free of charge.
The claims filed by Customers in relation to possible breaches of the industrial or intellectual property rights of any of the Services of this Web Site shall be addressed to the following e-mail address: email@example.com.
Independently of the provisions of the General Conditions of Contract related to the contracting of goods included in this Web Site, LOUIBIZA is not responsible for the veracity, accuracy and quality of this Web Site, its services, information and materials. The above-mentioned services, information and materials are presented as found and are accessible without warranty of any kind.
LOUIBIZA reserves the right of interrupting the access to the Web Site, as well as the provision of any or all the Services that are provided through the Web Site, at any time and without prior notice, either for technical reasons, security, control, maintenance, power supply failure or any other justified cause.
Consequently, LOUIBIZA does not guarantee the reliability, availability or continuity of the Web Site or the Services, therefore the use of them by the Customer is done at his/her own risk, without that, at no time, LOUIBIZA can be held accountable in this regard.
LOUIBIZA will not be liable for interruptions of the Services, delays, errors, malfunction, and in general, any other inconveniences that originate from causes beyond the control of LOUIBIZA, and/or due to fraudulent or neglinent act of the Customer and/or arising from unforeseen circumstances or force majeure. Without prejudice of the provisions of Article 1105 of the Spanish Civil Code, will be construed as included in the concept of Force Majeure, as well as to the effects of these General Conditions, all those events that happen beyond the control of LOUIBIZA, such as: failure of third parties, operators or service companies, acts of government, lack of access to third parties networks, acts or omissions by public authorities, those produced as a result of natural phenomena, blackouts, etc. and attacks by hackers or third parties specialized in security or integrity of the system, provided that LOUIBIZA has taken reasonable security measures in accordance with the state of the art. In any case, whatever its cause, LOUIBIZA will not assume any liability for either direct or indirect damages, consequential damages and/or loss of profits.
LOUIBIZA excludes any liability for damages of any nature that may result from the lack of veracity, accuracy, exhaustiveness and/or currentness of the Services transmitted, spread, stored, made available or received, obtained or have been accessed through the Web Site as well as the Services provided by or offered by third parties or entities. LOUIBIZA will try as far as possible to update and correct the information stored on its Web Site that does not meet the minimum guarantees of accuracy. However, LOUIBIZA will be exempt from liability for its failure to update or correct, as well as for the content and information published on the Web Site. In this respect, LOUIBIZA has no obligation of control, and does not control the contents transmitted, spread or made available to third parties by the Customers or collaborators, except in the cases where it is required by the Law in force or by a competent judicial or administrative authority.
Likewise, LOUIBIZA excludes any liability for the damages of any kind that may result from the presence of viruses or other harmful elements in the contents that may produce alteration in computer systems as well as in documents or systems stored therein.
LOUIBIZA is no liable for the use the Customer makes of the Services of the Web Site or his/her passwords, as well as of any other material thereof, infringing the intellectual or industrial property rights or any other third party right.
The Customer agrees to indemnify LOUIBIZA for any damage, penalty, expense (including, without limitation, lawyers fees) or civil, administrative or any other kind of responsibility, that LOUIBIZA may suffer that relates to the breach, or partial or defective compliance by the Customer of the provisions of these General Conditions or the applicable Law, and specially, regarding his/her obligations concerning personal data protection contained in this conditions or established in the Organic Law on Data Protection (LOPD) and development regulation.
LOUIBIZA does not guarantee nor assume any kind of liability for damages suffered as a consequence of the access to third parties Services through connections or links of connected sites nor for the accuracy or reliability thereof. The links appearing on LOUIBIZA have the exclusive function of informing the Customer about the existence of other sources of information on the Internet, where he/she can expand the Services offered by the Portal. LOUIBIZA will be in no way liable for the results obtained through these links or the consequences arising from the access by Customers to them. This third party Services are provided by them, so LOUIBIZA can not, and does not control the legality of these Services nor its quality. Consequently, the Customer should extreme caution when evaluating and using the information and services existing in these third party contents.
For any interpretative or contentious issues that may arise will be applicable the Spanish Law and in case of controversy, both parties agree to submit, renouncing any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Madrid.