LEGAL NOTICE GENERAL TERMS OF USE

 

This Legal Notice establishes the terms of use that regulate the access and use of the WEB, APP or Mobile Application, owned by ACTURUS CAPITAL, S.L., that makes the website available to Internet users to provide you with information about our services and fashion products.

For the above purposes, identification data and address of the service provider are as follows: ACTURUS CAPITAL, S.L., with tax identification number B83233346, domiciled for this purpose at C/ Impresores 14, Polígono Industrial Prado del Espino, 28660 Boadilla del Monte, Madrid.

We welcome and invite you to carefully read the General Terms of Use (the "General Terms of Use") that describe the terms and conditions that will be applicable when you navigate this website, in accordance with current Spanish legislation. Given that ACTURUS CAPITAL, S.L. may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

With the aim of ensuring that the use is in line with the criteria of transparency, clarity and simplicity, we inform you that any suggestion, doubt or query about the General Terms of Use will be received and solved by contacting ACTURUS CAPITAL, S.L. at the email address privacidad@elganso.com.

1. Purpose

ACTURUS CAPITAL, S.L. provides the content and services that are available on our online spaces, subject to these General Terms of Use as well as the policy on the processing of Personal Data (the "Data Protection Policy"). Accessing or using this website in any way means you are a "User" and implies the unconditional acceptance of each and every one of these General Terms of Use, which we reserve the right to modify at any time. Consequently, all Users are responsible for carefully reading the General Terms of Use in force each time they access, meaning that if a user does not agree with any of those provisions, they must abstain from further use of this space.

Likewise, you are advised that, on occasion, special provisions may be established for the use of specific content and/or services, the use of the content or services will imply the acceptance of the specific terms and conditions specified therein.

2. Services

Through our web spaces we offer users the possibility of accessing information about our services (the Services), in particular:

1. Creating and managing your personal account
2. Processing your orders and returns through our online services
3. Sending notifications through shipping status text messages
4. Contact you in the event of any shipping incidents with the items
5. Respond to your inquiries and inform you of new services or changes to services
6. Sending offers like newsletters or catalogues
7. Notifying the winners of online contests
8. Carrying our analyses to provide you with offers and commercial information
9. Check that you are legally old enough to make online purchases
10. Send you surveys to improve our offerings and services
11. Evaluate and improve our systems
12. Prevent inappropriate or incorrect use of our services

3. Privacy and Data Processing

When it is necessary to provide Personal Data to access certain content or service, Users will guarantee its veracity, accuracy, authenticity and validity. The company will process this data in the appropriate automated manner based on its nature or purpose, in accordance with the section on Data Protection Policy.

4. Industrial and Intellectual Property

The user acknowledges and agrees that all the content displayed, and in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any other signs susceptible to industrial and/or sales uses are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all rights of industrial and intellectual property, on the contents and/or any other elements inserted in the website are the exclusive property of ACTURUS CAPITAL, S.L. and/or third parties, who have the exclusive right to use them in the course of trade. Therefore the user agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the content, holding the company harmless from any claims arising out of the breach of these obligations. In no case will the access to the website imply any waiver, transfer, license or total or partial assignment of these rights, unless otherwise expressly stated. These General Terms of Use do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public disclosure of the Website and/or its Content, other than those expressly provided in these terms and conditions. Any other use or exploitation of any rights will be subject to the prior and express authorisation specifically granted for that purpose by the company or the third-party holder of the rights in question.

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 as a whole, as a multimedia artistic work, are protected as rights of copyright by legislation on intellectual property. The company is the owner of the elements making up the graphic design, navigation menus and buttons, HTML code, texts, images, textures, graphics and any other content or, otherwise, it has obtained the corresponding authorisation for the use of these elements. The content made available may not be reproduced in whole or in part, nor transmitted nor recorded by any system of information retrieval, in any format or by any means, unless prior permission has been obtained in writing from the aforementioned Entity.

It is also prohibited to delete, bypass and/or manipulate the copyright as well as technical protection devices, or any information mechanisms that may contain the content. The User agrees to respect the rights stated and to avoid any action that could harm them, with the company reserving the right to exercise all means or pursue all legal channels appropriate in the defence of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User agrees to:

1. engage in appropriate and lawful use of the web spaces and the contents and services in keeping with: (i) the applicable legislation at any given time; (ii) the General Terms of Use of the Site; (iii) generally accepted morals and good practices and (iv) public order.
2. possess all means and technical requirements needed to access the Website.
3. provide truthful information when entering Personal Data on the forms and to keep this information up to date at all times, so that it reflects the true situation of the User at any given moment. The User will be solely liable for any false or inaccurate statements made as well as for any harm and loss suffered by the company or third parties due to the information provided.

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

1. making unauthorised or fraudulent use of the Website and/or its contents for purposes or effects that are unlawful, prohibited in these General Terms of Use or harmful to the rights and interests of third parties or that may in any way damage, disable, overburden, deteriorate or otherwise prevent normal use of the services or of the documents, files and all manner of contents stored on any computer equipment.
2. accessing or attempting to access resources or restricted areas without meeting the criteria for this access.
3. causing damage to the physical or logical systems of the Website, its suppliers or third parties.
4. uploading or spreading computer viruses or any other physical or logical systems that could potentially cause damage to the physical or logical systems of the company, suppliers or third parties on the network.
5. attempting to access, use and/or manipulate the data of the company, third-party suppliers or other Users.
6. reproducing or copying, distributing, allowing public access by any form of public communication, transforming or modifying the contents, except where legally permitted or when authorised to do so by the owner of the rights in question.
7. deleting, concealing or manipulating the statements on intellectual or industrial property rights and other information identifying the company and third-party rights regarding the content or deleting, concealing or manipulating the technical protection devices or any other information mechanisms that may be inserted in the content.
8. obtaining or attempting to obtain the content through means or procedures other than any that have been made available for this purpose or that are expressly noted on the pages where the contents are found or, in general, from those that are commonly used on the Internet as they do not risk damaging the website and/or contents or rendering them unusable.
9. In particular, the User agrees to refrain from activities including but not limited to transmitting, disseminating or sharing with third parties any information, data, content, messages, graphics, drawings, audio and/or image files, photographs, recordings, software and, in general, any type of material that:
   1. is in any way is contrary to, denigrates or breaches the fundamental rights and public liberties recognised in the Constitution, in international treaties and in all other current legislation.
   2. induces, incites or promotes criminal, denigrating, defamatory or violent acts or acts that, in general, do not adhere to the law, morality, generally accepted good practices or public order.
   3. induces, incites or promotes discriminatory acts, attitudes or thoughts on account of sex, race, religion, belief, age or condition.
   4. incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, not in keeping with the law, morality, generally accepted good practices or public order.
   5. induces or could induce an unacceptable state of anxiety or fear.
   6. induces or incites individuals to engage in practices that are dangerous, risky or harmful to their health and mental balance.
   7. is legally protected intellectual or industrial property belonging to the company or third parties when no authorisation has been given for the intended use.
   8. breaches an individual’s honour, personal and family privacy and image.
   9. constitutes any type of advertising.
   10. includes any type of virus or program preventing normal operation of the Website.

If you are provided a password to access any of the services and/or contents, you are required to use it diligently and keep it secret at all times. As such, you will be responsible for its proper safekeeping and confidentiality, agreeing not to share it temporarily or permanently with third parties or to allow third parties to access the aforementioned services and/or contents. You likewise agree to notify the company of any action that could represent improper use of your password, including but not limited to theft, loss or unauthorised access, in order for it to be immediately cancelled. This being the case, while you do not make the preceding notification, ACTURUS CAPITAL, S.L. will be exempt from any potential liability stemming from improper use of your password, and you will be liable for any unlawful use of the contents and/or services by any illegitimate third party. Should you negligently or intentionally fail to comply with any of the obligations set forth in these General Terms of Use, you will be liable for any harm or loss suffered by the company as a result of the breach.

6. Responsibilities

ACTURUS CAPITAL, S.L. does not guarantee continuous access or proper display, download or use of the elements and information on the website, which may be blocked, hindered or interrupted by factors or circumstances that are beyond its control. It is not liable for any decisions made as a result of access to the contents or information offered.

ACTURUS CAPITAL, S.L. may interrupt the service or immediately terminate its relationship with the User if it detects use of the Website or any of the services offered therein in violation of these General Terms of Use.

It will only be responsible for removing, as quickly as possible, any contents that could result in the harm or loss, when it is notified thereof. In particular, it will not be liable for harm or loss resulting from, among others, the following:

1. interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electrical system caused by deficiencies, overloading and errors in the telecommunication lines and networks or by any other cause beyond the company’s control.
2. unlawful interference through the use of any type of malicious program and any means of communication, such as computer viruses or any others.
3. improper or inappropriate use.
4. security or browsing errors due to a malfunction of the browser or to the use of a non-updated version of the browser. The company directors reserve the right to remove all or part of the any of the contents or information found on the Website.

ACTURUS CAPITAL, S.L. excludes any liability for harm or loss of any type that could be due to misuse of the freely available services and use by the Users. It is also exempt from liability for any contents or information that may be received as a result of data collection forms, which exist only to provide consultation and question-and-answer services. Contrarily, damages may be claimed from the User in the event of harm or loss caused by unlawful or improper use of the services.
You will defend, compensate and hold the company harmless from any damages arising from claims, legal actions or lawsuits by third parties as a result of your access or use. Similarly, you agree to provide compensation for any harm or loss arising from use by you of robots, spiders, crawlers or other similar tools used to collect or extract data or any other action you perform that causes an unreasonable burden on the operation of the Website.

7. Hyperlinks

The User agrees not to copy the Website or any of its contents in any way, not even through a hyperlink, except when expressly authorised in writing by the data controller.
The Website contains links to other websites managed by third parties in order to facilitate the User’s access to information from partner and/or sponsoring companies. The company is not liable for the contents of the website and does not adopt the role of guarantor or offering party of any services and/or information offered to third parties through third-party links.
The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website
(i) may not falsify their relationship or state that that the link was authorised or include trademarks, names, trade names, logos or other distinctive marks of our company;
(ii) may not include contents that could be seen as distasteful, obscene, offensive or controversial or that incite violence or discrimination on the basis of sex, race or religion or that violate the law or public order;
(iii) may not link to any page of the Website other than the home page; and
(iv) must link to the Website’s own address, with the linking website not being permitted to recreate the Website as part of its own site or within one of its frames or create a browser on any of the Web spaces.
ACTURUS CAPITAL, S.L. may at any time request the removal of any link to the Website. Following the a request, it must be removed immediately. ACTURUS CAPITAL, S.L. cannot control the information, content, products or services provided by other websites that link to the Website.

8. Data protection

In order to use some of the Services, Users must first provide certain Personal Data. ACTURUS CAPITAL, S.L. will process the Personal Data in automated fashion in compliance with Regulation (EU) 2016/679. On this regard, the User can view our Personal Data processing policy and the previously established purchases in our Data Protection Policy.

9. Cookies

ACTURUS CAPITAL, S.L. reserves the right to use cookie technology to recognise Users as frequent users and personalise their use by preselecting their language or desired or specific content. The cookies used by the Website, or by the third party acting on its behalf, are associated solely with an anonymous user and his or her computer and do not provide the user’s Personal Data.

Cookies are files sent to a browser by a Web server to record the User's browsing, if allowed by the User. If you would like, you can configure your browser to notify you when cookies are received and to prevent cookies from being installed on your hard drive. Please see your browser’s instructions and manuals for more information.

With the help of cookies, ACTURUS CAPITAL, S.L. is able to recognise the browser of the computer used by the User in order to provide content and offer browsing and advertising preferences matching the Users’ demographic profiles as well as to measure site visits and traffic parameters and monitor the progress and number of arrivals.

10. Term and termination

The service is provided, in principle, indefinitely; however, ACTURUS CAPITAL, S.L. may terminate or suspend any of the services on the portal. Whenever possible, ACTURUS CAPITAL, S.L. will announce the termination or suspension of the service in question.

11. Representations and warranties

In general, the contents and services offered on the Website are provided for informational purposes only. By offering them, ACTURUS CAPITAL, S.L. thus offers no warranty or representation whatsoever regarding the contents and services offering, including but not limited to guarantees of lawfulness, reliability, usefulness, truthfulness, accuracy or marketability, except where the representations or warranties may not be excluded by law.

12. Force majeure

ACTURUS CAPITAL, S.L. is not liable in cases where it is impossible to provide the service in the event of prolonged interruptions in the power supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the government and, in general, all cases of force majeure or unforeseen circumstances.

13. Dispute resolution. Applicable law and jurisdiction

Both these General Terms of Use and the use of the Website are governed by Spanish law. For the resolution of disputes, the parties submit to the courts and tribunals of Madrid and waive any other jurisdiction.

Should any provision of these General Terms of Use be declared unenforceable or void under applicable legislation or as a result of a court or administrative ruling, these General Terms of Use will not be rendered unenforceable or void in their entirety. In these cases, ACTURUS CAPITAL, S.L. will modify or replace the provision in question with another that is valid and enforceable and achieves the goal and intention of the original provision to the extent possible.