TERMS AND CONDITIONS
The website www.pachafragrances.com (the “Website”) is managed by the Spanish company ANTONIO PUIG, S.A. (“PUIG”), with registered office at Plaza Europa, 46- 48, 08902 L’Hospitalet de Llobregat, Barcelona (Spain), and CIF number A-08.158.289 registered in the Barcelona Mercantile Registry volume 45167, folio 153 and sheet number B-11.327 and with the following contact email address hello@pachafragrances.com.
Navigation, as well as access to the Website and / or the mere use of the services offered through it, attribute the condition of user of the Website (the “User”) and imply the full and unreserved acceptance of the terms and conditions provided in this legal notice (the “Legal Notice”), in the version published by PUIG at the time the User accesses the Website.
The use of certain services offered to users through the Website may be subject to particular terms and conditions (the “Particular Conditions”) that, depending on the case, substitute, complement and / or modify the Legal Notice. Consequently, prior to using these services, the User must carefully read and accept, where appropriate, the corresponding Particular Conditions that correspond.
Likewise, the use of the Website is subject to the legal texts, regulations for use and / or instructions of the Website that complement the Legal Notice.
Use and operation of the Website
Unless otherwise provided in the applicable Particular Conditions, the use of the Website is free, and without prejudice to the cost of connecting the corresponding telecommunications network to which the User has access.
The User agrees to use the Website, as well as its services and content, without violating current legislation, in good faith, generally accepted uses and customs, and public order. Likewise, the use of the Website for illegal or harmful purposes for PUIG or any third party is prohibited.
In using the Website, the User agrees not to carry out any conduct that could damage the image, interests and / or rights of PUIG and / or third parties or that could damage, disable or overload the Website, or that would prevent in any way, the normal use of the Website, the computer equipment or the documents, files and all kinds of content stored in any computer equipment (hardware and software) of PUIG or any other user.
In the event that the User violates the Legal Notice, or where appropriate, any other terms and conditions detailed on the Website, PUIG may limit, suspend and / or cancel their access to it, adopting any technical measure that may be necessary to the effect.
In general, the use of the Website does not require prior subscription or registration. However, PUIG may condition the use of some services or access to certain content upon the prior completion of the corresponding registration and / or form available on the Website. Registration will be carried out in the manner expressly indicated in the service itself or in the Particular Conditions that regulate it.
PUIG will make its best efforts to keep the Website in good working condition, prevent errors or, if they arise, solve them and keep the contents of the Website duly updated. However, PUIG does not guarantee the availability and / or continuous access to the Website, nor that there are no errors in its contents, nor that its contents are updated.
PUIG reserves the right to unilaterally modify, at any time and without prior notice, the clauses of the Legal Notice, as well as the configuration and, in general, any other content or service on the Website. The use of the services and / or the simple access to the Website, will suppose the acceptance of any introduced modification. For this reason, PUIG recommends periodically consulting the Legal Notice, as well as its subsequent modifications.
The User acknowledges and accepts that, at any time, PUIG may interrupt, deactivate and / or cancel any of the content and / or services included on the Website.
Responsibility
The User is aware and accepts, on a voluntary basis, that the use of the Website is carried out, in any case, under his sole and exclusive responsibility.
The User will be responsible for the damages and / or damages of any type that PUIG may suffer as a result of the violation of any of the obligations to which it is submitted in accordance with the Legal Notice and / or with the current legislation.
PUIG will not be responsible for any loss and / or damage that may be derived, directly or indirectly, from the access or use of the User of the information contained in the Website, specifically, the information of different third parties.
The User acknowledges and accepts that, at any time, PUIG may interrupt, deactivate and / or cancel any of the content and / or services included on the Website.
Responsibility
The User is aware and accepts, on a voluntary basis, that the use of the Website is carried out, in any case, under their sole and exclusive responsibility.
The User will be responsible for the damages and / or damages of any type that PUIG may suffer as a result of the violation of any of the obligations to which it is submitted in accordance with the Legal Notice and / or with the current legislation.
PUIG will not be responsible for any loss and / or damage that may be derived, directly or indirectly, from the access or use of the User of the information that the Website contains, specifically, the information of third parties other than PUIG and / or PACHA FRAGRANCES (PACHA Fragrances), including, among others, those produced in computer systems or those derived from the introduction of a virus and / or a computer attack, and shall not be liable for damages suffered by Users due to inappropriate use. of the Website, nor of the failure of communication, interruptions, absence or defect in them.
In addition, PUIG will not be responsible for any damage or loss caused to the software or hardware of the Users derived from their access and / or use of the Website.
Unless the law determines otherwise, the User expressly acknowledges and accepts that PUIG does not grant any guarantee of any nature, either express or implicit, on the Website, its contents and services.
PUIG reserves the right to interrupt access to the Website, as well as the provision of any or all of the content and / or services offered through it, at any time and without prior notice, whether for technical reasons, security, control, maintenance or for any other reason.
Consequently, PUIG does not guarantee the reliability, availability or continuity of the Website or the contents offered therein, therefore access to the Website and its contents by the User is at their own risk and expense.
Likewise, PUIG will not be responsible for the temporary interruptions of the service, delays, errors, malfunctions and, in general, any inconvenience that has its origin in causes that are not attributable to PUIG, are due to the malicious or willful action of the User or By force majeure.
In this sense, PUIG excludes to the full extent permitted by the legal system, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Website or services.
PUIG has adopted reasonably adequate security measures to detect the existence of viruses and / or computer damage. However, the security measures of the computer systems are not entirely reliable and, therefore, PUIG cannot guarantee the absence of viruses or other elements that may cause alterations in the user’s computer systems (software and hardware) or files. electronic contained in them.
In this sense, PUIG excludes, to the full extent permitted by law, any liability for damages of any nature that may be due to the presence of viruses or other elements in the contents of the Website, which may cause alterations in the computer system, electronic documents and / or in the files of the Users.
PUIG does not assume the responsibility of the use that the User makes of the content of the Website that could suppose an infringement of any type of norm, national or international, of the rights of intellectual, industrial or image property and / or any other right of third parties.
Both access to the Website and the use that may be made of the information contained therein is the sole responsibility of the user. PUIG is not responsible for any consequence or damage from such access or use of the information, nor from possible security errors that may occur or possible damage that may be caused to the User’s computer system (hardware and software), files or documents stored in it, as a result of a malfunction of the browser or the use of outdated versions of it.
PUIG will also not be responsible for the damages and / or losses derived from the use of the contents of the Website. In particular, PUIG is not responsible for the content or the state of the links that the Website contains and that may lead the User to other websites managed by third parties. PUIG is not responsible for the content or the state of these websites. Access to them through the Website does not imply that PUIG recommends and / or approves their contents.
Hyperlink Policy
1. Links to the Website
The introduction of hyperlinks or technical linking devices (e.g. links, banners or buttons) for commercial purposes on non-PUIG web pages (the “Site with Link”), which allow access to the Website without the prior written consent of PUIG. In any case, the existence of such hyperlinks will not imply, in any case, the existence of commercial relations with the owner of the Site with Link, nor the acceptance and / or responsibility by PUIG of its contents and / or services,
The Link Site must comply with current legislation and must not, in any way, contain content owned by it or by third parties that: (i) is illegal, harmful and / or contrary to morals and good customs (pornography, violence , racism, degradation, etc.); and / or (ii) is inappropriate or not pertinent in relation to the PUIG brand and / or PACHA Fragrances. In any case, PUIG reserves the right to prohibit or disable at any time any hyperlink or technical link device (e.g. links, banners or buttons) to its website, especially in cases of illegal activity or Contents of the Site with Link.
2. Links to other websites
It is possible to include links to the website that allow the user to access other websites (the “Linked Sites”).
In any case, PUIG does not guarantee or assume any type of responsibility for the damages and / or losses suffered by accessing third party content through the possible connections, links or links of the Linked Sites from the Website. The function, if any, of such hyperlinks or technical linking devices (e.g. links, banners or buttons) is exclusively to inform Users of the existence of other sources of information or other content and services of Internet.
PUIG will not be responsible in any case for the result obtained through said hyperlink or technical linking devices (e.g. links or buttons) or for the consequences arising from access by Users to the Linked Sites. These third-party contents are provided by them, so PUIG cannot control the legality of such content or the quality of the services offered therein.
As a consequence of the foregoing, the User will be solely responsible for verifying and accepting the content and / or the terms and conditions of the Linked Sites each time he or she accesses them and uses them.
Intellectual property
All the intellectual property rights of the designs, databases and software (including the source codes), as well as all the elements contained in the Website (texts, graphics, photographs, videos, audio recordings, color combinations, etc.) (the “Content”), its structure, selection and organization, are the property of PUIG and / or, where appropriate, of the licensors. The distinctive logos of the website (trademarks and trade names) are also the property of PUIG, PACHA Fragancias and / or the licensors.
The use of the Website by the User does not imply the transfer of any intellectual property rights over the Website or its content.
The names of other products, services and companies that appear on the Website may be distinctive logos registered by their respective owners, without it being understood that access or use of the Website attributes to the User any right over the registered distinctive signs. Likewise, all the Content is protected by copyright and the intellectual property belongs to PUIG or, where appropriate, its licensors, without any of the exploitation rights related to them being understood to be transferred to the User beyond what is strictly necessary. for the correct access or use of the Website.
The User is only authorized to view and obtain a temporary private copy of the contents for their exclusive personal and private use on their computer systems (software and hardware) and that are not subsequently transferred to third parties. With the previous exceptions, the User is expressly prohibited from reproducing, transforming, distributing, public communication, making available, extracting, reusing, forwarding and / or using any nature, by any means or procedure, of any of them, except in cases that are legally permitted or expressly authorized in writing by PUIG and / or the licensor. By way of example but not limitation, the User is not authorized to:
• Use the information contained on the Website for the purpose of developing commercial or professional activities (direct sales or for any other kind of commercial purpose, as well as to commercialize said information in any way).
• Delete, evade, manipulate the “copyright” and other identifying data of the PUIG rights, as well as any protection mechanisms.
• Dismantle, decompile or invert the databases in which the information of the Website is stored.
The unauthorized use of the information contained in the Website, its resale, as well as the infringement of the industrial and intellectual property rights of PUIG, will give rise to the legally established responsibilities. In particular, the unauthorized use of the Content and any damage caused to the intellectual property rights of PUIG and / or its licensors may cause PUIG and / or its licensors to take any action that the law allows them to protect yourself and cause any liability that may arise from it.
Image rights
In certain cases, the user can participate in one of the online contests organized by PUIG, where he or she is asked (as a participant) to upload “Images” (photos, videos, drawings, etc.) to the Internet (Website, microwebs, Facebook, Instagram, etc.). The participation of the user in online contests in which images are uploaded will imply that the user is knowledgeable and accepts the specifications in this section.
In addition to the obligations assumed by the user / participant under the terms and conditions of the corresponding online contest, the user agrees not to upload images that are not original and / or that have not been registered by him or that violate the law or the rights of third parties (in particular copyrights, trademarks and / or rights of privacy, honor and image). To this end, each participant / user declares that they are the owner of all the rights related to the Images and, if necessary, that they have obtained the corresponding express consent of the persons who appear in the Image for their free distribution in any medium and / or territory and for an indefinite period.
PUIG will not be held responsible, in any case, for the breach of the obligations listed above, nor for any damage or harm derived from said breach. Each participant / user acknowledges that PUIG has full rights to assign the use of the Images in the way that PUIG considers appropriate and for all related commercial purposes (including, but not limited to, advertising, marketing, promotions, merchandising and / or valuation of the corresponding contest, in whole or in part).
Participants / users expressly authorize PUIG and its licensors to reproduce, disseminate or distribute, adapt and transform the Images, free of charge, on the PUIG Websites and on official social networks including, but not limited to, the accounts. from official Instagram and Facebook PACHA Fragrances and any other social network account of PUIG’s subsidiaries and / or branches; the websites of authorized resellers and / or social networks of any influencer authorized by PUIG, in any medium and territory, throughout the world and for the maximum period allowed by law.
The user / participant is aware that publishing the Images on social networks implies the application of the general conditions of use of said social networks, in particular the right of sub-licensees attributed to social networks and users of social networks; PUIG will not be responsible, in any case, for the reproduction, treatment, use and conservation of the Images or a part of them by social networks or by users of social networks under the general conditions of use of the social networks. PUIG cannot be held responsible for the reproduction, treatment, use and conservation by users of social networks under the general conditions of use of the social networks of the images during the period of the corresponding contest or after its expiration. For reasons of clarity, the participant / user hereby acknowledges and accepts that PUIG will not be responsible in any case for the deletion / deletion of the Images published during the corresponding contest period on social networks.
In the same way, and without prejudice to the terms and conditions of the corresponding social network (e.g. Instagram, Facebook, etc.), each user / participant authorizes the other participants and / or any third party related to the corresponding contest to access and View the Images for free.
In all cases, PUIG has the right to delete any image, without obligation to previously notify the user / participant, if it considers that the image violates copyright
Privacy Policy
Who is the data controller?
The data controller is PUIG, whose contact details are indicated at the beginning of these terms and conditions.
For what purposes do we process your personal data?
We treat all the information provided by the Users to manage their requests and send them communications (also by electronic means) about news or commercial offers that may be of interest to them. To offer PUIG products and / or services according to their interests, PUIG can create user profiles based on the information provided by them.
In the contact forms of the website, it will be necessary for the User to complete the fields marked as “mandatory”. Not including / completing all the personal data required by PUIG could imply incomplete attention to the requested request.
How long will we keep your personal data?
The personal data provided by the Users for the subscription to commercial communications (Newsletters) will be kept until the Users request their removal from said subscription.
What is the legitimacy for the processing of your data?
The legal basis for data processing is the consent of the Users who supply it, accepting this privacy policy.
To which recipients will your data be communicated?
The data may be communicated to other companies of the PUIG Group, licensors and distributors of your products for the same purposes mentioned above.
What rights do users have when we process their personal data?
Any User has the right to obtain confirmation on whether PUIG is processing the personal data that concerns them or not.
Users may exercise their right of access to personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when the data is no longer necessary for the purposes that were collected.
Users may request the limitation, portability and opposition of their data, in certain circumstances and for reasons related to their particular situation.
Users may exercise the aforementioned rights, under the terms and conditions provided in current law, at PUIG’s registered office or request it by email to hello@pachafragrances.com. In the event that users do not obtain a satisfactory response and wish to make a claim or obtain more information about any of these rights, they can go to the Spanish Data Protection Agency (Calle de Jorge Juan, 6, 28001 Madrid).
Withdrawal and suspension of service
PUIG may withdraw or suspend, at any time and without the need for prior notice, the provision of the services offered through the Website to Users who fail to comply with the provisions of the Legal Notice.
Duration and termination
The existence of the Website, as well as the provision of the services offered therein, have, in principle, indefinite duration. However, PUIG is entitled to terminate or suspend the provision of the aforementioned services and cancel access to the Website at any time, without prejudice to what has been provided in this regard in the corresponding Particular Conditions. When this is reasonably possible, PUIG will previously warn Users about the termination or suspension of the Website as well as, where appropriate, the services offered therein.
Applicable law and competent jurisdiction
The access and use of the Website by the User will be governed and interpreted in accordance with the Spanish laws in force at all times.
In the event that any conflict or discrepancy arises between PUIG and the Users, the Courts and Tribunals that, as the case may be, will hear the matter, will be those provided by the applicable legal regulations on the competent jurisdiction of consumers and users.
The Legal Notice is updated as of May 2019.
ANTONIO PUIG, S.A., 2019. All rights reserved.
