The terms and conditions listed below, regulate the access, use, registration, navigation, hosting and/or download of content and/or use of services on this website belonging to the General Conditions of the company. In compliance with Article 10 of Law 34/2002, of 11 July, Social Information Services and Electronic Commerce, the company Prashanti S.L. (hereinafter JOYERIA SAI) provides users with the following information:
Company name: Prashanti S.L.
Tax Identification Number: B29690195
Commercial Information: Registered in the Mercantile Registry of Málaga.
Registered office: Calle Ribera, Casa P. Local 9, 29660 Marbella (Málaga).
Contact: please contact JOYERIA SAI by ordinary post at the address of the registered office.
BY ACCESSING, VIEWING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THIS WEBSITE, USERS ACKNOWLEDGE THAT THEY UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS AS THE LEGAL EQUIVALENT OF A SIGNED AND BINDING DOCUMENT.
Some services on the JOYERIA SAI website may be subject to particular conditions, rules and instructions, that if necessary, will replace, supplement and/or modify these terms and conditions and must be accepted by the user for the provision of the corresponding service.
The term “website” or “websites” includes, by way of non-limiting example, all content, information, graphics, text, logos, trademarks, software, images, animations, musical creations, videos, sounds, drawings, photographs, expressions and other and information included therein, and generally all creations expressed by any means or medium, tangible or intangible, whether or not they constitute intellectual property pursuant to the Consolidated Text of the Spanish Intellectual Property Law.
The user will use the services and content solely for personal purposes, excluding any form of use other than this, and specifically excluding any use aimed at or generating profit, direct or indirect, for users or third parties.
JOYERIA SAI may unilaterally and without notice modify the services, configuration, and content of site, and its conditions of use and access to the content and services offered. Users of the website must regularly consult these terms and conditions and the particular conditions of the services they use, in order to become aware of updates to them, if any.
If the user does not accept these terms and conditions or the conditions governing the use of a particular service and/or content they should refrain from accessing the website or leave it now.
Users should establish the technical security measures necessary to prevent unwanted actions to the information systems, files and computers used to access the Internet and, especially, this website, in the knowledge that the Internet is not a fully secure environment.
In general, the services and content offered through the website will be available in Spanish and, at its discretion, JOYERIA SAI may present the content in additional languages.
The dialling costs or other connection expenses for accessing the website will be borne exclusively by the user.
3) USER LIABILITY FOR USE AND CONTENT.
Users may not in any way alter or delete the existing information identifying JOYERIA SAI. Users may only access the content through the means or procedures that have been made available for this purpose on the website, or that are usually employed on the Internet for that purpose, provided this does not involve a violation of the Intellectual/Industrial Property rights, or any kind of damage to the website or the information or services offered.
The user agrees to use the services and information in the JOYERIA SAI websites pursuant to the Law and these Terms and Conditions. Under no circumstances shall the use of the website by the user violate applicable laws, morals, proper conduct or public order, and users shall at all times make proper and lawful use of the services available.
4) USER ID AND PASSWORD
JOYERIA SAI reserves the right to require users to register for access to certain web services or content, asking them to select a password for the personal identification of the user (“login” and “password”) by completing a registration form on the website.
The access passwords assigned will be personal and non-transferable, and must not be assigned, even temporarily, to third parties. In this regard, the user agrees to make diligent use of and maintain secret the password/s and user name/s assigned, if any, provided for accessing the Web and/or services. In the event that the user knows of or suspects the loss, theft or use of their password by third parties, they should make that fact known to JOYERIA SAI as soon as possible.
Users shall be liable for loss and damages caused by the use of the services by any third party if their password/s and user name/s were used owing to the user’s careless use or loss thereof.
5) SPECIFIC CONDITIONS FOR PARTICIPATION IN PROMOTIONS AND PRIZE DRAWS
If a user chooses to register to participate in contests, prize draws, promotions, and other special services offered by JOYERIA SAI on their websites, they shall be prompted to fill in specific forms in each case and must fill at least those fields that are designated as mandatory for achieving the goals and purposes for which that particular service is intended. Once the form has been completed correctly, a confirmation email will be sent to the address specified by the user.
It is the responsibility of the user that all information provided while participating in these services (contests, prize draws, promotions, etc.) is accurate and up to date.
The mandatory fields to be completed are specified on the form itself, and refusal to supply this data will mean not being able to register as a participant thereof.
Once the registration has been performed and after completing the initial form, users may be requested to fill in additional information which shall be treated, like all personal data submitted to JOYERIA SAI, according to all the requirements established in the Organic Law on Data Protection (LOPD) and complementary legislation and as established in the section Privacy and Data Protection Policy.
The rules and regulations for participation in contests, prize draws and other promotions and specific services will be established in the specific Rules and Conditions of each one.
6) INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the JOYERIA SAI websites are subject to the prevailing legislation on Intellectual and/or Industrial Property. The rights over the contents and other items displayed on the website (for example drawings, text, graphics, photos, audio, video, software, logos, etc.). belong to JOYERIA SAI or to third parties if they have consented to the assignment of the same. Any logos, trade names, domain names and trademarks of ownership also belong to JOYERIA SAI.
Any contents contributed by users to the JOYERIA SAI website (photo, audio, video, etc.) must respect intellectual property and image rights (if any), and the user shall be solely liable for any claims that may arise against JOYERIA SAI as a result of such content.
The access, navigation, use, hosting and/or download of Content and/or use of Services on the website by the user shall in no case be construed as a waiver, transfer or license of all or part of the aforementioned rights by JOYERIA SAI or, where applicable, the holder of the corresponding rights. The user has a strictly personal and private right of use, solely for the purpose of receiving the benefits of the services, it being strictly prohibited to use the services for profit or for commercial purposes.
Accordingly, it is prohibited to remove, evade or manipulate the copyright notice (“copyright”) and any other identifying information of the rights of JOYERIA SAI or their respective owners included in the content and/or services, as well as technical protection devices or any other information and/or identification systems that might be contained therein.
In particular, it is forbidden to use the Website Content for inclusion in whole or in part, in other websites outside the Website without the prior written permission of the Website owners.
The references to names and trademarks or registered trademarks, logos or other distinctive signs, whether owned by JOYERIA SAI or third parties, must not be used without the consent of JOYERIA SAI or their rightful owners. At no time, unless otherwise expressly stated, shall the access or use of the website and/or its contents and/or services, confer to the user any rights to trademarks, logos and/or distinctive signs protected by law.
All rights of intellectual and industrial property are reserved and, in particular, it is forbidden to modify, fix, copy, reuse, exploit in way, reproduce, transform, overdub, subtitle, assign, sell, rent, lease, publicly communicate, make second or subsequent publications, upload files, send by email, transmit, use, process or distribute in any way all or part of the content items, and products if applicable, including or hosted on the website for public or commercial purposes, without the express written permission JOYERIA SAI, or, if applicable, the holder of the corresponding rights.
If a deliberate or negligent act or omission, directly or indirectly attributable to the user of the website which results in the infringement of intellectual and industrial property rights belonging to JOYERIA SAI or others, gives rise to JOYERIA SAI suffering damages, losses, joint liabilities, expenses of any nature, penalties, enforcement actions, fines and other amounts arising or resulting from any claim, complaint, legal action, lawsuit or proceeding, whether civil, criminal or administrative JOYERIA SAI shall be entitled to proceed against the user through all legal means at its disposal and claim any amounts for damages, loss or damage to its image, consequential damage and loss of profits, advertising costs or others that might be incurred for repair, amounts of penalties or convictions, default interest, the cost of financing of all the amounts to be paid by JOYERIA SAI, court costs and the defence expenses (including court representatives and lawyers) in any proceedings that might be brought against JOYERIA SAI for the reasons stated above, for the damages caused by the user’s act or omission, without prejudice to exercising any other remedies available to and corresponding to JOYERIA SAI.
Claims that may be filed by the user in relation to possible breaches of rights of intellectual property of any of the Content and/or elements should be addressed to registered office of JOYERIA SAI.
7) LINKS OR HYPERLINKS TO JOYERIA SAI WEBSITES
Users who wish to add links or hyperlinks from their own websites to the JOYERIA SAI website shall comply with the conditions listed below and not being aware of these conditions shall not waive the legal liabilities of users:
1) The link or hyperlink must only link to the home page or main page of the Website but shall not reproduce it in any way (in-line links, deep-links, browser or border environment, copies of the texts, graphs, etc.).
2) It is forbidden, in accordance with prevailing applicable legislation, to use frames of any kind which wrap the Web or permit the display of the Content through different Internet addresses to that of the Web and in any case, when viewed in conjunction with content from outside the Web in such a way that:
(a) it causes, or may cause, error, confusion or mislead users about the true origin of the service or Content;
(b) constitutes an act of comparison or unfair imitation;
(c) it serves to take advantage of the brand reputation and prestige of JOYERIA SAI, or
(d) it is otherwise prohibited by prevailing legislation.
3) The page that features the link shall not make any type of false, inaccurate or incorrect claim regarding JOYERIA SAI, its employees, customers or the quality of services it provides.
4) In no event will it be expressed or implied in the page featuring the link that JOYERIA SAI has consented to the inclusion of the link or otherwise sponsors, collaborates, verifies or supervises the services of the linking party.
5) It is prohibited to use any of the brand names, graphics or any other distinguishing marks of JOYERIA SAI within the linking page except as permitted by law or expressly authorised by JOYERIA SAI and so long as there is in these cases a direct link to the Website in the manner set out in this clause.
6) The page containing the link or hyperlink shall comply with applicable law and may not under any circumstances provide, contain, or link to third-party contents that are contrary to law, morals or proper conduct or can induced in the User the false impression that JOYERIA SAI endorses, subscribes to, shares or in any way supports the ideas, statements or expressions, lawful or unlawful, of the linking party;
7) The permission to insert a link or hyperlink does not imply in any case, consent to reproduce the visual and functional aspects (“look and feel”) of any JOYERIA SAI website.
8) The establishment of the link does not imply in any case the existence of relationships between JOYERIA SAI and the owner of the website where the link is included, or the acceptance and approval of JOYERIA SAI of its contents or services offered there to the public JOYERIA SAI may, at any time without providing reasons, request any link or hyperlink to the Website to be removed, upon which the person in charge of the linking site agrees to immediately remove the link.
The user has the possibility of removing these cookies by configuring the browser settings to not accept cookies, without presenting an unreasonable impediment to continue browsing and accessing the content offered on the website.
JOYERIA SAI declares that it has taken all the necessary measures, within its capabilities and the state of technology available, to ensure the functioning of the website and avoid the existence and transmission of viruses and other components harmful or malicious to users.
If the User becomes aware of the existence of any content that is unlawful, illegal, contrary to the laws or that could result in a violation of intellectual and/or industrial property right, they must immediately notify JOYERIA SAI so that it can proceed with the adoption of appropriate measures.
JOYERIA SAI shall be exempt from any liability for damages in any capacity and nature in the following cases:
Due to the impossibility or difficulty of connection used to access this Website, service outages, delays, errors and malfunctions, regardless of the type of connection used by the user.
Due to the interruption, suspension or cancellation of the access to website as well as the availability and continuity of the site or the services and/or contents thereof, when this is due to interruption of service for the technical maintenance of the website, or a cause beyond the scope of control of JOYERIA SAI, or its information service providers.
Owing to the wilful misconduct or fault of the user, or owing to causes of Force Majeure and any others that are beyond the control of JOYERIA SAI.
Due to attacks by hackers or others specialised in security or integrity of the system, whenever JOYERIA SAI has taken all the security measures according to its technical possibilities.
Due to damages or loss that may be caused by the information, contents, products and services provided, communicated, hosted, transmitted, displayed or offered by third parties unconnected with JOYERIA SAI including providers of services to the information society, through a website that can be accessed through a link at this site.
For any damage or harm to the user’s software or hardware arising from access to the JOYERIA SAI websites or from the use of information or applications contained therein.
Owing to the suitability, reliability, availability, timeliness or accuracy of the information or services contained on its website, or for any direct or indirect losses in connection with the use of the content of its Web pages.
For the treatment and subsequent use of personal data by third parties outside JOYERIA SAI and the relevance of the information requested by them.
The user of this Website shall be personally liable for damages of any nature caused to JOYERIA SAI directly or indirectly, owing to the breach of any of their obligations under these general conditions or other rules that govern the use of the site. In any case, whatever the cause, JOYERIA SAI shall assume no liability whatsoever for any direct or indirect damages or loss of profits.
JOYERIA SAI offers users a series of links, banners or other elements that may give users access to third-party websites. Access to other third-party websites through these connections or links will be under the exclusive responsibility of users, with JOYERIA SAI not being liable, in any case, for the damages that may arise from such use or activities.
11) APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile. Likewise, as an entity adhering to CONFIANZA ONLINE and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may resort to the dispute resolution system of CONFIANZA ONLINE (www.confianzaonline.es)
15) ONLINE LITIGATION RESOLUTION PLATFORM (ODR)
If it is necessary to submit a claim, you can access from the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=EN