1.-IDENTIFICATION AND CONTACT DETAILS
The Website is property of the business entity COMERCIAL MACY’S CANARIAS, S.L., with headquarters at Calle Punta Arena, number 12, 35109, San Bartolomé de Tirajana in Las Palmas (Canary Islands – Spain), with Spanish tax ID number C.I.F. B-35.412.642, registered in the Las Palmas Companies Registry in volume 1,237, page 133, sheet GC – 13,695, 1st Registry; and operates under “The Mint Company” name, property of COMERCIAL MACY’S CANARIAS, S.L.
For a direct and effective communication, please consult with our Customer Service Department by phone on (+34) 928140998 or by email on firstname.lastname@example.org.
2.-CONDITIONS ACCEPTANCE AND USER
2.1 The User of the Website is understood to be a natural or legal person, that accesses, browses, uses or takes part in the activities and services, free or otherwise, developed in www.themintcompany.com, both if registered in the Website or browsing as a guest.
In the event of discrepancy between the conditions of this Legal Notice and those of the Agreement Terms for each specific service, the latter will prevail over the other.
2.3 For this reasoning, the User must carefully read the Policies, and where appropriate, the Agreement Conditions that are to be applied, every time the User intends to use the Website, because these may change. If the User decides not to accept the Policies and/or the Agreement Conditions that are to be applied, he/she must not continue accessing or using the Website.
2.4 Access and use of the service and contents in the Website by the User are done under his/her sole and full responsibility.
2.5 The User will be responsible for any direct or indirect damage that COMERCIAL MACY’S CANARIAS, S.L. may suffer as a result of the non-compliance by the User, fully or partially, of any provision in the Policies and/or Agreement Conditions that are to be applied, regarding the user of the Website.
3.-WEBSITE USE AND ACCESS CONDITIONS
3.1 Free access and use
3.1.1 Access to the Website is free of charge for the User; however, some services and contents offered by COMERCIAL MACY’S CANARIAS, S.L., especially the purchase of offered products, or third parties, through the Website may be subject to the previous procurement of the service or product, and the payment of an amount of money in the manner set out by the Agreement Conditions.
3.1.2 Cost of telephone use or any other type of connection cost to access the Website will be met entirely by the User. The User must meet the specific technical requirement to benefit from the use of the Website.
3.1.3 Given that the access, browsing and using of the Website is the User’s responsibility, he/she must commit to making a correct use of the contents and services, and faithfully adhere to any instruction given my www.themintcompany.com or by any authorized person regarding use of the Website and its contents.
3.2 User information and veracity of the information
3.2.2 All information provided y the User through the Website must be truthful, being his/her sole responsibility keeping all information provided to COMERCIAL MACY’S CANARIAS, S.L. permanently updated, so that it responds to the current situation of the User at any time. In any case, the User will be the sole responsible of given false or inexact information and the damage that this may cause COMERCIAL MACY’S CANARIAS, S.L., or a third party by the information provided.
3.3 Under age and Legal capacity to contract services
The use of the Website is strictly prohibited to anyone without the legal capacity to conclude contracts; and to under aged, that is, anyone under the age of 18. In both cases, the sole responsible for the acts made by the under aged or those without legal capacity, are the parents, legal guardians or legal representatives. Full age to conclude contracts is 18, except upon emancipation of the child by the holders of the parental authority.
Regarding this, the Users are informed of the existence of software that limits and controls the content that children may access.
3.4 Obligation to make proper use of the Website, services and contents
The User agrees to:
- Use the Website and the services lawfully and for the purposes for which it has been created.
- Use the contents, whatever the nature, for example the audiovisual content, sonorous content, graphic design and sources codes put at the disposal of the User through the Website (hereafter the “Content”), lawfully, and under the provisions of the Legal Notice and the other Policies that regulate the Website, and especially agrees to refrain from:
a) Reproducing, copying, distributing, making available or other forms of public communication, transforming or changing the Contents, except if it has the authority given by the owner of the corresponding rights or is legally permitted to do so;
b) Deleting, manipulating or in any way modifying the <> and other identifying data from the reserved rights of COMERCIAL MACY’S CANARIAS, S.L.
- Refrain from using any of the services with unlawful ends or effects, prohibited in the Legal Notice, or causing damage to the rights and interests of third parties or that may, in any way, cause damage, render useless, overload, deteriorate, or stop the normal use of the services, computer systems or documents, files and any class of stored content in the computer systems (hacking) of COMERCIAL MACY’S CANARIAS, S.L., of other Website Users, or any Internet User (hardware and software).
- Refrain from making false or unlawful orders, authorizing COMERCIAL MACY’S CANARIAS, S.L. to cancel orders and informing the legal authorities in case of suspect of unlawful activities.
The User, particularly agrees to not to transmit, diffuse or make available to third parties information, contents, messages, graphics, drawings, audio files and/or images, photographs, recordings, software and, in general, any kind of material that:
- Is against, or goes against the fundamental rights and public liberties recognized constitutionally, in International Treaties and other legislation;
- Is protected by any intellectual or industrial property rights belonging to third parties, without previously receiving the required authorization from the owners to carry out the use or the intention of carrying out the use;
- Shares classified materials such as professional secrets of COMERCIAL MACY’S CANARIAS, S.L. to third parties or that compromises its credit as a company;
- Goes against the right to honor, personal or family privacy or self-images.
- Infringes the regulations on secrecy of communications;
- Constitutes illicit, deceitful or disloyal advertising or, in general, any that constitutes disloyal competition;
- Incorporates viruses or other physical or electronic elements that can damage or stop the normal use of COMERCIAL MACY’S CANARIAS, S.L. or third parties’ net, systems or computers (hardware and software);
- Causes, due to it characteristics (such as format, extension, etc.), difficulties in the normal use of the service;
- Contains HTML tags different from those expressly authorized by COMERCIAL MACY’S CANARIAS, S.L.
4.- EXCLUSION OF LIABILITIES
4.1. Exclusion of liabilities for the use of the Website
COMERCIAL MACY’S CANARIAS, S.L.:
- Exempts itself from any type of liability derived from the information published in the Website, if this has been manipulated or introduced by a third unauthorized party.
- Does not guarantee the availability and continuity of the Website and the services. If it is reasonably possible, it will previously war of interruptions in the Website and the services.
- Excludes, to the extent permitted by the legal system, any responsibility for damages of all nature that may occur due to lack of the availability, continuity or access failures to the Website and the services or the defrauding of use that the Users may have attributed to the Website and services.
4.2. Content exclusion of liability
COMERCIAL MACY’S CANARIAS, S.L.:
4.2.1 Under no circumstances accepts responsibility for the privacy policies of third parties’ websites whose contents could be redirected from the Website, nor the “cookies” that these could store in the Users computers, notwithstanding the provisions of the Cookies Policy that this Website is subject to. Given that COMERCIAL MACY’S CANARIAS, S.L. cannot control the contents of third parties websites, it will not accept any responsibility of these contents. In any case, COMERCIAL MACY’S CANARIAS, S.L. can manifest that it will proceed with the immediate withdrawal from any content that could goes against any national or international legislation, morality or public order, immediately withdrawing the redirection to the website and contacting the authorities for the mentioned content.
4.2.2 Under no circumstances accepts responsibility for stored information and content, including without limitation, in forums, blogs generators, comments, social networks or any other means that allows third parties to publish content independently to the Website. However, and in compliance to sections 11 and 16 of 34/2002 law, of the 11th of July, of Information Society Services and of Electronic Commerce, COMERCIAL MACY’S CANARIAS, S.L. puts for disposition of all Users, authorities and security forces and actively collaborates retiring or blocking all those contents that could go against national or international legislation, rights of third parties, morality or public order. In the case that the User considers that any content in the Website could be susceptible to this classification, please inform the administrator of the Website immediately.
4.2.3 Does not guarantee the absence of viruses or other elements in the contents that can produce alterations in computer systems (hardware and software) or in electronic documents and files stored in computer systems. COMERCIAL MACY’S CANARIAS, S.L. exempts any responsibility of damages that may be caused for the presence of viruses or other elements in the contents that can produce alterations in computer systems, electronic documents or files of the User.
4.2.4 Exempts itself from any responsibility for damages that may be caused due to the transmission, diffusion, storage, making available, reception, obtaining or accessing the contents and, in particular, though not exclusively, for damages that may be caused due to:
- Failure to comply with the law, due to the transmission, diffusion, storage, making available, reception, obtaining or accessing third party contents;
- Infringing intellectual or industrial property rights, contractual commitments of any kind, right to honor, privacy and personal and family image, and the image of other people, property rights and of all nature belonging to third parties due to the transmission, diffusion, storage, making available, reception, obtaining or accessing the contents;
- Disloyal competition and illicit advertising due to the transmission, diffusion, making available, reception, obtaining or accessing content on behalf of a third party;
- Lack of truthfulness, accuracy, completeness, suitability and/or timeliness of the content;
- Non-compliance, delay in complying, defective compliance or severance for any cause of commitment by third parties or agreements made through or by accessing the contents;
- Vices and defects of any kind of the contents transmission, diffusion, storage, made available or in any way transmitted or made available, received or obtained or that have been accessed through the web or services.
4.2.5 The Website can put to the User’s availability, technical devices of linkage (such as links, banners, buttons…), that allow the Users to access websites belonging and/or manage by third parties (hereafter, “Linked Sites”). The installation of such links in the Website, have no other use than to help the Users access information, contents and available services of such websites.
4.2.6 Does not offer nor commercialize by itself nor by third parties the information, contents and services available in Linked Sites, nor does it control, approve, recommend, observe or make them of its own.
4.2.7 Does not guarantee nor assume any kind of responsibility for damages that may be due to:
1. The operation, availability, accessibility or continuity of the Linked Sites;
2. The maintenance of the information, contents and services available in the Linked Sites;
3. The presentation or transmission of the information, contents and services available in the Linked Sites.
4. The quality, lawfulness, reliability and utility of the information, contents and services available in the Linked Sites, provided by third parties through the Website.
5.- INTELECTUAL AND INDUSTRIAL PROPERTY
Notwithstanding the provision of Section 3.4 of the Legal Notice, we warn and inform the Users of the following issues:
5.1 The Website, which includes but is not limited to the www.themintcompany.comdomain, its programming, edition, compilation and other elements necessary for its operation, the designs, logos, texts and/or graphics, are property of COMERCIAL MACY’S CANARIAS, S.L. or has the license or authorization from the owners.
5.2 Regardless of the purposes they were to be used, the total or partial reproduction, exploitation, distribution or commercialization, requires in all cases a previous written authorization from COMERCIAL MACY’S CANARIAS, S.L. The previously unauthorized use will be considered by COMERCIAL MACY’S CANARIAS, S.L. a serious breach of the intellectual or industrial property rights of the owner.
5.3 Designs, logos, texts and/or graphics not belonging to COMERCIAL MACY’S CANARIAS, S.L. that could appear in the Website, belong to their respective owners, making them responsible in the case of any controversy that may arise regarding them. In any case, COMERCIAL MACY’S CANARIAS, S.L. has the previous expressed authorization from the owners.
5.4 COMERCIAL MACY’S CANARIAS, S.L. acknowledges in favor of the owners their intellectual and industrial property rights, not involving the mere mention or appearance in the Website the existence of rights or responsibilities of COMERCIAL MACY’S CANARIAS, S.L., concerning these, or any support, sponsorship or recommendation of them.
6.- DURATION AND AMENDMENT OF THE WEBSITE AND OF THE LEGAL NOTICE
The delivery of services and information included in the Website, have an indefinite duration. However, COMERCIAL MACY’S CANARIAS, S.L. reserves the right, without previous notice to:
- Make the amendments that it deems appropriate in www.themintcompany.com, being able to change, delete or add content or services offered through the Website;
- Terminate, suspend or interrupt, at anytime, and without previous notice, the access to contents, without the possibility of the User to demand any compensation. Following said extinction, the prohibitions of use of the contents previously mentioned in the Legal Notice will still apply.
- Modify the terms and conditions stipulated here, totally or partially, publishing any change in the same way as the clauses of this Legal Notice, or through any communication channel for the Users. Therefore, the temporary duration of the Legal Notice, of the Agreement Conditions that regulate the use of a service or contents for the customers of COMERCIAL MACY’S CANARIAS, S.L. coincide with the time of publishing, until they are modified, totally or partially, when the modified will be valid.
When it is reasonable possible, the Users will be warned previously of the termination or suspension of the provision of services.
7.-FAILURE TO COMPLY WITH THE PROVISIONS OF THIS LEGAL NOTICE
COMERCIAL MACY’S CANARIAS, S.L. will pursue the breach of these provisions and the misuse of www.themintcompany.com, by means of all manner of civil and penal actions that may be applicable under the Law. Failure by the Company to exercise or enforce any rights or provision of this Legal Notice shall not be deemed to be a waiver of any such rights, unless recognized and agreed in writing.
8.-APPLICABLE LAW AND COMPETENT JURISDICTION
The relation established between COMERCIAL MACY’S CANARIAS, S.L. and the User will be subject to Spanish Law. Any dispute will be subject to the Courts and Tribunals of the address of COMERCIAL MACY’S CANARIAS, S.L., in the cases that the regulations admit the waiver of the applicable legal status.
Notwithstanding the aforementioned, both parts will do what is necessary to solve any disputes on amicable terms.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.