1. Legal information and acceptance
This legal notice regulates the use of this web-site (hereinafter, “gimaguas online”) that gimaguas studio sl (hereinafter, “gimaguas”) makes available to internet users.
Gimaguas with registered as:
Gimaguas Studio S.L.
Calle Rosellon 230
08008 Barcelona
B67332635
The acceptance of this legal notice implies that the user knows their terms and that he / she commits to comply with them. In no case, gimaguas online guarantees the availability or maintenance in the future of the services accessible through the store. Gimaguas online can at any time decide the interruption, suspension or definitive cancellation of this store without that for that reason any kind of compensation for the users is derived.
The electronic purchases made by users through this store, are subject to the general conditions of purchase (hereinafter, the “general purchase conditions”). These general purchase conditions constitute the main legal document of the purchase agreement and in them the rights and duties that users have as gimaguas online clients are regulated. It is convenient, therefore, that prior to the start of purchases in our store users read these general purchase conditions carefully. Gimaguas online can modify these general purchase conditions at any time. The modifications made will not affect, in any case, the purchases that the users have made prior to the approval of said modifications that will be governed in any case by the general conditions in force at the time of making these other purchases. It is the user’s responsibility to know the general purchase conditions in force at the time of the start of the purchase process.
The general purchase conditions and the other documents of the purchase agreement are available in spanish and english.
2. Intellectual and industrial property
All the contents of the store, understood by these as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “contents”), are the intellectual property of gimaguas online or of third parties, without which any of the exploitation rights recognized by the current regulations on intellectual property matters can be understood to be assigned to the users. Notwithstanding the foregoing, during the time users remain connected to the store, they may make use of said content to the extent that it is necessary for browsing and only when said content is accessible in accordance with the rules provided in this legal notice. . Once the user disconnects from our store, he will not retain any right of use over the previous contents.
The trademarks, trade names or distinctive signs are the property of gimaguas online, or third parties, without it being understood that access to the store attributes to the users any right over the mentioned brands, trade names and / or distinctive signs.
3. Conditions of use of the online store
3.1. General
Users of the online store are obliged to make proper use of the store in accordance with the law and this legal notice. The user who fails to comply with the law or this legal notice will respond to gimaguas online or against third parties, for any damages that may be caused as a result of breach of this obligation.
It is expressly forbidden to use the store for harmful purposes of goods or interests of gimaguas online; or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or products and software applications (software) of gimaguas online or third parties.
3.2. Contents
The users of the store undertake to use the contents in accordance with the law and this legal notice, as well as with the other conditions, regulations and instructions that may apply to certain services in accordance with the provisions of the clause 1
With a merely enunciative nature, users must refrain from:
– reproducing, copying, distributing, making available, communicating publicly, transforming or modifying the contents, except in cases authorized by law or expressly consented to by gimaguas online or by the owner of the exploitation rights, as the case may be.
– reproduce or copy for private use the content that may be considered as software or database in accordance with current legislation on intellectual property, as well as its public communication or made available to third parties when these acts necessarily imply reproduction by part of the user or a third party.
– extract and / or reuse all or a substantial part of the contents of the store as well as the databases that gimaguas online makes available to users.
3.3. Data collection forms
Notwithstanding the provisions of clause 6 of this legal notice, the use of certain services or requests are conditioned upon the prior completion of the corresponding user registration.
All information provided by the user through the forms of the store for the above purposes or any other must be true. For these purposes, the user guarantees the authenticity of all the data communicated and will keep the information provided perfectly updated so that it responds, at all times, to the real situation of the user. In any case, the user will be solely responsible for any false or inaccurate statements made and the damages caused to gimaguas online or to third parties for the information provided.
3.4. Introduction of links to the store
Internet users or service providers of the information society who wish to introduce links from their own web pages to the store must comply with the conditions detailed below:
– the link will only link to the home page or main page of the store but will not be able to reproduce it in any way (inline links, copy of the texts, graphics, etc). The web 2.0 type interaction systems offered by the shop to link with it are excepted from the foregoing.
– in any case, it will be prohibited, in accordance with the applicable legislation and in force at any time, to establish frames or frames of any kind that involve the store or allow the display of the contents through internet addresses other than those of the store and, in any case, when viewed together with contents outside the store in such a way that: (i) it produces, or may produce, error, confusion or deception in the users about the true origin of the service or contents; (ii) suppose an act of comparison or unfair imitation; (iii) serve to take advantage of gimagua’s brand reputation and prestige online; or (iv) in any other way is prohibited by current legislation.
– any type of false, inaccurate or incorrect statement about gimaguas online or about the gimaguas group companies, its partners, employees, members or about the quality of the services offered to users will not be made from the page that introduces the link.
– in no case, will be expressed on the page where the link is located that gimaguas online has given its consent for the insertion of the link or that otherwise sponsors, collaborates, verifies or supervises the services of the sender.
– it is forbidden the use of any word, graphic or mixed brand or any other distinctive sign of gimaguas online within the sender’s page except in cases permitted by law or expressly authorized by gimaguas online and whenever allowed, in these cases , a direct link to the store in the manner established in this clause.
– the page that establishes the link must faithfully comply with the law and can not under any circumstances dispose of or link to its own content or that of third parties that: (i) are illegal, harmful or contrary to morals and good customs (pornographic, violent , racists, etc.); (ii) induce or may induce in the user the false conception that gimaguas online or with gimaguas online business relations, endorses, adheres or in any way supports, the ideas, statements or expressions, lawful or unlawful, of the sender; (iii) they are inappropriate or not pertinent with the activity of gimaguas online in attention to the place, contents and thematic of the web page of the sender.
4. Exclusion of liability
4.1. Of the quality of the service
Access to the store does not imply an obligation on the part of gimaguas online to guarantee the total absence of viruses, worms or any other harmful third-party computer element (“malicious software” or “malware”) while browsing. It corresponds to the user, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
You can get information about free malware detection tools, such as viruses, trojans, etc. On the inteco website: http://cert.Inteco.Es/software/proteccion/utiles_gratuitos/
Gimaguas online does not take responsibility for the damages produced in the computer equipment of the users or third parties for acts of third parties during the provision of the service of the store.
4.2. Of the availability of the service
Access to the store requires services and supplies from third parties, including transportation through telecommunications networks whose reliability, quality, security, continuity and functioning does not correspond to gimaguas online. Therefore, the services provided through the store may be suspended, canceled or inaccessible, prior or simultaneous to the provision of the service of the store without the need for prior notification by gimaguas online. Notwithstanding the foregoing, in the case in which for any reason, gimaguas online ceased permanently in the provision of the services of the store, gimaguas online will make its best efforts to communicate this impact to registered users.
Gimaguas, will not be responsible for damages or losses of any kind produced in the user that bring cause of failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the service of the store during the provision of the same or with character previous.
4.3. Of the contents and services linked through the store
The store may include links that allow the user to access other internet pages and portals (hereinafter, “linked sites”). In these cases, gimaguas online acts as a provider of intermediation services in accordance with article 17 of law 34/2002, of july 11, services of the information society and electronic commerce (“lssi”) and only will be responsible for the content and services provided in the linked sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the user considers that there is a linked site with illicit or inappropriate content may communicate to gimaguas online in accordance with the procedure and effects set out in clause 6 of this legal notice, without in any case this communication entails the obligation to remove the corresponding link.
In any case, the existence of linked sites must presuppose the existence of agreements with those responsible or owners thereof, or the recommendation, promotion or identification of gimaguas online with the statements, content or services provided.
Gimaguas online does not know the contents and services of the linked sites and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the linked sites or by any other damage that is not directly attributable to gimaguas online for its own services.
4.4. From third-party content hosted by gimaguas online
The store includes or may include the possibility that users, registered or not, include comments on the products or, in any other way, participate by issuing personal opinions or certain information. In these cases, gimaguas online acts as provider of lodging intermediation services in accordance with article 16 of law 34/2002, of july 12, on services of the information society and electronic commerce (“lssi”) and will only be responsible for the content uploaded by other users to the extent that they have actual knowledge of the unlawfulness and have not removed the illegal content with due diligence. In the event that the user considers that there are comments or content uploaded by other illicit or inappropriate users may communicate it to gimaguas online in accordance with the procedure and effects set out in clause 6 of this legal notice, without in any case this communication entails the obligation to withdraw the corresponding comment or content.
In any case, the existence of comments or content from third parties must presuppose the existence of agreements with the authors of the same, or the recommendation, promotion or identification of gimaguas online with the statements or information provided.
4.5. Of the confidentiality of the information transmitted through the store
Gimaguas online has adopted the security measures legally required to guarantee the confidentiality and secrecy of the personal data that users provide in our store. Notwithstanding the above, the transmission of said data to gimaguas online circulates through telecommunications networks of third parties not controlled by gimaguas online. Additionally, the existence of malicious software on your computer may mean that such information may be forwarded or retrieved without your knowledge.
Gimaguas online is not responsible for the lack of confidentiality of the information transmitted by third-party telecommunications equipment and networks nor for the software or hardware vulnerabilities of the users’ own equipment.
5. Communication of activities or services of third parties of an illicit and inappropriate nature
In the event that the user or any other internet user has knowledge that the linked sites or any other third party service provided by gimaguas online (eg, user comments where permitted, etc.), are illegal, harmful, denigrating, violent or contrary to morality; or that any of the information included by the users themselves, through the services offered in the store, have a consideration equal to that described above, you can contact gimaguas online indicating the following points:
– personal data of the caller: name, address, telephone number and email address. These data will be treated with the sole purpose of managing your request and will be incorporated into a file of the responsibility of gimaguas online with the sole purpose of meeting your request. You may exercise your rights of access, rectification, cancellation and opposition in accordance with the provisions of the privacy policy. The omission of any of these data may mean that your request is not answered without prejudice to the voluntary inquiries that gimaguas would like to make online.
– description of the facts that reveal the illicit or inadequate nature of the linked site;
– in the case of violation of rights, such as intellectual and industrial property or any others whose existence could not be deduced by gimaguas online, the personal data of the owner of the infringed right when a person other than the communicating party as well as the representation document to act by the account holder when he is a person other than the communicator. Additionally, in these cases, the documentation proving the existence of the legally damaged title or asset must be provided;
– express declaration that the information contained in the claim is accurate.
The reception by gimaguas online of the communication foreseen in this clause will not imply, according to the provisions of the lssi, the effective knowledge of the activities and / or contents indicated by the communicator.
6. Data protection
Users who want to know what data processing is done in the store can consult our privacy policy.
7. Customer service
If you have any questions, suggestions, complaints or want to make any inquiries about our online store, contact the gimaguas customer service online by any of the following means:
Spain:
– by email to the address: help@gimaguas.com
In accordance with the provisions of article 27.3 of law 11/1998, of 9 july of protection, we inform you that there are complaint forms at your disposal at gimaguas’ registered office. Additionally, in all our stores there are claim sheets on behalf of the company that owns the establishment
Gimaguas online will resolve the claims addressed to it as soon as possible and, in any case, before the 30-day deadline.
