TERMS AND CONDITIONS OF ACCESS AND USE WEB SITE
I.- INTRODUCTION AND OBJECT Arot is a registered trademark that operates Jordi Mases Coberó with tax identification number: 380991855-F and address at Paseo de Fabra and Puig 197-4º-3ª, 08016 Barcelona (hereinafter Arot), which acts in the areas of distribution and trade of goods and services; and owns a website on the Internet (hereinafter, the website), through which it makes certain information available to its users as well as markets certain products and provides certain services. The website is accessible from several domains or Internet addresses, being the main one of them: https://www.art-arot.com Through the website, Arot facilitates its users access and use of various services and contents (hereinafter, the “services”) made available by Arot or by third parties. The present terms and conditions are intended to establish and regulate general access to the website, as well as the different content and services provided by Arot or by third parties from and / or through it. Both the access and the general use of the website attribute the condition of user thereof (hereinafter, the “user”), necessarily implying full and unreserved acceptance of each and every one of the provisions included in the general terms and conditions of access and use of it. The user is expressly aware and accepts that these conditions may experience variations in the future at the discretion of Arot and without any obligation of prior notice on their part. Consequently, it will be the sole responsibility of the User to verify the terms and conditions in force on each of the occasions in which he intends to use the website. The use of certain services offered to users through the website – in particular the transactional environment or on-line store of the website – is subject to particular conditions (hereinafter, the “particular conditions”), which, depending on the case , may replace, complete and / or modify these terms and conditions
II.- ACCESS AND REGISTRATION LEVELS OF USERS In general, mere access to the website may be free. However, Arot conditions, now or in the future, access to certain areas of the website and the use of all its services to the prior completion of the corresponding user registration form. For all purposes, access to the website through user identification through social networks will be considered user registration and necessarily implies acceptance without reservation or objection to these terms and conditions. Also, Arot may make available to users certain services for whose use may require the completion of additional records and / or satisfaction of certain monetary considerations. In your case, such registration will be made in the manner expressly indicated in the service itself or in the particular conditions that regulate it. Arot’s user status requires legal age of majority. The user states and declares -in any case-, have at least 18 years of age. The user guarantees the veracity of the previous manifestation, as well as the set of registration data provided to Arot and is responsible for maintaining them completely, updated while their condition lasts. In any case, the user will be solely responsible for false or inaccurate statements made and the damage caused to Arot or third parties for the information provided. Arot reserves the right to refuse registration on the website. This refusal will not entail any right to compensation. Once the registration process is completed successfully, Arot will register the user in its database of registered users. An account will be generated with your email address and associated “access keyword” for each user
III.- OBLIGATIONS OF THE USER The following obligations will be obligations of the user, without detriment to those arising from the clauses of this document: -the user will be obliged to guarantee the accuracy and accuracy of the registration data entered into the information systems of Arot and carry out as many updates as necessary. In any case, the user will be solely responsible for the false or inaccurate statements made and the damage caused to Arot or third parties for the information provided; -custodiar the “user” and the “password” diligently, preventing the access of third parties not authorized to them and therefore ensuring their confidentiality; -notify to Arot immediately any indication of the existence of a breach in the security website, of inappropriate or prohibited uses of the services provided from it, or security failures of any kind; -make good use of the contents, information and services provided from or through the website, in accordance with the law, good faith and generally accepted good practices, expressly committing to: 1- refrain from carrying out practices or uses of services with illicit, fraudulent, harmful purposes of rights or interests of Arot or third parties, violators of the rules contained in this contract or in the particular conditions that regulate any of the services provided from or through the website; 2 – refrain from carrying out any type of action that could render useless, overload or damage systems, equipment or services of the website or accessible directly or indirectly through the website; 3- respect the intellectual and industrial property rights of Arot and third parties regarding the contents, information and services provided from or through the website, abstaining in general terms from copying, distributing, reproducing or communicating in any way the same to third parties, if there is no express written authorization from Arot or the holders of said rights
IV.- INTELLECTUAL AND INDUSTRIAL PROPERTY All the software and the contents of the website, including: html code, texts, animations, images, etc. as well as the brands, trade names and / or distinctive signs shown, are the property of Arot or third parties and are protected by national and international intellectual and industrial property laws. Any use outside the website, including the reproduction, modification, distribution, transmission, reissue, arrangement or representation of any of its elements is strictly prohibited unless express written consent of Arot.
V.- EXCLUSION OF WARRANTIES Access to the website does not imply any type of guarantee, which is expressly refused by Arot, regarding the quality, veracity, accuracy, lawfulness, currency or validity, as well as the usefulness or adequacy to any purpose of who accesses them. Both the access to the website and the use that may be made of the information and contents included in it or that are accessible from it, are made under the sole responsibility of the user. Arot will not respond in any case and in any way, neither for direct or indirect damages, neither for emergent damage nor lost profit, for the possible damages derived from the use of the information and contents of the website or accessible from or through it. Arot DOES NOT guarantee in any way the quality, veracity, accuracy, lawfulness, timeliness or validity, as well as the usefulness or adequacy to any purpose of the contents that make up the website. Arot excludes, to the fullest extent permitted by law, any responsibility of any kind for the quality, veracity, accuracy, lawfulness, timeliness, validity or usefulness / adequacy to any purpose that the user could have attributed to the contents of the website. . The website may contain links to pages that, even within the website, are under the responsibility of third parties. Likewise, the website may contain links to external pages in any case to the same. In both cases, Arot can not control or supervise this content in any way. Arot excludes, to the fullest extent permitted by law, any responsibility of any kind, arising from the existence or possibility of access to such content. Also, Arot will not be in any case responsible, even indirectly or subsidiary, for products or services provided or offered by other persons or entities, or for content, information, communications, opinions or statements of any kind originated or discharged by third parties. and that are accessible through the Arot Websites.
VI. – SECURITY AND PRIVACY Arot will reasonably use the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc. However, the user understands and accepts the aspects that the provision of services through the Internet entails given the open, decentralized and global character of this communications network. For this reason, Arot does NOT guarantee the impregnability of its security systems or the privacy of the information stored in them. Arot excludes, to the fullest extent permitted by law, any responsibility of any kind for security failures on the WEBSITE and the consequences that may arise from them. Use of ‘cookies’: the Arot website uses ‘session cookies’ for the sole purpose of allowing and facilitating the user’s interaction with it. Likewise, the statistics services -whether own or others-, employed by the Arot website may use ‘cookies’ with the sole purpose of establishing metrics and patterns of use of the site. In neither case, Arot uses or accesses the ‘cookies’ for purposes other than those stated.
VII. – INTERRUPTIONS AND / OR SUSPENSION OF THE SYSTEM In general, the different services will be available uninterruptedly on the Internet. However, the user is aware that Arot DOES NOT guarantee this continuity in any way due to the nature of the medium through which they are provided. The User understands and accepts the aspects that the provision of services through the Internet entails given the open, decentralized and global character of the network. For example, but not limited to, some of the situations that may temporarily interrupt the provision of these services are listed below: maintenance tasks on the servers and / or data lines, server failures and / or data lines, deliberate attacks against the security and integrity of the system, computer viruses or presence of malicious code in the pages that make up that are not accessible from the website. Arot excludes, to the fullest extent permitted by law, any responsibility of any kind arising from the temporary interruption in the availability of the website on the Internet. The user is aware that Arot may at any time, at its sole discretion and without any obligation of prior notice, permanently suspend the presence of the website on the Internet and, therefore, the services provided from or through the same, without prejudice to what has been arranged in this regard in the corresponding special conditions. Arot is exempt from any type of liability of any kind arising from the consequences that may result from the definitive suspension of the provision of said services. Warning about product stocks displayed in the website’s online store: the website consists of an online store section that can display information about available product stocks. Said information is communicated, in each case, by the manufacturer or distributor thereof. Arot makes efforts to keep this information of stock on the website updated, based on the information transmitted at any time by the manufacturer or distributor, but can not guarantee at all times the adequacy to reality of the same because it is information from others, supplied by third parties.
VIII.- VOLUNTARY LOW, EXCLUSION AND RESPONSIBILITIES Any user may request their withdrawal, at any time, as a user of the website. Arot will have a period of 30 days to examine the situation of said user with respect to the totality of services to which he is subscribed, in his case, to issue an invoice for all those consumptions that upon receipt of the withdrawal request are found Aware of the payment. If there is no amount pending settlement and / or collection, the withdrawal will take effect immediately. Otherwise, the withdrawal will be subject to the effective collection of these amounts by Arot. The user is responsible for the good use of the website and the services contracted from or through it. Any use of the services to the contrary by the user, will lead to the immediate exclusion of the website with loss of its status as a registered user thereof, without any right to compensation and without prejudice to the corresponding legal actions that Arot has place. The falsity of personal and / or professional data provided by the user during the registration process on the website or any of the services provided from or through it may entail the immediate exclusion of the website with loss of its user status registered of the same, without right to compensation some and without prejudice of the corresponding legal actions to that on the part of Arot or of third parties there be place. Any type of action on the part of the user that could put at risk or damage systems, equipment or services accessible directly or indirectly through the website, will lead to its immediate exclusion from the same with loss of its registered user status, without right to indemnity and without prejudice to the corresponding legal actions that Arot took place. Any type of action by the user that violates these terms and conditions, the particular conditions that could regulate specific services, the law or generally accepted good practices, will lead to their immediate exclusion from the website with loss of their status as a registered user of the same, without the right to any indemnity and without prejudice to the corresponding legal actions that Arot may take place. The user will be solely responsible for any claim, legal action, judicial or extrajudicial, initiated by third parties both against the user and against Trigonos, based on uses of services contrary to law, morality, good faith and good habits generally accepted.
IX.- NOTIFICATIONS In order to make the appropriate notifications, Arot designates as the contact address the one specified as its own in the heading of these terms and conditions. The electronic mail provided by the user during the registration process on the website will be the one used by Arot for the purpose of notifying the user. The user is obliged to keep duly updated the data that for the purposes of notifications are referenced in this clause. All the notifications made by Arot to the user will be validly considered if they have been made using the data and through the aforementioned means. Arot is not responsible for any damage that may occur due to the violation of the user’s maintenance obligation updated contact information. X.- PROMOTIONS Arot may modify without prior notice the promotions and discounts generated by the existing promotions policies in its web pages, and reserves the right to cancel or cancel the discounts obtained if it suspects that they have been obtained in an illegitimate or fraudulent manner. In the same way, Arot reserves the right to cancel discounts and restore the original data of the users in the promotions if there are changes in the conditions of application and / or generation of the rules and promotions that have generated said discounts
XI.- VALIDITY AND COMPLETE AGREEMENT The declaration of nullity or invalidity of any stipulation contained in these terms and conditions, will not affect the validity and effectiveness of the other clauses. The present terms and conditions of the services provided by Arot through the website constitute the total agreement between the parties, being considered superior to any previous written or verbal agreement, understanding, affirmation, representation, negotiation or purpose of agreement in relation to this matter. XII.- APPLICABLE LAW AND JURISDICTION The present terms and conditions will be governed and interpreted in each and every one of its extremes by Spanish Law. Both Arot and the user undertake to try to resolve amicably any disagreement that may arise in the development of business relationships that are theirs. For the solution of any litigious issues that may arise from the development of the mercantile relations that are proper to them, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Barcelona, except, if applicable, mandatory legal submission to a party. SPECIAL CONDITIONS OF SALE I. SERVICE Arot prioritizes the satisfaction of its customers and wants to achieve it with excellent service. Therefore, it guarantees the quality of the delivered products and the delivery thereof in the terms mentioned below. In addition, we consider that the products correspond to what is detailed on the web. Help If you need help to make the purchase online or about a product, do not hesitate to contact us through our e-mail email@example.com, we will be happy to help you. Privacy All data provided by Arot customers will be treated with extreme privacy and will only be provided to third parties when necessary for the delivery of the order and when you give us your consent in relation to the contracting of services in which Arot intervenes exclusively as an intermediary . The banking information is processed directly by Pay Pal, the provider we have chosen for the electronic collection service because it is “the fastest and safest way to pay online”. Therefore, Arot will never see the credit card information of the clients, simply receive the payment and the details of the order to elaborate it. We reserve the right to use commercial data anonymously to study shopping habits and uses. II. ORDERS Price The price of the products will be the one indicated on our website at any time unless an error occurs All prices include VAT in force but exclude shipping costs that will vary depending on the number of products purchased and the country where the delivery is. Confirmation of the order Once the customer has made the payment corresponding to the order, a confirmation of the order will be sent to him in the form of an e-mail. III. PAYMENT Payment method Payments for orders can be made with a credit or debit card or with a Pay Pal account. It can also be made by bank transfer by paying the amount in our account. In case of doubt, you can send us an email to firstname.lastname@example.org IMPORTANT: IT IS NOT NECESSARY TO HAVE A PAY PAL ACCOUNT; THE CLIENT CAN PAY WITH CREDIT CARD (VISA, MASTERCARD, AMERICAN EXPRESS, DISCOVER or AURORA) OR BY BANK TRANSFER. Privacy and security Pay Pal is the most reliable, secure and fastest way to make online payments. In fact, since Pay Pal is the one who makes the payments directly to our customers, Arot will not have access to the bank details of the latter. Pay Pal enters the money and the necessary data to place the order. For more information visit www.paypal.com or contact us through the contact form. Refund Only will be refunded in case the product delivered is defective. In this case, the customer should contact us immediately through the contact form detailing the product as well as the defect it has. A courier will pick up the defective product and replace it with another similar product. If it is no longer available, you will be refunded the amount of the order.
IV. TRANSPORTATION Delivery of orders is subcontracted to Transabadell and GLS. Place of delivery The place of delivery will be that indicated by the customer in the order. If at the time of delivery is not in the address or there is no one to sign, they will try again later. Transabadell and GLS also request a contact telephone number to specify a delivery time. Term of delivery The delivery time in Spain is 2 to 4 working days from the working day after receiving the payment. The international delivery time in Europe is from 3 to 10 working days. Orders are confirmed when the order is paid. In addition, a confirmation email will be sent. Returns Returns will only be accepted in case the product delivered is defective and up to 15 days after receiving it. In the case of receiving a defective product, the customer should contact us immediately through the contact form, detailing the product and the defect. A courier will be sent to the customer’s address (or place of his choice) to pick it up and replace it. In this case, Arot will bear the transport costs. V. COMPANY For any question, complaint or suggestion, the client can contact us through the mail email@example.com