1.1. These legal conditions regulate the use and access conditions of the https website://www.nuriagimbernat.com (from now on the “place”), website owned by Núria Gimbernat, under the name Núria Gimbernat (from now on “Company”), duly registered.
1.2. Use of or access to this site implies that you (from now on “user”) acknowledges having read and understood the present legal conditions of use, and agrees to comply with them in their entirety.
1.3. If you as a user do not agree with any of the present conditions, you must stop accessing this site.
2. Ownership of the Site.
2.1. In accordance with the Law 34/2002, of July 11 and the rest of the applicable legislation, we inform you that this website https://www.nuriagimbernat.com is owned by Núria Gimbernat with NIF number 40306558R, under the trade name Núria Gimbernat Maymí, duly registered.
2.2. This entity has its registered office at C/ Domenech i Montaner 10-12 San Antonio de Calonge (17252), Girona, Spain
2.3. You can contact Núria Gimbernat at the email address firstname.lastname@example.org
2.4. Unless expressly established otherwise, communications with Núria Gimbernat can be made by ordinary mail to the indicated physical address or by email. The company will contact the user via email, to the address in your possession or provided to you in this regard.
3. Operation of the site.
3.1. Núria Gimbernat reserves the right to modify, anytime, unilaterally and without prior notification to its users, the contents, the structure, the operation or access conditions of this site.
3.2. However, the users of the site are aware and accept that some of the information contained in it could be incorrect, be incomplete or outdated, or contain typographical errors. Núria Gimbernat reserves the right to update the content of this site and will not be responsible for not updating the information.
3.3. Likewise, Núria Gimbernat reserves the right to temporarily suspend, without the need for prior notice, access to this site to carry out maintenance operations, update, improvement or repair.
3.4. It is prohibited for the user to use this website for sending, the transmission or publication of any illegal material, threatening, slandered, defamatory, propaganda, scandalous, obscene, pornographic, or any other material that could give rise to civil or criminal liability in accordance with the applicable legislation, these facts for which the user will in any case be responsible.
3.5. Núria Gimbernat also does not guarantee that this website or the servers that host it are free of viruses and other types of potentially dangerous software, as well as availability, continuity, usefulness and infallibility of the operation of this site, of its services or its contents; nor legality, reliability or usefulness of the information and content provided by third parties through this site.
3.6. In general, only natural and legal persons with sufficient legal capacity in accordance with the applicable legislation may use this site. Exceptionally, minors who have previously obtained the authorization of their parents or legal guardians may use the site, who will be responsible for the use of the site by the minor in their care.
4. User behavior. prohibitions.
4.1. The use of the contents and services offered by Núria Gimbernat will be at the exclusive risk and responsibility of the user.
4.2. The company does not assume any duty or commitment to verify or monitor the content and information entered by users.
4.3. The user undertakes to use the website and all its content and services in a diligent manner, always subject to the Law, to good manners, and to the present general conditions, always maintaining respect for other users.
4.4. Likewise, the user undertakes to make appropriate use of the materials and information contained in the website, not using them to carry out illegal or criminal activities, that infringe on the rights of third parties, or that infringe the regulation on intellectual and industrial property, or any other rule of the applicable legal system, being solely responsible to Núria Gimbernat and to third parties for non-compliance with what is established here.
4.5. The user undertakes not to transmit, to introduce, disseminate or make available to third parties, any type of material and information that is against the law, to morality, to public order and to the present general conditions of use.
4.6. Anyway, the user must always provide truthful information that cannot lead to any type of confusion, as well as correct identification data, and never impersonating or on behalf of third parties.
4.7. In relation to the infringement of any irregularity, remember that the IP address of your computer is recorded simply by accessing our website.
5. Protected areas of the website.
5.1. Generally, for access to Núria Gimbernat's services, user subscription or registration will not be necessary.
5.2. The use of certain services may be subject to the prior obtaining of a personal account through user registration. This registration will be carried out in the manner expressly indicated on the website.
5.3. This site may contain restricted access areas, protected by identifiers and passwords or other security mechanisms. The user will not attempt to access these restricted access areas if he is not duly authorized by Núria Gimbernat, nor will it attempt to evade or manipulate the protection mechanisms established by it.
5.4. The user who has been authorized by Núria Gimbernat to access any of these protected areas will be solely responsible for keeping it strictly confidential, and not disclose to third parties, the identifiers, passwords and other security methods that Núria Gimbernat makes available to access the protected areas. The user will therefore be solely responsible for the damages that arise from not keeping the aforementioned security mechanisms secret.
The user is informed that the unauthorized access attempt to the restricted access areas of this site may be subject to civil and/or criminal liability.
6. Intellectual and industrial property.
6.1. All site contents, including, by way of example and not limitation, trademarks, logo, graphics, images, sound and video files, software, programming code, texts, icones, and names that identify services (from now on “the materials”) they are the property of Núria Gimbernat and are protected by current legislation on intellectual and industrial property rights.
6.2. The user's access to this site does not imply any type of waiver, transmission or assignment, total or partial, of these property rights, for this reason, access to these contents or elements does not grant, under no circumstances, the user the possibility of its copy, sale, modification, reproduction, publication, cession, transmission, or creation of new products or services derived from the information and elements contained herein.
6.3. That is why the user of this site will not be able to, except with express written authorization from Núria Gimbernat, copy, to distribute, to download, Modify, suppress, erase, to alter, post, pass on, or take advantage of the materials it contains in any way.
6.4. The user does not acquire rights or licenses in relation to the service or the elements in it, except for the limited right to use the service in accordance with the applicable conditions. You may only use the contents or elements you access through Núria Gimbernat's services for your own use and needs, committing not to perform either directly, nor indirectly a commercial exploitation, nor services, nor the materials, elements, or information obtained through them.
7.1. In accordance with what is established by current legislation on the protection of personal data, Núria Gimbernat informs the user of the existence of a personal data file that contains the data that users enter on the site. Núria Gimbernat is responsible for the file.
7.2. The personal data that the user must provide are essential for sending orders and writing invoices. The absence of this data will lead to the automatic cancellation of orders. By registering on the page, the user undertakes to provide valid personal data, data that allow the provision of the service by Núria Gimbernat and the correct identification of the registered user, as well as the sending of information and advertising of the different products and offers that Núria Gimbernat may have on its website.
7.3. The user and owner of the data is informed, and gives his unequivocal consent, that by filling in the various forms your personal data will be incorporated into Núria Gimbernat's automated files, with the purpose of providing and offering our services as well as keeping the user informed about the products offered.
7.4. The user guarantees the authenticity of all the data communicated via https://www.nuriagimbernat.com and will keep the information provided to Núria Gimbernat updated, so that it responds at all times to its real situation, being solely responsible for any false or inaccurate statements made, as well as the damages caused by this reason to Núria Gimbernat or to third parties.
7.5. The acceptance of this legal notice implies the provision by the user of his express consent so that Núria Gimbernat can send him advertising communications, promotional or commercial by e-mail or other means of communication, in the terms established by the Law 34/2002, of Information Society and Electronic Mail Services. In the event that you are not interested in receiving this type of communications, you can contact Núria Gimbernat at the above address or at the email email@example.com, expressing his will.
7.6. Núria Gimbernat undertakes to comply with its obligation of secrecy with respect to personal data and the duty to treat them with confidentiality. For these purposes, it will adopt the reasonable security measures provided for by law to avoid its alteration, loss or unauthorized access.
7.7. The user will be able to exercise their access rights, rectification, cancellation and opposition of your personal data in the terms established in current legislation, through firstname.lastname@example.org or at C/ Domenech i Montaner 10-12 San Antonio de Calonge (17252), Girona, Spain
8. Cookies policy.
8.1. THE “Cookies” are text files that servers that host websites send to their users' browsers. Cookies cannot be executed and cannot contain viruses, and can only be read by the server hosting the website.
8.2. This site requires the use of “Cookies” for its correct operation.
9. Information transmitted by Users.
9.1. This site may contain public forums, chat rooms (“chats”) and other mechanisms through which users can express their opinion and exchange files in electronic format. The information, communications and files sent through these forums and rooms, together with email addresses and other communications disclosed by users shall not be considered confidential material.
9.2. When users transmit or post any type of information to this site, will be granting authorization to Núria Gimbernat to use this information, including without limitation, the use, reproduction, transmission, publication or sending of this information for any purpose, including, without limitation, the reproduction, revelation, transmission, publication or sending of this information.
9.3. Núria Gimbernat assumes no responsibility for the content of the information or communications sent by its users through these areas.
9.4. All opinions written by users are monitored by the marketing team. If the opinions received violate the law, ethics or morality (abusive advertising, defamation, insults, Off topic comments …), Núria Gimbernat reserves the right to reject or modify these opinions.
10. Exclusion of guarantees and Responsibilities.
10.1. All information contained in this site is administered “as it is”, without Núria Gimbernat granting guarantees of any kind, both express and implied, relating to accuracy, reliability and integrity of this site. Núria Gimbernat does not grant any guarantee, explicit or implicit, including, by way of example and not limitation, guarantees for non-compliance with quality, of merchantability or suitability for a particular purpose.
10.2. Núria Gimbernat also does not guarantee that this website, or to the servers that host it, are free of viruses and other potentially dangerous software.
10.3. Núria Gimbernat does not guarantee availability, continuity, usefulness and infallibility of the operation of this site, of its services or its contents; nor the reliability or usefulness of the information and content provided by third parties through this site. Despite the fact that Núria Gimbernat makes every reasonable effort to guarantee availability, access, continuity, and infallibility of the operation and its services, Núria Gimbernat does not guarantee the same, since they can be interfered by numerous factors outside of it. Accordingly, will not be responsible, (with the limits established in the current legal system), for damages of any kind caused to the user as a result of the aforementioned unavailability, access failures and lack of continuity.
11. Limitation of liability.
11.1. Núria Gimbernat will not be held responsible in any way for any direct or indirect damage, lost profits or loss of data and/or customers arising from the use by users or the impossibility of using this website.
11.2. This site may contain hypertext links (“Links”) and referrals to other sites and web pages that may not be controlled by Núria Gimbernat, in these cases Núria Gimbernat will not be held responsible for the content that may appear on these pages.
11.3. The user expressly agrees to exempt Núria Gimbernat from any responsibility for the acts or omissions of the user based on the content hosted on this site.
11.4. The user understands and expressly accepts that any type of content, software or any other type of material, that you download or otherwise obtain through this site is at your own risk, and that he as a user will be solely responsible for any damage or loss of data caused to his computer systems.
11.5. Núria Gimbernat has taken all reasonable measures to ensure that the information contained in this site is correct. However, users of the site agree to know that some of the information contained in this site could be incorrect, be incomplete or outdated, or contain errors.
12. Right of exclusion and partial nullity
12.1. Núria Gimbernat reserves the right to cancel, eliminate, or disallow the use of all or any of the website services to any user without prior notice if at its discretion, and in any kind of circumstance, he was using it incorrectly.
12.2. If a competent court decides that any of the provisions contained in these legal conditions are illegal or void, such provision shall be excluded if so required by law. The user expressly accepts that the rest of the provisions not excluded will not be modified, and that they will continue to be in full force.
13. Applicable Law and Jurisdiction.
13.1. This site is located in and is operated from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the principles of conflict of laws being applied. In those cases where the user does not have the status of consumer, or that has its address outside of Spain, Núria Gimbernat and the user submit to the Courts and Tribunals of Girona, with express waiver of any other jurisdiction that may apply to them.
13.2. If the user decides to use or consult this site from outside Spain, he must bear in mind that he is doing it on his own initiative, and that you are responsible for compliance with applicable local laws.
14. Duration and review.
14.1. Although the legal relationship between Núria Gimbernat and the user, derived from the access and use of the site, has an indefinite duration, this will be considered terminated when the company modifies these general conditions. At the time when the company announces the modification of the general conditions, and the user accesses and uses the services and contents of the site, a new legal relationship is considered initiated between both parties of an equally indefinite nature.
14.2. Without prejudice to the previous, the company Núria Gimbernat is empowered to suspend, interrupt, or terminate unilaterally, at any time and without the need for prior notice or just cause, the provision of any of the services it offers.