GENERAL CONDITIONS OF USE OF LIGHTINGSPAIN PLATFORM
The terms and conditions set forth below regulate the access and use of the electronic commerce platform lightingspain.com (hereinafter "the e-commerce platform" or "the platform") whose operation, and through which it provides services of the information society, the entity LIGHTINGSPAIN, S.L. carries out, (hereinafter LIGHTINGSPAIN), with Tax Identification Number (NIF) B98695786, with registered office and address for the purposes of notifications at Calle Dr. Fleming 6, Bajo Pta. 1, 46004-Valencia (Spain), registered in the Business Registry of
Valencia in the Journal: 799, Seat: 220, Volume: 9895, Folio 174, Inscription: 1, Sheet: V-163006, dated 12-01-2015.
Within the expression "e-commerce platform" or "platform" they are included -as to define but not to limit- the data, texts, graphs, images, animations, musical creations, videos, sounds, drawings, photographs, industrial designs, furniture designs and others included in it and, in general, all creations expressed by any mean or support, tangible or intangible.
The access to the platform implies that the user acquires a series of rights and obligations, in order to guarantee the suitable use of the general services, particular and contents found in it and that LIGHTINGSPAIN makes available to the user.
The user is conscious that the access and utilization of the services and contents of the platform are carried out under his only and sole responsibility.
The user’s condition is acquired by means of the access to the platform. The user will use the services and contents exclusively for personal purposes and/or because of his legal relationship that binds him to LIGHTINGSPAIN with the exclusion of any form of later use of them for profit or yield of any benefit, direct or indirect.
LIGHTINGSPAIN gives notice to the user of the following general conditions of use, which will be complemented by the particular conditions of purchase and / or those other particular conditions that in its case regulate the access and use of certain services or products, which are accepted expressly and fully by the user by the mere fact of accessing the platform and/or the visualization of the contents, purchase of products or use of the services contained in the platform. If these general conditions were replaced with others in everything or partly, such new general conditions or, as the case may be, the conditions of purchase or contracting, they will be understood accepted of identical way as the one set out above.
Nevertheless, the user of the platform must accede to these general conditions, to the particular conditions of purchase or contracting, and to those others that may be established, periodically to know the successive versions that are included here, although it is recommended that the user should accede to them whenever he intends to access, buy or make use of the services and contents of the platform.
In case the user does not accept these general conditions, the particular conditions of purchase or contracting and / or those that may be established, the user must refrain from accessing the platform and / or use its services and leave it.
The user will have to establish the security measures of technical character suitable to avoid actions not wished in his information system, files and computer equipment used to access Internet and, especially, the platform, being conscious that Internet is not totally safe.
A) OBJECT OF THE PLATFORM
LIGHTINGSPAIN, S.L., (hereinafter LIGHTINGSPAIN), is an entity constituted by the SPANISH FEDERATION OF ASSOCIATIONS OF INDUSTRIALISTS AND EXPORTERS OF DECORATIVE LIGHTING (FEDAI DEC) to carry out the exploitation of the electronic commerce platform (hereinafter "the e-commerce Platform" or "the Platform") owned by FEDAI DEC, through which the products of the companies of the sector of decorative lighting associated to said Federation are marketed.
In general the services and contents offered through the platform will be available in Spanish and English, without affecting the possibility –to LIGHTINGSPAIN’s reservation– of offering the same ones in the rest of official autonomic languages, as well as in any other language spoken in the European Union..
LIGHTINGSPAIN will be able to modify in a unilateral form and without previous notice, the rendering, configuration, content and services of the platform, as well as its conditions of use and the access to the products offered, services provided and particular conditions. In each case, LIGHTINGSPAIN, when it suits, will warn of such changes in the corresponding general conditions, in the particular conditions of purchase or contracting and / or in those others that in their case are established, as well as through communications to the user and through other texts of the platform.
The cost of the telephonic access or another type of expense for the connection to the access to the platform will be chargeable exclusively to the user.
B) RIGHTS AND OBLIGATIONS OF THE USER
- To access, for free and without need of previous authorization, the available contents and services as such of the platform, without affecting the technical, particular conditions or the need of the previous registration with regard to specific services and contents, as decided in these general conditions, in the particular conditions of purchase or contracting and/or in those others that in its case are established.
- To use the services and contents available for his exclusively particular use.
- To make a correct and lawful use of the platform, in accordance with current legislation, morality, good customs and public order.
- To access or to use the services and contents of the platform for the commission of actions that are illegal or contrary to current legislation, morality, good customs and public order, for purposes harmful to rights and freedoms of third parties, or that they could harm, damage or prevent by any way, the access to them, to the detriment of LIGHTINGSPAIN or third parties.
- To use the platform, total or partially, to promote, sell, contract, spread advertising or own information or of third persons without previous authorization and in writing of LIGHTINGSPAIN.
- To enter information in the platform or to use the existing services in it with the aim to infringe –directly or indirectly– the rights –and very specially the fundamental rights and public freedoms– of other users of the platform or of LIGHTINGSPAIN; that incite or promote the accomplishment of criminal, xenophobic, terrorist or degrading acts because of age, sex, religion or beliefs; or of pornographic, obscene, violent character or that infringe the law, the morality or the good customs. To these effects, by information it will be understood, as to define but not to limit: texts, graphs, images, videos, sounds, drawings, photographs, data, notes, and others.
- To include hyperlinks, in his particular or commercial web pages, to the platform, unless expressly authorized by LIGHTINGSPAIN.
- To use the services and contents offered through the platform in a way opposite to the general conditions of use, the particular conditions of purchase or contracting and/or those that may be established, and to the detriment or impairment of the rights of other users.
- To carry out any action that prevents or restricts the access to the platform for the users, as well as from the hyperlinks to the services and contents offered by LIGHTINGSPAIN or by third parties through the platform.
- To use any type of computer virus, code, software, computer program, computer equipment or of telecommunications, which could cause damages or alterations not authorized of the contents, programs or accessible systems through the platform or in the information systems, files and computer equipment of their users; or the access not authorized to any content and/or service of the platform.
- To eliminate or to modify anyhow the devices of protection or identification of LIGHTINGSPAIN or its legitimate holders that the contents lodged in the platform could contain, or the symbols that LIGHTINGSPAIN or the third parties that are legitimate holders of the rights incorporate into their creations object of intellectual or industrial property in the platform.
- To include, in web sites of his responsibility or ownership, “metatags” of brands, trade names or distinctive signs property of LIGHTINGSPAIN or third parties.
- To reproduce totally or partially the platform in another web site; it will not be allowed to make frames to the platform or to the web sites accessible through it that hide or modify –as to define but not to limit– contents, advertising spaces and brands of LIGHTINGSPAIN or of third parties, regardless of whether or not they mean acts of disloyal competition or of confusion.
- To create frames inside a web site of his responsibility or ownership that reproduce the main page and/or the pages accessible through it, corresponding to the platform, without LIGHTINGSPAIN’s previous authorization.
- To include in a web site of his responsibility or ownership a hyperlink that generates a window or session of the software of navigation used by a user of his web site, in which there are included brands, trade names or distinctive signs of his ownership and through which the main web page is shown or the accessible pages of the platform.
- To use the brand, trade names, as well as any other identifiable sign that is subject to rights of intellectual or industrial property, without the previous express authorization and in writing by its owner.
- To carry out any action which means the reproduction, distribution, copy, rent, public communication, transformation or any other similar action that involves the modification or alteration, of all or part of the contents and services of the platform or their economic exploitation, without the previous authorization and in writing by LIGHTINGSPAIN or by the third party owner of the rights of intellectual and industrial property that go to the services or contents of the platform and unless disposed in these general conditions, in the particular conditions of purchase or contracting and/or in those others that in its case are established.
- To modify the conditions of access and use of the platform, technical or not, unilaterally and without advance notice to the users.
- To establish particular conditions and, in its case, the demand of a price or other requirements for the access to certain services and/or contents.
- To limit, exclude or condition user access when they do not meet all the guarantees of correct use of the site in conformity with the obligations and bans assumed by them.
- To finish the provision of a service or supply of a content, without right to indemnification, when its use by users turns out to be illicit or against the conditions established for it, without prejudice to what has been arranged in the particular conditions that regulate the use of a certain service and/or content intended for users of the platform.
- To modify, suppress or update all or part of the contents or services offered through the site, without need of advance notice, without prejudice to what has been arranged in the particular conditions of purchase or contracting and/or those that regulate the use of a certain service and / or content intended for the users of the platform.
- To undertake any legal or judicial action that is suitable for the protection of the rights of both LIGHTINGSPAIN and third parties that provide their services or offer their contents or products through the platform, where appropriate.
- To demand the compensation that could derive from the undue or illicit use of all or part of the services and products provided through the platform.
- For the impossibility or difficulties of connection to the network of communications through which this platform turns out to be accessible, independently of the kind of connection used by the user.
- For the interruption, suspension or cancellation of the access to the platform, as well as for availability and continuity of the functioning of the platform or of the services and/or contents in it, when it is due (i) either to interruption of the service by technical maintenance of the platform, (ii) or to a cause outside the control scope of LIGHTINGSPAIN, whether it comes directly or indirectly from it.
- LIGHTINGSPAIN does not take any responsibility with respect to the services and contents, nor with regard to the availability and conditions, technical or not, of access to them, which are offered by third parties that are service providers, especially with respect to the service providers of the information society. Service providers of the information society shall mean those natural or legal persons which provide the following services to the public: (i) transmission, through a communication network, of data provided by the addressee of the service (ii) services of access to the mentioned network (iii) services of storage or housing of data (iv) supply of contents or information (v) service of temporary copy of the data requested by the users (vi) facilitation of links to contents or search tools.
- LIGHTINGSPAIN never takes responsibility for the damages that could be caused by the information, contents, products and services –as to define but not to limit– provided, communicated, lodged, transmitted, exhibited or offered by third parties foreign to LIGHTINGSPAIN –included the service providers of the information society– through a web site to which one may access by means of an existing link in this site.
- The processing and later use of personal data made by third parties outside LIGHTINGSPAIN, as well as the relevance of the information requested by them.
- The quality and speed of access to the platform and the technical conditions that the user must meet in order to be able to access the platform and its services, products and / or contents.
- LIGHTINGSPAIN will not be responsible for the delays or failures that would take place in the access and/or functioning of the services and/or contents of the web platform due to a case of Force Majeure. "Force Majeure" shall mean all causes that could not have been foreseen, or that were even foreseen to be unavoidable, and that result in the breach of any of its obligations. These include, but are not limited to, strikes, whether by their own workers or by other workers, insurrections or revolts, as well as rules issued by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
- The user will be personally responsible for the damages of any nature caused to LIGHTINGSPAIN directly or indirectly, for the breach of any of the obligations derived from these general conditions or other rules governing the use of the platform.
- The link will allow access only to the home page of the platform.
- With the intention of avoiding the confusion of the platform users it is banned to load any page belonging to the platform in one of the sections of another web page divided in frames, so that it provokes a distortion in the presentation of the platform inducing to confusion to the Internet users ("framing").
- The authorization to insert a link does not presuppose, in any case, consent to reproduce the visual and functional aspects ("look and feel") of the platform.
- It is also explicitly banned the creation of an environment or navigation bar on the pages that compose the platform without previous authorization.
- Appearance of the link: the hyperlink may only be a text. For the use of graphs or logos or trade names and brands a license to use the graphs or logos, trade names and brands will have to be obtained previously from LIGHTINGSPAIN and / or its legitimate owners. Anyhow, the text will have to express roundly that it links with the platform. As a rule, the look, the visual effect, the location and, in general, the characteristics of the hyperlink must show that it leads to a website of LIGHTINGSPAIN and that it is independent and is not bound by a relationship of collaboration, association, sponsorship, employment or any other type, to the web page that contains the hyperlink.
- Especially, the authorization for the insertion of hyperlinks to the platform will be contingent to the respect for the human dignity and freedom. The website in which the hyperlink is established will not contain illicit information or contents, contrary to morality and good customs and public order, nor contents contrary to any rights of third parties.
The user will be able:
In no case the user will be allowed:
C) RIGHTS AND OBLIGATIONS OF LIGHTINGSPAIN
LIGHTINGSPAIN reserves for itself the following rights:
D) COOKIES AND DEVICES FOR STORAGE AND RECOVERY OF DATA IN TERMINAL EQUIPMENT
E) LIGHTINGSPAIN EXEMPTION AND DISCLAIMER
LIGHTINGSPAIN remains exempt from any type of responsibility for damages of any nature, among others and without limitation, in the following cases:
F) INTELLECTUAL AND INDUSTRIAL PROPERTY
The user knows that the contents and services offered through the platform -including texts, graphs, images, animations, musical creations, videos, sounds, drawings, photographs, industrial and furniture designs, all the comments, displays and computer code of the same, with this enumeration not having a limitative character- are protected by the laws of intellectual and industrial property. This site’s copyright and its right of economic exploitation belongs to LIGHTINGSPAIN and / or third entities.
The brands, trade names or distinctive signs that appear in the platform are owned by LIGHTINGSPAIN and / or, in its case, third parties, and are protected by the laws of industrial property in force.
The provision of services and publication of the contents through the platform will not imply in any case the transfer, resignation or transmission, total or partial, of the ownership of the respective intellectual and industrial property rights by LIGHTINGSPAIN and/or its third parties legitimate holders.
Under no circumstances the user will be allowed to make a use or utilization of the services and contents existing in the platform that is not exclusively personal, except for the exceptions determined in the present general conditions of use or in the particular conditions LIGHTINGSPAIN wants to establish to regulate the acquisition of products or the use of a certain service and / or content offered through the platform.
No part of the platform may be reproduced, distributed, transmitted, copied, communicated publicly, transformed, in everything or partly by means of any system or method manual, electronic or mechanical (including the photocopy, recording or any system of recovery and storage of information) through any medium currently known or which is invented in the future, without LIGHTINGSPAIN’s consent. The use, under any modality, of all or part of the content of the platform remains subject to the need to request previous authorization of LIGHTINGSPAIN and/or third parties legitimate holders and to the acceptance of the respective license, in its case, except for what has been provided with respect to the rights recognized and granted to the user in these general conditions or so determined in the particular conditions LIGHTINGSPAIN wants to establish to regulate the acquisition of products or the use of a certain service and / or content offered through the platform.
If the action or omission, guilty or neglectful, directly or indirectly attributable to the user of the platform which originates the infraction of the intellectual and industrial property rights of LIGHTINGSPAIN or third parties –whether or not there is a benefit for him- causes
LIGHTINGSPAIN damages, losses, solidarity obligations, expenses of any nature, sanctions, coercive measures, fines and other quantities arisen or derived from any claim, demand, action, lawsuit or procedure, be civil, criminal or administrative, LIGHTINGSPAIN will have the right to go against the user through all the legal means within its reach and to claim any compensatory quantities, including –as to define but not to limit– moral damage and image, consequential damages and lost profits, advertising costs or of any other sort that may prove for their repair, amounts of sanctions or condemnatory sentences, interests for delay, the financing costs of all the amounts in which LIGHTINGSPAIN may turn out to be damaged, the judicial costs and the amount of the defense in any process in which LIGHTINGSPAIN could be sued for the reasons previously exposed, for the damages caused because of its performance or omission, without prejudice to exercise any other actions that may be in law.
The use of hyperlinks to the platform is only authorized by LIGHTINGSPAIN provided that the hyperlink is done in the following terms foreseen in the present Conditions:
In order to carry out links to this site in other conditions than those described in the previous section you must comply with the conditions indicated.
H) PERSONAL DATA PROTECTION
LIGHTINGSPAIN guarantees the confidentiality of the personal data provided by the users and its treatment according to the current legislation on personal data protection, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation or RGPD) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights.
The personal data collected through the platform will be incorporated to one or more registers of processing activity under the responsibility of LIGHTINGSPAIN.
The access, the contents and services offered through the platform have, in principle, an indefinite duration. LIGHTINGSPAIN, nevertheless, is authorized to consider it finished or to stop the access, services and/or contents of the same one at any time, without prejudice to what has been arranged on this matter in these General Conditions, the Particular Conditions of purchase or contracting and / or those that may be established.
J) COMPLETE AGREEMENT
These general conditions contain all the conditions agreed by the parties with relation to their object and it shall be considered as non-existent any statements, commitments or promises, verbal, written or implicit, previous to these conditions in relation to the object of the same.
The fact that LIGHTINGSPAIN does not demand in a certain moment compliance with any of the conditions established in these general conditions, in the particular conditions of purchase or contracting and / or in those others that may be established, cannot be interpreted by the user as the waiver to demand further compliance.
K) NULLITY AND ANNULABILITY
In the event that any clause of these general conditions, of the particular conditions of purchase or contracting and / or in those others that may be established, is voidable or null, totally or partially, this nullity or annulability will not affect the validity of the other clauses, which will remain with full effectiveness and validity, unless the party alleging nullity or annulability proves that, without the clause that is null or void, cannot be fulfilled the purposes pursued by these conditions.
These general conditions are governed by the Spanish legislation.
In the cases where the user acts in his condition as a businessman with a profit motive and a purpose related to his commercial activity, business, trade or profession, he expressly renounces to the jurisdiction that could correspond to him and submits himself expressly to the Courts and Tribunals of Valencia (Spain) to solve any controversy that could arise in the interpretation or execution of the present contractual conditions.
In cases where the user is a consumer in accordance with Article 3 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws (General Law on Consumers and Users), either individuals acting for purposes other than their commercial activity, business, trade or profession, or in the case of legal persons and entities without legal personality acting on a non-profit basis in a field unconnected with a commercial or business activity, the Courts and Tribunals of the consumer's and user's domicile shall apply.
Likewise, and in these cases, where the user is a consumer in accordance with the General Law on Consumers and Users, by virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013, on the resolution of online consumer disputes, the user is informed that, he may resort to the "Online Platform for Dispute Resolution" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by LIGHTINGSPAIN.
To access the "Online Platform for Dispute Resolution" you can do it through the following link: http://ec.europa.eu/consumers/odr/.