Conditions of use
1.1. Access to the website
Access to the Website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
1.2. Registered User Registration
In order to consult some of the contents of the Website as well as to purchase the products offered therein, it will be necessary for the User to register. However, browsing certain sections of this Website is not conditional upon the User's prior registration.
The data entered by the User during the registration process must be accurate, current and truthful. The registered User shall acquire the status of Registered User (hereinafter “the Registered User”) and shall be responsible at all times for the safekeeping of his or her password, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss thereof. For these purposes, access to restricted areas and/or use of the services and content made under the password of a Registered User shall be deemed to have been made by such Registered User, who shall in any event be liable for such access and use.
In the event that personal data of third parties is provided during registration, the User/Registered User declares by accepting these general terms and conditions that they have the consent of the third party to transfer his/her data.
1.3. My Account
Once the Registered User is successfully registered on the website, they can access “My Account” at any time. Through “My Account”, Registered Users can modify their personal data as well as the shipping details of orders or check if any orders are pending delivery.
In the “My Account” section, Registered Users can view the gift vouchers they have, view past orders and the option to cancel the account at any time by stating a reason why they wish to cancel it.
1.4. Rules of use of the Website
The User/Registered User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these Legal Conditions. Furthermore, the user undertakes to make appropriate use of the services and/or contents of the Website and not to use them for illicit or criminal activities that infringe the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable legal regulations.
The User/Registered User undertakes not to transmit, introduce, disseminate or make available to third parties any type of material and information (data, contents, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these Legal Conditions. By way of example, and in no way limiting or excluding, the User/Registered User undertakes to:
Refrain from introducing or disseminating content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violates human rights.
Refrain from introducing or disseminating on the network data programmes (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers or third party users of the Internet network.
Refrain from disseminating, transmitting or making available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognised in the constitution and in international treaties.
Refrain from disseminating, transmitting or making available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
Refrain from transmitting unsolicited or unauthorised advertising, promotional material, “junk mail”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as commercial spaces) which have been exclusively designed for this purpose.
Refrain from introducing or disseminating any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
Refrain from impersonating other Users by using their registration codes for the different services and/or contents of the Website.
Refrain from disseminating, transmitting or making available to third parties any type of information, element or content that violates the intellectual and industrial property rights, patents, trademarks or copyrights of the owners of the Website or third parties.
Refrain from disseminating, transmitting or making available to third parties any type of information, element or content that violates the secrecy of communications and personal data legislation.
In the event that the User/Registered User of the JOSELITO website provides third party data through a “billing address” different from the “shipping address”, they expressly state that they have the consent of this third party for the transfer of their data to JOSELITO for the sole purpose of sending information that the User/Registered User believes may be of interest to this third party, and JOSELITO STORE shall not be held responsible in any way for sending such information to the third party in question.
The User/Registered User undertakes to indemnify JOSELITO against any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User/Registered User’s breach of any of the rules of use indicated above, and JOSELITO also reserves the right to request the corresponding compensation for damages.
1.5. Exclusion of Liability
JOSELITO shall not be liable for any damage caused to the software and computer equipment of Users/Registered Users or third parties during the use of the services offered on the Website, nor for damages of any kind caused to the User/Registered User as a result of failures or disconnections in telecommunications networks that lead to the suspension, cancellation or interruption of the Website service during the provision of the same or prior to the same.
1.6. Intellectual and industrial property
All the contents of the Website, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of JOSELITO or of third parties, and none of the exploitation rights recognised by current legislation on intellectual property on the same may be understood to have been transferred to the User.
The trademarks, trade names or logos are owned by JOSELITO or third parties, and it may not be construed that access to the Website confers any rights over them.
2. Applicable law and competent jurisdiction
These General Terms and Conditions are governed by Spanish law. The parties agree to submit to the Courts and Tribunals of Salamanca, expressly waiving their own jurisdiction if they have one.