IDENTIFICATION OF THE OWNER AND GENERAL INFORMATION
These Terms and Conditions regulate access and acquisition of products on the website https: //www.liverootless.com/ (hereinafter, the “Website< /b>”) owned by LIVE ROOTLESS SL, administered and managed by the company itself, this being the entity that markets the products displayed therein and responsible for the contractual relationship maintained with the user for the acquisition of the products on the Website.
Entity:LIVE ROOTLESS SL (hereinafter, “ ROOTLESS™”)
Registered Office:C/ Reina Victoria 87, 5, 03201 ELCHE
CIF: B02888998
Public Registry:Commercial Registry of Alicante, Volume 4349, Folio 120, Sheet A-172977, First registration.
E-mail: contacto@liverootless.com< /span>
Without prejudice to the foregoing, depending on the product that the user has purchased, the user may be subject to particular conditions depending on the characteristics of the product or the website to which he or she may be redirected by such products. In any case, the user will be fully informed of the entity that has marketed the product, which will be responsible for the contractual relationship.
OBJECT
This document establishes the terms and conditions (hereinafter, the “Terms and Conditions”) that will regulate navigation through the Website and the acquisition of any of the products offered by ROOTLESS™ through the Website by users.
Any issue that has not been expressly provided for in these Terms and Conditions will be understood to be reserved for ROOTLESS™, without prejudice to the application of the provisions of current regulations.
Likewise, ROOTLESS™ reserves the right to carry carry out modifications or updates to these Terms and Conditions, of which the user will be previously informed for acceptance or rejection if they are substantial. The user will be deemed to expressly accept such modifications or updates if they place a new order or browse through the Website.
If accepted by the user, the new Terms and Conditions will fully replace the previous ones in force until that moment, beginning to take effect at the moment the user browses the Website, also being reflected in the new orders that the user user requests from the date of acceptance of said Terms and Conditions.
Marking the corresponding box regarding acceptance of these Terms and Conditions, as well as following all the steps thereof electronically, implies express acceptance of them by the user, having the same validity as their handwritten signature. In this way, the user acknowledges that he or she is a person with sufficient capacity to acquire the obligations derived from his or her actions through the Website, who has previously read and understands its content.
In any case, to be able to contract with ROOTLESS™ , the user must be of legal age (≥ sixteen (16) years) and have the necessary legal capacity to sign contracts.
ACCESS TO THE WEBSITE
Access to the Website is completely free, requiring the user only the data necessary to manage their purchases. Access to the Website by minors under the age indicated above is prohibited. However, in the event of access to the Website by a minor, it will be presumed that said access has been made with prior and express authorization from their parents, guardians or legal representatives, without prejudice to ROOTLESS™ reserves the right to carry out any verifications it deems appropriate.
Access to and navigation on the Website does not require registration, although to make any purchase or to receive advertising, information and periodic offers of promotional campaigns and our products, it will be necessary to complete the web forms enabled for this purpose.
The data provided by users must be truthful. In the event that said information is incomplete, inaccurate or false, users undertake to hold ROOTLESS™ against any damages and claims from third parties that may arise as a result of the inaccuracy or falsehood of the data provided. Under no circumstances will ROOTLESS™ be responsible for the veracity of the data provided by users, so each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of quality of the data.
ELECTRONIC CONTRACTING
In accordance with the provisions of article 23 of Law 34/2002, of July 11, on information society services and electronic commerce, contracts entered into electronically will produce all the effects provided for by the legal system when consent and other requirements necessary for its validity are met.
In any case, the electronic medium containing the contract concluded electronically will be admissible as documentary evidence in the event of a dispute between the parties.
The contract between the user and ROOTLESS™ is understood perfected from the moment the user completes the contracting procedure by pressing the “Buy” button, or button for this purpose, understanding that the monitoring of all phases of the electronic contracting procedure and the inclusion of all the requested data entails , together with the marking of the corresponding box relating to the acceptance of these Terms and Conditions, a direct, express and unequivocal manifestation of the user's willingness to accept them.
Likewise, in accordance with the provisions of article 27 of Law 34/2002, on information society services and electronic commerce, it is made available to users, prior to the start of the contracting procedure, all the information related to it, which will only be applicable if the user decides to proceed with the contract through the Website.
PREVIOUS INFORMATION
These Terms and Conditions are available to all users of the Website from the following linkfree of charge.
Access to the contracting process is completely free, with no additional associated costs, apart from the user's own costs related to Internet access.
All marketed products are perfectly described in their corresponding product sheets made available to users, not including those issues that have not been expressly indicated therein.
ROOTLESS™ will archive the electronic document in which the contract is formalized. Said electronic document will be accessible to the user through a link that will be provided, from where it can be downloaded and printed and where these Terms and Conditions will be included. Likewise, ROOTLESS™ will send an email to the user in which will confirm the effective completion of the purchase, along with the corresponding invoice.
ROOTLESS™ will introduce appropriate and sufficient technical means to identify and correct technical errors in the information management as soon as it results from their responsibility.
The language in which the contracting procedure will be processed and in which the corresponding contract will be formalized will be Spanish, unless otherwise indicated.
PURCHASE PROCEDURE
The contracting procedure for the products offered is carried out electronically through the Website. Any person with Internet access can make the purchase, with all products offered through the Website being publicly accessible, without any restriction on their viewing.
The complete procedure that must be followed by all users who wish to purchase any of the products offered through the Website will consist of effectively carrying out the following steps:
Once the user has accessed the Website, they must select those products that interest them, it being very important that they review their descriptions, as well as their characteristics, conditions, delivery times and final prices indicated in the descriptive sheet of each product, and specify the units you want from each of them.
Once the desired products and units have been selected, if the user wishes to personalize them, they must select the personalization of each of them from the alternatives provided.
In this way, the products, customizable or not, that you have selected will be added to your shopping “Cart” on the Website, and the user will be able to continue with their purchase and all the selected products will be included in said “Cart”.
The user will be able to access their “Cart” at any time, which is located in the upper right corner of the page.
Immediately afterwards, and once all the products they wish to purchase have been selected, the user must begin the electronic purchasing process, for which they must simply click on the “Buy” button, being redirected to the forms that must be completed to complete the purchase.
In order to continue with the purchase, it is necessary to have all the user's data.
Likewise, the user must complete the data related to the control of billing and shipping of the products. To this end, the user will go to a screen in which a series of personal and banking information will be required, as well as the selection between a series of options offered by ROOTLESS™, the completion of which is essential to complete the purchase of the products through the Website.
Regarding the “Payment Method” tab, the user must only enter the desired payment method from among those offered by ROOTLESS™ on the Website, which are the following: debit/credit card (VISA, Mastercard or American Express) or through Paypal.
At no time will ROOTLESS™ have access to your data banking, these being directly managed by the corresponding banking entities.
After purchasing the selected products, once all the steps described have been completed, the user will be sent an email confirming their order, the delivery conditions and the contracting conditions.
PRODUCT CHARACTERISTICS
Without prejudice to the different products that may be offered on the Website, ROOTLESS™ , in particular, markets jewelry products and customizable items, such as, but not limited to; keychains, necklaces and/or rings. For more information visit the product sheets.
ECONOMIC CONDITIONS
PRICES
The current price of the products will be the one indicated at all times on the Website along with its description, and will be publicly accessible to view it.
All prices are shown in euros, unless otherwise stated.
The price shown is the final price, expressly including Value Added Tax (VAT) and any other applicable expenses. The final price will include all applicable increases or discounts, expenses passed on to the user and additional expenses for accessory services, payment methods, etc. In any case, all these amounts will be shown to the user in a breakdown during the contracting process.
The VAT in force at all times that is applicable to them in accordance with the corresponding legislation will be applied to the products and, in any case, its amount will be indicated prior to completing the purchase procedure.
Notwithstanding the above, VAT will be deducted for all purchases made by users in the territories of the Canary Islands, Ceuta or Melilla, without prejudice to the possible taxes that may apply in said territories. In these cases, the final price indicated on the Website will not include the VAT/tax applicable to each specific case.
SUBSCRIPTION AND BILLING
Once the user has contracted any of the products corresponding to the Website and paid the payment through any of the methods made available to users by ROOTLESS™, it will send the user an email in which all the information related to the products purchased, their price and applicable taxes.
In any case, the payment of financial amounts through the Internet will be carried out through the platform provided by an external financial entity, which in any case will be hosted on a website under a secure SSL protocol. For identification, confirm that the web address of the page from which you will make the payment begins with https://.
The contract will only be effective when ROOTLESS™ receives confirmation of payment by the bank that owns secure payment. If the transaction is denied by said entity for any reason, or the full amount corresponding to the amount of the products is not provided (including surcharges for management expenses and bank transfer commissions), the contracting will be suspended, informing the user that the transaction has not been finalized.
Once full payment is received, ROOTLESS™ will forward the invoice corresponding to the contract made to the user's email automatically. By accepting these Terms and Conditions, the user expresses his or her express consent to receive the invoice electronically. If the user wants the invoice in paper, they can contact ROOTLESS™ at the addresses indicated in the heading, indicating the postal address to which the invoice should be sent.
Likewise, in accordance with current legislation, ROOTLESS™ You will not be able to subsequently modify the billing of sales made. Therefore, the invoice will be issued in the name of the natural person who purchases the products, so the user must make sure to place the order under the correct name, and duplicate invoices cannot be issued to send to third parties.
DELIVERY CONDITIONS OF THE PURCHASED PRODUCTS
HOME DELIVERY
Home delivery of the purchased products will, by default, be made to the physical address indicated by the user.
Home delivery may entail an additional cost for shipping costs, which will be calculated based on the products purchased, and which in any case will be shown to the user during the contracting procedure. The products will be delivered to the address indicated by the user, within the period to be determined below:
|
Destination
|
Operator
Logistic
|
Price
Shipment
|
Preparation time
Of the order
|
Time of
Shipment
|
Shipment
Free Starting
|
Free Return
starting
|
|
Spain
|
Correos Express®
|
€4.99
|
24 hours (business days)
|
1 day (business days)
|
70
|
70
|
|
Spain (Balearic Islands)
|
Correos Express®
|
€5.99
|
24 hours (business days)
|
2-3 days (business days)
|
70
|
70
|
|
Spain (Canary Islands)
|
UPS Express®
|
€24.99
|
24 hours (business days)
|
3-5 days (business days)
|
100
|
100
|
|
Portugal
|
Correos Express®
|
€4.99
|
24 hours (business days)
|
1-2 days (business days)
|
70
|
70
|
|
Germany, Austria, Belgium,
Czech Republic, France,
Italy, Luxembourg, Monaco, Netherlands and Poland
|
UPS® Standard
|
€9.99
|
24 hours (business days)
|
3-5 days (business days)
|
70
|
70
|
|
UPS Express®
|
€14.99
|
24 hours (business days)
|
1-3 days (business days)
|
-
|
70
|
|
Bulgaria,
Croatia, Denmark,
Slovakia, Slovenia, Estonia, Finland, Greece,
Hungary, Latvia, Lithuania, Romania and Sweden.
|
UPS® Standard
|
€9.99
|
24 hours (business days)
|
3-5 days (business days)
|
70
|
70
|
|
UPS Express®
|
€21.99
|
24 hours (business days)
|
1-3 days (business days)
|
-
|
70
|
|
United Kingdom
|
UPS® Standard
|
€14.99
|
24 hours (business days)
|
3-5 days (business days)
|
100
|
100
|
|
UPS Express®
|
€18.99
|
24 hours (business days)
|
1-3 days (business days)
|
-
|
100
|
|
Rest of the world
|
UPS Worldwide Express®
|
€24.99
|
24 hours (business days)
|
3-5 days (business days)
|
100
|
100
|
Notwithstanding the above, ROOTLESS™ cannot control shipments once they have been delivered to the corresponding postal service, so it will not be responsible for any delay in delivery when the order would have been delivered to that service on time.
The Website is accessible and the products are available from any territory in the world, although the user who is in a territory other than Spain will be redirected to the web domain corresponding to the territory in which they are located, if ROOTLESS™ operates in said territory, solely for the purposes of its shipment, whose deadlines and expenses will be subject to the provisions of the conditions of the corresponding website, so it is the sole responsibility of the user to consult them. For clarification purposes and without prejudice to the costs and deadlines related to shipping established on the corresponding websites, the price provided on the Website will be applicable to all users regardless of the territory from which they make the purchase.
If the user is not at the designated address at the time of delivery, our courier provider will contact the user to find a solution.
1. Delivery times
to. Delivery times are always subject to the correct and normal functioning and logistical development of the preparation and shipping process.
b. Delivery speed may vary depending on the volume of orders existing at any given time.
We strive to meet estimated timelines, but cannot guarantee exact times due to possible circumstances beyond our control.
2. Shipping Fees:
to. Shipping rates are subject to change during promotions.
b. We recommend that you consult our Frequently Asked Questions/Promotions section to verify the rates applicable to each offer.
c. We reserve the right to adjust shipping rates as necessary and will communicate any changes transparently.
3. Special promotions:
to. During promotional events such as Black Friday/Valentine's Day, order volume can be significantly high.
b. We warn that delivery times may be delayed due to the large volume of orders.
c. We make every effort to efficiently handle orders during these events and ensure a satisfactory experience.
GUARANTEES AND RETURNS
All products offered are original products, with a manufacturer's warranty and without any defect, with their legally recognized warranty periods.
Consumer regulations recognize in favor of consumers and users a legal warranty period of two (2) years from the delivery of the product. If the defect appears after six (6) months from the delivery of the product, the user must demonstrate to the manufacturer or seller that the failure, defect or lack of conformity already existed when the product was delivered.
If the product does not comply with the contract, the user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the user communicates to ROOTLESS™ the option chosen, both parties will have to abide by it.
In case of opting for repair, if once this is completed and the product is delivered, it is still not in accordance with the contract, the user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract. .
The user who wishes to return the product when encountering a marketed product that shows some damage must follow the following steps:
The user must communicate to ROOTLESS™ through the following email:contacto@liverootless.com your desire to return the product through any of the customer service channels, completing the return form that will be provided to you.
Once the return request is received, ROOTLESS™ will send an email to the user in the shortest possible time confirming that their request has been received, informing them whether or not to return the product in accordance with the provisions of the applicable regulations and with the use that the user has made of the product. If the return is appropriate, ROOTLESS™ will inform the user the method of collection or delivery of the product to their offices/warehouses.
The offices/warehouses to which users can send the defective product are the following:
Office in Spain: C/ Juan de la Cierva 31, 2a. Torrellano Industrial Estate 03203 Elche, Alicante
Each product to be returned must have been used correctly and in accordance with its nature and characteristics, with the instructions for use provided by ROOTLESS ™ on its website or in any other information element provided to the user. Incorrect handling or handling contrary to these instructions or to the nature of the product may lead to the denial of the return. In addition, the user must keep the original labels, packaging and, where applicable, documentation and accessory elements incorporated or accompanying the product, so that ROOTLESS< /b>™ can determine that it is the original product purchased by the user and evaluate whether it has been used correctly and in accordance with the instructions for use provided by ROOTLESS™. In the event that the user does not return the product along with its original packaging, labels, documentation and/or accessory elements incorporated or accompanying the product, it is possible that the latter will suffer a depreciation that must be borne by the user in accordance with the that establishes the applicable regulations at all times.
In particular, it is considered incorrect use of the product if it is washed with solvents not suitable for the material of which they are composed, if it is subjected to embers or temperatures higher than those that are appropriate according to its nature, carelessness (bumps, dents, crushing, etc.), unjustified repair or modification.
Please note that ROOTLESS™ during the warranty period will not be responsible for: aesthetic changes that occur due to wear and tear normal, aging (small scratches, etc.) and color alteration, such as subtle color changes in the coating, etc. and failure or damage caused by fire or water, or a natural disaster such as an earthquake.
Once the product has been received and the condition of the product or the defects alleged by the user have been verified, ROOTLESS™ will repair or replace the product, in accordance with the option selected by the user, unless one of these two options is objectively impossible or disproportionate.
Replacement, repair, sending a new model, termination of contract or any other solution chosen by the user in accordance with the provisions of the applicable regulations at any time will not imply additional costs for the user.
If the user terminates the contract, ROOTLESS™ will take carry out the refund of the entire amount paid to the user for the purchase of the non-conforming product (including shipping costs).
ROOTLESS™ informs users that the term for the refund of amounts paid will depend of the payment method used by the user when purchasing the product:
If the user has made the payment by credit/debit card, ROOTLESS™< /b> will refund the amount paid once the product has been received in the shortest possible time and always within a period of fifteen (15) calendar days from when the user decided to terminate the contract.
If the user has made the payment through Paypal, ROOTLESS™< span> will return the amount paid within a period of fifteen (15) days from when the user decided to terminate the contract.
WITHDRAWAL
In accordance with the provisions of article 103 section c) of Royal Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users (hereinafter, “ LGDCU”, when the product purchased by the user has been personalized or has been made in accordance with the user specifications, it will not be possible to exercise the right of withdrawal.
ROOTLESS™ will inform the user about those products that will be considered personalized products and that Therefore, the right of withdrawal does not apply to them.
When the products purchased are not customizable or, despite being customizable, they are prefabricated products offered to users without them providing specifications, users will have the right to withdraw from the contract during a period of fourteen (14) calendar days without indicate the reason and without incurring any cost, unless the user has expressly selected a delivery method other than the least expensive ordinary delivery method, in which case ROOTLESS ™ will not be obliged to reimburse any additional costs resulting from this.
If the user has jointly acquired customizable products and non-customizable products, they will only have the right to withdraw with respect to the latter, and this right will not be exercised with respect to the former.
CUSTOMER SERVICE
ROOTLESS™, as responsible for the Website and in charge of the marketing and sale of the products offered therein, makes customer service available to users in Spanish and English, in which due attention will be given to all queries, complaints, claims and suggestions raised in relation to the purchase of the products. through the Website.
Specifically, the contact methods made available to users are the following:
· Website: Available twenty-four (24) hours a day, seven (7) days a week.
· Email: contacto@liverootless.com< /span>. Available twenty-four (24) hours a day, seven (7) days a week.
Once we receive the user's communication, we will send you an email in which we will inform you of its receipt. In this sense, we will try to respond to the claims or queries received in the shortest possible time, which in no case will exceed one (1) month from the time the user submitted the claim or query.
There are complaint forms available to the consumer or user.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
ROOTLESS™ is the owner or, where applicable, has the corresponding licenses for the rights to exploit intellectual and industrial property of the Website, as well as all content offered therein, including the platform itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content , and the services available through it.
In no case will it be understood that access, navigation and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through it implies a waiver, transmission, license, authorization or total or partial transfer of said rights by ROOTLESS™. The user has the right to use the contents and/or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the services provided in accordance with these Terms and Conditions.
References to trademarks or registered trade names, or other distinctive signs, whether owned by ROOTLESS™ or third-party companies, implicitly prohibit their use without the consent of ROOTLESS™ or its legitimate owners. At no time, unless expressly stated to the contrary, access, navigation or use of the Website and/or its contents confers on the user any right over distinctive signs included therein.
All intellectual and industrial property rights on the contents and/or services of the Website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form. , all or part of the contents included on the Website, for public or commercial purposes, if there is no prior, express and written authorization from ROOTLESS ™ or, where applicable, the owner of the corresponding rights.
Likewise, it is prohibited to delete or manipulate the copyright indications or other credits that identify the rights holders of the content that the user finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism. or information incorporated into the contents offered on the Website.
In the event that the user sends information of any kind to ROOTLESS™ through any of the channels enabled for this purpose, the user declares, guarantees and accepts that he or she has the right to do so freely, that said information does not infringe any intellectual or industrial property right, commercial secret or any other proprietary rights. third parties, and that said information is not confidential nor is it harmful to third parties.
The user acknowledges assuming responsibility, leaving ROOTLESS™ < span>for any communication that you provide personally or on your behalf, said responsibility reaching without restriction the accuracy, legality, originality and ownership of the same.
If the user becomes aware of the existence of any illicit, illegal content, contrary to the law or that could constitute an infringement of intellectual and/or industrial property rights, they must immediately notify ROOTLESS™ via the email address contacto@liverootless.com so that it can proceed to adopt the appropriate measures.
Likewise, in the event that any user or third party considers that any of the contents of the Website are property of ROOTLESS™ violates your intellectual and/or industrial property rights, as well as any other rights, you must send a communication to contacto@liverootless.com with the following information:
· Identifying data and means of contact of the claimant or his legal representative.
· Documentation that proves your status as the owner of the rights allegedly infringed.
· Detailed account of the rights allegedly infringed by ROOTLESS™, as well as its exact location within the Website.
· Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the supposedly infringed rights.
LINKS
LINKS TO OTHER WEB PAGES
In the event that the Website displays links or products that link to other web pages through different buttons,links,< /span>bannersor embedded contents, ROOTLESS™ informs that these are directly managed by third parties, not having ROOTLESS™ nor human or technical means to know in advance or control or approve all the information, content, products or services provided by other platforms to which links can be established from the Website.
Consequently, ROOTLESS™ will not be able to assume any type of responsibility for any aspect related to the platform or web page to which a link could be established from the Website, specifically, by way of example and not limitation, regarding its operation, access, data, information, files, quality and reliability. of its products and services, its own links or any of its contents, in general.
In this sense, if users have effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality or public order, they must immediately notify ROOTLESS™ in order to proceed to disable the access link to them, an action that is will be carried out in the shortest possible time.
In any case, the establishment of any type of link from the Website to another external web page will not imply that there is any type of relationship, collaboration or dependency between ROOTLESS™ and the person responsible for said third-party website.
ROOTLESS™ warns users that the platforms or web pages to which may establish a link from the Website have their own terms and conditions of use and contracting. ROOTLESS™ does not control nor assume any responsibility for the content of said platforms and web pages or by the content of their terms and conditions, so it will be the responsibility of users to consult them in each case before using them.
LINKS TO THE ROOTLESS CHANNEL™ ON OTHER PLATFORMS AND SOCIAL NETWORKS
ROOTLESS™ makes available to users, through different tools and applications, linking means that allow users to access the channels and pages of the Website that ROOTLESS™ maintains on different platforms and social networks owned or managed by third parties (e.g. Facebook, Instagram, YouTube, Twitter, Pinterest, Google+, etc.). The sole purpose of the inclusion of these links on the Website is to facilitate users' access to said channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between ROOTLESS™ and the owner, manufacturer or distributor of the linked platform, as well as the acceptance and approval by ROOTLESS™ of its contents or services, with its owner, manufacturer or distributor being solely responsible for them.
In no case ROOTLESS™ share with Facebook, Twitter or any other social network that is incorporated in the future any type of private information about its users, its sole purpose being that established in these Terms and Conditions, as well as in the Privacy Policy of the Website. In this sense, all the information that the user himself wishes to provide to these platforms will be under his own responsibility, without intervening ROOTLESS™ in said process.
The activation and use of these applications may entail the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and beyond the control of ROOTLESS™. By accessing these external networks, the user enters an environment not controlled by ROOTLESS™, so ROOTLESS™ will not assume no responsibility for the security configuration of such environments.
Since ROOTLESS™ does not have any control over the content hosted on said channels, the user acknowledges and accepts that ROOTLESS™ does not assume any responsibility for the content or services that the user can access on said pages, nor for any content, products, services, advertising, or any other material available therein. For this reason, the user must exercise extreme caution in the assessment and use of the information, content and services existing in the linked channels, and regarding the information of their own or of third parties that they wish to share on said channels.
LINKS ON OTHER WEB PAGES TO THE WEBSITE
ROOTLESS™ does not authorize the establishment of a link to the Website from those pages that contain materials, information or content that are illicit, illegal, degrading, obscene and, in general, that contravene laws, morality or public order, or generally accepted social norms.
In any case, users may establish links on their respective web pages that direct to the Website, as long as they comply with the following conditions: a) the link may not reproduce the content of the Website or parts of it in any way. shape; b) it is not allowed to create abrowsernor aborder environmenton the sections of the Website, nor may the Website be modified in any other way; c) it is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, declare or imply that ROOTLESS™ has authorized the link or has supervised or assumed in any way the content or services offered or made available on the website on which it is establishes said link; d) the web page on which the link to the Website is established will not contain illegal information or content, contrary to generally accepted morality and good customs and public order, nor will it contain content contrary to any third party rights, including those intellectual and industrial property rights and/or the right to honor, personal or family privacy or one's own image or any other right, or content contrary to the regulations governing the protection of personal data.
ROOTLESS™ does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. ROOTLESS™ does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website, specifically, by way of example and not limitation, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
RULES OF USE OF THE WEBSITE
Access to or use of the Website for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, its consequences will be the sole responsibility of the user. In particular, and without the following list being absolute, it is prohibited:
· Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party.
· Use the Website to transmit, install or publish any virus, malicious code or other harmful programs or files.
· Use the Website to collect personal data from other users.
· Use the Website illegally, against good faith, morality and public order.
· Register through the Website with a false identity, impersonating third parties or using a profile or carrying out any other action that may confuse other users about the identity of the origin of a message.
· Access without authorization to any section of the Website, to other systems or networks connected to the Website, to any ROOTLESS™, nor to the services offered through the Website, through hacking or forgery, password extraction or any other illegitimate means.
· Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the contents offered on the Website.
· Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of ROOTLESS< b class="u--bold">™, as well as in the systems and networks connected to the Website.
· Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, whether by altering or attempting to alter, illegally or in any other way, access, participation or operation of those, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates or violates these Terms and Conditions in any way.
· Communicate through the Website or any of the channels enabled by it, content that violates the secrecy of communications or involves an infringement of intellectual and industrial property rights or the regulations governing data protection. personal character.
· Communicate through the Website or any of the channels enabled by it, content that contains “spam” and/or links to sites unrelated to the corresponding space.
· The use of the Website may cause damage, interruptions, inefficiencies or defects in its functionality or in third-party devices.
· The use of the Website or any of the channels enabled by it, to transmit, install, publish any virus, malicious code or other harmful programs or files.
Failure to comply with any of the above obligations by the user may lead to adoption by ROOTLESS™ of the appropriate measures protected by Law and in the exercise of its rights or obligations, which may lead to the elimination or blocking of the account of the offending user, without the possibility of any compensation for damages. and damages caused.
Similarly, the Website has areas through which users can participate, publish their own content or share content, their own or published by ROOTLESS ™. These areas may be specific to ROOTLESS™ and therefore dependent and controlled by it, or outside ROOTLESS™, in the case of networks independent and unrelated to our organization, for which we cannot be held responsible, neither for the correct functioning, nor for the conditions and policies established by those responsible, with the user himself being the one who must consent and assume at all times the treatment carried out in accordance with the information published on these platforms.
In any case, we inform you that when the user participates in any of these areas, the rest of the users of the Website will be able to access and use all the content published by the user. ROOTLESS™ cannot control what use other people will make of that content. and, therefore, ROOTLESS™ is not responsible for it. . ROOTLESS™ recommends that you do not publish personal data or materials protected by intellectual and industrial property rights or any other rights.
In order for the Website to be a safe environment and to protect our users, it is strictly prohibited to publish content:
· That may be considered a violation in any form of the fundamental rights to honor, personal and family privacy or the self-image of third parties and, most especially, of minors.
· That include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners.
· That violate the secrecy of communications or that involve an infringement of intellectual and industrial property rights or the regulations governing the protection of personal data.
· That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order.
· That contain “spam” or links to sites unrelated to the corresponding space.
· That include advertising or commercial communications, for the issuance of messages for advertising purposes or for the collection of data for the same purpose.
The user who fails to comply with these prohibitions will be responsible for any claim that may arise as a result. Even if no claim from a third party arises, ROOTLESS™ se reserves the possibility of preventing access to the Website or the possibility of participating in the spaces enabled therein to users who fail to comply with these conditions.
ROOTLESS™ does not control the content published by users on the Website and does not assume any responsibility for these contents. However, ROOTLESS™ reserves the possibility of supervising and/or or moderate any content published by users and, in the event that it violates these Terms and Conditions or the Privacy Policy, edit or delete it. Likewise, if you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set out on the Website, please inform ROOTLESS™ through the different means provided for this purpose.
RESPONSIBILITIES AND GUARANTEES
ROOTLESS™ undertakes that the contents, data or information relating to the products offered on its Website are reliable, truthful and accurate, taking responsibility for the advertised prices and features. However, it will not be responsible for any information that has been introduced, displayed or modified by third parties other than ROOTLESS™.
The photographs, texts, graphics, information or characteristics reproduced that illustrate the products for sale are merely illustrative and are not contractual, so they may vary. However, we always ensure that the description is as precise and reliable as possible, although we cannot guarantee that it accurately reflects the products in all cases, as in many of them they are used for illustrative purposes.
Although ROOTLESS™ will make its best efforts in maintaining the integrity, truthfulness and accuracy of the Website and the contents contained therein, ROOTLESS™ does not guarantee nor is responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that provides it; (iv) the invulnerability of the Website or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages or losses caused, to himself or a third party, by any person who violates the conditions, rules and instructions that ROOTLESS< b class="u--bold">™ establishes on the Website or through the violation of the Website's security systems.
However, ROOTLESS™ declares that it has adopted all necessary measures, within their possibilities and the state of the art, to guarantee the operation of the Website and reduce system errors to a minimum, both from a technical point of view and from the content published on the Website.< /span>
ROOTLESS™ does not guarantee the legality, reliability and usefulness of the content provided by third parties to through the Website. If the user becomes aware of the existence of any illicit, illegal content, contrary to the law or that could constitute an infringement of third party rights, they must immediately notify ROOTLESS ™ so that it can proceed to adopt the appropriate measures.
ROOTLESS™ will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside the Website, as well as those contained in other platforms to which it is linked from the Website. ROOTLESS™ will not assume responsibility for hypothetical damages that may arise for the use of the aforementioned information.
In any case, ROOTLESS™ reserves the right to suspend, modify, restrict or interrupt, whether temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Terms and Conditions, without the user being able to demand any compensation for this reason.
The parties will be liable for any infractions that they have incurred personally, with the opposing party being held harmless against any error, fault or negligence not attributable to it and any damage arising from said infractions or errors attributable to the other contracting party.
ROOTLESS™ will not be responsible in case of unavailability of the product or impossibility of delivery when this whether due to force majeure, theft or loss, or error in the order or data provided by the user. However, in such cases, ROOTLESS™ may be enabled. Contact the user to try to find the best solution to the case.
SUSPENSION OF THE WEBSITE
ROOTLESS™ reserves the right to suspend, modify, restrict or discontinue, whether temporarily or permanently, the access, navigation, use, hosting or downloading of the content or use of services of the Website, with or without prior notification, to users who contravene any of the provisions detailed in these Terms and Conditions, without mediation the user's possibility of demanding any compensation for this reason.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, all personal data provided during the use of the Website will be treated in accordance with those provided in the Privacy Policy that everything User must expressly accept in order to use and register in the system.
GENERAL
The headings of the different clauses are for information only, and will not affect, qualify or expand the interpretation of these Terms and Conditions. Likewise, ROOTLESS™ may modify the terms and conditions stipulated here, totally or partially, publishing any changes in the same way in which these Terms and Conditions appear or through any type of communication directed to users.
The temporary validity of these Terms and Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Terms and Conditions will come into force.
Regardless of the provisions of the particular conditions that may be established, ROOTLESS ™may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the user being able to demand any compensation. After such termination, the prohibitions on the use of the content set out above in these Terms and Conditions will remain in force.
Likewise, if the user fails to comply with these Terms and Conditions, ROOTLESS™ may suspend or cancel your profile automatically and without prior notice, and in no case would such suspension or cancellation give the user the right to any compensation. For these purposes, ROOTLESS™ informs that it may inform and collaborate promptly with the competent police and judicial authorities if any violation of current legislation is detected or if there is suspicion of the commission of a crime.
The contracting of any paid product and/or service offered by ROOTLESS™ will be regulated by the general and/or particular conditions of each specific service provided for this purpose.
In the event of a discrepancy between what is established in these Terms and Conditions and the particular conditions of each specific service of the Website, the provisions of the latter will prevail.
In the event that any provision of these Terms and Conditions is declared null or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or inapplicability will not affect the remaining provisions of these Terms. and Conditions.
The non-exercise or execution by ROOTLESS™ of any right or provision contained in these Terms and Conditions will not constitute a waiver thereof, unless acknowledged and agreed in writing by you.
APPLICABLE LAW AND COMPETENT JURISDICTION
Whenever the regulations in force for this purpose provide for the possibility for the parties to submit to a specific jurisdiction, for any litigation matter derived from or related to this Website, the Spanish legislation in force at the time of the dispute will apply, and we will submit to the Courts. and Courts of Madrid, as well as, where appropriate, the consumer Arbitration Courts or similar ones to which we are affiliated at the time the dispute occurs.
To file complaints regarding the use of our services, you can contact us by mail to the electronic or physical address indicated in section 1, corresponding to “Identification of the Owner and General Information”, committing us to seek an amicable solution to the conflict at all times.
