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Terms and conditions

IDENTIFICATION OF THE OWNER AND GENERAL INFORMATION

These Terms and Conditions regulate the access and purchase of products on the website https://www.liverootless.com/ (hereinafter, the "Website") owned by LIVE ROOTLESS SL, administered and managed by the company itself, which is the entity that markets the products displayed on it and is responsible for the contractual relationship maintained with the user for the purchase of products on the Website.

Company: LIVE ROOTLESS SL(hereinafter, "ROOTLESS™")

Registered Office: C/ Reina Victoria 87, 5, 03201 ELCHE

TAX ID: B02888998

Public Registry: Registro Mercantil de Alicante, Tomo 4349, Folio 120, Hoja A-172977, Inscripción primera.

E-mail: contacto@liverootless.com

Without prejudice to the foregoing, depending on the product that the user has purchased, it may be subject to special conditions depending on the characteristics of the product or the website to which you 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 shall govern browsing through the Website and the purchase of any of the products offered by ROOTLESS™ through the Website by the users.

Any matter not expressly provided for in these Terms and Conditions shall be understood to be reserved for ROOTLESS™, without prejudice to the application of the provisions of current legislation.

Likewise, ROOTLESS™ reserves the right to carry out modifications or updates to these Terms and Conditions, of which the user will be informed in advance for their acceptance or rejection in the event of them being substantial. The user shall be deemed to have expressly accepted these modifications or updates if he/she places a new order or browses through the website.

In the event of acceptance by the user, the new Terms and Conditions shall fully replace the previous ones in force up to that moment, and shall come into effect from the moment the user browses the Website, and shall also be reflected in the new orders that the user requests from the date of acceptance of said Terms and Conditions.

The ticking of the corresponding box on the acceptance of these Terms and Conditions, as well as the fact of following telematically all the steps of the same, implies the express acceptance of the same by the user, having the same validity as his/her handwritten signature. In this way, the user acknowledges that he/she is a person with sufficient capacity to acquire the obligations derived from his/her actions through the Website, that he/she has previously read and understands its content.

In any case, in order to be able to contract with ROOTLESS™, the user must be of legal age (≥ sixteen (16) years) and have the necessary legal capacity to enter into contracts.

ACCESS TO THE WEBSITE

Access to the Website is completely free of charge, 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 shall be presumed that such access has been made with the prior and express authorisation of their parents, tutors or legal representatives, without prejudice to the fact that ROOTLESS™ reserves the right to carry out any checks it deems appropriate.

Accessing and browsing the Website does not require registration, although in order to make any purchase or to receive advertising, information and periodic offers of promotional campaigns and our products, it will be necessary to fill in the web forms provided 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™ harmless against any damages and third party claims that may arise as a result of the inaccuracy or falsity of the data provided. Under no circumstances shall ROOTLESS™ be liable for the veracity of the data provided by users, and therefore each user shall 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 Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico, contracts entered into electronically shall produce all the effects provided for by the legal system when consent and the other requirements necessary for their validity are met.

In any event, the electronic medium containing the contract concluded electronically shall be admissible as documentary evidence in the event of a dispute between the parties.

The contract between the user and ROOTLESS™ is understood to be completed from the moment the user completes the contracting procedure by pressing the "Buy" button, or button to that effect, it being understood that following all the phases of the electronic contracting procedure and the inclusion of all the data requested implies, together with the ticking 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 the same.

Likewise, in accordance with the provisions of article 27 of Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico, all the information relating to the contracting procedure is made available to users prior to the start of the same, which will only be applicable in the event that the user decides to proceed with the contracting through the Website.

PRIOR INFORMATION

These Terms and Conditions are available to all users of the Website from the following link, free of charge.

Access to the contracting process is completely free of charge, with no additional associated costs, apart from the user's own costs relating to Internet access.

All the products marketed are perfectly described in their corresponding product data sheets made available to users, not being understood to include those issues that have not been expressly indicated therein.

ROOTLESS™ shall file the electronic document formalising the contract. This electronic document will be accessible to the user by providing a link, 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 confirming the effective completion of the purchase, together with the corresponding invoice.

ROOTLESS™ will introduce the appropriate and sufficient technical means to identify and correct technical errors in the management of the information insofar as it is its responsibility.

The language in which the contracting procedure will be processed and in which the corresponding contract will be formalised will be Spanish, unless otherwise indicated.

PURCHASE PROCEDURE

The procedure for contracting the products offered is carried out electronically through the Website. Any person with Internet access can make the purchase, and all the products offered through the Website are publicly accessible, without any restriction whatsoever on their visualisation.

The complete procedure to be followed by all users wishing to purchase any of the products offered through the Website shall consist of the following steps:

Once the user has accessed the Website, he/she must select those products in which he/she is interested, it being very important to review their descriptions, as well as their characteristics, conditions, delivery times and final prices indicated in the descriptive file of each product, and specify the units he/she wishes of each of them.

Once the products and the desired units have been selected, if the user wishes to personalise them, he/she must select the personalisation of each of them from the alternatives provided.

In this way, the products, whether they can be personalised or not, that have been selected will be added to their shopping "Cart" on the Website, and the user can continue with their purchase and all the selected products will be included in said "Cart".

The user will be able to access his or her "Cart" at any time, which is located in the top right-hand corner of the page.

Once the user has selected all the products he/she wishes to purchase, he/she must start the electronic purchase process by clicking on the "Buy" button and will be redirected to the corresponding forms to be completed in order to finalise the purchase.

In order to continue with the purchase, it is necessary to have all the user's details.

Likewise, the user must fill in the data relating to the control of the invoicing and shipment of the products. To this end, the user will be taken to a screen on which a series of personal and bank details will be required, as well as the selection from a series of options offered by ROOTLESS™, the completion of which is essential to complete the purchase of the products through the Website.

With regard to the "Payment Method" tab, the user must only enter the desired payment method from among those offered by ROOTLESS™ on the Website, which are as follows: debit/credit card (VISA, Mastercard or American Express) or via Paypal.

At no time will ROOTLESS™ have access to your bank details, which are directly managed by the corresponding banking institutions.

After the purchase of the selected products, once all the steps described above have been completed, the user will be sent an email confirming their order, the delivery conditions and the terms and conditions of the contract.

CHARACTERISTICS OF THE PRODUCTS

Without prejudice to the different products that may be offered on the Website, ROOTLESS™, in particular, markets jewellery products and customisable items, such as, but not limited to, key rings, necklaces and/or rings. For more information, please visit the product sheets.

ECONOMIC CONDITIONS

PRICES

The current price of the products will be indicated at all times on the Website next to its description, being publicly accessible on the same to view it.

All prices are shown in euros, unless expressly stated otherwise.

The price shown is the final price, expressly including Value Added Tax (VAT) and any other applicable expenses. The final price shall include all applicable increases or discounts, costs charged to the user and additional costs for ancillary services, means of payment, etc. In any case, all these amounts will be shown to the user in a detailed manner during the contracting process.

The VAT applicable to the products will be applied to them at all times in accordance with the corresponding legislation and, in any case, the amount will be indicated prior to the completion of the purchase procedure.

Notwithstanding the above, VAT will be deducted for all purchases made by users from the Canary Islands, Ceuta or Melilla, without prejudice to any taxes that may be applicable in those territories. In these cases, the final price indicated on the Website will not include the VAT/tax applicable to each specific case.

PAYMENT AND INVOICING

Once the user has purchased any of the products corresponding to the Website and paid for them through any of the methods made available to users by ROOTLESS™, ROOTLESS™ will send the user an email containing all the information relating to the products purchased, their price and applicable taxes.

In any case, the payment of financial amounts over the Internet will be made through the platform provided by an external financial institution, which in any case will be hosted on a website under SSL secure protocol. For your identification, please confirm that the web address of the page from which you will make the payment starts with https://.

The contract will only be effective when ROOTLESS™ receives confirmation of payment from the bank that owns the secure payment system. If, for any reason, the transaction is denied by said entity, or the full amount corresponding to the amount of the products is not provided (including surcharges for management costs and bank transfer fees), the contract will be suspended, informing the user that the transaction has not been finalised.

Once full payment has been received, ROOTLESS™ will automatically send the invoice corresponding to the contract to the user's email address. By accepting these Terms and Conditions, the user expressly agrees to receive the invoice electronically. If the user wishes to receive the invoice on paper, he/she can contact ROOTLESS™ at the addresses indicated in the heading, indicating the postal address to which the invoice should be sent.

Furthermore, in accordance with current legislation, ROOTLESS™ may not subsequently modify the invoicing of sales made. Therefore, the invoice will be issued in the name of the natural person who makes the purchase of the products, so the user must ensure that the order is placed in the correct name, and duplicate invoices may not be issued to send to third parties.

DELIVERY CONDITIONS OF THE PRODUCTS PURCHASED

HOME DELIVERY

Home delivery of the products purchased will be, by default, made to the physical address indicated by the user.

Home delivery may involve a surcharge for delivery costs, which will be calculated according to the products purchased, and which will in any case be shown to the user during the contracting procedure. The products will be delivered to the address indicated by the user, within a period of time to be determined below:


Notwithstanding the foregoing, ROOTLESS™ cannot control shipments once they have been delivered to the corresponding postal service, and therefore shall not be liable for any delay in delivery when the order has been delivered to the postal service on time.

The Website is accessible and the products are available from any territory in the world, although users located 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 that territory, solely for the purposes of delivery, the delivery times and costs of which shall be subject to the terms and conditions of the corresponding website, for which it is the sole responsibility of the user to consult them. For clarification purposes and without prejudice to the shipping costs and deadlines established on the corresponding websites, the price provided on the Website shall 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.

When an order is shipped, the user will receive an email from the courier company with the tracking number and the link to consult all the information related to the shipment.

GUARANTEES AND RETURNS

All the products offered are original products, with manufacturer's guarantee and without any defect, with their legally recognised guarantee periods.

Consumer legislation recognises in favour of consumers and users a legal guarantee period of two (2) years from the delivery of the product. If the defect becomes apparent six (6) months after delivery of the product, the user must prove to the manufacturer or seller that the fault, defect or lack of conformity already existed when the product was delivered.

If the product does not conform to 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. As soon as the user informs ROOTLESS™ of the option chosen, both parties shall abide by it.

In the event of opting for repair, if, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the user may demand the replacement of the product, unless this option is disproportionate, a price reduction or termination of the contract.

If the user wishes to return the product when he/she finds a product on the market that shows any defect, he/she must follow the following steps:

The user must inform ROOTLESS™ via the following email address: contacto@liverootless.com of their wish to return the product through any of the customer service channels, filling in the return form that will be provided.

Once the return request has been received, ROOTLESS™ will send an email to the user as soon as possible confirming that their request has been received, informing them whether or not the product can be returned in accordance with the provisions of the applicable regulations and the use that the user has made of the product. In the event that the product is returned, ROOTLESS™ will inform the user of the method of collection or shipment of the product to its offices/warehouses.

The offices/warehouses to which users may send the defective product are as follows:

Office in Spain: C/ Reina Victoria 87, 5, 03201 ELCHE

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 informative element provided to the user. Incorrect handling or handling contrary to these instructions or to the nature of the product itself may result in the return being refused. Furthermore, the user must keep the labels, packaging and, where applicable, documentation and original accessories included with or accompanying the product, so that ROOTLESS™ can determine that it is the original product purchased by the user and assess 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 together with its packaging, labels, documentation and/or original accessories incorporated or accompanying the product, it is possible that the latter may suffer a depreciation that must be borne by the user in accordance with the provisions of the applicable regulations at any given time.

In particular, improper use of the product is considered to be washing it with solvents that are unsuitable for the material of which it is made, subjecting it to heat or temperatures higher than those appropriate to its nature, neglect (knocks, dents, crushing, etc.), unjustified repair or modification.

Please note that ROOTLESS™ during the warranty period will not be responsible for: aesthetic changes caused by normal wear and tear, ageing (small scratches, etc.) and alteration of colour, such as subtle colour changes in the coating, etc. and faults 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 established, ROOTLESS™ will repair or replace the product, in accordance with the option selected by the user, unless one of these two options proves to be objectively impossible or disproportionate.

The replacement, repair, delivery of a new model, termination of the contract or any other solution chosen by the user in accordance with the provisions of the applicable regulations at any given time shall not entail additional costs for the user.

If the user terminates the contract, ROOTLESS™ shall refund the full amount paid to the user for the purchase of the non-conforming product (including delivery costs).

ROOTLESS™ informs users that the time period for the refund of amounts paid will depend on the method of payment used by the user when purchasing the product:

If the user has made the payment by credit/debit card, ROOTLESS™ will refund the amount paid once the user has received the product in the shortest possible time and always within fifteen (15) calendar days from when the user decided to terminate the contract.

If the user has paid by Paypal, ROOTLESS™ will refund the amount paid within fifteen (15) days of the user's decision to terminate the contract.

WITHDRAWAL

In accordance with the provisions of article 103 apartado c) del Real Decreto 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General de Defensa de Consumidores y Usuarios (en adelante, “LGDCU”), when the product purchased by the user has been customised or has been made according to the user's specifications, it shall not be possible to exercise the right of withdrawal.

ROOTLESS™ shall inform the user of those products that shall be considered personalised products and that, therefore, the right of withdrawal does not apply to them.

When the products purchased are not customisable or, despite being customisable, are prefabricated products offered to users without them providing specifications, users shall have the right to withdraw from the contract for a period of fourteen (14) calendar days without stating 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™ shall not be obliged to reimburse the additional costs arising therefrom.

In the event that the user has purchased customisable and non-customisable products together, the user shall only have the right to withdraw from the latter, and shall not be entitled to exercise this right with respect to the former

CUSTOMER SERVICE

ROOTLESS™, as the party responsible for the Website and in charge of the marketing and sale of the products offered therein, provides users with a customer service department in Spanish and English, which will give due attention to all queries, complaints, claims and suggestions made in relation to the purchase of products through the Website.

Specifically, the contact channels made available to users are as follows:

- Website: Available twenty-four (24) hours a day, seven (7) days a week.

- E-mail: contacto@liverootless.com. Available twenty-four (24) hours a day, seven (7) days a week.

Once we receive the user's communication, we will send them an e-mail informing them that we have received it. In this regard, we will try to respond to complaints or queries received as soon as possible, which in no case will exceed one (1) month after the user has submitted the complaint 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 licences for the exploitation rights of the intellectual and industrial property of the Website, as well as all the content offered on the same, including the platform itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through the same.

Under no circumstances shall it be understood that access, browsing and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through the same implies a waiver, transmission, licence, authorisation 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 context and solely for the purpose of enjoying the services provided in accordance with these Terms and Conditions.

References to registered trademarks or trade names, or other distinctive signs, whether owned by ROOTLESS™ or third party companies, implicitly prohibit their use without the consent of ROOTLESS™ or their legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents confer on the user any right over the distinctive signs included therein.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden 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, without the prior, express and written authorisation of ROOTLESS™ or, where appropriate, of the holder of the corresponding rights.

Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the rights holders of the contents that the user finds on the Website, as well as the technical protection devices, digital 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 provided for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets or any other rights of third parties, and that said information is not confidential or harmful to third parties.

The user acknowledges that he/she assumes responsibility, leaving ROOTLESS™ harmless for any communication that he/she provides personally or in his/her name, with said responsibility extending without restriction to the accuracy, legality, originality and ownership of the same.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must notify ROOTLESS™ immediately via the email address contacto@liverootless.com so that it can proceed to take the appropriate measures.

Likewise, in the event that any user or third party considers that any of the contents of the Website owned by ROOTLESS™ infringes their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to contacto@liverootless.com with the following information:

· Identification details and means of contact of the claimant or their legal representative.

· Documentation accrediting their status as owner of the allegedly infringed rights.

· Detailed account of the rights allegedly infringed by ROOTLESS™, as well as their exact location on the Website.

· Express declaration by the claimant that the use of the contents has been made without the consent of the holder of the allegedly infringed rights.

LINKS

LINKS TO OTHER WEBSITES

In the event that the Website displays links or products that link to other websites by means of different buttons, links, banners or embedded content, ROOTLESS™ informs that these are directly managed by third parties, and ROOTLESS™ does not have the human or technical means to know in advance or to control or approve all the information, content, products or services provided by other platforms to which links may be established from the Website.

Consequently, ROOTLESS™ cannot assume any type of responsibility for any aspect relating to the platform or web page to which a link may be established from the Website, specifically, but not limited to, 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 regard, if users have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality or public order, they must immediately notify ROOTLESS™ so that the link to them can be disabled, which will be carried out as soon as possible.

In any case, the establishment of any type of link from the Website to another external website shall not imply that there is any type of relationship, collaboration or dependence between ROOTLESS™ and the party responsible for said external website.

ROOTLESS™ warns users that the platforms or websites to which a link may be established from the Website have their own terms and conditions of use and contract. ROOTLESS™ does not control or assume any responsibility for the content of such platforms and websites or for the content of their terms and conditions, and it is therefore 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, means of linking that allow users to access the channels and pages of the Website that ROOTLESS™ maintains on different platforms and social networks belonging to or managed by third parties (e.g. Facebook, Instagram, Youtube, Twitter, Pinterest, Google+, etc.). The inclusion of these links on the Website is solely for the purpose of providing users with access to these 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, nor the acceptance and approval by ROOTLESS™ of its contents or services, the owner, manufacturer or distributor being solely responsible for them.

Under no circumstances does ROOTLESS™ share with Facebook, Twitter or any other social network that may be 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 Website's Privacy Policy. In this sense, all the information that the user wishes to provide to these platforms will be under his/her own responsibility, with ROOTLESS™ not intervening in this process.

The activation and use of these applications may entail the identification and authentication of the user (login/password) on the corresponding platforms, which are completely external to the Website and beyond the control of ROOTLESS™. By accessing such external networks, the user enters an environment not controlled by ROOTLESS™ and ROOTLESS™ assumes no responsibility for the security settings of such environments.

Since ROOTLESS™ has no control over the content hosted on such channels, you acknowledge and agree that ROOTLESS™ assumes no responsibility for the content or services you may access on such sites, or for any content, products, services, advertising, or other materials available on such sites. For this reason, the user must exercise extreme caution in the evaluation and use of the information, content and services available on the linked channels, as well as any information of their own or of third parties that they wish to share on these channels.

LINKS ON OTHER WEB PAGES TO THE WEBSITE

ROOTLESS™ does not authorise the establishment of a link to the Website from pages that contain material, information or content that is illicit, illegal, degrading, obscene and, in general, that contravene the law, morality or public order, or generally accepted social norms.

In any case, users may establish links on their respective web pages to the Website, provided that they comply with the following conditions: (a) the link may not reproduce the content of the Website or parts thereof in any form; (b) it is not permitted to create a browser or border environment over sections of the Website, nor may the Website be modified in any other way; (c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that ROOTLESS™ has authorised the link or that it has supervised or assumed in any way the content or services offered or made available on the web page on which said link is established; d) the web page on which the link to the Website is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content contrary to any third party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to 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 websites that have established links to the Website. ROOTLESS™ assumes no liability whatsoever for any aspect relating to the website that establishes such a link to the Website, specifically, but not limited to, 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 FOR USE OF THE WEBSITE

Access to or use of the Website for illegal or unauthorised purposes, with or without economic purpose, is not permitted and, therefore, its consequences shall 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, interruption, inefficiency or defect in the operation of the Website or any third party's computer.

· Use the Website for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files.

· Use the Website to collect personal data of other users.

· Use the Website in an illegal manner, against good faith, morality and public order.

· Register through the Website under a false identity, impersonating a third party or using a profile or performing any other action that may mislead other users as to the identity of the origin of a message.

· Unauthorised access to any section of the Website, other systems or networks connected to the Website, any ROOTLESS™ server, or the services offered through the Website, by hacking or forging, password mining or any other illegitimate means.

· Breach, or attempt to breach, the security or authentication measures of the Website or any network connected to the Website, or the security or protection measures inherent in the content offered on the Website.

· Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or ROOTLESS™ systems or networks, as well as in the systems and networks connected to the Website.

· Impede the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes in any way these Terms and Conditions.

· Communicating through the Website or any of the channels provided by the same, content that violates the secrecy of communications or involve an infringement of intellectual and industrial property rights or the rules governing the protection of personal data.

· Communicating through the Website or any of the channels enabled by the same, 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 the same, to transmit, install, publish any virus, malicious code or other harmful programs or files.

Violation of any of the above obligations by the user may lead to the adoption by ROOTLESS™ of appropriate measures protected by law and in the exercise of its rights or obligations, which may lead to the deletion or blocking of the account of the offending user, without the possibility of any compensation for damages caused.

Similarly, the Website has areas through which users can participate, publish their own content or share content, whether their own or published by ROOTLESS™. These areas may be ROOTLESS™'s own and therefore dependent on and controlled by ROOTLESS™, or external to ROOTLESS™, being independent social networks and external to our organisation, for which we cannot be held responsible for their correct functioning, nor for the conditions and policies set out by those responsible, and it is the user him/herself who must consent to and assume at all times the treatment of the information published on these platforms.

In any case, we inform you that when the user participates in any of these areas, the other 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 this content and, therefore, ROOTLESS™ cannot be held responsible for this. ROOTLESS™ recommends that you do not post personal data or material protected by intellectual property rights or any other rights.

In order for the Website to be a safe environment and to protect our users, it is strictly forbidden to publish content:

· That may be considered as a violation in any way of the fundamental rights to honour, to personal and family privacy or to one's own image of third parties, especially minors.

· That include photographs that include 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 of 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 broadcasting of messages for advertising purposes or for the collection of data for the same purpose.

Users who violate these prohibitions shall be liable for any claims arising as a result. Even in the absence of a claim by a third party, ROOTLESS™ reserves the right to deny access to the Website or the possibility of participating in the spaces provided on the Website to users who violate these conditions.

ROOTLESS™ does not control the content posted by users on the Website and assumes no responsibility for such content. However, ROOTLESS™ reserves the right to monitor and/or moderate any content posted by users and, if it violates these Terms and Conditions or the Política de Privacidad, to edit or remove it. Likewise, if you find any information or content on the Website that may be unsuitable, contrary to current regulations, or contrary to the conditions set out on the Website, please inform ROOTLESS™ immediately through the various means provided for this purpose.

RESPONSABILITIES AND GUARANTEES

ROOTLESS™ undertakes to ensure that the content, data or information relating to the products offered on its Website are reliable, truthful and accurate, and is responsible for the prices and characteristics advertised. However, it shall not be liable for any information that has been entered, displayed or modified by third parties unrelated to ROOTLESS™.

The photographs, texts, graphics, information or characteristics reproduced which illustrate the products on sale are merely illustrative and are not contractual, and may therefore vary. However, we always endeavour to ensure that the description is as accurate and reliable as possible, although we cannot guarantee that it accurately reflects the products in all cases, as in many cases they are used for illustrative purposes.

While ROOTLESS™ will use reasonable efforts to maintain the integrity, truthfulness and accuracy of the Website and the content contained therein, ROOTLESS™ makes no warranties or representations as to: (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 supplies it; (iv) the invulnerability of the Website or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) any damage or harm caused, to itself or to a third party, by any person who infringes the conditions, rules and instructions that ROOTLESS™ establishes on the Website or through the infringement of the Website's security systems.

Notwithstanding the foregoing, ROOTLESS™ declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the operation of the Website and to minimise system errors, both from a technical point of view and in terms of the content published on the Website.

ROOTLESS™ does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could infringe the rights of third parties, he/she must notify ROOTLESS™ immediately so that it can proceed to take the appropriate measures.

ROOTLESS™ shall not be liable for the accuracy, completeness or updating of the information published on the Website from external sources, nor for that contained on other platforms to which links are provided from the Website. ROOTLESS™ shall not be liable for any possible damages that may arise from the use of the aforementioned information.

In any case, ROOTLESS™ reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, 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 claim any compensation for this reason.

The parties shall be liable for any breaches personally incurred by them, and the other party shall be indemnified against any error, fault or negligence not attributable to it and against any damage resulting from such breaches or errors attributable to the other contracting party.

ROOTLESS™ shall not be liable in the event of unavailability of the product or impossibility of delivery when this is due to force majeure, theft or loss, or error in the order or data provided by the user. However, in such cases, ROOTLESS™ may 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 interrupt, either temporarily or permanently, the access, browsing, use, hosting or downloading of content 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 possibility of the user being able to claim any compensation for this cause.

CONFIDENTIALITY AND DATA PROTECION

In accordance with the provisions of Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales, all personal data provided during the use of the Website will be treated in accordance with the provisions of the Política de Privacidad that all users must expressly accept in order to use and register in the system.

GENERAL

The headings of the various clauses are for information purposes only and shall not affect, qualify or extend the interpretation of these Terms and Conditions. Furthermore, ROOTLESS™ may modify the terms and conditions herein, in whole or in part, by posting any changes in the same form in which these Terms and Conditions appear or through any type of communication addressed to users.

The temporary validity of these Terms and Conditions therefore coincides with the time of their publication, until they are totally or partially modified, at which time the modified Terms and Conditions will come into force.

Irrespective of the provisions of any special 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 claim any compensation whatsoever. After such termination, the prohibitions on the use of the contents set out above in these Terms and Conditions shall remain in force.

Likewise, if the user violates these Terms and Conditions, ROOTLESS™ may suspend or cancel the user's profile automatically and without prior notice, and in no case shall such suspension or cancellation entitle the user to any compensation whatsoever. For these purposes, ROOTLESS™ informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infringement of current legislation or if it suspects that a crime has been committed.

The contracting of any product and/or payment service offered by ROOTLESS™ shall be regulated by the general and/or particular conditions of each specific service provided for this purpose.

In the event of any discrepancy between the provisions of these Terms and Conditions and the particular conditions of each specific service of the Website, the provisions of the latter shall prevail.

In the event that any provision of these Terms and Conditions is declared null and void or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of these Terms and Conditions.

The failure of ROOTLESS™ to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by ROOTLESS™.

APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

Whenever the regulations in force provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the dispute shall apply, and we shall submit to the Courts and Tribunals of Madrid, as well as, where appropriate, to the consumer arbitration courts or similar courts to which we are adhered at the time the dispute arises.

In order to file complaints regarding the use of our services, you may contact us by mail at the electronic or physical address indicated in section 1, corresponding to "Identification of the Holder and General Information", and we undertake to seek an amicable solution to the conflict at all times.

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