Legal notice
INFORMATION SOCIETY SERVICES ACT (LSSI)
Nuria Jané Virgili, trading as MENAJE HOGAR JANÉ, the party responsible for this website (hereinafter, the RESPONSIBLE PARTY), provides users with this document in order to comply with the obligations laid down in Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), and to inform all users of the website of its terms of use.
Anyone who accesses this website takes on the role of user and undertakes to observe and strictly comply with the provisions set out here, as well as any other applicable legal provision.
MENAJE HOGAR JANÉ reserves the right to modify any information that may appear on the website, without any obligation to give users prior notice of such changes, publication on the MENAJE HOGAR JANÉ website being deemed sufficient.
1. IDENTIFICATION DETAILS
Owner: Nuria Jané Virgili. Tax ID (NIF): 36930636L.
Trading name: MENAJE HOGAR JANÉ.
Address: Passeig de Maragall, 94. 08041 Barcelona.
Phone: 933 517 454. Email: hola@menajeonline.com.
2. PURPOSE
Through the website, we offer users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING
Where personal data must be provided to access certain content or services, users shall guarantee that it is truthful, accurate, authentic and up to date. The business will process such data by automated means as appropriate to its nature or purpose, under the terms set out in the Privacy Policy.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and accepts that all content displayed on the website, and in particular designs, texts, images, logos, icons, buttons, software, trade names, trademarks or any other signs capable of industrial or commercial use, are subject to intellectual property rights, and that all trademarks, trade names or distinctive signs and all industrial and intellectual property rights over the content or any other elements included on the site are the exclusive property of the business or of third parties, who have the exclusive right to use them in the course of trade. Accordingly, the user undertakes not to reproduce, copy, distribute, make available or otherwise communicate to the public, transform or modify such content, and to hold the business harmless from any claim arising from a breach of these obligations. Access to the website does not in any case imply any waiver, transfer, licence or assignment, in whole or in part, of those rights, unless expressly stated otherwise.
These general terms of use of the website do not grant users any right to use, alter, exploit, reproduce, distribute or communicate to the public the website or its content other than those expressly provided for here. Any other use or exploitation of any rights shall be subject to prior and express authorisation specifically granted for that purpose by the business or by the third party holding the rights concerned.
The content, texts, photographs, designs, logos, images, computer programs, source code and, in general, any intellectual creation on this website, as well as the website itself as a whole as a multimedia artistic work, are protected by copyright under intellectual property law. The business owns the elements that make up the graphic design of the website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the website or, in any case, holds the corresponding authorisation to use those elements. The content of the website may not be reproduced in whole or in part, transmitted or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the business.
It is also forbidden to remove, circumvent or tamper with the copyright notice, technical protection devices or any information mechanisms the content may contain. The user of this website undertakes to respect the rights set out above and to avoid any action that could harm them, and the business reserves in all cases the right to exercise all legal means or actions available to it in defence of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF WEBSITE USERS
The user undertakes to:
Make appropriate and lawful use of the website and of its content and services, in accordance with: (i) the legislation applicable at any given time; (ii) the general terms of use of the website; (iii) generally accepted morals and good customs; and (iv) public order.
Obtain all the technical means and requirements needed to access the website.
Provide truthful information when filling in the website's forms with their personal data, and keep it up to date at all times so that it reflects the user's actual situation. The user shall be solely responsible for any false or inaccurate statements they make and for any harm caused to the business or to third parties by the information they provide.
Notwithstanding the above, the user shall also refrain from:
Making unauthorised or fraudulent use of the website or its content for unlawful purposes or with unlawful effects, prohibited by these general terms of use, harmful to the rights and interests of third parties, or which may in any way damage, disable, overload, impair or prevent the normal use of the services or of the documents, files and all kinds of content stored on any computer equipment.
Accessing or attempting to access restricted resources or areas of the website without meeting the conditions required for such access.
Causing damage to the physical or logical systems of the website, its providers or third parties.
Introducing or spreading on the network computer viruses or any other physical or logical systems capable of causing damage to the physical or logical systems of the business, its providers or third parties.
Attempting to access, use or manipulate the data of the business, third-party providers and other users.
Reproducing or copying, distributing, allowing public access through any form of communication to the public, transforming or modifying the content, unless authorised by the holder of the corresponding rights or permitted by law.
Removing, hiding or tampering with notices of intellectual or industrial property rights and other data identifying the rights of the business or of third parties included in the content, as well as technical protection devices or any information mechanisms that may be included in the content.
Obtaining or attempting to obtain the content by means or procedures other than those made available for that purpose or expressly indicated on the web pages where the content is found or, in general, those commonly used on the internet because they do not entail a risk of damaging or disabling the website or its content.
In particular, and merely by way of example and not limitation, the user undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that: • In any way contravenes, disparages or infringes the fundamental rights and public freedoms recognised in the Constitution, in international treaties and in other legislation in force. • Induces, incites or promotes criminal, denigrating, defamatory or violent acts or, in general, acts contrary to the law, morals, generally accepted good customs or public order. • Induces, incites or promotes discriminatory acts, attitudes or ideas on grounds of sex, race, religion, beliefs, age or condition. • Incorporates, makes available or gives access to criminal, violent, offensive, harmful or degrading products, items, messages or services or, in general, to anything contrary to the law, morals, generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear. • Induces or incites involvement in dangerous or risky practices or practices harmful to health and mental balance. • Is protected by intellectual or industrial property law belonging to the business or to third parties, without the intended use having been authorised. • Is contrary to the honour, personal and family privacy or image of others. • Constitutes any kind of advertising. • Includes any kind of virus or program that prevents the normal operation of the website.
If the user is given a password to access any of the website's services or content, they undertake to use it diligently and to keep it secret at all times. Accordingly, they shall be responsible for its proper safekeeping and confidentiality, and undertake not to pass it on to third parties, temporarily or permanently, or to allow others to access those services or content. They also undertake to notify the business of any event that may involve misuse of their password, such as, by way of example, its theft, loss or unauthorised access, so that it can be cancelled immediately. Until such notification is made, the business shall be exempt from any liability arising from the misuse of the password, and any unlawful use of the website's content or services by any unauthorised third party shall be the user's responsibility. If the user negligently or wilfully breaches any of the obligations set out in these general terms of use, they shall be liable for all damage and harm that such breach may cause the business.
6. LIABILITY
Continuous access to the website, and the correct display, download or usefulness of the items and information it contains, which may be prevented, hindered or interrupted by factors or circumstances beyond its control, is not guaranteed. No responsibility is accepted for decisions that may be taken as a result of accessing the content or information offered.
The service may be interrupted, or the relationship with the user terminated immediately, if it is found that the user's use of the website, or of any of the services offered on it, is contrary to these general terms of use. We accept no liability for damage, harm, losses, claims or expenses arising from the use of the website. Our only responsibility shall be to remove, as soon as possible, any content that may cause such harm, provided we are notified of it. In particular, we shall not be liable for harm that may arise from, among other things:
Interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the business's control.
Unlawful intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
Abuse or improper use of the website.
Security or browsing errors caused by a malfunctioning browser or by the use of outdated versions of it. The website administrator reserves the right to withdraw, in whole or in part, any content or information on the website.
The business excludes all liability for damage and harm of any kind that may result from misuse by users of the freely available services of the website. It is likewise exempt from any liability for the content and information that may be received through the data collection forms, which are intended solely for handling queries. Furthermore, if the user causes damage or harm through unlawful or improper use of those services, they may be held liable for the damage or harm caused. You shall hold the business harmless against any damage and harm arising from claims, actions or lawsuits brought by third parties as a result of your access to or use of the website. You also undertake to compensate for any damage and harm arising from your use of robots, spiders, crawlers or similar tools used to collect or extract data, or from any other action on your part that places an unreasonable load on the operation of the website.
7. HYPERLINKS
The user undertakes not to reproduce the website or any of its content in any way, not even by means of a hyperlink, without the express written authorisation of the party responsible for the website.
The website may include links to other websites run by third parties, to make it easier for the user to access information from partner or sponsoring businesses. Accordingly, the business is not responsible for the content of those websites, nor does it act as guarantor or provider of the services or information that may be offered to third parties through third-party links.
The user is granted a limited, revocable and non-exclusive right to create links to the home page of the website solely for private, non-commercial use. Websites that include a link to our website (i) may not misrepresent their relationship with us or claim that the link has been authorised, nor include trademarks, names, trade names, logos or other distinctive signs of our business; (ii) may not include content that could be considered in bad taste, obscene, offensive or controversial, that incites violence or discrimination on grounds of sex, race or religion, or that is contrary to public order or unlawful; (iii) may not link to any page of the website other than the home page; and (iv) must link to the website's own address, without allowing the linking website to reproduce the website as part of its own or within one of its frames, or create a browser over any of the website's pages. The business may at any time request the removal of any link to the website, after which it must be removed immediately.
The business cannot control the information, content, products or services provided by other websites that link to the website.
8. DATA PROTECTION
To use some of the services, users must first provide certain personal data. The business will process this data by automated means and apply the appropriate security measures, in compliance with the GDPR, the LOPDGDD and the LSSI. Users can consult the policy followed in processing personal data, and the purposes for which it is processed, in the Privacy Policy.
9. COOKIES
The website uses its own cookies that are necessary for it to work and, only if you accept them, Google Analytics cookies to measure visits. Which cookies they are, what they do, how long they last and how to accept or decline them is explained in the cookie policy.
10. REPRESENTATIONS AND WARRANTIES
In general, the content and services offered on the website are for information purposes only. Accordingly, no warranty or representation is given in relation to the content and services offered on the website, including, by way of example, warranties of lawfulness, reliability, usefulness, truthfulness, accuracy or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
11. FORCE MAJEURE
The business shall not be liable in any case where it is unable to provide the service due to prolonged interruptions in the electricity supply or telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and, in general, any case of force majeure or fortuitous event.
12. DISPUTE RESOLUTION. GOVERNING LAW AND JURISDICTION
These general terms of use, and the use of the website, are governed by Spanish law. If the user acts as a consumer, the courts of the user's place of residence shall have jurisdiction, as provided by consumer law; in all other cases, the courts of Barcelona.
If any provision of these general terms of use proves unenforceable or void under the applicable law or as a result of a judicial or administrative decision, such unenforceability or invalidity shall not render these general terms of use unenforceable or void as a whole. In such cases, the business will amend or replace that provision with another that is valid and enforceable and that, as far as possible, achieves the purpose and intent of the original provision.