Legal notice
In order to comply with the provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, this legal notice is hereby issued, which includes the following:
1. IDENTIFICATION DATA
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, this website ( www.goldandroses.com ) is owned by RED HEMISPHERE SL; registered in the Mercantile Registry of Madrid, Volume 32535, Folio 31, Sheet M-585613; with NIF B87034690; domiciled at Calle Fortuny, 33 – 28010 Madrid, and email address info@goldandroses.com (hereinafter “THE COMPANY”). Telephone: 91 308 36 65.
2. SCOPE AND USE
This Legal Notice regulates the use of the service of this website (hereinafter “WEB”).
This website provides access and management for the online purchase of jewelry items from the “Gold & Roses” brand, belonging to THE COMPANY.
3. USERS AND USE OF THE WEBSITE
Access to and/or use of this website constitutes the status of USER, who accepts, upon such access and/or use, the terms of use set forth herein. These terms and conditions shall apply regardless of any general contracting conditions that may be binding.
The USER assumes responsibility for the USE OF THE WEBSITE and undertakes to make appropriate use of the content and services that THE COMPANY offers through its WEBSITE and not to use them for:
- Engaging in illicit or illegal activities or activities that are contrary to the content of this WEBSITE, its LEGAL NOTICE, good faith and public order, which could be harmful to the interests or rights of third parties, or which in any way could damage, disable or deteriorate the WEBSITE or its services, or prevent normal enjoyment of the WEBSITE by other USERS.
- Do not destroy, alter, render useless or in any other way damage the data, programs, files or electronic documents and others found on this WEBSITE.
- Causing damage to systems by introducing programs, viruses, macros, applets, controls, or any other system, physical or logical device, or sequence of characters that could cause any type of alteration to the computer systems of the owner of the WEBSITE or third parties.
- Use the website or the information contained therein for commercial, political, advertising, or any other commercial purposes, especially the sending of unsolicited emails.
The USER is responsible for the proper safekeeping and confidentiality of any identifiers and/or passwords that may be provided by the WEBSITE, and undertakes not to transfer their use to third parties, either temporarily or permanently, nor to allow access to third parties.
The USER shall be responsible for any unlawful use of the services by any illegitimate third party who misuses a password for such purposes due to negligent use or loss of the password by the USER. Therefore, the USER must immediately notify the WEBSITE managers of any event that may lead to the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorized access, so that they can be immediately cancelled. Until such event is reported, THE COMPANY shall be exempt from any liability that may arise from the improper use of the identifiers or passwords by unauthorized third parties.
4. LIMITATION OF LIABILITY
THE COMPANY is exonerated from any liability arising from:
- The availability of the website's operation due to force majeure, unforeseen events, or other causes not attributable to it.
- Damage to computer equipment during access to the WEBSITE and damage to USERS when caused by failures or disconnections in telecommunications networks that interrupt the service.
- Technical and/or mechanical problems or viruses caused by the USER or third parties, the existence of malicious code or any other harmful computer elements that could cause damage to the USER's or third parties' computer system. In all cases, the USER is responsible for ensuring adequate tools for the detection and disinfection of these elements.
- The accuracy, veracity, fraudulent access, capture, deletion, alteration, modification, or manipulation, timeliness, and usefulness of the content and services offered, and the subsequent use made of them by the USER. THE COMPANY will use all reasonable efforts and means to provide up-to-date and reliable information.
- The purpose for which the WEB page serves the objectives of the USER.
- Violation of current legislation by the USER or third parties and, specifically, of intellectual and industrial property rights not owned by the USER.
- Any other circumstance arising from a fortuitous event or force majeure.
The USER is solely responsible for any claim or legal action, whether judicial or extrajudicial, initiated by third parties against the owner of the WEBSITE based on the USER's misuse of the WEBSITE. If applicable, the USER shall assume all expenses, costs, and compensation claimed from THE COMPANY in connection with such claims or legal actions.
5. MINORS
The WEB is directed exclusively to an audience over 18 years of age.
Access by minors to the content included on the WEBSITE is the responsibility of their parents or guardians, who must exercise appropriate supervision over the activity of any minor children in their care.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
All information and content on this website, including graphic design, source code, logos, text, graphics, illustrations, photographs, and other elements that may appear, unless otherwise indicated, are the exclusive property of THE COMPANY.
The USER's access to and navigation of the WEBSITE does not imply any waiver, transfer, license, or total or partial assignment of the rights to the information and content held by THE COMPANY.
It is strictly prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, send emails, transmit, use, process or distribute in any way all or part of the contents included in the WEBSITE for public or commercial purposes, without the express written authorization of THE COMPANY, or, where applicable, the owner of the corresponding rights.
GOLD&ROSES AND ITS LOGO are registered trademarks. Any use of these trademarks is strictly prohibited without the express authorization of THE COMPANY.
7. DATA PROTECTION
THE COMPANY complies with all the guidelines set forth in Organic Law 3/2018, of December 5, on the Protection of Personal Data and the Guarantee of Digital Rights, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, and other regulations in force at all times, and ensures the correct use and processing of the USER's personal data. From here you can access and view our Privacy Policy
8. MODIFICATION AND DURATION
THE COMPANY reserves the right to make any changes it deems appropriate to its website without prior notice, including changing, deleting, or adding content and services provided through the website, as well as the way in which they are presented or located on the website.
THE COMPANY may modify this LEGAL NOTICE if it notifies USERS, a requirement that the parties agree is deemed to be fulfilled with the corresponding publication of the changes through THE WEBSITE.
The validity of the conditions established in this Legal Notice will depend on their exposure, always in accordance with the regulations applicable at any given time, and will remain in effect until modified by duly published changes.
9. USE OF COOKIES
THE COMPANY may use cookies to personalize and facilitate the USER's navigation through its WEBSITE as much as possible. The USER may configure their browser to notify and reject the installation of cookies sent by THE COMPANY, without affecting the USER's ability to access the content. From here you can access our Cookie Policy .
10. RIGHT OF EXCLUSION
THE COMPANY reserves the right to deny or withdraw access to its WEBSITE and/or the services offered without prior notice, at its own request or that of a third party, to those USERS who fail to comply with this Legal Notice and its conditions.
11. APPLICABLE LEGISLATION AND JURISDICTION
THE COMPANY will pursue any breach of these terms and conditions, as well as any improper use of its website, by taking all legal action, both civil and criminal, that it may exercise.
The relationship between THE COMPANY and THE USER shall be governed by current Spanish legislation. However, without prejudice to the foregoing, the parties agree to submit to the courts and tribunals of the USER's habitual residence for the resolution of any disputes that may arise.