A) TERMS AND CONDITIONS
1. IDENTIFYING DATA
In accordance with the requirement established in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the obligation is fulfilled to inform all users and stakeholders that the responsibility and ownership of the web domain vendavalstudio.com, as well as the associated social networks and website, hereinafter the “website” belong to Marta Cos Roig, hereinafter “Marta”, NIF number 41552470A, established for these purposes in Figueres, and whose contact email is email@example.com.
User shall mean any person who navigates the website, accessing any of its pages or sections, simply by accessing and / or using this website, accepting from such access and / or use, the terms and Conditions reflected here.
In case the user wishes to contract some of the services of Marta, the contracting policies will also be applied, which will be mandatory.
3. USE OF THE WEBSITE
All graphic, textual, multimedia, photographs, images, videos, or any other digital file format found on the website, hereinafter referred to as “the contents”, belong to Marta and is protected by the national and international copyright laws.
The user assumes responsibility for the use of the website, not being able to use them to:
- Carry out activities that are illicit, illegal or contrary to morals, good customs, good faith and public order;
- Comment or disseminate content or propaganda of a racist, xenophobic, pornographic, apologetic nature that threatens human or civil rights in general;
- Cause damage to the physical, intellectual or moral person of Marta, its suppliers or third parties;
- Introduce or disseminate on the network computer viruses or any other physical or logical systems that are likely to cause the aforementioned damages;
- Try to access and / or use the email accounts of other users and modify or manipulate their messages.
Marta reserves the right to withdraw all comments that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attack against youth or childhood, order or public safety or that, at her judgment, were not adequate for publication. In any case, Marta will not be responsible for the opinions given by users in any opinion tool that contains the website.
4. DATA PROTECTION
Marta will at all times ensure that the use of the website, the contents, and the processing of the user’s personal data are carried out in the most correct way. For this, the user can always exercise their rights of access, rectification, cancellation or opposition, all in full compliance with the guidelines of Organic Law 15/1999, of December 13, on Personal Data Protection, being able to contact Marta at firstname.lastname@example.org. In order to verify the accuracy of the data, together with each form of collection of personal data, or in the services in which the user’s contact email is required, it will be made known of the existence and acceptance of the particular conditions of the processing of their data, informing of the responsibility of the file created, the address of the responsible, and the way of exercising their rights, also mentioned in the previous paragraph of these terms and conditions. Marta will share at no time with third parties the file that owns, which is duly registered in the Spanish Agency of Data Protection.
Likewise, in compliance with Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, Marta undertakes to request the consent of the user to the processing of his electronic mail for commercial purposes throughout moment.
5. INTELLECTUAL PROPERTY
Marta is the owner of all intellectual and industrial property rights of the website, as well as the elements contained therein, which, by way of statement, but not limited to: images, sound, photographs, audio, video, software, texts, trademarks, logos, color combinations, structure, design, selection of used materials, programs necessary for its operation, access and use, reproduction, distribution and public communication, including its modality of making available, of all or part of the contents of the website, in any medium and by any technical means, with or without commercial purposes without the authorization of Marta.
The user agrees to respect the rights owned by Marta, may consequently visualize, print, store in an electronic or virtual device, but solely and exclusively for their personal and private use, being unable at any time to distribute, reproduce them, onerous or free of charge, to third parties. In any case, it should always be mentioned the authorship of Marta and the website when one decides to share any of the content in any social network, and at no time can modify, totally or partially, any of the contents.
6. DISCLAIMER OF WARRANTIES AND LIABILITY
Marta has adopted all technological measures necessary on the website to avoid damages of any nature that could cause, by way of example: errors or omissions in the contents, unavailability of the website or the transmission of viruses or malicious or harmful programs in content or user data, and is not responsible if at any time one of these measures fails as a result of improper and / or abusive use by a third party.
The user must at all times abstain from suppressing, altering, evading or manipulating any protection device or security system that was installed on the website.
Marta reserves the right to make any changes that it deems appropriate on the website without prior notice, and may change, delete or add both the contents and services provided through it, and the way in which they appear presented or located, as well as the design and structure thereof.
Marta has no control over the links and / or external content that may exist on the website, so it is not responsible for them, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, truthfulness or validity of any material or information contained therein, and these external links will not be understood as a possible association, merger, collaboration or participation with the owner and / or responsible of the web domain to which they are associated.
9. RIGHT OF EXCLUSION
Marta reserves the right to deny or withdraw access to the website and / or services offered without prior notice, at its own request or from a third party, to users who breach these terms and conditions.
B) SERVICE CONTRACT POLICY
1. MODALITY OF SERVICES
Marta offers the services that are displayed on its website, which refer to interior design and graphic design. All interested parties may request any information through the email email@example.com.
“Client” means, for the purposes of these contracting policies, the person who hires or wishes to contract a service from Marta.
2. SERVICE REQUEST
When a service wants to be demanded, the client must write to firstname.lastname@example.org informing about the request and will be answered according to the availability of Marta, who will send a response requesting the necessary information according to the needs of the case, in order to make a budget.
Marta reserves the right to accept or reject the contracting of services, without having to justify the cause, which will be duly notified by email.
A quote will be sent to the client indicating the details of the service, the price of the service, the validity and estimated delivery time, which will depend on the availability of Marta and may vary from one service and / or client to another. To start the execution of the service, the budget must be clearly and directly accepted by the client. Once the validity of the budget has been completed, Marta will make a new budget.
The prices will be established individually in each case through a budget, and any alteration to the initial budget or discount, will be reason for the elaboration of a new budget, fulfilling the requirements mentioned in the budget section of this service contract policy. If there is a discount, it will be applied only at the time of hiring. If the promotion or special discount occurs after the budget has been sent, and the service has already been initiated, the client can not claim it for the current contract.
The details of the payment will be indicated for each case in the budget that will be sent, where it will be indicated, if necessary, the payment to be made and the subsequent payment times. All payments will be made by bank transfer, Marta will indicate the bank account number in the budget. All payments must be made in Euros. If the user’s account is set up in another currency, it must indicate that the payment must be in Euros and any commission generated must be assumed by the user.
In case of cancellation of the service by the client, the client must make the payment of 30% (thirty percent) of the total price agreed, subject to compensation.
7. LIABILITY ON CONTRACTED SERVICES
At all times Marta will act in good faith and under the client’s instructions, so if the logo, illustration, image or design, or any other element requested, infringes intellectual or industrial property rights of third parties, the legal responsability will be exclusively of the client.
Once the payment has been made, the corresponding invoice will be sent, which will include in detail the taxes that are applicable.
C) MODIFICATION OF THIS LEGAL NOTICE AND DURATION
Marta may, at any time, modify the terms and conditions set forth herein without prior notice and shall remain in effect as long as they are duly published.
D) LEGAL ACTIONS
Marta may, at any time, take legal action of a civil or criminal nature, against any person who misuses the content displayed on the website, or for breaching these terms and conditions. The legislation of the Spanish territory will be applied at all times and in case of any conflict, the parties will be subject to the jurisdiction of Figueres, Spain, being the domicile of the owner of the website.