- OBJECT
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The present General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") regulate the use of the website www.esferic.com (hereinafter, the Website) that Esferic Better Things S.L. (hereinafter "www.esferic.com"), makes available to people who access your Website in order to provide them with information about products and services, their own and / or collaborating third parties, and to facilitate their access to them. , as well as the contracting of services and goods by means of it (all referred to together as the "Services"). www.esferic.com, with registered office at Av. Magdalena 59 of Rafelbunyol (Valencia), is a Spanish limited liability company that owns this Website whose use is regulated by this document, with cif number B98692031 and registered in the Commercial Register . To contact www.esferic.com, you can use the postal address indicated above, as well as the email address info@esferic.com Due to the very nature of the Website, as well as its content and purpose, practically all of the navigation that can be carried out by the same has to be done enjoying the condition of Client, which is acquired according to the procedures included in it. Therefore, the aforementioned condition of Customer implies adherence to the General Conditions in the version published at the time the Website is accessed. www.esferic.com reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, www.esferic.com recommends that the Client read the same carefully each time he accesses the Website. In any case, there are pages of the Website accessible to the general public, with respect to which www.esferic.com also wishes to comply with its legal obligations, as well as to regulate the use thereof. In this sense, users who access these parts of the Website agree to be subject, by accessing the aforementioned pages, by the terms and conditions set forth in these General Conditions, to the extent that this may be applicable. Finally, due to the nature of this Website, it is possible that changes to the content of these General Conditions may be modified or included. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that they will be applicable the corresponding conditions that are in force at the time of your access.
- ACCESS AND SECURITY
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Access to the Services can be done without customer registration. If you wish to complete the registration, you must accept the General Conditions, and you will be considered as Clients. The Client's identifier will consist of his email address and a password. To access the Customer's own account, it will be necessary to include this identifier, as well as a password that must contain at least 7 characters. The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this regard, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties. In the event that the Customer knows or suspects the use of your password by third parties, you must modify it immediately, in the way it is collected on the Website.
- CORRECT USE OF THE SERVICES
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The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of enunciation and without limitation, undertakes to abstain from: using the Services in a manner, for purposes or effects contrary to the law, to morality and generally accepted good customs or public order; reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; perform any act that may be considered a violation of any intellectual or industrial property rights belonging to www.esferic.com or to third parties; use the Services and, in particular, the information of any kind obtained through the Website to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as to commercialize or disclose in any way said information; The Customer shall be liable for damages of any nature that www.esferic.com may suffer, on occasion or as a consequence of breach of any of the obligations set forth above, as well as any other included in these General Conditions and / or those imposed by the Law in relation to the use of the Website. www.esferic.com will watch at all times for the respect of the current legal system, and will be entitled to interrupt, in its sole discretion, the Service or to exclude the Client from the Website in case of presumed commission, complete or incomplete, of any of the offenses or offenses typified by the current Penal Code, or in case of observing any conduct that in the opinion of www.esferic.com are contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the norms established by www.esferic.com or its collaborators or may disturb the good functioning, image, credibility and / or prestige of www.esferic.com or its collaborators.
- PROPERTY RIGHTS
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All contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of www.esferic.com or third parties, whose rights to respect holds www.esferic.com legitimately, being therefore protected by national and international legislation. The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited. Violation of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code. Those Customers who send comments, opinions or comments to the Website through the electronic mail service or by any other means, in the cases in which, due to the nature of the Services, this is possible, it is understood that they authorize www.esferic. com for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is legally envisaged and without territorial limitation. Likewise, it is understood that this authorization is granted free of charge. Claims that may be filed by Customers in relation to possible breaches of intellectual or industrial property rights over any of the Services of this Website should be directed to the following email address: info@esferic.com.
- EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
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Regardless of what is established in the General Contracting Conditions related to the contracting of goods included in this Website, www.esferic.com is not responsible for the veracity, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented "as is" and are accessible without guarantees of any kind. www.esferic.com reserves the right to interrupt access to the Website, as well as the provision of any or all Services provided through it at any time and without prior notice, whether for technical reasons, security, control, maintenance, power failure or any other justified cause. Consequently, www.esferic.com does not guarantee the reliability, availability or continuity of its Website or Services, so the use thereof by the Client is carried out at your own risk. without, at any time, responsibilities can be demanded to www.esferic.com in this regard. www.esferic.com will not be responsible in case there are interruptions of the Services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of www.esferic.com, and / or due to a fraudulent or culpable action of the Client and / or due to causes of unforeseeable circumstances or force majeure. Without prejudice to what is established in article 1105 of the Civil Code, shall be understood included in the concept of Force Majeure, in addition, and for the purposes of these General Conditions, all those events that occurred outside the control of www.esferic.com, such as : failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that www.esferic.com has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, www.esferic.com will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits. www.esferic.com excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or that has been accessed through the Website as well as by the Services provided or offered by third parties or entities. www.esferic.com will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exempt from liability for its non-updating or rectification as well as for the contents and information provided in it. In this sense, www.esferic.com has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by a competent Judicial or Administrative Authority. Similarly, www.esferic.com excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in the documents or systems stored in them. www.esferic.com is not responsible for the use that the Client makes of the Website Services or their passwords, as well as any other material thereof, infringing the rights of intellectual or industrial property or any other right of third parties . The Client is obliged to keep www.esferic.com harmless, for any damage, damage, sanction, expense (including, without limitation, attorney's fees) or civil, administrative or any other kind of liability that may be suffered by www.esferic .com that is related to the breach or partial or defective fulfillment of the provisions of these General Conditions or applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data collected in the present conditions or established in the LOPD and development regulations.
- LINKS TO OTHER WEBSITES
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www.esferic.com does not guarantee or assume any type of responsibility for the damages and losses suffered by the access to third party services through connections, links or links of the linked sites or the accuracy or reliability of the same. The function of the links that appear in www.esferic.com is exclusively to inform the Client about the existence of other sources of information on the Internet, where you can expand the Services offered by the Portal. www.esferic.com will not be in any case responsible for the result obtained through such links or the consequences arising from access by customers to them. These third-party services are provided by them, so www.esferic.com can not control and does not control the legality of the services or their quality. Consequently, the Customer must exercise prudence in the assessment and use of information and services existing in the contents of third parties.
- APPLICABLE LAW AND JURISDICTION
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For any interpretive or litigious issues that may arise, Spanish law will apply and in case of controversy, both parties agree to submit, with waiver of any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Valencia.
- COOKIES POLICY
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Cookie is a file that is downloaded to your computer when accessing certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to the user .. The user's browser memorizes cookies on the hard disk only during the current session occupying a minimum memory space and not harming the computer. Cookies do not contain any kind of specific personal information, and most of them are deleted from the hard drive at the end of the browser session (the so-called session cookies). Most browsers accept cookies as standard and, independently of them, allow or prevent temporary or stored cookies in security settings. Without your express consent - through the activation of cookies in your browser, www.esferic.com will not link in the cookies the data stored with your personal data provided at the time of registration or purchase. What types of cookies does this use? Web page? - Technical cookies: Are those that allow the user to navigate through a web page, platform or application and the use of different options or services that exist in it, for example, control traffic and data communication, identify the session, access restricted access parts, remember the elements that make up an order, perform the purchase process of an order, make the request for registration or participation in an event, use security elements during navigation, store content for the broadcast videos or sound or share content through social networks. - Personalization cookies: These are the ones that allow the user to access the service with some predefined general characteristics based on a series of criteria in the user's terminal, such as the language, the type of browser through which the user accesses the service, the regional configuration from where you access the service, etc. - Analysis Cookies: Those that are well treated by us or by third parties, allow us to quantify the number of users and thus perform the measurement and statistical analysis of the use made by users of the service offered. To do this, we analyze your browsing on our website in order to improve the offer of products or services that we offer. - Advertising cookies: Are those that, well treated by us or by third parties, allow us to manage in the most efficient way possible the offer of the advertising spaces that are on the web page, adapting the content of the advertisement to the content of the service requested or to the use you make of our website. For this we can analyze your browsing habits on the Internet and we can show you advertising related to your browsing profile. - Behavioral advertising cookies: These are those that allow the management, in the most efficient way possible, of the advertising spaces that, if applicable, the editor has included in a web page, application or platform from which the requested service is provided. These cookies store information on the behavior of users obtained through the continuous observation of their browsing habits, which allows the development of a specific profile to display advertising based on it. Third party cookies: The Web of www.esferic.com