Object and acceptance
This legal notice regulates the use of the website https://esenziashop.es , hereinafter, the website, owned by ESENZIA ENTERPRISE 2019, SL, hereinafter, THE PROVIDER.
The PROVIDER of the website makes this document available to users with which it intends to comply with the obligations set forth in article 10 of Law 34/2002, of July 11, on information society services and of electronic commerce, as well as informing all users about the conditions of use of the website.
The PROVIDER may modify this legal notice at any time, as well as any other general or particular conditions, regulations of use, instructions or notices that may apply, notifying users sufficiently in advance in order to improve the services offered through from the web. By modifying the legal notice published on the website, said duty of notification will be understood as fulfilled.
Browsing the PROVIDER's website attributes the condition of user thereof and implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, which may be modified, so if the user is not in accordance with any of the conditions established herein, you must not use this website.
Likewise, the PROVIDER reserves the right to suspend, interrupt or stop operating the website at any time.
Therefore, we recommend prior viewing of the content of the legal notice to know at all times the conditions of access, use and use of the website.
This website has been created by the PROVIDER for informational purposes and for the personal use of users. Through this legal notice, it is intended to regulate the access and use of this website, as well as the relationship between the website and its users.
By accessing this website, the following terms and conditions are accepted:
a) Access to this website is the sole responsibility of the users.
b) Mere access to this website does not imply any type of commercial relationship between the PROVIDER and the user.
d) The PROVIDER can offer services that may be subject to their own particular conditions that, depending on the case, replace, complete and/or modify these conditions, and about which the user will be informed in each specific case.
e) The user undertakes to make correct use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user will respond to the PROVIDER or to third parties, for any damages that may be caused as a result of breaching said obligation.
Under the domain esenziashop.es the following services are offered:
• Provider: ESENZIA ENTERPRISE 2019, SL
• NIF: B16837858
• Registered in the Mercantile Registry of Seville Volume 7120, Folio 160, Section 8, Page SE132082
• Address: C/ Ciudad de Montilla Block 3, 1º 4 - 41008 Seville (Spain)
• Telephone: (+34) 622 13 00 17
• Email: email@example.com
All notifications and communications between users and the PROVIDER will be considered effective, for all purposes, when they are made through postal mail or any other means detailed above.
The website offers the user information about the items and/or products that can be purchased through the online store made available by the PROVIDER.
Access to the website is free for the user, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the user and implies unreserved acceptance of these conditions of use. use that the user claims to fully understand.
In general, in order to access the informative content of the website, prior user registration will not be necessary.
However, some services require the prior registration of the user by completing the corresponding electronic registration forms that are established on the website for this purpose and the acceptance of the terms and conditions of use that the PROVIDER establishes for this purpose.
Access keys or similar
In the event that any website service includes access codes or usernames, the User will choose and indicate their own access codes (username, e-mail, log, password, password, or similar), not being able to choose for them words, expressions or graphic-denominational sets that are profane, insulting, coinciding with brands, trade names, store signs, company names, advertising expressions, names and pseudonyms of publicly relevant or famous personalities for whose use they are not authorized and, in general, contrary to the law or to the requirements of morality and generally accepted good customs.
The assignment of the user name (log) occurs automatically after the User's choice. In the event that these requested passwords are reserved, the User must enter new access passwords.
The user is responsible for maintaining the confidentiality of the password associated with his account, which he will use to access the website, and undertakes to make diligent use of the access codes, not to make them available to third parties, and to notify the PROVIDER the loss or theft of the access codes and the possible access by a third party to them.
If the user detects any unauthorized use of his account, he must immediately notify the PROVIDER.
In relation to browsing the website by minors, the user is warned that the PROVIDER cannot control, apart from other circumstances, that minors under 14 years of age make use of the website and its services. For this reason, the PROVIDER does not assume any responsibility in this regard, and it is communicated that the parents and guardians will be the only ones responsible for controlling and assisting minors in browsing this website and enabling any other necessary mechanisms that, where appropriate. , prevent access by minors to the website and/or its services, the PROVIDER not accepting any claim in this regard.
In the event that some of our services are specifically aimed at minors, the PROVIDER will request the consent of the parents or guardians for the collection of personal data or, where appropriate, for the automated processing of the data.
Rules of use of the website
The user undertakes to use the website and all its content and services in accordance with the provisions of the law, morality, public order and these conditions.
The PROVIDER may interrupt access to its website at any time if it detects a use contrary to the law, good faith or these conditions.
Likewise, the user expressly undertakes and undertakes to make appropriate use of the contents and services of the website and not to use them to:
a) Disseminate criminal, violent, pornographic, racist, xenophobic, offensive content, advocating terrorism or, in general, contrary to law or public order.
b) Carry out illegal activities or activities that constitute a crime, that violate the rights of third parties and/or that infringe the regulation on intellectual and industrial property, or any other norms of the applicable legal system.
c) Introduce computer viruses into the network or carry out actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the PROVIDER or third parties; as well as hinder the access of other users to the website and its services through the massive consumption of computer resources through which the PROVIDER provides its services.
d) Try to access the email accounts of other users or restricted areas of the website and, where appropriate, extract information.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
g) Collect data for advertising purposes and to send advertising of any kind and communications for sales purposes or others of a commercial nature without your prior request or consent.
Exclusion of Liability
User access to the website does not imply for the PROVIDER the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the user is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
The PROVIDER is not responsible for damages caused to the software and computer equipment of users or third parties during the use of the services offered on the website.
The PROVIDER is not responsible for damages or losses of any kind produced in the user that cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the website service during the provision of the same or with character previous.
The PROVIDER reserves the right to make the modifications it deems appropriate on its website without prior notice, being able to change, delete or add both the contents and services provided through it and the way in which they appear presented or located on the website.
Intellectual and industrial property
The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the source code, designs, logos, texts and/or graphics are the property of the PROVIDER or, where appropriate, licensed or express authorization from the authors.
All the contents of the website are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registries.
The total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case the prior written authorization of the PROVIDER.
Any use not previously authorized by the PROVIDER will be considered a serious breach of the intellectual or industrial property rights of the author.
The designs, logos, text and/or graphics outside the PROVIDER and that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them.
The PROVIDER acknowledges the corresponding industrial and intellectual property rights in favor of their owners, their mere mention or appearance on the website not implying the existence of any rights or responsibility of the PROVIDER over them, nor does it imply endorsement, sponsorship or recommendation by of the same.
The establishment of a hyperlink does not imply in any case the existence of relations between the PROVIDER and the owner of the website in which it is established, nor the acceptance and approval by the PROVIDER of its contents or services.
Those persons who intend to establish a hyperlink must previously request written authorization from the PROVIDER.
In any case, the hyperlink will only allow access to the home-page or home page of the websites, it must also refrain from making false, inaccurate or incorrect statements or indications about the PROVIDER, or include illegal content, contrary to good customs and public order.
The PROVIDER is not responsible for the use that each user makes of the information made available on the website or for the actions carried out based on it.
The PROVIDER does not assume any responsibility for the information contained in third-party web pages that can be accessed by "links" or links from any web page owned by the PROVIDER.
The presence of "links" or links on the PROVIDER's website is for informational purposes only and in no case does it imply a suggestion, invitation or recommendation about them.
Sending Commercial Communications
In compliance with the provisions of the second final provision of Law 9/2014, of May 9, on Telecommunications, which modifies Law 34/2002, of July 11, on services of the information society and electronic commerce, Commercial communications made electronically must be clearly identifiable as such, and the natural or legal person on whose behalf they are made must also be clearly identifiable, without prejudice to the provisions of the regulations issued by the Autonomous Communities with exclusive powers over consumption.
The user, who provides their contact information to the PROVIDER by clicking on the "SEND" button of the electronic forms for the collection of personal data existing on the website and affirmatively marking the two existing boxes for obtaining consent, "I accept the treatment of my data according to the purposes indicated in the basic information on data protection" and "I give my consent to receive commercial communications of its articles and/or products", manifestly authorizes and grants its express, free and unequivocal consent to the PROVIDER to treat your personal data in order to send you commercial communications about your articles and/or products by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or by other equivalent electronic means of communication.
The legal basis that legitimizes this treatment is the consent of the interested party, which may be revoked at any time.
In compliance with the provisions of articles 21 and 22 of Law 34/2002, of July 11, on services of the information society and electronic commerce, the user may oppose the processing of their data for promotional purposes and revoke the consent given to the reception of commercial communications via email with the simple notification of his will to the PROVIDER through a simple and free procedure, consisting of sending an email to the email address firstname.lastname@example.org, indicating in the Subject of the message “LOW” or “DO NOT SEND”.
The website servers may automatically detect the IP address and domain name used by the user.
An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity file that allows the subsequent processing of the data in order to obtain solely statistical measurements that allow knowing the number of page impressions, the number of visits made to web services, the order of visits, the access point, etc.
The PROVIDER disclaims any type of responsibility derived from the information published on its website, provided that this information has been manipulated or entered by a third party.
In accordance with articles 11 and 16 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, THE PROVIDER makes itself available to users, competent authorities and security forces and bodies to remove or block content that violates the law, the rights of third parties or morality and public order.
The website has been reviewed and tested to work properly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, the PROVIDER does not rule out the possibility that there are certain programming errors, or that force majeure, natural disasters, strikes, or similar circumstances occur that make access to the website impossible.
The PROVIDER does not guarantee the uninterrupted operation of the application for reasons beyond its control.
In the event of interruption of the operation of the website, the PROVIDER undertakes to return it to a good state of operation as soon as possible.
Procedure in case of illegal activities
In the event that any user or a third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, they must send a notification to the PROVIDER, duly identifying themselves, specifying the alleged violations and expressly declaring and under their responsibility that the information provided in the notification is accurate.
Legislation and applicable jurisdiction
For the resolution of all disputes or issues related to this website or the activities carried out on it, Spanish legislation will apply, to which the parties expressly submit, being competent to resolve all disputes arising or related to its use, the Courts and Tribunals of Seville (Spain), unless the user is a consumer, in which case the parties submit to the Courts and Tribunals of the domicile where the consumer has his habitual residence.
If any clause included in these conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, subsisting these conditions in all the rest and considering such provision in whole or in part by not included.