LEGAL WARNING

FIRST.- OWNER OF THE WEB

PUERTO EDEN, SL (Hereinafter SIYU), with registered office at C / Serpis, 66 – Pta 87, 46022 Valencia is a Spanish limited liability company, with Tax Id. No. B97455083 and registered in the Mercantile Register of Valencia under Volume 7790, Book 5086, Folio 111, Page V-96582, owner of this Website. You can contact SIYU at the postal address stated above, as well as through the telephone number 962743074.

SECOND.- SUBJECT OF THE WEB

SIYU makes available to the public (hereinafter the user), accessing www.siyu.es (hereinafter the WEB), information and data (hereinafter the CONTENTS and / or SERVICES), through an informative website. The CONTENTS of the web are provided and created by the company itself.

Due to the nature of the Website itself, as well as to its content and purpose, practically all of the navigation is carried out without registration as a user. SIYU reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, SIYU recommends all users to read them carefully every time they access the Website.

Finally, due to the nature of the Web itself, the contents of these General Conditions may be modified or changed. Therefore, users are required to read these General Conditions every time they access the Website, accepting that the corresponding conditions in force at the time of access will be of application

THIRD.- ACCESS TO THE WEB

The user’s access to and use of this WEB does not involve any obligation on the quality and speed of access by SIYU, which may modify the access conditions or cancel access to the WEB, or part of the web without prior notice. The hardware and software necessary to access the web will be paid by the users. SIYU will not be responsible for the correct working or the consequences thereof, nor for the rights of use or licenses required for their use. Neither will SIYU be responsible for any anomaly, malfunction, deterioration, deletion of data or software that may occur in the users’ computers or systems, as a direct or indirect consequence of the access or attempt to access this WEB. The service provided by SIYU through its WEB is for an indefinite period, without prejudice to its suspension or cancellation without prior notice.

FOURTH – PRODUCTS PURCHASE

To place an order, it is necessary to register as a user following the instructions in the shop on-line.

Firstly, you must add the product you want to buy to the basket, according to the indications displayed and then fill out the order form provided and validate it to place a binding order.

The prices and offers presented in the shop on-line are valid for orders placed directly from the web. The validation of the order by the user expressly implies the acknowledgement  and acceptance of the general contracting conditions published on this website as part of the execution of the contract. Unless there is a contrary evidence, the data registered by SIYU constitute the proof of the set of transactions made between SIYU and the user / customer.

 Once the purchase has been made and in the shortest possible time from the confirmation of the purchase, SIYU will send you a receipt of the purchase by e-mail. If you do not agree with the information included in this confirmation you can request the modification thereof or the cancellation of the contract contacting the following email address maite@puertoedenmoda.com, no later than 48 hours after the confirmation stated.

FIFTH.- CORRECT USE OF THE WEB

The user undertakes to use the Services in a diligent, correct and legal manner and, specifically, including but not limited, not to:

• use the Services in a manner, for purposes or effects contrary to law, morals and generally accepted good practices or public order;
• reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless it has obtained the authorization of the owner of the corresponding rights or it is legally allowed;
• perform any act that may be considered a violation of any intellectual or industrial property rights of SIYU or third parties;
• use the Services and, in particular, any kind of information obtained through the Website, to send advertising, direct sale communications or communications with some other kind of commercial purpose, unsolicited messages addressed to a group of people regardless of its purpose, as well as to market or disclose said information in any way;

The user will be liable for damages of any nature that SIYU may suffer, by or as a consequence of the breach of any of the aforementioned obligations as well as of any other included in these General Conditions and / or those imposed by the Law in relation to the use of the Website.

SIYU will ensure at all times the respect of the current legal system, and will be entitled to interrupt, at its sole discretion, the Service or to exclude the user from the Website in case of alleged commission, complete or incomplete, of any of the crimes or offences under the current Penal Code, or in case of observing any behaviour that in the opinion of SIYU is contrary to these General Conditions, the General Contracting Conditions operating for this Website, the Law, the regulations established by SIYU or its collaborators or that can disturb the good functioning, image, credibility and / or prestige of SIYU.

SIXTH.- PROPERTY RIGHTS

All of the Website’s contents, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the sole property of SIYU or third parties, whose rights in this regard are legitimately held by SIYU, 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. The violation of any of the aforementioned rights may constitute a breach of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Spanish Penal Code.

Those users who send remarks, opinions or comments to the Website through the electronic mail service or by any other means, whenever it is possible, due to the nature of the Services, are understood to have authorized SIYU for the reproduction, distribution, public communication, transformation, and for the exercise of any other right of exploitation of such remarks, opinions or comments, for all the time of the copyright protection legally envisaged and without territorial limitation. Likewise, it is understood that this authorization is free of charge.

Claims that may be filed by users regarding possible breaches of intellectual or industrial property rights on any of the Services of this Website should be addressed at our postal address.

SEVENTH.- LEGAL DISCLAIMER

SIYU reserves the right to interrupt access to the Website, as well as the provision of any or all of the 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, SIYU does not guarantee the reliability, availability or continuity of its Website or the Services, reasons why the use thereof by the user is carried out at its own risk, without implying SIYU’s being held responsible in this regard at any time.

SIYU will not be responsible in case of interruptions of the Services, delays, errors, malfunctions thereof and, in general, for other inconveniences whose causes lie outside the control of SIYU, and / or due to a wilful or negligent act of the user derived from unforeseeable circumstances or force majeure. Without prejudice to the provisions in article 1105 of the Civil Code, there shall be deemed included within the concept of Force Majeure, and, for the purposes of these General Conditions, all those events that occurred outside the control of SIYU, such as: failures from third parties, operators or service companies, acts of government, impossibility to access to third party networks, acts or omissions of the Public Authorities, those events occurred as a result of natural phenomena, blackouts, etc. and attacks from hackers or third parties specialized in security or integrity of the computer system, provided that SIYU has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the reason, SIYU will not assume any liability whatsoever for direct or indirect damages, consequential damages and / or loss of profits.

SIYU denies any liability for damages of any nature caused by the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website, as well as by the Services provided or offered by third parties or entities. SIYU will make its best efforts to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information disclosed in it. In this sense, SIYU has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by users or collaborators, except in the cases so required by current legislation or when required by a competent Judicial or Administrative Authority.

Similarly, SIYU declines any responsibility for damages of any kind caused by viruses or other harmful elements in the contents that may result in the alteration of computer systems as well as of the stored documents or systems in them.

SIYU is not responsible for the user`s utilisation of the Website Services, as well as of any other material thereof which violates the intellectual or industrial property rights or any other third parties’ rights.

The user undertakes to hold SIYU harmless, for any damage, loss, penalty, expense (including, without limitation, attorneys’ fees) or civil, administrative or any other liability that SIYU may suffer as a result of its breach. or partial or defective performance of the provisions in these General Conditions or in the applicable legislation, and, especially, in relation to its obligations regarding the protection of personal data collected in these conditions or established in the LOPD and developing regulations.

EIGHTH.- LINKS TO OTHER WEBSITES

SIYU does not guarantee or assume any type of responsibility for the damages suffered because of the access to the Services / content of third parties through connections or links of the linked sites or the accuracy or reliability thereof. The purpose of the links in SIYU is exclusively to inform the user about the existence of other sources of information on the Internet, where it can expand the Services offered by the Portal. SIYU will not be responsible in any case for the result obtained through such links or the consequences resulting from the access by users to them. These third-party services are provided by them, so SIYU cannot control and does not control the legality of the Services or their quality. Consequently, the user must exercise extreme caution in the assessment and use of the existing information and services in the contents of third parties.

NINTH.- DATA PROCESSING AND USE OF COOKIES

SIYU informs you that no personal data that identifies a user is automatically recorded for the mere fact of visiting this web portal, instead, there is certain non-personal information and not identifiable with a specific user that is collected during the session in real time through devices called “cookies”.  Those “cookies” are small data files generated on the User’s computer and that allow us to obtain the following information:

• The date and time of access to the Website. This allows us to find out peak hours, and to make the necessary adjustments to avoid saturation problems during said peak hours.
• The number of daily visitors to each section. This allows us to know the most successful areas and increase and improve its content for the Users to obtain a more satisfactory result.
• The date and time of the last time the User visited the Website.
• The content design that the User chose in its first visit to the Website.
• Security elements involved in the control of access to restricted areas.

The information obtained is completely anonymous, and in no case can it be associated to a specific and identified User. This information allows SIYU to adapt and improve its Services to the User’s interests. On the other hand, this website uses Google Analytics, an analytical service of the cookies described above provided by Google, Inc. However, the User can prevent the generation of cookies, by selecting the corresponding option in its browser. SIYU informs you that in the event that you disable the use of cookies, browsing may get slower than usual.

On the other hand, if, in certain Content or Services, SIYU requested certain personal data from the User through the forms provided to that effect, and in accordance with the provisions in the new General Regulation of Personal Data Protection, we inform you that the personal data that you provide through our website or through emails, will be incorporated into the automated files  property of PUERTO EDEN, SL as the owner of SIYU with address at C / Serpis, 66 – Pta 87 , 46022 Valencia, that shall be used to manage your information requests and to send you advertising communications about offers, activities and services developed by the company. The user must know and accept at all times the privacy policy described in this web portal

On its side, SIYU informs all users of the non-mandatory nature of the personal data collection, except in the fields indicating otherwise. However, failure to complete said data may prevent SIYU from providing all those Services linked to such data, exonerating it from any responsibility for the non-provision or incomplete provision of these Services.

The user has the obligation to provide the data in a truthful manner and to keep them updated, SIYU reserving the right to exclude from the Services any User who has provided false data, without prejudice to any other actions that may be appropriate under Law. All users can exercise the rights of access, rectification, deletion, limitation of processing and data portability,  writing to PUERTO EDEN, SL , Velluters Street No. 35 CP 46980 PATERNA (VALENCIA), attaching a photocopy of the DNI (ID Card).

TENTH.- APPLICABLE LAW AND JURISDICTION

For any interpretive or litigious matters that may arise, the Spanish legislation will apply, and in case of dispute, both parties agree to submit, with express waiver of any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Valencia (Spain).