Legal advice

OBJECT AND SCOPE OF APPLICATION OF THE CONDITIONS OF USE OF THE WEBSITE

These Terms and Conditions govern free access to the content of the website owned by Vanesa Aibar Gallego (hereinafter referred to throughout the website as vanesaaibar.com) by the User. The website, hereinafter the Portal or Web page, is governed exclusively by Spanish law, and both national and foreign users of this website are subject to it.

WEBSITE OWNERSHIP AND CONTACT INFORMATION

In compliance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that this website is owned by Vanesa Aibar Gallego, whose identifying details are:

  • Company name: Vanesa Aibar Gallego, hereinafter vanesaaibar.com.
  • DNI: 75105974A  
  • Registered office:  C/Nufro Sánchez 7 41008 Sevilla   
  • To contact us, we offer the following contact methods:
  • Tfno: +34 650 281 147  
  • Mail: hola@vanesaaibar.com

All notifications and communications between users and vanesaaibar.com will be considered effective, for all purposes, when made through any of the means detailed above.

ACCEPTANCE, AVAILABILITY AND MODIFICATIONS OF THE WEBSITE’S TERMS OF USE

The User agrees to read and expressly accepts these Website Terms of Use, in the version published by vanesaaibar.com at the time the User accesses the advertised content. These Terms are always available to the User and may be stored and/or reproduced. Vanesaaibar.com may modify these Terms whenever there is sufficient cause or reason, without this affecting the advertised content.

APPLICABLE RULES

This Legal Notice is subject to the provisions of Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights, of December 5, 2018 (LOPDGDD), Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

Access to the website owned by vanesaaibar.com, as well as any use made of the information and content contained therein, is the sole responsibility of the user. Access to the website is subject to current legislation and the principles of good faith and lawful use by the user. Any action detrimental to the owner is strictly prohibited. Use of the website for illegal or unauthorized purposes is expressly forbidden.

CONDITIONS OF ACCESS TO THE WEBSITE AND USE OF PRODUCTS AND SERVICES

Access to the vanesaaibar.com website is free, and you should only make purchases through it if you are of legal age. As a user, you agree to:

  • Do not falsify your identity or date of birth to access the site.
  • Do not use any of the content that vanesaaibar.com makes available to you for illegal purposes.
  • Do not perform any activity that could damage, overload, impair or impede the normal operation of the Website.
  • Do not obtain the content provided on the Web by illicit, fraudulent means, theft or plagiarism, in accordance with the provisions of the Penal Code and applicable regulations.

In the event that the User causes damage to third parties by using any content provided through the Website, the User expressly releases vanesaaibar.com from any liability that may be attributed to it. To this end, the User assumes sole responsibility for any resulting damages.

vanesaaibar.com, in order to guarantee rights in compliance with these Terms and Conditions and respect for current legislation, may:

  • Proceed with the supervision of the Website through its administrators, respecting the secrecy of communications and the privacy of the User and in particular, adopt all necessary measures so that in case of discovering identity falsification in a minor, the parents or legal guardians are informed as appropriate.
  • To temporarily interrupt the service without prior notice for technological or legal reasons that will be duly justified.
  • Modify the Terms of Use of the content when there is sufficient cause or reason, or when technological or legal reasons so advise.
  • Modify the content of the website without prior notice, when for reasons of its activity it deems it appropriate.
  • To prohibit access to the content, without prior notice, to any User who contravenes the provisions of these Conditions.

RESPONSIBILITIES OF THE PARTIES

Vanesaaibar.com’s responsibility:

  • vanesaaibar.com will only be liable for damages that the User may suffer as a result of accessing the Website when such damages are attributable to a willful act of the company.
  • Furthermore, it will not be liable for any damage caused to the User in the event of impossibility of providing the service due to unforeseen circumstances, force majeure or other causes not attributable to vanesaaibar.com.
  • Likewise, vanesaaibar.com will not be responsible for the improper functioning of the Website if it is due to maintenance work, incidents, a defective functioning of the terminal or its insufficient capacity to support the systems necessary to use the service.
  • vanesaaibar.com will take the appropriate measures to ensure a prompt response, but will not be held responsible for delays caused by telecommunications services.

User Responsibility:

  • The User will be solely responsible for the consequences arising from the communication of data that is not true, (including age), as well as data belonging to persons other than the User himself.
  • In the event of non-compliance by the User with their obligations, vanesaaibar.com reserves the right to take appropriate legal action, as well as the right to restrict access to the advertised content.

LIMITATION OF LIABILITY

vanesaaibar.com strives to ensure that the information on the website is accurate and up-to-date.

The User releases vanesaaibar.com from any liability that may arise from interruptions in the availability of access to the content, caused by force majeure or causes beyond its control, such as the modem, the User’s computer system, the browsing software, viruses, interconnection of telephone and electrical networks, ADSL line, fiber optics, ISDN, and/or any other transport or telecommunications infrastructure used by the User.

vanesaaibar.com will not be liable for any damages or losses that may be caused to the User by content owned by third parties. The risks arising from accessing content owned by third parties are the sole responsibility of the User, who must abide by the terms and conditions of said content, for which vanesaaibar.com is also not responsible.

In the event that any user or a third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and/or the performance of any activity on the web pages included in or accessible through the website, they have the obligation to send a notification to vanesaaibar.com, properly identifying themselves and specifying the alleged infringements.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The intellectual property rights of this Website, its source code, design, navigation structures and the various elements contained therein are the exclusive property of vanesaaibar.com, who holds the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European Union legislation.

Total or partial reproduction of the contents of this Website is strictly prohibited without the express written consent of the Owner.

Unauthorized use of this content by any other person or company will result in legally established liabilities.

vanesaaibar.com may display services or products with the registered trademarks and commercial logos indicated on its website. vanesaaibar.com is the legitimate owner of its registered trademarks and promotional materials.

Any form of exploitation is prohibited, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, through any type of support and means, of the aforementioned works, creations and distinctive signs without prior and express authorization from their respective owners.

Failure to comply with this prohibition may constitute an offense punishable under current legislation.

Except in cases expressly authorized by vanesaaibar.com, it is prohibited to present this Website or the information contained therein under frames or borders, distinctive signs, trademarks or corporate or commercial names of another person, company or entity, including expressly the photographic content that is considered the exclusive property of the Owner.

Infringement of any of the aforementioned rights may constitute a violation of these General Terms of Use, as well as a crime punishable under Articles 270 et seq. of the Penal Code.

APPLICABLE LAW AND JURISDICTION

These terms and conditions are governed by applicable Spanish law. For the resolution of any disputes that may arise as a result of these provisions, and expressly waiving any other jurisdiction that may apply, the User agrees to submit to the jurisdiction of the Courts of Seville, except for matters arising from the online sales contract itself, which will be subject to the jurisdiction of the buyer’s domicile.

In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we provide the customer with the following link which allows access to the European Union’s online dispute resolution platform.

NULLITY AND INEFFECTIVENESS OF CLAUSES

If any clause included in these Terms is declared wholly or partially null or ineffective, such nullity will only affect that provision or the part thereof that is null or ineffective, the Terms remaining in full force and effect in all other respects.