Sportwear Argentona

Legal Notice

Access, navigation and use of the website spwear.es (hereinafter, the ‘Website’) implies express and unreserved acceptance of the terms in this Legal Notice. Its observance and compliance will be enforceable against any person who accesses, browses or uses the Website.

Identification

Owner: Sportwear Argentona S.A. (en adelante, ‘Sportwear’)

Registered office: Camí del Cementiri, 4 08319 Dosrius, Barcelona

Tax ID: A61806360

E-mail: info@spwear.es

Web: https://spwear.es.

Purpose

This Legal Notice governs the access, navigation, and use of the Website, notwithstanding the fact that the Owner reserves the right to modify the presentation,configuration and content of the Website, as well as the conditions required for its access and /or use. Access and/or use of the Website after the entry into force of its modifications or changes implies acceptance thereof.

However, access to certain content and the use of certain services may be subject to certain specific conditions, which will be clearly displayed and must be expressly accepted by Users. These specific conditions may replace, complete or, where appropriate, modify those established in this Legal Notice.

For the purposes of interpreting this Legal Notice, it is understood that a person becomes a user (hereinafter, ‘User’ or ‘Users’) at the moment they accept this Legal Notice and the Privacy Policy set out in the website.

Access and Registration

Access to and use of the Website implies that the User entirely accepts and undertakes to fully comply with this Legal Notice, as well as the instructions or recommendations indicated in each specific case through the Website.

In any case, access and navigation on the Website by minors under fourteen (14) years of age is prohibited, unless they have prior and express authorization from their parents, guardians or legal representatives, who will be considered as responsible for the acts carried out by the minors in their charge, in accordance with current regulations. In any case, it will be presumed that access by a minor to the Website has been made with the prior and express authorization of their parents, guardians, or legal representatives.

Intellectual and industrial property rights

The Owner is the owner or, where appropriate, has the corresponding licenses on the exploitation rights of intellectual and industrial property necessary to operate the Website, as well as all the content offered on it, including the Website itself, texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it.

In no case will it be understood that the access, navigation and use of the Website by the User implies a waiver, license, or total or partial transfer of said rights by the Owner. The User has a right to use the contents and/or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the services provided in accordance with this Legal Notice.

References to trademarks or registered trade names, or other distinctive signs, whether owned by the Owner or third parties, imply the prohibition of their use without the consent of the Owner or the legitimate owners thereof. At no time does the access, navigation or use of the Website and/or its contents confer on the User any rights over the distinctive signs included therein, unless otherwise provided in this Legal Notice.

All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the entire or part of the content included in the Website, for any purpose, without the prior, express and written authorization of the Owner or, where appropriate, the Owner of the corresponding rights.

In addition, it is prohibited to suppress or manipulate the copyright or other credits indications that identify the holders of rights of the contents that the User finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism or information incorporated into the content offered on the Website.

In the event that the User sends information or content of any kind to the Owner through any of the channels provided for this purpose, the User declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual or industrial property rights, trade secrets, or any other rights of third parties, and that said information is not confidential or harmful to third parties.

The User assumes responsibility, holding the Owner harmless for any communication or content that they send personally or on their behalf.

If the User becomes aware of the existence of any illicit, illegal content, contrary to the laws or that could imply an infringement of intellectual or industrial property rights, or of any other nature, they must immediately notify the Owner at info@spwear.es so it can take appropriate measures.

Similarly, in the event that any User or a third party considers that any of the contents of the Website owned by the Owner violates their intellectual, industrial, or any other property rights, they must send an email to info@spwear.es with the following information:

1) Information and method of contacting the claimant or their legal representative.
2) Documentation that proves the condition as Owner of the rights allegedly infringed.
3) Detailed account of the rights allegedly infringed by the Owner, as well as their exact location within the Website.
4) Express declaration by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.

Links

A) Links to other websites

In the event that links to other websites are displayed on the Website through different buttons, links, banners or embedded content, the Owner informs that these are managed by third parties, and the Owner does not have the human or technical means to control and/or approve all the information, content, products or services provided by other platforms linked to from the Website.

Consequently, the Owner is not liable for any aspect related to the Website or web page to which a link could be established from the Website, specifically, by way of example, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.

In this sense, if the Users had effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and/or public order, they must immediately notify the Owner in order to proceed to disable the link, an action that will be carried out in the shortest possible time.

In any case, the establishment of any type of link from the Website to another external website will not imply that there is any type of relationship, collaboration, or dependence between the Owner and the person in charge of said external website.

B) Links to the owner’s profile on other platforms and social networks

The Owner makes available to Users, through different tools and applications, links that allow Users to access the profiles and pages of the Website on different platforms and social networks belonging to and/or managed by third parties (eg Twitter, Facebook, YouTube, etc.). The sole purpose of including these links on the Website is to provide Users with access to said profiles on the different platforms and social networks.

The establishment of these applications does not imply the existence of any relationship between the Owner and the owner, manufacturer or distributor of the linked Website, nor does it imply the acceptance and approval by the Owner of its contents and/or services, for which its owner, manufacturer or distributor is solely responsible.

The activation and use of these applications may lead to the identification and authentication of the User (login/password) on the corresponding platforms, completely external to the Website and beyond the control of the Owner. By accessing these external networks, the User enters an environment not controlled by the Owner, so the Owner will not assume any liability for the security of said environments.

Since the Owner may have limited control over the content hosted on said channels, the User acknowledges and accepts that the Owner assumes no liability for the content or for the services that the User may access on said pages, or for any content, products, services, advertising, or any other material available on them.

C) Links to the website on other websites

The Owner does not authorize the creation of links to the Website from pages that contain materials, information, or content that is illicit, illegal, degrading, obscene, and, in general, that contravene the laws, morals or public order, or generally accepted social norms.

In any case, Users may create links that lead to the Website, as long as they meet the following conditions:

1) The link may not reproduce the content of the Website or parts of it in any way.

2) It is not permitted to create a browser or a border environment on the sections of the Website, nor may the Website be modified in any other way.

3) It is not allowed to make false or inaccurate or incorrect statements or indications on the Website and/or, in particular, declare or imply that the Owner has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website where said link has been created.

4) The website in which the link to the Website is established will not contain information or content that is illegal, contrary to morality and generally accepted good customs and public order, nor will it contain content that is contrary to any rights of third parties, including intellectual or industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or content contrary to the regulations governing the protection of personal data.

The Owner does not have the power or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have links to the Website. The Owner does not accept any liability for any aspect related to the website that establishes that link to the Website; specifically, including but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

Website usage rules

Access or use of the Website for illegal or unauthorized purposes, for profit or otherwise, is not allowed, and, therefore, the User will be liable for any such actions.This includes, but is not limited to:

1) Use of the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer equipment of a third party.

2) Use of the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files.

3) Use the Website to collect personal data from other Users.

4) Using the Website illegally, against good faith, morals and public order.

5) Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other Users about the User’s identity.

6) Unauthorised access of any part of the Website, to other systems or networks connected to the Website, to the Owner’s servers, or the services offered through the Website, by means of hacking or falsification, password extraction or any other illegitimate means.

7) Breach, or attempt to breach, the security or authentication measures of the Website or of any network connected to it, or the security or protection measures inherent to the content offered on the Website.

8) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of the Owner, as well as in the systems and networks connected to the Website.

9) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation or operation thereof, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that violates this Legal Notice.

The breach of any of the above obligations by the User may lead to the Owner taking appropriate measures under the Law and in the exercise of their rights or obligations, which may lead to the elimination or blocking of the account of the offending User, without the possibility of any compensation for damages caused.

Responsibilities and guarantees

The Owner cannot guarantee the reliability, usefulness or veracity of all the information and/or the services and contents of the Website, nor of the usefulness or veracity of the documentation made available through it.

Consequently, the Owner does not guarantee or is responsible for:

1) The continuity of the contents and services of the Website;
2) The absence of errors in said content and services;
3) The absence of viruses and/or other harmful components on the Website or on the server that supplies it;
4) The invulnerability of the Website and social media profiles and/or the impossibility of breaking the security measures adopted;
5) The lack of usefulness or performance of the contents and services of the Website; and
6) Damages or losses caused to the User or to a third party, by any person who violates the conditions, rules and instructions that the Owner establishes on the Website or through the violation of the Website’s security systems.

However, the Owner declares that it has adopted all the necessary measures, within its power and of the state of the art, to guarantee the functioning of the Website and minimize system errors, both from a technical point of view and of the content published on the Website.

The Owner does not guarantee the legality, reliability, or usefulness of the content provided by third parties through the Website. If the User becomes aware of the existence of any illicit or illegal content, contrary to the laws, or that could infringe the rights of third parties, it must immediately notify the Owner so that it can proceed to adopt the appropriate measures.

The Owner will not be responsible for the veracity, integrity or updating of the information published on the Website from sources other than itself, as well as those contained in other platforms to which it is linked from the Website. The Owner will not accept liability for hypothetical damages that may arise from the use of the aforementioned information.

The Owner will not be liable for causes beyond its control, including but not limited to: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the Owner, actions or omissions of third parties, etc. In all the aforementioned cases, beyond the control and due diligence of the Owner, there will be no compensation from the Owner to the User for damages, to the extent permitted by current legislation.

Suspension of the website

The Owner reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, accommodation and/or downloading of the content and/or use of services on the Website, with or without prior notification, for Users who contravene any of the provisions detailed in this Legal Notice, without the User being able to demand any compensation.

Confidentiality and data protection

In accordance with the provisions of Organic Law 15/1999, of December 13, on Personal Data Protection, all personal data collected during the use of the Website will be processed in accordance with the provisions of the Policy of Privacy, which every User must expressly accept in order to use and register in the system.

General

The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of this Legal Notice. Likewise, the Owner may modify the terms and conditions stipulated herein, totally or partially, by publishing any change in the same way that this Legal Notice appears or through any type of communication addressed to Users.

The temporary validity of this Legal Notice coincides, therefore, with the time of its exposure, until it is totally or partially modified, at which time the modified Legal Notice will become effective.

The Owner may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, with no possibility for the User to demand any compensation. After said termination, the prohibitions on the use of the contents set forth above in this Legal Notice will remain in force.

In the event that any provision of this Legal Notice is declared null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-applicability will not affect the remaining provisions of this Legal Notice.

The non-enforcement by the Owner of any right or provision contained in this Legal Notice will not constitute a waiver thereof, except it issues acknowledgment and agreement to this end in writing.

Applicable legislation and competent jurisdiction

This Website is governed by current legislation in Spain.

For any dispute that may arise in the interpretation and application of this Legal Notice, and to the extent permitted by current legislation, both the Owner and the Users expressly submit to the jurisdiction of the Courts and Tribunals of Madrid, waiving their own jurisdiction, if any.

Last update: 15 September 2019