This Legal Notice regulates the use of the WWW.TOPHATS-SHOP.COM website (hereinafter, THE WEB), which is owned by CAPLAND ILURO, SL (hereinafter, THE OWNER OF THE WEB) with which we intend to comply with the obligations provided by Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE or LSSI), as well as informing all users of the website regarding the conditions of use of the website.
In order to comply with article 10 of Law 34/2002 on Services of the Information Society and Electronic Commerce, we inform users of our data:
- Name or Corporate Name: CAPLAND ILURO, SL
- NIF: B67219055
- Residence or registered office: CAMI CA LA MADRONA 24 1st, 08304, MATARO (BARCELONA)
- Email: INFO@TOPHATS.ES
- Telephone: 931713825
- Registration Data: This company is registered in the Mercantile Registry of Barcelona, entry 2648 of journal 1286, 1st entry of page B-518988, to page 117 of volume 46407.
Browsing the website of CAPLAND ILURO, SL attributes the condition of USER and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications.
The user undertakes to make proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user will respond to CAPLAND ILURO, SL or to third parties, for any damages that may be caused as a result of breach of said obligation.
All notifications and communications between users and CAPLAND ILURO, SL will be considered effective, for all purposes, when made through postal mail or any other means detailed above.
2. CONDITIONS AND OBLIGATIONS OF ACCESS AND USE
The website and its services are free and open access, however, CAPLAND ILURO, SL conditions the use of some of the services offered on its website to the prior completion of the corresponding form.
The user guarantees the authenticity and timeliness of all those data that he communicates to CAPLAND ILURO, SL and will be solely responsible for any false or inaccurate statements made.
The user expressly agrees to make proper use of the contents and services of CAPLAND ILURO, SL and not to use them for, among others:
a) Disseminate content, criminal, violent, pornographic, racist, xenophobic, offensive, of apology for terrorism or, in general, contrary to law or public order.
b) Introduce computer viruses into the network or carry out actions that could alter, damage, interrupt or generate errors or damages in the electronic documents, data or physical and logical systems of CAPLAND ILURO, SL 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 CAPLAND ILURO, SL provides its services.
c) Try to access the email accounts of other users or restricted areas of the IT systems of CAPLAND ILURO, SL or third parties and, where appropriate, extract information.
d) Violate the rights of intellectual or industrial property, as well as violate the confidentiality of the information of CAPLAND ILURO, SL or third parties.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproduce, copy, distribute, make available or in any other way communicate publicly, 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 sale or other commercial purposes without your prior request or consent.
All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to CAPLAND ILURO, SL, without being understood to be assigned to the user none of the exploitation rights over them beyond what is strictly necessary for the correct use of the website.
Ultimately, users who access this website can view the contents and make, where appropriate, authorized private copies provided that the reproduced elements are not subsequently transferred to third parties, nor are they installed to servers connected to networks, nor are they subject to No type of exploitation.
In any case, CAPLAND ILURO, SL will not be responsible for the opinions expressed by users through the blog or other participation tools that may be created, in accordance with the provisions of the application regulations.
Likewise, all brands, trade names or distinctive signs of any kind that appear on the website are the property of CAPLAND ILURO, SL, without it being understood that the use or access to it gives the user any right over them.
All the contents that appear on this website are property of the CAPLAND ILURO, SL or of third parties that have previously authorized their use. Therefore, it will not be understood in any way that the use or access to it gives the user any right over them.
The distribution, modification, assignment or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights are prohibited.
The establishment of a hyperlink does not imply in any case the existence of relations between CAPLAND ILURO, SL and the owner of the website on which it is established, nor the acceptance and approval by CAPLAND ILURO, SL of its contents or services . Those who intend to establish a hyperlink must previously request authorization in writing to CAPLAND ILURO, SL. In any case, the hyperlink will only allow access to the home page or home page of our website, it must also refrain from making false, inaccurate or incorrect statements or indications about CAPLAND ILURO, SL, or include illegal, contrary content to good customs and public order.
CAPLAND ILURO, SL is not responsible for the use that each user gives to the materials made available on this website or for the actions they perform based on them.
The user is obliged, in those cases that are requested data or information, not to falsify his identity by posing as any other person.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
You admit and consent that all copyright, trademark and other industrial and intellectual property rights over the materials or contents that are provided as part of the website correspond to us at all times or to those who granted us a license for their use. You may make use of such material only in the manner expressly authorized by us or those who licensed us for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or Contact information.
By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, the reproduction, distribution and public communication, including its mode of making available, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, without the authorization of the WEBSITE HOLDER.
4. LINKS, VIRUSES AND OTHER COMPUTER MATTERS
You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or material that is technologically harmful or harmful. You will not attempt to have unauthorized access to this web page, to the server on which this page is hosted or to any server, computer or database related to our web page. You agree not to attack this web page through a denial of service attack or a distributed denial of service attack.
Failure to comply with this clause could lead to the commission of infractions typified by the applicable regulations. We will report any breach of said regulations to the competent authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will immediately cease to be authorized to use this web page.
We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from it or to which it redirects.
In the event that our website contains links to other web pages and third-party materials, such links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.
5. EXCLUSION OF GUARANTEES AND LIABILITY
The content of this website is of a general nature and is for informational purposes only, without fully guaranteeing access to all content, its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose.
CAPLAND ILURO, SL excludes, as far as the legal system allows, any responsibility for damages of any nature derived from:
a) The impossibility of accessing the website or the lack of veracity, accuracy, completeness and / or topicality of the contents, as well as the existence of defects and defects of all kinds of the contents transmitted, disseminated, stored, made available to those that have been accessed through the website or the services offered.
b) The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
c) Failure to comply with the laws, good faith, public order, traffic uses and this legal notice as a result of improper use of the website. In particular, and by way of example, CAPLAND ILURO, SL is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy and the image itself, as well as the regulations on unfair competition and illegal advertising.
Likewise, CAPLAND ILURO, SL declines any responsibility with respect to the information found outside of this website and is not directly managed by CAPLAND ILURO, SL. The function of the links that appear on this website is exclusively to inform the user about the existence of other sources likely to expand the contents offered by this website. CAPLAND ILURO, SL does not guarantee nor is responsible for the operation or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, so it will not be responsible for the result obtained. CAPLAND ILURO, SL is not responsible for the establishment of hyperlinks by the others.
CAPLAND ILURO, SL does not guarantee the continuous and permanent availability of the services, thus being exempt from any responsibility for possible damages caused as a result of the lack of availability of the service due to force majeure or errors in the telematic networks of data transfer, outside their will, or for disconnections made for improvement or maintenance of computer equipment and systems. In these cases, CAPLAND ILURO, SL will make its best efforts to notify the interruption 24 hours in advance. CAPLAND ILURO, SL will not be responsible for the interruption, suspension or termination of the information or services. Likewise, it is not responsible for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality that originate in technical problems, communications or human omissions, caused by third parties or not attributable to CAPLAND ILURO, SL. Nor will it be liable for damages caused by computer attacks or caused by viruses that affect computer programs, communications systems or equipment used by CAPLAND ILURO, SL but manufactured or provided by a third party. CAPLAND ILURO, SL may, at its sole discretion, deny, withdraw, suspend and / or block at any time and without prior notice the access to information and services to those users who violate these rules.
Except for the cases that the law expressly imposes otherwise, and exclusively with the extent and extent to which it is imposed, the application does not guarantee or assume any responsibility regarding the possible damages caused by the use and use of the information, data and services of CAPLAND ILURO, SL.
In any case, CAPLAND ILURO, SL excludes any responsibility for damages that may be due to the information and / or services provided or provided by third parties other than the Company. All responsibility will be of the third party, whether provider, collaborator or other.
6. OTHER CONDITIONS
If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in effect, without being affected by said declaration of nullity.
These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written.
You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written in the negotiations initiated by the two before it, except as expressly mentioned in these Conditions.
Neither you nor we will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available to you The other part will be for breach of contract in accordance with the provisions of these Conditions.
We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive. If you do not agree with the modifications introduced, we recommend that you do not use our website.
Applicable Legislation and Jurisdiction
The use of our website and contracts for the purchase of products through said website will be governed by Spanish law. Any dispute that arises or is related to the use of the website or to such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect the rights recognized as such by current legislation.
Suggestions and claims
Your complaints and claims to our customer service will be handled in the shortest possible time and, in any case, within the legally established period.
If you as a consumer consider that your rights have been violated, you can address your complaints through the email address INFO@TOPHATS.ES in order to request an out-of-court dispute resolution.
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 or accessible through the website, you must send a notification to CAPLAND ILURO, SL duly identifying themselves, specifying the alleged infractions and expressly declaring and under their responsibility that the information provided in the notification is accurate.
For any litigious matter that concerns the website of THE OWNER OF THE WEB, Spanish legislation will be applicable, the Courts and Tribunals of Spain being competent.