“GENERAL CONDITIONS OF USE OF THE KIN COSMETICS WEBSITE”
Through this document are established the General Conditions of Use for USERS who access the website (www.kincosmetics.com), property of KIN COSMETICS SA (from now on, the PROVIDER) (A17094590), located in Polígono Industrial Bujonis 7-9, registered Company in the Registro Mercantil de Girona Volume 487, book 392 section 3rd page 36 sheet nº 6980, Inscription 1st. Accessing THE PROVIDER’S website implies the unconditional acceptance of the present General Conditions of Use.
1.- INFORMATION PRIOR TO PROCUREMENT, AVAILABILITY OF PROCUREMENT CONDITIONS, CONTRACTING PARTY AGREEMENT, DOCUMENTATION AND INFORMATION SUBSEQUENT TO PROCUREMENT:
The present General Conditions of Use, as well as the General Conditions of Procurement of the different services available on THE PROVIDER’s website www.kincosmetics.com are detailed permanently on the website owned by THE PROVIDER www.kincosmetics.com, each user being able to file them and print them and therefore be aware of the conditions of use of the website, as well as the procurement conditions under which the different services will be provided.
To the same extent, the present General Conditions are reiterated each time a USER is registered through the application form available to that effect in order to be accepted specifically by the CONTRACTING PARTY -by means of a click on “I read and accept the conditions”.
It is not technically possible for the USER to confirm the registration as user in WWW.KINCOSMETICS.COM without the acceptance of the present General Conditions. The registration as user entails the sending of a user password by THE PROVIDER in order to access the exclusive USER area, which is private and safe and from which the specific requests of services will be carríed out, all of which will be regulated by the specific General Conditions of Procurement.
The USER confirms to be of legal age, to have enough capacity to procure and to have read, understood and accepted the present specific Conditions.
Regarding the service procurement made by the USER, the PROVIDER, as soon as the procurement is produced and within a period of time no longer than twenty-four hours, will send an invoice with the description of the procured service, its cost -with a tax breakdown if applied- and the period of time by which the service is procured to the e-mail address provided by the CONTRACTING PARTY in the application form in order to confirm the service request. To the same extent, the CONTRACTING PARTY will have at its disposal with a permanent character in its private area both the present General Conditions and all the General Conditions of Procurement of the different services, as well as the details of the specific services procured and their period of applicability attached to the payment certifying invoices. Any subsequent modification of the present General Conditions or the General Conditions of Procurement of the services will be notified to the CONTRACTING PARTY fifteen days prior application, being clearly exposed in an easily accessible area of the website WWW.KINCOSMETICS.COM. All the previous documentation given may be printed and filed by the CONTRACTING PARTY, who may request such documentation via e-mail INFO@KINCOSMETICS.COM or phone on +34 902 370 570.
2.- OBJECTIVE OF THE WEBSITE
The PROVIDER’s website has been created to offer professional Internet services and thus provide an easy access for the USERS to all the information regarding such services, the entity of THE PROVIDER itself and other complementary information which THE PROVIDER may include directly or through the corresponding links. From THE PROVIDER’s website users will be able to procure and manage the services offered.
3.- CONDITIONS OF ACCESS AND USE
The use of the website WWW.KINCOSMETICS.COM does not imply the obligatory inscription or registration by the USER. This inscription will only be necessary in order to request services by means of the introduction of certain data in a USER application form where the present General Conditions of use are indicated -see clause 1 of the present Conditions. The conditions of access and use of THE PROVIDER’s website are strictly regulated by the laws currently in force and by the principle of good faith, assuming that the USER will make proper use of the website. Any acts which encroach upon legality, the rights or interests of third parties, the right to privacy and honour, protection of data, intellectual property and any action which may constitute illicit conduct are therefore prohibited. Specifically and without taxtative character THE PROVIDER prohibits the following:
Realizing actions which may on the website or though the website produce damage to the systems of THE PROVIDER or a third party.
Realizing any type of unauthorized advertisement or commercial information directly or covertly, the sending of massive unrequested e-mails (“spamming”) or the sending of large messages in order to block the net servers (“mail bombing”). THE PROVIDER receives notifications from different impartial organizations which fight against the use of this type of practice notifications when a user or CONTRACTING PARTY of the PROVIDER is sending massive unrequested e-mails. In the case that the PROVIDER receives such notifications, they will be communicated to the CONTRACTING PARTY so that the CONTRACTING PARTY can cease the aforementioned bad practices immediately. The PROVIDER will not assess whether the addresses which the CONTRACTING PARTY sent the e-mails to were obtained with the consent of the holder. The PROVIDER will act as long as an organization dedicated to the fight against these activities notifies so - these organizations receive the complaints from the people who receive unrequested e-mails - and therefore if the CONTRACTING PARTY were not to abandon the use of such practices the PROVIDER would cancel the service immediately and would resolve the present contract, reserving the exercise of as many legal actions as may be convenient in order to defend its interests.
To the same extent, it is specifically prohibited to use programs designed to cause problems or attacks on the net. It is likewise prohibited to try and test the security of the servers by realizing any type of entry or action which is not strictly necessary to the enjoyment of the user.
The PROVIDER may interrupt access to its website at any time if it detects any use contrary to legality, the good faith or the present general conditions - see seventh clause.
The contents incorporated on the website of the PROVIDER have been elaborated and included by:
The entity of the PROVIDER itself, using internal and external sources, therefore the PROVIDER is only responsible of the contents elaborated internally.
The USERS, by means of collaborations or voluntary introduction of contents, being the USERS the only party responsible for such contents, and the PROVIDER being specifically exempt of all responsibility which may be derived from such contents.
Natural and legal persons external to the PROVIDER, by means of collaborations posted directly on the website or by means of links, are the only parties responsible for the published contents, with the PROVIDER remaining specifically exempt from all responsibility in the terms specified by the Spanish legislation.
Furthermore, through the website of the PROVIDER are featured at the USER’s disposal products and services both from the PROVIDER and third parties destined to be commercialized and which will be subject to the General and specific Conditions of each one of the services. The PROVIDER does not guarantee the veracity, accuracy or currency of the contents related to the services offered by third parties and is specifically exempt from all type of responsibility for any damages claims which may derive from the lacks or mistakes in the characteristics of the services which may be offered by these third parties.
The USER who may want to post a hyperlink on its website to the website of the PROVIDER will not realize any use which is illegal or against good faith of the information, services or products presented in the PROVIDER’s website. Specifically, the USER who introduces a hyperlink agrees to:
Not destroying, damaging or altering in any way the contents, services or products presented at the disposal of the USER in the website of the PROVIDER.
Not declaring that the PROVIDER assumes the supervision of the hyperlink or of the contents of the website of the USER who introduces a link to the website of the PROVIDER in their own website. The PROVIDER will not be responsible in any case for the contents or services of the website of the USER where a hyperlink to the website of the PROVIDER is included.
Not including in their own website the brand, commercial name or any distinctive sign belonging to the PROVIDER without prior authorization of the entity.
5.- RESPONSIBILITY OF THE PROVIDER
5.1.- Connection errors, unforseeable circumstances and acts of God
The PROVIDER will not be responsible for errors, access delays, delays in the system or any anomaly which may occur related to general problems in the Internet, unforseeable circumstances or of acts of God or any other unforseeable contingency and therefore external to the good faith of the company. The PROVIDER compromises to try to solve such eventualities by putting all the means in its power and offering all the necessary support to the USER in order to solve such incidences in the fastest and most satisfactory way. To the same extent, the PROVIDER will not be responsible for communication failures which may occur due to the aforementioned causes, as well as any deletion or incomplete transitions which therefore do not guarantee the permanent operativeness of the website when this is caused by matters not attributable to the PROVIDER, or which it cannot solve with all the means in its power. The USER exempts the PROVIDER of all responsibility in case any of these causes occurs.
5.2.- Use of website: The PROVIDER will not be responsible in any case for errors or damage produced by the inefficient use or in bad faith of the service by the CONTRACTING PARTY. Neither will the PROVIDER be responsible for the major or minor consequences of the lack of communication between the PROVIDER and the CONTRACTING PARTY when it is attributable to the non-functioning of the e-mail address provided or the falsity of the data provided by the CONTRACTING PARTY upon its registration as a user of WWW.KINCOSMETICS.COM.
5.3.- Responsibility: The PROVIDER assumes the responsibilities which may derive from the provision of the services which it offers within the limits and as specified in the different General Conditions of Procurement of the services at the disposal of the USER.
6.- RESPONSIBILITY OF THE USER:
6.1.- Proper use of the service: The USER is compelled to realize a proper use of the service and therefore not use it in bad faith for any practice prohibited by law or rejected by commercial uses. The PROVIDER remains empowered, by means of the present General Conditions of Use, from the moment it has irrefutable knowledge of the realization by the USER of any illegal action or illegal use in general, to notify the competent authorities of these circumstances and cancel the membership of the USER or restrict its access to the website of the PROVIDER. The USER will be the sole responsible party against which any claim or legal, judicial or extrajudicial action initiated by third parties affected directly by the USER before Courts or any other organisms takes place, assuming all the expenses, costs and compensations which may be caused to the PROVIDER were the claim addressed to it. To the same extent, the PROVIDER will collaborate and notify the competent authority of such incidences at the moment it has irrefutable knowledge that the damage caused constitutes any type of illicit activity, especially regarding the contents introduced by the USER which may encroach upon legitimate rights or interests of the PROVIDER or of third parties.
6.2.- Reliable knowledge: The PROVIDER, upon receiving any type of notification from a third party of the supposed illegality of any content or activity realized by the USER on the services of the PROVIDER, and as long as such notification is received with proper identification from the communicator, will proceed to bring it to the attention of the USER and, if the activity is arguably illicit, will proceed to block the service in question. For this activity to be arguably illicit it must be unequivocal for any person who accesses these contents. In those specific cases such as author rights or slander and calumny the PROVIDER cannot resolve whether the USER has or does not have the right to show such contents or whether such contents constitute of slander and calumny, the comepetent authority being exclusively the only party able to indicate irrefutably such illicitness and, therefore, order the cease in the service.
6.3.- Safety and custody of access passwords: The USER will be responsible for the security and confidentiality of all the passwords with which they access to their private area -which are provided upon registration as user- in order to procure the different services, having to keep them in a safe place in order to avoid the access of unauthorized third parties.
6.4.- Due dilligence: The USER is responsible for realizing all the updates required with due diligence. With specific character, the USER must be dilligent regarding the update and veracity of their personal information, fundamentally the e-mail address provided in the registration form of the USER as the principal way of contact with the PROVIDER - see clause 8 of the present Conditions.
The PROVIDER and the USER agree to communicate and notify all the incidents produced within the validity of the different services they may procure, which should be preferably and prior to any other method communication, via electronic mail. The e-mail address of the PROVIDER for such communications will be INFO@KINCOSMETICS.COM and the e-mail address of the CONTRACTING PARTY will be provided in the user registration form of the PROVIDER in WWW.KINCOSMETICS.COM. The USER commits to keep this electronic mail operative and modify it in his or her private area if necessary in order to continue receiving the communications. In any case, if an urgent problem or failure in the previous communication were to occur, communication would be taken up via phone, fax, postal mail, delivery or any other system adequate for the purpose. Nevertheless, the preferable method of communication is to be electronic mail, the PROVIDER being exempt of all responsibility which may derive from the lack of consultation or error in the electronic mail provided by the USER. Each of the parts will be responsible of the safety and custody of the copies of the communication carried out.
8.- AUTHOR RIGHTS AND BRANDING:
The PROVIDER is a registered trademark. The external use by any means of the trademark of the PROVIDER, which includes both the name and the logo, except upon explicit consent by the PROVIDER, is prohibited. All rights reserved. Furthermore, the website of the PROVIDER -the contents, the programming and the design of the website- is fully protected by author rights, being hereby strictly forbidden all reproduction, communication, distribution and transformation of the referred protected elements except upon explicit content by the PROVIDER.
9.- JURISDICTION AND APPLICABLE LAW
The present General Conditions are regulated by Spanish legislation. Specifically they are subject to the provision Law 7/1998 from April 13, regarding General Conditions of Procurement, for the defense of Costumers and Users; Royal Decree 1906/1999, by which Telephonic or Electronic Procurement with general conditions is regulated; Organic Law 15/1999 of December 13, regarding the Protection of Personal Data; Law 7/1996, from January 15 regarding the Ordination of Retail Trade, and Law 34/2002 of July 11, regarding Services of Society of Information and Electronic Trade. For the resolution of any controversy or conflict derived from the present general conditions will be competent the Courts and Tribunals of GIRONA, the PROVIDER specifically refusing to any other jurisdiction which may correspond.
In the case of any clause of the present document being declared void, the other clauses will remain valid and will be interpreted taking into account the volition of the parts and the finality of the present conditions. The present contract is realized exclusively in Spanish (INSERT OTHER LANGUAGE IF ANY), Galician, Catalan, Portuguese and English. The PROVIDER will be able to not execute some of the rights and faculties conferred in this document, which will not imply in any case the renouncement of them, except upon explicit acknowledgement by the PROVIDER. The present General Conditions are registered in the General Registry of Conditions of Procurement to vest transparence and security to the process.
IF YOU HAVE A REGULATED PROFESSION (PHYSICIAN, LAWYER) OR NEED A SPECIFIC AUTHORIZATION TO DEVELOP YOUR ACTIVITY IT MUST BE INDICATED.