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Conditions of Use


1. Introduction

The present general conditions of use of the online store, regulate the terms and conditions of access and use of www.bottegadellamiseria.com, property of LIVELY LEISURE ALLIANCE, SL, with address at Emprius 23 (08230 Matadepera) And Tax Identification Code number ES-B-66991399
From now on, the user of the Portal must read and accept to use all the services and information that are provided from the portal. In any case, the use of this website is for people over 18 years or 21 years old in countries where required and the user declares that he is of legal age, has full capacity to act, knows how to read and understands perfectly all the clauses that are included in these general conditions of use. In the event of being a minor, you can not use the Portal without the prior consent of your parents or guardians.
The user and the Company, owner of the Portal, may be jointly named as the Parties or each separately as the Party. The mere access and / or use of the Portal, of all or part of its contents and / or services means the full acceptance of these General Conditions of use. The provision and / or use of the Portal is understood, subject to strict compliance with the terms set forth in these General Terms and Conditions of Use of the Portal.

2. Definitions

The Parties agree that the following terms have the meaning indicated below:

  • The Portal: The website located at the following Internet address: www.bottegadellamiseria.com, as well as in any subdomain or extension thereof.

  • User: Person who accesses the Portal, buys and / or uses services or accessible information.

3. Terms of use

These General Conditions of Use of the Portal regulate the access and use of the Portal, including the contents and services made available to Users in and / or through the Portal, either by the Portal, by its Users, or by any third parties. However, access to and use of certain content and / or services may be subject to certain Specific Conditions for certain content or services.

4. Modifications

The Portal reserves the right to modify the General Conditions of Use of the Portal at any time. In any case, it is recommended that you periodically consult these General Conditions of Use of the Portal, since they can be modified.

5. Information and services

Users can access through the Portal different types of information and services. The Portal reserves the right to modify, at any time, and without prior notice, the presentation and configuration, information and services offered from the Portal. The User expressly acknowledges and accepts that at any time the Portal may interrupt, disable and / or cancel any of the information or services. The Portal will make its best efforts to try to guarantee the availability and accessibility in the Portal. However, sometimes, for reasons of maintenance, updating, change of location, etc., may lead to interruption of access to the Portal. 
The Portal offers access to information and services as such, and does not provide any equipment, material or service to access them. 
The Portal does not intervene in the creation of content and / or services provided or supplied by third parties in and / or through the Portal, just as it does not control its legality. In any case does not offer any kind of guarantee on them. The User recognizes that the Portal is not and will not be responsible for the contents and / or services provided or supplied by third parties in and / or through the Portal. The User accepts that the Portal will not assume any responsibility for any damages or damages caused as a result of the use of this information or services of third parties.

6. Cost

There are certain contents, data, information and services that to access them, the User will have to pay a consideration. In these cases, the Portal will inform the User in advance.

7. User Obligations

The User will have to respect at all times the terms and conditions established in the present General Conditions of use of the Portal. The User expressly states that he will use the Portal diligently and assuming any responsibility that may arise from breach of the rules. 
The User undertakes not to use the information and services offered from the Portal for the decision making with economic implications since he / she knows that this information and services are not updated and may contain incorrect or errata. Likewise, in those cases that are requested data or information is obliged not to falsify its identity by posing as any other person. The User accepts that the use of the Portal will be carried out with strictly personal, private and private purposes. The User may not use the Portal for activities contrary to Law, morality and public order as well as for purposes prohibited or that violate or damage third party rights. Likewise, the dissemination, storage and / or management of data or content that infringes the rights of third parties or any regulation regulating intellectual or industrial property rights is prohibited. The User will not use the Portal to perform acts that support, incite or promote; 1. Illegal or criminal, denigratory, defamatory, discriminatory acts on the basis of sex, race, religion, beliefs; 2. Acts violent, pornographic, degrading, and / or in any way, are contrary to morals, good customs. Likewise, the User may not use the Portal to transmit, store, disseminate, promote or distribute data or contents that are carriers of viruses or any other computer code, files or programs designed to interrupt, destroy or impair the operation of any program or Computer or telecommunications equipment. 
The User will not use the Portal to send advertising that is not authorized by the recipient. 
The User agrees to indemnify and hold harmless the Portal for any damages, damages, penalties, fines, penalties or damages that the Portal has to face, as well as, including attorneys' fees and / or solicitors, or any third parties, Arising from the breach of these General Conditions by the User.

8. Availability of Portal information and services

The Portal does not guarantee the continuous and permanent availability of the services, thus being exempt from any responsibility for possible damages and losses caused as a result of the lack of availability of the service due to force majeure or errors in the telematic transfer networks of Data, unrelated to their will, or by disconnections made by works of improvement or maintenance of computer equipment and systems. In these cases, the Portal will make its best efforts to give 24 hours notice to the interruption. The Portal shall not be liable for the interruption, suspension or termination of the information or services. Likewise, it is not responsible for any 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 the Portal. Neither will it be liable for damages caused by computer attacks or caused by viruses that affect computer programs, communications systems or equipment used by the Portal but manufactured or facilitated by a third party. The Portal may, in its sole discretion, deny, withdraw, suspend and / or block at any time and without prior notice access to information and services to those Users who breach these rules.

9. Responsibility of the Portal

The User acknowledges and accepts that the Portal does not grant any guarantee of any kind, either express or implied, about the data, contents, information and services that are incorporated and offered from the Portal. Except in cases where the Law expressly imposes otherwise, and exclusively with the extent and extent to which it imposes, Portal does not guarantee or assume any responsibility for any damages and losses caused by the use and use of information, data and Services of the Portal. In any case, the Portal excludes any liability for damages that may be due to information and / or services provided or provided by third parties other than the Company. All responsibility will be from the third party, supplier, collaborator or other.

10. Personal data

The personal data received will be processed in accordance with Organic Law 15/1999 of 13 December on the Protection of Personal Data and other related regulations in force in Spain. The personal data obtained by the Portal for the provision of any service or use of the Portal will be integrated into a computerized file, created and maintained under the responsibility of Lively Leisure Alliance, sl administrators responsibility. The data obtained will be used to offer the requested services and will also be used to keep the user informed about the new services and contents of the Portal, taking into account, if applicable, the preferences that the user has indicated. The user agrees to receive these emails, as long as they are related to the indicated preferences or services and information used by the User. The User expressly states that any personal data or a third party that access, introduce, modify or delete is entitled to do so or has the express authorization of this third party. The Portal informs the User that he can exercise the rights of access, rectification, opposition and cancellation of the data that he has provided at any time, by e-mail admin@livelyleisure.com or by going to the following address: Carrer Emprius 23,  (08230, Matadepera - Barcelona). 
The Portal adopts for the treatment of the data all the technical and organizational security measures that are of obligation, in accordance with the established by the current legislation.

11. Intellectual and Industrial Property

All contents, trademarks, logos, drawings, documentation, computer programs or any other element susceptible of protection by the intellectual or industrial property laws, that are accessible to the Portal correspond exclusively to the Company or its legitimate owners and are expressly reserved all Rights over them. It is expressly prohibited to create hypertext links to any element of the Portal's web pages without the authorization of the Company, provided they are not on a web page of the Portal that does not require identification or authentication for access, or It is restricted. In any case, the Portal reserves all the rights over the contents, information, data and services that it has on them. The Portal does not grant any license or authorization of use to the User on its contents, data or services, other than that expressly detailed in the present General Conditions of Use of the Portal.

12. Applicable legislation, jurisdiction and notifications

These Terms are governed and interpreted in accordance with the Laws of Spain. In case of any conflict or discrepancy, the competent jurisdiction will be established by the Spanish legislation in its law on consumers and users. All notifications, requests, requests and other communications that the User wishes to make to the Company that owns the Portal must be made in writing and it will be understood that they have been correctly made when they have been received by admin@livelyleisure.com or at Next address Carrer Emprius, 23 (08230 Matadepera).

13. Nullity and inefficiency of clauses

Should any clause included in these General Conditions be declared totally or partially null or ineffective, such invalidity or ineffectiveness will only affect this provision or the part thereof that is null or ineffective, with the present general conditions remaining in all respects. Other, considering such provision totally or partially not included.

14. Good Faith and Diligence

The Parties undertake to fulfill their obligations and to exercise the rights arising from these conditions in accordance with the strictest requirements of good faith and diligence.