General Conditions of Access and Use
These General Conditions of Access and Use (hereinafter “General Conditions”) govern the nature of access and usage that the user (hereinafter “the User”) makes of the website www.louveme.com (hereinafter, “the Website”), as well as its products and services. By agreeing to the terms in these General Conditions, the User expresses he or she:
1. Has read and understood its contents;
2. Has the power and capacity to enter into agreements;
3. Assumes all obligations set forward.
The usage of the Website constitutes the condition of the Website User and implies the acceptance of all stipulations included in these General Conditions. The User should read and review these General Conditions carefully each time he or she accesses the Website, as they are subject to further and continual modification without notice.
The owner of the Website reserves the right to modify or update, at any time and without prior notice, the Website’s content and services; the present General Conditions; and any and all of the components comprising the Website’s design and configuration.
1. General Website Information
In compliance with the stipulations of Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following general information pertaining to the Website is provided:
Owner: LOUVÈME JEWELRY.
Registered office: C/ Matagalls, 16 (08840) Cardedeu, Barcelona
2. Access to the Web Site
Simple access to the Web Site is free of charge, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
3. Need to Register
In general, for simple access to the contents of the Web Site it will not be necessary for the User to register, although the use of certain services may be conditional upon prior registration.
The data entered by the User must be accurate, current and truthful at all times. In the event that the registered User is assigned a password, he/she shall be responsible at all times for its custody, assuming any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. To these effects, the access to restricted areas and/or the use of the services and contents realized under the password of a registered User will be considered realized by the above mentioned registered User, who will answer in any case of the above mentioned access and use.
4. Website Usage Regulations
The User is obligated to use the Website and all of its content and services in accordance with the terms established by the law, morality and public order, as well as with those expressed in the present General Conditions. Similarly, the User is obligated to make appropriate use of the Website’s content and services and to refrain from engaging in any behaviors that infringe upon the rights of third parties, violate current legislation governing intellectual or industrial property, or contravene other legal regulations as they may apply.
By way of example, and in no way limiting or excluding, the User undertakes to:
I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or terrorist nature or that violate human rights.
II.- Not to introduce or disseminate malware, viruses, or malicious programs designed to render damages upon the data network or information systems maintained by the service provider, the access provider, or third party Internet users.
III.- Not to disseminate, transmit, or make available to third parties any kind of information, element, or content that infringes upon third parties’ fundamental human rights and public liberties as they are recognized constitutionally and by international agreements.
IV.- Not to disseminate, transmit, or make available to third parties any kind of information, element, or content that constitutes illegal or false advertising.
V.- Not to transmit unsolicited or unauthorized advertising, publicity material, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in areas (such as commercial spaces) that have been exclusively authorized for said activity.
VI.- Not to introduce or disseminate any kind of information or content that is fraudulent, deliberately misleading, or rendered incorrectly so as to cause an error to the data receiver.
VII.- Not to impersonate other Users by entering their registration credentials in order to engage services or content available on the Website.
VIII.- Not to disseminate, transmit, or make available to third parties any kind of information, element, or content that represents a violation of intellectual and industrial property rights, patents, trademarks, or copyrights as they may correspond to the owners of the Website or to third parties.
IX.- Not to disseminate, transmit, or make available to third parties any kind of information, element, or content that represents a violation of the confidentiality of communications or the current legislation governing the protection of personal data.
The User is obligated to hold harmless and indemnify Louvème against any possible complaint, fine, penalty, or sanction that it may be forced to withstand as a result of the User’s failure to adhere to the usage regulations as indicated above, and Louvème reserves the right to seek appropriate compensation for any claims or damages that said infraction may incur.
Louvème reserves the right to forbid the usage of services offered through the Website to any User who fails to adhere to the regulations and obligations established in these General Conditions.
5. Exclusion of Liability
Louvème assumes no responsibility for updating this Website in order to maintain the validity of the information presented thereon, nor does it guarantee all published information to be precise nor complete. Therefore, the User should endeavor to verify that the published information is precise and complete before taking any action related to the content or service described on the Website.
The User’s access to the Website does not imply an obligation on the part of Louvème to control for the absence of viruses, malware, or any other malicious software. The application of tools or software designed to detect and protect against such harmful elements remains at all times the sole responsibility of the User.
Louvème shall not be responsible for damages caused to the software or hardware of the User or third parties during the use of the services offered on the Website, nor for any damage of any kind caused to the User as a result of technical failure or disconnection in telecommunication networks that may produce the suspension, cancellation, or interruption of Website service experienced during or prior to its provision.
6. Contents and Services Linked to the Website
The Website may contain technical link devices, directories and even search tools that allow the User to access other websites and Internet portals (hereinafter, “Linked sites”). In these cases, Louvème shall be responsible for the contents and services supplied on the Linked Sites only in cases in which it has full and conclusive knowledge of their potential unlawfulness and has failed to deactivate the link with due diligence. In cases in which the User considers a Linked Site to contain unlawful or inappropriate content, he or she may communicate same to Louvème, although said communication implies no obligation to remove the corresponding link.
Under no circumstances does the presence of Linked Sites presuppose the establishment of formal agreements with the owners or managers thereof, nor of Louvème’s express recommendation, promotion, or identification of the contents or services therein provided. Louvème is not familiar with the contents and services of the Linked Sites and therefore is not responsible for damages caused by the unlawfulness, quality, unavailability, invalidity, error, or dysfunction of the contents and/or services of the Linked Sites, nor for any other damage incurred that is not directly attributable to Louvème..
In the event that the User accesses or is redirected to Linked Sites that provide the sale of services and/or products, the User understands and accepts that Louvème acts merely as an intermediary in facilitating said access, and thus shall not be responsible, even indirectly or collaterally, for damages of any kind incurred from the free usage and/or contracting of said third-party services and products, nor from their potential lack of legality, credibility, usefulness, truthfulness, accuracy, exhaustiveness, or validity. Louvème shall not be responsible for damages of any kind caused by the non-fulfillment or breach of contractual agreements entered into by third parties; the realization of acts of unfair competition or false advertising; the inaptness or non-fulfillment of expectations from third party products and services; nor defects or errors of any kind that said products or services may contain.
7. Industrial and Intellectual Property
All of the Website content, including but not limited to texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source code, are the intellectual property of Louvème or of third parties, and no rights to their exploitation as recognized under current intellectual property regulations may be understood to be transferred to the User. Therefore, Louvème retains all rights to the exploitation of said content.
Brand names, trade names, and logos are the property of Louvème or third parties, and access to the Website confers no rights to their use.
8. Contracting Services through the Website
The process that the User must engage in order to contract services through the Website is as follows:
1º- Select the article(s) and continue with the purchase.
2º- The page can display different offers at the User's choice. The page shows prices expressed in Euro currency. Select the service according to the availability offered.
3º- Display of all the order data indicating the price with VAT. The User must fill in his personal data and indicate his payment details by credit card. Then, the User must accept the General Conditions of Use and of the Contract and click on the "Confirm" button.
4º- The User will receive confirmation of his order by displaying a message on the screen and receiving an e-mail to the account provided during the purchase process.
8.2. Price and payment
Unless expressly stated otherwise, the prices presented on the Website include the corresponding VAT. Payment shall be made by credit card or PayPal.
8.3. Exclusion of the right of withdrawal
You have the right to withdraw from this contract within 7 calendar days without giving any reason.
In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract by sending an unequivocal statement by email to the following address:
8.4. Other Considerations
These General Terms and Conditions are only available to the User in English and Spanish.
Louvème will keep electronic proof of the User's acceptance of these General Terms and Conditions, which will not be made available to the User.
9. Nullity and Invalidity of the Clauses
If any clause included in these General Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and these General Conditions shall remain in force in all other respects and such provision or part thereof shall be deemed not to be included.
10. Applicable Law and Jurisdiction
These General Terms and Conditions shall be governed by and construed in accordance with the laws of Spain. Louvème and the User agree to submit any dispute that may arise from accessing, using and/or contracting services through the Website to the courts and tribunals of Barcelona, Spain, unless otherwise provided by law.
Information related to online dispute resolution from Art. 14, para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission offers consumers the opportunity to resolve disputes online under Art. 14 para. 1 of the ODR on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a website where consumers can try to reach settlements without going to court in connection with disputes arising from online purchases and service contracts.