GENERAL INFORMATION
We inform all users that the website https://www.cosmo-fragrances.com/ (hereinafter, the “Website”) is managed by:
TERMS AND CONDITIONS OF USE OF THE WEBSITE
Access, navigation and use of the Website implies the express and unreserved acceptance of these Terms and Conditions, which have the same validity and effectiveness as any written and signed contract (“Terms and Conditions“).
Their observance and compliance shall be enforceable with respect to any person accessing, browsing or using the Website. If you do not agree with the above terms, do not access, browse or use the Website.
1 OBJECT
The present Terms and Conditions regulate the access, navigation and use of the Website, without prejudice that access and use of certain contents may be subject to certain particular conditions, which will be clearly shown and must be expressly accepted by the users. These particular conditions may replace, complete or, as the case may be, modify these Terms and Conditions.
Provider reserves the right to modify the Terms and Conditions in whole or in part, by posting any changes in the same form in which these Terms and Conditions appear or through any type of communication addressed to users. Access to and use of the contents of the Website after the entry into force of such modifications or changes implies acceptance thereof.
Likewise, we inform users about their rights and obligations in relation to the contents exposed through the Web Site, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.
For the purpose of interpretation of these Terms and Conditions, a person becomes a user at the moment he/she accepts the Terms and Conditions and the Privacy Policy set forth in the Website, for which mere access shall be considered sufficient.
2 ACCESS
Access to and navigation through the Web Site do not require registration, notwithstanding that there may be sections that require it for its use and enjoyment.
3 PRODUCT INFORMATION DELIVERY SERVICE
Provider makes available to users a service for sending information about Cosmos Fragrances, for the use of which it is necessary to provide an e-mail address. Therefore, before requesting your subscription to this service, please read the Provider’s privacy policy.
Under no circumstances shall the Provider be responsible for the veracity of the data provided by the users, and each user shall be solely responsible for the possible consequences, errors and failures that may arise from the lack of quality and/or accuracy of the data.
The user may, at any time, request to unsubscribe from the sending of information, by means of a written communication to contact.eu@cosmo-fragrances.com, indicating his/her e-mail address or through the links included in the communications.
In any case, once the cancellation has been made, the user may subscribe again to this service, except for the Provider’s right not to accept such request in the specific cases specified in the clause called “Rules of Use of the Website” or in case of conflict or dispute between the parties, whether it has not yet been resolved or has ended with acknowledgement of fault or negligence of the user and/or damage to Provider, its collaborators and associates or to its users, customers or potential customers.
4 INTELLECTUAL PROPERTY RIGHTS
Provider is the owner or, as the case may be, has the corresponding licenses on the intellectual property exploitation rights of the Website, as well as of all the contents offered therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available therein.
In no case shall it be understood that access, browsing and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through the Website implies a waiver, transmission, license or total or partial transfer of such rights by Provider. The user has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the services provided in accordance with these Terms and Conditions.
References to registered trademarks or trade names, or other distinctive signs, whether owned by the Provider or by third parties, imply a prohibition on their use without the consent of the Provider or their legitimate owners. At no time, unless expressly stated to the contrary, does access, browsing or use of the Website and/or its contents grant the user any right whatsoever over any distinctive signs included therein.
All intellectual 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 under any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express and written authorization of Provider or, if applicable, of the holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the copyright indications or other credits that identify the holders of the rights of the contents that the user finds in the Website, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated to the contents offered in the Website.
In the event that the user sends information of any kind to Provider through any of the channels provided for this purpose, the user represents, warrants and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual property rights, trade secrets or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The user acknowledges that he/she assumes responsibility and will hold Provider harmless from any communication he/she provides personally or on its behalf, such responsibility extending without restriction to the accuracy, legality, originality and ownership of thereof.
If the user becomes aware of the existence of any content that is or may be illicit, illegal or contrary to the law or that could involve an infringement of intellectual property rights, he/she must immediately notify Provider through the e-mail address contact.eu@cosmo-fragrances.com so that the latter can proceed to the adoption of the appropriate measures.
Likewise, in the event that any user or third party considers that any of the contents of the Website owned by Provider violates its intellectual property rights, as well as any other rights, it must send a communication to contact.eu@cosmo-fragrances.com with the following information:
5 LINKS
In the event that the Website displays links to other website through different buttons, links, banners or embedded contents, Provider informs that these are directly managed by third parties, and the Provider has neither the human or technical resources to know in advance and/or control and/or approve all the information, contents, products or services provided by other platforms to which links may be established from the Website.
Consequently, the Provider may not assume any type of liability for any aspect related to the platform or website to which a link may be established from the Website, specifically, 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 have effective knowledge that the activities developed through these third-party websites are illegal or contravene morality and/or public order, they must immediately inform the Provider in order to proceed to disable the relevant links as soon as possible.
In any case, the establishment of any type of link from the Website to any other website does not imply that there is any type of relationship, collaboration or dependence between Provider and the responsible of such other website.
5.2 LINKS TO THE PROVIDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL MEDIA
Provider makes available to users, through different tools and applications, linking means that allow users to access the channels and pages that Provider maintains on different platforms and social media belonging to and/or managed by third parties (e. g. Instagram, Facebook or LinkedIn). The inclusion of these links on the Website is solely for the purpose of providing users with access to such channels to the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between Provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by Provider of its contents and/or services, being the owner, manufacturer or distributor solely responsible for them.
In no case will Provider share with Instagram, Facebook, LinkedIn or any other social media any private information about its users. In this sense, all the information that the user himself wishes to provide to these platforms will be under his/her own responsibility, and Provider will not intervene in this process.
The activation and use of these applications may entail the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and outside the control of Provider. By accessing such external networks, the user enters an environment not controlled by Provider and Provider assumes no responsibility for the security settings of such environments.
Given Provider has no control over the content hosted in such channels, the user acknowledges and accepts Provider assumes no responsibility for the content or services that the user may access in such pages, nor for any content, products, services, advertising, or any other material available therein. For this reason, the user must be extremely prudent in the evaluation and use of the information, content and services existing in the linked channels, and regarding the own or third parties’ information that he/she wants to share in such channels.
5.3 LINKS ON OTHER WEB PAGES TO THE WEBSITE
The Provider does not authorize the establishment of a link to the Website from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the laws, morality or public order, or generally accepted social norms.
In any case, users may establish links on their respective websites directing to the Website, provided that they comply with the following conditions: (a) the link may not reproduce the content of the Website or parts thereof in any form; (b) it is not permitted to create a browser or border environment over the sections of the Website, nor may the Website be modified in any other way; (c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Website and/or, in particular, to state or imply that the Provider has authorized the link or has supervised or assumed in any way the content or services offered or made available on the website on which such link is established; d) the website in which the link to the Website is established shall not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain contents contrary to any third-party rights, including intellectual property rights and/or the right to honor, to personal or family privacy or to one’s own image or any other right, or contents contrary to the rules regulating the protection of personal data.
Provider has neither the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other websites that have established links to the Website. Provider does not assume any kind of liability for any aspect related to the website that establishes such link to the Website, specifically, 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.
6 RULES OF USE OF THE WEBSITE
Access to or use of the Website for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, its consequences shall be the sole responsibility of the user. In particular, and without the following list being absolute, it is prohibited to:
Breach of any of the above obligations by the user may lead to the adoption by Provider of the appropriate measures protected by law and in the exercise of its rights or obligations.
Likewise, the Website has links to platforms and social media through which users may interact with Provider or with other users of the Website by publishing their own content and/or sharing content, whether of their own or published by Provider. These are independent social networks outside Provider’s organization, so Provider cannot be held liable for the proper functioning or the conditions and policies set forth by those responsible for them, being the user himself the one who must consent and assume at all times the processing of the information published on such platforms.
In any case, please note that when the user participates in any of our profiles and pages in social media, all other users of the Website will be able to access and use all content posted by the user. Provider cannot control what use other people will make of such content and therefore Provider is not responsible for it. Provider recommends that you do not post personal data or materials protected by intellectual property rights or any other rights.
In order to make from our profiles and pages a safe environment, and to protect our users, it is strictly prohibited to post content that:
The user who breaches these prohibitions shall be liable for any claim arising therefrom. Even if no third-party claim arises, Provider reserves the right to deny access to the Website or the ability to participate in the spaces provided on the Website to users who violate these Terms and Conditions.
Provider does not control the content posted by users on the Website and assumes no responsibility for such content. However, Provider reserves the right to monitor and/or moderate any content posted by users and, in the event that such content violates these Terms and Conditions or the Privacy Policy, to edit or remove such content. Likewise, if you find any information or content on the Website that may be unsuitable, contrary to the regulations in force, or contrary to the conditions set forth on the Website, please inform the Provider immediately through the different means provided for such purpose.
7 RESPONSIBILITIES AND WARRANTIES
Provider cannot guarantee the reliability, usefulness or accuracy of absolutely all the information on the Website, nor the usefulness or accuracy of the documentation made available through the Website.
Accordingly, Provider does not warrant and shall not be liable for: (i) the continuity of the contents of the Website; (ii) the absence of errors in such contents; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; and (vi) any damage or harm caused, to himself/herself or to a third party, by any person who infringes the conditions, rules and instructions that Provider establishes on the Website or through the violation of the security systems of the Website.
However, Provider declares that it has taken all necessary measures, within its possibilities and the state of the art, to ensure the functioning of the Website and to minimize system errors, both from a technical point of view and in terms of the contents published on the Website.
Provider does not guarantee the legality, reliability and usefulness of the contents provided by third parties through the Website. If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could imply an infringement of third-party rights, the User must immediately notify Provider so that the latter may proceed to the adoption of the appropriate measures.
Provider shall not be liable for the accuracy, completeness or updating of the information published on the Website from external sources, nor for the information contained in other platforms linked to from the Website. Provider shall not be liable for hypothetical damages that may arise from the use of such information.
8 WEBSITE SUSPENSION
Provider reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Terms and Conditions, without the possibility for the user to claim any compensation for this cause.
9 CONFIDENTIALITY AND DATA PROTECTION
All personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy that all users must accept.
10 GENERAL
The headings of the clauses are for information purposes only, and shall not affect, qualify or expand the interpretation of these Terms and Conditions.
The temporary validity of these Terms and Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Terms and Conditions will become effective.
Notwithstanding the provisions of the particular conditions that may be established, Provider may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, without the possibility for the user to claim any compensation. After such termination, the prohibitions of use of the contents set forth above in these Terms and Conditions shall remain in force.
Likewise, if the user breaches these Terms and Conditions, the Provider informs that it may inform and cooperate in a timely manner with the competent police and judicial authorities if it detects any infringement of the legislation in force or if it suspects the commission of any crime.
In case of conflict between these Terms and Conditions and the particular conditions of each specific service of the Web Site, the provisions of the latter shall prevail.
In the event that any provision of these Terms and Conditions is declared invalid or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or unenforceability shall not affect the remaining provisions of these Terms and Conditions.
Failure of Provider to exercise or enforce any right or provision contained in these Terms and Conditions shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by Provider.
11 APPLICABLE LAW AND COMPETENT JURISDICTION
Whenever the regulations in force provide for the possibility for the parties to submit to a specific jurisdiction, for any litigious matter arising from or related to this Website, the Spanish legislation in force at the time of the dispute shall apply, and we shall submit to the Courts and Tribunals of Barcelona (Spain), as well as, if applicable, to the Consumer Arbitration Courts or similar to which we are adhered at the time the dispute arises.
To file complaints regarding the use of the Website, you can contact us by mail at the electronic or physical address indicated in the “General Information” section, committing ourselves to seek at all times an amicable solution to the conflict.