Legal Notice
The Internet website accessible through the URL https://www.tiendadoncolchon.com (hereinafter, the Website) is owned by Planeta sueño SL (hereinafter, Don Colchon), with NIF B53334850 and address at Camino de la Bota – Partida Negrals nº1 03700 Denia Alicante.
This text contains the conditions that regulate the access to the Web Site and the use of its services and functionalities, as well as the registration in it. We recommend its careful reading and periodic review.
If you have any questions, queries, complaints or suggestions, please do not hesitate to write to us at info@tiendadoncolchon.com so that we can assist you.
GENERAL CONDITIONS OF USE
Parts
These General Conditions of Use are subscribed, on the one hand, by Don Colchon, responsible for the Website and, on the other hand, by the User, understood as any natural or legal person who, freely and voluntarily, accesses the Website, regardless of whether or not he/she makes use of the services and functionalities offered therein.
The mere access to the Web Site implies full submission without reservation to the provisions of these General Conditions of Use, without prejudice to other conditions that may be applicable, such as the Particular Conditions of Registration or the General Conditions of Purchase.
Gratuity
Both access to and browsing of the Web Site, as well as registration on the same, are free of charge, although the latter requires the acceptance of Special Conditions of Registration.
Notwithstanding the foregoing, the purchase of any of the products offered on the Website entails the obligation to pay the price indicated.
User Obligations
The User, by the simple fact of accessing the Website, agrees to:
- Make a diligent, correct and lawful use of the Website, respecting the current legislation (especially in relation to data protection, and intellectual and industrial property), morality, good customs and public order.
- Periodically review these General Conditions of Use or any other applicable conditions, checking the changes that, if any, any of them may have undergone.
- Control the notifications that, if applicable, are sent to you by Don Colchon, since they may include important information.
- Not to use the Web Site for commercial purposes; for example, collecting information or content to provide other services that may be in clear competition with Don Colchon.
- Do not modify or attempt to modify the Web Site in any way or take any action or use any means intended to simulate its appearance or functions.
- Refrain from taking any action that would result in the introduction of computer viruses, worms, Trojan horses or any other malicious code designed to interrupt, destroy or limit the functionality of the Website.
- Not to employ reverse engineering techniques and/or to decrypt, decompile or use any other system intended to discover the source code of the Website or any element subject to copyright or underlying intellectual property.
- Not to damage, disable, overburden, or impair the service (or the network or networks connected to the service), or interfere with your use and enjoyment of the Web Site.
- In any case, do not perform any acts that may infringe rights or interests of Don Colchon or third parties such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets, etc.).
- Special Conditions of Registration – Legal Notice
3.1. Identificación de las partes
The Particular Conditions of Registration herein are subscribed, on the one hand, by Don Colchon, as owner and responsible for the Web Site, and, on the other hand, by the Registered User, understood as any natural person over fourteen years of age or legal entity that has accessed the Web Site and has completed all the steps therein required to proceed with its registration, including the acceptance of these Particular Conditions of Registration.
3.2. Aceptación
The present Special Conditions of Registration shall be understood as accepted by the Registered User when he/she clicks on the corresponding check box during the registration process on the Website.
3.3. Proceso de registro
In order to complete the registration, the user will have to provide certain information about himself/herself, together with a password, which must be duly stored by the Registered User, by means of a form to be filled in and sent, after accepting these Particular Conditions of Registration and the Privacy Policy.
3.4. Obligaciones del Usuario Registrado
The user, by completing the registration form and becoming a Registered User, agrees to comply with the following obligations:
- a. Do not register by deliberately providing false or inaccurate information or by impersonating a third party.
- b. Use only the account registered in your name, not using third party accounts without your prior and express consent.
- c. Not to sell, trade or transfer the account to third parties.
- d. To be solely responsible for any activities that are carried out from your account, and to keep it updated at all times.
- e. To ensure the strict confidentiality of your data and passwords, since it assumes the damages that may arise from the violation of such confidentiality.
- f. To be liable for damages suffered or suffered by third parties as a result of the breach of these Special Conditions of Registration or any other that may be applicable, such as the General Conditions of Use or the General Conditions of Purchase.
Don Colchon disclaims all liability for improper access to content as a result of registration by the Registered User deliberately providing false or inaccurate information about his or her age.
3.5. Derecho de exclusión
Don Colchon reserves the right to block or delete the user’s account when the breach of the conditions set forth herein or any other general conditions that apply to it is particularly serious or repeated.
3.6. Modificación y cancelación de la cuenta
At any time the user may modify his account information or cancel his account through the account configuration options on the Web Site.
4. Particular Conditions for Reservation of places in courses (Legal Notice)
The request to reserve a place in a course for which information has been published on the Web Site implies acceptance and submission to the provisions of this Stipulation.
Such reservation does not imply the formalization of any contract nor does it imply any obligation on the part of either party to attend or conduct the course.
The information published on the Web Site about the courses does not constitute a commercial offer, but is indicative in nature and may be modified prior to the actual contracting of a course by the User.
The reservation of a place in a course simply means that Don Colchon will reserve a place in the course indicated by the User during [DEFINIR]. During this period of time, both parties must, by any appropriate means, formalize the contracting, at the initiative of the User. Otherwise, if this period has elapsed without the User having expressed their willingness to contract, it will be understood that the User desists from the reserved place, leaving it available for reservation or contracting by any third party.
The User who has reserved a place and has let the reservation time elapse without saying anything about it will not be able to reserve a place again, unless Don Colchon consents to it.
5. Intellectual and industrial property
All intellectual and industrial property rights on the Web Site and all its contents, including programming, design, applications, graphics, codes, text or images therein belong exclusively to Don Colchon, or it has sufficient rights and/or authorizations for its exploitation.
Likewise, the domain name, trademarks, trade names, and in general, any distinctive sign found on the Web Site is also owned by Don Colchon or Don Colchon has the necessary licenses to use them.
As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express and written consent of Don Colchon or the exclusive owner of the affected rights.
If you detect any infringement of intellectual and/or industrial property rights on the Website, please send us an e-mail to info@tiendadoncolchon.com as soon as possible.
6. Third party links
It is likely that the Web Site contains links to pages or web sites owned by third parties outside Don Colchon. Don Colchon does not assume any responsibility for such links or for the contents that may be accessed by clicking on them, as it does not approve or review their functions, advertising or, in general, the information included in such pages, exempting itself from any responsibility for their content or for their correct operation or for the consequences or damages that may occur as a consequence of accessing them.
Users who access any of these links do so at their own risk, assuming the externality of such content and the impossibility of Don Colchon to guarantee that there are no threats, malware or viruses, or that they harbor illicit content or other links that, in turn, lead to sites with one or more of the aforementioned characteristics.
7. Exclusion of Liability (Legal Notice)
Don Colchon makes every effort to ensure that the services and functionalities of the Web Site are permanently available. However, when you access it, it will be shown “as is”, according to the availability and limitations that apply at any given time.
Despite Don Colchon’s continuous effort to protect the systems and contents included in the Web Site, to which effect it uses the usual Internet security standards, it is not possible to offer full guarantees in relation to the intrusions or loss of information that may occur. Likewise, the absence of viruses or other harmful elements on the Website or on third party pages that may cause alterations in the user’s computer system, both software and hardware, cannot be guaranteed. For this reason, the user assumes and understands that there are situations that may be beyond the control of Don Colchon.
Don Colchon disclaims all liability arising from misuse by the user of the Web Site, as well as for the breach of the obligations or commitments assumed under these General Conditions of Use or any other that may be applicable.
In general, neither Don Colchon nor its collaborators will be liable in case of loss of profit or consequential damage for any reason.
8. Indemnification
If Don Colchon suffers any damages, losses or costs (including attorneys’ and lawyers’ fees) as a result of a breach by the user of these General Conditions of Use or any other applicable conditions, the user will be obliged to compensate Don Colchon.
The same will occur in the event that, as a consequence of the user’s non-compliance, third party claims are made against Don Colchon, in which case the user will indemnify Don Colchon, from whom Don Colchon may claim any expense, cost, damage or harm derived from its actions.
9. Data protection and privacy
The collection of personal data through the Website and its processing by Don Colchon is regulated by a specific Privacy Policy which the user can access by clicking here.
10. General Questions (Legal Notice)
10.1. Salvaguarda e interpretación
These General Conditions of Use constitute an agreement between the user and Don Colchon.
If the Competent Authority declares any provision to be illegal, invalid or unenforceable, it shall mean that the same shall be interpreted in the manner closest to the original intention of such provision. However, such a declaration in respect of any provision or provisions shall not prejudice the validity of the remaining provisions.
Don Colchon’s failure to require strict compliance with any of the terms of these Conditions does not constitute and shall not be construed as a waiver by Don Colchon to require such compliance in the future.
10.2. Idioma
The language applicable to these General Conditions of Use is Spanish. If an English version is offered, it is merely as a courtesy, for the convenience of the user. Therefore, the user expressly accepts that they are governed by the Spanish version.
If there is any contradiction between what is indicated in the Spanish version of such Conditions and what is indicated in the translation, in any case the Spanish version shall prevail.
10.3. Legislación y fuero
The relationship between Don Colchon and the user shall be governed by Spanish law and, in case of conflict in the interpretation or fulfillment of these General Conditions of Use, they shall submit to the Courts and Tribunals of Denia, expressly waiving any other jurisdiction that may correspond to them, unless another jurisdiction is imperatively determined by law.
Information related to the online dispute resolution of Art. 14, para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission offers consumers the opportunity to resolve disputes online in accordance with Art. 14 para. 1 of the ODR on one of its platforms. The platform(https://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.