1. IDENTIFICATION DETAILS
These general terms and conditions of use regulate the access and use of the website candino.com, which is owned by FESTINA LOTUS SA (“THE COMPANY”), with Spanish corporate tax id. number CIF A08663684, with Registered office at C/ Velazquez nº 150 3º 1ª 28002, MADRID (MADRID, SPAIN) and registered in the Companies Registry of Madrid, Sheet M-515523, Volume 28627, Sheet 51, with intra-community VAT number ESA08663684, telephone number (34) 915401291, fax number (34) 915598116 and email address info@festina.com.
2. CONTENTS
THE COMPANY provides the “USERS” of the website candino.com (hereinafter the “WEBSITE”), with information regarding THE COMPANY and the product and/or services sold (hereinafter the “CONTENTS”).
THE COMPANY also provides the USERS with an e-commerce space for consumers (B2C) in the form of an online shop.
The contents of the website are intended to inform and publicise the activities, products and services provided by THE COMPANY and are of a general and orientative nature, therefore they are not binding for THE COMPANY.
The language used by THE COMPANY on the website is Spanish, English, French, Italian, Dutch, Portuguese and German, without prejudice to the use of other languages. THE COMPANY accepts no liability for the user's failure to understand the language used on the website, nor for the consequences thereof.
THE COMPANY may modify the contents without prior notice, as well as delete and change these within the website, such as the way in which they are accessed, without any justification and freely, and shall not be held responsible for any consequences that these may cause to users.
3. ACCESS
Access to and use of the website by the USER is free of charge, without prior authorisation, subscription or registration.
Access and use of this website by the USER does not imply any obligation for THE COMPANY regarding the quality and speed of access, and THE COMPANY may modify the conditions of access or suspend access to the website, or part of the website, without prior notice. Furthermore, THE COMPANY shall not be held liable for any consequences or damages caused by the modification of access or suspension of the website.
The hardware and software necessary to access the website shall be the responsibility of the USERS. THE COMPANY shall not be responsible for the operation or consequences of these, nor for the rights of use or licences required for their use.
Likewise, THE COMPANY shall not be held responsible for any anomaly, malfunction, deterioration, deletion of data or software that may occur in the USER’s equipment or systems, as a direct or indirect consequence of accessing or attempting to access the website.
THE COMPANY reserves the right to stop access to the website, as well as the provision of any or all of the Services that may be provided through the same at any time and without prior notice, whether for technical, security, control, maintenance, power failure reasons or any other cause.
4. USERS’ OBLIGATIONS
Users who access the COMPANY's website shall do so in accordance with current legislation and undertake at all times not to do so in a manner contrary to the same and/or for illicit purposes and/or purposes that are harmful to the rights and freedoms of third parties.
In particular, Users are prohibited from:
Using the contents of the website to promote, contract or disseminate advertising or information of their own or of third parties without the COMPANY’s authorisation, or sending advertising or information using the services or information made available to users, regardless of whether the use is free or not.
Publishing through the website any information, content or material that is false, misleading or fraudulent, that may be considered to constitute slander, libel or defamation, that incites hatred (racial, religious, sexual etc), that is otherwise inappropriate and considered obscene, pornographic, or sexually explicit, or that in any other way may compromise THE COMPANY’s reputation.
Using the website in any way that interferes with the use and enjoyment of the website by third parties.
Breaching the security of the website and/or the computer systems or networks to which it is connected, including any server related to it or to the contents thereof.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY.
Any rights over the website or related to the same, including the domain name, its structure, the contents, such as texts, graphics, photographs, logos, icons, images, graphic design, source code, applications, video, audio, databases, etc. (hereinafter, “the Contents”), belong either exclusively to THE COMPANY or to third parties, whose rights are recognised by THE COMPANY, all of which are subject to the legal regulations in force.
It is expressly forbidden to copy, reproduce, distribute, modify, transform and publicly communicate, including making available, all or part of the contents of the Website, for commercial purposes, on any support and by any technical means, without the express authorisation of THE COMPANY.
Likewise, the trademarks, logos and trade names displayed on the website candino.com are registered trademarks and may not be used unless expressly authorised to do so by THE COMPANY.
Under no circumstances shall the use of the website by the USER grant them any rights over the brands, logos, commercial names or contents of the same.
The breach of any of the obligations, prohibitions, exclusions, etc. described herein, in addition to constituting a violation of these provisions, may constitute an offence/s punishable by law.
6. PERSONAL DATA PRIVACY
Personal data provided by users through this website shall be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27th April 2016, on the protection of individuals with regard to personal data processing and the free movement of such data, as well as the provisions of the various rules transposing the Regulation into their respective national legal systems (Example: Spanish Organic Law 3/2018, of 5th December, on Personal Data Protection and the guarantee of digital rights, which adapts the Spanish legal system to Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27th April 2016) and other legislation on information society services and e-commerce.
The USER can access and find out more about the data protection policy that THE COMPANY applies through the link "Privacy Policy" on the Website.
The USER can also consult the different national bodies responsible for protecting personal data in the EU via the following link: https://www.edpb.europa.eu/about-edpb/about-edpb/members_es.
7. EXCLUSION OF WARRANTIES AND LIABILITY
THE COMPANY shall not be liable in the event of service interruptions, delays, errors, malfunctioning of the service and, in general, other inconveniences originating from causes beyond THE COMPANY’s control, and/or due to the wilful or negligent actions of the USER and/or due to Force Majeure. Force Majeure shall be understood to include all those events occurring beyond THE COMPANY’s control, such as: failures by third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions by public authorities, those produced as a consequence of natural phenomena, blackouts, etc. and attacks by hackers or third parties specialised in the security or integrity of the computer system, provided that THE COMPANY has taken all security measures available to it in accordance with the state of the art. In any case, whatever the cause, THE COMPANY shall not assume any liability whatsoever for direct or indirect damages, consequential damages and/or loss of profits.
THE COMPANY excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the data stored, disseminated, received, made available or accessed through the website. THE COMPANY shall try as far as possible to update and rectify any information on its website that does not comply with the minimum guarantees of veracity. However, it shall be exonerated from liability for failure to update or rectify such information and for the content and information contained therein.
THE COMPANY shall not be liable for viruses or other computer programmes that damage or may damage users' computer systems or equipment when accessing its website or other websites accessed via links. THE COMPANY may hold users liable for any misuse of the website that causes damage or harm to third parties, as well as for any possible viruses or computer programmes that may be introduced, generated or hosted on the website, and which deteriorate or may deteriorate both the contents and the proper functioning of the website, as well as the equipment, systems and programmes of the users of the website.
Access to the contents of the website by the USER shall be at their own risk and they shall not be liable to THE COMPANY for any consequence derived directly or indirectly from accessing the website, whether physical, logical, moral or personal.
The USER must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the website.
THE COMPANY reserves the right to modify, at any time, the presentation and configuration of the website, as well as its Legal Notice.
8. LINKS
The Website may contain hypertext links to other websites. These links have only been included by THE COMPANY in order to facilitate online browsing by Users and to connect them to other websites.
The inclusion of a link to another website does not imply any form of suggestion, sponsorship and/or recommendation by THE COMPANY for the use of the linked websites, nor does it constitute any kind of guarantee as to the content, services or goods offered or sold by such websites.
THE COMPANY in no way verifies the websites linked to through these links or the information, materials or products contained therein and, therefore, the USER acknowledges and agrees that THE COMPANY is not responsible for the actions, services, products, content or policies of these websites, including their processing of personal data and their terms or conditions of sale.
THE COMPANY does not guarantee or assume any type of liability for damages suffered as a result of access to third-party services through connections or links to the linked sites. The function of the links that appear on THE COMPANY’s website is exclusively to inform the USER of the existence of other sources of information on the Internet, where they may broaden the Services offered by the website.
The USER should carefully read the terms and conditions of use, terms and conditions of sale, privacy policies and any other legal information of the linked websites.
9. CORPORATE RESPONSIBILITY
THE COMPANY hereby declares the highest commitment to regulatory compliance in the performance of its activities and operations. In this regard, THE COMPANY, as the cornerstone of this ethical and responsible culture and commitment, has implemented an Ethics, Communication and Whistleblowing Channel, through which they can communicate or report indications, suspicions or evidence of possible breaches of regulations, crimes, unethical behaviour and, in general, non-compliance with THE COMPANY’s protocols, rules and codes of conduct.
The Channel has put in place the best mechanisms to guarantee the security, confidentiality and protection of the USER’s personal data, as well as to guarantee independence and avoidance of conflicts of interest.
Access to the Channel is available at the following link: https://festinagroup.integrityline.com/
10. APPLICABLE LAW AND COMPETENT JURISDICTION.
In the event of any discrepancy or dispute arising from the interpretation, application, execution, etc. of these terms and conditions of use, THE COMPANY and the USER, expressly waiving any other jurisdiction to which they may be entitled, submit themselves to the jurisdiction of the Courts and Tribunals of Madrid (Spain).
