Conditions of use
GENERAL TERMS AND CONDITIONS OF USE OF THE SITE
WWW.OPTICALGOLD.COM
PORTAL
This website www.opticalgold.com including the contents and services made available therein (hereinafter, the "Site") is operated by Fernando Rodríguez Moya:
• Whose registered office is at Calle Tesorero, 10, 41640, Osuna (Spain) and which can also be addressed through fernando@opticalgold.com (customer service email);
• With Spanish Fiscal Identification Number (NIF) number 28.243.755-P;
GENERAL TERMS AND CONDITIONS OF THE SITE
-Introduction.
For the purposes of these general terms and conditions of use of the Site, "User/s" shall mean any person who accesses the Site by any means. These general terms and conditions govern the use of (including mere access) of the websites composing the Site, and therefore also the contents and services that Fernando Rodríguez Moya makes available to Users of the Site (the "General Conditions", "Contents" and "Services"). Certain Contents and the Services may also be regulated by special conditions which, in case of dispute, shall prevail over the General Conditions (the "Special Conditions"). Likewise, Users accept the application of the relevant Special Conditions each time they use the relevant Contents or Service.
THEREFORE, YOU SHOULD CAREFULLY READ THE GENERAL TERMS AND CONDITIONS WHENEVER YOU INTEND TO USE THE SITE. AS WELL AS, IF APPROPRIATE,THE CORRESPONDING SPECIAL CONDITIONS EACH TIME YOU INTEND TO USE THE CONTENTS OR SERVICES IN QUESTION.
In any case, Fernando Rodríguez Moya reserves the right to modify at any time without prior notice, the presentation and configuration of the Site, as well as the General Conditions or the relevant Special Conditions.
-USE OF THE SITE.
Unless otherwise stated in the Particular Conditions, the mere use of the Site shall be free, subject to the cost of connection through the corresponding telecommunications network to which Users have access.
The User acknowledges and agrees, voluntarily and explicitly, that the use of the Site is made in every case under its sole responsibility.
In using the Site, Users agree not to perform any conduct that might (i) infringe the law and / or the General and Special Terms or Conditions or (ii) damage the image, interests and rights of Fernando Rodríguez Moya or others, or which could damage, disable or overburden the Site, or that may impede or alter in any way the normal use of the Site. In particular, Users expressly agree (i) not to destroy, alter, disable or otherwise, damage data, programs or electronic documents and other information that are on the Site; and (ii) not to introduce programs, viruses, macros, controls or any other logical device or character sequence that cause or are likely to cause, any alteration to the computer systems of the Site or of third parties.
Fernando Rodríguez Moya takes security measures that are reasonably adequate to detect the presence of viruses. However, Users should be aware that the security measures of computer systems on the Internet are not entirely reliable and therefore, Fernando Rodríguez Moya cannot guarantee the absence of viruses, malware, worms, social engineering attacks by a third party (phishing, pharming, trojans, etc.) or other elements that may cause alterations in the computer systems (software and hardware) of Users or in their electronic documents and files contained therein..
Access to the Site via mechanized systems is prohibited (by means other than access by natural persons) as they cause damage to Fernando Rodríguez Moya because it is unable to objectively measure the audience.
Fernando Rodríguez Moya excludes all liability that may arise from causes beyond Fernando Rodríguez Moya of (i) interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system; or (ii) delays or blockages in the operative functionality of the electronic system caused by deficiencies or overload of telephone lines or on Internet, as well as damage caused by third parties.
Fernando Rodríguez Moya is authorized to temporarily suspend, without prior notice, access to the Site as a result of maintenance, repair, renovation or improvement operations.
In any case, Fernando Rodríguez Moya reserves the right to modify at any time without prior notice, the presentation and configuration of the Site, as well as the General Conditions or the relevant Special Conditions.
-INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
All Contents (including graphic design, font, logos, text, graphics, illustrations, photographs, trade names, trademarks or distinguishing marks and any other items that appear on the Site), unless expressly stated otherwise, are owned exclusively by Fernando Rodríguez Moya or third parties.
Users will not dispose of any intellectual or industrial property right on the Site or on any of its components, being it expressly prohibited for Users to carry out any reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding or use of any nature by any means or process, of any of them, except in cases where it is legally permitted or authorized by the owner of such rights.
Users may view and obtain a temporary private copy of the Contents for personal, private and non-collective use in their computer systems (software and hardware), provided they do not have the object of developing collective activities or commercial or professional activities. Users shall refrain from obtaining or attempting to obtain the Contents by means or procedures other than those which in each case have been made available or indicated for such purpose or those which are commonly used on the Internet (provided that the latter do not involve a risk of damage or disable the Site). Users shall respect at all times all intellectual and industrial property rights on the Site, which are owned by Fernando Rodríguez Moya or third parties.
In any case, Fernando Rodríguez Moya reserves the right to modify at any time without prior notice, the presentation and configuration of the Site, as well as the General Conditions or the relevant Special Conditions.
-HYPERLINKS.
Users and, in general, any natural or legal person who intends to establish a hyperlink or a technical link device (for example links or keys) from their website to the Site (the "Hyperlink") must obtain prior written permission from Fernando Rodríguez Moya.
The establishment of the Hyperlink does not imply in any case the existence of a relationship between Fernando Rodríguez Moya and the owner of the site or the web page where the Hyperlink is established, nor the acceptance or approval by Fernando Rodríguez Moya of its contents or services.
In any case, Fernando Rodríguez Moya reserves the right to prohibit or cancel at any time any hyperlink to the Site, particularly in the event of an unlawful activity or content of the website on which the hyperlink is included.
-LINKED SITES.
The Site may make available to Users, solely for the search for, and access to, the information, contents and services available on the Internet, hyperlinks or technical link devices (such as links or keys) that allow Users access to Internet sites or portals which are owned or operated by third parties (the "Linked Sites").
Fernando Rodríguez Moya does not offer or market, directly or through third parties, the information, contents and services available on the Linked Sites, neither does it endorse, monitor or have any control whatsoever over the contents and services or any material of any nature therein, assuming Users shall be exclusively be responsible for browsing therein.
-PERSONAL DATA.
The personal information that Users provide through the Site will be processed (and, if applicable, included in the files) being Fernando Rodríguez Moya responsible thereof.
Unless otherwise indicated on the forms of the Site where Users' data is collected, collection and processing of personal data aims to:
• the management and enforcement by Users of these General Terms and Conditions and of the Special Conditions (i.e. the actual conditions of Contents or Services which are accessed through this Site, such as the contract to purchase our products, bases of our contests in which Users may decide to participate, terms of sending your CV, etc.); and
• if authorized by Users (for example, by checking the box that appears to that effect in the data forms that Users fill in the Site) for receiving invitations or information relating to the activities of Fernando Rodríguez Moya (i.e. products-jewels and services related to jewellery and optical sectors), using for that purpose the contact information Users have provided us with( including electronic means).
The data requested from Users in the collection forms shall be binding unless otherwise stated on the relevant form. In the event that Users do not provide the information requested on a mandatory basis, Fernando Rodríguez Moya will not be able to process the form in question. By entering personal data, the User guarantees Fernando Rodríguez Moya that such data is accurate, complete and truthful and relate only to the User and not to others.
In order to access, rectify or cancel your data and oppose to the treatment as appropriate (including paragraph (ii) above), a written request shall be directed to our headquarters (Fernando Rodríguez Moya, Tesorero 10, Osuna 41640, Sevilla, Spain), proving the identity of the applicant (for example, a photocopy of ID).
-MINORS UNDER 18.
The Site is not directed to minors under 18 years of age. IF YOU ARE A MINOR UNDER 18 DO NOT USE THIS SITE AND DO NOT PROVIDE US ANY PERSONAL DATA ON YOURSELF OR ON ANY OTHER PERSON (FRIENDS OR FAMILY, ETC).
-OUR COOKIES.
We use cookies, that is, a set of data that allows to identify Users during the live session, called "session", which means that cookies are stored and are only valid for the duration of an active session, i.e. during the visit to the Site. These cookies do not permanently record any information on the hard drive of your computer and they expire at the end of the session.
On the Site, in general, cookies that collect specific user information are not used. During the online shopping process on our website, cookies do not collect information about the user's browser, but only the ID of the session for that user during your visit on the web to handle the purchasing process (particularly, bank reconciliations ) and to verify the correctness of the data provided.
In general, the cookies we use are only associated with an anonymous user and his or her computer, and they do not provide references that allow to deduce the name and surname of the user. Regarding the online shopping process in particular, it will be associated with the data entered by Users during the purchase process to their session ID for bank reconciliations and to prove procurement.
Users may freely decide whether or not to introduce and dispose of our cookies in their hard drive, following the procedure established in the help section of their browser. Users may also set their browser to accept or reject all cookies by default or to receive an onscreen notice of receipt of each cookie and decide at that time whether or not you wish to set them up in your hard drive.
Should Users establish their browser to refuse all cookies or expressly reject our cookies, browsing on our Site may be slower and this may lead to malfunctioning.
-APPLICABLE LAW.
These General Terms and Conditions are governed by Spanish law.
-CONTACT DETAILS.
Users should address fernando@opticalgold.com in case of: (i) having questions about these General Terms and Conditions or Special Conditions; (ii) you have comments on the Site, or (iii) noticing malfunctions or strange behaviours of the Site.
WWW.OPTICALGOLD.COM
PORTAL
This website www.opticalgold.com including the contents and services made available therein (hereinafter, the "Site") is operated by Fernando Rodríguez Moya:
• Whose registered office is at Calle Tesorero, 10, 41640, Osuna (Spain) and which can also be addressed through fernando@opticalgold.com (customer service email);
• With Spanish Fiscal Identification Number (NIF) number 28.243.755-P;
GENERAL TERMS AND CONDITIONS OF THE SITE
-Introduction.
For the purposes of these general terms and conditions of use of the Site, "User/s" shall mean any person who accesses the Site by any means. These general terms and conditions govern the use of (including mere access) of the websites composing the Site, and therefore also the contents and services that Fernando Rodríguez Moya makes available to Users of the Site (the "General Conditions", "Contents" and "Services"). Certain Contents and the Services may also be regulated by special conditions which, in case of dispute, shall prevail over the General Conditions (the "Special Conditions"). Likewise, Users accept the application of the relevant Special Conditions each time they use the relevant Contents or Service.
THEREFORE, YOU SHOULD CAREFULLY READ THE GENERAL TERMS AND CONDITIONS WHENEVER YOU INTEND TO USE THE SITE. AS WELL AS, IF APPROPRIATE,THE CORRESPONDING SPECIAL CONDITIONS EACH TIME YOU INTEND TO USE THE CONTENTS OR SERVICES IN QUESTION.
In any case, Fernando Rodríguez Moya reserves the right to modify at any time without prior notice, the presentation and configuration of the Site, as well as the General Conditions or the relevant Special Conditions.
-USE OF THE SITE.
Unless otherwise stated in the Particular Conditions, the mere use of the Site shall be free, subject to the cost of connection through the corresponding telecommunications network to which Users have access.
The User acknowledges and agrees, voluntarily and explicitly, that the use of the Site is made in every case under its sole responsibility.
In using the Site, Users agree not to perform any conduct that might (i) infringe the law and / or the General and Special Terms or Conditions or (ii) damage the image, interests and rights of Fernando Rodríguez Moya or others, or which could damage, disable or overburden the Site, or that may impede or alter in any way the normal use of the Site. In particular, Users expressly agree (i) not to destroy, alter, disable or otherwise, damage data, programs or electronic documents and other information that are on the Site; and (ii) not to introduce programs, viruses, macros, controls or any other logical device or character sequence that cause or are likely to cause, any alteration to the computer systems of the Site or of third parties.
Fernando Rodríguez Moya takes security measures that are reasonably adequate to detect the presence of viruses. However, Users should be aware that the security measures of computer systems on the Internet are not entirely reliable and therefore, Fernando Rodríguez Moya cannot guarantee the absence of viruses, malware, worms, social engineering attacks by a third party (phishing, pharming, trojans, etc.) or other elements that may cause alterations in the computer systems (software and hardware) of Users or in their electronic documents and files contained therein..
Access to the Site via mechanized systems is prohibited (by means other than access by natural persons) as they cause damage to Fernando Rodríguez Moya because it is unable to objectively measure the audience.
Fernando Rodríguez Moya excludes all liability that may arise from causes beyond Fernando Rodríguez Moya of (i) interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of the electronic system; or (ii) delays or blockages in the operative functionality of the electronic system caused by deficiencies or overload of telephone lines or on Internet, as well as damage caused by third parties.
Fernando Rodríguez Moya is authorized to temporarily suspend, without prior notice, access to the Site as a result of maintenance, repair, renovation or improvement operations.
In any case, Fernando Rodríguez Moya reserves the right to modify at any time without prior notice, the presentation and configuration of the Site, as well as the General Conditions or the relevant Special Conditions.
-INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
All Contents (including graphic design, font, logos, text, graphics, illustrations, photographs, trade names, trademarks or distinguishing marks and any other items that appear on the Site), unless expressly stated otherwise, are owned exclusively by Fernando Rodríguez Moya or third parties.
Users will not dispose of any intellectual or industrial property right on the Site or on any of its components, being it expressly prohibited for Users to carry out any reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding or use of any nature by any means or process, of any of them, except in cases where it is legally permitted or authorized by the owner of such rights.
Users may view and obtain a temporary private copy of the Contents for personal, private and non-collective use in their computer systems (software and hardware), provided they do not have the object of developing collective activities or commercial or professional activities. Users shall refrain from obtaining or attempting to obtain the Contents by means or procedures other than those which in each case have been made available or indicated for such purpose or those which are commonly used on the Internet (provided that the latter do not involve a risk of damage or disable the Site). Users shall respect at all times all intellectual and industrial property rights on the Site, which are owned by Fernando Rodríguez Moya or third parties.
In any case, Fernando Rodríguez Moya reserves the right to modify at any time without prior notice, the presentation and configuration of the Site, as well as the General Conditions or the relevant Special Conditions.
-HYPERLINKS.
Users and, in general, any natural or legal person who intends to establish a hyperlink or a technical link device (for example links or keys) from their website to the Site (the "Hyperlink") must obtain prior written permission from Fernando Rodríguez Moya.
The establishment of the Hyperlink does not imply in any case the existence of a relationship between Fernando Rodríguez Moya and the owner of the site or the web page where the Hyperlink is established, nor the acceptance or approval by Fernando Rodríguez Moya of its contents or services.
In any case, Fernando Rodríguez Moya reserves the right to prohibit or cancel at any time any hyperlink to the Site, particularly in the event of an unlawful activity or content of the website on which the hyperlink is included.
-LINKED SITES.
The Site may make available to Users, solely for the search for, and access to, the information, contents and services available on the Internet, hyperlinks or technical link devices (such as links or keys) that allow Users access to Internet sites or portals which are owned or operated by third parties (the "Linked Sites").
Fernando Rodríguez Moya does not offer or market, directly or through third parties, the information, contents and services available on the Linked Sites, neither does it endorse, monitor or have any control whatsoever over the contents and services or any material of any nature therein, assuming Users shall be exclusively be responsible for browsing therein.
-PERSONAL DATA.
The personal information that Users provide through the Site will be processed (and, if applicable, included in the files) being Fernando Rodríguez Moya responsible thereof.
Unless otherwise indicated on the forms of the Site where Users' data is collected, collection and processing of personal data aims to:
• the management and enforcement by Users of these General Terms and Conditions and of the Special Conditions (i.e. the actual conditions of Contents or Services which are accessed through this Site, such as the contract to purchase our products, bases of our contests in which Users may decide to participate, terms of sending your CV, etc.); and
• if authorized by Users (for example, by checking the box that appears to that effect in the data forms that Users fill in the Site) for receiving invitations or information relating to the activities of Fernando Rodríguez Moya (i.e. products-jewels and services related to jewellery and optical sectors), using for that purpose the contact information Users have provided us with( including electronic means).
The data requested from Users in the collection forms shall be binding unless otherwise stated on the relevant form. In the event that Users do not provide the information requested on a mandatory basis, Fernando Rodríguez Moya will not be able to process the form in question. By entering personal data, the User guarantees Fernando Rodríguez Moya that such data is accurate, complete and truthful and relate only to the User and not to others.
In order to access, rectify or cancel your data and oppose to the treatment as appropriate (including paragraph (ii) above), a written request shall be directed to our headquarters (Fernando Rodríguez Moya, Tesorero 10, Osuna 41640, Sevilla, Spain), proving the identity of the applicant (for example, a photocopy of ID).
-MINORS UNDER 18.
The Site is not directed to minors under 18 years of age. IF YOU ARE A MINOR UNDER 18 DO NOT USE THIS SITE AND DO NOT PROVIDE US ANY PERSONAL DATA ON YOURSELF OR ON ANY OTHER PERSON (FRIENDS OR FAMILY, ETC).
-OUR COOKIES.
We use cookies, that is, a set of data that allows to identify Users during the live session, called "session", which means that cookies are stored and are only valid for the duration of an active session, i.e. during the visit to the Site. These cookies do not permanently record any information on the hard drive of your computer and they expire at the end of the session.
On the Site, in general, cookies that collect specific user information are not used. During the online shopping process on our website, cookies do not collect information about the user's browser, but only the ID of the session for that user during your visit on the web to handle the purchasing process (particularly, bank reconciliations ) and to verify the correctness of the data provided.
In general, the cookies we use are only associated with an anonymous user and his or her computer, and they do not provide references that allow to deduce the name and surname of the user. Regarding the online shopping process in particular, it will be associated with the data entered by Users during the purchase process to their session ID for bank reconciliations and to prove procurement.
Users may freely decide whether or not to introduce and dispose of our cookies in their hard drive, following the procedure established in the help section of their browser. Users may also set their browser to accept or reject all cookies by default or to receive an onscreen notice of receipt of each cookie and decide at that time whether or not you wish to set them up in your hard drive.
Should Users establish their browser to refuse all cookies or expressly reject our cookies, browsing on our Site may be slower and this may lead to malfunctioning.
-APPLICABLE LAW.
These General Terms and Conditions are governed by Spanish law.
-CONTACT DETAILS.
Users should address fernando@opticalgold.com in case of: (i) having questions about these General Terms and Conditions or Special Conditions; (ii) you have comments on the Site, or (iii) noticing malfunctions or strange behaviours of the Site.
