These Terms and Conditions of Use (hereinafter, "Terms and Conditions") establish the provisions under which Users are offered access to and use of the website, social networks, services, or other online transaction portals related to TOMASA S.L. (hereinafter, TOMASA). The services include the sale of TOMASA's products, subscription to its newsletter, and/or access to and the use of their personal profiles on the website.
Whoever makes use of any of the aforementioned services acquires the status of user ("the User"), which implies full acceptance of these Terms and Conditions. The disagreement with these Terms and Conditions refrains the use of any of the services provided by TOMASA. However, the mere use of the website does not initiate an employment nor a commercial relationship with the owner of the website.
By accepting these Terms and Conditions, the User declares:
(a) Having read, understood and comprehended what is set forth herein.
(b) Having assumed all the obligations set forth herein.
(c) Being of legal age and having sufficient legal capacity to use these services.
The prior acceptance of these Terms and Conditions by the User is essential for the use of the services.
The translated English version of these Terms and Conditions is in accordance with the original Terms and Conditions. You agree that the translation is provided for mere convenience and that the Spanish version shall govern your access to and use of the services hereunder.
Some of the Services (or part of the Services) may require separate consent from you. In the event of any conflict or inconsistency between the Terms and Conditions, the Terms and Conditions relating to the service in question shall prevail.
These Terms and Conditions are the basis of any agreement reached between the User and TOMASA.
Please, read carefully the following Terms and Conditions, and if you do not agree with them, do not access or use this website. If you have any doubts, please contact us through the means provided below.
1 HOLDER OF THE SERVICE
In accordance with Law 34/2002, July the 11th, on Information Society Services and Electronic Commerce, TOMASA hereby informs you of the following details of the owner of the service:
· Name: TOMASA & FANDANGO (legal representative of TOMASA & FANDANGO S.L.)
· NIF: B44858439
· Address: Calle Picavia 5, 2D, 15004 A Coruña, Spain
· Email address: info@curatedbytomasa.com
· Business activity: Retail craft & fashion sale
2 USE OF THE WEBSITE AND COLLECTION OF INFORMATION
2.1 USE OF THE WEBSITE
The website cordera.es (hereinafter "the website") provides access to articles, information, services and data (hereinafter ʻthe contentsʼ) owned by TOMASA. The User assumes responsibility for the use of the website.
The User undertakes to make appropriate use of the contents of the website and, by way of example, but without limitation, not to use them to:
(a) Engage in activities that are illicit or contrary to good faith and public order.
(b) Disseminate propaganda content of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or in violation of human rights.
(c) Cause damage to the physical and logical systems of cordera.es, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that may cause the aforementioned damage.
(d) Attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages.
TOMASA reserves its right to remove all comments and contributions that violate the respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that violate youth or childhood, public order or safety or that, in its opinion, are not suitable for publication.
In any case, TOMASA will not be responsible for the opinions expressed by users through the blog, social networks or other participation tools that may be created, in accordance with the provisions of the applicable regulations.
2.2 CAPTURE OF INFORMATION
The information relating to the User's personal data may be collected through the following methods:
- Contact form, where the User must complete the fields for the email, subject, name and telephone number.
- Subscription form, by filling in the fields necessary for the subscription to the newsletter.
- Cookie tracking, according to the rules of the Cookies Policy.
- Browsing and IP address: when browsing this WEBSITE, the User automatically provides the web server with the information about IP address, date and time of access, the hyperlink that has been forwarded to the User, and the operating system and the browser used.
Without limiting the foregoing, the User may unsubscribe at any time from the services provided by TOMASA or data provided by the User in compliance with current Data Protection regulations. Likewise, both by subscribing to this website and by making a comment on any of its pages and/or entries, the User consents to the processing of personal data by TOMASA in accordance with its Privacy Policy.
By activating a subscription, contact form or comment, the User understands and accepts that from the moment of the subscription or the contract of a service, TOMASA has access to:
- Name and surname
- E-mail address
- Postal address
- Nationality and age
- Other data necessary for billing purposes and forming part of the processing activity under the name of "USERS OF THE WEBSITE AND SUBSCRIBERS" or in case of making any purchase, the User will be subscribed to the processing activity of "CUSTOMERS AND/OR SUPPLIERS" who have access to the data of name, surname, e-mail, ID and complete address.
3 MODIFICATION OF THESE TERMS AND CONDITIONS AND DURATION
TOMASA reserves the right to modify, at any time, the present Terms and Conditions in order to adapt them to new legislation or jurisprudence, as well as to industry practices. In such cases, the Responsible Party will announce on this page the changes introduced with reasonable notice of their implementation. TOMASA also recommends revising these Terms and Conditions periodically in order to be aware of its latest version. The validity of these Terms and Conditions will depend on their exposure and they will be in force until they are modified by others duly published.
4 REGISTRATION
When registering to create a profile on the website or to make any purchase, the User guarantees that the information provided is true, accurate, current, and complete, and confirms not to be impersonating any identity.
In the event of any change in the information provided, the User will provide the updated information to TOMASA.
5 PRIVACY POLICY
The information provided by the User will be treated confidentially. TOMASA will process this information in accordance with its Privacy Policy. By using this website, the User consents to the processing of personal data and declares that all information provided is truthful and corresponds to reality.
6 SECURITY MEASURES
TOMASA ensures that your personal data are protected and are not used without your consent. To this end, it will validate the name, address and other personal information provided by the User during the order process. Personal information will be verified and checked with regards to third party databases.
TOMASA will take all necessary measures to ensure that purchase orders are checked and that they contain the information provided by the User. TOMASA may contact the Users to carry out additional security checks and to request their collaboration in completing these additional checks. TOMASA will ensure that the necessary safeguards are in place to combat fraudulent transactions, reporting them to the competent authorities when it becomes aware of them.
By accepting these Terms and Conditions, the User authorizes these checks to be carried out.
7 COMPENSATION
The User agrees to indemnify, defend and hold harmless TOMASA, as well as its officers, directors, employees and suppliers, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of the User's breach of these Terms, or any other liabilities arising out of the use of the website or any other person accessing the website using their personal information.
8 LINKS POLICY
Those persons or entities that intend to create a hyperlink from a website of another Internet portal to TOMASA's website must comply with the following conditions:
- The total or partial reproduction of any of the services or contents of the website is not permitted without TOMASA's prior and express authorization.
- No deep-links or IMG or image links or frames may be established with TOMASA's website without its prior and express authorization.
- No false, inaccurate or incorrect statement shall be made about TOMASA's website, or about its services or contents. Except for those signs that are part of the hyperlink, the webpage on which it is established will not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to TOMASA, unless expressly authorized to do so.
- The establishment of the hyperlink does not imply the existence of a relationship between TOMASA and the owner of the website or portal from which it is made, nor the knowledge and acceptance by TOMASA of the services and contents offered on said website or portal.
- TOMASA will not be responsible for the contents or services available to the public on the website or portal from which the hyperlink is made, nor the information and statements included in it.
Likewise, TOMASA's website might make available to the User connections and links to other websites managed and controlled by third parties. These links have the exclusive function of making it easier for users to search for information, content and services on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
TOMASA does not commercialize, direct, control or own the contents, services, information and statements available on these websites.
TOMASA S.L. assumes no responsibility whatsoever, even indirect or subsidiary, for damages of any kind that may derive from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered on websites not managed by TOMASA S.L. and which are accessible through TOMASA S.L.
9 PURCHASE ORDERS
All purchase orders placed through TOMASA's website are subject to acceptance and availability. If the products ordered are not in stock, the User will be notified by email or by the means provided by the User and may choose whether waiting for the goods to become available or cancelling the order.
Any purchase order placed online by the User will be considered as an offer to purchase products and services from TOMASA. TOMASA reserves the right to reject any of its purchase offers at any time. The User accepts that any notification from TOMASA does not imply acceptance of the offer to purchase products and services from the website.
The conclusion of the contract will take place when the account of the means of payment chosen by the User is debited or when the products are dispatched by TOMASA, if this date is later.
10 INTELLECTUAL AND INDUSTRIAL PROPERTY
TOMASA S.L. itself or as assignee, is the owner of all intellectual and industrial property rights of the website, as well as of the elements contained therein (for example, images, sound, audio, video, software or texts; registered trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All rights reserved.
Any use not previously authorized by TOMASA will be considered a serious breach of the intellectual or industrial property rights of the author.
The reproduction, distribution and public communication, including the availability, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, is expressly prohibited without TOMASA's authorization.
The User undertakes to respect the Intellectual and Industrial Property rights owned by TOMASA. You may only view the web elements without the possibility to print, copy or store them on the hard disk of your computer or any other physical medium. The User must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the pages of TOMASA.
TOMASA accepts no responsibility, under no circumstances, for damages of any kind that may be caused, including errors or omissions in the content, lack of availability of the website - which will stop periodically for technical maintenance - as well as the transmission of viruses or malicious or harmful programs in the content, despite having adopted all the necessary technological measures to avoid this.
TOMASA reserves the right to make any modifications it deems appropriate to its website without prior notice, and may change, eliminate or add both the contents and services provided through it and the way in which they are presented or located on its website.
11 RIGHT OF EXCLUSION
TOMASA SL. reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these Terms and Conditions.
12 GENERAL
TOMASA will pursue any breach of these Terms and Conditions, as well as any improper use of its website, exercising all the civil and criminal actions to which it may be entitled by law.
Should any part of these Terms and Conditions be deemed unlawful, void or unenforceable for any reason whatsoever, that part shall be considered independent of the rest of the Terms and Conditions and shall not affect the validity of the remaining clauses of these Terms and Conditions.
13 COMPLAINTS AND DOUBTS
TOMASA informs that Users may present their complaints or requests related to the services provided by sending an e-mail to info@curatedbytomasa.com. In order to do so, Users must indicate their name and surname, the service or product purchased and the reasons for their complaint or query.
You may also contact the owner of this website by post at the following address: Calle Picavia 5, 2aD, 15004, La Coruña (Spain).
14 APPLICABLE LEGISLATION AND JURISDICTION
The relationship between TOMASA S.L. and the USER, in accordance with these Terms and Conditions, will be governed by current Spanish legislation. Any dispute will be submitted to the Courts and Tribunals of the city of La Coruña unless the applicable law provides otherwise.
Whoever makes use of any of the aforementioned services acquires the status of user ("the User"), which implies full acceptance of these Terms and Conditions. The disagreement with these Terms and Conditions refrains the use of any of the services provided by TOMASA. However, the mere use of the website does not initiate an employment nor a commercial relationship with the owner of the website.
By accepting these Terms and Conditions, the User declares:
(a) Having read, understood and comprehended what is set forth herein.
(b) Having assumed all the obligations set forth herein.
(c) Being of legal age and having sufficient legal capacity to use these services.
The prior acceptance of these Terms and Conditions by the User is essential for the use of the services.
The translated English version of these Terms and Conditions is in accordance with the original Terms and Conditions. You agree that the translation is provided for mere convenience and that the Spanish version shall govern your access to and use of the services hereunder.
Some of the Services (or part of the Services) may require separate consent from you. In the event of any conflict or inconsistency between the Terms and Conditions, the Terms and Conditions relating to the service in question shall prevail.
These Terms and Conditions are the basis of any agreement reached between the User and TOMASA.
Please, read carefully the following Terms and Conditions, and if you do not agree with them, do not access or use this website. If you have any doubts, please contact us through the means provided below.
1 HOLDER OF THE SERVICE
In accordance with Law 34/2002, July the 11th, on Information Society Services and Electronic Commerce, TOMASA hereby informs you of the following details of the owner of the service:
· Name: TOMASA & FANDANGO (legal representative of TOMASA & FANDANGO S.L.)
· NIF: B44858439
· Address: Calle Picavia 5, 2D, 15004 A Coruña, Spain
· Email address: info@curatedbytomasa.com
· Business activity: Retail craft & fashion sale
2 USE OF THE WEBSITE AND COLLECTION OF INFORMATION
2.1 USE OF THE WEBSITE
The website cordera.es (hereinafter "the website") provides access to articles, information, services and data (hereinafter ʻthe contentsʼ) owned by TOMASA. The User assumes responsibility for the use of the website.
The User undertakes to make appropriate use of the contents of the website and, by way of example, but without limitation, not to use them to:
(a) Engage in activities that are illicit or contrary to good faith and public order.
(b) Disseminate propaganda content of a racist, xenophobic, pornographic-illegal nature, in support of terrorism or in violation of human rights.
(c) Cause damage to the physical and logical systems of cordera.es, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that may cause the aforementioned damage.
(d) Attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages.
TOMASA reserves its right to remove all comments and contributions that violate the respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, that violate youth or childhood, public order or safety or that, in its opinion, are not suitable for publication.
In any case, TOMASA will not be responsible for the opinions expressed by users through the blog, social networks or other participation tools that may be created, in accordance with the provisions of the applicable regulations.
2.2 CAPTURE OF INFORMATION
The information relating to the User's personal data may be collected through the following methods:
- Contact form, where the User must complete the fields for the email, subject, name and telephone number.
- Subscription form, by filling in the fields necessary for the subscription to the newsletter.
- Cookie tracking, according to the rules of the Cookies Policy.
- Browsing and IP address: when browsing this WEBSITE, the User automatically provides the web server with the information about IP address, date and time of access, the hyperlink that has been forwarded to the User, and the operating system and the browser used.
Without limiting the foregoing, the User may unsubscribe at any time from the services provided by TOMASA or data provided by the User in compliance with current Data Protection regulations. Likewise, both by subscribing to this website and by making a comment on any of its pages and/or entries, the User consents to the processing of personal data by TOMASA in accordance with its Privacy Policy.
By activating a subscription, contact form or comment, the User understands and accepts that from the moment of the subscription or the contract of a service, TOMASA has access to:
- Name and surname
- E-mail address
- Postal address
- Nationality and age
- Other data necessary for billing purposes and forming part of the processing activity under the name of "USERS OF THE WEBSITE AND SUBSCRIBERS" or in case of making any purchase, the User will be subscribed to the processing activity of "CUSTOMERS AND/OR SUPPLIERS" who have access to the data of name, surname, e-mail, ID and complete address.
3 MODIFICATION OF THESE TERMS AND CONDITIONS AND DURATION
TOMASA reserves the right to modify, at any time, the present Terms and Conditions in order to adapt them to new legislation or jurisprudence, as well as to industry practices. In such cases, the Responsible Party will announce on this page the changes introduced with reasonable notice of their implementation. TOMASA also recommends revising these Terms and Conditions periodically in order to be aware of its latest version. The validity of these Terms and Conditions will depend on their exposure and they will be in force until they are modified by others duly published.
4 REGISTRATION
When registering to create a profile on the website or to make any purchase, the User guarantees that the information provided is true, accurate, current, and complete, and confirms not to be impersonating any identity.
In the event of any change in the information provided, the User will provide the updated information to TOMASA.
5 PRIVACY POLICY
The information provided by the User will be treated confidentially. TOMASA will process this information in accordance with its Privacy Policy. By using this website, the User consents to the processing of personal data and declares that all information provided is truthful and corresponds to reality.
6 SECURITY MEASURES
TOMASA ensures that your personal data are protected and are not used without your consent. To this end, it will validate the name, address and other personal information provided by the User during the order process. Personal information will be verified and checked with regards to third party databases.
TOMASA will take all necessary measures to ensure that purchase orders are checked and that they contain the information provided by the User. TOMASA may contact the Users to carry out additional security checks and to request their collaboration in completing these additional checks. TOMASA will ensure that the necessary safeguards are in place to combat fraudulent transactions, reporting them to the competent authorities when it becomes aware of them.
By accepting these Terms and Conditions, the User authorizes these checks to be carried out.
7 COMPENSATION
The User agrees to indemnify, defend and hold harmless TOMASA, as well as its officers, directors, employees and suppliers, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of the User's breach of these Terms, or any other liabilities arising out of the use of the website or any other person accessing the website using their personal information.
8 LINKS POLICY
Those persons or entities that intend to create a hyperlink from a website of another Internet portal to TOMASA's website must comply with the following conditions:
- The total or partial reproduction of any of the services or contents of the website is not permitted without TOMASA's prior and express authorization.
- No deep-links or IMG or image links or frames may be established with TOMASA's website without its prior and express authorization.
- No false, inaccurate or incorrect statement shall be made about TOMASA's website, or about its services or contents. Except for those signs that are part of the hyperlink, the webpage on which it is established will not contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to TOMASA, unless expressly authorized to do so.
- The establishment of the hyperlink does not imply the existence of a relationship between TOMASA and the owner of the website or portal from which it is made, nor the knowledge and acceptance by TOMASA of the services and contents offered on said website or portal.
- TOMASA will not be responsible for the contents or services available to the public on the website or portal from which the hyperlink is made, nor the information and statements included in it.
Likewise, TOMASA's website might make available to the User connections and links to other websites managed and controlled by third parties. These links have the exclusive function of making it easier for users to search for information, content and services on the Internet, without being considered a suggestion, recommendation or invitation to visit them.
TOMASA does not commercialize, direct, control or own the contents, services, information and statements available on these websites.
TOMASA S.L. assumes no responsibility whatsoever, even indirect or subsidiary, for damages of any kind that may derive from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered on websites not managed by TOMASA S.L. and which are accessible through TOMASA S.L.
9 PURCHASE ORDERS
All purchase orders placed through TOMASA's website are subject to acceptance and availability. If the products ordered are not in stock, the User will be notified by email or by the means provided by the User and may choose whether waiting for the goods to become available or cancelling the order.
Any purchase order placed online by the User will be considered as an offer to purchase products and services from TOMASA. TOMASA reserves the right to reject any of its purchase offers at any time. The User accepts that any notification from TOMASA does not imply acceptance of the offer to purchase products and services from the website.
The conclusion of the contract will take place when the account of the means of payment chosen by the User is debited or when the products are dispatched by TOMASA, if this date is later.
10 INTELLECTUAL AND INDUSTRIAL PROPERTY
TOMASA S.L. itself or as assignee, is the owner of all intellectual and industrial property rights of the website, as well as of the elements contained therein (for example, images, sound, audio, video, software or texts; registered trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). All rights reserved.
Any use not previously authorized by TOMASA will be considered a serious breach of the intellectual or industrial property rights of the author.
The reproduction, distribution and public communication, including the availability, of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, is expressly prohibited without TOMASA's authorization.
The User undertakes to respect the Intellectual and Industrial Property rights owned by TOMASA. You may only view the web elements without the possibility to print, copy or store them on the hard disk of your computer or any other physical medium. The User must refrain from deleting, altering, evading or manipulating any protection device or security system installed on the pages of TOMASA.
TOMASA accepts no responsibility, under no circumstances, for damages of any kind that may be caused, including errors or omissions in the content, lack of availability of the website - which will stop periodically for technical maintenance - as well as the transmission of viruses or malicious or harmful programs in the content, despite having adopted all the necessary technological measures to avoid this.
TOMASA reserves the right to make any modifications it deems appropriate to its website without prior notice, and may change, eliminate or add both the contents and services provided through it and the way in which they are presented or located on its website.
11 RIGHT OF EXCLUSION
TOMASA SL. reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these Terms and Conditions.
12 GENERAL
TOMASA will pursue any breach of these Terms and Conditions, as well as any improper use of its website, exercising all the civil and criminal actions to which it may be entitled by law.
Should any part of these Terms and Conditions be deemed unlawful, void or unenforceable for any reason whatsoever, that part shall be considered independent of the rest of the Terms and Conditions and shall not affect the validity of the remaining clauses of these Terms and Conditions.
13 COMPLAINTS AND DOUBTS
TOMASA informs that Users may present their complaints or requests related to the services provided by sending an e-mail to info@curatedbytomasa.com. In order to do so, Users must indicate their name and surname, the service or product purchased and the reasons for their complaint or query.
You may also contact the owner of this website by post at the following address: Calle Picavia 5, 2aD, 15004, La Coruña (Spain).
14 APPLICABLE LEGISLATION AND JURISDICTION
The relationship between TOMASA S.L. and the USER, in accordance with these Terms and Conditions, will be governed by current Spanish legislation. Any dispute will be submitted to the Courts and Tribunals of the city of La Coruña unless the applicable law provides otherwise.