ABOUT WAIXO
In compliance with the duty of information contained in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following information is reflected below: The company owning the web domain www.waixo.com WAIXO FASHION & DIGITAL SOLUTIONS, S.L. including its subdomains or sections or any related application, with address for these purposes at Calle Aguirre Lehendakari Nº 28, Bajo Izquierda C.I.F. number: B95855490 registered in the Commercial Register of Bizkaia in volume 5637, folio 142, page BI-68563, 1st inscription. Contact e-mail address: info@waixo.com
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. responsible for the website www.waixo.com, provides USERS with this document with which it intends to comply with the obligations set out in Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), and to inform all USERS of the website of the conditions of use of the same.
Access and/or use of this portal confers the condition of USER, who accepts, from said access and/or use, committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may be applicable.
Likewise, with regard to the access and use of the Website, the download and use of applications, and the Services, the Conditions are applicable.
The website www.waixo.com provides access to a multitude of information, services, programmes or data (hereinafter, “the contents”) on the Internet belonging to WAIXO FASHION & DIGITAL SOLUTIONS, S.L. creator of the website or its licensors to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to the registration that may be necessary to access certain services or content. In such registration, the USER shall be responsible for providing truthful and lawful information. As a consequence of this registration, the USER may be provided with a password for which he/she will be responsible, undertaking to use it diligently and confidentially.
The USER undertakes to make appropriate use of the content and services (such as chat services, discussion forums or newsgroups) that WAIXO FASHION & DIGITAL SOLUTIONS, S.L., creator of the website, offers through its portal. WAIXO FASHION & DIGITAL SOLUTIONS, S.L. reserves the right to remove any comments and contributions that, in its opinion, are not suitable for publication.
In any case, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. will not be responsible for the opinions expressed by USERS through forums, chats or other participation tools. The USER undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:
Use the Services in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order.
Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorised by the owner of the corresponding rights or it is legally permitted.
Carry out any act that may be considered an infringement of the intellectual or industrial property rights belonging to WAIXO FASHION & DIGITAL SOLUTIONS, S.L. or third parties.
Use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose in any way such information.
The USER will be liable for damages of any kind that WAIXO FASHION & DIGITAL SOLUTIONS, S.L. may suffer, on the occasion of or as a result of the breach of any of the obligations set out above, as well as others included in these General Conditions and/or those imposed by law in relation to the use of the Website.
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. will at all times ensure respect for the current legal system and will be entitled to interrupt, at its sole discretion, the Service or exclude the USER from the Website in case of alleged commission, complete or incomplete, of any of the crimes or offences defined by the Criminal Code in force, or in case of observing any conduct that in the opinion of WAIXO FASHION & DIGITAL SOLUTIONS, S. L. are contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the rules established by WAIXO FASHION & DIGITAL SOLUTIONS, S.L. or its collaborators or may disturb the proper functioning, image, credibility and/or prestige of WAIXO FASHION & DIGITAL SOLUTIONS, S.L. or its collaborators.
PROTECTION OF USER DATA
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. complies with the guidelines of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, Royal Decree 1720/2007 of 21 December which approves the Regulation of development of the Organic Law and other regulations in force at all times, and ensures the correct use and treatment of the USER’s personal data.
USERS are informed that the personal data provided to us through the registration process and through the contact form will be included in the file “USERS” duly registered in the Spanish Data Protection Agency, property and responsibility of WAIXO FASHION & DIGITAL SOLUTIONS, S.L., and whose purpose is to manage your registration in our portal, to respond to your queries and suggestions, as well as to send you commercial information about promotions/offers of our products or services. and whose purpose is to be able to manage your registration in our portal, respond to queries and suggestions that you may make, as well as to be able to send you commercial information about promotions/offers of our products or services. The registration of this data is mandatory; the lack of completion of the same by the USER or the provision of incorrect data will make it impossible for WAIXO FASHION & DIGITAL SOLUTIONS, S.L. to correctly manage the orders placed. To this end, and in accordance with Royal Decree 1720/2007 of 21 December, we will adopt the appropriate security measures for the personal data provided by USERS and we will use the technical means and measures to prevent the loss, misuse, alteration, unauthorised access and theft of the same.
With regard to the publication of personal data on blogs and social networks that may share this website, personal data may be processed for the purpose of answering comments and improving our services. The privacy policy is that set by the entities responsible for these sites. We are not responsible for the personal information that each USER may publish.
On our website and social networks we may publish photos of our events and products so that you can get to know them better and benefit from our offers and promotions. We may also include our USERS so that other USERS can follow them, as well as publish their work.
The USER may at any time exercise their right to access, rectify, oppose and cancel their personal data, in accordance with the provisions of current legislation on personal data protection, by writing to our company by post or e-mail, enclosing a copy of their National Identity Document.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of WAIXO FASHION & DIGITAL SOLUTIONS, S.L. or third parties, whose rights in this respect are legitimately held by WAIXO FASHION & DIGITAL SOLUTIONS, S.L., and are therefore protected by national and international legislation.
It is strictly forbidden to use all the elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation.
Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable under articles 270 and following of the Penal Code.
Those USERS who send observations, opinions or comments to the Website by means of the e-mail service or by any other means, in those cases where this is possible due to the nature of the Services, it is understood that they authorise WAIXO FASHION & DIGITAL SOLUTIONS, S.L. for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation of such observations, opinions or comments, for the entire duration of copyright protection that is legally provided for and without territorial limitation. It is also understood that this authorisation is given free of charge.
Any claims that may be filed by USERS in relation to possible breaches of intellectual or industrial property rights on any of the Services of this Website should be sent to the following e-mail address: info@waixo.com.
PRIVACY AND COOKIES
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. reserves the right to use cookies in the USER’s navigation through its website to facilitate the personalisation and comfort of navigation. Following the company’s data protection policy, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. informs that the cookies are associated with the anonymous USER and his/her computer, and do not provide the name and surname of the USER.
The USER has the possibility of configuring their browser so that they are informed of the reception of cookies, and may, if they so wish, prevent them from being installed on their hard drive. However, to access the WAIXO FASHION & DIGITAL SOLUTIONS, S.L. website it is not necessary to install cookies.
EXCLUSION OF WARRANTIES AND CORPORATE RESPONSIBILITY
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials. Said services, information and materials are presented “as is” and are accessible without guarantees of any kind.
Consequently, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. does not guarantee the reliability, availability or continuity of its Website or Services, so that the use of the same by the USER is carried out at their own risk, and WAIXO FASHION & DIGITAL SOLUTIONS, S.L. cannot be held liable in this regard at any time.
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. shall not be liable in the event of interruptions of the Services, delays, errors, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of WAIXO FASHION & DIGITAL SOLUTIONS, S.L., and/or due to a fraudulent or negligent action of the USER and/or due to unforeseeable circumstances or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure will be understood to include, in addition, and for the purposes of these General Conditions, all those events beyond the control of WAIXO FASHION & DIGITAL SOLUTIONS, S.L., such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a consequence of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialised in the security or integrity of the computer system, provided that WAIXO FASHION & DIGITAL SOLUTIONS, S.L. has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. will not assume any liability for direct or indirect damage, consequential damage and/or loss of profit.
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website, as well as for the Services provided or offered by third parties or entities.
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. will try as far as possible to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of veracity. However, WAIXO FIONS, S.L. will be exonerated from liability for its failure to update or rectify, as well as for the contents and information contained therein. In this sense, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by USERS or collaborators, except in cases where required by current legislation or when required by a competent judicial or administrative authority.
Similarly, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems, as well as in the documents or systems stored in them.
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. is not responsible for the use that the USER makes of the Website Services or their passwords, as well as any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.
The USER undertakes to hold WAIXO FASHION & DIGITAL SOLUTIONS, S.L. harmless. for any damage, loss, sanction, expense (including, without limitation, legal fees) or civil, administrative or any other type of liability that WAIXO FASHION & DIGITAL SOLUTIONS, S.L. may suffer in relation to the breach or partial or defective compliance on its part of the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the LOPD and development regulations.
However, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. is at the disposal of all USERS, authorities and security forces, and actively collaborates in the removal or blocking of all content that could affect or contravene national or international legislation, third party rights or morality and public order. In the event that the USER considers that there is any content on the website that could be susceptible to this classification, he/she is requested to notify the website administrator immediately.
MODIFICATIONS
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. reserves the right to make unannounced changes it deems appropriate in its website, being able to change, delete or add both the content and services provided through it and the way in which they are presented or located on its website.
LINKS
In the event that the domain name contains links or hyperlinks to other Internet sites, WAIXO FASHION & DIGITAL SOLUTIONS, S.L. will not exercise any type of control over these sites and contents. Under no circumstances will WAIXO FASHION & DIGITAL SOLUTIONS, S.L. assume any responsibility for the contents of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.
RIGHT OF EXCLUSION
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. reserves the right to deny, withdraw or interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power failures or for any other justified cause.
GENERAL
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. will pursue the breach of these conditions, as well as any improper use of its portal exercising all civil and criminal actions that may correspond to it by law.
MODIFICATIONS TO THE CONDITIONS
WAIXO FASHION & DIGITAL SOLUTIONS, S.L. may modify at any time the conditions specified here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exhibition and they will be in force until they are modified by others duly published.
APPLICABLE LEGISLATION AND JURISDICTION
For the resolution of all disputes or questions related to this website or the activities carried out on it, Spanish legislation shall apply, to which the parties expressly submit themselves, and the Courts and Tribunals of the city of Bilbao shall be competent for the resolution of all disputes arising from or related to its use, where applicable.