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TERMS OF USE OF THE WEBSITE

  1. LEGAL NOTICE

The website www.picartpetcare.com (hereinafter, the “Website”) is owned by the company PIENSOS PICART, S.A. with registered office at Av. de Sant Nonet, 2, 08458 Sant Pere de Vilamajor (Barcelona) and holder of CIF number A-08720245 and registered in the Commercial Register of Barcelona, Volume 5143, Sheet 66, Page 62521 (hereinafter, “PICART”).

  1. PURPOSE AND SCOPE OF APPLICATION

These general terms of use of the Website (hereinafter, the “Terms of Use”) constitute, together with the Privacy Policy and the Cookie Policy, the set of rules that regulate the use of the Website, as well as the relationship between PICART and Users. These Terms of Use specifically regulate the rules to be respected and complied with while using the Website, therefore, the User is recommended to read these Terms of Use carefully before browsing the Website.

These Terms of Use will always be available to Users on the Website in English so that they can consult, file or print them whenever they wish.

The Terms of Use, as well as the Privacy Policy and the Cookies Policy have been drafted in accordance with the provisions of the current regulations applicable to the Internet, consumers and users, electronic commerce and data protection, among others, Law 34/2002, of Services of the Information Society and Electronic Commerce, organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April, on the protection of natural persons with regard to the processing of personal data and repealing Directive 95/46/EC.

  1. ACCESS TO THE WEBSITE

By accessing the Website you become a user (hereinafter, the “User”). The User may freely browse the Website and access it as many times as he/she wishes. Access to the Website is free of charge except for the part relating to the cost of the connection through the telecommunications network supplied by the Internet access provider that the User has contracted.

By accessing the Website and browsing it, the User declares that he/she is of legal age and has the necessary legal capacity to browse the Website, as well as to fully understand and accept these Terms of Use.

  1. TERMS OF USE OF THE WEBSITE

As a User you agree to use the Website in accordance with these Terms of Use, good faith and current legislation. You also declare and ensure that you are of legal age and understand these Terms of Use. Any fraudulent, abusive, illicit or other use of the Website and its functionalities that is contrary to good faith by the User is strictly prohibited.

In any case, the User must refrain from:

  1. Reproducing, distributing, publicly communicating, transforming or modifying the Website or any of its contents, including these Terms of Use, regardless of the purpose of such use, without prior written permission from PICART.
  2. Placing on the Website or its network data programs that may cause damage to PICART computer systems, its suppliers or third parties.
  3. Carrying out any type of activity that is illicit, fraudulent, contrary to these Terms of Use, current legislation and/or good faith or that prevents and/or hinders the correct use of the Website or its contents.
  4. Placing on websites, platforms, forums, chats, blogs or other social networks any type of link that allows linking or reproducing the Website or its contents on such websites, platforms, forums, chats, blogs or social networks unless the link only links directly to the home page of the Website without being able to reproduce it in any way.
  5. Linking or reproducing the Website or its contents from websites, platforms, forums, chats, blogs or social networks that are against the law, offensive or violatory to human dignity, contrary to fundamental rights or PICART itself and / or are likely to be considered criminal.
  6. Placing and/or disseminating content on the Website that violates human rights and human dignity, such as racist, xenophobic, pornographic content or content that advocates terrorism.

 

  1. PERSONAL DATA PROTECTION AND COOKIES

As established in our Privacy Policy, PICART undertakes to treat the data of Users while always respecting their confidentiality and to use them in accordance with the purposes for which they are held, as well as to comply with its obligation to save them and adapt all necessary measures to prevent alteration, loss, treatment or access by unauthorised third parties in accordance with the provisions of current legislation concerning the protection of personal data.

To find out more about how we treat your personal data, please read our Privacy Policy and our Cookie Policy.

  1. LIABILITY REGIME

The User must use the Website and its contents in accordance with the provisions of these Terms of Use, current legislation and good faith. Any use of the Website or its contents contrary to these Terms of Use, the law or good faith is expressly prohibited, regardless of whether or not such use has an economic purpose.

The User shall be liable for any damage or harm caused to PICART or third parties arising directly or indirectly from any use that the User makes of the Website or its contents contrary to these Terms of Use, the law, morality, public order or good faith.

PICART requires services provided by third parties to make the Website and its content accessible. It is possible that despite the efforts made by PICART to keep the Website available and accessible, it may be suspended, interrupted or cancelled for reasons beyond PICART’s control. Therefore PICART does not guarantee the absence of interruptions or errors in accessing the Website or its content, nor that it is updated at all times or shown in its latest version. Consequently, PICART disclaims any liability for damages that may arise to the User as a result of the suspension, interruption, lack of continuity, network failure or disconnection of the Website.

In no case and under no circumstances shall PICART be liable for any damages or losses incurred to the User for reasons not attributable to PICART such as, but not limited to, natural disasters, situations of force majeure or extreme urgency, viruses, harmful components, malfunctioning of the browser, network crashes, computer intrusions or attacks by third parties.

  1. INTELLECTUAL & INDUSTRIAL PROPERTY RIGHTS

The Website and its content are subject to protection in accordance with current legislation on Intellectual and Industrial Property. PICART is the owner or has duly licensed all rights of Intellectual and Industrial Property on the Website and its content.

Any form of reproduction, distribution, public communication, transformation, making available and, in general, any other act of exploitation, whether or not for commercial purposes and / or onerous or free of charge of the Website or its contents, without the express prior consent of PICART is prohibited.

PICART reserves all Intellectual and Industrial Property rights over the Website and its content. Under no circumstances does accessing or browsing the Website a transfer of any kind by PICART of the Intellectual or Industrial Property rights of the Website and its content.

By reproducing, disseminating, publishing, sharing or sending any content on or through the Website, the User guarantees PICART that he/she is the legitimate owner of the content or that he/she holds the image rights, Intellectual and/or Industrial Property or any other rights necessary for its use, reproduction and public communication on the Website. Likewise, by reproducing, disseminating, publishing, sharing or sending any content, regardless of its nature or content, on or through the Website, you grant PICART, free of charge, non-exclusively, worldwide, until the works enter the public domain and irrevocably, all rights of exploitation of intellectual property in all its forms, including the right to sublicense such rights to third parties.

  1. LINKS

The websites, platforms, forums, chats, blogs or social networks that link or link to the Website must clearly inform that they do not have the authorization or supervision of PICART and that such link does not entail or imply any association of any kind between PICART and the websites, platforms, forums, chats, blogs or social networks that link to the Website.

In any case, any link to the Website must go directly to the home page of the Website by clicking on the URL address of the website and encompassing the entire screen of the Website’s home page.

PICART is not responsible in any case and under no circumstances for the content, information or data relating to the Website, its content or any other matter contained in websites, platforms, forums, chats, blogs or social networks that link to the Website.

PICART is not responsible in any case and under no circumstances for the content, information or data relating to the Website, its contents or any other matter contained in websites, platforms, forums, chats, blogs or social networks that link to the Website.

It is expressly forbidden to link to the Website from websites, platforms, forums, chats, blogs or social networks that are contrary to the law, morals and good customs, especially those with pornographic, illicit, illegal content or content that infringes on human rights.

  1. DURATION AND MODIFICATION OF THE TERMS OF USE

The present Terms of Use will be in force for the time that they are available to the Users of the Website, so that as soon as they are modified or updated totally or partially, the present Terms of Use will stop being in force, making them the new Terms of Use as they regulate the use of the Website and the relation between PICART and Users.

PICART informs Users that these Terms of Use may change over time. Thus, PICART reserves the right to modify these Terms of Use when necessary as a result of changes in the Website; modifications to PICART at corporate level; economic, operational or business circumstances or changes in the PICART business model and/or legislative or jurisprudential developments. In case of modification of the present Terms of Use, PICART will warn the Users on the home page of the Website of the above-mentioned circumstance so that the Users are properly informed and can check the revisions, modifications or updates to their entire satisfaction.

  1. USER SERVICE

PICART has made a contact form, the contact telephone number 938 45 01 21 and the e-mail address picart@picart.es available to Users through the Website so that they can contact PICART to solve any problem or doubt they may have.

  1. JURISDICTION AND APPLICABLE LAW

These Terms of Use together with the Privacy Policy and the Cookies Policy are governed by the Spanish regulations in force at any given time. In case of controversy, both parties will submit to the jurisdiction that corresponds to the User according to the applicable regulations for the resolution of conflicts.

  1. GENERAL INFORMATION

In no case and under no circumstances shall the failure of PICART to exercise its rights be construed as a waiver of such rights.

The headings contained in these terms are for guidance or information purposes only and do not affect, qualify or extend the interpretation of these terms.

In the event that any of the clauses contained in these Terms is declared null, abusive or inapplicable, in whole or in part, by a judicial or administrative body, said declaration will affect the clause in question individually, and the clause will be deemed not to have been included and the declaration of nullity, abuse or inapplicability will not be extended under any circumstances to the rest of the Terms, which will remain in force.

Latest version: 21st December 2020.

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