TERMS AND CONDITIONS
In compliance with Law 34/2002, of 11th July, on Information Society Services and Electronic Commerce (Servicios de la Sociedad de la Información y de Comercio Electrónico), we hereby provide users with the following information:
opticalmetalcraft.com is a website owned by the company Optical Metalcraft Eyewear, S.L.
Optical Metalcraft Eyewear, S.L. has its registered office in Barcelona (Spain), and its contact email address is .
Optical Metalcraft Eyewear, S.L. is registered in the Commercial Registry (Registro Mercantil) of Barcelona, with tax identification number B66745027.
This website has been created and designed so that all Internet users are made aware of the corporate and commercial information of Optical Metalcraft and may obtain general access to said information.
The general terms and conditions included in this legal notice govern the use of www.opticalmetalcraft.com website (hereinafter, Metalcraft, Web or Website). By merely browsing and/or using the Website, you acquire the condition of user, and you agree to be legally bound by these terms and conditions.
USE OF THE WEBSITE
The user of the Website (hereinafter, the User) undertakes to make an appropriate use of the Website and all its contents and services, complying at all times with the applicable regulations and property rights of Metalcraft.
The User will exclusively use the services and contents for particular purposes. It is not permitted the use of any kind or type of resource by which the Users or any third party may benefit, with or without profit, of the contents and other formal expressions that are part of the Website.
It is prohibited to commit any actions that could: (i) harm or produce alterations to the contents of the Website; (ii) prevent Users or create obstacles for Users when accessing the Website; (iii) create access in a non-authorized manner to Website contents or services; (iv) spread computer viruses or malicious software that can affect the Website or its Users; or (v) make the Website a way to access the Internet in order to commit illicit acts.
The User will be liable for any losses and damages that Metalcraft may suffer direct or indirectly as a consequence of the infringement of any obligation resulting from the general terms and conditions, relating to the use of the Website as well as any particular conditions that may be established in each case. Moreover, the User will keep Metalcraft harmless vis-à-vis any sanction, complaint or lawsuit that may be filed by any third party against Metalcraft, including whatsoever public bodies, its employees or agents as a consequence of the infringement of whatever third party rights by the User abovementioned during the access to the Website.
In the event that any User or third party considers that there are facts or circumstances that reveal the illegality of the use of any content and/or of the performance of any activity under the Website or accessible through the Website, the User shall send a notification to Metalcraft.
The user acknowledges and agrees that in connection with his/ her use of this website and services he/ she must: (a) provide for his/ her own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for him or her to make such access and connection to the World Wide Web, including a computer, software, a modem and a means of connecting to or accessing the Internet. Metalcraft shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from the user’s use of the website.
INTELLECTUAL AND INDUSTRIAL PROPERTY
This Website contains trademarks, patents, copyrights and other industrial or intellectual property rights owned by Metalcraft or by third-party collaborators who have authorized their use on the Website. The visit of a User to the Website does not confer any right or license over the abovementioned intellectual or industrial property rights.
The designs, texts, images, pictures, maps, software and all its various source codes and other integrating elements of the Website are, save as otherwise indicated, owned by Metalcraft, which legitimately holds exclusive exploitation rights. Under no circumstances, the User shall copy, modify, distribute, transmit or duplicate these rights without the express consent of the owner.
Metalcraft makes its best efforts to keep the Website in good working order, prevent errors or remedy them, if they arise, amend them, and keep the contents of the Website up-to-date. However, Metalcraft does not warrant the availability or continued access to the Website, that there are no errors in its contents or that its contents are up-to-date.
Metalcraft reserves the right to change, delete or update the information included in the Website, as well as its layout or presentation, at any time, without giving prior notice.
Metalcraft shall only be liable for damages that the User may suffer as a result of using the Website when such damages are attributable to a willful misconduct of Metalcraft. The User acknowledges and agrees that the use of the Website, as well as the acceptance of the services offered on the Website, is carried out on the User’s own risk and liability.
Metalcraft shall comply with security measures generally adopted in the sector to ensure the confidentiality and security of the use of the Website. However, Metalcraft shall not ensure that unauthorized third parties may have knowledge of the characteristics and circumstances of use of the Website. Metalcraft shall act diligently according to generally accepted practices in order to avoid viruses or other harmful elements that may cause alterations in the computer system, electronic documents or files. However, Metalcraft shall not ensure the absence of such elements, and shall not be liable for the losses and damages which may arise the therefrom.
Metalcraft has no control over other websites linked by it and their content, and it will not be liable for damages arising from the access and use of those websites. The inclusion of links or hyperlinks does not imply any association or involvement of Metalcraft with the linked websites.
PERSONAL DATA PROTECTION
Metalcraft guarantees the complete fulfilment of the stipulated obligations, as well as the implementation of the security measures stipulated in Article 9 of the Personal Data Protection Act 15/1999 (hereinafter referred to as LOPD) and in its implementing Regulation approved by Royal Decree 1720/2007 on 21 December.
MODIFICATION OF THESE CONDITIONS
The Foundation may modify these conditions of use any time, and it will publish the new conditions of use on the website so that the user may review them before using the website. Using the website once the conditions of use are modified implies the user’s acceptance of any modifications to these conditions.
GOVERNING LAW AND JURISDICTION
The provisions of these conditions of use will be governed by and construed in accordance with Spanish law, and any dispute will be submitted to the courts of the city of Barcelona.