GENERAL TERMS AND CONDITIONS
1. Identification data of the holder
These general terms and conditions of sale comprehensively regulate all the Services that can be offered, provided or performed from the online commerce Web Space located on the website: https://www.laguatero.com of which it is holder L'Aguatero OÜ and its subsidiaries (hereinafter, collectively, “L'Aguatero”, “we”, “our” or “us”). L'Aguatero is a Limited Liability Company registered in: Tartu County Court with Registration No.: 16593976, with VAT Number: EE102553565 and tax address at: Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, Postal Code: 11415, Estonia.
The L'Aguatero Service provides creatives, designers, and vendors (collectively, "vendors" or "associates") with the ability, ability, and means to define, create, and sell tangible, physical, and digital products (collectively, "Merchandise"). " or "product") through stamping, lettering or engraving of a wide selection, variety and typologies of articles for different purposes and uses, with optimized visual elements of great quality, originality and style. To customers and consumers (collectively, "buyers" or "User") we offer the ability to find, buy and enjoy exclusive products of certified quality and high performance. All visitors to the L'Aguatero Service, viewers and buyers are referred to in this context as "You".
We offer Products and Services through L'Aguatero subject to the following Terms and Conditions of Service, specifically including L'Aguatero 's Privacy Policy and Acceptable Use Policy. If you do not agree with these Terms and Conditions of Service, you are not authorized to use the Services offered in the L'Aguatero Web Space, nor can you purchase any of our products through this platform.
Please note that these Terms and Conditions of Service apply to all of our products and Services. If we include any additional terms for the Service tools or other Services you may use, those provisions will be incorporated into these Terms and Conditions of Service with each revision and update to these Terms and Conditions of Service.
At L'Aguatero we offer our associates the ability and the means to provide any type of visual element admitted, in order to form specific collections of products (collectively, "Collection" or "Category"), with which to create and sell personalized tangible and digital products. Access to this Service implies the acceptance and fulfillment of specific obligations established in the Commercial Policy and the Terms and Conditions of Service established by L’AGUATERO.
*Please note that if you are located outside of Europe (including the UK), sections marked with an asterisk (*) do not apply to your use of the L'Aguatero Service. Please see the Additional Terms and Conditions of Service for European Users below for additional terms that apply to your use of the L'Aguatero Service.
These terms and conditions may be modified by L'Aguatero at any time, the user being informed of the existence of any new version of these that contains changes that are substantial.
2. Use of L'Aguatero Services
Access to the L'Aguatero Portal is free and attributes the condition of User to whoever does so, regardless of the subsequent use of the Services offered.
Some of the functions available in the L'Aguatero Service require prior registration. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and personal information about you is governed by our Privacy Policy.
The User must register in order to buy in our store, having to proceed to fill in a form, which will entail assigning personal credentials made up of a unique identifier (which will be the email address) and a password, whose conservation and custody It will depend exclusively on the User, who must operate with them with due diligence. Therefore, it will not use passwords other than its own, in order to impersonate other Users in the use of www.laguatero.com Services.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if applicable, and are fully responsible for any and all activities that occur under your password or account. Please notify L'Aguatero immediately of any unauthorized use of your password or account or any other breach of security. L'Aguatero reserves the right to cancel accounts and/or Collections that are inactive for twelve (12) months or more.
Prohibition of Multiple Member Accounts: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account, you may request an exception to this policy by contacting L'Aguatero sending an email to: att cliente@laguatero.com .
Misuse of Member Account: If you upload excessive amounts of data, engage in fraud or other illegal activity, violate the rights of third parties, fail to comply with the Terms of Service or any other L'Aguatero POLICY, we may, at our sole discretion, restrict or terminate your account and/or retain and disburse any product associated with that account.
Social network Services: You can access certain third-party Services such as collaborating companies such as Service providers, or social networks, such as Facebook or access certain functions of the L'Aguatero Service through. By directly integrating or linking these Services into L’AGUATERO, we make our visitors' online experiences and accessibility richer, more powerful, and more personalized. To take advantage of these features and capabilities, your Service provider or L'Aguatero may ask you for security to authenticate, register, or log in to those Social Networking Services.
As part of such integration, we may provide some information that the user has provided to us such as recipient name, delivery address and payment method, and these may provide us with access to certain information that you have provided to said Services such as preferences. and contact hours, and we will use, store and disclose such information as long as it is strictly necessary in accordance with our Privacy Policy.
Please remember that L'Aguatero has no control over how Third-Party Services use, store and disclose your information. Within our capacities and competencies, we make sure to collaborate with entities, organizations and companies committed to the protection of the personal data of our associates, clients and users. Still, review the policies independently to understand the privacy-related practices in each case. L'Aguatero also has no control over the content available through any Third-Party Services. Please review the specific policies in this regard to understand each party's practices related to content. L'Aguatero has no responsibility for the acts or omissions of any Third-Party Services accessed through the L'Aguatero Service, we enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Promotions: Any contest, sweepstakes, survey, game, or similar promotion (collectively, "Promotions") made available through the L'Aguatero Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will be bound by those rules. To the extent that the Terms and Conditions of the Promotion rules conflict with these Terms of Service, the Promotion Terms and Conditions shall control.
3. The user
The access, navigation and use of the Website, confers the condition of User, for which all the Conditions established here, as well as their subsequent modifications, are accepted from the moment the navigation through the Website begins, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
· Make use of this Website only to make legally valid inquiries and purchases or acquisitions.
· Do not make any false or fraudulent purchase.
· Provide truthful and lawful contact information, for example, name(s) and surname(s), email address, postal address and/or other data.
· The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed at offering its products and Services to Users residing in any country in the world. It is founded with adjustment and according to the legislation of Estonia and the European Union where its headquarters are located. L'Aguatero does not ensure that the Website complies with the laws of other countries, either totally or partially.
4. Applicability of the general conditions
These conditions apply to all quotes, offers, activities, agreements and deliveries of products by or on behalf of L’AGUATERO. Deviation from these conditions is only possible if the parties have explicitly agreed to this in writing.
5. Object
These conditions will regulate the use of the website www.laguatero.com that L'Aguatero makes available to its users and customers. The purchase at www.laguatero.com can be made from any geographical point on the planet where there is access to internet networks.
The products that L'Aguatero sells through its website, under the Conditions Policy, specifications and the L'Aguatero BRAND, are mainly:
· Fashion items, clothing, clothing accessories and other related textile derivatives.
Products designed, defined and developed under the Terms and Conditions Policy of L'Aguatero are also marketed on the L'Aguatero website, among which are:
· Decorative elements, gift and commemorative objects.
· Office gadgets, office automation and stationery.
· Advertising products, marketing and for the promotion of products or Services.
· Goods for disclosure of brand image and corporate identity.
and others related to those mentioned above.
These General Conditions have been prepared in accordance with the provisions of Law 34/2002 on Services of the Information Society and Electronic Commerce, and Royal Legislative Decree 1/2007, of November 16, which approves the text Consolidation of the General Law for the Defense of Consumers and Users and other complementary laws, all of them mandatory legal provisions.
L'Aguatero may modify them without prior notice, so that it recommends a periodic consultation of them, even more so when it is ready to make effective use of its online store located on the web www.laguatero.com. However, L'Aguatero always undertakes to keep them updated, to publish the latest version and to allow access and printing at any time.
6. Applicable laws
In relation to your use of the L'Aguatero Service, you will comply with all applicable laws, regulations and standards of the different types of industries, markets and businesses involved in our activity.
7. Age requirements
The acquisition of the products in www.laguatero.com can only be made by users over eighteen (18) years of age, who must follow the steps and instructions that will accompany the entire purchase process, consisting of, by way of example:
· Completion of the registration form or the identification form of previously registered users.
· On-screen display of the order summary, delivery conditions and shipping costs – if applicable.
· Acceptance of purchase conditions, which implies the reading, understanding and irrevocable acceptance of each and every one of these General Conditions, as well as, where appropriate, of the existing Particular Conditions.
· Acceptance and immediate receipt of the summary email in the account used in the registration or – failing that – in the shortest possible time and always before the following twenty-four hours.
If you are under the age of 16, you are not authorized to use the Service. If you are under the age of 18, you may use the L'Aguatero Service only with the approval of your parent or guardian.
8. Communications
As a buyer or seller, customer or user, you agree that we may communicate with you electronically regarding security, privacy, administrative and business issues related to your use of the L'Aguatero Services. If we become aware of a security system breach, we may attempt to notify you electronically by posting a notice on the L'Aguatero Service or by sending you an email. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (i.e., to withdraw your consent to receive electronic notice), please notify us at privacy@laguatero.com .
General practices and instructions on use: You will comply with the instructions provided by L'Aguatero in connection with your use of the Services it provides. L'Aguatero may establish general practices and limits on the use of the Services, we reserve the right to change instructions, general practices and limits at any time, at its sole discretion, with or without prior notice.
9. Sellers: Create and implement Product Collections
The L'Aguatero Service will allow people, creatives, designers and sellers to contribute graphic elements, designs or sketches of which they are copyright holders in order to create specific categories of personalized products and sell said products, tangible and/or through these Collections in our Web Space/eCommerce. L'Aguatero will act as a platform for the management and sale/commercialization of the products derived from the collections made up of the designs provided by our users and associates.
Requirements and responsibilities: Given an agreement between the parties for the management and commercialization of personalized products created from author designs, specific conditions related to the start of any commercialization operation are established. Any collection or category violates these Terms of Service, we may choose to cancel, delay or modify the same at our discretion. More information on the L'Aguatero Frequently Asked Questions PORTAL.
Implement a Collection : By contributing visual elements for the purpose of creating specific categories through the L'Aguatero Service , the seller or associate represents and warrants that they are the owner or licensee of all copyrights to the image, trademark, and that you also own the rights of publicity and other intellectual property or proprietary rights necessary to use said element in the creation and implementation of a category, including the rights related to the name, description, images, text or URL used for provide visual elements in order to create specific categories. The vendor or associate will provide L'Aguatero with evidence of their Marketing Rights upon request.
If applicable, this party does not claim any ownership rights over the content provided through the L'Aguatero Service. L'Aguatero has no responsibility or liability for the deletion or lack of storage space of any content or information uploaded to the L'Aguatero Service. Be sure to keep copies of all your work.
L'Aguatero retains all ownership rights in any designs created by L'Aguatero designers that you may not use, except in connection with your Collections on the L'Aguatero Service, with express written consent L'Aguatero Service.
For the purpose of implementing and fulfilling its Collection and for the purpose of advertising the L'Aguatero Service in any medium L'Aguatero chooses, the seller or associate grants L'Aguatero a non-exclusive, worldwide, fully paid, transferable license and sublicensable under its Collection. Rights to copy, display, distribute, modify the content you upload to the L'Aguatero Service (including all related images, text, content and information).
L’AGUATERO, at its sole discretion, may make promotional offers with different characteristics and different prices to any of the L'Aguatero SELLERS. These promotional offers, unless made directly to you and personalized to you, will not apply to any person or these Terms. For example, L'Aguatero may make available to sellers or associates different file types of digital products, visuals, and collections that reach a certain level of sales.
Acceptable Use: Your affiliation with the L'Aguatero Service, including the creation and implementation of product collections, is subject to these Terms of Service (including our Acceptable Use Policy).
Organizations: If as a vendor or associate you are or may be subject to the rules and regulations of any other association, group, authority or organization, you represent and warrant that you have checked the appropriate regulations and policies to certify and confirm that your participation in L'Aguatero it does not or will not affect your current or future eligibility with respect to such association, group, authority or organization.
Indemnification : To the extent that any Collection released on behalf of any seller or associate, user or customer through L'Aguatero violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other recourse, the represented parties accept and assume that L'Aguatero has the right to retain and redirect the funds collected in connection with the listing, which funds will be disbursed according to the internal policies of L'Aguatero (for example, L'Aguatero may give the funds to a charity where a listing falsely states that it is raising funds for that charity, or L'Aguatero may apply such funds to any lawsuit or settlement, and/or the reimbursement of L'Aguatero 's expenses , resulting from a third party's claim of infringement) and to control the defense or settlement of any claim or lawsuit resulting from such infringement or alleged infringement; agreeing to cooperate fully with L'Aguatero in such activities. Without limiting the foregoing, you also agree to indemnify and hold L'Aguatero harmless from all liability, loss, damage and expense arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
Quality of Illustrations and Promotions - Each Collection must meet reasonable production standards (for example, a Collection may not include a low-quality image that does not print well). All of your advertisements or promotional descriptions, including content uploaded to the L'Aguatero Service, must be accurate and correct and must not include any content related to non-L'Aguatero activities, events, products, Services or promotions.
Collection Income: If you contribute visual elements to create a Collection of Products through the L'Aguatero Service, L'Aguatero will charge you a "set percentage" for each product sold in which the contributed visual element is used, made available for makeup Collection. The associate, user or person who provides the visual element will be responsible for setting the price of the visual elements provided, on the other hand, L'Aguatero is responsible for setting the price to be charged to consumers for the product ready for purchase. Once the products are sold, you will get the estimated percentage calculated between the production base price, the value of the visual element contributed and the sale price, less returns. Disbursement of accumulated benefits will be made annually or as agreed individually. You can request eventual and exceptional payment outside the established period through the established channels at any time. You are solely and fully responsible for the payment of any income tax applicable to the amounts you earn through the L'Aguatero Service. Before receiving a payment, you may be required to provide additional information to L'Aguatero as needed to fulfill its reporting obligations.
Partnership Disputes – If you work with other people in your Collection and there is a dispute between you and your partners, even if L'Aguatero receives notice of the dispute, L'Aguatero has the right to make payments and contact the original registrant. Alternatively, L'Aguatero may withhold payments until the dispute is resolved, at L'Aguatero 's sole DISCRETION.
Charities/Fundraising: As a seller or associate, you represent and warrant that any Collection created with an explicit or implicit relationship with a charity or fundraising effort is licensed by such charity or fundraising effort, and is You will ensure that your Collection description clearly and accurately states the percentage of profits to be donated and to whom that proceeds will be donated.
Right to Lower Sales Target: As a vendor or associate you have the right and duty to estimate or set the “sales target” for each product. As a seller or associate you agree that L'Aguatero may, in its sole discretion, begin fulfilling orders before your sales goal is reached.
10. Orders
No valid order can be made without expressly accepting, through the boxes provided for this purpose, the Terms and Conditions and the Privacy Policy of L’AGUATERO.
All orders will be considered offers to purchase subject to these Terms and Conditions.
L'Aguatero reserves the right to accept them if the requirements set forth therein are not met.
Once an order has been placed, the system automatically generates a confirmation of its receipt.
However, this confirmation does not imply automatic acceptance of the order, given that L'Aguatero reserves the right to collect additional information related to identity and address to guarantee both a correct delivery of the order and to ensure the absence of transaction-related fraud.
Orders can be placed 365 days a year, at any time, except when the Service is suspended for maintenance or due to other commercial circumstances and/or force majeure.
Any order is subject to the availability of product support. In the event that it is not possible to deliver an order due to supply problems or insufficient stock, the user will have the option of waiting until the product is available or canceling the order with the subsequent refund of the amount paid.
The acquisition of products on www.laguatero.com for subsequent distribution or resale, either in public establishments or in the domestic sphere, is not permitted. L'Aguatero will regulate and authorize the necessary permits if at any time it consents, for which it will reliably notify said authorization to the authorized agent.
11. Delivery
The delivery will be considered to have occurred or been completed at the moment in which the user or a third party indicated by him acquires the material possession of the products.
The delivery time for the order will vary depending on the shipping method selected and will be indicated on the website once the order confirmation is obtained, in any case, it will not exceed 30 days from the date of the order confirmation. In the event that the delivery date cannot be met, we will inform the user of this circumstance and they will be offered the option of continuing with the purchase by setting a new delivery date or the possibility of canceling the order obtaining a full refund of the price paid.
If the recipient is absent at the time of delivery, the delivery person or postman in the area will leave a notice so that the shipment can be picked up at the place and within the time indicated. Once the period has elapsed without the collection taking place, the shipment will be returned to L’AGUATERO.
12. Price and payment
It is understood that the price of each product is the one that will appear on the website at the time of placing each order. The user must pay the marked price, including applicable taxes, along with shipping costs, which will be added to the final price to be paid as the case may be.
Prices can be modified by L'Aguatero at any time and without prior notice without affecting orders already confirmed. However, even confirmed, L'Aguatero will not be obliged to attend orders when the price is incorrect, especially when the error is manifest and easily recognizable.
The accepted means of payment are:
· Payment by credit or debit card. We reserve the right NOT to accept certain payments with certain credit cards.
· Payment through PayPal. Payment is made through the platform or gateway enabled by PayPal for the payment of goods or Services.
· Bank transfer. Exclusive for large volume orders (+50 units)
· Cryptocurrency. This payment method will be available according to geographical area, accessibility and local regulations regarding the use of cryptocurrencies.
L'Aguatero reserves the right to change the payment methods, being able to create new ones or eliminate any of the existing ones, without the user/customer of www.laguatero.com being able to make claims for this reason. However, if the change in the payment method affects an order already placed, from www.laguatero.com we will contact the customer to inform him of said change, offering him the option of canceling the order if he deems it convenient.
Payment by credit/debit card: The charge is made online, that is, in real time, through the payment gateway of the corresponding financial institution and once it has been verified that the data communicated is correct.
Secure payment: In order to provide maximum security to the payment system, www.laguatero.com uses secure payment methods and systems provided by leading financial entities in electronic commerce. In this sense, confidential data is transmitted directly protected with 256-bit encryption protocols (SSL) to the corresponding financial institution.
The SSL encryption system that is used gives total security to the transmission of data through the network. The client's data enjoy total confidentiality and protection. Credit card information is not recorded in any of our databases. They are only used in the virtual POS (Point of Sale Terminal) of the L'Aguatero financial INSTITUTION, through its Secure Payment Gateway. Credit cards will be subject to checks and authorizations by the issuer of the same, but if said entity does not authorize the payment, L'Aguatero is not responsible for any delay or non-delivery and will not be able to formalize any Contract with the client.
L'Aguatero reserves the right to verify the personal data provided by the customer and take the measures it deems appropriate (including the cancellation of the order) so that the Product purchased is delivered in accordance with the data contained in the order.
Payments with PayPal are made directly on the PayPal website, following the conditions of use established by PayPal. In the case of not paying the order within one hour, L'Aguatero will consider the order cancelled.
13. Right of withdrawal
The User has the right to withdraw from the contract concluded through www.laguatero.com within a period of 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired and confirmed the material possession of the goods purchased in L’AGUATERO.
To exercise the right of withdrawal, the User must notify L'Aguatero of their decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). The User may use the withdrawal form model that is included at the end of these conditions, although its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by the User of this right is sent before the corresponding period expires.
In case of withdrawal, L'Aguatero will return all payments received from the User, including delivery costs (with the exception of additional costs resulting from the User's choice of a delivery method other than the least expensive delivery method). offered) without any undue delay and, in any case, no later than 14 calendar days from the date on which the User informs L'Aguatero of his decision to withdraw from the contract.
L'Aguatero will proceed to make said reimbursement using the same means of payment and channel used by the User for the initial transaction, unless the User has expressly provided otherwise; in any case, the User will not incur any expenses as a result of the reimbursement.
L'Aguatero may retain the reimbursement until the goods have been received, or until the User has presented proof of their return, depending on which condition is met first.
The User must return or deliver the goods directly to L’AGUATERO, without any undue delay and, in any case, no later than 14 calendar days from the date on which they notify us of their decision to withdraw from the contract in the address of L'Aguatero indicated at the beginning of these Conditions. The term will be considered met if the User returns the goods before said term has expired. The User must bear the direct cost of returning the goods.
The User will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
It is specified in this document that any of the Products not sealed after delivery or that may be returned for sanitary reasons or health protection purposes, will not be subject to withdrawal (including, without limitation, any Products of beauty care if its cap or closure is removed).
The right of withdrawal will not be applicable to contracts that refer to:
· The supply of goods whose price depends on financial market fluctuations that L'Aguatero cannot control
· The supply of goods made according to the specifications of the consumer and user or clearly personalized.
· The supply of goods that can deteriorate or expire quickly.
· The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
· The supply of goods that after delivery and taking into account their nature has been mixed inseparably with other goods.
· The supply of products whose price has been agreed upon at the time of signing the sales contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that L'Aguatero cannot control.
· Contracts in which the consumer and user have specifically requested L'Aguatero to visit them to carry out urgent repair or maintenance operations.
· The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
· The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
· The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user, with the knowledge on their part that they consequently lose their right of withdrawal.
You can access the withdrawal document through this link to the form. Please download it, print and carefully fill in all the data and send it through any of the channels indicated above.
14. Warranty
In accordance with the General Law for the Defense of Consumers and Users of the regulation (EU) 2017/2394 of the European Parliament and of the Council, issued on December 12, 2017 and other complementary laws, L'Aguatero offers on all its products a guarantee of two (2) years from its delivery and we will proceed, as appropriate, to repair, replace, reduce the price or refund the amount of the product. If you have to make a warranty claim, please contact us through the means of contact provided above. This warranty does not cover possible breakage or wear caused by use. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
15. Customer Service
L'Aguatero has a customer Service so that the User can manage their claims, doubts, or can request guarantees and execute the right of withdrawal. The User can address their complaints, claims or requests for information to the L'Aguatero Customer Service, using any of the following ways:
· L'Aguatero Customer Service, at: attCliente@laguatero.com
· Filling out the form available in the “Customer Service” section
All doubts and especially complaints and suggestions will be dealt with as quickly as possible, without exceeding in any case the deadlines established by current legislation.
Likewise, you will have proof of them by delivering a written receipt, on paper or on any other durable medium.
16. Cookies
The company reserves the right to use "cookie" technology in the Web Space, in order to recognize you as a frequent User and personalize your use of the Web Space by pre-selecting your language, or more desired or specific content.
Cookies are files sent to a browser, through a Web server, to record the User's navigation in the Web Space, when the User allows their reception. If you wish, you can configure your browser to be notified on the screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for further information.
Thanks to cookies, it is possible that the browser of the computer used by the User can be recognized in order to provide content and offer the browsing or advertising preferences that the User, to the demographic profiles of the Users, as well as to measure the visits and traffic parameters, monitor the progress and number of entries.
17. Personal data protection
L'Aguatero , is responsible for the processing of the User's personal data and informs you that these data will be processed in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of the digital rights and Regulation (EU) 2016/679 of April 27, 2016 (RGPD) regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data, for which you are provides the following treatment information:
18. Purpose of the treatment
Establish and maintain a business relationship with the User.
19. Data collected
The personal data collected on this site are the following:
- Opening of the account: when creating the user's account, his name, surname, telephone number, postal address, Delivery address
- Login: when the user connects to the website, he registers, in particular, his last name, first name, access data, usage data, location and payment data.
- Profile: the use of the Services provided on the website allows you to enter a profile, which may include an address and a telephone number.
- Payment: As part of the payment for the products and Services offered on the website, financial data relating to the user's bank account or credit card is recorded.
- Communication: When the website is used to communicate with other members, data relating to the user's communications is temporarily stored.
- Cookies: Cookies are used when you use the site. The user has the possibility of deactivating cookies from the configuration of his browser.
20. Use of personal data
The purpose of the personal data collected from users is to make the Services of the website available to them, improve them and maintain a secure environment. More specifically, the uses are as follows:
· Access and use of the website by the user.
· Management of the operation and optimization of the website.
· Organization of the conditions of use of payment Services.
· Verification, identification and authentication of the data transmitted by the user; proposal to the user of the possibility of communicating with other users of the website.
· Implementation of user assistance.
· Personalization of Services by displaying ads based on the user's browsing history, according to their preferences.
· Prevention and detection of fraud, management of malware (malicious software) and security incidents.
· Management of possible conflicts with users.
· The sending of commercial and advertising information, according to the user's preferences.
21. Sharing personal data with third parties
Personal data may be shared with third parties in the following cases:
· When the user uses the payment Services, for the implementation of these Services, the website is in contact with third-party banking and financial entities with which it has entered into contracts.
· When the user posts publicly accessible information in the free comment areas of the website.
· When the user authorizes a third-party website to access their data; when the website uses the Services of third Service providers to provide user support, advertising and payment Services. These Service providers have limited access to the user's data, in the context of the provision of these Services, and are contractually obliged to use them in accordance with the provisions of the applicable regulations on the protection of personal data.
· If required by law, the Website may transmit data in order to file claims against the Website and to comply with administrative and judicial procedures.
22. Security and confidentiality
The website applies organizational, technical, software and physical measures in digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Website cannot guarantee the security of the transmission or storage of information on the Internet.
23. Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending their request to the following address: Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 2a, Postal Code: 11415, Estonia, or email: ettCliente@laguatero.com .
24. Right to withdraw consent at any time
Right of access, rectification, portability and deletion of your data and the limitation or opposition to its treatment.
Right to file a claim with the control authority (www.aepd.es/es) if you consider that the treatment does not comply with current regulations.
25. Contract language
These general conditions of sale are written in Spanish. In the event that they are translated into one or more foreign languages, the text in Spanish will prevail in case of litigation.
26. Applicable legislation
These General Conditions are governed by the general regulations of the EU for retail trade through digital platforms. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's domicile.
27. Intellectual Property Complaints
Claims of Infringement Between L'Aguatero USERS, Waiver of Claims: As a condition of using the L'Aguatero Service, you agree to bring any and all claims of infringement against users of L'Aguatero (so-called "Claims of Infringement"), (copy") in accordance with the Rules of L’AGUATERO. existing policies and procedures governing such claims. You further agree, as a condition of using the L'Aguatero Service, to waive any claim against L'Aguatero arising from alleged infringement by you or another L'Aguatero USER. In addition, you understand that L'Aguatero may disclose your contact information to any L'Aguatero User who successfully alleges a violation of their rights under this section.
Claims of Infringement by Third Parties: L'Aguatero takes any allegation of infringement very seriously. If L'Aguatero receives any complaint or allegation that you’re listing or any resulting Merchandise constitutes an unauthorized use of a third party's rights, you understand that L'Aguatero may terminate or delay your listing, in its sole discretion. You further understand that L'Aguatero may disclose your contact information to any third party that successfully alleges a violation of your rights.
L'Aguatero will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a user of L'Aguatero has infringed your rights, please notify L'Aguatero via our Intellectual Property Complaint page. You can also contact us by mail at the address provided at the end of these Terms of Service, attention Legal Department.
You must include with your notice the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you claim has been infringed;
· L'Aguatero Collection(s) used in connection with the sale of the allegedly infringing Product;
· Identification of the copyright, trademark, or other rights that are allegedly infringed, including proof of ownership (such as copies of surviving copyright or trademark registrations);
· Your full name, address, telephone number(s) and email address(es);
· A statement that you have a good faith belief that use of the material at the submitted URL is not authorized by the copyright owner or its licensee, and such use amounts to an infringement under federal or state law; and…
· A statement, under penalty of perjury, that the information in the notification is complete and accurate, and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Offender Policy: L'Aguatero has adopted a policy of terminating, in appropriate circumstances and at L'Aguatero 's sole DISCRETION, users who are deemed repeat offenders. L'Aguatero may also, in its sole discretion, limit access to the L'Aguatero Service or terminate the membership of any user who infringes or violates any intellectual property or other rights of others, whether or not there is an infringement or violation recidivist.
28. Purchasing items or tools for creators
Ordering and availability: the Product can be ordered by clicking on the items you wish to purchase and then following the instructions that will appear on the screen. You can check and correct any input errors in your order up until the time you submit your order to us. Your order constitutes an offer to us to purchase the ordered Product. All orders are subject to our acceptance. We are not required to agree to your request and we may, at our discretion, refuse to accept any request. If we do not agree to a request, we will inform you of our decision in writing. However, you acknowledge that by placing an order, you assume an obligation to pay for the Product.
Order Confirmation – When we accept your order, we will confirm such acceptance by sending you a shipping confirmation email or an email in which the digital product is available (Order Confirmation). The contract in relation to the requested Product (Contract) will only be formalized when the Order Confirmation is sent. After entering into the Agreement, we will have a legal obligation to supply you with goods and/or physical or digital products that are in accordance with the Agreement.
Tools to Create: L'Aguatero offers certain product design and configuration Services for Creators, Sellers and Users. These tools are optional Services designed and integrated into our platform to help Creators, Buyers and Users in general to maximize the performance of their activity.
Each Tool is offered through and during the Purchase or Subscription, and is subject to the specific Terms and Conditions of the Service. Tools offered on a subscription basis are referred to herein as "Subscription Services." Purchases and subscriptions can be managed and administered within and through the User panel.
* Loss and Cancellation: Title and risk of loss for all Product first ordered by sellers, buyers or users shall pass to same upon our delivery to the carrier. We reserve the right to cancel any order for any reason. *
Returns: You acknowledge and agree that the goods we produce for you are custom, personalized and made-to-order goods, produced specifically for the buyer or user once an order is placed. We do not have stock and if it had not been for your request, we would not have produced the products. You further agree that you do not have the right to change your mind regarding digital products delivered to you immediately. Except where products, including digital products, are defective, you have no right to cancel any order or return any product and all orders are final. Nothing in this section affects your legal rights.
* Waiver: Your purchase of an item using the L'Aguatero Service constitutes a waiver of any intellectual property, property, personal, and privacy claims related to that purchase. *
29. Pricing and Payment Processing
Price: The price of the Product or Service is that quoted in the L'Aguatero Service from time to time. L'Aguatero reserves the right to determine the price of the products, Services and Tools that we offer for Clients, Users and creators (the " CT Rate "). L'Aguatero will make every reasonable effort to keep the fare information up to date at all times; see pricing information on product page for details. L'Aguatero may change the CT Rates by providing advance notice of the change before such charges are applied. All CT fees are in Euros (€) and are non-refundable unless otherwise specified in this document.
You authorize L'Aguatero to charge all established CT Rates for products or Services purchased at https://www.laguatero.com, including all applicable taxes, to the payment method you specify. L'Aguatero or the Payment Processor will bill the Fees to the payment method associated with your account or otherwise provided by you. All fees for L'Aguatero products and Services will be processed as set forth below.
Payment Processing: We may use a third-party payment processor (PayPal, Wise, other) to process your payments for Products or Services. Payment processing will be subject to the Payment Processor's Terms, Conditions and Privacy Policies in addition to these Terms of Service. We are not responsible for Payment Processor errors.
By clicking the "Buy Now" or "Subscribe" button on the payment page, you agree to pay us, through the Payment Processor, all charges at the then-current prices for any Products or Services ordered in accordance with the applicable payment terms. and you authorize us, through the payment processor, to charge through your chosen payment provider (PayPal, Wise, other). You agree to make payment using the selected Payment Method. We reserve the right to correct any errors made by the Payment Processor, even if you have already requested or received payment.
Payment Method – The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor or otherwise, do not receive your payment, you agree to pay all amounts due upon demand.
Fees will be charged in the local currency of your shipping address, taking the euro (€) rate as a reference. You are responsible for paying all applicable fees and taxes associated with the Products or Services ordered in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees due using other collection mechanisms. If your payment method is not authorized or is not accepted, L'Aguatero reserves the right to cancel your order without further liability or obligation to you. L'Aguatero reserves the right to stop accepting credit cards from one or more issuers at any time.
Delinquent Accounts: L'Aguatero may suspend or terminate access to the L'Aguatero Services, for any account for which any amount is owed, but has not been paid. In addition to the amount due for L'Aguatero Services, a delinquent account may be charged fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time the Product or Service is ordered, then L'Aguatero reserves the right to immediately terminate your access to the Services.
30. Property rights of L'Aguatero
Content of the Service, Products and Trademarks: You are only authorized to use the L'Aguatero Service for the purpose of conducting commercial transactions with L’AGUATERO. You may not use any automated technology to scrape, extract, or harvest information from the L'Aguatero Service or otherwise access the pages of the L'Aguatero Service for any unauthorized purpose. If L'Aguatero blocks your access to the L'Aguatero Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). The technology and software underlying the L'Aguatero Service are owned by L’AGUATERO, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights granted to L’AGUATERO.
The L'Aguatero Service may contain images, artwork, fonts, and other content or features ("Service Content") that are protected by intellectual property rights and laws. Except as expressly authorized by L’AGUATERO, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute or create derivative works based on the L'Aguatero Service or the Service Content, in whole or in part. Any use of the L'Aguatero Service or the Service Content other than as specifically authorized in this document is strictly prohibited. L'Aguatero reserves all rights not expressly granted in this document.
The name and logo of L'Aguatero is a commercial name and brand of products belonging to Eduardo Ivan Garcia Tamayo, who for his part is also identified through the registered trademark image EDIGARTAM ® (collectively, “EDIGARTAM”). Other company, product, and Service names and logos used and displayed through the L'Aguatero Service may be trademarks or Service marks of their respective owners, which may or may not endorse or be affiliated with or connected with L’AGUATERO. Nothing in these L'Aguatero Terms and Conditions of Service and Commercial Policies should be construed as granting any license or right to use any of the L'Aguatero Trademarks displayed on the L'Aguatero Service, without our permission. in advance in writing in each case. All goodwill generated from the use of L'Aguatero 's Trademarks will inure to the exclusive benefit of L’AGUATERO.
Third Party Material: Under no circumstances will L'Aguatero and EDIGARTAM be responsible in any way for any content or material from third parties (including users), including, but not limited to, errors or omissions in any content, or for any loss or damage of any fees incurred as a result of the use of such content or materials. To the maximum extent permitted by applicable law, third party providers of such content and materials are express and intended third-party beneficiaries of these Terms and Conditions of Service and Business Policies with respect to their content and materials.
L'Aguatero may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
· Comply with legal process, applicable laws or government requests.
· Enforce these terms of Service.
· Respond to claims that any content violates the rights of third parties.
· Protect the rights, property, or personal safety of L’AGUATERO, its users, or the public.
31. Third Party Websites
The L'Aguatero Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. L'Aguatero has no control over such sites and resources and L'Aguatero is not responsible for and does not endorse such sites and resources. L'Aguatero will not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or Services available on or through said site. or resource. Any dealings you have with third parties encountered while using the L'Aguatero Service are between you and the third party, and you agree that L'Aguatero is not responsible for any loss or claim you may have against such third party.
32. *Limitation of liability
L'Aguatero SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF Aguero HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL L'AGUATERO 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID L'AGUATERO OR THAT L'AGUATERO HAS PAID YOU IN THE LAST SIX (6) MONTHS OR IF IT IS OLDER, ONE HUNDRED EUROS (€100). THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. *
33. Termination
L’AGUATERO, in its sole discretion, may suspend or terminate access to or use of the L'Aguatero Service, as well as remove and discard any content within the L'Aguatero Service, for any reason. You further agree that L'Aguatero shall not be liable to you or any third party for termination of your access to the L'Aguatero Service.
34. Relationship
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party shall be solely responsible for all of its employees and agents and their labor costs and expenses and for any and all claims, liabilities or damages or debts of any kind that may arise from their activities, or those of their employees or agents, in the performance of their activities under these Terms of Service. You do not have the authority to bind L'Aguatero in any way and you will not attempt to do so or imply that you have the right to do so.
35. Applicable Law
For users located outside the European Union: These Terms of Service will be governed by the laws in the European Union except that (if you are a consumer and not a business user) and if you live in a country outside the European Union. Notwithstanding its local extraterritorial conflict of law provisions, there may be certain mandatory applicable laws of your country that apply for your benefit and protection in addition to or instead of certain provisions of the laws of the European Union.
Subject to the following paragraph, you agree that any dispute between you and L'Aguatero regarding these terms will only be resolved by the courts of the European Union except that (if you are a consumer and not a business user) and if you live in a country outside the European Union. You can choose to take legal action in your country, but if we do take legal action, we can only do so in your country. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
The European online dispute resolution platform http://ec.europa.eu/consumers/odr/ provides information on alternative dispute resolution. We are not required to comply with any alternative dispute resolution under this platform.
For all other users: These Terms of Service shall be governed by the jurisdictional laws of Tartu County, Estonia, without regard to its conflict of law provisions. With respect to any dispute, you and L'Aguatero agree to submit to the personal and exclusive jurisdiction of the administrative courts located in the jurisdiction of Tartu County, ESTONIA. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
These Terms of Service constitute the entire agreement between you and L'Aguatero and govern your use of the L'Aguatero Service, superseding any prior agreements between you and L'Aguatero with respect to the L'Aguatero Service. The failure of L'Aguatero to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree, however, that the court shall endeavor to give effect to the intentions of the parties as reflected in the provision and the other provisions. of these Terms. of Service remain in full force and effect. A paper version of this agreement and any notices given in electronic form will be admissible in judicial or administrative proceedings based on or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without L'Aguatero 's prior written consent, but L'Aguatero may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be sent by email or by regular mail. L'Aguatero may also provide you with notice of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the L'Aguatero Service.
36. Additional Terms
Our liability: Nothing in these Terms of Service will limit or exclude our liability to you:
· For death or personal injury caused by our negligence.
· For fraudulent misrepresentation.
· For any other liability that, under consumer protection law or otherwise, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event will we be liable to you for any business loss, and if you are a business customer, in no event will we be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, contracts, data, goodwill, or other similar losses, and any liability we have for losses you suffer arising out of or in connection with these Terms of Service or the L'Aguatero Service does not exceed the amount you have paid to L'Aguatero or L'Aguatero has paid to you in the last six (6) months, or, if greater, one hundred euros (€100) and is strictly limited to losses that were reasonably foreseeable .
We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control.
Product Purchase: The prices include VAT, but exclude shipping costs, which will be automatically added (at the cost shown) to the total amount due, as established when viewing the items in your shopping basket, once you have selected the different Delivery Method. Our VAT registration number is (pending).
Defective Product – If you are a consumer, once we accept your Product order, we have a legal obligation to supply products (including digital products) that comply with these Terms of Service.
If any Product you order is damaged or defective when delivered to you, you may have one or more legal remedies available to you, depending on when you notify us of the problem, in accordance with your legal rights. If you believe that any Product has been delivered damaged or faulty, you must notify us as soon as possible, preferably in writing, providing your name, address and order reference.
Nothing in this section affects your legal rights.
Product Information: While we have taken reasonable steps to represent the Product as accurately as possible on the Site, the photographs and other images of the Product displayed on the Site are created and designed and details (such as color, pattern and texture, etc.) you see on your screen will depend on your monitor and as such may not accurately reflect the actual details of a Product when you receive it.
37. Questions? Concerns? Suggestions?
Please contact us at attCliente@laguatero.com if you have any questions about these Terms of Service or the L'Aguatero Service.