This website is the property of Guayaba Studio (hereinafter, Guayaba), with address at carrer de Jordà, 11, Barcelona, Spain.
For any question or proposal, contact us at the following email: firstname.lastname@example.org
This website is governed by the regulations exclusively applicable in Spain, being subject to it both nationals and foreigners who use it.
Navigation, as well as access to the website www.guayabastudioshop.com (hereinafter, the "website") and / or the mere use of the services offered through it, attribute to you the condition of user of the Site Web (hereinafter, the "User") and implies full and unreserved acceptance of the terms and conditions provided in this legal notice (hereinafter, the "Legal Notice"), in the version published by Guayaba at the time in which the User accesses the website. The User, when using the website, its content or service, accepts and submits to the general conditions of use thereof. If you do not agree with these conditions of use, you must refrain from using this portal and operate through it.
The use of certain services offered to users through the website may be subject to particular terms and conditions, such as the "Terms and Conditions of Purchase" that, depending on the case, replace, complement and / or modify the Legal Notice. Consequently, prior to using said services, the User must carefully read these documents and accept, where appropriate, the corresponding Particular Conditions.
Likewise, the use of the website is subject to the legal texts, regulations of use and / or instructions of the website that complement the Legal Notice.
Guayaba reserves the right to modify the content of the website without prior notice.
1. USE AND OPERATION OF THE WEBSITE
Unless otherwise provided in any of the legal documents on the website, the use of the website is free, and this without prejudice to the cost of connecting the corresponding telecommunications network to which you have access.
The User agrees to use the website, as well as its services and contents, without infringing current legislation, good faith, generally accepted uses and customs and public order. Likewise, the use of the website for illegal or harmful purposes for Guayaba or any third party is prohibited.
When using the website, the User agrees not to carry out any conduct that could damage the image, interests and / or rights of Guayaba and / or third parties or that could damage, disable or overload the website, or that prevents, in any way, the normal use of the website, the computer equipment or the documents, files and all kinds of content stored on any computer equipment (hardware and software) owned by Guayaba or any other user.
In the event that the User violates the Legal Notice, or where appropriate, any other terms and conditions detailed on the website, Guayaba may limit, suspend and / or cancel their access to it, adopting any technical measure that may be necessary for this purpose.
In general, the use of the website does not require prior subscription or registration. However, Guayaba may condition the use of some services or access to certain content upon prior completion of the corresponding registration and / or form available on the website. Registration will be carried out in the manner expressly indicated in the service itself or in the Particular Conditions that regulate it.
Guayaba will use its best efforts to keep the website in good working order, prevent errors or, if they arise, solve them and keep the contents of the website duly updated. However, Guayaba does not guarantee the availability and / or continuous access to the website, nor that there are no errors in its contents, nor that its contents are updated.
Guayaba reserves the right to unilaterally modify, at any time and without prior notice, the clauses of the Legal Notice, as well as the configuration and, in general, any other content or service on the website. The use of the services and / or the simple access to the website, will imply the acceptance of any modification introduced. For this reason, Guayaba recommends that you periodically consult the Legal Notice, as well as its subsequent modifications.
The User acknowledges and accepts that, at any time, Guayaba may interrupt, deactivate and / or cancel any of the content and / or services included on the website.
The User is aware and accepts, on a voluntary basis, that the use of the Website is carried out, in any case, under his sole and exclusive responsibility.
The User will be responsible for damages and / or losses of any kind that Guayaba may suffer as a result of the violation of any of the obligations to which it submits in accordance with the Legal Notice and / or current legislation.
Guayaba will not be responsible for any loss and / or damage that may arise, directly or indirectly, from the User's access or use of the information contained on the website, specifically, from the information of third parties, including among others, those produced in computer systems or those derived by the introduction of a virus and / or a computer attack, and will not be responsible for the damages suffered by Users due to inappropriate use of the site web, nor of the falls of the communications, interruptions, absence or defect in the same.
In addition, Guayaba will not be responsible for any damage or loss caused to the software or hardware of the Users derived from their access and / or use of the website.
Unless the law determines otherwise, the User acknowledges and accepts that Guayaba does not grant any guarantee of any nature, whether express or implicit, on the website, its contents and services.
Guayaba reserves the right to interrupt access to the website, as well as the provision of any or all of the content and / or services offered through it, at any time and without prior notice, either for technical reasons, security, control, maintenance or for any other cause.
Consequently, Guayaba does not guarantee the reliability, availability or continuity of the website or the content offered therein, so access to the website and its contents by the User is at their own risk and expense.
Likewise, Guayaba will not be responsible for temporary interruptions of the service, delays, errors, malfunctions and, in general, any inconvenience that has its origin in causes that are not attributable to Guayaba, due to the fraudulent or culpable action of the User or force majeure.
In this sense, Guayaba excludes, to the full extent permitted by the legal system, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the website or services.
Guayaba has adopted reasonably adequate security measures to detect the existence of viruses and / or computer damage. However, the security measures of the computer systems are not entirely reliable and, therefore, Guayaba cannot guarantee the absence of viruses or other elements that may cause alterations in the computer systems (software and hardware) of the User or in the electronic files contained therein.
In this sense, Guayaba excludes, to the full extent permitted by the legal system, any liability for damages of any kind that may be due to the presence of viruses or other elements in the contents of the website, which may cause alterations. in the computer system, electronic documents and / or in the files of the Users.
Guayaba does not assume responsibility for the use that the User makes of the content of the website that may imply an infringement of any type of regulation, national or international, of intellectual, industrial or image property rights and / or any other right from third parties.
Both access to the website and the use that may be made of the information contained therein is the sole responsibility of the person who performs it. Guayaba will not be liable for any consequence, damage and / or harm that may arise from said access or use of the information or from the possible security errors that may occur or the possible damages that may be caused to the User's computer system (hardware and software), files or documents stored in it, as a result of a malfunction of the browser or the use of non-updated versions of the same.
Guayaba will not be liable for damages and / or losses derived from the use of the website content. In particular, Guayaba is not responsible for the content or the status of the links contained in the website and that may lead the User to other websites managed by third parties. Guayaba is not responsible for the content or the status of said websites. Access to them through the website does not imply that Guayaba recommends and / or approves their contents.
3. HYPERLINKS POLICY
Links to the Website
The introduction of hyperlinks or technical link devices (eg links, banners or buttons) for commercial purposes on web pages outside of Guayaba (the "Linked Site"), which allow access to the website, is expressly prohibited. without the prior written consent of Guayaba. In any case, the existence of such hyperlinks will not imply, in any case, the existence of commercial relations with the owner of the Linked Site, nor the acceptance and / or responsibility by Guayaba of its contents and / or services.
The Linked Site must comply with current legislation and must not, in any way, host content owned by it or third parties that: (i) is illegal, harmful and / or contrary to morals and good customs (pornography, violence , racism, degradation, etc.); and / or (ii) is inappropriate or irrelevant in relation to Guayaba. In any case, Guayaba reserves the right to prohibit or disable at any time any hyperlink or technical link device (eg links, banners or buttons) to its website, especially in cases of illegality of the activity or contents of the Linked Site.
Links to other websites
It is possible to include links to the website that allow the user to access other websites (the "Linked Sites").
In any case, Guayaba does not guarantee or assume any type of responsibility for damages and / or losses suffered by accessing third-party content through possible connections, links or links to the Linked Sites from the website. The function that, where appropriate, such hyperlinks or technical link devices (eg links, banners or buttons) could have is exclusively to inform Users about the existence of other sources of information or other content and services of Internet.
Guayaba will in no way be responsible for the results obtained through said hyperlinks or technical link devices (eg links or buttons) or for the consequences arising from access by Users to the Linked Sites. These third-party content are provided by them, so Guayaba cannot control the legality of such content or the quality of the services offered therein.
As a consequence of the foregoing, the User will be solely responsible for verifying and accepting the content and / or terms and conditions of the Linked Sites each time they access and use them.
4. INTELLECTUAL PROPERTY RIGHTS
All rights to the intellectual property of the designs, databases and software (including source codes), as well as all the elements contained in the website (texts, graphics, photographs, videos, audio recordings, color combinations, etc.) (the “Content”), its structure, selection and organization, are the property of Guayaba and / or, where appropriate, of the licensors. The distinctive signs of the website (trademarks and trade names) are also the property of Guayaba and / or its licensors.
The use of the website by the User does not imply the transfer of any intellectual property rights over the website or its content.
The names of other products, services and companies that appear on the website may be distinctive signs registered by their respective owners, without it being understood that access or use of the website attributes to the User any right over the registered distinctive signs. Likewise, all the Content is protected by copyright and the intellectual property belongs to Guayaba or, where appropriate, its licensors, without any of the exploitation rights related to them being understood to be transferred to the User beyond what is strictly necessary for the correct access or use of the website.
The User is only authorized to view and obtain a temporary private copy of the Contents for their exclusive personal and private use in their computer systems (software and hardware) and that are not subsequently transferred to third parties. With the above exceptions, the User is expressly prohibited from reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding and / or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or expressly authorized in writing by Guayaba and / or its licensors. By way of example, but not limited to, the User is not authorized to:
Use the information contained in the Website in order to carry out activities of a commercial or professional nature (direct sale or for any other kind of commercial purpose, as well as to commercialize said information in any way).
Delete, evade, manipulate the "copyright" and other data identifying the rights of Guayaba, as well as any protection mechanisms.
Disassemble, decompile or reverse the databases in which the site information is stored.
The unauthorized use of the information contained in the website, its resale, as well as the infringement of the industrial and intellectual property rights of Guayaba, will give rise to the legally established responsibilities. In particular, the unauthorized use of the Content and any damage caused to the intellectual property rights of Guayaba and / or its licensors may cause Guayaba and / or its licensors to take any action required by law. allow to protect yourself and cause any liability that may arise from it.
5. IMAGE RIGHTS
In certain cases, the user can participate in one of the online contests organized by Guayaba, where they are asked (as a participant) to upload “Images” (photos, videos, drawings, etc.) to the Internet (Website, microwebs , Facebook, Instagram, etc.). User participation in online contests in which images are uploaded will imply that the user is knowledgeable and accepts the specifications of this section.
In addition to the obligations assumed by the user / participant under the terms and conditions of the corresponding online contest, the user agrees not to upload Images that are not original and / or that have not been registered by him or that violate the law. or the rights of third parties (in particular copyrights, trademarks and / or rights of privacy, honor and image). To this end, each participant / user declares to be the owner of all the rights related to the Images and, if applicable, that they have obtained the corresponding express consent of the people who appear in the Image for free dissemination in all media and / or territory and for an indefinite period.
Guayaba will not be held liable, in any case, for the infringement of the obligations listed above, nor for any damage or / or loss derived from said infringement. Each participant / user acknowledges that Guayaba has full rights to assign the use of the Images in the manner that Guayaba deems appropriate and for all related commercial purposes (including, but not limited to, advertising, marketing, promotions, merchandising and / or the enhancement of the corresponding contest, in whole or in part).
The participants / users expressly authorize Guayaba and its licensors to reproduce, disseminate or distribute, adapt and transform the Images, free of charge, on the Guayaba Websites and on official social networks including, but not limited to, the official Instagram and Facebook accounts (www.guayabastudioshop.com), and any other social network account of the affiliates and / or branches of Guayaba; the websites of authorized resellers and / or the social networks of all influencer authorized by Guayaba, in any medium and territory, throughout the world and for the maximum period allowed by law.
The user / participant is aware that publishing the Images on social networks implies the application of the general conditions of use of said social networks, in particular the right of sublicensees attributed to social networks and users of social networks; Guayaba will not be responsible, in any case, for the reproduction, treatment, use and conservation of the Images or a part of them by social networks or by users of social networks under the general conditions of use of social networks. Guayaba cannot be held responsible for the reproduction, treatment, use and conservation by users of social networks by virtue of the general conditions of use of the social networks of the images during the term of the corresponding contest or after its expiration. For reasons of clarity, the participant / user hereby acknowledges and accepts that Guayaba will not be responsible in any case for the deletion / elimination of the Images published during the term of the corresponding contest on social networks.
In the same way, and without prejudice to the terms and conditions of the corresponding social network (eg Instagram, Facebook, etc.), each user / participant authorizes the other participants and / or any third party related to the corresponding contest to access now view the images for free.
In all cases, Guayaba has the right to delete any image, without the obligation to previously notify the user / participant, if it considers that the image violates any law, third-party rights and / or that it does not adapt to the nature of the contest and / or the image and reputation of Guayaba, its licensors and / or its products. Guayaba reserves the right to oppose and unilaterally reject any image that may be considered racist, sexist, violent or inappropriate in general.
Guayaba and its licensors will not be held responsible for the inappropriate and / or fraudulent use of the Image or for the modifications and / or alterations to the Image made by third parties.
6. WITHDRAWAL AND SUSPENSION OF SERVICE
Guayaba may withdraw or suspend, at any time and without prior notice, the provision of the services offered through the website to Users who fail to comply with the provisions of the Legal Notice.
7. DURATION AND TERMINATION
The existence of the website, as well as the provision of the services offered therein, have, in principle, indefinite duration. However, Guayaba is entitled to terminate or suspend the provision of the aforementioned services and cancel access to the website at any time, without prejudice to what has been provided in this regard in the rest of the legal documents on the Website. When reasonably possible, Guayaba will previously warn Users about the termination or suspension of the website as well as, where appropriate, the services offered therein.
8. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Access and use of the website by the User will be governed and interpreted in accordance with the Spanish laws in force at all times.
In the event that any conflict or discrepancy arises between Guayaba and the Users, the Courts and Tribunals that, where appropriate, will hear the matter, will be those established by the applicable legal regulations in matters of competent jurisdiction of consumers and users.
GENERAL TERMS AND CONDITIONS OF PURCHASE
Purchases made through the website www.guayabastudioshop.com are managed by the company Guayaba Studio, with the email address email@example.com
The purchase of the products offered through the website implies the acceptance of the terms and conditions provided in these General Conditions of Purchase so, before proceeding with their acceptance, read their content carefully. If you do not accept these General Conditions of Purchase, the purchase of the fragrance will not take place and, consequently, it will not entail the assumption of any type of obligation or responsibility on the part of Guayaba.
By placing an order through the website, the Buyer declares to have legal capacity to contract the products of the website.
To place an order, the Buyer must follow each of the steps of the purchase procedure provided on the website.
The website www.guayabastudioshop.com allows you to purchase all products and offers you all the information related to the product. The purchase of the products is subject to the General Purchase Conditions presented in this document.
2. BUYER'S OBLIGATIONS
You guarantee that the personal data you provide to Guayaba are true and accurate, and you agree to notify any change or modification of the same.
You undertake and oblige not to use the content that is available on the website at any time in any way that may be constituting a violation of any rule or an attack on morals, good manners or the image and good professional name of Guayaba and/or its collaborators. Guayaba is not responsible in any case for the misuse by you of the contents of the website.
You are aware, and voluntarily accept, that the use of the Service takes place, in any case, under your sole and exclusive responsibility, for which you will be liable for damages of any kind that Guayaba may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these Terms and Conditions.
3. GUAYABA RESPONSIBILITIES
Guayaba does not guarantee the level of operation of the Internet network. The service may not be available or be limited at any time and for any reason beyond the control of Guayaba, whether due to emergencies, connection overload, link failure, network equipment problems, transfers or signal strength. Guayaba is not responsible for data, messages or pages lost or not saved due to performance problems due to the Internet service.
Guayaba reserves the right to modify the content of the website without prior notice.
4. THE PURCHASE
Registration on the website will not be necessary to purchase. However, for the formalization of the purchase you must complete the "purchase form", where you will provide us with the necessary information for the processing of shipping the product.
Likewise, you can ask us to save your information in order to expedite your future purchases with Guayaba by checking the box "Save my information and consult more quickly next time".
In the event that you have already made a previous purchase on this website, and have requested that Guayaba keeps your data, the form will be completed automatically with your contact information and shipping address, and you can purchase without having to re-enter all your data.
You may contact the Guayaba customer service to communicate any complaint or claim through the email firstname.lastname@example.org.
Guayaba will respond to your request as soon as possible, and never within a period exceeding one (1) month from the receipt of the complaint or claim.
6. DATA PROTECTION
7. INDEPENDENCE OF CLAUSES
If any of the clauses of these Terms and Conditions were null and void or voidable, it will be considered as not put. Said declaration of nullity will not invalidate the rest of the document, which will maintain its validity and effectiveness between the Parties.
8. APPLICABLE LEGISLATION
In the event that any conflict or discrepancy arises in the interpretation and / or application of the General Conditions of Purchase, the competent Courts will be those established by the applicable legal regulations regarding the competent jurisdiction of consumers and users.
Likewise, you will be able to amicably resolve incidents that may occur during the contractual relationship through the Platform promoted by the European Commission https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
9. MODIFICATION OF PURCHASE CONDITIONS
Guayaba reserves the right to modify this document of Terms and Conditions of Purchase at any time. In case of making any changes to this document, these will be published on the website and the date of their publication will be indicated, in order to distinguish the most recent Terms and Conditions from the previous Terms and Conditions.
"Guayaba reserves the right to make, at any time and without prior notice, the modifications it deems appropriate." This is already contemplated in section 12 Modification of the purchase conditions.