Terms of use
OBJECT
These General Conditions of Use (hereinafter, the "General Conditions") regulate the use of the website www.atikajewels.com (hereinafter, the Website) that Atika Jewels SL (hereinafter " Atika "), makes available to people who access its Website in order to provide them with information about products and services, its own and/or those of third-party collaborators, and to facilitate access to them, as well as the contracting of services and goods through it (all of which is jointly referred to as the "Services").
Atika has its registered office at C/ Bahía de Alicante 84, 1ºA, 28042, Madrid, Spain. Atika Jewels SL is the owner of this website, the use of which is regulated by this document, with CIF: B-56885171.
To contact Atika , you can use the postal address above, as well as the email address info@atikajewels.com.
Due to the very nature of the Website, as well as its content and purpose, virtually all browsing must be done with the status of Customer, which is acquired according to the procedures set forth therein. Therefore, the aforementioned Customer status implies acceptance of the General Conditions in the version published at the time the Website is accessed. Atika reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, Atika recommends that the Customer read them carefully each time they access the Website.
In any case, there are pages of the Website accessible to the general public, with respect to which Atika also wishes to comply with its legal obligations and regulate their use. In this regard, users who access these parts of the Website agree to be bound, by accessing said pages, by the terms and conditions set forth in these General Conditions, to the extent applicable to them.
Finally, due to the very nature of this Website, the content of these General Conditions may be modified or changed. Therefore, the Client, as well as other users who do not enjoy this status, are obligated to review these General Conditions each time they access the Website, assuming that the corresponding conditions in effect at the time of their access will apply to them.
ACCESS AND SECURITY
Pre-registered users, once they accept the " Privacy Policy ", will be considered as Clients.
The Customer ID will consist of their email address and a password. To access their own account, they will need to include this ID, as well as a password containing at least 4 characters.
The password is personal and non-transferable, and may not be transferred, even temporarily, to third parties. Therefore, the Client undertakes to use it diligently and maintain its confidentiality, assuming full responsibility for the consequences of disclosing it to third parties.
If the Client becomes aware of or suspects that their password is being used by a third party, they must immediately change it, as detailed on the Website.
CORRECT USE OF SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, but not limited to, the Client undertakes to refrain from:
- Use the Services in a manner, for purposes or with effects contrary to the law, morality and generally accepted good customs or public order;
- reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the owner of the corresponding rights or legally permitted;
- perform any act that may be considered a violation of any intellectual or industrial property rights belonging to Atika or third parties;
- use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales purposes or for any other type of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or disclose such information in any way;
The Client shall be liable for any damages of any kind that Atika may suffer, arising from or as a result of the breach of any of the obligations set forth above, as well as any other obligations included in these General Conditions and/or those imposed by law in relation to the use of the Website.
Atika will ensure compliance with current legislation at all times and will be entitled to interrupt the Service or exclude the Client from the Website at its sole discretion in the event of alleged commission, complete or incomplete, of any of the crimes or offenses defined in the current Penal Code, or in the event of observing any conduct that, in Atika 's opinion, is contrary to these General Conditions that apply to this Website, the Law, the rules established by Atika or its collaborators, or may disrupt the proper functioning, image, credibility and/or prestige of Atika or its collaborators.
PROPERTY RIGHTS
All content on the Website, such as text, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Atika or third parties, whose rights in this regard are legitimately held by Atika , and are therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited.
The violation of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable in accordance with Articles 270 et seq. of the Criminal Code.
Customers who send observations, opinions, or comments to the Website via email or any other means, in cases where the nature of the Services makes this possible, are deemed to authorize Atika to reproduce, distribute, publicly communicate, transform, and exercise any other exploitation rights regarding such observations, opinions, or comments for the entire duration of copyright protection provided by law and without territorial limitations. This authorization is also deemed to be free of charge.
Any claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights regarding any of the Services on this Website should be addressed to the following email address: info@atikajewels.com.
EXCLUSION OF WARRANTIES AND LIABILITY
Notwithstanding the provisions of the General Terms and Conditions relating to the purchase of goods contained on this Website, Atika is not responsible for the truthfulness, accuracy, or quality of this Website, its services, information, and materials. These services, information, and materials are presented "as is" and are available without warranties of any kind.
Atika reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it, at any time and without prior notice, whether for technical, security, control, maintenance, power outages, or any other justified reason.
Consequently, Atika does not guarantee the reliability, availability, or continuity of its Website or the Services. Therefore, the Client's use of these Services is at their own risk, and Atika cannot be held liable in this regard.
Atika shall not be liable in the event of interruptions in the Services, delays, errors, malfunctions and, in general, other inconveniences that arise from causes beyond the control of Atika and/or due to wilful or negligent action by the Client and/or arising from acts of God or Force Majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the following shall also be understood to be included in the concept of Force Majeure, for the purposes of these General Conditions, all events that occur outside the control of Atika , such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Atika has adopted reasonable security measures in accordance with the state of the art. In any case, regardless of the cause, Atika will not assume any liability for direct or indirect damages, consequential damages and/or loss of profits.
Atika excludes any liability for damages of any kind that may arise from the lack of truthfulness, accuracy, completeness, and/or timeliness of the Services transmitted, distributed, stored, made available, or received, obtained, or accessed through the Website, as well as for the Services provided or offered by third parties or entities. Atika will endeavor, as far as possible, to update and correct any information hosted on its Website that does not meet the minimum guarantees of truthfulness. However, it will not be liable for any failure to update or correct such information, nor for the content and information contained therein. In this regard, Atika is under no obligation to monitor, and does not monitor, the content transmitted, distributed, or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by a competent judicial or administrative authority.
Likewise, Atika excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the content that may cause alterations to computer systems as well as to documents or systems stored therein.
Atika is not responsible for the Client's use of the Website Services or their passwords, or any other material thereon, in violation of intellectual or industrial property rights or any other third-party rights.
The Client undertakes to hold Atika harmless from any damage, loss, penalty, expense (including, without limitation, attorney's fees) or civil, administrative or any other liability that Atika may suffer that is related to non-compliance or partial or defective compliance on its part with the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the GDPR and implementing regulations.
LINKS TO OTHER WEBSITES
Atika does not guarantee or assume any liability for damages suffered by accessing third-party services through connections, links, or links from linked sites, nor for their accuracy or reliability. The purpose of the links appearing on Atika is exclusively to inform the Client of the existence of other sources of information on the Internet where they can expand on the services offered by the Portal. Atika shall not, under any circumstances, be responsible for the results obtained through said links or for the consequences arising from Clients' access to them. These third-party services are provided by third parties, and therefore Atika cannot and does not control the legality of the services or their quality. Consequently, the Client must exercise extreme caution in evaluating and using the information and services contained in third-party content.
APPLICABLE LAW AND JURISDICTION
For any interpretive or contentious issues that may arise, Spanish law will apply, and in the event of a dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, waiving any other jurisdiction that may apply.