Please read this document carefully. It constitutes the Legal Notice and Terms and Conditions of Use that regulate the access, navigation and use of the ANIMA KITCHENT S.L. website (hereinafter referred to as ANIMA) located at the URL https://www.animakitchent.com (hereinafter referred to as the “Website”).
Accessing, browsing and using this website implies the user’s express acceptance of all the terms and conditions outlined in this Legal Notice and those stipulated in the Terms and Conditions of Use, with this document having the same validity and scope as any written and signed contract.
The observance and fulfilment of this Legal Notice and the Terms and Conditions of Use will be required of any person accessing, browsing or using the website. If you do not agree with the terms and conditions expressed herein, do not access, browse or use this website.
1. INTRODUCTION AND COMPANY INFORMATION
ANIMA KITCHENT S.L. (hereinafter, ANIMA) is a company with registered offices at at Madrid, Paseo Imperial nº 10, 2º D CP. 28005, C.I.F. B-B86881885 and duly registered in the Mercantile Register, Volume 31.764; Folio 124;
Section 8; Page M-574551. To communicate directly and effectively with ANIMA, please contact us at the following e-mail address: info@animakitchent.com
2. AIM AND SCOPE OF APPLICATION
The present Terms and Conditions regulate access to the contents and all the services and products offered by ANIMA through its Website, as well as the use of these by users. Nevertheless, ANIMA reserves the right to modify the presentation, configuration and content of the Website, as well as the conditions required for its access and/or use. Access to and use of the contents and services after the entry into force of their modifications or changes in the conditions imply acceptance of the same.
Notwithstanding the foregoing access to certain content and the use of certain services may be subject to certain specific terms and conditions, which, depending on the situation, will replace, complete and/or modify these Terms and Conditions of Use and, in the event of contradiction, the particular terms and conditions will prevail over the general terms and conditions.
Before using booking and/or hiring or purchasing said products or specific services offered by ANIMA, the User should carefully read the particular terms and conditions, if applicable, created for such effect by ANIMA.
The use, booking and/or hiring of said product or specific services implies the acceptance of the particular terms and conditions that regulate them in the version published by ANIMA at the time when said usage, booking and/or hire purchase takes place.
Accessing, browsing and using the Website involves and implies the User’s acceptance of the present Legal Notice and the Terms and Conditions of Use it includes.
In this regard, a user is understood to be the person who accesses, browses, uses or participates in the services and activities, whether they be free or for payment, developed on the Website.
3. ACCESS
Access to the contents and use of the services provided by the Website free of charge, although some of the services and contents offered by ANIMA to third parties through the Website may be subject to prior contracting and payment of a fee, which will be specified in their own contracting conditions.
Access to the Website by minors under 14 years of age is prohibited, unless they have the prior and express authorisation of their parents, guardians or legal representatives, who will be held responsible for the acts carried out by the minors in their care, in accordance with the regulations in force. In any case, it shall be presumed that
access by a minor to the Website has been made with the prior and express authorisation of their parents, guardians or legal representatives. Accessing and browsing the Website does not require registration.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
This Website is governed by Spanish law and by national and international legislation on intellectual and industrial property. In no case will the access and browsing of the user on the website or the use, acquisition and/or purchasing of products or services offered through the Website implies a waiver, transmission, licence or total or
partial transfer of said rights by ANIMA. The User has a strictly private right of use, exclusively for the purpose of enjoying the services provided in accordance with these General Conditions. References to names and commercial or registered trademarks, logos or other distinctive signs, whether owned by ANIMA or by third parties, imply a prohibition on their use without the consent of ANIMA or their legitimate owners. At no time, unless expressly stated otherwise, does access to or use of the website and/or its contents and/or services confer on the user any
rights whatsoever over the trademarks, logos and/or distinctive signs included therein, which are protected by law.
All Intellectual and Industrial Property rights over the contents and/or services are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute in any way all or part of the contents and/or service included in the Website, for public or commercial purposes, without the prior, express and written authorisation of ANIMA or, where applicable, of the owner of the corresponding rights.
5. USE OF THE WEBSITE
The User promises to use the Website in accordance with the law and these General Terms and Conditions. The User also undertakes to refrain from using the Website for purposes or effects that are unlawful or contrary to the
provisions of the General Terms and Conditions. By using the services, the User declares his conformity with these General Conditions, and promises not to transmit, disseminate or make available to third parties through the services provided by the Website any kind of material that in any way contravenes current legislation. In particular, and by way of example only but not limitation, the User commits not to collect data for advertising purposes, not to send any type of online advertising or chain messages and not to transmit, disseminate or make available to third parties through the Services provided by the Website, information, messages, graphics, sound or image files, photographs, recordings, software and in general any type of material, data or content which, without limitation:
- engage in activities that are unlawful, illegal or contrary to good faith or public order;
- in any way contravene, undermine or infringe fundamental rights and public freedoms recognised in the Constitution or in international treaties and in the rest of the legal system;
- induce, incite or promote criminal, denigratory, defamatory or violent conduct;
- induce, incite or promote discriminatory actions, attitudes or ideas on the basis of sex, race, religion, belief or age;
- incorporate criminal, violent or degrading messages;
- induce or incite to engage in practices which are dangerous, hazardous or harmful to health and mental equilibrium;
- are false, ambiguous, inaccurate, exaggerated or extemporaneous to an extent which is likely to mislead as to their subject matter or as to the intentions or purposes of the User;
- are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he/she is making or intends to make;
- violate the trade secrets of third parties;
- are contrary to the right to honour, to personal and family privacy or to one’s own image of persons;
- violate the rules on secrecy of communications;
- by reason of their characteristics (such as format, length, etc.) cause any difficulties regarding the normal functioning of the Services.
6. COMMUNICATIONS LICENCE
In the event that the User sends information of any kind to ANIMA via the Website, through the channels provided for this purpose on the Website itself, the User declares, guarantees and accepts that he has the right to do so freely, that said information does not infringe any intellectual property, trademark, patent, trade secret or any
other third party right, that said information is not of a confidential nature and that said information is not harmful to third parties.
The User assumes responsibility for any communication that he supplies personally or in his name, fulfilling said responsibility without any restriction on the accuracy, legality originality or ownership of the communication, with ANIMA remaining exempt from liability.
7. RESPONSIBILITIES AND GUARANTEES OF SERVICE
ANIMA cannot guarantee the reliability, utility or veracity of the services or information provided through the Website, nor the utility or veracity of the documentation on the events that can be acquired through the Website, prepared by professionals from a wide range of sectors. Consequently, ANIMA neither guarantees nor accepts responsibility for:
- the permanence and non-modification of the contents located on the Website;
- the absence of errors in such content or products;
- the absence of viruses and/or other harmful components on the Website or on the server that supplies it;
- the invulnerability of the Website and/or the impregnability of the security measures adopted therein;
- the uselessness or lack of effectiveness of the contents and products of the Website;
- any damage or harm caused, either to themselves or to a third party, by any person who infringes the conditions, rules and instructions that ANIMA establishes on the Website or through the violation of the Website’s security systems.
Nevertheless, ANIMA declares that it has implemented all the measures necessary, within its possibilities and the state of the art to guarantee the proper functioning of the Website and to prevent the occurrence and transmission
of viruses and other harmful components to Users.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law or which could involve an infringement of intellectual and/or industrial property rights, he must notify ANIMA immediately so that it can proceed to take the appropriate measures.
8. LINKS
8.1 Links to other webpages
In the event that the User may find links on the Website to other web pages by means of different buttons, links, banners, etc., these will be managed by third parties. ANIMA has neither the power nor the human or technical resources to know, control or approve all the information, content, products or services provided by other websites to which links may be established from the Website.
Consequently, ANIMA will not be responsible for any aspect relating to the website to which a link may be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general. In this regard, if a User
has knowledge of the illegal nature of activities developed through these third-party websites, he must immediately inform ANIMA for the purpose of then proceeding to disable the access links to these webpages. The establishment of any type of link from the Website to another third-party website does not imply that there is any type of
relationship, collaboration or dependence between ANIMA and the party responsible for the third-party website.
8.2 Links on other Web pages to the Web Site
If any User, entity or website wishes to establish any type of link to the Website, they must abide by the following
clauses:
The link may only be directed to the Home Page of the Website, unless expressly authorised in writing by ANIMA.
The link must be absolute and complete and it must take the User, with one click, to the URL address of the Website itself and must completely cover the entire screen of the Website’s Home Page. Under no circumstances, unless
expressly authorised in writing by ANIMA, may the Website providing the link reproduce the Website in any way,
include it as part of its Website or within one of its frames or create a browser on any of the pages of the Website.
On the webpage where the link is established, it will not be possible in any way that ANIMA has authorised said link, unless ANIMA has done so expressly and in writing.
If the entity that makes the link from its page to the Website correctly wishes to include the brand, name, commercial name, sign, logo, slogan or any other type of identifying element of ANIMA and/or the Website on its webpage, they must previously obtain express written authorisation from ANIMA.
ANIMA does not authorise the establishment of a link to the website from websites which contain material, information or content which is illicit, illegal, degrading, obscene or, in general, which contravenes morality, public order or generally accepted social norms.
ANIMA does not have the power or the human and technical resources to know, control or approve all the
information, content, products or services provided by other websites that have established links to the Website. ANIMA will not be responsible for any aspect relating to the website that establishes a link to the Website,
specifically, but not limited to, its functioning, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its contents, in general.
9. COOKIE POLICY
The Cookie policy of the Website is determined by the provisions of the Cookie policy document.
10. PRIVACY POLICY
The Privacy Policy of the Website is determined by the provisions of the Privacy Policy document.
11. DURATION AND MODIFICATION
ANIMA may modify the Terms and Conditions of Use stipulated herein, in whole or in part, by publishing any change in the same form in which this Legal Notice appears or through any type of communication addressed to Users. The temporary validity of this Legal Notice coincides, therefore, with the time of its publication, until it is totally or partially modified, at which time the modified Legal Notice will come into force. Regardless of the provisions of the specific conditions, ANIMA may terminate, suspend or interrupt access to the contents of the
website at any time without prior notice, without the User being able to claim any compensation whatsoever.
12. GENERAL
The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of the Legal Notice. In the event of any discrepancy between the provisions of this Legal Notice and the particular conditions of each specific service, the provisions of the latter shall prevail. If any provision or provisions of this Legal Notice should be deemed null and void or unenforceable, in whole or in part, by any Court,
Tribunal or competent administrative body, such nullity or unenforceability shall not affect the other provisions of the Legal Notice. The failure of ANIMA to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by ANIMA.
13. APPLICABLE LAW AND JURISDICTION
The relations established between ANIMA and the User shall be governed by the provisions of current Spanish legislation. ANIMA and the User, expressly waiving any other jurisdiction to which they may be entitled, shall submit any disputes and/or litigation to the Courts and Tribunals of the city of Madrid.