SHAKIRA PERFUMES WEBSITE TERMS AND CONDITIONS OF USE
1. Company information
Welcome to our website www.shakiraperfumes.com (the "Website").
The Website is managed by the Spanish company ANTONIO PUIG S.A., (“APSA”) with registered address at Plaça Europa, 46-48 08902 Hospitalet de Llobregat (Barcelona), holder of Tax Identification Number B-64.797.129, recorded with the Commercial Registry of Barcelona at volume 40.696, folio 197, sheet number B-371.911.
Contact email address: [email protected]
The Website’s publication director is Jesús Moreno.
The Website is hosted by Reseller Group Networks S.L., a company registered in Spain, whose head offfice is located at Passeig Nicolau 19, 43340 Montbrio del Camp.
Telephone number: +34902888354
3. Access to the Website
These terms and conditions of use (the “Terms and Conditions of Use”) govern the access and use of the Website. Accessing and using the Website, as well as purchasing any products available on www.shakiraperfumes.com imply the consumer read these Terms and Conditions of Use and accepts these without any reservations. To access and use this Website you must be 18 or older. If you are under 18, your parents' prior authorization shall be required.
We would request that the users read these Terms and Conditions of Use prior to any use of the Website, since they may be adapted and/or amended by Company at any time. If the user does not accept them, we would request that the user refrains from using the Website and its content.
If you need any help or any additional information, you can contact our customer service writing to [email protected]
4. Use of the Website
The use of all or any part of the Website, including the display of the web pages and any communication with the Company, the possibility to download product information and the purchase of said products through the Website, must be carried out as part of a personal use only. Any use, copy, transfer or representation of the Website for any other purposes than a personal use is prohibited.
At any time, the Company may modify or simply update all or any part of these Terms and Conditions of Use. Any modification or update of these Terms and Conditions of Use shall be notified on the homepage of the Website upon their adoption and shall apply as soon as they are made available in this section of the Website. The Company shall implement every effort to ensure all information provided on the Website is accurate and up to date. However, the Company cannot guarantee the absence of errors in its contents nor that the latter are systematically updated.
Furthermore, the Company may not be held liable:
- for any interruption of the Website (in particular as regards maintenance, security or technical constraints);
- for any occurrence of bugs;
- for any inaccuracy or omission bearing on information available on the Website;
- for any damage resulting from the fraudulent intrusion of a third-party leading to any changes in the information made available on the Website;
- and more generally, for any direct or indirect damage, whatever the causes, nature or consequences, including any costs resulting from the purchase of goods available on the Website, loss of profit, customers, data, or any other loss of intangible assets that may occur due to any person's access to the Website, or the impossibility to access it, or resulting from the credit given to any information originating directly or indirectly from it.
Users are entirely liable for accessing the Website as well as for any use that may be made with the information contained on the Website. Company disclaims any liability for all and any damage and/or harm that may result directly or indirectly from the access and/or use on the information contained on the Website.
In addition, users shall be held liable for all and any damage or harm that Company may suffer due to their failure to fulfill any obligations to which they are bound under these Terms and Conditions of Use and/or the legislation applicable to the use of the Website.
6. Intellectual Property Rights
All intellectual property rights over designs, databases, subjacent computer programs (including source code), and the various elements that comprise the Website (including but not limited to text, graphics, photographs, videos, sound recordings and/or color combinations) (“Content”), as well as their structure, selection and order, belong to the Company and/or, where applicable, its licensors. As regards the distinctive symbols included on the Website (trademarks and trade names), the same also belong to the Company and/or its licensors.
The use of the Website by the user shall not imply the transfer of any intellectual property rights over the Website and/or the Content.
The user is only authorized to view and obtain a temporary private copy of the Content for personal and private use in their computer systems (software and hardware) and not assigned to third parties. With the above exception, pursuant to these Terms and Conditions, it is expressly forbidden to the user the reproduction, transformation, distribution, public communication, public disposal, extraction, reuse, forwarding and/or use of any nature by any means or procedure, of any Content and/or trademarks of the Company, except where it is legally permitted or authorized expressly and in writing by the Company and/or its licensors.
By way of example but not limited to it, the user is not authorized to:
- Use the information contained on the Website for the purpose of developing commercial activities or professional nature (direct sales or any other commercial purpose as well as marketing in any way with this information).
- Delete, avoid or manipulate the copyright and other identifying data of the Company rights, as well as any protection mechanisms.
- Disassemble, decompile or invert the databases in which Website’s information is stored.
- Modify the software or use modified software versions, and in particular – without this list being limiting – in view of obtaining unauthorized access to the service and accessing the Website through any other means than the interface made available to you by the Company for that purpose.
- Copy, modify or create any derivative work, reverse engineer or disassemble, or otherwise attempt to locate the source code (excluding the cases provided for by law), sell, assign, sub-license or transfer in any way whatsoever any rights pertaining to the software.
Unauthorized use of the content of this Website and any damage caused to the Company’s intellectual property rights may result in the Company taking whatever action to which they may be entitled by law, and in any liabilities that may arise thereof.
7. Assignment of Image Rights
In case the user participates in any online contests organized by the Company on the Internet (Website, micro-site, Facebook, Instagram, etc.), in which the user (as participant) is required to upload Images (photos, videos, drawings, etc.), the following shall apply to the use. By participating to the online contests and uploading Images, the user represent that he is aware and agree with the following.
The user undertakes not to upload Images that are not original and/or are not recorded by them or that infringe law or rights of third parties (specially, copyrights, trademarks, and/or privacy, honor and image rights). For these purposes, each participant/user declares that he/she owns all the rights regarding the Images and, as the case may be, has obtained the relevant express consent of the people appearing in the Image for its free of charge spreading in any media and/or territory and for indefinite term.
The Company shall not be held liable, in any event, of the infringement of the above-referred obligations nor any damages and/or prejudices arisen from said infringement. Each participant/user recognizes that the Company has fully rights to assign the use of the Images in any form whatsoever, as well as for any commercial purpose related (including but not limited to, advertising, marketing, promotions, merchandising and/or exploitation of the relevant contest, wholly or in part).
Participants/users expressly authorize the Company and its licensors to reproduce, communicate or distribute, adapt and transform the Images, for free, on the Company’s websites and official social networks including without limitation Shakira official Instagram and Facebook and any other social networks accounts of the Company’s affiliates and/or subsidiaries; websites of authorized retailers and/or any social networks of any influencer authorized by the Company, in any media an territory, all over the world, for the maximum period of time permitted by law.
The user/participant is aware that the putting the Images on the social networks implies the application of the general usage conditions of said social networks, in particular, the right of sub-licensees attributed to the social networks and to the users of the social networks. The Company will in no event be liable for the reproduction, processing, exploitation and conservation of the Images or of a part of the Images by social networks or by social networks’ users according to the general usage conditions of the social networks. The Company cannot be held responsible for the reproduction, processing, exploitation and conservation by social networks’ users in the general usage conditions of the social networks of the images throughout the corresponding contest term and after its expiry. For the sake of clarity, the participants/user hereto acknowledge and agree that the Company shall not in any event be responsible for deleting/removing the Images uploaded during the term of the corresponding contest on the social networks.
Likewise, without prejudice to the terms and conditions of the corresponding social network (e.g. Instagram, Facebook, etc.), each user/participant authorizes the other participants and/or any third party related to the corresponding contest to access and view for free the Images.
In any event, the Company is entitled to remove any image, without obligation to give prior notice to the participant/user, when it considers that the image infringes any law, rights of third parties and/or it is not adapted to the contest’s nature and/or the image and reputation of the Company, its licensors and/or its products. The Company shall be entitled to deny and refuse any image unilaterally considered that is racist, sexist, violent or inappropriate in general.
The Company and its licensors shall not be held liable for the improper and/or fraudulent use of the Image or modifications and/or alterations of the Image made by any third parties.
a) Links to the Website
Third parties who intend to include on a Website (“Linking Site”) a link that redirects to the Website must obtain the prior written consent of the Company.
Under no circumstances may the authorization granted by the Company be construed as any endorsement, promotion, guarantee, supervision and/or recommendation of the content and/or services of the Linking Site or as responsibility for its content.
The Linking Site must comply with the legislation in force and shall not, under any circumstances, host any content, of its own or belonging to third parties, that: (i) is illicit, harmful or contrary to morals and good manners (including but not limited to pornographic, violent, racist and/or slanderous); and/or (ii) is inappropriate or irrelevant in relation to the Shakira brands.
In the event of breach of any of the aforementioned terms, the Company shall, with immediate effect, revoke the authorization granted to the Linking Site, which must remove the link without delay.
b) Links to other Websites
The Website may contain hypertext links ("Linked Sites") towards other websites which are not related to the Website in any way whatsoever. The Company has no control over these types of websites and their content, nor does it implement any "monitoring" activities as regards them. The Company cannot be held liable for the content of these websites, nor for the rules adopted by the latter as regards your privacy and the management of your personal data while you navigate.
We therefore advise you to be extremely cautious whenever you connect to these websites through the links contained on www.shakiraperfumes.com and carefully read their conditions of use and privacy rules.
The Website may sometimes provide links towards other websites only in order to help its own users/visitors in their search and navigation, as well as facilitate internet hypertext connections towards other websites. The activation of the links does not imply any access and navigation recommendations or advice from the Company as regards these websites, nor any guarantee as regards the content, services or goods provided by them and sold to internet users.
9. Disclaimer as Regards the Content
The Company has implemented every precaution in order to avoid the publication on the Website of any content describing or representing scenes or situations of physical or psychological violence, or likely to be considered as prejudicing personal beliefs, human rights and dignity, in whatever form or mode of expression, according to the sensitivity of users of shakiraperfumes.com.
In any case, the Company does not guarantee the content of its Website is appropriate or licit in any other country than Spain.
Therefore, should such content be considered as illicit or illegal in certain countries, we urge you to refrain from accessing our Website, and should you choose to access it anyway, we inform you that the use you decide to make of the services offered by the Website shall then be under your sole and personal responsibility.
The Company cannot guarantee its users that the Website shall operate continuously, without interruption, errors or dysfunctions due to the Internet connection.
The content of this Website may include inaccuracies or typographic errors. The Company may not be held liable for any inaccuracy or error. Although the Company implements every effort to display the correct texts, images and prices in its e-shop, mistakes may occur. The Company cannot be held liable for any damage caused by the use of the Website. The Website and the information and articles included therein may be modified at any time, without any further notice or prior warning being necessary.
10. Governing Law – Jurisdiction
These Terms and Conditions of Use are submitted to Spanish law, without prejudice to the application of mandatory rules of the user’s country of residence. Barcelona courts shall be competent as regards any claim arising from a visit to the Website or linked to it, without prejudice however to any rights you may have, as a consumer buying products on our Website, under applicable law and in particular Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, of 12 December 2012.
Last update: January 2020