Terms and services
General Conditions of Use
Accessing and using the Botania Jewelry portal attributes the status of USER, who accepts, from such access and use, the General Conditions of Use reflected here. These Conditions will apply independently of the General Contracting Conditions that may be mandatory. Therefore, if you do not agree with their content, you must refrain from using the website and the services offered on it. Botania Jewelry may modify, delete, or include new content and/or services, as well as the way they are presented and located, and the conditions of use of the website, with prior notice to the consumer. Accessing and using the contents and services after the entry into force of their modifications or changes implies acceptance of them. Therefore, Botania Jewelry recommends periodically consulting this document and its subsequent modifications.
1. Access and Use Conditions
The website and its services are freely and openly accessible. However, Botania Jewelry conditions the use of some of the services offered on its website to the prior completion of the corresponding form. The user guarantees the authenticity and timeliness of all data communicated to Botania Jewelry and will be solely responsible for false or inaccurate statements. The user expressly agrees to make appropriate use of the contents and services of Botania Jewelry and not use them to, among other things:
a) Spread content that is criminal, violent, pornographic, racist, xenophobic, offensive, promoting terrorism, or, in general, contrary to the law or public order.
b) Introduce computer viruses into the network or perform actions that may alter, damage, interrupt, or generate errors or damage to the electronic documents, data, or physical and logical systems of Botania Jewelry or third parties; as well as hinder other users’ access to the website and its services by massively consuming the computing resources through which Botania Jewelry provides its services.
c) Attempt to access the email accounts of other users or restricted areas of the computer systems of Botania Jewelry or third parties and, if applicable, extract information.
d) Violate intellectual or industrial property rights, as well as violate the confidentiality of information from Botania Jewelry or third parties.
e) Impersonate another user, public administrations, or a third party.
f) Reproduce, copy, distribute, make available, or publicly communicate, transform, or modify the contents unless authorized by the owner of the corresponding rights or it is legally permitted.
g) Collect data for advertising purposes and send any kind of advertising and sales communications without prior request or consent.
All the contents of the website, including texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work owned by Botania Jewelry. No rights of exploitation over them are considered transferred to the user beyond what is strictly necessary for the correct use of the website.
In essence, users who access this website can view the contents and, if necessary, make authorized private copies, provided that the reproduced elements are not subsequently transferred to third parties, not installed on servers connected to networks, and not subject to any kind of exploitation.
Likewise, all trademarks, trade names, or distinctive signs of any kind appearing on the website are the property of Botania Jewelry. The use or access to the website does not imply that the user is granted any rights over them.
The distribution, modification, assignment, or public communication of the contents, and any other act that has not been expressly authorized by the holder of the exploitation rights, are prohibited.
The establishment of a hyperlink does not imply, in any case, the existence of relationships between Botania Jewelry and the owner of the website on which it is established, nor the acceptance and approval by Botania Jewelry of its contents or services. Those who intend to establish a hyperlink must request written authorization from Botania Jewelry. In any case, the hyperlink will only allow access to the home page or homepage of our website. It must also refrain from making false, inaccurate, or incorrect statements about Botania Jewelry or including content that is illicit, contrary to good customs, and public order.
Botania Jewelry is not responsible for the use that each user gives to the materials made available on this website or for the actions they take based on them.
2. Exclusion of Warranties and Liability
The content of this website is of a general nature and serves a purely informative purpose, without fully guaranteeing access to all content, nor its completeness, correctness, validity, or timeliness, nor its suitability or usefulness for a specific purpose. Botania Jewelry excludes, to the extent permitted by the legal system, any liability for damages of any kind arising from:
a) The impossibility of accessing the website or the lack of truth, accuracy, completeness, and/or timeliness of the content, as well as the existence of defects of all kinds in the content transmitted, disseminated, stored, made available, or accessed through the website or the services offered.
b) The presence of viruses or other elements in the content that may cause alterations to the computer systems, electronic documents, or user data.
c) Non-compliance with laws, good faith, public order, traffic customs, and this legal notice as a result of the incorrect use of the website. In particular, and by way of example, Botania Jewelry is not responsible for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honor, personal and family privacy, and one’s own image, as well as regulations on unfair competition and illicit advertising.
Likewise, Botania Jewelry disclaims any responsibility for information that is outside of this website and is not directly managed by our webmaster. The purpose of the links on this website is solely to inform the user about the existence of other sources that may expand the content offered on this website. Botania Jewelry does not guarantee or take responsibility for the operation or accessibility of linked sites; nor does it suggest, invite, or recommend visiting them, and therefore, it will not be responsible for the results obtained. Botania Jewelry is not responsible for the establishment of hyperlinks by third parties.
3. Intellectual and Industrial Property
The user acknowledges that all contents of the website, specifically including all information, source code, graphic designs, images, photographs, sounds, animations, software, and texts gathered under the name of the company, are protected by intellectual and industrial property rights owned by the website owner. The reproduction and publication, in whole or in part, of the website, as well as its computer processing, distribution, dissemination, modification, transformation, or decompilation, and any other rights legally recognized to its owner, are not allowed without the prior written permission. The user, solely and exclusively, may use the material appearing on this website for personal and private use, and its use for commercial purposes or engaging in illicit activities is prohibited. All rights derived from intellectual property are expressly reserved by Botania Jewelry. Botania Jewelry will ensure compliance with the aforementioned conditions and the proper use of the contents presented on its web pages, exercising all civil and criminal actions that correspond in case of infringement or non-compliance with these rights by the user.
4. Personal Data Protection
In compliance with current legislation, as established in Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), aimed at ensuring and protecting, regarding the processing of personal data, the freedoms and fundamental rights of individuals, especially concerning their honor and personal privacy, Botania Jewelry informs users that it has adopted the technical and organizational measures in accordance with current regulations. The collection and automated processing of Personal Data aim to maintain the contractual relationship, if established, with the company’s name, as well as to perform tasks related to information, training, marketing (the latter always identified as such), and other activities inherent to the company. Botania Jewelry has implemented security levels appropriate to the data provided, and, furthermore, all technical means and measures at its disposal have been installed to prevent the loss, misuse, alteration, unauthorized access, and theft of the data provided. Users may, at any time, exercise the rights recognized by the LOPD, including access, rectification, cancellation, and opposition.
5. Various
Botania Jewelry may modify, without prior notice, the information contained on its website, as well as its configuration and presentation.
Botania Jewelry commits, through this means, not to engage in misleading advertising. For these purposes, formal or numerical errors found throughout the content of the different sections of the company’s website will not be considered as misleading advertising, provided they result from incomplete or defective maintenance and/or updating of the information in these sections. Botania Jewelry, following the provisions of this section, commits to correcting such errors as soon as it becomes aware of them.
Botania Jewelry undertakes not to send commercial communications without identifying them as such, in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce. For these purposes, any information sent to customers of the company will not be considered as commercial communication, provided it aims to maintain the existing contractual relationship between the customer and the company, as well as to perform tasks related to information, training, and other activities inherent to the service contracted by the customer with the company.
Botania Jewelry is not responsible for any breach of applicable regulations that the user may incur in accessing the company’s website and/or using the information contained therein. Botania Jewelry will not be responsible for damages that may result, of any nature, arising from the use of the information, materials contained on this website, and the programs it incorporates. Links and hypertext that allow the user to access third-party services and offerings through the company’s website do not belong to or are not under the control of the company; the company is not responsible for the information contained therein or any effects that may arise from such information.
Botania Jewelry is not responsible for the illegitimate use that third parties may make of brand names, product names, trademarks that, not being the property of the entity, appear on the company’s website. It is also not responsible for the integrity, accuracy, and legality of the content of links to websites that can be accessed from the company’s website.
Botania Jewelry is not responsible for viruses originating from telematic transmission infiltrated by third parties (e.g., text processor macros, Java applets, and ActiveX programs) generated with the purpose of causing negative results for a computer system.
Ultimately, the user is solely responsible for the use of the services, content, links, and hypertext included on the company’s website.
6. Modifications
Botania Jewelry reserves the right to modify or update the content of its website at any time without prior notice.
7. Notifications
Any notification may be addressed in writing to Botania Jewelry, at the registered office indicated in the header of this legal notice. It can also be made by sending an email to the address info@botaniajewelry.com.
8. User Consent
The user declares to have read the following legal notice, fully and expressly accepting everything provided in each of its sections.
These General Conditions will be governed by Spanish law. For any issues that may arise between the parties, they expressly agree to submit to the jurisdiction of the Courts and Tribunals of Madrid. Sales made through the portal www.botaniajewelry.com will be governed by Spanish law. In the event of disagreement and different interpretation of the Purchase Conditions, disputes will be submitted to the Courts and Tribunals of the consumer’s domicile.
