Legal
Information

1. Legal information and acceptance
These provisions govern use of the Internet portal service (hereafter, the ‘Portal’) which CREACIONES NICOLAS S.L. (hereafter, CREACIONES NICOLAS) makes available to Internet users. CREACIONES NICOLAS has its registered office at Calle Daniel del Olmo Gonzalez no. 18, Valladolid, Spain. Telephone +34 983 45 74 62. Access to the webpage is free except for connection via the telecommunications network provided by the Internet Service Provider (ISP) contracted by the user. Certain services are exclusive to our customers and access to these is restricted. Anyone accessing the Portal becomes a Portal User (hereafter, ‘User’) and implies acceptance of all the conditions included in this Legal Notice. Service provision from the Portal has a limited duration once the User is connected to the Portal or any of the services offered on it. Therefore, the User must read this Legal Notice carefully each time they intend to use the Portal because the conditions for use it contains are liable to modification. Some of the Portal services that are accessible to Internet users or exclusive to CREACIONES NICOLAS customers may be subject to specific conditions, rules and instructions that, where necessary, will substitute, complete and/or modify this Legal Notice and must be accepted by the User before starting to use the corresponding service.
2. Intellectual and industrial property.
All the Portal contents, including, but not limited to, texts, photos, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as the graphic design and source code (hereafter, the ‘Contents’), are the intellectual property of CREACIONES NICOLÁS or third parties authorized by CREACIONES NICOLÁS, and the User is not awarded any of the rights for exploiting said Contents that are recognized by current legislation in matters of intellectual property, except those that are strictly necessary when using the Portal. Brands, trademarks or distinguishing signs are the property of CREACIONES NICOLÁS or authorized third parties, and access to the Portal cannot be understood as transferring any rights over said brands, trademarks or distinguishing signs.
3. Conditions of use for the Portal
3.1. General
The User must use the Portal correctly, in compliance with current Law and this Legal Notice. The User is answerable to CREACIONES NICOLÁS or third parties for any damages the User may cause as a result of non-compliance with the above obligation. It is expressly prohibited to use the Portal in any way detrimental to the goods and interests of CREACIONES NICOLÁS or third parties, or in any way that may overload, damage or disable the networks, servers and other computer hardware or software products and applications of CREACIONES NICOLÁS or third parties.

3.2. Contents
The User agrees to use the Contents in accordance with current Legislation and this Legal Notice, and any other conditions, regulations and instructions that, where necessary, are applicable in compliance with what is stated in clause 1. The User, in accordance with current legislation, must abstain from the following, which is an illustrative and not definitive list: Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the contents except in those cases authorized by law or with express permission from CREACIONES NICOLAS or whosoever is the legal owner of the rights for use in each case; Reproducing or copying for private use the Contents that can be considered to be Software or Database, in compliance with current legislation on matters of intellectual property, and also public communication or provision to third parties when such acts would necessarily imply reproduction by the User or a third party; Extraction or re-use of all or substantial part of the Contents included in the Portal and the databases that CREACIONES NICOLÁS makes available to Users; Using the Contents and in particular the information obtained via the website to send publicity or messages of a commercial nature, or to store personal data of third parties.

3.3. Data collection form
Without prejudice to what is given in clause 5 of this Legal Notice, and in the privacy policies that can be accessed from this Portal and could be applicable at any time, the use of determined services or requests directed at CREACIONES NICOLÁS are conditional on prior completion of the corresponding User registration. All information that the User provides by means of the forms on the Portal to this effect or any other must be truthful. To this effect, the User guarantees the authenticity of all data they provide and will keep information given to CREACIONES NICOLÁS fully updated so that the data, at all times, responds to the User’s real situation. The User will, at all times, be the only person responsible for false or inexact statements given by them and for the damage caused to CREACIONES NICOLAS or third parties by the data they provide.

3.4. Introduction of links to the Portal
Any Internet user who wishes to introduce links from their own websites into the Portal must comply with the conditions given below, ignorance of which will be no defence in law: The link must only connect to the home page or main page of the Portal, but must not reproduce it in any way (online links, copies of texts, graphics, etc.). It will, under all circumstances, be prohibited, in compliance with current applicable legislation, to establish frames of any type that contain the Portal or allow the Contents to be viewed through Internet addresses other than that for the Portal itself and, in all events, when they are viewed jointly with contents from outside the Portal in any way that: (I) produces, or could produce, error, confusion or deceit for users about the true origin of the service or Contents; (II) is an act of comparison or disloyal imitation; (III) is used to take advantage of the reputation of the brand and prestige of CREACIONES NICOLÁS; or (IV) is in any other way prohibited by current legislation. The page that includes the link will not make any type of false, inexact or incorrect claim about CREACIONES NICOLÁS, their partners, employees or clients, or about the quality of the services they provide. In no case, will the page containing the link claim that CREACIONES NICOLÁS have given consent for the insertion of the link or that they in any other way, sponsor, collaborate with, check or supervise the services of the linking page. It is prohibited to use any distinguishing brand, graphic or mixture, or any other distinctive sign for CREACIONES NICOLAS on the linking page except in those cases permitted by law or expressly authorized by CREACIONES NICOLÁS and always permitting, in these cases, a direct link to the Portal in the way laid out in this clause. The page establishing the link must faithfully comply with the law and will, under no circumstances, have available or link to their own contents or those of third parties that: (I) are illegal, harmful or against public morals and decency (pornographic, violent, racist, etc.); induce or are capable of inducing misconception in the User that CREACIONES NICOLÁS subscribes, supports, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the linking page; (III) are unsuitable or not pertinent to the activity of CREACIÓN NICOLÁS with regards location, contents or subject matter of the linking page.
4. Exclusion of liability
4.1. For data
Access to the Portal does not imply any obligation on the part of CREACIONES NICOLÁS to check the truthfulness, accuracy, adaptation, suitability, thoroughness or currency of the information supplied through it. CREACIONES NICOLÁS is not liable for any decisions taken using the information provided on the Portal, or for the damages caused to the User or third parties due to actions that have a single basis in the information obtained from the Portal.

4.2. For service quality
Access to the Portal does not imply any obligation on the part of CREACIONES NICOLAS to monitor for the absence of virus, worms or any other harmful computer-based element. It is the User’s responsibility, in all events, to have suitable tools available for detecting and disinfecting harmful computer programs. CREACIONES NICOLÁS is not liable for the damage caused to computer equipment of the User or third parties during the provision of service by the Portal.

4.3. For service availability
Access to the Portal requires services and supplies from third parties, including emission through telecommunication networks whose reliability, quality, continuity and operation do not correspond to CREACIONES NICOLÁS. Consequently, services provided through the Portal may be suspended, cancelled or become inaccessible, before or during provision of the Portal’s service. CREACIONES NICOLÁS is not liable for damages of any type caused to the User that are due to faults or disconnections in the telecommunications networks that produce suspension, cancelation or interruptions of the Portal service during provision of this or beforehand.

4.4. For contents and services linked to from the Portal
The access service at the Portal includes technical linking devices, directories and even search engines that allow the User to access other pages and portals on the Internet (hereafter, ‘Linked Sites’). In such cases, CREACIONES NICOLÁS acts as an intermediary service provider in accordance with article 17 of Spanish Law 34/2002, of 12th July on e-Commerce and Information Society Services (LSSI) and will only be liable for the contents and services supplied by the Linked Sites insofar as they have effective knowledge of the unlawfulness or have not deactivated the link with due diligence. Should the User consider that there is a Linked Site with unlawful or unsuitable contents, they can inform CREACIONES NICOLÁS in accordance with the procedure and effects laid out in clause 6, although in no case will this information bear with it any obligation to remove the corresponding link. In no case will the existence of Linked Sites pre-suppose the existence of agreements with those owning or responsible for them, or the recommendation, promotion or identification of CREACIONES NICOLÁS with claims, contents or services provided. CREACIONES NICOLAS is unaware of the contents and services of the Linked Sites and is therefore not liable for any damage caused by their unlawfulness, quality, currency, unavailability, error or uselessness of the contents and/or services of the Linked Sites, or for any other damage that cannot be directly attributed to CREACIONES NICOLÁS.
5. Protection of personal data
5.1. Inclusion of data in a file
Data gathered by means of the Portal’s data collection forms will be included in an automated personal data file for which CREACIONES NICOLÁS is responsible. This body will handle data confidentially and with the exclusive aim of managing the relationship with its customers and promoting the group’s activities. Likewise, CREACIONES NICOLÁS will cancel, erase and/or block data when they are inaccurate, incomplete or have ceased to be necessary or pertinent to their aim, in compliance with what is laid out in the legislation on matters of data protection. By pressing the ‘send’ button of the corresponding form, the User expressly consents that their data can be used for sending commercial correspondence by email or any other medium. However, the User can oppose the sending of this correspondence by ticking the box to this effect that appears on each form. Likewise, each commercial correspondence sent will expressly indicate the procedure in operation to stop any new correspondence being sent. In the data collection forms, the fields with an asterisk are obligatory, which means that if the User does not provide the corresponding data, CREACIONES NICOLÁS will have full discretion to deny the corresponding service. The aims of the file are: I. The development, fulfilment and execution of the sales contract for products the User has acquired or any other contract between both parties; II. Deal with the requests made to the Portal; III. Provide information about products from CREACIONES NICOLÁS or other companies in the CRENI Group (whose activities are related to the textile sector, finished garments or any other products that are accessories to these), including, in relation to said products, the sending of commercial correspondence by email or any other equivalent means of electronic communication (such as SMS) and by making phone calls.

5.2. Sending in a C.V.
C.V.s and job applications that are received through the forms, email addresses or links on this page will be included in the CREACIONES NICOLÁS human resources file, which is duly registered at the Spanish Data Protection Agency (AEPD), and may be used in recruitment processes in any of the companies belonging to the group.

5.3. Rights of access, rectification, cancellation and opposition
The user can revoke their given consent and exercise their right to access, rectification, cancellation and opposition by written, signed application sent to the following address CREACIONES NICOLAS, Calle Daniel del Olmo González no. 18, 47008, Valladolid, Spain. This application must contain the following details: name and surname of the User, home address for notifications, photocopy of National ID document or Passport, and specific request being applied for. If representation is made, then the same details must be provided in a certified document.

5.4. Adoption of security measures
CREACIONES NICOLAS adopts the levels of security required by the Regulation on Security Measures passed in Royal Decree 1720/2007 of 21 December. Notwithstanding the foregoing, technical security on a medium such as the Internet is not impregnable and there can be leaks by fraudulent acts of third parties.

5.5. Use of cookies
CREACIONES NICOLAS will be able to use cookies during service provision on the Portal. Cookies are automatic procedures for collecting data regarding specific user preferences during their visit to a specific webpage. This information is recorded in small files that are imperceptibly stored on the corresponding user’s computer equipment. Each time the user returns to the website in question, these files are automatically activated so that the site is configured with the preferences stated in previous visits. In short, cookies are physical files containing personal information stored on the user’s terminal and unmistakably associated with that terminal. Cookies cannot read cookies provided by other providers. The User has the ability to configure their web browser to stop the creation of cookies or to be warned when this takes place. The Portal is accessible without the need to have cookies options activated, although this may hinder proper operation of the security mechanisms for exclusive services or certain services that require greater security. We do not store sensitive information for personal identification such as addresses, passwords or credit card details in the cookies we use. As a rule, the aim of the Portal’s cookie files is to facilitate User navigation.

5.6. Personal data of minors
CREACIONES NICOLAS will not gather, use or communicate, knowingly, personal details of minors under the age of 18 without prior consent of their legal parent or guardian, given through direct contact, off line. We provide the responsible person with (i) notification of the exact type of data obtained from the minor, and (ii) the possibility to oppose the gathering, use or storage of those data in the future. CREACIONES NICOLÁS complies with the Convention of 20th November, 1989 on the Rights of Children, adopted by the United Nations General Assembly, and Spanish Organic Law 1/1996 of 15th January on Legal Protection of Minors, passed by the Spanish Parliament, and legislation of a similar nature passed in other countries for the protection of minors.
6. Contacting Creaciones Nicolás
In order to make any enquiry, to express any complaint regarding our compliance with this Privacy Policy, or to communicate any suggestions or comments to improve the quality of our Privacy Policy, please contact us by phoning +34 983 45 74 62. We constantly strive to improve the tools available to you for managing the data you provide to us. We advise you to visit this page from time to time in order to find out about these and other new provisions.
7. Communication of illegal or inappropriate activities
Should the User or any other Internet user discover that Linked Sites link to pages whose contents or services are illegal, harmful, degrading, violent or against public morals, they can contact CREACIONES NICOLÁS by giving the following points: Personal details of the sender: name, address, telephone number and email address; Description of the facts that have revealed the illegality or inappropriateness of the Linked Site; If rights are violated, such as intellectual and industrial property rights, the personal details of the owner of the infringed rights if this is someone other than the sender. Clear statement that the information provided in the complaint is accurate. Receipt by CREACIONES NICOLÁS of complaints of the type described here does not presuppose, according to the LSSI, effective knowledge of the activities and/or contents indicated by the sender.
8. Legislation
This Legal Notice is governed in all and each of its points by Spanish Law.
9. Submission to competence clause
Should any controversy exist over compliance of these conditions agreed between contracting parties, it will be subject to the competence of the Courts of Valladolid, except for what is laid down for consumers and users in Royal Legislative Decree 1/2007, of 16th November, which passes the adapted text of the General Law for the Defence of Consumers and Users and other complementary laws.
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