Legal information and acceptance
The following regulation rules the use of the Internet platform service (from now on "Platform") that the company Zapateli SL (from now on, Eli 1957) makes available to the Internet users. Eli 1957 is a Spanish limited liability company and open-ended duration, addressed at Autovía Levante, km 53 (service road) 03400 Villena, Alicante. For any kind of communication you can contact us on the phone number (+34) 965 341 212 or through our email address info@eli1957.com.
The access to the website is free except in relation to the connexion cost through the telecommunication network that is provided by the Internet supplier hired by the users. The web has restricted areas that are of exclusive use of the registered clients. Only those clients that are registered on the Platform, will have access to this exclusive area on the Web. The use of the Platform confers the condition of a user of the Platform (from now on, the "User") and implies the acceptance of all the conditions included on the "Privacy Policy" that is valid on this web address. The benefits of the service of the Platform have a limited duration to the moment the User is connected to the Platform or to any of the services the Platform facilitates.
Therefore, the User must carefully read the current Privacy Policy in each of the occasions he/she intends to use the Platform, as the conditions in the current Privacy Policy can suffer modifications.
Intellectual and Industrial Property
https://eli1957.com is the Website that belongs to Eli 1957, through which it offers a variety of information services and online sales of products to its visitors. By visiting and using the Website, you accept the fact that the owner reserves the right to modify or suspend the available pages, the Website, or to temporarily or permanently delete the pieces of information it has offered, at any time, without any previous warning and without any kind of responsibility with the Users.
Therefore, you accept that Eli 1957 has no kind of responsibility about the deletion of pieces of information, failures in its storage, inaccuracy of the contents and other circumstances relative to the information in its website. All the contents of the Website, and in expository manner we understand they are the texts, the photographs, the graphics, the images, the icons, the signs, the technology, the software, the links and whatsoever audio-visual and audio contents, as well as its graphic design and source code (from this point on, the “Contents”), are intellectual property of Eli 1957 or from third parties (where Eli 1957 has been previously authorized for its use), action that does not proceed to transfer to the User any of the rights of use recognized by the current regulation in matters of intellectual property about them, barring those strictly necessary for the use of the Website.
The access to the Website does not attribute in any case any rights over the brands, commercial names and/or distinctive signs that appear in it.
Conditions of use of the Website
3.1 General
The User commits himself/herself to a correct use of the Website in consent with the applicable laws and the current Privacy Policy. The User will respond to Eli 1957 or in front of third parties, of whatever damages that could be caused as a consequence of the unfulfilment of such obligation.
Additionally, the User, in any orders of products that he/she makes through the Website, is subject to the current conditions at each moment. The User obliges himself/herself to obey the established conditions at each moment.
It is expressly forbidden to use de Website with goods or interests detrimental purposes of Eli 1957 or of third related parties. Or in any other way that could overload, damage, destroy or render the network, servers, computer equipment (hardware) or products and computer applications (software) useless, of Eli 1957 or third related parties.
3.2 Contents
The User commits to use the Contents in accordance with the applicable laws, the current conditions, and the present Privacy Policy. Merely in an expository manner, the User, in accordance with the current legislation, must abstain from:
- Reproducing, copying, distributing, putting at disposal, publically communicating, transforming, or modifying the Contents excepting the authorised cases by law or the express permission by Eli 1957 or by whom has the ownership of the exploitation rights if it is the case.
- Reproducing or copying for private use the Contents that can be considered as Software or Database in accordance with the current legislation in matters of Intellectual Property, as well as its public communication or to transfer it to third parties when these acts imply necessarily the reproduction by the User or a third person.
- Extracting and/or reusing the whole or a substantial part of the Contents that composes the platform as well as the database that Eli 1957 shares with the Users.
3.3 Data Collection Questionnaires
Notwithstanding the arrangements in the Clause 5 of the current Privacy Policy, the use of certain services or requests addressed to Eli 1957, can be conditioned to a previous filling in of a pertinent request form by the User. Any information that the User provides through the forms of the Platform to the previous effects or any other effects must be true.
To these effects, the User warrants the authenticity of all the data he/she provides, and will keep this information given to Eli 1957 well updated in order to respond, at any time, to the real situation of the User. In any case the User will be the only responsible of the false or inexact information he/she makes and of the damages he/she causes to Eli 1957 or to third parties by the information he/she provides.
In order to provide the pieces of information to Eli 1957, the User must also have all the authorisations required by the current legislation at all times, being responsible before Eli 1957 and/or a third party, of any contingency that could derive from the absence of authorisation.
3.4 Inclusion of links in the Website
The User who would want to introduce links from their own webpages to our Website will need to meet the conditions that we detail below, nonetheless, the lack of awareness of those conditions do not avoid the responsibilities derived by the Law. The link will just connect the home page or the main page of the website but will not be able to reproduce it in any case (inline links, copying of texts, graphs, etc).
It will be in all cases forbidden, in accordance with the applicable and current legislation at any time, to establish frames of any kind that surround the website or that allow the display of the Contents through different web addresses different to our website, and, in any case, when they are displayed together with external contents to the website so that : (I) it produces, or could produce, errors, confusion or mislead in the users about the true origin of the service or Contents; (II) it produces a comparison or a perfidious imitation act; (III) it serves to benefit from the reputation and prestige of Eli 1957; or (IV) by any other means that is forbidden by the current legislation.
The website that introduces the link will not make any kind of false, inexact or incorrect statements about Eli 1957, its employees, or about the quality of services it provides. Under no circumstances, the website where the link that Eli 1957 has given consent will express that it has given that consent or that by other means it sponsors, collaborates, verifies or supervises the services of the sender.
It is forbidden to use any kind of trademark, graphic or mixed or any other distinctive sign of Eli 1957 within the sender’s webpage, except in the cases allowed by the law or expressly authorized by Eli 1957 and always as long as it allowed, in these cases, a direct link to the website in the form established in this clause.
The website that establishes the link must faithfully obey the law and will not be able in any case to dispose or connect with their own or third parties contents that: I) are illicit, harmful or contrary to morals and good customs; (II) induce or may induce the false conception that Eli 1957 subscribes, supports, adheres or in any way supports, the ideas, manifestations or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of Eli 1957 in attention to the place, content and subject of the website of the sender.
In the event that the User considers that there is a page that provides a link to the Portal with illegal or inappropriate content, he/she may communicate it to Eli 1957, proceeding in these cases Eli 1957 to make the appropriate inquiries, in order to carry out the actions that proceed. In no case, the existence of a link to the Portal must presuppose the existence of agreements with the responsible or owners of the page that provides this link, or the recommendation, promotion or identification of Eli 1957 with the demonstrations, content or services provided.
Eli 1957 does not know the contents and services of these pages, and therefore is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services provided therein, nor for any other damage.
Exclusion of responsibility
4.1 About the quality of the service
The access to the Portal does not imply an obligation on the part of Eli 1957 to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs. Eli 1957 is not responsible for any damage caused to the computer equipment of the Users or third parties during the provision of the Portal service.
4.2 About the availability of the Service
The access to the Portal requires services and supplies from third parties, including transportation through telecommunications networks, whose reliability, quality, continuity and functioning does not correspond to Eli 1957. Therefore, the services provided through the Portal may be suspended, canceled or totally or partially inaccessible, permanently or temporarily, prior or simultaneous to the provision of the Portal service. Eli 1957 is not responsible for damages or losses of any kind caused to the User, which may cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Portal service during the provision of the same or with character previous.
4.3 About the contents and services linked through the Portal
The access service to the Portal includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, 'Linked Sites'). In any case, and in the cases that apply, with respect to the Linked Sites Eli 1957 acts as a provider of intermediation services in accordance with article 17 of the Law 34/2002, of July 12th, on Services of the Society of Information and Electronic Commerce (Servicios de la Sociedad de la Información y el Comercio Electrónico -LSSI), and will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence.
In the event that the User considers that there is a Linked Site with illicit or inappropriate content he or she may communicate it to Eli 1957, proceeding in these cases Eli 1957 to make the appropriate inquiries, in order to suppress or disable, where appropriate, the correspondent link. In no case, the existence of Linked Sites must presuppose the existence of agreements with those responsible or owners of thos Linked Sites, or the recommendation, promotion or identification of Eli 1957 with the demonstrations, content or services provided. Eli 1957 does not know the contents and services of the Linked Sites, since they are updated and modified constantly, and therefore cannot be held responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and/or services of the Linked Sites, nor for any other damage that is not directly attributable to Eli 1957.
4.4 User Responsibility
The User is aware of his/her exclusive responsibility for the use made of the Portal in accordance with this Privacy Policy, exempting Eli 1957 from liability of any kind, of demand or claim, including legal representation fees even if it was not mandatory, that could be filed by a third party, due to or as a result of his/her conduct or his/her connection to this website, the contents offered, his/her violation of this Privacy Policy or any other violation of the rights of another person or party.
4.5 Limitation of general liability
The User understands explicitly and accepts that Eli 1957 shall not be liable for any direct, indirect, extraordinary or incidental damages, including but not limited to, damages for the loss of profits, data or other intangible losses (even if Eli 1957 has notified the possibility of these losses), as a result of: (i) the use or inability to use the Portal, (ii) the cost to obtain replacement of the goods as a result of any operation performed on or through the Portal, (iii) unauthorized access or alteration of the transmission of your data, (iv) the transfer or transmission not authorized by Eli 1957, of personal data made by the User or by any third party, or (v) any other circumstances. Likewise, it is expressly stated that Eli 1957 does not offer guarantees, implicit or explicit, regarding the non-interruption of access to the Portal, the lack of errors, the absence of viruses, punctuality, security, accuracy, trust, in any quality as well as the need for any content to be secure in any way. The user accepts that this privacy policy may suffer modifications that will be subject to adequate publicity in the Portal.
Personal Data Protection
Eli 1957, will treat your right to privacy with the utmost diligence and wants you to feel comfortable navigating its website. Consequently, and in accordance with the provisions of the Organic Law on Data Protection 15/1999, you are informed that the data that can be collected through the data collection forms of the Portal will be incorporated into an automated file of personal data for which Eli 1957 is responsible.
This entity will treat the data confidentially and exclusively for the purpose of managing the relationship with its customers and/or users, and promoting and/or marketing the products of Eli 1957. Likewise, Eli 1957 will cancel, erase and/or block the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of the legislation on data protection. By clicking on the 'send' button of the corresponding form, the User expressly consents that their data may be used for the provision of the requested service, and for the sending of commercial communications by Eli 1957, by email or by any other means.
The user may receive commercial communications once he/she has given his consent to that effect. The user may revoke at any time the consent given to the receipt of commercial communications. Users may revoke the consent and exercise rights of access, rectification, cancellation and opposition to that effect to the address given in clause 1. L and C adopts the security levels required by Law 15/1999, of December 13 for the protection of personal data (LOPD) and by Royal Decree 1720/2007 of December 21, which approves the Regulations for the development of the LOPD. In addition, Eli 1957 has an internal policy of privacy and treatment of personal data, suitable to achieve adequate levels of protection of the data provided by users, in accordance with current legislation. Notwithstanding the foregoing, technical security in a medium such as the Internet is not impregnable and there may be leaks due to fraudulent actions by third parties.
The processing of personal data is subject to the principle of quality and purpose of the data, so Eli 1957 will only request the data strictly necessary for the effective provision of the services required by users through the Portal. Regarding the personal data that the User, by browsing the Web pages of the Portal, can provide Eli 1957 for any reason, the User is warned that he/she will have to have all the relevant authorizations, in accordance with the current legislation, to be able to make such assignment or transmission to Eli 1957. In this sense, the User will be solely responsible for collecting the authorizations of those affected, in accordance with the procedures provided by law, not assuming Eli 1957 any responsibility in this sense, neither in front of the User nor in front of any third party.
The User acknowledges and accepts that, in relation to the data provided, he/she must keep Eli 1957 harmless against any contingency that may arise from the assignment or transmission made. The data thus acquired by Eli 1957, will be analyzed in order to check whether the treatment thereof is for lawful purposes and coherent with the activity of Eli 1957. Eli 1957 will cancel, erase and/or block that data when it is inaccurate, inconsistent, useless, incomplete or not necessary or relevant to its activities and purposes, in accordance with the provisions of the legislation on data protection, and without obligation to communicate this circumstance to the User who provided them or to the affected party.
Regarding the data provided for job offers, Eli 1957 informs you that the data you voluntarily provide to us to use the services of the job offers, will be filed in a file which is responsibility of Eli 1957, who can be addressed in order to exercise their rights of access, cancellation, rectification and opposition. The site of Eli 1957, uses "cookies" in order to streamline the service offered by the Portal when a user or visitor navigates through the pages thereof, identifying as quickly as possible to each user or visitor. Cookies are automatic procedures for collecting information related to the preferences determined by a user during his/her visit to a certain web page.
This information is recorded in small files that are stored in the computers of the corresponding user in an imperceptible way. Each time the user returns to access the website in question, these files are automatically activated so that the website is configured with the preferences indicated in previous visits. In short, cookies are physical files of personal information housed in the user's own terminal and unequivocally associated with this terminal. However, cookies are only associated with an anonymous user, not allowing access to personal data, data from the user's hard disk or visitor, or read the "cookies" created by other service providers. The User has the possibility of configuring his browser program in such a way that the creation of cookie files is prevented or warned at the time in which this occurs. The Portal is accessible without the need to activate the options relating to the "cookie" files, although they may prevent the proper functioning of security mechanisms for exclusive services or certain services that require greater security. As a general rule, the purpose of the cookie files of the Portal is to facilitate the navigation of the User.
On-line Product Sales Services at Eli 1957
With respect to the product acquisition services that Eli 1957 offers through the Portal, Users are informed that the current Terms of Use will apply to each service when an order is placed. The data that the User/Client voluntarily provides to Eli 1957, are necessary to meet your delivery in order to send the products you request, therefore, failure to complete such data may prevent Eli 1957 from providing all those services linked to such data, releasing Eli 1957 from any responsibility for the non-provision or incomplete provision of these services. These data will be archived in a file responsibility of Eli 1957, where you can exercise your rights of access, rectification, cancellation and opposition.
The processing of such data is necessary for the management of Eli 1957 product orders that you request through the Portal, as well as for the preparation of invoices and historical sales maintenance. In compliance with the provisions of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, you are informed that through this service, you can acquire and receive those products offered on the Portal and that you request through it. In the Terms of Use in force in the Portal you will find detailed information on the content of the products, price, applicable taxes, shipping costs, as well as the different payment methods. By confirming the order, by clicking on the "send" button, the User accepts the Terms of Use applicable to the sale of the products ordered. For more information about the conditions of the shipments of Products, consult the Terms of Use in force in the Web Portal of Eli 1957 or contact us by email info@eli1957.com and/or the telephone number (+ 34) 965 341 212.
Communication of activities of illicit and inappropriate nature
In the event that the User has knowledge that the Linked Sites or the pages that contain links to the Website, have illegal or harmful content, services, demeaning, violent or contrary to morality, he/she may contact Eli 1957 indicating the following ends:
- Personal data of the such provider: name, address, telephone number and email address;
- Description of the facts that reveal the illicit or inappropriate nature of the Linked Site or of the page that provides a link to the Portal;
- In the case of violation of rights, such as intellectual and industrial property, the personal data of the owner of the infringed right when he/she is a person other than the communicator.
- It must also provide the title that proves the legitimacy of the rights holder and, where appropriate, the representation to act on behalf of the owner when the person is different from the communicating party;
- Express statement that the information contained in the claim is accurate.
Applicable law
By using this website, you agree that this Privacy Policy, the Terms of Use, and any dispute regarding the use of this Portal, will be interpreted in accordance with the laws in force at the place of residence of the owner of this website, that is, the Spanish laws. Likewise, the User, waiving any other jurisdiction that may correspond, is subject to the jurisdiction of the courts and tribunals of the city of Alicante, for any dispute or controversy that may arise in relation to this Privacy Policy, the Conditions of Use and, in general, by the use of the Portal or by all the services provided by Eli 1957.