Legal Notice

GENERAL TERMS OF USE

These Terms of Use (hereinafter the “Terms”) are intended to govern the use of the online jewelry store www.franciscoortuno.es, owned by the company FRANCISO ORTUÑO S.L. (hereinafter “the Company”), with Tax ID Number (CIF) B03468808, registered in the Alicante Commercial Registry, Volume 1141, Book 499, Section 2, Folio 18, Page 18487, Entry 1, with its registered office at c/ General Marqués de la Romana, No. 5, Novelda (Alicante).

www.franciscoortuno.es has been conceived, designed, and developed by Yojimbo Estudio S.L., through FRANCISCO ORTUÑO S.L., to publicize and provide access to the information contained therein, subject to the restrictions and limitations set forth in these Terms and Conditions, as well as to provide access to other websites with which we may have relationships of any kind.

The mere use of the Website confers the status of User (hereinafter “User”) upon anyone who uses it, and such User hereby declares that they are aware of and accept, without reservation or exception, each and every one of the Terms set forth herein.

Through www.franciscoortuno.es, any User is provided with access to the content, services, and other information pertaining to the company’s corporate purpose. These Terms and Conditions constitute the entire agreement between the Company and the Users regarding online sales transactions.

The Company may unilaterally modify these Terms and Conditions without prior notice. Likewise, it may modify or remove any content from www.franciscoortuno.es without prior notice. Any modification to the Terms and Conditions for a specific case shall only be valid if it has been set forth in writing and signed by the legal representatives of each party.

USERS

Terms of Access and Use

Access to www.franciscoortuno.es is free for all users.

The law and the principles of good faith and lawful use by the User take precedence over these Terms. Any action that could be detrimental or harmful to www.franciscoortuno.es or to third parties is expressly and strictly prohibited.

www.franciscoortuno.es does not require a subscription or the creation of a user account to browse the site. However, users who wish to use the online shopping service must create a user account. Such users (hereinafter “Registered Users”) will have access to a private, secure menu. The Company respects the privacy of Registered Users and does not sell, rent, or transfer their data. Please see our Privacy and Personal Data Protection Policy for more information.

Registered Users

Registered Users agree to select, use, and safeguard their username and password (hereinafter collectively referred to as “Access Credentials”) in accordance with the provisions set forth in the following clauses.

Access Credentials

The User may choose and specify their own Access Credentials. The User may not select as a username any words, expressions, or combinations of graphics and text that are obscene, offensive, that coincide with trademarks, trade names, business names, corporate names, advertising slogans, or the names and pseudonyms of public figures or celebrities for which they are not authorized to use, and, in general, that are contrary to the law, morality, and public order. www.franciscoortuno.es reserves the right to remove or suspend any username that meets any of the aforementioned criteria.

Passwords are assigned automatically, with the sole criterion being that no previous passwords exist that are identical to those selected by the User.

Use and Custody

Access Codes may only be used by the Users to whom they have been assigned. www.franciscoortuno.es is exempt from any liability that may arise from damages caused or suffered due to fraudulent use or negligence in the safekeeping of Access Codes, loss, or use in violation of the provisions of these General Terms and Conditions.

USE OF THE WEBSITE

The User agrees to make lawful, diligent, honest, and proper use of any information or content to which they have access, whether through www.franciscoortuno.es or through third parties, provided in advance by www.franciscoortuno.es.

The User must refrain from obtaining, except for personal use, any information (where “information” is understood to mean any message, sound files, photographs, drawings, software, and, in general, any kind or type of computer file, graphic, etc.) that is the property of the Company.

Likewise, the User agrees not to copy, reproduce, distribute, transfer, alter, or modify the content without the prior written consent of the Company or a person authorized by it.

www.franciscoortuno.es disclaims liability for any type of malfunction or computer virus introduced by third parties.

Finally, the User agrees to comply with all requirements set forth regarding intellectual property rights, industrial property rights, and other similar rights.

CONTENT ON WWW.FRANCISCOORTUNO.ES

The purpose of www.franciscoortuno.es is to provide information and to distribute products and services.

The product database, owned by www.franciscoortuno.es, contains all the necessary information a customer might need, as well as constantly updated prices, technical descriptions, etc.

www.franciscoortuno.es will make every effort to constantly update product prices through ongoing communication with suppliers and manufacturers.

The information, photographs, texts, etc., that appear on www.franciscoortuno.es regarding all offers and the most important features of the products provided are presented as accurately as possible. If the customer encounters unclear information, they may always contact www.franciscoortuno.es via the contact form or by phone. If the price listed in the offer for a specific product differs from the actual price, www.franciscoortuno.es will contact the customer before the purchased products are shipped and offer the option to pay the price difference to www.franciscoortuno.es or to cancel the purchase.

RIGHTS AND OBLIGATIONS OF WWW.FRANCISCOORTUNO.ES

www.franciscoortuno.es shall be solely and exclusively liable for the services it provides itself and for the content directly generated by the Website itself and identified with its corresponding copyright.

www.franciscoortuno.es undertakes to adopt the necessary means and measures to ensure the security and privacy of communications. It shall not be liable if, after adopting the relevant security measures, these are breached by external parties.

www.franciscoortuno.es shall not be liable, even indirectly or secondarily, for any content, information, or statement of any kind originating from the User or third parties or entities that access, transmit, communicate, process, display, or sell such information to www.franciscoortuno.es.

www.franciscoortuno.es reserves the right to temporarily suspend the provision of the service without prior notice to the User, provided that such suspension is necessary to perform maintenance, updates, or improvements to the service. Likewise, it may modify the terms of access and/or the specific location of the content comprising the Portal, as well as prevent, restrict, block, delete, or revoke Users’ access to the services when they do not make lawful, honest, and diligent use of the services provided on the Portal. Similarly, it may remove or restrict the use of content posted by third parties that is unlawful.

www.franciscoortuno.es does not guarantee the permanent availability and continuity of the Portal due to interruptions, failures, etc., nor will it be liable for any damages that may be caused to Users by computer viruses or external agents that third parties may introduce into the Portal or into the electronic documents and files stored in the computer system.

The Portal makes certain tools available to Users, such as buttons, banners, and links, which allow Users to access other websites related to the Portal’s purpose or to other topics. The ultimate purpose of these tools is to provide and facilitate navigation for the User; www.franciscoortuno.es is not responsible for external websites accessed by the User through our site, insofar as this may affect the right to reputation. Therefore, Users shall access these hyperlinks at their own risk. For its part, www.franciscoortuno.es will endeavor, to the best of its ability, to verify these hyperlinks, restricting or suspending such buttons when they violate the principle described in these General Terms and Conditions.

INTELLECTUAL PROPERTY

All content accessed through the service provided by www.franciscoortuno.esestán is subject to the intellectual and industrial property rights of www.franciscoortuno.es or third parties. Such content may not be used, duplicated, distributed, sold, exploited, or otherwise utilized for any commercial or non-commercial purpose without the prior and mandatory written consent of the owner.

Likewise, www.franciscoortuno.es is responsible for the trademarks, logos, and other distinctive signs incorporated anywhere on the Website that are owned by www.franciscoortuno.es, and it is the owner of all intellectual or industrial property rights or a licensee thereof.

All content originating from internal sources will be duly identified with its copyright notice. The entity reserves the right to make any changes at any time without prior notice. All content included on the website that originates from internal sources and bears a copyright notice is the sole and exclusive responsibility of www.franciscoortuno.es.

APPLICABLE LAW

These General Terms and Conditions are governed by Spanish law. The parties agree, at their discretion, to submit any disputes—waiving any other jurisdiction—to the courts and tribunals of the user’s place of residence.

PRIVACY POLICY AND PERSONAL DATA PROTECTION

1. Privacy and Security Policy.

At Francisco Ortuño S.L., we are committed to safeguarding and protecting the personal data and information of our customers and users, whether they visit our website or use our other services, in accordance with Directive 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as well as the rest of Spanish and European Union law.

This commitment is reflected in this Privacy Policy, which outlines our dedication to maintaining and ensuring secure business relationships through the protection of personal data, thereby guaranteeing the right to privacy for each of our users and customers.

1. Definition of Personal Data

“Personal Data” refers to any information relating to an identified or identifiable natural person. This includes, among other things, first and last names, mailing and email addresses, telephone numbers, and even a photo taken with a cell phone showing the user wearing one of our products.

1. Processing and Purposes of the Collected Data

Any personal data you provide to us when visiting our website or during the provision of our services will be processed in accordance with data protection regulations and will only be collected, processed, and used for lawful, legitimate, and disclosed purposes. Below, we detail all the purposes for which we collect information:

- Francisco Ortuño S.L. collects user data through various contact and registration forms in order to contact users and respond to their inquiries or to send them commercial information about Francisco Ortuño S.L.’s products and new releases.

- Furthermore, Francisco Ortuño S.L. may occasionally advertise job openings through announcements, asking users to submit their resumes. All resumes submitted will be added to the company’s Human Resources files and will be used solely to create a talent pool and to contact applicants when a vacancy arises.

- When Users contract for or purchase the goods or services offered on this website, they expressly consent to the use, processing, and transfer of their data to all entities that have direct or indirect professional relationships with the company for the provision of said service. In this case, the transfer of User data to third parties will be limited to the shipping agency when the purchased goods are shipped. This agency will be the Sociedad Estatal de Correos y Telégrafos S.A. (Correos), with its registered office at Vía Dublín No. 7 (Campo de las Naciones), 28070 Madrid (Spain), Tax ID number A83052407, and registered in the Madrid Commercial Registry, Volume 16,665, Book 0, Folio 20, Section 8, Page M-284323, 1st Entry.

In any case, the user is obligated to provide accurate information and keep it up to date, and therefore Francisco Ortuño S.L. reserves the right to exclude from its services and terminate service to any user who has provided false information, without prejudice to any other actions that may be applicable under the law.

Furthermore, any form will indicate that the provision of certain personal data is not mandatory, except in fields where otherwise indicated. However, failure to provide such data may prevent Francisco Ortuño S.L. from providing all Services related to that data, thereby releasing us from any liability for the non-provision or incomplete provision of these Services. It is important to note that no personal data will be disclosed to third-party companies without the data subject’s consent for the purpose of sending commercial communications regarding other products and services.

Finally, the user shall not include, in the spaces designated as “free-text fields,” any personal data that could be classified as requiring a medium or high level of protection (including, but not limited to, data relating to ideology, religion, beliefs, union membership, health, racial origin, and/or sexual life), without prior notice to Francisco Ortuño S.L., as defined by current regulations. Nor may such fields be used to violate the rights to honor and privacy of third parties. Any information of this type that is provided will be deleted.

1. Security of Your Personal Data

Francisco Ortuño S.L. is particularly committed to ensuring the security of your personal data. Your data is stored in our information systems, where we have adopted and implemented technical and organizational security measures to prevent any loss or unauthorized use by third parties. In particular, our employees are bound by a duty of professional confidentiality and have been duly informed and trained in this regard.

1. Information on the Use of Cookies

Simply by visiting this website or using the services of Francisco Ortuño S.L., no personal data that identifies a User is automatically recorded. However, we inform you that while browsing the Website, “cookies” are used—small data files generated on the user’s computer that allow us to obtain the following analytical information:

1. a) The date and time of access to the website, which helps us identify peak traffic times and make the necessary adjustments to prevent server overload during peak hours.
2. b) The number of daily visitors to each section, allowing us to identify the most popular areas and expand and improve their content so that users have a more satisfying experience and the content design is enhanced.
3. c) The date and time of the user’s last visit to the website, which we use to conduct analytical and statistical studies on website usage.
4. d) Security measures involved in controlling access to restricted areas.

It is important to emphasize that all users must read and understand the cookie policy published on the website to learn in detail about all the cookies used and their purposes.

1. User Rights.

All users may exercise their rights of access, objection, rectification, and deletion by sending a written request to Francisco Ortuño S.L., with Tax ID B03468808, whose registered office is located at C/ General Marqués de la Romana, 5, postal code 03660, Novelda, Alicante (Spain), or by sending an email to info@franciscoortuno.es

1. Do you not wish to receive information from us or do you wish to revoke your consent?

Any user may object to the use of their information for advertising purposes, market research, or satisfaction surveys, as well as revoke their consent at any time (without retroactive effect). To do so, please send an email to info@franciscoortuno.es. When you receive advertising via email, you can also opt out directly from that email by clicking on the link included in it and following the instructions provided.

1. Changes to the Privacy Policy.

Our Privacy Policy may be updated due to legal changes and requirements, as well as improvements and changes in how we offer and provide our services. Therefore, we recommend that you visit and review our Privacy Policy periodically to stay informed of any recent changes that may have been made. If such changes relate to the consent provided by the user, a separate notification will be sent to you to request your consent again.

If, while reading this, you have any questions or concerns about our Privacy Policy, or if you wish to exercise any rights or take any action regarding your personal data, please contact us at the following email address: info@franciscoortuno.es.

9. Privacy for the deferred payment service.

The user agrees that all of their personal data will be fully transferred to Aplazame from the moment the user begins the process of signing up for the deferred payment service offered by Aplazame when selecting the payment method. This consent extends to third parties that may need to access the files to ensure the proper fulfillment of the contract.

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