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This website is operated by  La Creación Artistica. The terms “we”, “us”, and “our” refer to  La Creación Artistica. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

    You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.

You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

  We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

    All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.

Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Euro

We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.

 Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.

You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.

You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.

We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

We do not undertake to update, modify or clarify information on our website, except as required by law.

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

 The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Any headings and titles herein are for convenience only.

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

 Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of= the Province of Valencia without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Valencia in the City of Valencis, Spain.

Valencia and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

Limitation of Liability

To the fullest extent permissible by applicable law, La Creación Artistica, its officers, directors, employees, or agents, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if La Creación Artistica has been advised of the possibility of such damages), arising out of or in connection with our website, its services, or this agreement.

La Creación Artistica's total cumulative liability arising from or relating to this agreement, whether in contract or tort or otherwise, shall not exceed the fees actually paid by the user to La Creación Artistica during the twelve (12) month period preceding the claim. This limitation is cumulative and will not be increased by the existence of more than one incident or claim.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnification

You hereby agree to indemnify, defend, and hold harmless La Creación Artistica, its subsidiaries, affiliates, officers, directors, employees, agents, suppliers, and third-party partners from and against all claims, losses, liabilities, expenses, damages, and costs, including without limitation attorneys' fees and costs, resulting from or in connection with: (i) your use or misuse of our website or services, (ii) your violation of these terms and conditions, (iii) your infringement, or infringement by any other user using your account, of any intellectual property or other right of any third party, or (iv) any unlawful act or omission by you or on your behalf.

La Creación Artistica reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with La Creación Artistica in asserting any available defenses.

Dispute Resolution
All disputes, disagreements, or claims stemming from or related to this website or these Terms shall initially be addressed through amicable discussions. Should these discussions not resolve the matter, the dispute will be referred to binding arbitration held in Valencia, Spain. This arbitration will proceed under the rules and guidelines of the Corte de Arbitraje de Valencia. The arbitration proceedings will be conducted in the English language. The decision reached in arbitration will be final and binding on both parties.

Termination
La Creación Artistica holds the right to terminate, suspend, or restrict a user's access to our website and services without prior notice. This action may be due to a breach of these Terms, activities deemed harmful to other users, us, third parties, or for any other reason that we find appropriate. Upon termination, all rights granted to the user will cease, and the user must cease all use of the website.

Intellectual Property
All materials, including but not limited to text, graphics, logos, and software, presented on this website are the property of La Creación Artistica or its licensors and are safeguarded by international copyright, trademark, and patent laws. Reproduction, distribution, transmission, or any unauthorized use of these materials can lead to legal repercussions.

Registration and Account Security
When registering on our website, users agree to provide genuine, complete, and up-to-date information. Users are responsible for maintaining the confidentiality of their account credentials. Any unauthorized access or use of an account should be reported immediately. We reserve the right to suspend or terminate accounts found to have misleading information or are involved in any misconduct.

Fees and Payment
Fees related to services or products on our website are detailed accordingly. Users are obligated to make prompt payments upon purchasing. All financial transactions are expected to be completed using valid and lawful means. Specific refund requests will be treated as per the refund policies outlined on our site or within these Terms.

Governing Law
The use of this website, the enforcement of these Terms, and any matters related hereto shall be governed by and construed according to the laws of Province of Valecia, Spain without regard to its conflict of law principles.

Changes to the Terms
La Creación Artistica may, from time to time, revise or update these Terms. When changes are made, we will make every effort to notify our users, either through website notifications or direct email communication. Continued use of the website after changes denotes acceptance of the updated Terms.

Cookies and Tracking
This website employs cookies and other tracking mechanisms to enhance user experience, monitor website traffic, and gather analytical insights. By persisting in your use of this site, you grant consent to our application of such tracking technologies.

Data Protection and GDPR
We prioritize data protection and adhere to the standards set by the General Data Protection Regulation (GDPR) for our users within the European Union. Details regarding our data handling, storage, and processing practices are found in our Privacy Policy.

User-Generated Content
By submitting content to our site, users don't forfeit ownership rights. However, they bestow upon La Creación Artistica a non-exclusive, global, royalty-free, and transferable license to use, reproduce, distribute, and display the submitted content across various media.

Links to Third-Party Websites
Our site may host links to external, third-party websites. We hold no dominion over and assume no responsibility for the content, policies, or practices of these third-party sites. Engaging with these sites is at the user's discretion and risk.

Access and Use of the Website
Upon accessing our website, you are asserting that you possess the legal capacity to understand and agree to the stipulations set forth. Further, you attest that any information you access or use from our website will be in accordance with these Terms and any local, state, national, or international laws or regulations. Any unauthorized use or misuse may lead to termination of your access and potential legal actions.

External Links
Our website may feature links to external sites for your reference or convenience. However, we neither control nor are responsible for the content, privacy practices, or other actions of these external websites. Should you choose to visit these sites, it's crucial to familiarize yourself with their terms and privacy policies. We do not endorse or validate the content present on these third-party websites.

Warranties
Although we aim to provide accurate and up-to-date information on our website, we offer no guarantees or warranties (either explicit or implicit) about the website's content accuracy, relevancy, or completeness. This also extends to the website's availability, potential interruptions, and the information or materials provided through the website.

Disclaimer of Liability
La Creación Artistica is committed to offering a high-quality, uninterrupted online experience. However, certain situations beyond our control might lead to losses or damages, including data loss, revenue, or reputation. We will not be responsible for any indirect or direct repercussions arising from using our website or the inability to access our site, even if we have been advised of such potential damages.

Updates
We continuously work to enhance our website, leading to periodic updates or modifications. These changes can relate to website content, products, pricing, or other elements. While we strive to ensure our users are informed of significant changes, we reserve the right to make modifications without prior notification.

Entire Agreement
These terms and conditions, when accepted by the user, create a binding agreement between the user and La Creación Artistica. This agreement represents the full understanding of both parties concerning the use of this website, superseding all previous communications, proposals, or agreements, whether verbal or written.

Contact Information
For any queries, feedback, or concerns about these terms and conditions or any other aspect of our website or services, users are encouraged to get in touch with us directly. A dedicated team is in place to address these communications:

Email Address for Correspondence: jelena@lacreacionartistica.com

 

 

 

Please send all questions, comments and feedback to us at jelena@lacreacionartistica.com.