This is an English translation provided for convenience. The legally binding version of these terms is the Spanish one, available at /aviso-legal.
The User should read this Legal Notice carefully each time they intend to use the Website, as the conditions of use may change.
1. Identifying details and purpose
In compliance with Spanish Act 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), and in particular with article 10 of that Act, as well as with Organic Act 15/1999 on the Protection of Personal Data and Royal Decree 1720/2007 implementing that Act, we hereby inform you of the following:
1.- The Website is owned by APP Fashion S.L., with tax number CIF B52541364, registered office at Calle Jacobo Olañeta 10, bajo, postcode 33202, Gijón, Asturias (Spain), and entered in the Companies Register of Asturias at folio 214, volume 4199, entry 1 AS-49830.
2.- If you wish to contact us you may do so: a) by post, at the address given above, or b) by email at contacto@apparentia.com.
The business activity of APP Fashion S.L. is the sale of fashion items over the Internet.
2. Users
Accessing and/or using this APP Fashion S.L. portal confers the status of USER, who from that access and/or use accepts the General Conditions of Use set out here. These Conditions apply irrespective of any General Contracting Conditions that may be binding in each case.
Protection of minors policy
Access to and use of the portal by minors is prohibited.
APP Fashion S.L. reminds adult users responsible for minors that they alone will be liable if a minor enters their details in order to request a product or service. It also informs them that there are software programs that limit browsing by filtering or blocking certain content.
3. Use of the portal
APP Fashion S.L. reserves the right to interrupt access to the Website at any time and without prior notice, as well as to interrupt the provision of any or all of the services offered through it, whether for technical, security or maintenance reasons, because of power supply failures or for any other cause.
Such interruption may be temporary or permanent. APP Fashion S.L. does not guarantee the reliability or availability of its Website, so use of it by the User is at their own risk. Certain services are exclusive to registered users; access to them is restricted and they may be subject to particular conditions which, where applicable, replace and/or amend this Legal Notice. In such cases, as a prior requirement for access to the service, the registered user must log in with their username and password. Use of the password is personal and non-transferable. The person authorised by APP Fashion S.L. undertakes to use it diligently and to keep it secret, assuming all liability for the consequences of its disclosure to third parties.
In general terms, the User undertakes to comply with these conditions and terms of use, and always to act in accordance with the law, with accepted standards of behaviour and with the requirements of good faith, exercising the diligence appropriate to the nature of the service being used, and refraining from using the Website in any way that may prevent, damage or impair its normal operation, the property or rights of APP Fashion S.L., of other Users or of any third party in general.
In particular, and without this implying any restriction on the obligation assumed by the User in general terms under the preceding paragraph, the User undertakes, when using the Website:
· Not to enter, store or distribute on or from the Website any information or material that is defamatory, insulting, obscene, threatening or xenophobic, that incites violence or discrimination on grounds of race, sex, ideology or religion, or that in any way offends against morality, public order, fundamental rights, public freedoms, the honour, privacy or image of third parties, or against applicable law in general.
· Not to enter, store or distribute through the Website any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device capable of causing damage to the Website, to any of the services, or to any of the equipment, systems or networks of APP Fashion S.L., of any User, or of any third party in general; or that in any other way is capable of causing any alteration to them or of preventing their normal operation.
· Not to destroy, alter, appropriate for their own use, disable or damage the data, information, programs or electronic documents of APP Fashion S.L. or of third parties.
· APP Fashion S.L. reserves the right to withdraw any comments and contributions that offend against human dignity, or that are discriminatory, xenophobic, racist or pornographic, that are harmful to young people or children, or that offend against public order or safety, or that in its judgement are not suitable for publication. In any event, APP Fashion S.L. shall not be liable for opinions expressed by users through the blog or other participation tools.
APP Fashion S.L. may at any time and without prior notice amend the content of the website, as well as these General Conditions and any Particular Conditions that may be included, by publishing such amendments on the Website so that Users may be aware of them.
4. Data protection
When the User visits the Website, APP Fashion S.L., as owner of the website, obtains the following information through it:
· The IP address assigned to the user by their Internet service provider, and the provider's domain name.
· The domain from which the user connects to the Internet.
· The date and time at which the user accessed the website.
· The Internet address from which the user reached the website (if reached through another URL).
· The total number of visitors accessing our website.
· The name of the operating system and browser used to view the website.
· The country to which the visitor (or their Internet service provider) belongs.
All this information is collected entirely anonymously and is used above all for aggregate analysis, in order to make our site more useful and interesting for our Users.
Separately, there is the information requested in the forms provided, which is necessary for the management and maintenance of some of our services.
In accordance with Organic Act 15/1999 of 13 December on the Protection of Personal Data, we inform you that the personal data you may provide while browsing our Website (when registering, when submitting a form or making an enquiry, comment or request, or when sending us an email) will become part of a file owned by APP Fashion S.L., duly registered with the Spanish Data Protection Agency, the purpose of which is:
To manage your request, as well as to carry out commercial, promotional and/or advertising activities of our own or of third parties, or simply to send you information we believe may be of interest by any means, including SMS, email and post.
The user CONSENTS to the personal data provided through the website, or through any other channel, to APP Fashion S.L. being incorporated into the files owned by it and used to send commercial information over the Internet or by any other means.
APP Fashion S.L. undertakes to comply with its duty of secrecy, treating the data confidentially and exclusively for the purpose of informing the general public and promoting its activities in respect of the personal data you may have provided to us, and to comply with its duty to put in place appropriate security measures to prevent the loss of such data and any unauthorised access to it.
If you wish to cancel your registration as a user, or to exercise your rights of access, rectification, erasure or objection, you may do so by sending a written request to APP Fashion S.L., Calle San Bernardo número 39 bajo derecha, 33201 Gijón, Asturias (Spain), or by email to contacto@apparentia.com, together with your identity document or other legally valid proof of identity.
APP Fashion S.L. will erase, delete and/or block data when it is inaccurate or incomplete, or has ceased to be necessary or relevant for its purpose, in accordance with data protection legislation. In the data collection forms, the fields marked with an asterisk are compulsory, so if the User does not provide the corresponding data, APP Fashion S.L. may refuse the service in question.
In using the data held in the file, APP Fashion S.L. undertakes to respect its confidentiality and to use it in accordance with the purpose of the file, as well as to comply with its obligation to keep it and to apply all security measures to prevent its alteration, loss, unauthorised processing or access, in accordance with Royal Decree 1720/2007 of 21 December on security measures.
That is, the measures necessary to prevent the alteration, loss, unauthorised processing of or access to personal data, taking into account the state of technology at all times. Notwithstanding the above, security measures on the Internet are not impregnable and leaks may occur as a result of malicious acts by third parties.
Where the data supplied is linked to a purchase, Spanish law requires us to keep it blocked for a certain period, at least four or five years, at the disposal of the various Public Administration bodies or in order to comply with legal obligations. Only data that is not relevant to that purpose may be erased or rectified.
Our secure server guarantees the privacy of the data you transmit to us. That privacy is achieved by means of the SSL protocol, encrypting the data sent using RSA encryption, so that nobody can appropriate it as they do not have the necessary key. You can check that your browser is secure if the padlock symbol appears, and you will also see that the URL changes slightly: it no longer begins with http but with https.
APP Fashion S.L. reserves the right to cancel the registration of any user of the website who has given false information or made improper use of it, and who is bound to comply with the requirements set out in the general clauses.
5. Data collection forms
The purchase of products, as well as the use of certain services through www.apparentia.com, is subject to the prior completion of the corresponding User registration by means of forms. All information provided by the User through the forms on the Website for those or any other purposes must be truthful. To that end, the User guarantees the authenticity of all the data they communicate and will keep the information provided up to date, being responsible for any false or inaccurate information they give and for any harm this causes to APP Fashion S.L.
In the data collection forms, the fields marked with an asterisk are compulsory, so if the User does not provide the corresponding data, APP Fashion S.L. may refuse the service in question.
The user CONSENTS to the personal data provided through the website, or through any other site, to APP Fashion S.L. being incorporated into the files owned by it and used to send commercial information over the Internet or by any other means.
6. Purchase conditions
All information relating to the purchase process — how it works, delivery, returns, payment methods and so on — is duly explained in the "How to buy" section of our website.
In order to complete a purchase it is an essential requirement to be a registered user.
All the products offered on our site are shown with their corresponding photographs, a detailed explanation of their main characteristics (price, colours, composition, sizes and size guides) and any additional information deemed relevant to their sale.
7. Use of cookies
APP Fashion S.L. may use cookies while providing the Website service. Cookies are automatic procedures for collecting personal information relating to the preferences shown by a user during their visit to a particular website. This information is recorded in files that are stored on the user's own terminal and uniquely associated with that terminal. Each time the user accesses the website again, these files are activated automatically so that the website is configured with the preferences indicated on previous visits. Cookies cannot read other cookies created by other providers.
The User may configure their browser so as to prevent cookies from being created, or to be warned when this happens. The Website is accessible without the cookie options being enabled, although this may prevent the correct operation of security mechanisms for exclusive services, or of certain services requiring greater security. The ultimate purpose of the Website's cookies is to make browsing easier for the User.
8. Intellectual and industrial property
The structure, design and form of presentation of the elements [graphics, images, source code, trade marks, trade names, denominations, articles, reports, files, logos, sound, audio, video, software, text, structure and design, selection of materials used, computer programs necessary for its operation, access and use, colour combinations and any element capable of protection] are subject to the intellectual and industrial property rights of APP Fashion S.L. or of third parties.
Likewise, all the contents of this site (texts, images, logos, etc.) are produced in house or have been supplied by the brands themselves, these being responsible for obtaining the consent of the rights holder of the material supplied.
Should the user detect any activity liable to infringe any Intellectual or Industrial Property right, or any other right, we ask that you notify us at the following email address:
All rights reserved. Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Spanish Intellectual Property Act.
Under no circumstances does access to the Website imply the waiver, transfer, assignment or licence, whether total or partial, of those intellectual or industrial property rights, nor does it confer any right of use, translation, adaptation, alteration, exploitation, reproduction, distribution or public communication, including making available, of all or part of the contents of this website for commercial purposes, on any medium and by any technical means, without the prior express authorisation of APP Fashion S.L. or of the third party holding the rights concerned. This is without prejudice to the User's right to view and obtain a copy in the cache memory of the User's computer, as a transitory and incidental reproduction, without being authorised in any case to communicate it to third parties.
The reproduction, transformation, distribution, public communication, making available to the public and, in general, any other form of exploitation, partial or total, of the elements referred to in the preceding paragraph is prohibited. The USER undertakes to respect the Intellectual and Industrial Property rights owned by APP Fashion S.L. Such acts of exploitation may only be carried out under express authorisation from APP Fashion S.L. and must in every case make explicit reference to APP Fashion S.L.'s ownership of the intellectual property rights concerned. The User is authorised only to reproduce, print, copy and store the contents made available on the Website on the hard disk of their computer or on any other physical medium, provided that this is solely and exclusively for their personal and private use.
Infringement of any of these rights could constitute a breach of these provisions, as well as a possible offence punishable under articles 270 et seq. of the Spanish Criminal Code.
The use of distinctive signs [trade marks, trade names] is not permitted without the express authorisation of their legitimate owners.
APP Fashion S.L. will make use, in defence of its copyright and intellectual property rights, of every legal remedy available to it anywhere in the world.
In any event, should APP Fashion S.L. consider itself harmed in this respect, it reserves the right to claim damages for the use of copyright material.
9. Exclusion of warranties and liability
APP Fashion S.L. shall not be liable:
In general terms, for improper use of the website owned by APP Fashion S.L.
For damages of any nature that may be caused, by way of example: errors or omissions in the contents, unavailability of the portal, or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the technological measures necessary to prevent this.
Users must make proper use of the Website in accordance with the conditions and terms above, and APP Fashion S.L. may bear no liability for improper use.
As regards possible technical deficiencies, APP Fashion S.L. shall not be liable in the event of alterations or interruptions of the service, delays, errors or malfunction of that service due to failures in the electricity network, in the data connection network, in the server or in any services, or that originate in causes beyond its control or are due to wilful or negligent action by the User, or to force majeure. Force majeure includes failures of third parties, operators or service companies, lack of access to third-party networks, acts or omissions of public authorities, acts resulting from natural phenomena, power cuts, and so on, and attacks by hackers or third parties on the security or integrity of the computer system. In any event, whatever the cause, APP Fashion S.L. shall assume no liability, whether for direct or indirect damage, consequential loss and/or loss of profit. APP Fashion S.L. is not responsible for third-party contents and opinions expressed on its Website, nor for the information contained in third-party websites that may be reached through links or search tools on the Website, since the function of these is to inform the User of the existence of other sources of information on the subject on the Internet, where they may expand on the data offered on this Website. Accordingly, APP Fashion S.L. shall not be liable for the results obtained through those hypertext links. Where third-party websites can be accessed through search tools or links, APP Fashion S.L. acts solely as a communicator of information of interest to users in accordance with Act 32/2002 of 12 July on Information Society Services and Electronic Commerce, and shall be liable for the contents and services supplied on the linked sites only to the extent that it has actual knowledge of their unlawfulness and has not disabled the link with due diligence. Under no circumstances should the existence of linked sites be taken to imply the existence of agreements with those responsible for them or their owners, nor any recommendation, promotion or identification of APP Fashion S.L. with the statements, contents or services provided. APP Fashion S.L. is not aware of the contents and services of the linked sites and is therefore not liable for damage caused by the unlawfulness, quality, obsolescence, unavailability, error or uselessness of the contents and/or services of the Linked Sites, nor for any other damage not directly attributable to APP Fashion S.L. APP Fashion S.L. is not liable for the User's use of the Website's services or of their passwords, or of any other material on the Website, in infringement of intellectual or industrial property rights or any other third-party right. APP Fashion S.L. is not liable for damage that may be caused to Users' equipment by computer viruses contracted by the User as a result of browsing the Website, or for any other damage arising from such browsing. It is for the User, in any event, to have adequate tools for detecting and disinfecting harmful computer programs. APP Fashion S.L. offers no guarantee that any of the contents of its Website are free from errors, and does not guarantee the correction of any defect or the absence of viruses and other harmful components on this Website or its server. The User shall be liable to APP Fashion S.L. for any damages that may be caused as a result of breaching the conditions of use of the Website and the other obligations set out in this Legal Notice.
10. Links on the Website and to the Website
Should www.apparentia.com provide links or hyperlinks to other Internet sites, APP Fashion S.L. will exercise no control over those sites and contents. Under no circumstances will APP Fashion S.L. assume any liability for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity or constitutionality of any material or information contained in any of those hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any kind of association, merger or participation with the connected entities.
Internet users who place links from their own pages to the Website must comply with the following conditions: - The link must connect only to the home page of the Website and may not reproduce it in any way (copying texts, graphics, etc.). - In accordance with the legislation in force at any given time, it is prohibited to set up frames of any kind that surround the Website or allow its contents to be viewed through Internet addresses other than those of the Website and, in any event, when viewed together with content not belonging to the Website in such a way that: - it causes, or could cause, error, confusion or deception among Users as to the true origin of the service or contents; - it constitutes an act of unfair comparison or imitation; - it serves to take advantage of the reputation and standing of APP Fashion S.L.; or it is prohibited by the legislation in force. - The Website inserting the link may not make any false, inaccurate or incorrect statement about APP Fashion S.L. and its members. - Under no circumstances may the Website where the link is placed state that APP Fashion S.L. has consented to the insertion of the link or that it otherwise sponsors, collaborates in or verifies the services of the author of the link. - The Website establishing the link must comply with the law and may not under any circumstances make available or link to its own or third-party contents that: • are unlawful, harmful or contrary to morality and accepted standards of behaviour (pornographic, violent, racist, etc.); • induce or may induce in the User the false impression that APP Fashion S.L. subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender; or are inappropriate to the activity of APP Fashion S.L. in relation to the place, contents and subject matter of the sender's website.
11. Rights of exclusion
APP Fashion S.L. reserves the right to refuse or withdraw access to the portal and/or the services offered, without prior notice, on its own initiative or at the request of a third party, to those users who breach these General Conditions of Use, who have given false information or made improper use of the portal, and who are bound to comply with the requirements set out in the general clauses, without prejudice to any other legal action that may be appropriate.
12. General provisions
APP Fashion S.L. will pursue any breach of these conditions, as well as any improper use of its portal, by exercising all the civil and criminal actions available to it in law.
13. Amendment of the conditions
APP Fashion S.L. may amend, change, delete or add both the contents and the services, conditions and purposes set out here that are provided through the Website, as well as the way in which they appear or are located on its portal, at any time and without prior notice, such conditions and purposes being duly published as they appear here. The validity of those conditions will depend on their publication and they will remain in force until they are replaced by others duly published.
Given this possibility of amendment, the User should read this Legal Notice carefully each time they intend to use the Website.
14. Advertising
Certain parts of the Website may host advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Website complies with the laws that may apply in each case.
15. Applicable law and jurisdiction
Any dispute or matter concerning the Website is governed by Spanish law, and the Courts and Tribunals corresponding to the domicile of the website owner are competent to resolve all conflicts arising from or related to the use of this Website.