TERMS AND CONDITIONS OF WEBSITE USE
The present Terms and Conditions of Website Use regulate the use of the website www.marnys.com and of any website owned or controlled by Martínez Nieto, S.A. (“MARNYS“),
Martínez Nieto, S.A.
Pol. Ind. Los Camachos Sur
Av. del Carbono, 96
30369 Los Camachos / Cartagena (SPAIN)
firstname.lastname@example.org +34 968 515080
Registered in the Firm Registry of the Province of Murcia, in book 16, section 3ª, folio 31, sheet 266.
By accessing, browsing or using this site you agree to have read and accepted these Terms and Conditions of Website Use and accept to abide by them. The use and access to this Website will be subjected to the Conditions of Use that are in force at the time of entering the site. MARNYS® reserves the right to modify at any time any of the present Conditions of Website Use as well as any other general or particular conditions that may be applicable. MARNYS® will indicate in the Website the changes made to them and users will be requested to give consent. Anyway MARNYS® invites Users to check the present Terms and Conditions of Website Use periodically.
The access to this Website is free except for the the cost of connecting to the network provided by your supplier.
Through our Website you will have access to the MARNYS® online shop, in which more than 300 MARNYS® products (food supplements and/or cosmetics) are offered for sale. The same way, Users will be able to have access to the online magazine, that contains articles about health and wellbeing, and will have the possibility to subscribe to the MARNYS® electronic newsletter, which will keep you informed about all issues of your interest and about sale promotions.
MARNYS® reserves the right to modify any time the presentation, configuration and location of the Website and/or the above mentioned “Contents” as well as the corresponding conditions of acccess and use.
Due to the lack of law harmonisation in the European Union and in different parts of the world (USA, Japan, Latin America) some of our products can be categorised as a food and/or cosmetic supplement in some countries and as medicinal plants, plants and drugs in others. The aim of this website is to uniquely promote food supplements sand cosmetic products.
3. USE OF WEBSITE
MARNYS® Website has a customer’s area (“User’s Area”), to which users can have access by filling the registration form (“Registration Form”). MARNYS® reserves its right to freely accept or reject a registration application from a user. The data entered by the User in the registration form must be always accurate, updated and true.
The User ackowledges and accepts that having access and using the Website and/or its Contents takes place freely and conciously under the user’s exclusive responsibility. MARNYS® will not be in any way responsible for the way Users or third parties use the Website or its Contents or for the damage that may derive from it.
The User undertakes to make a proper use of the Website and its Contents that abides by current laws, the present Terms and Conditions of Website Use, moral customs generally accepted and the public order.
The User will refrain from (i) making an unauthorized or unlawful use of the Website and/or its Contents; (ii) having access or trying to access restricted Website areas; (iii) using the Website and/or its Contents with unlawful or illegal intentions or that are contrary to that established in the present Terms and Conditions of Website Use, to the principle of Good Faith, to public order, that damage the rights or interests of third parties or that in any way may damage, set out of order or overload the Website or hinder the normal use of the Website; (iv) causing damage to the Website or to the systems of its suppliers or of third parties; (v) introducing or spreading computer viruses or any other physical or logical system that may damage MARNYS® systems, those of its suppliers or of third parties, (vi) trying to access, use and/or manipulate MARNYS® data, those of third parties, suppliers or other users; (vii) reproducing, copying, distributing or allowing public access through any broadcasting method, transforming or changing contents except with authorization of the owner of the copyright or if it is legally permitted; (viii) suppressing, hiding or manipulating the notes about copyright and all other data indicating the rights of MARNYS® or of third parties that have been included in the Contents as well as the technical protection devices or any other information mechanisms that may be included in the Contents; (ix) obtaining or trying to obtain the Contents through means that are different from those that, given the case, have been made available for this purpose or have been specifically indicated in the website in which the Contents are included or that are commonly used on the Internet, and which do not involve a risk of damage or disable the Website and/or its Contents.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The User acknowledges and accepts that all rights of intellectual and industrial property regarding the Contents and/or any other elements contained in the Website (including without limits brands, logos, commercial names, texts, pictures, graphics, designs, sounds, database, software, flow charts, audio and video presentations ), belong to MARNYS® and/or third parties.
MARNYS® authorizes the users to use, visualize, print, download and store the Contents and/or elements included in the Website for personal, private and non-lucrative purposes, always when source or author is indicated and when, given the case, the copyright or trademark logo of the owners appear. It is strictly forbidden to use those elements, reproduce, broadcast and/or distribut them for commercial or lucrative purposes, as well as their modification, alteration or decompilation.
Any other use of any Content or other elements included in the website different from those hereby specifically indicated is subjected to prior authorization by MARNYS® or the third party that is the owner of the copyright.
The Website may include links or search tools that allow users to access websites of third parties. Such elements will be offered as a reference. In any case users are advised to check the Terms and Conditions of Website Use and the private policy of the websites of third parties which they may enter through the links present in the Website.
Although MARNYS® checks the content of the websites prior to setting up a link to them and only facilitates access to those websites that, in good faith and to the best of its knowledge, abide by current laws, MARNYS® neither approves nor controls the contents of those websites or any other modifications of them and refuses to accept any responsibility for any damage that may arise from the access, use or impossibility of use by the Users of any website or its contents to which a link has been established.
Notwithstanding the above, MARNYS® reserves its right to remove the links to any website if it finds out effectively that the activities taking place in that website or its contents are illegal or infringes the rights of third parties, or when the company is required to do so under a court or an administrative order.
Getting and using the passwords in the User’s Area with the password chosen by the user when registering will be considered as performed by that user, who will be held liable for that access and use. The user will be always responsible for keeping his/her password secret and will be held responsible for any damages that may arise from an incorrect use, as well as for passing it on, losing or disclosing it.
In case of forgetting the passsword or any circumstance which may involve a risk of disclosing it to unauthorized third parties, the User will inform MARNYS® so that this immediately proceeds to block the old one and create a new one. In any case, any operation performed before this communication will be regarded as performed by the User, who will be responsible for and pay the costs of damage derived from any unauthorized access/use performed before such communication.
MARNYS® does not guarantee the availability or continuity of the Website and will not be held responsible for the contents stored by third parties in any MARNYS® Website owned by MARNYS®. Therefore MARNYS® will not be responsible for any damage that may derive from (i) the lack of accessibility to the Website; (ii) interruption in the functioning of the Website or computer or telephone failures, disconnection, delay or blocking caused by defficiencies or overloading of telephone lines, data centres, Internet system or other electronic systems that may occur during the course of the its functioning; and (iii) other damages that may be caused by third parties by means of unauthorized interference beyond the control of MARNYS®.
With the aim of reducing the risk of computer viruses entering the Website, MARNYS® uses a virus detection program that controls all contents introduced in the Website. Nevertheless, MARNYS® does not guarantee the absence of either viruses or any other elements that may be introduced by third parties outside MARNYS® that may produce alterations in the Users’ physical or logical systems or in the electronic documents and files stored in its systems. Therefore, MARNYS® will not be held responsible in any way for any damages whatsoever that may derive from the the presence of viruses or other elements that may cause alterations in the Users’ physical or logical systems.
MARNYS® takes different measures to protect Website and Contents against computer attacks from third parties. Nevertheless, it does not guarantee that non-authorized third parties may know the pages of the Website visited by the User as well as the conditions, characteristics and circumstances in which the User visits the Website. As a consequence, MARNYS® will not be held in any way liable for damage that may arise from such non-authorized access.
MARNYS® reserves the right to make changes, corrections and/or improvements in Contents any time and without previous notice. All Contents will be supplied “as they are”, without guarantee of any type, neither specified nor tacit. The same way, MARNYS® neither guarantees nor ensures the truthfulness of the Contents supplieds through the Website and it does not guarantee either that these contents are right or updated. MARNYS® will not be held responsible for decisions made on the basis of the information present in the Website nor for the damages caused to you or third parties through activities based only on the information obtained on the Website.
8. GOVERNING LAW AND JURISDICTION
The present Terms and Conditions of Website Use as well as the relation between MARNYS® and the User will be governed and interpreted according to Spanish Law. The parties agree to be subject to the exclusive jurisdiction of the Courts of the city of Cartagena in order to solve any controversy with relation to the present Terms and Conditions of Website Use.