Shibumi Shop, is made up of the website associated with the domain www.shibumishop.com. It is responsible for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (RGPD) regarding the protection of natural persons regarding the processing of personal data and the free circulation of these data and other current regulations regarding the protection of personal data, and by Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), informs you that the measures have been implemented necessary security measures, of a technical and organizational nature, to guarantee and protect the confidentiality, integrity and availability of the data entered.
Purpose and scope of application
These are the general conditions (hereinafter "General Conditions") that regulate access, navigation and use of websites under the domain "www.shibumishop.com" (hereinafter, "Website"), as well as the responsibilities derived from the use of its contents (hereinafter understood as "Contents" the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Regardless of them, Shibumi Shop., May establish specific conditions that regulate the use and / or contracting of specific services offered to users through the Website.
It will be understood that the access or the mere use of the Website by the user implies the adherence of the latter to the General Conditions that Shibumi Shop has published at each moment in which they access the Website and that they will be available to the users. Consequently, the user must carefully read these General Conditions. In this sense, "User" will be understood as the person who accesses, browses, uses or participates in the services and activities, free or onerous, developed on the Website.
Likewise, through the Website, Shibumi Shop., You can enable third parties, natural or legal, to advertise or provide their services. In these cases, Shibumi Shop., Will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them. Before using and / or contracting said specific services provided by Shibumi Shop., The User must carefully read the corresponding particular conditions created for this purpose by Shibumi Shop. The use and / or contracting of said specific services implies the acceptance of the particular conditions that regulate them in the version published by Shibumi Shop, at the time such use and / or contracting occurs.
Intellectual and industrial property rights
The User acknowledges and accepts that all the content shown on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and / or any other elements inserted in the page, which are the exclusive property of the owner of the web portal and / or third parties, who have the exclusive right to use them in economic traffic. Therefore, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping Shibumi Shop harmless from any claim arising from breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not confer on Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by Shibumi Shop., Or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, ordering programsr, source codes and, in general, any intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by the legislation on intellectual property. Shibumi Shop., Is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or in any medium, unless prior authorization is obtained, by written, of the aforementioned Entity.
Likewise, it is forbidden to suppress, evade and / or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights enunciated and to avoid any action that could harm them, reserving in any case Shibumi Shop., The exercise of whatever means or legal actions correspond to it in defense of its legitimate intellectual and industrial property rights .
In particular, Shibumi Shop, expressly opposes that the reproduction of its pages can be considered a quote in the terms provided in article 32, 1st paragraph second, of the Intellectual Property Law.
Access to the Contents of the Website by Users is free and free
Use of the website
The Contents included in the Website are provided only to consumers or End Users. Any unauthorized commercial use of the same, or its resale, is prohibited, except with the prior written authorization of Shibumi Shop.
If for the use and / or contracting of a service on the Website, the User should proceed to register, he / she will be responsible for providing truthful and lawful information (hereinafter, the "Registered User"). If as a result of the registration, the User is provided with a password, he / she agrees to make diligent use and to keep the password secret to access these services. Consequently, Users are responsible for the proper custody and confidentiality of any identifiers and / or passwords that are provided by Shibumi Shop., And undertake not to assign their use to third parties, whether temporary or permanent, or to allow their use access to outsiders. The User will be responsible for the use of the services by any illegitimate third party who uses a password for this purpose due to careless use or loss of it by the User. By virtue of the foregoing, it is the User's obligation to immediately notify Shibumi Shop., Any fact that allows the improper use of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with its immediate cancellation. As long as such facts are not communicated, Shibumi Shop., Will be exempt from any responsibility that may arise from the misuse of identifiers or passwords by unauthorized third parties.
Access, navigation and use of the Website is the responsibility of the User, so the User agrees to diligently and faithfully observe any additional instructions given by Shibumi Shop, or by authorized Shibumi Shop personnel, regarding the use of the Website and its Contents. Likewise, we urge you to notify Shibumi Shop of any fact that you become aware of and involve conduct contrary to the law or violate the rights of any third party either through the tools of the Website or through the contact form.
Therefore, the User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (I) using the contents for purposes or effects contrary to the law, morality and generally accepted good customs or public order, (II) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted; and (III) use the Contents and, in particular, the information of any kind obtained through the page or the services to send advertising, communications for direct sales purposes or for any other kind of purpose.commercial, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to refrain from marketing or disclosing said information in any way.
Shibumi Shop, reserves the right to immediately terminate the Registered User if it considers, in its sole discretion, that the Registered User is carrying out any activity that constitutes or may constitute a breach of these General Conditions.
The owner of this website is exempt from liability in those cases in which the information provided is false, or that which is published on it has been manipulated by third parties.
Likewise, the owner of the web portal declines any responsibility that may arise as a result of its erroneous operation, as a result of viruses, malicious programs or harmful content; of the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use.
Spaces and tools for participation
Registered User Profile
The Website makes different spaces and participation tools available to the User to encourage conversation and the exchange of ideas and opinions among Users. Its objective is to remain open and accessible to any User as long as he respects these General Conditions.
By means of these tools and spaces, the Registered User may have their own space, called Profile, which will identify them under their real name or their User identifier associated with the User account. The User account may, if the Registered User so chooses, be associated with an image of his choice and that will visually represent him in the different participation spaces of the Website. The avatars of those Users that the Registered User follows and also those that follow the Registered User will be visible in the Profile so that you can be informed and easily recognize them.
Participation activity on the Website will be reflected in the Profile. The Registered User's comments are public and can be consulted collected in the Profile together with the responses and mentions received from other Users. Other Users may follow the activity of the Registered User that is generated on the Website, the comments or the contests and promotions in which the Registered User is participating. This Profile will be of a general public nature but will be kept hidden, only visible by the User, certain activities of a private nature (such as initiation of monitoring, moderated content, individual notifications of participation in promotions and games and any other private notifications).
Rules of Participation
In no case will the publication of content that manifestly promote hatred, contempt or discrimination on grounds of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance will be allowed. Nor will, in any case, whatever their purpose, attempts to impersonate third parties or the publication of private contact information will be tolerated.
Messages containing 'spam' or those with links to sites that have nothing to do with the reason for the conversation will not be approved either.
Polite messages are sought for an exchange of opinions, so that personal attacks and messages not related to the conversation will not be allowed.
To avoid repeated comments, it is recommended to read a conversation first before participating in it.
The Registered User is responsible for all the manifestations on the internet as in any other place.
The messages of Registered Users do not necessarily correspond to our editorial line.
The Website reserves the right to delete, for any reason and without prior notice, any information or content generated in the participation spaces.
The Website makes available a tool to report inappropriate messages or content accessible through a button enabled for this purpose.
The Website expressly declines any responsibility arising from the content hosted by Registered Users, without prejudice to which it will adopt the appropriate measures to detect and address claims about possible illegal activities by them, expressly reserving the possibility of interrupting At any time and without prior notice, temporarily or permanently, the participation service offered to any User whose content may be considered illegal, prohibited or simply inappropriate.
In the caso that the User sends content of any kind to the Website, including, but not limited to, photographs, images with or without movement, texts, information, databases, sound recordings or any other works or services, (hereinafter, the Generated Contents) it declares, guarantees and accepts that the different uses of the General Contents in the terms established in these General Conditions are not susceptible to infringing any intellectual or industrial property right, duty of confidentiality, trade secret or any other right third.
In the event that the Generated Contents consist of images (including therefore the avatar) the User declares and guarantees:
- That you are of legal age.
- What is the author or owner of the image rights.
- That the person or persons whose image is reproduced in the Generated Contents have expressly and unequivocally consented to the capture of their image, as well as its reproduction and public dissemination. In the event that the person whose image is reproduced is a minor, the User guarantees that he / she has obtained the express and unequivocal consent for the capture, reproduction and public dissemination of the image of the minor's parents or guardians and may accredit it at any time that is required to do so.
The User assumes responsibility and guarantees to hold Shibumi Shop harmless from any type of damage that occurs as a result of the User's breach of the provisions established in the two preceding paragraphs. This responsibility includes, but is not limited to, the accuracy, legality, originality and ownership of the Generated Contents.
The User assigns free of charge to Shibumi Shop., without exclusive character, the industrial and intellectual property rights and any other type of right over the Generated Contents, including, without limitation, the rights of reproduction, distribution, communication public (including its method of making it available) and transformation for its exploitation by any means, support or format and through any system, procedure or mode of transmission, communication or distribution, whether free or paid, using the Generated Contents alone or jointly with another. The transfer in favor of Shibumi Shop., Is made for everyone, for the entire duration of the rights and includes the power to transfer to third parties.
Shibumi Shop., reserves the right to decide on the disclosure or publication of the Generated Contents.
Regarding the publications in the "memes" section of Generated Content received from users, the only purpose pursued is entertainment, so if you consider that their content is very inappropriate, you can notify us, and We will proceed to its elimination if we deem it appropriate.
Responsibilities and guarantees
Shibumi Shop., does not guarantee the legality, reliability, usefulness, veracity or accuracy of the services or information that it disseminates through the Website.
Consequently, Shibumi Shop., does not guarantee or is responsible for: (i) the operation of the Website; (ii) the continuity of the Contents of the Website; (ii) the absence of errors in said Contents nor the correction of any defect that may occur; (iii) the absence of viruses and / or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and / or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Website; (vi) the damages caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that Shibumi Shop., establishes on the Website or through the violation of the Website's security systems .
However, Shibumi Shop., declares that it has diligently adopted the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and prevent the existence and transmission to Users of viruses and other harmful components.
Links to other Websites
On the Website, the User may find links to other web pages through different buttons, links, banners, etc., which are managed by third parties. Shibumi Shop, does not assume any type of responsibility for any aspect related to the linked web page.
Links on other websites to the Website
If any third party, entity or website wishes to establish any type of link to the Website must abide by the following coConditions and requirements:
- The link may be directed to the Main Page of the Website.
- The link must be absolute and complete, that is, it must take the User, by means of a click, to the URL of Shibumi Shop., www.shibumishop.com and it must fully cover the entire screen of the Website. In no case, unless Shibumi Shop authorizes it expressly and in writing, the website that makes the link may reproduce, in any way, the Website, include it as part of its website or within one of its "frames "or create a" browser "on any of the pages of the Website.
- - On the page that establishes the link, it cannot be declared in any way that Shibumi Shop has authorized such a link, unless Shibumi Shop has done so expressly and in writing. If the entity that makes the link from its page to the Website wishes to include on its website the brand, denomination, commercial name, label, logo, slogan or any other type of identifying element of Shibumi Shop, and / or the Website, You must first have your express and written authorization.
- Shibumi Shop., does not authorize the establishment of a link to the Website from those web pages that manifestly promote hatred, contempt or discrimination on grounds of birth, race, sex, religion, nationality, opinion or Any other personal or social circumstance and in general, that contravene morality, public order or generally accepted social norms.
Shibumi Shop., does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Web Site, specifically, by way of example and not limited to , on its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
- Services provided by third parties through the Website
- Shibumi Shop., does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Website or on which Shibumi Shop. only acts as an advertising channel or intermediary service provider.
- Shibumi Shop., will not be responsible for damages of any kind caused by the services provided by third parties through this page, and in particular, by way of example, those caused by:
- the breach of the law, morality or public order;
- the incorporation of viruses or any other computer code, file or program that may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment;
- the infringement of intellectual and industrial property rights, of business secrets, of contractual commitments of any kind;
- the performance of acts that constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition;
- the lack of veracity, accuracy, quality, relevance and / or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible;
- the infringement of the rights to honor, personal and family privacy and the image of people or, in general, any type of third party rights;
- the inadequacy for any kind of purpose and defraud udation of the expectations generated, or the vices and defects that could be generated in the relationship with third parties; and
- the breach, delay in performance, defective performance or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
Duration and modification
Shibumi Shop., You may modify the terms and conditions stipulated here, in whole or in part, publishing any change in the same way as these general conditions appear or through any type of communication directed to Users.
The temporary validity of these General Conditions coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified general conditions will take effect.
Regardless of the provisions of the particular conditions, Shibumi Shop., may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the possibility for the User of demand any compensation. After said termination, the prohibitions on the use of the Contents set forth above in these General Conditions will remain in force.
The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of the General Conditions.
In the event of a discrepancy between the provisions of these General Conditions and the particular conditions of each specific service, the provisions of the latter shall prevail.
In the event that any provision or provisions of these General Conditions were considered null or void, in whole or in part, by any Court, Tribunal or competent administrative body , said nullity or inapplication will not affect the other provisions of the General Conditions or the particular conditions of the different services of Shibumi Shop,
The non-exercise or execution by Shibumi Shop, of any right or provision contained in these General Conditions will not constitute a waiver thereof, unless acknowledgment and agreement in writing by you.
The applicable law in case of dispute or conflict of interpretation of the terms that make up this legal notice, as well as any question related to the services of this portal, will be Spanish law.
Information related to online dispute resolution of Art. 14, para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission offers consumers the opportunity to resolve disputes online in accordance with Art. 14, para. 1 of the ODR on one of its platforms. The platform ( http://ec.europa.eu/consumers/odr ) serves as a website where consumers can try to reach settlements without going to trial related to disputes that arise in online purchases and service contracts.