Legal warning
0. Protection of personal data
In compliance with current legislation on Personal Data Protection, we inform you that the data you provide will be processed by OFTALVIST, with registered office at Avda. de Denia 103, Alicante, Spain, tax code B53685806, in order to manage and respond to your request. In this regard, we inform you that the legal basis for processing your data to manage and respond to requests is based on the legitimate interest of OFTALVIST, as well as compliance with a legal obligation.
We also inform you that you can access, rectify and delete the data, as well as exercise all your other rights recognised by the regulations, as per the terms that appear in the additional information that you can view in the OFTALVIST Data Protection Policy, which appears at the bottom of our website www.oftalvist.es.
I. PURPOSE
These General Conditions of Use regulate how visitors use the website www.oftalvist.es (hereinafter, the Website) that Oftalmología Vistahermosa SL (hereinafter OFTALVIST) provides in order to supply information about products and services, its own and/or those of third-party collaborators, and to provide access to them, in addition to the provision of services and goods (all of which are jointly referred to as the "Services").
OFTALVIST, with registered office at Avda. de Denia 103, Alicante, Spain, with tax code B53685806, is the owner of this Website, the use of which is regulated by this document. To contact OFTALVIST, you may use the postal address mentioned above, as well as the email address info@oftalvist.es and the phone number +34 901 010 190.
Due to the nature of the Website, as well as its content and purpose, practically all browsing that can be carried out on it must be done with the status of User, which is acquired in accordance with the procedures outlined therein. As such, the aforementioned condition of User implies compliance with the General Conditions in the version published at the moment when the Website is accessed.
OFTALVIST reserves the right to modify the presentation and configuration of the Website at any time, as well as these General Conditions. As such, OFTALVIST recommends that the User read the General Conditions carefully each time they access the Website. In any case, there are pages of the Website that are accessible to the general public, for which OFTALVIST also wishes to comply with its legal obligations and regulate the use of these pages. As such, users who access these parts of the Website implicitly agree to be subject to the terms and conditions outlined in these General Conditions, insofar as they may be applicable to them.
Finally, due to the inherent nature of this Website, it may be modified or there may be changes made to the contents of these General Conditions. For this reason, the User, and any other users who do not benefit from this status, are obliged to review these General Conditions every time they access the Website, with the assumption that the corresponding conditions in force at the moment they access it will be applicable to them.
II. ACCESS AND SECURITY
Users must first register before they can access the Services, once they have accepted the General Conditions, and will then be considered as Users and form part of the so-called "OFTALVIST Private Community". The User's login credentials will be composed of their e-mail address and a password.
To access their own account, the User will need to enter their e-mail address and password, which should contain at least 4 characters. The password is for personal use only and may not be transferred to third parties, even temporarily. Accordingly, the User commits to use their password diligently and to keep it secret, and they are fully responsible for any consequences should they divulge it to a third party. Should the User know or suspect that their password is being used by third parties, they should change it immediately, in the manner described on the Website.
III. CORRECT USE OF THE SERVICES
The User undertakes to use the Services diligently, correctly and lawfully, refraining from the following activities in particular, by means of example but without limitation:
(a) using the Services in a manner or for purposes that are contrary to the law, morality or generally accepted good customs or public order; (b) reproducing, copying, distributing, transforming or modifying the Services, or providing public access to them via any means of public communication, unless authorised by the owner of the corresponding rights or unless it is legally permitted; (c) carrying out any act that may be considered a breach of any intellectual or industrial property rights belonging to OFTALVIST or to third parties; (d) using the Services and, in particular, information of any kind obtained via the Website to send advertising content, communications for direct sales purposes or any other marketing purposes, or unsolicited messages to multiple individuals, regardless of their purpose, and nor may said information be sold or divulged by any means; The User shall be liable for any damages of any nature that OFTALVIST may suffer as a result of non-compliance with any of the aforementioned obligations or any other obligations included in these General Conditions and/or those imposed by the Law in relation to the use of this Website.
OFTALVIST shall at all times ensure respect for the legal system in force, and shall, at its sole discretion, be entitled to interrupt the Service or exclude the User from the Website should they commit, whether partially in full, any of the crimes or offences outlined by the Criminal Code in force, or should any conduct be observed that in OFTALVIST's opinion is contrary to these General Conditions, the General Conditions of Contract that operate for this Website, the Law, the rules established by OFTALVIST or its collaborators, or that may disturb the good functioning, image, credibility and/or prestige of OFTALVIST or its collaborators.
IV. PROPERTY RIGHTS
All the contents of the Website, such as text, graphics, photographs, logos, icons, images, graphic design, source code and software, are the exclusive property of OFTALVIST or of third parties, whose rights in this respect are legitimately held by OFTALVIST, and said contents are therefore protected by Spanish and international legislation.
It is strictly forbidden to use any elements subject to industrial and intellectual property for commercial purposes, neither may they be distributed, modified, altered or decompiled. The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable in accordance with articles 270 and following of the Spanish Penal Code. Whenever Users send observations, opinions or comments to the Website by e-mail or by any other means, where this is possible given the nature of the Services, it is understood that they authorise OFTALVIST to reproduce, distribute, publicly communicate, modify and exercise any other right of exploitation on said observations, opinions or comments, without territorial limitation and for the duration of copyright protection that is provided by the law. It is also understood that this authorisation is granted free of charge.
Any complaints that Users may seek to lodge in relation to possible breaches of intellectual or industrial property rights regarding any of the Services on this Website should be sent to the following e-mail address: recepcion@oftalvist.es.
V. EXCLUSION OF GUARANTEES AND LIABILITY
Irrespective of the provisions of the General Conditions of Contract relating to the contracting of goods contained in this Website, OFTALVIST is not responsible for the truthfulness, accuracy and quality of this Website or its services, information and materials. Such services, information and materials are provided "as is" and are accessible without any warranty of any kind.
OFTALVIST reserves the right to interrupt access to the Website, or to any or all of the Services provided through the Website, at any time and without prior notice, whether it be for technical, security, control or maintenance reasons, power failure, or any other justified cause. Consequently, OFTALVIST does not guarantee the reliability, availability or continuity of its Website or the Services, so the User makes use of the Website at their own risk, and OFTALVIST is not liable in this respect at any time.
OFTALVIST shall not be liable for any interruptions to the Services, delays, errors, malfunctions or, in general, any other inconveniences that arise as a result of incidents that are beyond the control of OFTALVIST, and/or fraudulent or wrongful actions carried out by the User, and/or incidents caused by a fortuitous event or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall be understood to include, for the purposes of these General Conditions, all events beyond the control of OFTALVIST, such as: failures of third parties, operators or service companies, Government acts, lack of access to third-party networks, acts or omissions by the Public Authorities, other events caused by natural phenomena, blackouts, etc., and attacks by hackers or third parties specialised in the security or integrity of the computer system, provided that OFTALVIST has adopted reasonable state-of-the-art security measures. In any case, whatever the cause, OFTALVIST shall not assume any liability for direct or indirect damages, consequential damage and/or loss of profit. OFTALVIST shall not be liable in any way for damages of any kind that may be incurred due to a lack of veracity, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website, or for Services provided or offered by third parties or entities.
OFTALVIST will do its best to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of veracity. However, it shall not be liable for any failure to update or rectify it or for the contents and information contained therein. Accordingly, OFTALVIST is not obliged to control, and does not control, contents transmitted, disseminated or made available to third parties by Users or collaborators, except in cases where this is required by current legislation or when it is demanded by a competent Judicial or Administrative Authority. Similarly, OFTALVIST is excluded from any liability for damages of any kind that may arise as a result of the presence of viruses or other harmful elements in the contents that may cause alterations to computer systems or the documents or systems stored within them.
OFTALVIST shall not be held liable for how the User makes use of the Services on the Website, their passwords or any other material on the Website, nor shall they be held liable should the User infringe on intellectual or industrial property rights or any other right of third parties. The User undertakes to hold OFTALVIST harmless for any damage, prejudice, sanction, expense (including, but without limitation, lawyers' fees) and civil, administrative or any other type of liability that OFTALVIST may suffer as a result of a User’s breach of or partial or improper compliance with the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to obligations regarding the protection of personal data included in these conditions or established in the GDPR and development regulations.
VII. LINKS TO OTHER WEBSITES
OFTALVIST does not guarantee or assume any liability for damage suffered through access to third-party Services via links to other websites, nor regarding the accuracy or reliability of these. Links on the OFTALVIST website are provided exclusively to inform the User of the existence of other sources of information on the internet, where they may expand on the Service offered by the Portal. In no case shall OFTALVIST be held liable for the results obtained through these links or any consequences that may arise from Users accessing them. These third-party Services are provided by said third parties, and as such OFTALVIST cannot control them and does not control the legality or quality of the Services. As a consequence, the User must exercise caution in evaluating and using the information and services present on third-party content.
VII. APPLICABLE LAW AND JURISDICTION
The user of this website and contracts for the purchase of products through said website shall be governed by Spanish law. Any dispute arising or related to use of the website or to said contracts shall be subject to the non-exclusive jurisdiction of the courts and tribunals of Spain. If You are contracting as a consumer, nothing in this clause shall affect the rights recognised by current legislation.
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