The website https://www.komoshi.com/ is owned by Gerard Sisquella with NIF 36523971v, (hereinafter referred to as “the Website”), with the address Puerto Principe 12 2o1a, 08027 Barcelona, Spain
KOMOSHI is making this document available to users in order to comply with the obligations in the Spanish Information Society Services and E-commerce Act 34/2002 of 11 July [Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico] and to inform them about the Website’s Terms and Conditions of Use, which can be accessed through the “Terms and Conditions of Use” link.
Anyone who accesses this website undertakes to comply with that set forth herein, as well as the other legal and commercial notices made available by KOMOSHI through the various links on the Website. KOMOSHI reserves the right to modify the information on the Website, without any obligation to give users notice of such modifications. Publication on the website itself is deemed sufficient.
3. USE OF THE WEBSITE
3.1 USE OF THE WEBSITE
The Customer undertakes to make use of this webpage solely in order to browse or place orders in a manner that is legally valid and not to place any false or fraudulent orders. Otherwise we will be authorized to cancel them and inform the appropriate authorities.
The User must not make any prohibited use of this website, meaning, inter alia, intentionally introducing viruses, Trojans or any other technologically damaging material.
We will not be responsible for any damage or loss that may affect your computer as a consequence of such actions or using this webpage or downloading content from it or pages it links to.
3.2 LINKS TO OTHER WEBPAGES
Our website may contain links to other webpages, social networks and third-party materials. These links are provided merely for informative purposes and KOMOSHI has no control over the contents of such webpages or materials. Consequently, KOMOSHI accepts no liability for any damages or losses arising from the use of such links or third-party materials.
3.3 INTELLECTUAL AND INDUSTRIAL PROPERTY
The https://www.komoshi.com/ website belong to KOMOSHI Consequently, it is utterly prohibited to make use thereof without prior, express authorization from us in writing.
The intellectual and industrial property rights over the content on the Website (including the designs, texts, images, typefaces, graphics, icons, photographs and other audiovisual or sound content, as well as the sui generis right over the database), its graphic design (look & feel), the distinctive signs (trademarks and trade names), underlying computer programs (including the source code), as well as the various elements included in the Website belong to KOMOSHI and KOMOSHI alone holds the right to use or exploit them and they constitute works protected by the intellectual and industrial property legislation in force, both in Spain and in other jurisdictions.
In no way does use of the Website by the User imply the assignment of intellectual and/or industrial property rights over it, its content and/or the distinctive signs. For that purpose, and except in cases in which it is legally permitted, the User is hereby expressly prohibited from reproducing, processing, distributing, publicly communicating, making available, extracting and/or reusing all or part of the Website’s content.
It is utterly prohibited to copy or modify, in whole or in part, the designs, texts, images, typefaces, graphics, icons, trademarks and other visual content. Hence, the Website’s content may not be used or reproduced, in whole or in part, in any application or webpage, may not be printed on any physical product and also may not be copied, reproduced, modified, used or distributed for commercial purposes. Likewise, it is expressly prohibited to reproduce this website, in whole or in part, through a hyperlink without prior, express authorization from KOMOSHI in writing.
KOMOSHI reserves the right to file any civil or criminal action it may be entitled to file against users who infringe its industrial or intellectual property rights.
3.4 DATA PROTECTION
KOMOSHI complies with the guidelines in Organic Law 15/1999 of 13 December on the Protection of Personal Data [Ley Orgánica 15/1999, de 13 de diciembre de Protección de Datos de Carácter Personal] (hereinafter referred to by its initials in Spanish, LOPD) and the regulations that develop it. Visiting this website does not imply that the user has any obligation to provide any information about him/herself. If the user provides any personal information, the data gathered shall be used for the purpose, in the manner and with the restrictions and rights set forth in the LOPD.
We hereby inform you, pursuant to the LOPD, that the personal data on this form will be included in a filing system owned by KOMOSHI for the purpose of channeling information requests, suggestions and complaints by customers in order to process and resolve them. The client may exercise his/her rights of access, rectification, objection and deletion by writing by post or e-mail to:
Puerto Principe 12 2o1a
The purposes for which the data are being gathered will be specified on the data form itself. These include processing registration as a user, sending commercial information about future campaigns, products and/or services by post or e-mail, including SMS, as well as carrying out surveys. Users who provide personal data indisputably consent to their data being included in a filing system of which KOMOSHI is the controller, as well as processing of them by computer or other means.
KOMOSHI has put the necessary technical and organizational measures in place to ensure the security and integrity of the data, as well as to prevent their alteration or loss, or unauthorized processing or access to them. Users whose data are processed may exercise, free of charge, the rights of objection, access, information, rectification and deletion of their data, as well as revoke their authorization, without retroactive effect, in the terms set forth in the LOPD, in accordance with the legally established procedure.
These rights may be exercised by writing to the e-mail address firstname.lastname@example.org. At the moment when the data are gathered, it will be stated whether it is voluntary or mandatory to provide the data being gathered.
KOMOSHI may provide nominal data to its commercial partners. The user may thus receive commercial offers from third parties. Hence, it is hereby specifically stated that unless the user expressly refuses, KOMOSHI may provide data concerning him/her to its commercial partners. However, as far as the customer’s e-mail address is concerned, KOMOSHI may only use or provide said address to its partners with the user’s express authorization. The user may, of course, withdraw such authorization at any time by informing us of his/her refusal by e-mail at the following address: email@example.com
In order to carry out and follow-up purchases and other services for the customer, which may be implemented in the future, the user must register his/her personal data and choose a password in order to access restricted areas that require prior identification. That will prevent him/her from having to fill them in thereafter. At the moment when you register on our server or place an order, your personal data and address details, as well as the transactions performed and in progress, are included in our database, and are solely used in order to process the order, and to follow it up.
If you have given your express consent, and until you revoke it, they will also be used to send you information about offers and services that might be of interest to you. You may modify your customer registration details (change of address, telephone number, etc.) or ask us to remind you of your password if you have forgotten it, at any time.
Cookies are small amounts of information stored in the browser used by each user so that the server remembers certain information that only the server that implemented it will subsequently read. Cookies generally have a limited time span. No cookie on this Website makes it possible to contact the user through his/her telephone number, e-mail address or any other means of contact. No cookie on this Website can extract data from the user’s hard drive or steal personal information. The only way, on this Website, that a user’s private information is part of the cookie file is when the user personally gives that information to the server.
KOMOSHI accepts no liability for delays in deliveries of orders or the impossibility of performing them that is due to force majeure and, therefore, is outside of our control. Among other reasons, we consider force majeure to apply in cases such as but not limited to the following: accidents; strikes; riots; terrorist threats or attacks; fire or explosions; meteorological causes or natural disasters such as storms, flooding, earthquake, subsidence and epidemics; problems outside of our control concerning means of transport or telecommunication systems. Insofar as possible, once the cause of the impossibility or delay in delivery has come to an end, KOMOSHI will do everything possible to resume its commercial business and comply with its obligations and shipments.
5. COMMERCIAL COMMUNICATIONS
Pursuant to article 20 et seq of the Information Society Services and E-commerce Act 34/2002 of 11 July [Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico], KOMOSHI does not send commercial communications by e-mail unless it has been expressly authorized by the recipient. In any case, the user may request, at any time, that he/she not be sent commercial information, through the customer service channels or by writing to us at the e-mail address .
6. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed and construed in accordance with Spanish law.
If there is any kind of disagreement or complaint between the parties concerning the performance or contents of these Terms and Conditions, the parties agree to have the matter decided by the competent courts and tribunals of the city of Barcelona.
Last updated: July 2019