Legal Note
By means of this warning and according to the contents of article 10 of Law 34/2002, of Sociedad de la Informacion y de Comercio Electronico, we inform the user that this website is a property of HQ DIGITAL IMATGES, S.L. (later on, NENABLUE) with its head office in Barcelona and email address client@sexmediterraneo.com ; with CIF number B63566186 registered in the Barcelona Mercantil Registry, Tomo 36748, Folio 205, Hoja B285138.
SEXMEDITERRANEO offers its services and products which are promoted on our website in accordance with the following General Conditions (GC). In this way, by simply visiting, acquiring services and products offered on our website it is understood that you accept openly the users terms and conditions of our website (named User below)
For that reason, before visiting our website, please pay careful attention to the content of the GC, which will give you all the necessary information about how to proceed if you wish to contract our goods or services.
In order to obtain any SEXMEDITERRANEO products or services the user openly adheres to the terms and conditions of GC published on the SeXmediterraneo website. SEXMEDITERRANEO users must read the GC every time they acquire any SEXMEDITERRANEO product or service.
2. Object:
The object of this contract is for SEXMEDITERRANEO to offer its services and products presented on the web site according to the following stipulations in line with current trade laws.
3. Types of products and services:
3.1 SEXMEDITERRANEO offers a number of different types of products and services. We can distinguish between goods and services which are offered directly by SEXMEDITERRANEO and goods and services offered by third parties in a commercial relationship with SEXMEDITERRANEO:
• Goods and services offered directly by SEXMEDITERRANEO on the web site will be distinguished from others by the brand or logo SEXMEDITERRANEO.
• Goods and services offered by third parties will be distinguished from SEXMEDITERRANEO goods and services by the brand and logo relating to the said third party. Contracting one of these services or goods by the user will imply that SEXMEDITERRANEO will mediate between the user and the third party, fulfil its responsibilities to charge, send and return goods/services stipulated and conform to the GC.
3.2. For specific goods or services, SEXMEDITERRANEO could establish links, which it considers necessary in order to give satisfactory information about said product or service. These new links could include new General Conditions to contract said goods or services, these will take precedence over the GC. expressed here.
3.3. The user will be completely responsible for the use of the contracted goods or services. SEXMEDITERRANEO will be considered completely exonerated of any damage provoked by the correct or incorrect use of said contracted goods or services.
4. Industrial and intellectual property
SEXMEDITERRANEO is the only owner of any intellectual copyrights for contents included on the website (texts, photos, video…), such as the structure, web design or html code, except if it’s specified a different copyright. There’s a copyright on every commercial name, brand or other commercial sign present on the website. Reproduction, commercialization, manipulation, distribution or public diffusion of any contents of this website, and also its design or presentation, except for personal and domestic use is strictly prohibited.
For different uses it will be necessary a specific authorization by SEXMEDITERRANEO, considered as the only owner of said intellectual copyrights.
In the same way, the user accepts that any information proceeding from the website is protected by copyright, and for any improper use of said information SEXMEDITERRANEO will not considered responsible.
5. Operativity:
1.Current GC will became operative in the moment the user accesses the website and it is understood that the user accepts all GC specified in this text.
2. According to article 2 of the Royal Decree 1906/1999 regarding Trade General Conditions, SEXMEDITERRANEO guarantees that said GC have been published for a public consultation for more than the minimum period of three days established by said Trade General Conditions, to permit its previous knowledge before acquiring any goods or service.
6. Retail Price and Methods of Payment:
1. The retail Price of each good or service will be clearly expressed on the website, with additional postal charges where specified.
2. The Retail Price of a product could be modified by SEXMEDITERRANEO or a third party, with a previous publication of the new price on the website. For that reason we strongly recommend you to refresh your cache memory (just click on Refresh on your browser) to have the current price of products and services. In any case SEXMEDITERRANEO will not be considered responsible for any discrepancy between the old price and attributes of the un-updated product and the updated attributes of the acquired product.
3. The User who acquires any goods or service, will undertake to pay the amount stipulated on the website for the specific goods or service once he fills in and submits the order form. Goods or Services will be delivered or offered once SEXMEDITERRANEO has received the stipulated amount.
4. The User who wants to acquire any products or services offered by SEXMEDITERRANEO has to pay the stipulated amount by credit card or bank transaction on behalf of SEXMEDITERRANEO, or other methods of payment expressed on the website. The User can choose any of these methods of payment, specifying it in the order form offered by SEXMEDITERRANEO.
5. Taxes and postal charges are not included in the price of products or services offered by SEXMEDITERRANEO
7. Acquiring User Duties:
a. User will undertake to fulfil following duties related with SEXMEDITERRANEO trade:
i. Fill in the order blank and its fields following all the instructions indicated by SEXMEDITERRANEO.
ii. Pay the amount for the product, which the user is going to acquire, following all the instructions indicated by SEXMEDITERRANEO and accorded to the contract.
iii.Verify that the offer about the demanded good is still in force, it is updated to the current conditions and it doesn’t represent an old version of the said product, saved in the cache memory of your Pc (we strongly recommend to click on Refresh button on your browser, before proceeding to any transaction).
8. Responsibilities
a. Acquiring user will be considered totally responsible of any detail or information which he fills in the SEXMEDITERRANEO order blank, as well as he will be considered completely responsible of any content included in other communications for SEXMEDITERRANEO by any other way.
b. The mere act of sending any order blank and its correspondent amount doesn’t imply an automatic acceptance of the said order. It is understood that the order is accepted only when SEXMEDITERRANEO will remit to the acquiring user a communication where the company will proceed to fulfil said order.
c. SEXMEDITERRANEO will not considered responsible of any content, quality or fulfilment of any goods or services exhibit on its shop on line, which don’t possess the SEXMEDITERRANEO logo and/or brand. In these circumstances third parties, which produce/offer said goods or service will be considered the only and totally responsible towards the user.
d. Acquiring user will be considered the only responsible of any consequence, damage and injury, lost profits, etcetera due to an incorrect or correct use of the good by the same acquiring user or a third party, except in case of guilt or negligence concerned the entity which offered said service.
9. Surrender of property and subrogation
SEXMEDITERRANEO could engage or collaborate with sub-contractors, or hand over formalized contract to third parties, to fulfil the totality or a part of ordered services or goods, formalized according to the current GC.
10. Notifications and notices
a. Any notification or notice from any party must be remitted in any method, which grants a secure transfer of information, possibly via email.
b. User or acquire user can remit his notifications to SEXMEDITERRANEO at the following address: C/ Angel Guimerá, 48, 08660 Balsareny – Barcelona or at the email account client@sexmediterraneo.com
11. Relationship with other contracts
Notwithstanding previous GC, to acquire a specific good is possibly to add others new and more specific GC with the previous user’s approval. In this specific case the new GC, these will take precedence over the GC expressed here.
12. Invalidity and partial nullity
If some contract resolution was considered null or inapplicable (totally or partially) by any court, tribunal or official organ, said invalidity or partial nullity will not affect the other contract resolutions, which will be still considered in force.
13. Applicable law and competent jurisdiction
a. The current contract will be interpreted and ruled according to the current Spanish legislation.
b. Tribunals of Barcelona will be considered the only competent in case of any kind of lawsuit or problem, due to the stipulation, execution or interpretation of the sale contract between SEXMEDITERRANEO and its client, except in case he was considered as consumer.