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Purpose and Acceptance
This legal notice governs the use of the website https://www.totrunning.com (hereinafter, the website), owned by TOTRUNNING & COMPLEMENTS, SL (hereinafter, THE PROVIDER).
THE PROVIDER makes this document available to users in order to comply with the obligations set out in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, and to inform all users of the website’s terms of use.
THE PROVIDER may modify this legal notice at any time, as well as any other general or specific terms, usage rules, instructions or notices that may apply, notifying users with sufficient advance notice in order to improve the services offered through the website. Publishing the modified legal notice on the website shall be deemed sufficient to fulfil this notification obligation.
Browsing THE PROVIDER’s website grants the status of user and implies full and unreserved acceptance of each and every provision included in this legal notice, which may be subject to modification; therefore, if the user does not agree with any of the conditions set out herein, they should not use this website.
THE PROVIDER also reserves the right to suspend, interrupt or discontinue operation of the website at any time.
We therefore recommend reviewing the content of this legal notice beforehand in order to be aware at all times of the conditions of access, use and utilisation of the website.
This website has been created by THE PROVIDER for informational purposes and for the personal use of users. This legal notice aims to regulate access to and use of this website, as well as the relationship between the website and its users.
By accessing this website, you accept the following terms and conditions:
a) Access to this website is the sole responsibility of users.
b) Simply accessing this website does not create any kind of business relationship between THE PROVIDER and the user.
c) Accessing and browsing this website implies accepting and being aware of the legal notices, conditions and terms of use contained herein.
d) THE PROVIDER may offer services that may be subject to their own specific terms, which, depending on the case, may replace, supplement and/or modify these conditions, and of which the user will be informed in each specific case.
e) The user agrees to make correct use of the website in accordance with the law, good faith, public order, generally accepted practices, and this Legal Notice. The user shall be liable to THE PROVIDER or to third parties for any damages that may be caused as a result of failing to comply with this obligation.
About
Under the domain totrunning.com, the following services are offered:
Provider: TOTRUNNING & COMPLEMENTS, SL
Tax ID (N.I.F.): B66268228
Address: Calle Sant Cugat, nº 22 - 08191 Rubí, Barcelona (Spain)
Phone: +34.93.588.43.60
Email: info@totrunning.com
All notifications and communications between users and THE PROVIDER shall be deemed effective, for all purposes, when made by post or by any other of the means detailed above.
Content
The website provides users with information about women’s clothing items and/or products and accessories that can be purchased through the online store made available by THE PROVIDER.
Access to the website
Access to the website is free of charge for the user, except for the cost of the telecommunications network connection supplied by the access provider contracted by the user, and implies, without reservation, acceptance of these terms of use, which the user confirms fully understanding.
In general, prior registration by the user is not required to access the website’s informational content.
However, some services require prior registration by the user, by completing the relevant electronic registration forms provided for that purpose on the website and accepting the terms and conditions of use established by THE PROVIDER for that purpose.
Access credentials or similar
If any website service includes access credentials or usernames, the User shall choose and provide their own access credentials (username, e-mail, log, password, or similar), and may not choose words, expressions or graphic combinations that are offensive, insulting, coincide with trademarks, trade names, business signs, company names, advertising slogans, names and pseudonyms of public figures or celebrities for whose use they are not authorised, and, in general, anything contrary to the law or to generally accepted standards of morality and decency.
The username (log) is assigned automatically once chosen by the User. If the requested credentials are already reserved, the User must enter new access credentials.
The user is responsible for maintaining the confidentiality of the password associated with their account, which they will use to access the website, and agrees to make diligent use of the access credentials, not to make them available to third parties, and to notify THE PROVIDER of any loss or theft of the access credentials and of any possible access to them by a third party.
If the user detects any unauthorised use of their account, they must notify THE PROVIDER immediately.
Minors
Regarding the browsing of the website by minors, the user is advised that THE PROVIDER cannot control, among other circumstances, whether minors under 14 years of age use the website and its services. Therefore, THE PROVIDER assumes no responsibility in this regard, and it is hereby stated that parents and guardians are solely responsible for supervising and assisting minors in browsing this website and for enabling any other necessary mechanisms that, where applicable, prevent minors from accessing the website and/or its services; THE PROVIDER will not accept any claim in this regard.
Should any of our services be specifically aimed at minors, THE PROVIDER will request the consent of parents or guardians for the collection of personal data or, where applicable, for the automated processing of such data.
Rules for using the website
The user agrees to use the website and all its content and services in accordance with the law, morality, public order and these conditions.
THE PROVIDER may interrupt access to its website at any time if it detects use that is contrary to the law, good faith or these conditions.
Likewise, the user expressly agrees and undertakes to make appropriate use of the website’s content and services and not to use them to:
a) Disseminate criminal, violent, pornographic, racist, xenophobic or offensive content, content that promotes terrorism or, in general, content that is contrary to the law or public order.
b) Carry out illegal activities or activities that constitute a criminal offence, that infringe the rights of third parties and/or that violate intellectual or industrial property regulations, or any other applicable legal regulations.
c) Introduce computer viruses onto the network or carry out actions likely to alter, damage, interrupt or cause errors or damage to the electronic documents, data or physical and logical systems of THE PROVIDER or third parties; as well as hinder other users’ access to the website and its services through the massive consumption of the computer resources through which THE PROVIDER provides its services.
d) Attempt to access other users’ email accounts or restricted areas of the website and, where applicable, extract information.
e) Impersonate another user, public administrations or a third party.
f) Reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the content, unless authorised by the owner of the corresponding rights or legally permitted.
g) Collect data for advertising purposes and send advertising of any kind and communications for sales purposes or of another commercial nature without prior request or consent.
Disclaimer of Liability
The user’s access to the website does not imply any obligation on the part of THE PROVIDER to monitor the absence of viruses, worms or any other harmful computer element. It is the user’s responsibility, in any case, to have appropriate tools available for detecting and disinfecting harmful computer programs.
THE PROVIDER is not responsible for any damage caused to the software and computer equipment of users or third parties while using the services offered on the website.
THE PROVIDER is not responsible for any damages of any kind suffered by the user as a result of failures or disconnections in telecommunications networks that result in the suspension, cancellation or interruption of the website service during or prior to its provision.
THE PROVIDER reserves the right to make, without prior notice, any modifications it deems appropriate to its website, and may change, remove or add content and services provided through it, as well as the way in which they appear or are located on the website.
Intellectual and Industrial Property
The website, including, by way of example but not limitation, its programming, editing, compilation and other elements necessary for its operation, source code, designs, logos, texts and/or graphics, are the property of THE PROVIDER or, where applicable, THE PROVIDER has a licence or express authorisation from the authors.
All content on the website is duly protected by intellectual and industrial property regulations, and registered in the corresponding public registries.
Total or partial reproduction, use, exploitation, distribution and marketing require, in all cases, prior written authorisation from THE PROVIDER.
Any use not previously authorised by THE PROVIDER will be considered a serious infringement of the author’s intellectual or industrial property rights.
Designs, logos, text and/or graphics not belonging to THE PROVIDER that may appear on the website belong to their respective owners, who are themselves responsible for any possible dispute that may arise regarding them.
THE PROVIDER acknowledges the corresponding industrial and intellectual property rights in favour of their owners; their mere mention or appearance on the website does not imply the existence of any rights or liability on the part of THE PROVIDER over them, nor any endorsement, sponsorship or recommendation by THE PROVIDER.
Links
The establishment of a hyperlink does not, in any case, imply the existence of a relationship between THE PROVIDER and the owner of the website on which it is established, nor the acceptance or approval by THE PROVIDER of its content or services.
Anyone wishing to establish a hyperlink must first request written authorisation from THE PROVIDER.
In any case, the hyperlink will only allow access to the home page of the websites, and the party establishing the link must refrain from making false, inaccurate or incorrect statements or indications about THE PROVIDER, or including illegal content contrary to accepted standards of decency and public order.
THE PROVIDER is not responsible for the use each user makes of the information made available on the website, nor for any actions they take based on it.
THE PROVIDER assumes no responsibility for the information contained in third-party websites that may be accessed via “links” or hyperlinks from any website owned by THE PROVIDER.
The presence of “links” or hyperlinks on THE PROVIDER’s website is purely for informational purposes and under no circumstances implies suggestion, invitation or recommendation regarding them.
Sending of Commercial Communications
In compliance with the provisions of the Second Final Provision of Law 9/2014, of 9 May, on Telecommunications, which amends Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, commercial communications made electronically must be clearly identifiable as such, and the individual or legal entity on whose behalf they are made must also be clearly identifiable, without prejudice to the provisions of regulations issued by Autonomous Communities with exclusive competence over consumer matters.
The user who provides their contact details to THE PROVIDER by clicking the “SUBMIT” button on the electronic personal data collection forms on the website and ticks the two consent boxes, “I accept the processing of my data for the purposes stated in the basic data protection information” and “I give my consent to receive commercial communications about your articles and/or products”, expressly authorises and grants their free, express and unambiguous consent to THE PROVIDER to process their personal data for the purpose of sending them commercial communications about its articles and/or products by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent electronic communication means.
The legal basis legitimising this processing is the data subject’s consent, which may be withdrawn at any time.
In compliance with the provisions of Articles 21 and 22 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the user may object to the processing of their data for promotional purposes and withdraw their consent to receiving commercial communications by email by simply notifying THE PROVIDER of their wish, through a simple and free procedure consisting of sending an email to info@totrunning.com, stating “UNSUBSCRIBE” or “DO NOT SEND” in the subject line of the message.
IP Addresses
The website’s servers may automatically detect the IP address and domain name used by the user.
An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity log that allows the subsequent processing of data in order to obtain purely statistical measurements that make it possible to find out the number of page impressions, the number of visits made to the web services, the order of visits, the point of access, etc.
Exemption from Liability
THE PROVIDER is exempt from any liability arising from information published on its website, provided that such information has been manipulated or introduced by an unrelated third party.
In accordance with Articles 11 and 16 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, THE PROVIDER is available to users, competent authorities and law enforcement agencies to remove or block content that infringes the law, the rights of third parties or public morality and order.
The website has been reviewed and tested to ensure it functions correctly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, THE PROVIDER does not rule out the possibility of certain programming errors occurring, or of force majeure events, natural disasters, strikes or similar circumstances occurring that make access to the website impossible.
THE PROVIDER does not guarantee uninterrupted operation of the application due to causes beyond its control.
In the event of an interruption to the website’s operation, THE PROVIDER undertakes to restore it to proper working order as soon as possible.
Procedure in the event of unlawful activity
If any user or third party considers that there are facts or circumstances revealing the unlawful nature of the use of any content and/or the carrying out of any activity on the web pages included in or accessible through the website, they must send a notification to THE PROVIDER duly identifying themselves, specifying the alleged infringements, and expressly declaring, under their own responsibility, that the information provided in the notification is accurate.
Applicable Law and Jurisdiction
Spanish law shall apply to the resolution of any disputes or issues related to this website or the activities carried out on it, to which the parties expressly submit, with the Courts and Tribunals of Barcelona (Spain) having jurisdiction to resolve any disputes arising from or related to its use, unless the user is a consumer, in which case the parties submit to the Courts and Tribunals of the consumer’s place of habitual residence.
If any clause included in these conditions is declared wholly or partially null or ineffective, such nullity or ineffectiveness shall only affect that provision, or the part thereof that is null or ineffective, and these conditions shall remain in force in all other respects, with such provision being deemed not included, in whole or in part.
