LEGAL NOTICE
Purpose and Acceptance
This legal notice governs the use of the website https://esenziaclub.com, hereinafter referred to as "the website", which is owned by ESENZIA ENTERPRISE 2019, S.L., hereinafter referred to as "the SERVICE PROVIDER".
The SERVICE 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 terms and conditions of use of the website.
The SERVICE PROVIDER may modify this legal notice at any time, as well as any other general or specific conditions, usage regulations, instructions or notices that may apply, notifying users in advance in order to improve the services offered through the website. Such notification shall be deemed fulfilled upon publication of the updated legal notice on the website.
Browsing the SERVICE PROVIDER's website confers the status of user and implies full and unconditional acceptance of all provisions included in this legal notice, which may be subject to change. If the user does not agree with any of the conditions set out herein, they must not use this website.
The SERVICE PROVIDER also reserves the right to suspend, interrupt or cease operating the website at any time.
We therefore recommend reviewing the content of this legal notice beforehand in order to be aware of the conditions of access, use and operation of the website at all times.
This website has been created by the SERVICE PROVIDER for informational purposes and for the personal use of its 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 agree to the following terms and conditions:
a) Access to this website is the sole responsibility of users.
b) Merely accessing this website does not establish any commercial relationship between the SERVICE PROVIDER and the user.
c) Accessing and browsing this website implies acceptance and acknowledgement of the legal notices, conditions and terms of use contained herein.
d) The SERVICE PROVIDER may offer services subject to specific conditions which, depending on the case, may replace, supplement and/or modify the present conditions, and users will be informed accordingly in each specific case.
e) The user agrees to make proper use of the website in accordance with applicable laws, good faith, public order, accepted practices and this Legal Notice. The user shall be liable to the SERVICE PROVIDER or third parties for any damages that may arise from breach of this obligation.
About
The following services are offered under the domain esenziashop.es:
-
Provider: ESENZIA ENTERPRISE 2019, S.L.
-
Tax ID (N.I.F.): B16837858
-
Registered in the Seville Mercantile Registry, Volume 7120, Page 160, Section 8, Sheet SE132082
-
Address: C/ San Eloy, 25, 41001, Seville (Spain)
-
Email: atencionalcliente@esenziaclub.com
All notifications and communications between users and the SERVICE PROVIDER shall be considered effective, for all purposes, when made by post or any other means detailed above.
Content
The website provides users with information about the items and/or products available for purchase through the online store made available by the SERVICE PROVIDER.
Access to the Website
Access to the website is free of charge for users, except for the cost of the internet connection provided by the user's chosen access provider, and implies unconditional acceptance of these terms of use, which the user confirms to fully understand.
In general, prior registration is not required to access the informational content of the website.
However, some services require prior user registration by completing the relevant electronic registration forms available on the website and accepting the terms and conditions of use established by the SERVICE PROVIDER for that purpose.
Access Credentials
Should any service on the website require access credentials or usernames, the user shall choose and provide their own login details (username, email, log, password, or similar). Users may not choose words, expressions or graphic-denominative combinations that are offensive, defamatory, coincide with trademarks, trade names, business names, company names, advertising expressions, names or pseudonyms of public figures or celebrities without authorisation, or that are otherwise contrary to law or generally accepted standards of morality.
Usernames are assigned automatically following the user's selection. If the chosen credentials are already taken, the user must enter new login details.
The user is responsible for maintaining the confidentiality of the password associated with their account and for using their credentials diligently, not sharing them with third parties, and notifying the SERVICE PROVIDER of any loss, theft or unauthorised use of their access credentials.
If the user detects any unauthorised use of their account, they must notify the SERVICE PROVIDER immediately.
Minors
Regarding minors' use of the website, users are advised that the SERVICE PROVIDER cannot control, among other circumstances, whether children under the age of 14 access the website and its services. The SERVICE PROVIDER therefore assumes no liability in this regard. Parents and guardians are solely responsible for supervising and assisting minors in their use of this website and for enabling any necessary mechanisms to prevent minors from accessing the website and/or its services. The SERVICE PROVIDER will not accept any claims in this respect.
Should any of our services be specifically aimed at minors, the SERVICE 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.
Website Usage Rules
The user agrees to use the website and all its content and services in accordance with applicable law, morality, public order and these conditions.
The SERVICE PROVIDER may at any time suspend access to its website if it detects any use contrary to legality, good faith or these conditions.
The user expressly agrees not to use the website's content and services to:
a) Distribute criminal, violent, pornographic, racist, xenophobic, offensive content, content that promotes terrorism, or content that is generally contrary to law or public order.
b) Carry out unlawful or criminal activities that infringe the rights of third parties and/or violate intellectual and industrial property regulations or any other applicable laws.
c) Introduce computer viruses or carry out actions capable of altering, damaging, interrupting or generating errors in the electronic documents, data or physical and logical systems of the SERVICE PROVIDER or third parties, or obstructing other users' access to the website and its services through excessive use of computing resources.
d) Attempt to access other users' email accounts or restricted areas of the website and extract information.
e) Impersonate another user, a public authority or a third party.
f) Reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the content, unless authorised by the rights holder or permitted by law.
g) Collect data for advertising purposes or send any kind of advertising or commercial communications without prior request or consent.
Limitation of Liability
User access to the website does not oblige the SERVICE PROVIDER to monitor or guarantee the absence of viruses, worms or any other harmful software. It is the user's sole responsibility to have adequate tools for detecting and removing harmful software.
The SERVICE PROVIDER is not liable for any damage caused to the software or hardware of users or third parties during the use of services offered on the website.
The SERVICE PROVIDER is not liable for any damages arising from failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the website's service.
The SERVICE PROVIDER reserves the right to make changes to its website at any time without prior notice, including modifications to content, services, their presentation or their location on the website.
Intellectual and Industrial Property
The website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, source code, designs, logos, texts and/or graphics, are the property of the SERVICE PROVIDER or are used under an express licence or authorisation from their authors.
All content on the website is duly protected by intellectual and industrial property regulations and registered with the relevant public registries.
Any total or partial reproduction, use, exploitation, distribution or commercialisation requires prior written authorisation from the SERVICE PROVIDER.
Any unauthorised use will be considered a serious infringement of the author's intellectual or industrial property rights.
Designs, logos, text and/or graphics on the website that belong to third parties remain the property of their respective owners, who are solely responsible for any disputes that may arise regarding them.
The SERVICE PROVIDER acknowledges the corresponding intellectual and industrial property rights of their respective owners. Their mere mention or appearance on the website does not imply any rights or liability on the part of the SERVICE PROVIDER, nor does it constitute endorsement, sponsorship or recommendation.
Links
The inclusion of a hyperlink does not imply any relationship between the SERVICE PROVIDER and the owner of the linked website, nor does it constitute acceptance or approval of its content or services.
Anyone wishing to establish a hyperlink must first request written authorisation from the SERVICE PROVIDER.
In any case, hyperlinks may only provide access to the homepage of the linked websites. They must not include false, inaccurate or misleading statements about the SERVICE PROVIDER, or contain unlawful content contrary to accepted standards or public order.
The SERVICE PROVIDER is not responsible for how users make use of the information available on the website, nor for the actions they take based on it.
The SERVICE PROVIDER assumes no responsibility for the content of third-party websites accessible via links from any website owned by the SERVICE PROVIDER.
The presence of links on the SERVICE PROVIDER's website is for informational purposes only and does not constitute a suggestion, invitation or recommendation.
Sending 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 sent electronically must be clearly identifiable as such, and the natural or legal person on whose behalf they are sent must also be clearly identifiable.
Users who provide their contact details to the SERVICE PROVIDER by clicking the "SUBMIT" button on the electronic data collection forms on the website and affirmatively checking both consent boxes — "I accept the processing of my data for the purposes indicated in the basic data protection information" and "I give my consent to receive commercial communications about your items and/or products" — expressly and freely grant their consent to the SERVICE PROVIDER to process their personal data for the purpose of sending commercial communications about its items and/or products via post, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent electronic communication channels.
The legal basis for this processing is the user's consent, which may be withdrawn at any time.
In accordance with Articles 21 and 22 of Law 34/2002, users may object to the processing of their data for promotional purposes and withdraw their consent to receive commercial communications by email by simply notifying the SERVICE PROVIDER free of charge, by sending an email to atencionalcliente@esenziaclub.com with the subject line "UNSUBSCRIBE" or "DO NOT SEND".
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. This information is recorded in a server activity log file for subsequent processing solely for statistical purposes, such as determining the number of page impressions, visits to web services, visit sequences, access points, etc.
Disclaimer of Liability
The SERVICE PROVIDER disclaims any liability arising from information published on its website that has been manipulated or introduced by a third party.
In accordance with Articles 11 and 16 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the SERVICE PROVIDER is available to users, competent authorities and law enforcement agencies to remove or block any content that violates legislation, third-party rights, or standards of morality and public order.
The website has been reviewed and tested to ensure it functions correctly. In principle, availability can be guaranteed 365 days a year, 24 hours a day. However, the SERVICE PROVIDER does not rule out the possibility of programming errors or events of force majeure, natural disasters, strikes or similar circumstances that may prevent access to the website.
The SERVICE PROVIDER does not guarantee uninterrupted operation of the application due to circumstances beyond its control.
In the event of any interruption, the SERVICE PROVIDER undertakes to restore normal operation as soon as possible.
Procedure for Reporting Unlawful Activity
Should any user or third party consider that there are facts or circumstances indicating the unlawful nature of any content or activity on pages included in or accessible through the website, they must send a notification to the SERVICE 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
All disputes or matters relating to this website or the activities carried out on it shall be governed by Spanish law, to which the parties expressly submit. The Courts and Tribunals of Seville (Spain) shall have jurisdiction over all disputes arising from or related to its use, unless the user qualifies as a consumer, in which case the parties shall submit to the Courts and Tribunals of the consumer's place of habitual residence.
Should any clause included in these conditions be declared wholly or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null or ineffective. The remaining conditions shall continue in full force and effect, and the affected provision shall be considered wholly or partially excluded.
