In compliance with the provisions set out in the Spanish Information Society Services and Electronic Commerce Act 2002 (Ley 34/2002 de Servicios de la Sociedad de la Información y del Comercio Electrónico), we hereby inform you of the terms and conditions regulating the permitted use of the Website the URL of which is http://www.lakme.com, which is made available to internet users by the company Lakmé Cosmetics S.L.U., with registered offices in Carrer Narcís Monturiol 27, 08960 Sant Just Desvern, Barcelona, Spain, tax ID number B-61208476 and registered in the Barcelona Companies Register, tome 29411, folio 21, sheet B 149826, first entry.
The purpose of the Website is to provide information about the products and services commercialised by Lakmé Cosmetics, S.L.U. and to bring users news from the professional cosmetics sector and about related events or courses. The Website has also been created as a meeting point for the company’s suppliers, customers and professionals.
1. For requests, questions or complaints, users may contact the company by conventional mail, email, phone or fax. The respective addresses and numbers are:
Postal address: C/ Narcís Monturiol 27, 08960 Sant Just Desvern, Barcelona, Spain
Email address: firstname.lastname@example.org
Customer services helpline: +34 934 701 111/+34 934 701 112
Fax: +34 933 719 116
2. These general terms and conditions regulate access to and use of the Website that Lakmé Cosmetics S.L.U. makes available free of charge to internet users. Access to the Website implies unreserved acceptance of these general terms and conditions. The use of certain services offered on this Website shall be further regulated by specific conditions set out for each case, which shall be understood as having been accepted by the mere fact of using such services.
3. Viewing, printing and partially downloading the Website’s content is authorised only and solely when the following conditions are met:
3.1. That such actions are compatible with the purposes of the Website specified at the beginning of this notice.
3.2. That such actions are taken with the sole aim of obtaining information from the Website’s content for personal and private use. Its use for commercial purposes, distribution, public communication, transformation or decompilation is expressly forbidden.
3.3. That none of the content from the Website is modified in any way.
3.4. That no graphic, icon or image available on the Website is used, copied or distributed separately from the text or the rest of the images accompanying it.
4. Lakmé Cosmetics S.L.U. reserves the right to change and update the information on the Website, as well as the Website’s configuration, presentation and access terms and conditions, at any time, without the need to give prior notice.
5. Lakmé Cosmetics, S.L.U. neither guarantees that there will not be any Website access or content interruptions or errors, nor that content is up to date. As soon as it becomes aware of errors, disconnections or a lack of up-to-date content, Lakmé Cosmetics, S.L.U. will carry out all tasks aimed at resolving the errors, re-establishing communication and updating content, unless there are causes making that impossible or difficult to execute.
6. Accessing the Website and making unauthorised use of the information on it is the sole responsibility and liability of the person doing so. Lakmé Cosmetics, S.L.U. shall not be responsible or liable for any loss or damage that may arise from such access or use. Lakmé Cosmetics S.L.U. shall not be held responsible or liable for security errors that may arise, or for loss or damage to a user’s computer system (hardware and software) or to files or documents stored on it as a result of:
6.1 the presence of a virus on the user’s computer that is used to connect to the Website’s content and services
6.2 improper functioning of the browser
6.3 the use of non-updated versions of the browser
7. Lakmé Cosmetics, S.L.U. does not assume any responsibility or liability for content linked from the Website whenever it is external to it, or guarantee the absence of viruses or other elements from it that may cause alterations to the user’s computer system (hardware and software) or to files or documents. Any responsibility or liability for loss or damage of any sort suffered by the user for this reason is excluded.
If users, customers or third parties considers that the content or comments that users post on the Website or the content or comments offered on linked Websites are illicit or cause loss or damage to the property or rights of the user, customer or third party, and in particular consist of:
7.1 activities or content that may be considered criminal in accordance with Spanish criminal law,
7.2 activities or content that violate intellectual or industrial property rights,
7.3 activities or content that endanger public order, criminal investigations, public safety or national security,
7.4 comments or content that endanger the protection of minors, respect for the dignity of the person and the principle of non-discrimination,
then we would ask them to let us know as soon as possible by sending an email to the address given in the Website contact section.
In any event, Lakmé Cosmetics, S.L.U. shall not be responsible or liable for opinions expressed by users in the forums, chats or other participation tools on the Website. Moreover, Lakmé Cosmetics, S.L.U. reserves the right to remove any content added to its Website that it considers inappropriate.
8. The unauthorised use or reselling of information from the Website, as well as the violation of Lakmé Cosmetics, S.L.U.’s intellectual or industrial property rights, shall give rise to responsibilities and liabilities established by law.
9. All third-party links to the Website shall point to the home page. Deep links, framing and any other unauthorised use of the Website’s content in favour of third parties is expressly forbidden.
10. Lakmé Cosmetics, S.L.U. and the user, expressly renouncing any other jurisdiction, agree to be subjected to the courts and tribunals of Barcelona (Spain) for any dispute that may arise from access to or use of the Website.
The intellectual property rights of the www.lakme.com Website (the “Website”), its source code, design, images, logos, navigation structure, databases and various elements on it are the property of Lakmé Cosmetics, S.L.U., which has sole rights to exploit them in any way it sees fit, especially rights of reproduction, copying, distribution, public communication and transformation.
Under no circumstances whatsoever does access to the Website imply the acquisition by users of any intellectual property right over the content appearing on it.
© 2009, LAKME COSMETICS, S.L.U., lakme.com. All rights reserved.
To use any of the Website’s services, users must first supply Lakmé Cosmetics, S.L.U. with some personal data (“Personal Data”). Lakmé Cosmetics, S.L.U. includes these Personal Data in a file, which it owns and which is entered in the register of the Spanish Data Protection Agency (Agencia Española de Protección de Datos) in compliance with the Spanish Data Protection Act 15/99 of 13 December, and, in turn, will automatically process these Personal Data for the following purposes:
In both cases, for sending commercial or promotional communications to users who have requested such services by checking the box created for that purpose on the respective form. This is established under the provisions legally set out in the Spanish Information Society Services and Electronic Commerce (LSSICE, Act 34/2002, of 11 July) and the Spanish General Telecommunications Act (LGT, Act 32/2003, of 3 November).
Under the Spanish Data Protection Act 15/99 referred to earlier, developed by Spanish Royal Decree 1720/2007 of 21 December, users can exercise their rights to access, rectify, oppose and cancel personal data by following the steps, providing the documents and fulfilling the requirements specified in the mentioned legislation. To do this, they can approach:
Lakmé Cosmetics, S.L.U.
C/ Narcís Monturiol 27
08960 Sant Just Desvern
Ref. LOPD (Data Protection Act)
The data supplied by the user are considered to be true when it comes to providing proper customer service in relation to the purposes of the Website.
Lakmé Cosmetics, S.L.U. has adopted appropriate security measures in its facilities, systems and files, as well as confidential processing of Personal Data in compliance with applicable legislation in force in Royal Decree 1720/2007 of 21 December, which develops the Spanish Data Protection Act referred to earlier, and it tries to install other additional protection means and measures.
To that end, the user gives his/her consent for the processing of his/her data for the purposes described earlier to Lakmé Cosmetics, S.L.U. This clause is also regulated by the provisions set out in Article 6 of the Spanish Data Protection Act referred to earlier and in Article 10.4 of Spanish Royal Decree 1720/2007 of 21 December. Lakmé Cosmetics, S.L.U. stipulates that Personal Data included in the file will not be assigned to third parties other than under legally permissible circumstances relating to matters of data protection.
All disputes, discrepancies, disagreements, issues and claims resulting from the interpretation, execution, breach, resolution or nullity of this notice, or directly or indirectly connected with it, shall be definitively resolved by arbitration through the Arbitral Tribunal of Barcelona, to which the parties entrust the administration of the arbitration proceedings and the nomination of a sole arbiter in accordance with its Regulations and Statutes. Arbitration proceedings shall observe the Regulations of the mentioned Tribunal, to which the parties agree to be subjected. Furthermore, from this moment on, the parties expressly promise to comply with the resolution of the arbitral decision handed down.
Of a subsidiary nature and in the event of it being necessary, the parties, expressly renouncing any other jurisdiction that may correspond to them, agree to be subjected to the Courts and Tribunals of Barcelona.
Notwithstanding the above, both parties shall do everything reasonably within their power to try and resolve disputes amicably.