General Conditions


Introduction and Purpose:

VIVA ZAPATA! SCP is a Catalan company with a CIF number: J64942477 established in c/ Cotoners n. 14 in Barcelona - 08003, which operates as a shoes distributor, owning a website (from now on, the WEBSITE), through which makes certain information available to its users as well as commercialises certain products. The WEBSITE is accessible from the Internet at this following address: https://www.nusabates.com. On the WEBSITE, VIVA ZAPATA! SCP provides to the users access to various services (from now on, the "Services") made available by VIVA ZAPATA! SCP or by other parties. These terms and conditions are intended to establish and control the general access to the WEBSITE, as well as to regulate the different services provided by VIVA ZAPATA! SCP and by other parties. Both the access and the general usage of the WEBSITE attribute the condition of a user of it (from now on, the "User"), necessarily implying the full and unreserved acceptance of each and every one of the terms included in the website terms and conditions. The user is expressly informed and agrees that the website terms and conditions might experiment variations in the future under VIVA ZAPATA! SCP at its own will, with no obligation to prior inform them. Consequently, it is the sole responsibility of the user to check the website terms and conditions every time he decides to use the WEBSITE. The usage of certain services offered to the users through the WEBSITE –in specific the TRANSACTIONAL PROCESSES or the ONLINE STORE from the WBSITE- is subject to its own specific conditions (from now on, the "Specific Conditions") that, according to each case, they may replace, complete and/or modify the present website general terms and conditions.

Access Level and User's Registration:

In overall, the access to the WEBSITE may be free. However, VIVA ZAPATA! SCP determines the access to certain areas of the WEBSITE and the usage of all its Services to the previous completion of the user’s registration form. For all purposes, the access to the WEBSITE through User identification using any of the social networks available will be considered a User registration which necessarily entails the acceptance without any reservation or objection to the present website general terms and conditions. Also, VIVA ZAPATA! SCP might make available to Users certain Services which may require the completion of additional forms and/or the satisfaction of certain monetary compensation. In that case, such registration will be done as specify in the specific service or in the Specific Conditions written for it. The condition of User of VIVA ZAPATA! SCP requires legal age. The User manifests and declares -in any case-, to be at least 18 years old. The User guarantees the truthfulness of the above statement, as well as of all the registration data provided to VIVA ZAPATA! SCP, being responsible to keep them updated. In any case, the User shall be solely responsible for any fake or inaccurate statements and any the damages that may cause to VIVA ZAPATA! SCP or third parties for the information provided. VIVA ZAPATA! SCP reserves the right to refuse the membership of any user on the WEBSITE. This refusal is not entitled to any monetary or moral compensation. Once the registration process is completed, VIVA ZAPATA! SCP will register the User on its User’s database. An account will be generated with his email address along with a "word password" associated to each new user.

User's Duties:

The duties of the User, without any exception and with the possibility to new obligations arising from the clauses of this document, are the following: The User duty is to ensure the truthfulness and accuracy of the data provided during the registration process and entered in VIVA ZAPATA! SCP information system, being also responsible to carry out its necessary updates. In any case, the User will be the only responsible for any fake or inaccurate data provided and will be responsible for the damage caused to VIVA ZAPATA! SCP or others based on the information provided. The user is also responsible to guard the "user" and "password" with diligence, preventing access by unauthorized third parties and thus ensuring data confidentiality. Immediately notify VIVA ZAPATA! SCP about any evidence of the existence of a security violation on the WEBSITE, inappropriate or prohibited uses of the services provided from the WEBSITE, or security flaws of any kind. Make a good use of the content, information and services from or through the WEBSITE, according to the law, in good faith and under the general acceptable manners, being expressly responsible for: • Avoid bad practices or using the services for illegal, fraudulent or in a harmful matter against the interest and rights of VIVA ZAPATA! SCP or others, violating the rules in this agreement or in the Special Conditions which regulate any of the services provided from or through the WEBSITE. • Refrain from any action that could disable, overburden, or damage any system, equipment or services of the WEBSITE, directly or indirectly accessible through the WEBSITE. • Respect the rights of intellectual property of VIVA ZAPATA! SCP and third parties on the content, information and services from or through WEBSITE, generally refraining from copying, distributing, reproducing or communicating in any way the same to third parties, except those who have a written permission of VIVA ZAPATA! SCP or from the owners of such right.

Intelectual Property:

All software and content of the WEBSITE, including: html code, text, animations, images etc. and specific trade mark, trade names and / or logos shown are VIVA ZAPATA! SCP property and are protected by national and international intellectual and industrial property laws. Any use of any of these elements outside the WEBSITE, including reproduction, modification, distribution, transmission, republication, arrangements or representation of any element thereof is strictly prohibited without the express written consent of VIVA ZAPATA! SCP.

Warranty Exlusion:

The access to the WEBSITE does not imply any warranty, which VIVA ZAPATA! SCP expressly refuses, regarding the quality, reliability, accuracy, legality, currency or validity, and the usefulness or fitness of the intended goal of any of those accessing it. Both access to the WEBSITE and the usage of the information and included content is carried out under the sole responsibility of the user. VIVA ZAPATA! SCP will not respond in any case and to any extent for any direct, indirect or consequential damages or lost profits arising from any use of the information and content of the WEBSITE or accessible content from it or through it. VIVA ZAPATA! SCP does NOT guarantee in any case the quality, reliability, accuracy, legality, currency or validity of the content of the WEBSITE. It does not guarantee the usefulness or fitness for any purpose either. VIVA ZAPATA! SCP disclaims, to the fullest extent permitted by the law, any liability of any kind for the quality, reliability, accuracy, legality, timeliness, validity, and usefulness or fitness for any of the possible reasons that the User may attribute to the content of the WEBSITE. The WEBSITE may contain links to pages that, even if they are within the WEBSITE, are under others responsibility. Also, the WEBSITE may contain links to external sites. In both cases, VIVA ZAPATA! SCP cannot control or monitor such content in any case. VIVA ZAPATA! SCP disclaims, to the fullest extent permitted by the law, any liability of any kind arising from the existence or possibility of access to such specific content. Also, VIVA ZAPATA! SCP is by no means responsible for products or services provided or offered by other persons or entities, or for any content, information, communications, opinions or statements of any kind created by third parties, directly or indirectly, which may be accessible through the WEBSITE of VIVA ZAPATA! SCP.

Security and Private Policy:

VIVA ZAPATA! SCP will reasonably use all the means available in order to provide all security systems that reasonably protect their systems and data in order to protect against deliberated attacks, malicious software, etc. However, the User understands and accepts the aspects involved in the provision of services through Internet given the open, decentralized and global range of this communication network. For this reason VIVA ZAPATA! SCP does NOT guarantee the invulnerability of its security systems or the privacy of the information stored in the same. VIVA ZAPATA! SCP disclaims, to the fullest extent permitted by the law, any liability of any kind for security flaws in the WEBSITE and any of the consequences that may arise from them. Use of cookies: VIVA ZAPATA! SCP WEBSITE uses 'session cookies' for the sole purpose of enabling and facilitating user interaction with it. They use of statistics services employed by VIVA ZAPATA! SCP WEBSITE may use cookies for the sole purpose of establishing metrics and generate user trends on the site. In no case, VIVA ZAPATA! SCP uses cookies for any other purposes than those specified in here.

Interruption and/or System Suspension:

In general, the different services will be available online continuously. However, the User is apperceived that VIVA ZAPATA! SCP does NOT guarantee this continuity due to the nature of the medium through which they are provided. The User understands and agrees the issues involved in the provision of services through Internet given the open, decentralized and global range of this communication network. Thus, for example, as an announced and non-exhaustive fact, we present some of the situations that may temporarily interrupt the provision of such services:

- Maintenance on the server and / or data

- Faults on the server and / or data

- Deliberate attacks against the security and integrity of the system

- Viruses, malicious code or software on any of the pages that are accessible from the WEBSITE.

VIVA ZAPATA! SCP disclaims, to the fullest extent permitted by the law, any liability of any kind arising from the temporary disruption in the availability of the WEBSITE on the Internet. The User is failed to appreciate that VIVA ZAPATA! SCP may at any time, under his sole discretion and without any obligation of notice, to definitely interrupt its WEBSITE presence on the Internet and therefore, suspend the services provided from or through it, without any damage to what it is stated in any of the Specific Conditions. VIVA ZAPATA! SCP is not responsible for any liability of any kind arising from the consequences that may result from the final suspension of the service. Warning statement about product in stock shown in the online store of the WEBSITE: the WEBSITE has an online store section that can display the information of the availability and stock of its products. This information is communicated by each product supplier and VIVA ZAPATA! SCP makes efforts to keep this stock information updated on the WEBSITE, depending on the information provided at any time by the supplier, thus not being able to always ensure alignment with the real stock.

Voluntary Withdrawal, Exclusion and Responsabilities:

Any Member may ask to voluntary withdraw from the WEBSITE, at any time, as a user of the WEBSITE. VIVA ZAPATA! SCP have a period of 30 days to review the status of the user with respect to all services subscribed at that time, being able to issue receipts for all those consumptions that shall be found outstanding. In the absence of any unpaid settlement amount and/or current payment, the withdrawal will take place with immediate effect. Otherwise, the withdrawal will take into effect after the payment of the unpaid amount by VIVA ZAPATA! SCP. The User is liable for the proper use of the WEBSITE and the services contracted from or through it. Any bad usage of the services by the User, will result in the immediate exclusion of the WEBSITE with the lost of its status as a registered User thereof, without any compensation and without prejudice to the relevant legal actions that by VIVA ZAPATA! SCP may arise. The falsity of the personal and/or professional data provided by the user during the registration process in the WEBSITE or any of the services provided from or through it, may involve the immediate exclusion of the WEBSITE with the lost of the “user”, without compensation and without prejudice to the relevant legal actions that by VIVA ZAPATA! SCP or third parties may arise. Any action by the user that could jeopardize or damage the systems, equipment or services directly or indirectly accessible through the WEBSITE, entails immediate exclusion as a “user” thereof, without compensation and without prejudice to the relevant legal actions that by VIVA ZAPATA! SCP may arise. Any action by the User that violates these terms and conditions, any of the specific conditions that could regulate any specific service, the laws or moral standards generally accepted by the public, entails immediate exclusion from the WEBSITE with its lost of the “user” without compensation and without prejudice to the relevant legal actions that by VIVA ZAPATA! SCP may arise. The User shall be solely liable for any claim, legal action, trial action initiated by third parties against the User or against VIVA ZAPATA! SCP, based on the bad usage of the services that may be against the law, the morality and good faith and the established customs accepted by the general public.

Notifications:

For the purposes of using appropriate notifications, VIVA ZAPATA! SCP sets the home address as the contact information specified at the top of these terms and conditions. The email provided by the User during the registration process on the WEBSITE, will be used by VIVA ZAPATA! SCP in order to send notifications to the User. The User is responsible to keep the data updated for appropriate notifications set in this clause. Any notification conducted by VIVA ZAPATA! SCP to the User will be considered valid if they are made using the data on its systems and through the means mentioned above. VIVA ZAPATA! SCP is not responsible for any damage that may cause from the breach of the User of his obligation to keep the contact data updated.

Promotions:

VIVA ZAPATA! SCP may change without notice the discounts and promotions set by the existing promotion policy on its WEBSITE, and it reserves the right to withdraw or cancel the discounts or promotions if there is any suspicious to have been made outside of the law or in a fraudulent manner. Similarly, VIVA ZAPATA! SCP reserves the right to cancel discounts and restore the original data of the users in any specific promotion if there are changes in the conditions and promotional rules which have generated such discounts.

Validity and Full Agreement:

The declaration of nullity or invalidity of any provision in these website general terms and conditions shall not affect the validity and enforceability of the remaining clauses. The actual terms and conditions of the services provided by VIVA ZAPATA! SCP through the WEBSITE are of entire agreement between the parties, being of higher rank and of higher importance than any prior written or oral agreement, statement, affirmation, representation, negotiation or purpose in relation to its subject.

Applicable Law and Jurisdiction:

This website general terms and conditions, including each and every one of its clauses, shall be governed by and defined by the Spanish law. Both VIVA ZAPATA! SCP and the User agree to attempt to resolve in a friendly manner any disagreement that may arise in the development of any commercial relationship of both parties. To solve any disputes arising from the development of the commercial relationship between both parties, both agree to submit jurisdiction to the Spanish Courts, unless it is mandatory to set jurisdiction outside of it.

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