Frequently Asked Questions
In compliance with the duty of information contained in Article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following information is provided below: (hereinafter the “Provider”) with D.N.I. 2661518G and with address for these purposes at Calle Zurita, number 43, local, 28012 Madrid, is the owner of the website (hereinafter, “the portal or website”), and the contact email address is: info@missmsmith.com
2. USERS: The use of this portal is absolutely voluntary and implies full acceptance by whoever accesses it, hereinafter “User”, of all the conditions of use in force at each moment that are found in this address. The Provider reserves the right to withdraw access to this website, without prior notice, to any User who contravenes the provisions of these conditions of use. The User will be responsible for carefully reading these conditions. The aforementioned conditions will apply regardless of the general contracting conditions that may be mandatory.
3. USE OF THE PORTAL: www.missmsmith.com provides access to a multitude of information, services, programs or data (hereinafter, “the contents”) on the Internet belonging to the Provider. The User assumes responsibility for the use of the portal. The User agrees to make appropriate use of the content and services, including but not limited to, not using them to (i) engage in illicit, illegal or activities contrary to good faith and public order; (ii) disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, in defense of terrorism or an attack against human rights; (iii) try to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages. The Provider reserves the right to withdraw all those comments and contributions that violate respect for the dignity of the person, that are discriminatory, racist, that attack youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication.
4. PRIVACY POLICY: The Provider complies with the guidelines of current regulations on the protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data. For more information, see Privacy Policy.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY: The contents of the website, including, among others, the images and texts of the articles, whatever their format, are the property of the Provider, and are protected by international laws and treaties on intellectual property. In this sense, it is expressly prohibited to copy, reproduce, sell, transmit, distribute, republish, modify or display for commercial use without the prior consent of the Provider. The User agrees to respect the Intellectual and Industrial Property rights owned by the Provider. You may view the elements of the portal and even print, copy and store them on the hard drive of your computer or on any other physical medium as long as it is, solely and exclusively, for your personal and private use.
6. EXCLUSION OF GUARANTEES AND LIABILITY: The Provider is not responsible, in any case, for damages of any nature that may be caused, including but not limited to: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the content, despite having adopted all the necessary technological measures to avoid it. The contents of this website are offered for informational and dissemination purposes. The Provider disclaims any responsibility, direct or indirect, that may arise from the use or application of the information on this website outside of its purposes.
7. COOKIES: The Provider’s website uses cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the correct operation and display of the site. For more information, see Cookies Policy.
8. MODIFICATIONS: The Provider reserves the right to make, without prior notice, the modifications it deems appropriate in its portal, without prior notice.
9. LINKS: In no case will the Provider assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in this website.
10. RIGHT OF EXCLUSION: The Provider reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those Users who fail to comply with this Legal Notice.
11. GENERALITIES: The Provider will pursue the breach of this Legal Notice as well as any improper use of its portal by exercising all civil and criminal actions that may correspond to it by law.
12. MODIFICATION OF THESE CONDITIONS AND DURATION: The Provider may modify the conditions determined here at any time, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by others duly published.
13. APPLICABLE LEGISLATION AND JURISDICTION: The relationship between the Provider and the User will be governed by current Spanish regulations and any controversy will be submitted to the Courts and Tribunals of the city of Madrid.
Date of last update: May 25, 2018.
(ii) COOKIES POLICY
Cookies policy
In accordance with the provisions of Law 34/2002 on Services of the Information Society, the User is informed that the website www.drapets.es, owned by MARTA HERRERO ARIAS (hereinafter “Provider”) uses cookies. Cookies are small text files that the website that the user visits stores on their computer or device.
(i) Own cookies: are those that are sent to the user’s terminal equipment from a computer or domain managed by the editor itself and from which the service requested by the user is provided.
Session cookies: Necessary for the correct use of the website, uninterrupted navigation, remembering language or country options. They are used to identify the same temporary session of a user or browsing session.
Technical Cookies: They store generic and anonymous information that does not include personal data whose objective is to guarantee the functioning of the web.
Registration: They are created with the registration of a user (log-in). They are used to identify the user once they have authenticated within the Websites.
Third-party cookies: the website may contain third-party cookies aimed at offering a better service that these third parties offer. An example of this use is the links to social networks that allow sharing the content of the website.
Analytical cookies: are those that, treated by the Provider or by third parties, allow quantifying the number of visitors and statistically analyzing the use made by users of the web portal. The information collected through this type of cookies is used in measuring the activity of the Website and for the preparation of anonymized browsing profiles of users, in order to introduce improvements based on the analysis of the usage data made by users of the service:
Google Analytics: https://www.google.com/policies/privacy/
Social network cookies:
Gravatar: The Gravatar is an image of the user that follows them from website to website, appearing next to their name when they perform actions such as commenting on a blog or when the user logs in as a registered user (log in) on the Website. Cookies are stored to manage the icons related to the profiles and users of that service: https://automattic.com/privacy/
External social network cookies: are used so that visitors can interact with the content of different social platforms (Facebook, YouTube, Twitter, LinkedIn, Instagram, etc.) and that are generated only for users of these social networks. The conditions of use of these cookies and the information collected are regulated by the privacy policy of the corresponding social platform.
https://www.facebook.com/help/cookies/
https://www.google.com/intl/es_es/policies/technologies/types/
https://www.instagram.com/legal/cookies/
https://about.pinterest.com/es/cookies-pinterest
In the event that the User wants to modify the cookie settings of their browser, they can do so by configuring the options of the same. The User may find information on how to modify the cookie policies of the different browsers in the following spaces:
If you use Microsoft Internet Explorer: https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies
If you use Firefox: http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we
If you use Safari: https://support.apple.com/kb/PH19214?viewlocale=es_ES&locale=es_ES
If you use Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647
There are third-party tools, available online, that allow users to detect cookies on each website they visit and manage their deactivation. Web browsers are the tools in charge of storing cookies and from this place the user can exercise their right to eliminate or deactivate them. Neither this website nor its legal representatives can guarantee the correct or incorrect manipulation of cookies by the aforementioned browsers. The user is informed that if they do not want websites to place any cookies on their computer, they can adapt the browser settings so that they are notified before any cookie is placed. Similarly, you can adapt the settings so that the browser rejects all cookies, or only third-party cookies. In the event that you find this type of cookies on this website and they are not listed in the previous list, please let us know.
The acceptance of this cookie policy implies that the user has been informed in a clear and complete way about the use of storage and data recovery devices (cookies) as well as that the Provider has the user’s consent for the use of the same as established by the regulations. In the event that you have any questions about the website’s cookie policy, the User can contact: info@missmsmith.
In the event of wanting to know in more detail what cookies consist of, this link can access the cookie guide edited by the Spanish Agency for Data Protection.: http://www.agpd.es/portalwebAGPD/canaldocumentacion/publicaciones/common/Guias/Guia_Cookies.pdf
Date of last update: May 25, 2018.
(iii) PRIVACY POLICY
Privacy policy
MARTA HERRERO ARIAS (hereinafter the “Provider”) with D.N.I. 2661518G and with address for these purposes at Calle Zurita, number 43, local, 28012 Madrid, is the owner of the website www.missmsmith.com (hereinafter, “the portal or website”), complies with the guidelines of current regulations on the protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data.
The User is solely responsible for the veracity and correctness of the data that they send to the Provider, exonerating the Provider from any responsibility in this regard.
The Provider informs that the data that the User is voluntarily providing will be incorporated into its information systems with the following purpose:
In the event of contracting the goods and/or services offered through the Website, to maintain the contractual relationship, as well as the management, administration, information, provision and improvement of the service offered;
In the case of requesting information through the forms on the website, to send information about the query made. Failure to provide the minimum necessary personal data will make it impossible for the Provider to respond to the request;
In the case of subscription, to send newsletters, as well as commercial communications of promotions and/or advertising of the Website.
In the case of comments on the blog, to manage and publish said comments, publicly, on the web portal.
The User may oppose the sending of commercial communications by any means and at any time, by sending an email to the email address indicated below.
By entering the data, the User grants unequivocal consent to the Provider, declaring to have been informed of the conditions on the protection of personal data, accepting and consenting to the automated processing thereof, so that it proceeds to the processing of the data provided in favor of the aforementioned purposes. Failure to provide the requested personal data or failure to accept this data protection policy implies the impossibility of subscribing, registering or receiving information on the products and services of the Provider.
The Provider informs that it will not transfer personal data to third parties, except by legal obligation. However, in the event of being transferred to a third party, prior information would be produced requesting express consent for such transfer. The entity responsible for the database, hosting, as well as those involved in any phase of the treatment and/or the entities to whom they have been communicated, are obliged to observe professional secrecy and to adopt the levels of protection and the technical and organizational measures necessary at their disposal to guarantee the security of personal data. As data processors, the Provider has contracted the following service providers, who have committed to complying with the regulatory provisions of application in terms of data protection, at the time of their contracting:
· Wix.com Ltd, with address at 500 Terry A. Francois Boulevard, 6th Floor, San Francisco, CA Plaza Santa María, 2, which provides web hosting services. The privacy policy and other legal aspects of said company can be consulted in the following link: https://es.wix.com/about/privacy
Participates and has certified its compliance with the framework of the agreement between the US and the European Union called Privacy Shield, having committed to submitting all personal information received from member countries of the European Union to the principles derived from the Privacy Shield. Wix’s adherence to the Privacy Shield: https://www.privacyshield.gov/
· Mailchimp (The Rocket Science Group LLC d/b/a MailChimp) with address at 675 Ponce de Leon Ave NE, Suite 5000 Atlanta, GA 30308 USA, provides services for marketing campaigns. Privacy policy and other legal aspects of said company in the following link: https://mailchimp.com/legal/privacy/
Participates and has certified its compliance with the framework of the agreement between the US and the European Union called Privacy Shield, having committed to submitting all personal information received from member countries of the European Union to the principles derived from the Privacy Shield. Mailchimp’s adherence to the Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active
· Google LLC, with address at 1600 Amphitheatre Parkway, 94043, Mountain View (California), United States, which provides GSuite services, consisting of cloud computing and email services. Privacy policy and other legal aspects of said company in the following link: https://www.google.com/intl/es/policies/privacy/
Google participates and has certified its compliance with the framework of the agreement between the US and the European Union called Privacy Shield, having committed to submitting all personal information received from member countries of the European Union to the principles derived from the Privacy Shield. Google’s adherence to the Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active
The Provider guarantees the User, in any case, the exercise of the rights of access, rectification, cancellation, information and opposition, limitation and portability, in the terms provided in current legislation. Therefore, you may exercise your rights by sending an express request to the postal address indicated in the heading and/or by sending an email to info@missmsmith, indicating in the subject: ARCO Rights, and attaching a photocopy of your ID. In turn, the User has the right to withdraw the consent given at any time. The withdrawal of consent will not affect the lawfulness of the processing carried out before the withdrawal of consent. You also have the right to file a complaint with the supervisory authority if you believe that your rights in relation to the protection of your data may have been violated before the Spanish Data Protection Agency (AEPD), at Calle Jorge Juan, 6, 28001-Madrid or through the electronic headquarters of the AEPD: https://sedeagpd.gob.es/sede-electronica-web/.
The data provided by the User will be kept as long as there is a mutual interest to maintain the purpose of the processing and/or during the period for which legal responsibilities may arise for the services provided. When it is no longer necessary for this purpose, it will be deleted with adequate security measures to guarantee the pseudonymization of the data or total destruction thereof. The Provider reserves the right to modify this policy to adapt it to new legislative or jurisprudential developments.
The User, for any aspect related to this privacy policy, may contact the Provider at the email address: info@missmsmith.com
Date of last update: May 25, 2018.
(iii) CONDITIONS OF SALE
CONDITIONS OF SALE
The ownership of this site www.missmsmith.com, (hereinafter Website) is held by MARTA HERRERO ARIAS (hereinafter “Missmsmith”), whose contact details are: D.N.I. number 2661518G and address for these purposes at Calle Zurita, number 43, local, 28012 Madrid.
This document (as well as any other document mentioned herein) regulates the conditions governing the use of this Website and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
In addition to reading these Conditions, before accessing, browsing and/or using this Website, the user must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the Privacy Policy. By using this website or by making and/or requesting the acquisition of a service, the user agrees to be bound by these Conditions and by the aforementioned.
THE USER: Access, browsing and use of the Website confers the status of user (hereinafter, User), so the user accepts from the moment they begin browsing the site all the Conditions established herein and their subsequent modifications, without prejudice to the application of the corresponding legal regulations that apply to the present case. The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
PURCHASE PROCESS: The User can purchase on the Website by the means and forms established. To do this, they must follow the established purchase procedure. The User must fill in and/or check the information requested at each step in order to execute their purchase. Subsequently, the User will receive an email confirming that their order or purchase request and/or provision of the service has been received, which will be considered as confirmation of the order placed. The User acknowledges at the time of purchase to be aware of and accept the particular conditions of the product and/or service in question, indicating by way of example but not limited to: name, weight, manner in which it will be carried out, …etc.
AVAILABILITY: All purchase orders received by Missmsmith through the Website are subject to the availability of the products and/or services. If difficulties arise in the supply thereof, Missmsmith undertakes to contact the User and refund any amount that may have been paid as payment for said product and/or service.
PRICES AND FORMS OF PAYMENT: The prices displayed on the Website are final, in euros and include the corresponding taxes. Prices may change at any time, but possible changes will not affect orders or purchases for which the user has already received an order confirmation. The accepted means of payment will be: (i) Bank transfer.
DELIVERY: In cases where the physical delivery of the contracted good is necessary, deliveries will be made within Spain (Peninsula, Balearic Islands, Ceuta and Melilla). For the purposes of these conditions, delivery shall be deemed to have taken place when the user or a third party indicated by the user acquires material possession of the products, which shall be evidenced by signing the receipt of the order at the agreed delivery address.
RETURNS: In the event that it is a good with physical support, the User has a period of 14 calendar days to withdraw from the purchase made on the Website. The term will be counted from the delivery thereof. In the event that it is a personalized product and/or service, the aforementioned right of withdrawal disappears, the User being aware of this circumstance and accepting it at the time of making the corresponding purchase. To exercise this right of withdrawal to which reference has been made and when it proceeds, the User must notify their decision with an express and clear statement to Missmsmith within the period established for this purpose and to the email: info@missmsmith.com The refund to the User will be by the same method of payment used by the User at the time of making the initial purchase transaction. No refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.
EXEMPTION FROM LIABILITY: Unless otherwise provided by law, Missmsmith will not accept any liability for: (i) losses not attributable to any breach on its part; (ii) business losses (including loss of profit); (iii) technical failures due to fortuitous causes or of another nature that prevent the normal functioning of the website through the internet. Lack of availability of the website for reasons of maintenance or others, which prevents the availability of the service; (iv) any breach or delay in the fulfillment of any of the obligations assumed, when it occurs as consequences that are outside its reasonable control, that is, that are justified in force majeure.
PRIVACY POLICY: Missmsmith complies with the guidelines of current regulations on the protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data. For more information, see Privacy Policy.
INTELLECTUAL AND INDUSTRIAL PROPERTY: The contents of the website www.missmsmith.com, including among others the images and texts of the articles, whatever their format, programming language and form of representation, are the property of Missmsmith, or has acquired the corresponding rights from its owners, and are protected by the laws and international treaties on intellectual property. Under the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, it is expressly prohibited to copy, reproduce, sell, transmit, distribute, republish, modify or display for commercial use without the prior consent of Missmsmith. The User undertakes to respect the Intellectual and Industrial Property rights owned by Missmsmith.
COMPLETE AGREEMENT: these conditions and all the documents to which they refer constitute the entire agreement between the user and the Seller in relation to the object of sale and replace any other pact, or prior agreement agreed either verbally or in writing between the same parties.
MODIFICATION OF THESE CONDITIONS AND DURATION: Missmsmith may modify at any time the Conditions determined here, being duly published as they appear here. The validity of the aforementioned conditions will depend on their exposure and will be in force until they are modified by others duly published.
APPLICABLE LEGISLATION AND JURISDICTION: The relationship between Missmsmith and the User will be governed by current Spanish regulations and any controversy will be submitted to the Courts and Tribunals of the city of Madrid.
Date of last update: May 25, 2018.
