1.- Identity details of the owner
BRATLEBORO is the commercial name of the company Bratleboro, S.L. These Terms and Conditions regulate access to and use of the Website https://www.bratleboro.com/ (henceforth, the “Website”) owned by BRATLEBORO, S.L. (hereinafter, “BRATLEBORO”), CIF [TAX ID] B54880109, registered with the Commercial Registry of Alicante, in Volume 3884, Book 0, Folio 182, Section 8, Page A-146536, Registration Entry 1 and registered address at Elche Parque Empresarial, calle Marie Curie, 34, 03203, Elche (Alicante) .
Through this Website, BRATLEBORO offers Users wristwatches and accessories of the BRATLEBORO brand.
This document provides the general terms and conditions (henceforth, the “Contract Terms and Conditions”) governing the general terms and conditions of the provision of the services offered by BRATLEBORO (hereinafter, the “Service”), through its mobile application, website or telephone service (hereinafter, all of these methods shall jointly be called the “Platform”). The Service shall be procured by users (hereinafter, the “User”) directly or through the Platform.
The fact that all steps of the above are followed electronically involves the express acceptance of these Contract Terms and Conditions by the User, and the validity is the same as the express signing of a contract. Therefore, the User recognises that s/he is a person with sufficient ability to acquire the liabilities arising out of his/her actions completed on the Platform, that s/he has previously read and agreed to its contents.
In any event, to enter into a contract with BRATLEBORO, the User shall be of legal age (≥ eighteen (18) years).
3.- User details
Access to and consultation of the catalogue of Products published on the Website https://www.bratleboro.com/ is unrestricted and free, and registration of users is not needed.
To acquire the products offered through the Website, Users need to register using the registration form made available on the Website.
Users shall be responsible for maintaining confidentiality of the data and information provided and for restricting access to their computer and to their passwords to prevent potential unauthorised uses.
Should Users have reasons to believe that their data have been made available to a third party, or that an unauthorised use of above had taken place or could take place, this fact should be reported to BRATLEBORO immediately.
The User must verify that their data are accurate and inform BRATLEBORO of any changes to and/or amendments of the information provided in the purchasing process.
4.- Prior information
These Contract Terms and Conditions are freely and unrestrictedly made available to all Users of the Platform.
All services marketed are properly described on the Platform and made available to Users, and the above shall not be construed as including any details that had not expressly been provided in the information made available on such Platform.
Notwithstanding the fact that mere browsing involves the agreement to these Contract Terms and Conditions, and the remaining legal texts available on the Platform, the contract between BRATLEBORO and the User shall be understood as having been formalised from the same time at which the User completes the contract procedure, in the understanding that by following all stages of the procedure of electronic procurement and entering all data requested the data requested, the above involves, together with the successful completion of the payment, a direct statement of the will of the User to agree to these Contract Terms and Conditions.
BRATLEBORO shall introduce new suitable and sufficient technical media to identify and correct technical errors in the management of information insofar as it was liable for the above.
5.- Orders and conditions of sale
Services and products offered through BRATLEBORO’s Website are devoted to the purchase by Users of sunglasses and other products of the BRATLEBORO brand.
To make an order from BRATLEBORO, the User must be aged over 18.
The Website https://www.bratleboro.com/ is used by BRATLEBORO to ship orders to any location in the world. Save as otherwise specifically agreed, the Products acquired shall be, by default, shipped to the brick-and-mortar address provided by the User to BRATLEBORO in the registration form, unless there was a force majeure event. However, the User can change their contact details during the purchase procedure to provide a new address (in the case where they already had an address associated to their account). As a general rule, and whenever the User had made the payment in full and such payment had been collected by BRATLEBORO, the Products acquired shall be shipped, unless there was a justified delay and, in any event, within a term of up to thirty (30) days from the date on which the order is formally placed.
To make orders using the Website, the User must provide a series of details prior to contracting, using the purchasing form. These details are required for the management of their purchase order.
6.- Price, method of payment and discount codes
After filling in the details of the form, the User must pay the order using the payment methods provided on the Website.
After the payment is made, the User shall receive an order confirmation email, which shall include: (i) a summary of the items bought; (ii) the shipment method requested, and (iii) the destination address.
Should an event prevent payment at the time at which the payment was made, the User shall receive an automatic payment error message and their order shall not be processed until the payment process is successfully verified.
The prices of services are provided in Euros (€), including taxes and management and shipping expenses, the amount of which shall be provided when the final confirmation of each order takes place.
BRATLEBORO may periodically offer discount codes to Users. These discounts may solely be used in agreement with the instructions provided by BRATLEBORO for each code and, in any event, Users may solely use a single code per order.
Should a product be advertised with an inaccurate price or inexact information due to a typing error, an error in the price or the information of the product, we are entitled to reject or cancel any orders placed with such inaccurate price. We are entitled to reject or cancel these orders, irrespective of the fact that the order had been confirmed and that the charge had been made to your credit card. Should the amount already have been charged to your credit card and the order then be cancelled, we shall immediately issue a credit to the account of your credit card for the sum of such charge.
7.- Information on BRATLEBORO'S products and services
The details included in the Website in each description of products and services, in their photographs, graphical or iconographic representations or videos, as well as trade names, brands, or distinctive signs of any description, are merely provided by way of information. Therefore, BRATLEBORO declines any responsibility due errors contained in this information, although it undertakes to take all measures available to it to correct these errors or omissions at the earliest opportunity, after it was informed on the above.
8.- Returns and right of withdrawal
8.1.- Returns for manufacturing defects
The User may return any product with a manufacturing defect to BRATLEBORO, at no cost. Considering the nature of the products bought, the User shall enjoy a term of two (2) months from the time at which s/he became aware of his/her lack of conformity with the product to inform BRATLEBORO on his/her lack of conformity with the product. Where the term was exceeded, the User shall be responsible for any damages.
The return of products with manufacturing defects shall not motivate any additional costs for the User.
To formalise the return, the User must contact BRATLEBORO within a term of two (2) months, through our online form, stating the product(s) to be returned, attaching a photograph and a detailed list of the defects found in such products.
After BRATLEBORO receives the notice from the User, it shall inform this party in a term of 3 to 5 working days on whether the return of the product can go ahead or not. If the return is applicable, BRATLEBORO shall inform the User on the method to be used for collection or shipping the defective product to its offices/stores.
After approving the manufacturing defect, BRATLEBORO undertakes to send a courier with the replacement product and, in turn, the same courier shall collect the defective product.
Each product to return must be unused and have all labels, packing and -where applicable-, documents and original accessory elements provided with the product. Should the User not proceed as stated above, BRATLEBORO reserves the right to refuse the return.
If there is no stock, the shipment of another product with similar features could not be made, and the User may choose to terminate the contract (i.e. the return of amounts paid) or ask for the shipment of another item freely chosen by the User.
The delivery of a product with the same characteristics or the new model chosen by the User, as applicable, shall be carried out in the 3 to 5 working days following the date on which BRATLEBORO confirmed the replacement of the defective product or the sending of a new model to the User.
The replacement, the sending of a new model or the termination of the contract shall not motivate additional expenses for the User.
Should the User terminate the contract, BRATLEBORO shall return the entire amount paid to the User for the purchase of the defective product (including shipping expenses).
BRATLEBORO informs Users that the term for the return of the amounts paid shall depend on the method of payment selected by the User when purchasing the product:
- Should the User have made the payment via a credit/debit card, BRATLEBORO will return the amount paid to them in a term of 14 calendar days from the time at which the User agreed to terminate the contract.
- Should the User have made the payment via PayPal, BRATLEBORO shall return the amount paid to them in a term of 24-48 working hours from the time at which the User agreed to terminate the contract.
Should Users disagree with the products received in their order, in agreement with the General Law on the defence of Consumers and Users, they shall enjoy a term of fourteen (14) calendar days, they may return any of the products comprising the entire order and all the above with no penalties and no need to state the reasons.
Exercising the right of withdrawal shall not involve any costs for the User, specifically as concerns shipping costs, unless a shipment method other than the ordinary one involving a greater cost for BRATLEBORO had been chosen.
To formalise the return, they must contact BRATLEBORO through our online form, by sending the filled in withdrawal form that is attached to these Terms and Conditions as ANNEX 1. Following the receipt of such communication, BRATLEBORO shall inform them of the procedure whereby the return is to be made.
The product shall be unused and have all labels, packaging and -where applicable-, documents and original accessory elements that were provided with the same. Should the User not proceed as stated above or where the product had suffered any damage, the User agrees that the product may suffer a depreciation or that BRATLEBORO may refuse the return.
Once BRATLEBORO has received the order and verified that it is in good condition, BRATLEBORO shall proceed to return the entirety of the amounts paid by the User.
Where the User decided to return the entire order, BRATLEBORO shall return the User all amounts that this party had paid (including shipping expenses).
Should the User solely wish to return one or more of the products that were part of the order, BRATLEBORO will not be able to return the shipping expenses paid by the User for the entire order.
BRATLEBORO informs Users that the term of the return of the amounts paid shall depend on the method of payment employed by the User when purchasing the product:
- Should the User have made the payment using a credit/debit card, BRATLEBORO will return the amount paid to them in a term of 14 calendar days from the time at which the User agreed to terminate the contract.
- Should the User have made the payment via PAYPAL, BRATLEBORO shall return the amount paid to them in a term of 24-48 working hours from the time at which the User agreed to terminate the contract.
In any event, BRATLEBORO shall return the amounts paid at the shortest possible notice and, in any event, within the 14 calendar days following the date on which the User had notified his/her decision to withdraw from the contract.
9.- Product change policy
BRATLEBORO does not accept the change of a product bought by the User for another product that is offered on the Website.
Should a User wish to change a product, they must exercise their right of withdrawal in respect of the above, in agreement with the provisions laid down under Clause 6.2, and then buy the new product they wanted.
10.- Duties of BRATLEBORO
BRATLEBORO will be bound to:
- Creating a catalogue of Products and placing it on the Website.
- Making the Web Platform available for the sale of Products to Users.
- Providing a Customer Care Service in agreement with the terms set forth under these Conditions.
- Maintaining and guaranteeing the secrecy of communications, with the technical limits applicable to BRATLEBORO, unless otherwise ordered by a competent court or administrative authority, in agreement with the provisions laid down under current regulations in force. In this case, it reserves the right to provide the information required by such authorities without previously notifying the User.
11.- Duties of the user
The User will be bound to the following:
- Immediately informing BRATLEBORO on any changes that occurred in respect of the details previously provided by them.
- The User shall be the sole party responsible for the use of the Web Platform in agreement with current regulations in force, and these General Terms and Conditions. The User warrants that s/he has the legal ability to fulfil the terms provided under these General Terms and Conditions.
- Accepting that BRATLEBORO shall not be liable for loss or damage, including loss of earnings, suffered by the User for failures or downtime of the telecommunications structures outside the control of BRATLEBORO.
- Authorising BRATLEBORO to collect and process his/her personal data, in agreement with the provisions laid down under the “Personal Data” Clause.
- The User represents that s/he is free from any contractual obligations in respect of third parties that could prevent or limit the contracting of the Products and/or Services and that s/he is up-to-date with payments and tax statements.
12.- Customer care
BRATLEBORO, as the party responsible for the Web Platform and the manager of the marketing and sale of the Products offered through such platform, has a Customer Care service available at the following times: 9 am to 6 pm from Monday to Friday, assisting any queries, complaints, and suggestions in connection with the Products purchased through the Web Platform. More specifically, the contact methods made available to you are the following:
Contact form: www.bratleboro.com/pages/contact
* Responses to your questions shall be answered by BRATLEBORO from 9 am to 6 pm on work days.
BRATLEBORO undertakes to reply to the requests received at the earliest opportunity and, in any event, within the terms provided by law.
13.- Use of the website
The use of the Website for fraudulent purposes or ends related to criminal offences or illicit actions of any nature is not allowed.
Further prohibited is the sending, use and reuse of illegal, offensive, abusive, indecent, defamatory, obscene, or threatening material of any nature, involving a violation of intellectual property rights, registered trademarks, confidentiality, privacy or any other rights, or that is in any way offensive or reprehensible for third parties, or with contents having computer viruses, political propaganda, chain letters, bulk emailing or any other type of spam and, in general, any type of unnecessary nuisance or inconvenience.
The User undertakes to use any contents s/he accesses either via the Website or third-party Websites to which s/he gained access through links on the Website in a licit, diligent, honest, and correct way, all the above abiding by the principles of good faith and abiding at all times by current laws in force, and by these Terms and Conditions.
Likewise, the User commits not to cause, maliciously or intentionally, damages that could erode or alter the Website and, further, not to infect it with or disseminate computer viruses on it, which could cause unauthorised alterations to the contents or systems comprising the Website.
BRATLEBORO reserves the right to refuse access to the Website or even cancel orders for Users misusing the contents, and/or failing to fulfil any of the terms and conditions set out in this document.
14.- Intellectual or industrial property rights
The intellectual property rights of the site https://www.bratleboro.com/, its source code, design, browsing structures and the various elements contained in the above are property of BRATLEBORO, which is the exclusive owner of the exploitation rights of the same in any form. Especially, the rights of reproduction, distribution, public communication, and transformation, in agreement with applicable Spanish and European laws.
BRATLEBORO informs that it grants no express or implicit licences whatsoever over the intellectual and/or industrial property rights or over any other right or property relating directly or indirectly to the contents included in the Website. The full or partial reproduction of the contents of the Website is prohibited, including reproduction providing a hyperlink, without gaining the express consent of BRATLEBORO in writing. The unauthorised use of these contents shall give rise to the liabilities laid down in the law.
It shall not be construed, under any circumstances, that access, browsing and use of the Web Platform by users or the use, acquisition and/or procurement of products or services offered via the same involves the waiver, transfer, licence or total or partial assignment of such rights by BRATLEBORO. The User has a right to use the contents and/or services of the web platform within a strictly domestic environment and solely for the purpose of enjoying the services provided in agreement with these Terms and Conditions.
Where the User became aware of the existence of any contents that were illicit, illegal, against the law or that could involve a breach of intellectual and/or industrial property rights, this shall be notified immediately to BRATLEBORO through our online form so that it can proceed to adopt the appropriate measures.
Likewise, in the case where any User or third party regarded that any of the contents of the web platform that are property of BRATLEBORO violated his/her/its intellectual and/or industrial property rights, or any other rights, a notice must be sent to through our online form including the following information:
- Identity details and contact method of the claiming party or their legal representative.
- Documents proving the status of holder of the rights allegedly breached.
- A detailed description of the rights allegedly breached by BRATLEBORO, and the exact location of the above within the web platform.
- An express statement by the claimant that the use of the contents has been carried out without the consent of the owner of the rights allegedly breached.
Hyperlinks on Website may be directed to third-party Websites. BRATLEBORO undertakes no liability for the contents, information or services that may appear on such sites, that shall be understood as being offered exclusively for information purposes by BRATLEBORO, and that shall not, under any circumstances, involve a relationship, acceptance, or endorsement of any kind between BRATLEBORO and the parties or entities owning such contents, or the owners of the sites where they are located.
Should the users be effectively aware that the activities carried out through these third-party websites are illegal or against morals and/or public order, this must be reported to BRATLEBORO immediately, so that the link to the same can be disabled unilaterally, an action that shall be carried out as soon as practicable. In any event, the provision of any hyperlinks from the website to another party’s website is solely for information purposes and does not, under any circumstances, involve a suggestion, invitation or recommendation in respect of the above. Furthermore, it shall not imply that there is any relationship, collaboration, or dependency between BRATLEBORO and the party responsible for such third-party website.
16.- Personal data
Should any Clauses of these Terms and Conditions be declared null and void, the remaining Clauses shall remain in force, and shall be interpreted bearing in mind the substance of these Terms and Conditions.
Any communications between BRATLEBORO and the User concerning the orders made via the Website shall be made in writing and in agreement with the communication procedures provided in these Terms and Conditions for each specific case.
21.- Ethical policy on suppliers
As a prestigious and reliable company, committed to the goal of providing high-quality products to its customers, BRATLEBORO recognises the duty to ensure that suppliers act ethically. We hope that our suppliers regularly provide an environment protecting the health and the safety of their employees, as well as their basic human rights. All suppliers must comply with their national laws and regulations on employment, in particular, in respect of the following:
- Minimum working age
- Freely-chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- Absence of discrimination
- Absence of cruel or inhumane treatment
- Work schedules
- Labour conditions
BRATLEBORO shall never consciously acquire supplies from companies failing to fulfil the aforementioned principles. We also expect that our suppliers apply these principles in dealing with their own suppliers. Given that the supply chain of our suppliers is sometimes complex, it is not always possible to monitor and control the conditions of every individual involved in the production of our products. However, as BRATLEBORO continues to grow, it acknowledges the importance of action, taking the initiative, and doing everything possible to defend the rights of the people taking part in the manufacturing of its products.
22.- Applicable law and jurisdiction
These Terms and Conditions are subject to Spanish laws. The parties, in agreement with Royal Legislative Decree 1/2007, of 16 November, approving the redrafted text of the General Law for the Defence of Consumers and Users and other supplementary laws submit to the Courts and Tribunals of the location of the residence of the User.
Furthermore, by virtue of the provisions provided under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, BRATLEBORO informs you that, in the event of a controversy, Users resident in the European Union can use the “Online Dispute Resolution Platform” developed by the European Commission for the purpose of out-of-court resolution of any controversies arising out of the services provided by BRATLEBORO.
To access the “Online Dispute Resolution Platform” you may do so by using the following link: http://ec.europa.eu/consumers/odr/
In any event, BRATLEBORO informs Users that there is a Complaints Form whereby you can make a claim or complaint in connection with the services provided by BRATLEBORO.
MODEL OF WITHDRAWAL FORM
( You only need to fill in this form and send it if you wish to withdraw from the contact )
ATT. OF: BRATLEBORO, S.L
C/ MARIE CURIE Nº 34, Elche Parque Empresarial, 03203 Elche, Alicante
Contact: through our online form
I hereby inform you that I withdraw from the contract for the acquisition of the following item:
- Wristwatch / Accessory of the Bratleboro Brand;
- Total Black
- Navy Classic
- Rose Gold Peach
- Rose gold Lilac
- Jet Black
- Rose Gold Mirrored
- Gold Mirrored
Ordered on [day] ____________________ [month] ____________________ 20____ , and received on [day] ____________________ [month] ____________________ 20____ ; by___________________________ [Name of consumer and user], with address at ________________________________ [Address of the consumer and user].
In _______________________, on[day] ______ [month] ___________________ 20____ .
[ Signature and Name of the consumer and user]
CONDITIONS OF USE OF SOCIAL PROFILES OF BRATLEBORO
1.- Identity details
- Owner: Bratleboro, S.L.
- Registered address: C/ MARIE CURIE Nº 34, Elche Parque Empresarial, 03203 Elche, Alicante.
- TAX ID: B54880109
- Public registry details: Alicante Commercial Registry, Volume 3884, Book 0, Folio 182, Section 8, Page A-146536, Registration Entry 1
- Contact: through our online form
The goal of these conditions of use BRATLEBORO, S.L., (henceforth, “BRATLEBORO”) or the “provider”) is that all end users are aware of their rights and responsibilities when they visit their social profiles on Facebook, Twitter, and/or any similar social networks.
Simply and merely using the social profiles of BRATLEBORO, makes any natural persons or legal entities become users, and this leads to the compulsory complete, full, and unreserved acceptance of each and every one of these Conditions of Use, as well as the various amendments and/or additional legal texts that may added in future. Should you disagree with any of these conditions, you can stop following or interacting with the social profile of BRATLEBORO at any time, by using the specific procedure provided by each social network.
Likewise, BRATLEBORO informs users on their rights and responsibilities in connection with the contents provided via their social profiles, logotypes and trademarks used, and the responsibilities that may arise out of the use of the service.
Users undertake to make suitable and licit use of the social profile of BRATLEBORO and its contents, in agreement with applicable laws, these Conditions of Use, morals and good practices. Users must refrain, among other actions, from the following:
- Non-authorised or fraudulent use of the social profile of BRATLEBORO and/or the contents;
- Accessing or attempting to access restricted resources or areas of the profile of BRATLEBORO, without fulfilling the conditions required for such access;
- Employing the social profile of BRATLEBORO and/or its contents for aims or effects which are illegal, illicit, contrary to the provisions set forth under these Conditions of Use, good faith or public order, which injured third-party rights and interests, or which may, in any way, damage, disable or overload the social profile of BRATLEBORO or prevent the normal use and enjoyment of the profile of BRATLEBORO;
- Causing damage to the systems of BRATLEBORO, of its suppliers or third parties;
- Infecting or disseminating computer viruses on the network or any other physical or logical systems that could cause damage to the physical or logical systems of BRATLEBORO, its suppliers or third parties;
- Attempting to access, use and/or handle data of BRATLEBORO, third-party suppliers and other users;
- Reproducing or copying, distributing, allowing public access using any other method of public communication, transforming or modifying the contents of the social profile of BRATLEBORO, unless there was express and prior authorisation of the holder of the relevant rights and this was legally permitted;
- Suppressing, hiding or manipulating the references concerning intellectual or industrial property rights and the remaining identity details of the rights of BRATLEBORO or of third parties included in the contents, as well as the technical devices of protection or any information mechanisms that could be inserted into the contents on the social profile of BRATLEBORO;
- Obtaining and attempting to obtain the contents on the social profile of BRATLEBORO using means or procedures other than those that, as the case may be, had been placed at their disposal for these purposes or had been expressly provided on the websites where the contents are located or, in general, on the ones usually employed on the Internet to prevent a risk or damage or disabling of the social profile of BRATLEBORO and/or the contents.
- Amending the Source Code of any of the websites of BRATLEBORO.
BRATLEBORO is deeply committed to ensuring that the services work correctly and according to the conditions agreed with users. However, at times it is possible that there may be (in particular, due to the intervention of malicious third parties) situations giving rise to responsibilities.
Below we provide a list of situations included, by way of example, but without limitation, in which BRATLEBORO shall not be responsible for actions by users, with such users undertaking all responsibilities that may emerge:
- Where any information that had not been published or shared by BRATLEBORO appeared on the social network, or where such information had been published by another third party.
- Where the social network was not operational for technical reasons attributable to the owner of the platform itself, to third parties or for unexpected reasons or force majeure, with the above being circumstances that are the responsibility of the social network or, as applicable, the third party.
- In the case where the social network amended its conditions of use, privacy policies or method of operation, with these events being the responsibility of the social network.
- In the case where the user stored, disseminated, published or distributed any type of materials which were defamatory, abusive, discriminatory, inciting violence or contrary to morals, public order, fundamental rights, public freedoms, honour, intimacy or the image of third parties on the social network.
- Where the user employed the social network to enter data, viruses or malicious code on the computers of BRATLEBORO or of any other user.
Where any of the contents accessible via the social profiles of BRATLEBORO were contrary to current regulations, this party undertakes to remove them immediately, as soon as it became aware of the situation.
BRATLEBORO undertakes to inform the users when their comments and publications could be edited and/or moderated; however, BRATLEBORO may warn and take the appropriate measures to suspend and expel users sending inappropriate contents periodically and systematically. The users observing the aforementioned conduct on more than one occasion, who had already been suspended or expelled from the service may be prevented from the use of the social profile indefinitely, and the above shall involve definitely expelling them from the programme and permanently blocking the user.
Likewise, BRATLEBORO does not guarantee the truthfulness, reliability, enforceability, or integrity of the third-party contents on its social profile or any linked sites. BRATLEBORO is not responsible for the contents of websites not operated by BRATLEBORO.
The social profile of BRATLEBORO may include opinions, recommendations or statements made by third parties which do not necessarily reflect the opinions of BRATLEBORO or indicate its commitment to a certain line of action.
Information provided through the profile of BRATLEBORO on social networks shall not, under any circumstances, be regarded as equivalent to the professional and personal assistance provided by BRATLEBORO. Users must gather appropriate professional advice in connection with their circumstances and specific consultations, to therefore attain the maximum efficiency of the measures adopted. The information provided through social media shall not, under any circumstances, be regarded as an alternative to information provided personally by BRATLEBORO.
BRATLEBORO recommends that users act with caution, common sense, and soundness in using their social profile and minutely assess that information published on the same for their purposes is true, current, full and relevant. Any decisions adopted by users based on such information shall be strictly at their own risk and expense.
The user, after starting to follow the social profile of BRATLEBORO, may start to publish comments, links, images or photographs or any type of content, according to the conditions of the social network itself. The user, in all cases, shall be the holder of the above, enjoy the exploitation rights of intellectual property and gain the consent of the affected third parties.
Users deciding to share contents on the social profile of BRATLEBORO, must be aware that his/her publications shall be accessible and therefore known to other users, and therefore such user shall be solely liable for the above, as well as the implications this shall involve for his/her own privacy.
It is expressly prohibited to make any publications on the social profile of BRATLEBORO against or likely to be against morals, ethics, good taste or decency, and/or which infringed, violated or breached intellectual or industrial property rights, image rights, privacy or current regulations.
By way of example, the user’s commitments include but are not limited to the following:
- Refraining from entering or disseminating contents or propaganda on the profile of BRATLEBORO that is defamatory, abusive, misleading, xenophobic, pornographic, glorifying terrorism or against human rights, fundamental rights and public freedoms recognised by the Constitution and under International Treaties.
- Refraining from using the profile of BRATLEBORO for illegal or unauthorised aims, to incite violence, aggressive behaviour, dangerous practices, antisocial or illegal behaviour or conduct that could, in any way, lead to defamation, insults, harassment, threats, or violation of third-party rights in respect of their intimacy, honour, own image, secrecy of communications, intellectual and industrial property and protection of personal data.
- Refraining from infecting or disseminating viruses or noxious software likely to cause damage to the computer systems of the access provider.
- Undue or inadequate use of the services or contents that may be provided through the social profile, including chat, forums, etc.
- Refraining from disseminating, transmitting or placing at the disposal of third parties any type of information, elements or contents that could be regarded illicit or unfair advertising using BRATLEBORO’s profile.
- Refraining from disseminating, transmitting or placing at the disposal of third parties any information, elements or contents which involved a violation of intellectual or industrial property rights, patents, trademarks, copyright, corresponding to BRATLEBORO or to third parties, via the social profile of BRATLEBORO.
In these cases, BRATLEBORO reserves the right to withdraw the contents, and may requesting the permanent blocking of the user publishing the above.
In this connection, the contents, opinions or responses to questions published, expressed or sent by the creators, sponsors, advertisers or users of the profile of BRATLEBORO, other than the contents provided by BRATLEBORO, are opinions and the exclusive liability lies with the person sending them, and they do not necessarily reflect the opinions of BRATLEBORO, that is not responsible for the contents published, posted, distributed, disseminated or transmitted by third parties through the official profile of BRATLEBORO.
Certain information included on the social profiles of BRATLEBORO can contain prospective statements, included but not limited to, statements that are predictions or indicative of future events, trends, plans or objectives. We do not recommend that users solely and exclusively rely on these statements given that their nature means that they are subject to uncertainty and known and unknown risks. Given the above, BRATLEBORO undertakes no duty to make a public statement on these actions or to review these public statements, whether to reflect new information or future events or circumstances or for other purposes.
For responses to questions, claims and complaints, please check the corporate website of BRATLEBORO at https://www.bratleboro.com/, where the pertinent information channels are available.
5.- Promotions and competitions
The rules of promotions and competitions, where social networks are employed for the above, shall be duly published on social profiles or, as applicable, the websites made available for the above. Any promotions and competitions carried out on the social networks shall fulfil laws in force, as well as the own regulations of each social network. The various social networks, where BRATLEBORO has its social profiles, do not sponsor, endorse or manage, in any way, any of its promotions or competitions, and neither are they associated to any of the above.
BRATLEBORO shall use its profiles on social networks to advertise its own products and/or services. In any event, if BRATLEBORO decided to process your contact details (user profiles of the social network and/or email address) to carry out direct sales prospection actions this would always be compliant with the legal requirements of the LOPD [Data Protection Law] and the LSSI-CE [Information Society Services-Electronic Commerce Law].
Recommending social profiles of BRATLEBORO to other users so that they can get updates on its activities shall not be considered advertising.
7.- Intellectual and industrial property
The user recognises and agrees that all industrial and intellectual property rights of the contents on the social profile of BRATLEBORO and/or any other elements on the social profile of BRATLEBORO (including but not limited to trademarks, logotypes, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, look and feel, audio and video) belong to BRATLEBORO and/or to third parties.
Access to the social profile of BRATLEBORO shall not, under any circumstances, involve any waiver, transfer, licence or total or partial assignment of these rights, unless otherwise expressly provided. These Conditions of Use do not grant users any other rights of use, change, exploitation, reproduction, distribution or public communication of the social profile of BRATLEBORO and/or its contents, other than the one expressly provided herein. Any other use or exploitation of any rights shall be subject to the authorisation previously and specifically granted for these purposes by BRATLEBORO or the third party owning the rights concerned.
BRATLEBORO authorises users to use, view, print, download and store the contents and/or elements on the social profile of BRATLEBORO exclusively for the personal, private and non-lucrative use of the above, whenever the source and/or author of the above is provided and where, as applicable, the symbol of the copyright and/or other industrial property rights of its owners appeared. The use of these elements, their reproduction, communication and/or distribution with commercial or lucrative purposes is totally prohibited, as well as their amendment, change or decompiling. For any uses other than those expressly permitted, it shall be necessary to gain the prior consent in writing of the holder of the rights concerned.
In the cases where the contents of the social profile of BRATLEBORO involved a contribution by users giving rise to any intellectual or industrial property rights, the above shall involve the exclusive assignment to BRATLEBORO of all of the exploitation rights on such contribution, for an unlimited territory, whichever the method, for the entire term of duration of the protection of the Intellectual or Industrial Property, effective from the receipt of each work by BRATLEBORO. These exploitation rights include, but are not limited to, the fixation, reproduction, distribution, public communication, transformation and translation or digitalisation, as well as public availability. BRATLEBORO may introduce any amendments it deemed fit in the work, with the purpose of adjusting the above to its commercial needs, and this cannot be understood as injuring the moral rights of the author of the work. Users shall be responsible for the authorship and originality of their contributions, as well as the peaceful exercise of the use of such contributions, exonerating BRATLEBORO from any third-party claim.
In the case where any contents were found to be contrary to current regulations in force or could be damaging for users, BRATLEBORO kindly asks that this is notified as soon as practicable to the following through our online form.
8.- Confidentiality and data protection
In agreement with the provisions laid down under Organic Law 15/1999, of 13 December, on the protection of personal data, BRATLEBORO informs users that the details provided through the social profiles of BRATLEBORO, as well as the information concerning preferences or other details of commercial interest shall be added to a File owned by BRATLEBORO, S.L., registered with the Register of the Spanish Data Protection Agency, the purpose of which is the management of relationships with customers, potential customers and followers of the social media accounts of BRATLEBORO; delimiting their preferences and needs, sending corporate, advertising and promotional information. In turn, their data may be processed in the framework of creating market studies, assessment of the level of acceptance of products and studies of needs of the target population, and other similar needs, arising out of the relationship of BRATLEBORO with the user.
BRATLEBORO warns the user that it is solely responsible and guarantees the confidentiality, security and processing of data in respect of personal data gathered from the user through this page/profile on this social network, and that it has no other responsibility in respect of the processing and subsequent uses of personal data that could be carried out by the owner of the social network or by third parties that could have access to such data via the public profiles of the various social networks.
We inform you that, in agreement with current laws in force, users may exercise their rights of access, rectification, cancellation and/or opposition, by employing the following methods:
- Before the relevant LOPD department.
- By registered mail, addressed to BRATLEBORO, S.L., with address at C/ MARIE CURIE Nº 34, Elche Parque Empresarial, 03203 Elche, Alicante, attaching a copy of the ID or any other valid method allowing proof of their identity.
Exercising access rights shall depend on the functionality of the social network and the potential of access to information of user profiles. In connection with access for rectification purposes, we remind you that this may solely be satisfied in relation to the information under the control of BRATLEBORO. As for cancellation and opposition rights, the above may solely be satisfied in connection with the information under the control of BRATLEBORO.
Moreover, you can stop interacting, following or receiving information from the social profiles of BRATLEBORO, delete contents that you are no longer interested in, or restrict the people you share your connections with, using the methods stipulated by the various social networks.
Users can always access the privacy policies of the social networks themselves, and additionally manage the settings of their profile to guarantee their privacy. BRATLEBORO encourages uses to become familiar with the conditions of use of these networks before starting to use them.
- Facebook: https://www.facebook.com/help/323540651073243/
- Google: http://www.google.es/intl/en/policies/privacy/
- Twitter: https://twitter.com/privacy
9.- Resolutions and controversies
For any litigation or matters concerning the social profile of BRATLEBORO, the Laws of Spain shall be applicable, and the jurisdiction for the resolution of any conflicts arising out of or relating to the use of this social profile, shall be of the Courts and Tribunals of Elche, whenever applicable legislation did not expressly provide that jurisdiction is of the courts or tribunals of another location.
All rights reserved. Any copies, distribution and/or reproduction, whether full or partial, of the contents and/or the website of BRATLEBORO shall require prior authorisation in writing by BRATLEBORO.