Terms and conditions of use
Accessing, browsing and using the websites , .fr, .co.uk, .it, .es and .de, implies the express and unreserved acceptance of all the terms of these conditions of use, which will be as valid and effective as any written and signed contract.
Their respect and application are opposable to any person who accesses, browses or uses the website. If you do not accept the terms set out above, do not access, browse or use the pages of the website.
1. COMPANY INFORMATION.
· Owner: Duarte y Beltrán, S.A. (hereinafter "Dubesa")
· Registered office: Calle la prensa, 1. 39012 Santander, Spain
· CIF: A39016589
· Public Register: Listed in the Santander Trade Register, Book 76, page 20, sheet 621, 1st entry
2. PURPOSE AND SCOPE.
These conditions of use govern the access, navigation and use of the Websites , .fr, .co.uk, .it, .es and .de, without prejudice to the fact that Dubesa reserves the right to modify the presentation, configuration and content of the website, as well as the conditions required for access and/or use. Access to and use of the content of the website after the entry into force of its modifications or changes implies the acceptance thereof.
However, access to certain contents and the use of certain services may be subject to specific conditions, which will in any case be clearly indicated and must be expressly accepted by users. These specific conditions may replace, complement or, where appropriate, modify these particular conditions of use.
Dubesa reserves the right to modify the terms and conditions stipulated in this document, in whole or in part, by publishing any modification in the same way that these conditions of use appear or through any type of communication addressed to users.
3. ACCESS AND REGISTRATION.
Access to the contents of the Websites is totally free of charge, without prejudice to the fact that there may be particular sections or services that require the payment of a certain economic sum for their use and enjoyment, which will be duly informed, and which in any case the user must expressly accept in the event that he or she wishes to take advantage of them.
If you do not have a username and password to access our platform, you will have to register in the NEW USERS section, where you will have to enter all your real and true data, as this is the only way we will be able to process any orders you may place in the future, as well as properly manage our commercial relationship.
Access to the website by minors is prohibited. However, in the event that a minor accesses the website and registers, it will be presumed that access has been made with the prior and express authorisation of his/her parents, tutors or legal representatives, without prejudice to the fact that Dubesa reserves the right to carry out any checks it deems appropriate.
Access to and browsing of the website does not require registration, however, in order to make a purchase or to receive advertising, information and periodic offers of our campaigns and promotional products, it will be necessary to fill in the web forms provided for this purpose. Registration on the Web is, unless expressly stated otherwise, free of charge.
Under no circumstances will Dubesa be responsible for the veracity of the registration data provided by the end users, and therefore, each of them is responsible for the consequences, errors and possible failures that may later result from the lack of veracity of the data.
3.1. CONDITIONS FOR REGISTRATION AS A USER.
It is essential to register as a user to be over 18 years of age and to provide all the data required and catalogued as compulsory.
Likewise, the registered user assumes that his/her account is personal and non-transferable, bearing in mind that only natural persons may register, to the exclusion of legal entities.
Under no circumstances is it permitted to transfer the registered user's account between different people, and Dubesa may eliminate it as soon as this circumstance is detected, without prejudice to the reservation of the legal actions that may correspond.
3.2. CANCELLATION AS A REGISTERED USER
At any time, users may request to be removed from the website, simply by sending an email to firstname.lastname@example.org, indicating their username and the specific service from which they wish to be removed.
In any case, once the cancellation has been made, the user may request a new registration as a client, with Dubesa reserving the right to not admit this registration in the specific cases specified in the clause entitled "Unauthorised Uses" or in the event of any conflict or controversy arising between the parties, to be resolved or cancelled by acknowledging the fault or negligence of the client and/or the damage caused to Dubesa, its collaborators and associates or its users, clients or potential clients.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
Dubesa is the owner or, where applicable, has the corresponding licences for the exploitation rights of the intellectual and industrial property of the website, as well as the intellectual and industrial property rights over the information, material and content of the website.
Under no circumstances shall it be understood that access, browsing and use of the website by the user imply any renunciation, transfer, licence or total or partial assignment of said rights by Dubesa. The user has the right to use the contents and/or services of the website in a strictly domestic environment.
References to trademarks or registered trade names or other distinctive signs, whether owned by Dubesa or third parties, imply an implicit prohibition of their use without the consent of Dubesa or their legitimate owners. At no time, unless expressly stated otherwise, access, browsing or use of the website and/or its contents confers on the user any right whatsoever over the distinctive signs included therein.
All intellectual and industrial property rights over the contents and/or services of the website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the website, for public or commercial purposes, without the prior express written authorisation of Dubesa or, where applicable, of the holder of the corresponding rights.
In the event that the user sends information of any kind to Dubesa through the Blog or through the rest of the channels authorised for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely, that this information does not infringe the intellectual or industrial property rights, trade secrets or any other rights of third parties, and that this information is not of a confidential nature and does not harm third parties.
The user acknowledges responsibility, leaving Dubesa free of any communication provided personally or on its behalf, achieving this responsibility without any restriction the accuracy, legality, originality and ownership thereof.
5.1 LINKS TO OTHER WEBSITES
In the event that the website displays links to other websites by means of different buttons, links, banners or embedded content, Dubesa informs that these are directly managed by third parties, and that Dubesa does not have the human or technical resources to know in advance and/or control and/or approve all the information, content, products or services provided by other websites to which links may be established from the website.
Therefore, Dubesa cannot assume any type of responsibility for any aspect relating to the website to which a link may be established from the website, in particular, but without limitation, for its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if the user becomes aware that the activities carried out through these third party websites are illegal or contrary to morality and/or public order, he or she must immediately inform Dubesa so that the access link can be deactivated, an action that will be carried out as soon as possible.
In any case, the establishment of any type of link from the website to another website does not imply that there is any relationship, collaboration or dependency between Dubesa and the person responsible for the other website.
5.2 LINKS TO THE WEB CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
Dubesa makes available to users, through different tools and applications, link media that allow users to access the channels and pages of the website and blog on different platforms and social networks owned and/or managed by third parties (e.g. Facebook, Instagram, Twitter, Pinterest, etc.). The installation of these applications on the Web and the Blog has the sole purpose of facilitating users' access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of a relationship between Dubesa and the owner, manufacturer or distributor of the linked platform, nor does it imply the acceptance and approval by Dubesa of its contents and/or services, with the owner, manufacturer or distributor being solely responsible for them.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, which are totally external to the website and beyond the control of Dubesa. By accessing these external networks, the user enters an environment not controlled by Dubesa, and therefore Dubesa does not assume any responsibility for the security configuration of these environments.
Given that Dubesa has no control over the content hosted on these channels, the user acknowledges and accepts that Dubesa assumes no responsibility for the content or services that the user may access on these pages or for any content, products, services, advertising or any other material available on these pages. For this reason, the user must be extremely careful in the evaluation and use of the information, content and services existing in the linked channels, as well as with regard to any information of their own or of third parties that they wish to share in said channels.
5.3 LINKS TO THE WEB ON OTHER SITES
Dubesa does not authorise the establishment of a link to the website from those web pages that contain illegal, unlawful, degrading or obscene material, information or content and, in general, that contravene the law, morals or public order, or generally accepted social norms.
In any case, users may establish links in their respective web pages that lead to the Web, provided that they comply with the following conditions:
a) The link may not reproduce the content of the website or parts thereof in any form whatsoever.
b) It is not permitted to create a browser or border environment on the sections of the website, nor to modify the platform in any other way.
c) It is not permitted to make false, inaccurate or incorrect statements or indications on the website and/or, in particular, to state or imply that Dubesa has authorised the link or that it has in any way supervised or assumed responsibility for the content or services offered or made available on the website where the link is established.
d) The web page in which the link to the website is established must not contain information or contents that are illicit, contrary to generally accepted morals, good manners and public order, nor contents contrary to the rights of third parties, including intellectual and industrial property rights and/or the right to honour, private or family life, image or any other right, nor contents contrary to the regulations on the protection of personal data.
Dubesa has no power or human or technical means to know, control or approve any information, contents, products or services provided by other websites that have established links with the website. Dubesa does not assume any responsibility for any aspect relating to the website that establishes such a link with the website, specifically, but not exclusively, with regard to its operation, access, data, information, files, the quality and reliability of its products and services, its own links and/or any of its contents, in general.
6. CONDITIONS OF USE OF THE WEBSITE
It is not allowed and, therefore, its consequences will be the exclusive responsibility of the user, access or use of the Web for illegal or unauthorized purposes, with or without economic purpose, and, more specifically and without the following list being absolute, it is prohibited:
1. The use of the website in any way that may cause damage, interruptions, inefficiency or defects in its functionality or in the computer of a third party;
2. Use the Web for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
3. Use the Site to collect personal data from other users;
4. Register on the Web under a false identity, impersonate another person, use a profile, or take any other action that may mislead other users as to the identity of the origin of a message;
5. Unauthorised access to any section of the website, to other systems or networks connected to the platform, to any Dubesa server or to the services offered by the website, by means of hacking or falsification, extraction of passwords or any other illegitimate means;
6. Violate or attempt to violate the security or authentication measures of the website or any network connected to it, or the security or protection measures inherent in the content offered on the website;
7. Take any action that causes a disproportionate or unnecessary saturation of the Website infrastructure or Dubesa's systems or networks, as well as the systems and networks connected to the Website; or
Failure by the user to comply with any of the above obligations may result in Dubesa adopting appropriate measures protected by law and in the exercise of its rights or obligations, and may result in the elimination or blocking of the account of the offending user, without the possibility of compensation for the damage caused.
Likewise, the website includes areas through which users can participate, publish their own content and/or share content, whether it is their own or published by Dubesa. These areas may be the property of Dubesa and therefore depend on and be controlled by it, or outside Dubesa. They are independent social networks, external to our organisation, for which we cannot be held responsible, neither for their correct operation, nor for the conditions and policies established by those responsible for these spaces, the user being the one who must consent and assume at all times the processing of the information published on said platforms.
In any case, we inform you that when the user participates in one of these areas, the rest of the web users will be able to access and use all the contents published by the user. Dubesa cannot control the use that other people make of your content and, therefore, Dubesa cannot be held responsible for it. Dubesa recommends that you do not publish personal data or material protected by intellectual and industrial property rights or any other rights.
In order to make the platform a safe environment and to protect our users, it is strictly forbidden to publish content:
1. This may be considered as an infringement, in any form whatsoever, of the fundamental rights to honour, privacy and family life or the image of third parties and, in particular, of minors
2. This includes photographs that collect images or personal data from third parties without obtaining appropriate consent from the owners.
3. Which violate the secrecy of communications, the violation of intellectual and industrial property rights or the rules governing the protection of personal data.
4. Contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or contrary to morality or public order.
5. Containing "spam" and/or links to sites unrelated to the corresponding space.
6. Which have the purpose of promoting and/or advertising the sale, consumption and/or use of any product and/or service and, in particular, of medicinal products, preparations for medical purposes and/or medical devices, or influencing the decision-making of other users concerning a certain treatment, or commercial prospecting in favour of any manufacturer of medicinal products and/or medical devices.
7. Including advertising or commercial communications, for the transmission of messages for advertising purposes or for the collection of data for the same purpose.
The user who violates these prohibitions is responsible for any claims arising from such violations. Even if no claim is made by a third party, Dubesa reserves the right to prevent access to the website or the possibility of participating in the Blog for users who do not comply with these conditions.
7. LIABILITIES AND WARRANTIES
Dubesa cannot guarantee the reliability, usefulness or truthfulness of absolutely all the information and/or services on the site, nor the usefulness or truthfulness of the documentation made available through it.
Therefore, Dubesa does not guarantee and is not responsible for : (i) the continuity of the contents of the website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful elements in the website or in the server that provides it; (iv) the invulnerability of the website and/or the impossibility of violating the security measures adopted therein ; (v) the lack of usefulness or performance of the contents of the website; and (vi) the damage or harm caused, to oneself or a third party, by any person who violates the conditions, rules and instructions established by Dubesa on the website or by the violation of the website's security systems.
Nevertheless, Dubesa declares that it has adopted all the necessary measures, to the best of its ability and the state of the art, to guarantee the operation of the website and to minimise system errors, both from a technical point of view and with regard to the contents published on the website.
If the user becomes aware of the existence of any content that is illegal, unlawful, contrary to the law or which may involve a violation of intellectual or industrial property rights, applicable regulations on the protection of personal data and/or any other rights, he or she must inform Dubesa immediately so that it can proceed to adopt the appropriate measures.
Dubesa does not guarantee the legality, reliability or usefulness of the contents provided by third parties through the website.
Dubesa does not aim to promote and/or advertise the sale, consumption and/or use of medicinal products, prepared for medical purposes and/or medical devices, nor to influence users' decision making regarding a particular treatment, nor does it aim at commercial canvassing in favour of any manufacturer of medicinal products and/or medical devices.
Dubesa is not responsible for the veracity, integrity or updating of the information published on the website from sources other than the website itself (external news, reports from external professionals, etc.), nor for the information contained in other websites that are linked to the website.
Dubesa will not assume any responsibility for any hypothetical damage that may result from the use of the aforementioned information. Under no circumstances may the aforementioned contents, opinions, comments and/or links be considered as a recommendation, sponsorship, promotion or advertising of Dubesa on medicines and/or health products, or of the laboratories or manufacturers that produce them.
In any case, Dubesa reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of the services of the website, with or without prior notice, to users who violate any of the provisions detailed in these conditions of use, without the user being able to demand any compensation for this cause.
9. APPLICABLE LAW AND COMPETENT JURISDICTION
In order to make claims in the use of our services, the client may go by mail to the email or physical address indicated in the section "Identification", committing us to seek at any time an amicable solution to the dispute.