The owner is responsible for the processing of users’ personal data.
The user is responsible for the personal data that he/she manages on the occasion of the services offered by the platform, the owner being in charge of the processing.
All information regarding the processing is described in our privacy policy, which you can access at any time by clicking on “Privacy Policy”.
Use of the platform. User obligations.
The registered user accepts the use of the platform under his sole responsibility and agrees to comply with the following obligations:
Protect their access credentials, as well as the privacy of their account, avoiding unauthorized access to them, taking responsibility for any access that may result from the lack of protection.
Inform the owner of any change in contact details.
Not to use the information and services made available for purposes and activities other than those specified and within the use described in this agreement, not being able to, but not limited to, lease, loan, sell, resell, transfer, assign, distribute or sublicense your license as a user.
Not to use the platform for illegal purposes or effects, contrary to the provisions of these terms and conditions, detrimental to the rights and interests of the owner or third parties or in any way that may prevent the normal use of the platform.
Not to copy, decompile, invert, disassemble, reproduce, translate, modify, version, or duplicate the platform, partially or in its entirety, in any form or medium whatsoever, in compliance with intellectual property rights.
Not to use the platform for the transmission of viruses or harmful content.
Refrain from obtaining the contents of the platforms through procedures other than those made available to them.
Comply with the obligations established by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD) and by Organic Law 3/2018, of 5 December, on the protection of Personal Data and guarantee of digital rights (LOPDgdd) in relation to the personal data managed through the platform for which it is responsible.
Obligations of the holder
The holder, by virtue of these terms and conditions, undertakes to comply with the following obligations:
To grant the user personal, unique and non-transferable access credentials to the platform.
To provide the technical support necessary for the correct operation of the platform.
Maintain adequate security certification of access to web services.
Inform about changes that may occur in the terms and conditions of access and use of the web platform.
Comply with the obligations established by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD) and by the Organic Law 3/2018, of 5 December, on the protection of Personal Data and guarantee of digital rights (LOPDgdd) and specifically with the provisions of art. 28 of the RGPD and art. 33 of the LOPDgdd given the legal position that the holder occupies in the provision of services (data processor), in particular:
Guarantee and maintain the necessary technical and organizational conditions that prevent alteration, loss, processing or unauthorized access, taking into account the state of the art, as well as the typology of the data processed, especially with regard to the confidentiality to which the persons who can access the platforms subscribe for their technical maintenance and for the proper provision of services.
Inform the user of any security incidents that may occur, as well as the measures taken to resolve them
Keep professional secrecy of personal data to which they may have access due to the provision of platform services, and may not communicate such personal data to third parties outside the provision of services, or use them for purposes other than the provision of different services.
Establish an access control mechanism and confidentiality guarantees for technical personnel in charge of the owner who perform maintenance functions.
Collaborate with the user to facilitate the exercise of the rights recognized in articles 15 to 22 of the RGPD.
Information offered through the website
The information displayed on the website is current as of the date of last update. We reserve the right to update/modify/remove information from this website at any time without prior notice.
Changes made will not be retroactive.
In the event that the website contains links to other websites and materials of third parties, such links are provided for information purposes only and we have no control over the content of such websites or materials. We therefore accept no liability whatsoever for any damage or loss arising from their use.
Right to cancel the contract.
We reserve the right to refuse to accept a contract from a user with whom there is a dispute.
Likewise, the user has the right to refuse or cancel the contracted service for justified reasons such as, for example:
For error in the billing data (which are incorrect or impossible to verify)
If there is suspicion of fraud with the bank card
If the user is under 18 years of age
If full payment has not been made.
If within 15 days after your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated.
As a consequence of the termination of the contract, we will refund any payments received from you, without undue delay and in any event not later than 14 days from the date on which we consider the contract to be terminated. Please note that transportation resulting from the termination of the contract for reasons attributable to the customer may have an additional cost, so we are entitled to pass on the corresponding costs.
Right of withdrawal.
The user has the right to withdraw from the contract, provided that he has not begun to use the services, within 14 calendar days from the day on which the contract was concluded.
This right of withdrawal is established in art. 102 the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws.
To withdraw from the contract you can notify it at INFO@DRAGUTIERREZ.COM specifying the details of the contract (user, date, etc..) in order to identify it correctly.
Once the right of withdrawal has been exercised, we will remove the access credentials to the service and we will proceed to refund the amount.
No refund will be made if the user has used the platform services.
Assignment of rights and obligations.
The contract is binding on both the user and the platform owner. The user may not transfer, assign, encumber or transfer the contract or any of the rights or obligations arising therefrom, without obtaining our prior written consent.
Acceptance of terms and conditions
Acceptance of these terms and conditions is necessary for the contracting of the platform services.
We reserve the right to modify these terms and conditions at any time.
If you do not agree with the terms and conditions, you may not contract the platform services.
Terms and conditions update date
This text was revised on 01/12/2023
DISPUTE RESOLUTION. COMPLAINTS
The use of this website and contracts for the purchase of products through the same shall be governed by Spanish law. Any dispute arising out of or relating to the use of the website or such contracts shall be submitted to the non-exclusive jurisdiction of the Spanish courts.
You can make any complaints and claims by contact ingINFO@DRAGUTIERREZ.COM
We inform you that there is an out-of-court dispute resolution procedure available free of charge and accessible to all citizens, it is the online dispute resolution platform of the European Union, accessible through the following link https://ec.europa.eu/consumers/odr/main/?event=main.home2.show