1. Previous information

The website www.confobird.es, and on its behalf, CONFOBIRD S.L., in compliance with the relative provisions of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, informs the User of the website in advance. to the provision of the service, the procedures and obligations that must be carried out for the effective execution of the contract:

a. The User agrees to carefully read the content of these General Contract Conditions, Use of the Website and Privacy Policy (hereinafter the Conditions).

b. The User agrees to enter personal data and additional information essential for the provision of the service.

The website www.confobird.es, and on its behalf, CONFOBIRD S.L., guarantees through the provisions of these Conditions full compliance with the regulations on the defense of consumers and users that may be applicable, protecting their legitimate interests from the beginning to the end of the contracting process. the products, services, content and/or tools provided through the website.

2. Identification of contracting parties

These Conditions are signed:

On the one hand, CONFOBIRD S.L., owner and owner of the website www.confobird.es (hereinafter referred to as Confobird), with registered office at Avda. Constitución, 44, de Banyeres de Mariola, Alicante (España), for notification purposes, with CIF. B-42657403.

And on the other hand, by the User, who is the one who makes use of the website, as well as the products, services, content and/or tools offered through it and whose identifying data are those provided directly by it through the incorporation of your data into the different forms that Confobird makes available to you to access, for a fee or free of charge, any of the products, services, content and/or tools offered through the website owned by Confobird. The responsibility for the authenticity of the data provided corresponds directly and exclusively to the User.

3. Purpose and scope of application

These Conditions that govern the provision of services, and/or the particular conditions that may be established, are intended to regulate access and the acquisition regime of the products, services, content and tools provided by Confobird to the User through its website, constituting the legal framework that develops the contractual relationship, whether in exchange for an economic consideration or free of charge, as determined where appropriate in the particular conditions of the products, services, contents and/or tools in the usage license agreements to which they are subject. The products, services, content and/or tools will be those available to the User on the following website owned by Confobird: www.confobird.es.

Each of said products, services, content and/or tools will, where appropriate, be subject to specific regulation through the particular contracting conditions of each of them, which will be accessible on the aforementioned website. Likewise, the products, services, content and/or tools that, due to their legal nature, so require, will also be subject to the terms and conditions included in the corresponding Use License Agreements. The aforementioned particular conditions and Use License Agreements may be consulted, printed and stored by the User prior to the start of the contracting procedure.

4. Acceptance and availability of the conditions of contract and use of the website

These Conditions, together with any particular conditions that may be established, regulate the legal relationship derived from the contracting processes formalized by the User through the website www.confobird.es. The User expressly accepts full and unreserved adherence to these stipulations in the version published by Confobird at the time the User contracts the products, services, content and/or tools in which he or she is interested. Therefore, the User undertakes to carefully read the contracting conditions each time they proceed to contract any product, service, content and/or tool given that they may have been subject to modification since the last time they accessed it.

These Conditions do not exclude the possibility that certain products, services, content and/or tools offered through the website are subject to particular conditions, in which case, they will be made available to the User.

By accepting these Conditions the User declares:

a. That is a person with ability to hire.

b. That you have read and accept these Conditions.

The User will always and in any case have access, prior to the start of the contracting procedure for products, services, content and/or tools, to the contracting conditions, which may be stored and/or reproduced on a durable medium. Confobird makes the store email address available to the User[arroba]confobird.com in order to answer any questions in relation to these Conditions, the particular conditions or the Use License Agreements.

5. Modification of the conditions of contract and use of the website

Confobird may modify these stipulations whenever there is sufficient cause or reason to do so. It is understood that there is sufficient cause or reason for the modification, with an illustrative and non-limiting nature, when the purpose of the modification is:

a. Expand the range or number of products and services that are made available to the User or improve existing ones.

b. Adapt the products and services object of this contract to the advances that may occur due to the development of new information technologies. Modify, replace or update the prices of the products and services offered through the website.

6. Conditions of access to the website and use of products and services

Access to the www.confobird.es website is free without prejudice to the fact that the acquisition of certain products and services or, where appropriate, content and/or tools that said company offers is subject to the prices stipulated in the particular conditions of each one. from them.

The User undertakes and guarantees to use the website in accordance with the provisions established in these conditions, the provisions of the applicable regulations, as well as matters relating to morality and good customs.

In this sense, the User undertakes to:

a) Do not use any of the services, products, content and/or tools that Confobird makes available to you, by means or for purposes that are illicit, or expressly prohibited in the provisions or whose effects may violate or harm the rights, interests or assets of Confobird. or third parties.

b) Refrain from carrying out any activity that could damage, overload, deteriorate or impede the normal activity of the website www.confobird.es, as well as obtaining the content provided on the website by illicit, fraudulent, theft or plagiarism, in accordance with the provisions of the Penal Code and the applicable regulations.

c) Not make illicit use of the products, services, content and/or tools, or that may cause harm to Confobird. Therefore, the User will refrain, without limitation, from modifying, copying, distributing, publishing, assigning and/or selling any information or appearance concerning the products, services, content and/or tools, provided by Confobird through its website.

In the event that the User causes damage to third parties by using any product, service, content and/or tool provided through the website, as well as improper use thereof, the User expressly exonerates Confobird from any responsibility that could be attributed to him.

For these purposes, the User will assume the sole and exclusive responsibility that may arise as a consequence of the above. Likewise, the User will bear the expenses, costs and, where appropriate, compensation that may arise from judicial processes motivated by non-compliance with the provisions of these Conditions and the applicable regulations.

Confobird, in order to guarantee the rights in compliance with these Conditions and respect for current legislation, may:

a) Proceed to supervise the service through its administrators, respecting in all cases the secrecy of communications and the privacy of the User.

b) Temporarily interrupt the service without prior notice and at any time for technological or legal reasons that will be conveniently explained on the website.

c) Modify the conditions of provision of products, services, content and/or tools, when so advised for technical reasons or due to the application of new legal provisions.

d) Modify the content of the products, services, content and/or tools that make up the content of the website, without the need to communicate it in advance, when it is deemed appropriate for reasons of its activity. Likewise, it reserves the right not to grant access to the services, products, content and/or tools, without prior notice, to any User who contravenes the provisions of these Conditions.

e) Delete or remove from the different services, products, content and/or tools offered through the website all information that could be illegal or simply offensive.

f) Communicate to the competent bodies acting in the exercise of their powers, the allegedly illegal conduct, activities or data of which Confobird is aware.

7. Obligations of the contracting parties

a. Obligations of Confobird

Confobird undertakes to comply with the following contractual obligations derived from the commercial relationship with the User as a result of the contracting of products, services, content and/or tools by the User:

Provide with the maximum guarantees to the User, the products, services, content and/or tools requested by the User in accordance with the provisions of these Conditions, and where applicable those established in the Use License Agreement, without failing to act in good faith. contractual.

Expressly inform the User of the existence of these Conditions prior to the start of the contracting procedure.

Inform the User prior to contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the products, services, content and/or tools requested, such as their price and any taxes imposed. of application.

Make a copy of the text of the Conditions available to the User. Likewise, and for those products, services, content and/or tools that require it, the specific conditions as well as the terms and conditions that govern the User License Agreement will be made available to the User prior to contracting.

Confirm to the User both the effective completion of the transaction, except for those products or services whose execution is immediate, within a maximum period of 24 hours from the user’s acceptance of the contracting conditions, and the effective completion of the payment in the in the event that the contracting of the product and/or service requires economic consideration.

Send the User proof of payment or invoice for the products or services contracted to Confobird, when the contracted service requires financial consideration.

b. User Obligations

For his part, the User undertakes to:

Carry out full compliance with the provisions of these Conditions, as well as with the provisions of the website www.confobird.es, in relation to the specific conditions of contracting the products, services, content and/or tools provided by Confobird.

Complete the registration forms prior to the start of the contracting procedure with true and current information if it is an essential requirement to be able to access any of Confobird’s products, services, content and/or tools.

Complete the forms for access to products and services that require economic consideration, with truthful and current information since said data is necessary for the issuance, if applicable, of the invoice by Confobird and the collection of the contracted products or services.

Use the contracted products or services in accordance with what is specified in the Conditions and particular conditions and exclusively for the purposes established in the Use License Agreement.

Provide, in cases of contracting products or services that require financial consideration, correctly the bank information requested by Confobird, as well as pay the price of the contracted products or services in accordance with the payment method and the current published rates. by Confobird in the particular conditions of each product or service at the time of contracting.

Omit sending messages that in any way prevent or hinder the normal functioning of the services offered by Confobird. In any case, the User will be solely and fully responsible for the content of the messages they write or send, as well as the data they provide.

8. Responsibilities of the parties

a. Confobird’s responsibility for the operation of the website.

Confobird will only be liable for any damages that the User may suffer as a result of accessing the website, or the acquisition of products, the provision of services, the use of content and/or tools when said damages are attributable to intentional action by Confobird.

Likewise, Confobird will not be responsible for any damage caused to the User in the event of impossibility of providing the service that is the subject of these Conditions due to cases of fortuitous event, force majeure or other causes not attributable to Confobird.

Likewise, Confobird will not be responsible for the inadequate functioning of the website if this is due to maintenance work, incidents, a defective operation of the terminal or its insufficient capacity to support the systems essential to use the service.

Confobird will take the appropriate measures to ensure a rapid response, but cannot be held responsible for delays due to telecommunications services or guarantee a specific delivery time for products, services or, where applicable, contents and/or tools.

b. User Responsibility.

The User will be solely responsible for the consequences derived from the communication of data that is not true as well as data belonging to people other than the User himself.

In the event of non-compliance by the User with their contractual obligations, Confobird reserves the appropriate legal actions, as well as the right to restrict access to products, services, content and/or tools.

9. Limitation of liability

Confobird endeavors to ensure that the information appearing on its website is correct and up to date. However, errors or omissions cannot be ruled out, so the User should not consider the information accurate without first verifying its accuracy with Confobird. None of the information and/or content on this website should be considered a statement or undoubted fact. Confobird cannot control the use that the User gives to the information or content offered from the website and therefore will not be responsible for any facts, acts or damages, direct or indirect, caused to the User or to third parties that may arise or have connection with the use of said information or content. The user exonerates Confobird from any liability that may arise from interruptions in availability in the acquisition of products, content and/or tools, and/or in the provision of services, caused by causes of force majeure or beyond its control. For these purposes, they are considered outside their control, by way of example and not limitation, (i) the modem, (ii) the user’s computer system, (iii) navigation software, (iv) virus, (v) interconnection of telephone and electrical networks, (vi) ISDN, and/or any other transport or telecommunications infrastructure used by the User.

Confobird will not be responsible for any damages or losses that products owned by third parties may cause to the user. The risks derived from the use of products owned by third parties correspond exclusively to the User, who must be governed by their terms and conditions, for which Confobird is not responsible.

10. Protection of personal data and electronic commerce

The User’s access to the website and the acquisition of products, services, and/or use of content or tools through the website involves the processing of personal data. For Confobird, compliance with regulations on the protection of personal data and on information society services and electronic commerce is of great importance.

Generally, people who use the website do so without having to provide any personal data. However, to access the products, services, content and/or tools, the User, in certain cases, must provide personal data. Confobird guarantees the confidentiality of the personal data provided by the User, as established in the regulations on Protection of Personal Data, and on Information Society Services and Electronic Commerce.

Confobird complies with current legislation on data protection, having adopted the necessary administrative and technical procedures to guarantee the security of the personal data collected.

In this sense, the User is informed and gives their consent for the incorporation of their data into the automated files owned by the website www.confobird.es, and on its behalf, CONFOBIRD S.L., domiciled at Avda. Constitución, 44, Banyeres de Mariola, Alicante (Spain), and for the processing of your data, resulting from the consultation, request or contracting of any service or product, or any transaction or operation carried out, in order to access the information and services provided by Confobird, through its website, and where appropriate for the maintenance of the contractual relationship, as well as for sending offers or advertising and promotional communications by any means, including electronic means.

The order data may be transferred to Trusted Shops, for the purpose of sending review requests by email to customers who make purchases in our online store.

The User declares that all the data provided by him is true and correct, and undertakes to inform Confobird of any changes that occur therein.

In the event that the User provides data from third parties, Confobird cannot be responsible for compliance with the principles of information and consent, so it must be the User who guarantees that they have previously informed and obtained the consent of the owner thereof to communicate their data. The User has the right to oppose the processing of any of their data that is not essential for the conclusion of the contract and its use for any purpose other than the maintenance of their contractual relationship, such as processing for advertising purposes. If at the time of registering a product or registering a User, the User does not agree with any of the treatments indicated in this policy, unrelated to the maintenance of the contractual relationship itself, the User may contact Confobird with the so that your right to object to such treatments is made effective. The means to contact Confobird are the same as those indicated for the exercise of your rights, which are set out in the following paragraph.

Likewise, Confobird’s privacy policy guarantees the User in all cases the possibility of exercising their right of access, rectification, cancellation and opposition of their data, notifying Confobird by sending an e-mail to the store email tienda[arroba]confobird.com, or by letter addressed to CONFOBIRD S.L. to the address Constitución, 44 – 03450 – Banyeres de Mariola – ALICANTE.

Likewise, and in compliance with Law 34/2002 on Information Society Services and Electronic Commerce, Confobird will exclusively send offers or advertising and promotional communications electronically to your email address or through another equivalent means of electronic communication. to those users who have expressly given their consent to receive communications regarding Confobird products or services or register for web services, such as Newsletter.

Confobird informs the User that they may express their refusal to this type of commercial and advertising processing of their data in the manner provided in this Legal Notice as well as unsubscribe from this type of communications, following the instructions that appear at the end of all our emails or communicating it in writing to the store email tienda[arroba]confobird.com or to the following postal address: CONFOBIRD S.L., Avda. Constitución, 44 – 03450 – Banyeres de Mariola – ALICANTE.

11. Security: Use of cookies and Secure environment

Confobird may, from time to time, use cookies on its website. They will be used for the purpose of personalizing your pages on the website or to remind you to register the products or services. If you do not want Confobird to organize cookies in your browser, you can set it to reject cookies or to notify you when a website tries to place a cookie in your browser software. If you reject cookies, this may affect your ability to use some of the products and services on our website.

Confobird, through its website, uses cutting-edge technology means to guarantee the protection of information. Confobird guarantees that the contracting of products and services is carried out in a secure environment.

The User can verify that they are in a secure environment by observing the closed padlock in the browser’s status bar, or by checking the appearance of the “s” in the http in the top menu.

Confobird may store and use the IP addresses of users of this website in order to analyze trends, administer the website and track usage of the website as a whole. Confobird does not associate IP addresses with personally identifiable information.

Additionally, this website uses Google Analytics, a web analytics service provided by Google Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies”, which are text files located on your computer, to help the website analyze how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be directly transmitted to and stored by Google on servers in the United States. Google will use this information on our behalf for the purpose of tracking website usage, compiling reports on website activity and providing other services related to website activity and internet usage. Google may transmit this information to third parties when required to do so by law, or when such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data it holds. You can reject the processing of data or information by rejecting the use of cookies by selecting the appropriate settings on your browser, however, you should know that if you do so you may not be able to use the full functionality of this website. By using this website, you consent to the processing of information about you by Google in the manner and for the purposes indicated above.

12. Hyperlinks

Confobird is not responsible for the web pages linked to it, so it is not responsible for their contents. The risks derived from consulting such web pages correspond exclusively to the User, who must be governed by their terms, conditions and legal notices, for which Confobird is not responsible.

13. Intellectual and industrial property

Confobird is the owner of the Intellectual and Industrial Property rights of the elements that make up the design of the page, such as the brand, trade name or distinctive sign. In particular and without limitation, they are protected by copyright, logos, color combinations, the selection and form of presentation, the source code of the website, the menus, the navigation buttons, the HTML code, the Java applets, texts, images, graphics, as well as any other content on the website related to the products, services, content and/or tools provided by Confobird.

The User agrees to respect the intellectual and industrial property rights of the website and the products, content, and/or tools; Therefore, the User will refrain from copying, reproducing, distributing, making available or publicly communicating the content of the website, without the express written authorization of Confobird and provided that the following conditions are met:

Any total or partial copy of the website or, where applicable, tools, contents of www.confobird.es must include the copyright notice of www.confobird.es: “© Confobird · All rights reserved.” In the case of use, reproduction and distribution of content owned by third parties that appear on this website, the copyright symbol of said parties must appear on all reproductions.

No modifications may be made to the content except when the User has prior authorization from Confobird. The content of the website may only be used for informational purposes, and its use for commercial purposes or for distribution, public communication, transformation or decompilation is prohibited.

Confobird reserves the right to revoke authorization to use the content of its website, content and/or tools at any time. In this case all use must be interrupted. Confobird is not responsible for third party information next to which part of the content of its website has been added.

No image or graphic available on the Confobird website will be used separately from the rest of the accompanying images or the corresponding text, if applicable.

The content of the Confobird website may not be distributed or published together with information that promotes:

• Pornography and/or prostitution.

• Child exploitation.

• Racism.

• Terrorism.

• Arms trafficking.

• Any other illegal content.

Product names appearing on this website may be trademarks of their respective companies.

14. Prices

The prices and rates applicable to the contracting by the User of the products and services that require economic consideration will be those that appear on the website owned by Confobird. www.confobird.es, at the time the User accesses the specific service, and proceeds to start the contracting process. , at the time the User accesses the specific service, and proceeds to start the contracting process.

In the event that the delivery of the product or service contracted by the User requires physical delivery of the product, the shipping costs generated will vary depending on the place of delivery of the product and will be borne by the User.

Confobird reserves the right to modify the rates and price list published on the aforementioned website, when it deems appropriate. In any case, the above will not apply to those services contracted prior to the modification, except in everything that refers to renewals of products and/or services.

The form of payment for the contracted services and/or products acquired by the User will be the one specified in the particular conditions for each of them at the time of contracting or acquisition, and in any case they will be available to the User in advance. to contracting or acquisition. Confobird, where applicable, reserves the right to cancel the contracted services and/or products purchased from the User, in the event that the latter does not respect the established payment method, or does not proceed to pay for the contracted product and/or services.

15. Duration of the contract

Regarding the duration of the contractual obligations derived from the contracting of products, services, content and/or tools between Confobird and the User, it will be as stipulated either in the particular conditions or in the License Agreement for the Use of the service that is provided. makes available to the User prior to contracting.

The period of validity of these Conditions and particular contracting conditions will be the time that they remain published on the aforementioned website and will be applicable from the moment the User uses the website, and/or proceeds to the contracting any products, services, content and/or tools.

In any case, Confobird reserves the right to modify them unilaterally, without this affecting the products purchased by Users prior to the modification, except in those cases in which the user has changed to a new version or product, or its services have been modified by Confobird, in which case the conditions in force at the time of the change and/or modification will apply.

16. Deadlines and method of delivery

Regarding the deadlines and manner of delivery of the contracted products or services, they will be those stipulated at the time of contracting the specific product or service, due to the wide offer and variation in the range of products that make up the products and services provided by Confobird.

In the ORDER SHIPPING section you can find the shipping conditions and price according to the destination address.

However, Confobird is exonerated from all liability in cases where the period established in the previous paragraph is exceeded due to unforeseeable circumstances, force majeure or due to third parties other than Confobird.

17. Right of withdrawal or termination of the contract

Confobird reserves the right to terminate in advance, and without prior notice, the contracting of the products, services, content and/or tools provided on the aforementioned website, to those users who fail to comply with the provisions of these Conditions and/or particular conditions. contract, or, where applicable, in the User License Agreement.

The User will NOT be able to use the right of withdrawal since all the products in our online store are personalized and made to measure.

18. Applicable legislation and jurisdiction

These conditions are governed by the current Spanish regulations that apply to them.

For the resolution of any disputes that may arise as a result of the provisions of these provisions, and expressly waiving any other jurisdiction that may apply, the User agrees to submit to the Jurisdiction of the Courts and Tribunals of Alicante.

19. Notifications

All notifications, requirements, requests and other communications that must be made by the parties in relation to these Conditions must be made in writing and must be sent by certified mail or burofax to the address of the other party or to its email address.

20. Nullity and ineffectiveness of the clauses

If any clause included in these Conditions is declared totally or partially null or ineffective, such nullity will affect only said provision or the part thereof that is null or ineffective, the Conditions subsisting in all other respects.