Legal Notice

Legal Notice

IDENTIFICATION OF THE CONTROLLER

In compliance with the provisions of article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (hereinafter, LSSI-CE), both users, recipients of the service, and the competent bodies are hereby informed in an express, precise and unequivocal manner of the following aspects relating to the information society service provider:

Conditions of use

The simple and mere use of the Page grants the status of user of the Page, whether a natural person or legal entity, and necessarily implies the complete, full and unreserved acceptance of each and every one of the clauses and general conditions included in the Legal Notice. If the User does not agree with the clauses and conditions of use of this Legal Notice, he/she will refrain from using the Page. This Legal Notice is subject to changes and updates, so the version published by Sagarmanta S.L. may be different each time the User accesses the Portal. Therefore, the User must read the Legal Notice each and every time he/she accesses the Page.

Through the Page, Sagarmanta S.L. provides Users with access to and use of various Contents published via the Internet by Sagarmanta S.L. or by authorized third parties.

The User is obliged and agrees to use the Page and the Contents in accordance with current legislation, the Legal Notice, and any other notice or instructions made known to him/her, either by means of this legal notice or in any other place within the Contents that make up the Page, as well as with the rules of coexistence, morality and generally accepted good customs. To this end, the User is obliged and agrees NOT to use any of the Contents for purposes or effects that are illegal, prohibited in the Legal Notice or by current legislation, harmful to the rights and interests of third parties, or that in any way may damage, render useless, overload, deteriorate or prevent the normal use of the Contents, computer equipment or documents, files and all kinds of content stored on any computer equipment owned or contracted by Sagarmanta S.L., other Users or any Internet user (hardware and software).

The User undertakes and agrees not to transmit, distribute or make available to third parties any kind of material contained on the Page, such as information, texts, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, brands, icons, technology, photographs, software, links, graphic design and source codes, or any other material to which he/she may have access as a User of the Page, without this enumeration being limiting. Likewise, in accordance with all of the above, the User may not:

• Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless there is written and explicit authorization from Sagarmanta S.L., which is the owner of the corresponding rights, or unless this is legally permitted.
• Delete, manipulate or in any way alter the “copyright” and other identifying data of the reservation of rights of Sagarmanta S.L. or their owners, of the fingerprints and/or digital identifiers, or of any other technical means established for their recognition.

The User must refrain from obtaining or even attempting to obtain the Contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been indicated for this purpose on the Web pages where the Contents are found or, in general, those which are normally used on the Internet for this purpose, provided that they do not entail a risk of damage or disabling of the Page and/or the Contents.

Information provided on the website

Sagarmanta.com reserves the right to modify the commercial offer (products, prices, promotions and other commercial and service conditions) presented on Sagarmanta.com at any time. We make every effort to offer the information contained on the website truthfully and without typographical errors. In the event that at any time an error of this type occurs, which is at all times beyond the control of Sagarmanta.com, it will be corrected immediately. Likewise, it is possible that the contents of the website may occasionally show provisional information about some products.

Intellectual Property

All brands, trade names or distinctive signs of any kind that appear on the Page are the property of Sagarmanta S.L. or, where appropriate, of third parties that have authorized their use, without it being understood that the use or access to the Portal and/or the Contents grants the User any right over the aforementioned brands, trade names and/or distinctive signs, and without any of the exploitation rights that exist or may exist over said Contents being understood to be transferred to the User. Likewise, the Contents are the intellectual property of Sagarmanta S.L., or of third parties where appropriate, therefore, the Intellectual Property rights are owned by Sagarmanta S.L., or by third parties that have authorized their use, to whom the exclusive exercise of the rights of exploitation thereof in any form corresponds and, in particular, the rights of reproduction, distribution, public communication and transformation. Unauthorized use of the information contained in this website, as well as the infringement of the intellectual or industrial property rights of Sagarmanta S.L. or of third parties included in the Page that have transferred content will give rise to the legally established responsibilities.

Hyperlinks

Those persons who intend to establish hyperlinks between their Web page and the Page must observe and comply with the following conditions:

• Prior authorization will not be necessary when the Hyperlink only allows access to the home page, but may not reproduce it in any way. Any other form of Hyperlink will require express and unequivocal written authorization from Sagarmanta S.L.
• “Frames” will not be created with the Web pages or on the Web pages of Sagarmanta S.L.
• No false, inaccurate, or offensive statements or indications will be made about Sagarmanta S.L. its directors, employees or collaborators, or of the persons who are related to the Page for any reason, or of the Users of the Page, or of the Contents supplied.
• It will not be declared or implied that Sagarmanta S.L. has authorized the Hyperlink or that it has supervised or assumed in any way the Contents offered or made available on the Web page on which the Hyperlink is established.
• The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
• The Web page on which the Hyperlink is established will not contain information or content that is illegal, contrary to morality and generally accepted good practices and public order, nor will it contain content contrary to any third party rights.

Availability of the page

Sagarmanta S.L. Sagarmanta S.L. does not guarantee that there will be no interruptions or errors in accessing the Page or its Contents, or that they are up to date, although it will make its best efforts to avoid, correct or update them, where appropriate. Consequently, Sagarmanta S.L. is not responsible for any damages or losses of any kind caused to the User due to failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.

Sagarmanta S.L. excludes, with the exceptions contemplated in current legislation, any responsibility for damages and losses of any kind that may be due to the lack of availability, continuity or quality of the operation of the Page and the Contents, or to the non-fulfillment of the expectation of usefulness that users may have attributed to the Page and the Contents.

The function of the Hyperlinks that appear on this Website is exclusively to inform the user about the existence of other Websites that contain information on the subject. These Hyperlinks do not constitute any suggestion or recommendation.

Sagarmanta S.L. is not responsible for the content of these linked pages, the operation or usefulness of the Hyperlinks or the result of these links, nor does it guarantee the absence of viruses or other elements in them that may cause alterations in the computer system (hardware and software), the documents or the user’s files, excluding any liability for damages of any kind caused to the user for this reason.

Access to the Page does not imply an obligation on the part of Sagarmanta S.L. to control the absence of viruses, worms or any other harmful computer element. In any case, it is the User’s responsibility to have the appropriate tools for the detection and disinfection of harmful computer programs, therefore, Sagarmanta S.L. is not responsible for any damages caused to the user.

The contents of the website may occasionally show provisional information about certain products.

Quality of the Page

Given the dynamic and changing environment of the information and services provided through the Page, Sagarmanta S.L. makes its best effort, but does not guarantee the complete truthfulness, accuracy, reliability, usefulness and/or timeliness of the Contents. The information contained in the pages that make up this Portal is only of an informative, advisory, informative and advertising nature. In no case do they offer or have the character of a binding or contractual commitment.

Limitation of Liability

Sagarmanta S.L. The User is not responsible for any decisions that the User may make based on this information, as well as for any typographical errors that may be contained in the documents and graphics on the Page. The information is subject to possible periodic changes without prior notice of its content due to expansion, improvement, correction or updating of the Contents.

The User assumes all responsibility derived from the use of our website, being the only party responsible for any direct or indirect effect on the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of expectations generated by our website, the User being obliged to hold sagarmanta.com harmless from any claims derived, directly or indirectly, from such events. Sagarmanta.com is not responsible for any damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the users’ computer equipment and devices, caused by reasons beyond the control of sagarmanta.com, which prevent or delay the provision of services or navigation, or for delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, or the impossibility of providing the service or allowing access for reasons not attributable to sagarmanta.com, due to the user, third parties, or cases of force majeure. Sagarmanta.com does not generally control the use that users make of the website. In particular, sagarmanta.com does not guarantee under any circumstances that users use the website in accordance with the law, these General Conditions, generally accepted morality and good customs and public order, nor that they do so in a diligent and prudent manner.

Obligations of clients and users

In general, the user is obliged to comply with these general conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may impede, damage or deteriorate its normal operation, the assets or rights of sagarmanta.com, its suppliers, other users or in general any third party. Access and use of the portal by minors without the express consent of their parents is prohibited. sagarmanta.com is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify their age. Specifically, and without implying any restriction to the previous section, during the use of the website sagarmanta.com the user undertakes to:

1. Provide truthful information about the data requested in the user registration form or when placing an order, and to keep it updated.
2. Not to introduce, store or distribute on or from the website, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and in general current regulations.
3. Not to introduce, store or distribute through the store any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the website, any of the services, or any of the equipment, systems or networks of sagarmanta.com, any other user, the suppliers of sagarmanta.com or in general from any third party.
4. Diligently save the “username” and “password” if provided by sagarmanta.com, assuming responsibility for any damages that may arise from improper use of the same.
5. Not to carry out advertising or commercial exploitation activities through the website, and not to use the contents and information of the same to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties.
6. Not to use false identities, or impersonate others when using the website or any of its services, including the use, where appropriate, of passwords or access keys of third parties or in any other way
7. Not to destroy, alter, use for your use, render useless or damage the data, information, programs or electronic documents of sagarmanta.com, its suppliers or third parties.
8. Do not introduce, store or distribute through the store any content that infringes the intellectual or industrial property rights or trade secrets of third parties, or in general any content of which you do not have, in accordance with the law, the right to make available to a third party.

Notifications

The sending of commercial communications only takes place with prior consent!

If you do not wish to receive advertising, you only have to deactivate the sending of Newsletters and information.

Availability of content

The provision of the service of the Page and the Contents has, in principle, an indefinite duration. Sagarmanta S.L., however, is authorized to terminate or suspend the provision of the service of the Page and/or any of the Contents at any time. When this is reasonably possible, Sagarmanta S.L. will warn in advance of the termination or suspension of the Page.

Protection of personal data

Sagarmanta S.L. is aware of the importance of the privacy of personal data and has therefore implemented a data processing policy aimed at providing maximum security in the use and collection of data, ensuring compliance with current regulations on the matter and configuring this policy as one of the basic pillars in the company’s lines of action. While browsing the website www.sagarmanta.com, personal data may be requested through different forms provided for this purpose. These data will form part of the relevant files depending on the specific and determined purpose that motivates their collection. In this way, the specific information of each data processing will be provided with each web form, with the file controller being common to all of them: Sagarmanta S.L., domiciled at C/ Forners 16, 46988 Paterna, Valencia, as well as the place and form of exercising the rights of access, rectification, cancellation and opposition, which must be formalized by means of a written communication to the address indicated above including a copy of the DNI or equivalent identification document. In the event that you provide your data through an email message, it will be part of a file whose purpose will be the management of the request or comment that you make to us, with the rest of the points indicated in the previous paragraph being applicable.

Likewise, the general conditions of contracting the services of Sagarmanta S.L. contain the characteristics and nature of the data processing that will be developed by it in the event that you contract any of them. On the other hand, Sagarmanta S.L. Sagarmanta S.L. has implemented the necessary technical and organizational measures to prevent the loss, misuse, alteration, unauthorized access and theft of Personal Data that interested parties may provide as a result of accessing the different sections of the Sagarmanta S.L. website, applying the security measures contemplated in the Regulations for the development of Organic Law 3/2018, of May 28, on European Data Protection.

Jurisdiction

For any questions that arise regarding the interpretation, application and compliance with this Legal Notice, as well as any claims that may arise from its use, all parties involved submit to the Judges and Courts of Paterna, Valencia, expressly waiving any other jurisdiction that may apply to them. Applicable legislation The Legal Notice is governed by Spanish law.

All copyrights are reserved by international intellectual property laws and treaties. Its copying, reproduction or dissemination, in whole or in part, by any party is expressly prohibited.