Terms & Conditions

LEGAL NOTICE AND CONDITIONS OF USE OF THE WEBSITE

In order to comply with Article 10 of Law 34/2002 for Information Society and Electronic Commerce Services, we shall inform the Users of the following data:

Company Name: Elisa Canali

Company Address: Carrer Craywinckel 5 2ª 2º, 08022 Barcelona, (Barcelona)

Tax Identification Number: Y2406479A

Telephone: 606090428

E-Mail: support@elisacanali.com

Website: wwww.elisacanali.com

Purpose of the Contract

ELISA CANALI (hereinafter the Provider),as a responsible entity for the website, provides this document to the Users, which regulates the use of the website wwww.elisacanali.com, by which we intend to comply with the obligations set forth in the Law 34/2002 for Information Society and Electronic Commerce Services (LSSICE or LSSI), as well as informing all Users about the conditions of use of the website.

Through the Web, ELISA CANALI provides users with access to and use of different services and content made available through the web.

Any person accessing this website assumes the role of User (hereinafter, the User), which consequently implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, as well as any other legal provisions that are of application

As a User, you have to carefully read this Legal Notice for all and any of the occasions that you access the web, as there may be modifications, being that the provider reserves the right to modify any type of information that may appear on the web without having to pre-warn or to inform users of these obligations, being only enough the mere publication on the website of the Provider.

CONDITIONS OF ACCESS AND USE OF THE WEB

Free access and use of the web

The provision of services by ELISA CANALI is free for all Users. However, some of the services rendered by the provider through the Web are subject to payment of a specific price through the general contract of conditions.

USER REGISTRATION

In general, the rendering of the Services does not require prior subscription or registration of Users. Even so, ELISA CANALI conditions the use of some of the services only if the User has previously filled out the corresponding User registration form. Such registration shall be completed in the manner that is expressly indicated in the service section itself.

ACCURACY AND TRUTHFULNESS OF THE INFORMATION

All the information provided by the User must be accurate and truthful. For these purposes, the User guarantees the authenticity of the data provided through the forms for the subscription of the Services. The User is responsible to keep all the information provided to ELISA CANALI permanently updated in a way that it reflects, at all times, their actual situation. In any case, the User will be solely responsible for false or inaccurate statements provided by them, as well as for the damages that may be caused to the provider or third parties as a consequence.

OBLIGATION TO MAKE A CORRECT USE OF THE WEB

The User agrees to use the Website in compliance with the Law and this Legal Notice, as well as in accordance with morality and good customs. For this purpose, the User shall refrain from using the page for purposes that are unlawful or prohibited, and / or injurious to the rights and interests of third parties, and / or that in any way may damage, disable, overburden, deteriorate or prevent the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment of the provider.

As a particular indication but not limited thereto, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:

(a) is contrary, despises or attempts against fundamental rights and public liberties that are recognized by the Spanish Constitution, international treaties and other current applicable laws;

(b) induces, incites or promotes actions that are criminal, degrading, defamatory, violent or, in general, contrary to law, morals and public order;

(c) induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;

(d) is contrary to the rights relating to honor, personal or family privacy or to the person's own image;

(e) in any way prejudices the credibility of the provider or of third parties; and

(f) constitutes illicit, deceptive or disloyal advertising.

EXCLUSION OF GUARANTEES AND LIABILITY

The Provider is exempt from any and all liabilities arising from the information published on our website, provided that this information has been manipulated or introduced by a third party.

This website has been revised and tested to work properly. In principle, its correct operation can be guaranteed 365 days a year, 24 hours a day. However, the Provider does not rule out the possibility that there may be certain programming errors, or that there are causes of force majeure, natural disasters, strikes, or similar circumstances that could make it impossible to access the website.

ELISA CANALI does not grant any guarantee and is not liable, in any case, for any and all damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; of the existence of viruses, malicious programs or harmful contents; of the illicit, negligent, fraudulent use or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and motions available to users on the website.

The provider is not liable under any circumstances for any and all damages that may arise from the illegal or improper use of this website.

COOKIES

The provider's website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the proper functioning and visualization of the Website. The cookies that are used have, in any case, a temporary nature, with the sole purpose of making navigation more efficient, and they are to disappear once the user's session ends.

Under no circumstances the cookies will be used to collect personal information.

For more information, see our Cookies Policy

LINKS

From the website, you may be redirected to third-party content. Since it is not always possible to control the content entered by third parties, ELISA CANALI does not assume any liability regarding these contents. In any case, the Provider states to undertake the immediate withdrawal of any content that may contravene national or international laws, morality or public order, also proceeding to the immediate withdrawal of the redirection to these websites, as well as informing the competent authorities of the content in question.

The Provider is not responsible for the information and stored content that may be included but not limited to forums, chats, blog generators, comments, social networks or any other means that allow third parties to independently publish content of the website of the provider. However, and in compliance with the provisions of art. 11 and 16 of the LSSICE (Information Society and Electronic Commerce Law in Spain), the Provider undertakes to be available for all users, authorities and security forces, as to actively collaborate in the withdrawal or, when necessary, the blocking of all content that may affect or contravene the national, or international laws, rights of third parties or for the purposes of morality and public order. In the event that the user considers that there may be some content that could be susceptible to this classification, they shall notify the administrator of the website immediately.

PERSONAL DATA PROTECTION

The provider is deeply committed to compliance with personal data protection regulations and guarantees full compliance with the obligations set forth in said regulations, which also includes the implementation of the established security measures in both the European Data Protection Regulation and the Spanish regulations on data protection. For more information, see our Privacy Policy. 

SOCIAL NETWORKS

We inform you that ELISA CANALI may be present in social networks. The processing of the data that the users include in social networks [by becoming followers of the provider in the social networks (and / or realizing any link or connection action through these)] will be governed by this section, as well as by the conditions of use, privacy policies and regulations for access and use of the social networks in question and are previously accepted by the user.

ELISA CANALI will process your data in order to inform you of the activities, products or services of the provider through these social networks, as well as for any other purpose that the Social Networks regulations allow, but will not be responsible for their Privacy Policies.

The following content publications are prohibited:

- Whereas they are unlawful by national, community or international regulations or that they carry out activities that are allegedly unlawful or contravene the principles of good faith.

- Whereas they threaten the fundamental rights of people, lack of courtesy in the network, annoy or may generate negative opinions on our users or third parties and in general whatever the content that ELISA CANALI deems inappropriate.

- And in general, whereas they contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights.

Also, ELISA CANALI reserves the right to remove, without prior notice from the website or the corporate social network, those contents that are deemed inappropriate.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to the programming, editing, compilation and other elements necessary for its operation, the designs, logos, texts, photographs and / or graphics are all property of the Provider or, if necessary, its use is based upon a license agreement or express authorization from behalf of the owner(s). All the contents of the website are duly protected by the rules of intellectual and industrial property.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution and public communication require prior written authorization from the Provider. Any use that is not previously authorized by the Provider will be considered a serious breach of the intellectual or industrial property rights of the owner(s).

The designs, logos, texts and / or graphics that are unrelated to the provider and that may appear on the website, are property of their respective owners, being themselves responsible for any possible dispute that may occur in their regard. In any case, the Provider has express and prior authorization from such owners.

The Provider acknowledges, in favor of the owners, their corresponding industrial and intellectual property rights, by which their mentioning or appearance on the website, does not imply the existence of any rights or any liability of the Provider on them, as well as endorsement, sponsorship or recommendation by the same.

To make any kind of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you may communicate with the Provider through the contact email above.

As a User of this Website, you agree to comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying. You may not copy, display, distribute, modify, reproduce, or transmit this site or portions thereof without prior written consent from us.  Except as provided in this herein, ELISA CANALI does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website content is our property and is protected by intellectual property laws.

PROPRIETARY RIGHTS

You acknowledge and agree that the contents of this Website, including but not limited to its materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website are the property of ELISA CANALI or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Website. OPPULENT FEMME and BLOOM- Becoming Limitless Original Opulent Magnetic are registered trademarks of ELISA CANALI. All other trademarks are the property of their respective owners. All of our Website’s content is Copyright 2021 of ELISA CANALI   All rights reserved. 

REQUEST FOR PERMISSION TO USE OUR CONTENT

Any request for written permission to use the content of this Website, or any other intellectual property or property belonging to us, should be made before you wish to use the content by sending an e-mail to support@elisacanali.com.

USE OF THE WEBSITE

You may use this Website only for your own noncommercial personal use and in compliance with these Terms and Conditions. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Website. If an account or password is needed to use any portion of this Website, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Website, including with respect to ordering products or services from us (“Additional Terms”), which Additional Terms are made part of the said Terms and Conditions by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control. Please note that online purchases have additional terms of use relating to the transaction.

INFORMATION YOU SUBMIT  TO US

With respect to any information or materials you submit or make available to us, you agree that any information you provide to us through email, comments, or other forms of communication, is done with a non-exclusive, worldwide, perpetual, irrevocable, non-terminable, royalty-free license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. As such, please do not provide us with information you do not want us to use You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant ELISA CANALI the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. ELISA CANALI will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

WEBSITE DISCLAIMER

While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. ELISA CANALI assumes no liability or responsibility or any errors or omissions in the content on our website.

OUR WEBSITE AND ALL CONTENTS OF OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR WEBSITE THAT YOUR USE OF WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT ELISA CANALI SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OUR WEBSITE. 

INDEMNIFICATION

You agree to defend, indemnify and hold ELISA CANALI  harmless from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arises from or related to your failure to comply with these Terms md Conditions. Neither ELISA CANALI nor any other party involved in creating, producing, or delivering our Website shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our website.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ELISA CANALI  ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,  INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF ELISA CANALI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ELISA CANALI  ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO ELISA CANALI IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. 

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through this Website. Because some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users. 

Furthermore, ELISA CANALI does not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.

RELEASE OF CLAIMS

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

APPLICABLE LAW AND JURISDICTION

For the resolution of disputes or issues related to this website or the activities that are developed therein, they shall be governed by the laws applicable in Spain, to which the parties expressly submit, being the Courts of Barcelona as the competent entities that shall resolve all disputes that derive or are related to the use performed by such parties.

TERM AND TERMINATION

Without limiting its other remedies, we reserve the right and may immediately discontinue, suspend, terminate, or block your and any user’s access to our site at any time in our sole discretion.

In the event of cancellation or termination, you will no longer be authorized to access the part of the Website or Content affected by such cancellation or termination. 

By using this Website, you are agreeing to all parts of the above Terms and Conditions. If you have any questions about these Terms and Conditions, please send an email to support@elisacanali.com or write to us at:

ELISA CANALI
Carrer Craywinckel
5, 2ª 2º 08022
Barcelona
SPAIN

When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request.

Last Updated:  March 2021