Legal notice

Identification of the information society service provider

In order to comply with article 10 of Spanish Act 34/2002 on Information Society Services and Electronic Commerce, we inform the User of our details:

Website: www.orquideapearls.com

Registered name: PERLAS ORQUIDEA S.A (hereinafter, the “Company” or the “Controller”). 

Trade name: PERLAS ORQUÍDEA

Tax ID (CIF): A07039993
Registered office: CTRA. PALMA-MANACOR KM. 30, 07230, Montuiri, ILLES BALEARS, Spain
Telephone: +34 971 644 144
Email for data protection communications: legal@orquideapearls.com

Registry details: Volume 2188, Folio 225, Sheet PM2841, Commercial Registry of Palma de Mallorca

Purpose

The provider, responsible for the website, makes this document available to Users in order to comply with the obligations set out in Act 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), as well as to inform all users of the website of the website's terms of use.

Any person accessing this website assumes the role of user, undertaking to strictly observe and comply with the provisions set out herein, as well as with any other applicable legal provision.

The provider reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or to inform users of such obligations, publication on the provider's website being deemed sufficient.

Liability

The provider disclaims any liability arising from the information published on its website, provided that such information has been manipulated or entered by a third party unconnected with it.

This website may contain links to content on third-party websites. As the provider cannot always control the content entered by third parties on their websites, it assumes no liability whatsoever with regard to such content. In any event, the provider states that it will immediately remove any content that may contravene national or international law, morality or public order, immediately removing the redirection to that website and reporting the content in question to the competent authorities.

The provider is not liable for information and content stored, by way of example but not limitation, in forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independently on the provider's website. 

On this website we have adopted the relevant security measures to guarantee the confidentiality, integrity and availability of information. We use the HTTPS (SSL) protocol to establish a secure communication channel between the server and the user for the transmission of their personal data. Providing this service through a secure server means guaranteeing the confidentiality of the information exchanged between the user's computer and that server, as an encrypted connection is established between the two, making it impossible for third parties to access the information sent. This website has been reviewed and tested to ensure it works correctly. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, the provider does not rule out the possibility of certain programming errors, or of force majeure events, natural disasters, strikes or similar circumstances that make access to the website impossible. 

Intellectual and industrial property

This website, including by way of example but not limitation its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and graphics, are the property of the provider or, where applicable, it holds a licence or express authorisation from the authors. All the content on the website is duly protected by intellectual and industrial property legislation and, where applicable, registered in the corresponding public registries. 

Regardless of the purpose for which they are intended, the total or partial reproduction, use, exploitation, distribution and commercialisation of the content of this website requires in all cases the prior written authorisation of the provider. Any use not previously authorised by the provider will be considered a serious breach of the author's intellectual or industrial property rights.

Designs, logos, text and/or graphics not belonging to the provider that may appear on the website belong to their respective owners, who are themselves responsible for any dispute that may arise in relation to them. 

The provider acknowledges the corresponding industrial and intellectual property rights in favour of their holders; their mere mention or appearance on the website does not imply the existence of any rights or liability of the provider over them, nor any endorsement, sponsorship or recommendation on its part. To make any observation regarding possible breaches of intellectual or industrial property rights, as well as regarding any of the website's content, you may do so via the email address or telephone number given in the provider identification section of this legal notice.

Accuracy of information and minors

All information provided by the User must be accurate. To this end, the User guarantees the authenticity of the data communicated through the forms for subscribing to the Services. It is the User's responsibility to keep all information provided to the provider permanently up to date so that it reflects, at all times, their actual situation. In any event, the User will be solely responsible for any false or inaccurate statements they make and for any harm caused to the provider or to third parties. As regards the use of the services on this website, minors must always first obtain the consent of their parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by the minors in their care. Responsibility for determining the specific content accessed by minors lies with them, which is why, if minors access inappropriate content on the Internet, mechanisms must be set up on their computers, in particular software, filters and blocks, to limit the available content; although these are not infallible, they are especially useful for controlling and restricting the material minors can access.

Conditions of access and use

Access to this website is free of charge for the User, who undertakes to use this website in accordance with the law and with this legal notice, as well as with morality and good customs. To this end, the User will refrain from using the site for unlawful or prohibited purposes, purposes harmful to the rights and interests of third parties, or purposes that may in any way damage, disable, overload, impair or prevent the normal use of computer equipment or documents, files and any kind of content stored on any of the provider's computer equipment. In particular, and by way of indication but not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:

(a) is contrary to, disregards or infringes the fundamental rights and public freedoms recognised in the Constitution, in international treaties and in other legislation in force;

(b) induces, incites or promotes criminal, denigrating, defamatory or violent conduct or, in general, conduct contrary to the law, to morality and to public order;

(c) induces, incites or promotes discriminatory conduct, attitudes or thinking on grounds of sex, race, religion, beliefs, age or condition;

(d) is contrary to the right to honour, to personal or family privacy or to the image of individuals;

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

(f) constitutes unlawful, misleading or unfair advertising. 

Applicable Law and Jurisdiction

For the resolution of all disputes or matters relating to this website or to the activities carried out on it, Spanish law will apply, to which the parties expressly submit. Any dispute arising out of or in connection with this contract or agreement — including any question relating to its existence, validity, termination, interpretation or performance — will first be submitted for resolution to mediation. The mediation will be administered by the Mediation Institution of the Balearic Islands (IMIB). If the mediation is unsuccessful, the dispute will be definitively resolved by arbitration at law and, failing that, in equity, administered by the Court of Arbitration of the Balearic Islands. The appointment of the arbitrator or arbitrators and mediators and the administration of the arbitration and the mediation will be governed by the rules of the Court in force on the date the request for arbitration or mediation is filed.