Legal Notice and Terms of Use

TABLE OF CONTENTS

  1. IDENTIFICATION DATA APRICOTTE VISION SL
  2. GENERAL TERMS AND CONDITIONS OF USE
    1. THE PURPOSE OF THE TERMS AND CONDITIONS: THE WEBSITE
    2. THE USER
    3. 'COMMENT' CONTEST
  3. DATA PROTECTION
  4. LINK POLICY
  5. INTELLECTUAL AND INDUSTRIAL PROPERTY
  6. LEGAL ACTIONS, APPLICABLE LAW, AND JURISDICTION

  1. IDENTIFICATION DATA

In compliance with the duty of information set forth in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information about this website is provided below:

The ownership of this website, www.apricotte.com(hereinafter, the Website) is held by: Apricotte Vision SL, with Tax ID Number (CIF): B87994034 and registered in: the Commercial Registry of MADRID; and its registration details are: Volume 36904, Folio 200, Page M-660193, whose contact details are:

Apricotte Vision, LLC

Calle Cidro, 18 – Unit 2C, 28044 Madrid

email: hello@apricotte.com


  1. TERMS AND CONDITIONS 
    1. THE PURPOSE OF THE TERMS AND CONDITIONS: THE WEBSITE

The purpose of these General Terms and Conditions of Use (hereinafter Terms and Conditions) is to regulate access to and use of the Website. For the purposes of these Terms and Conditions, the Website shall be understood to mean:

  • The external appearance of the screen interfaces, both static and dynamic, i.e., the navigation tree; and all elements integrated into both the screen interfaces and the navigation tree (hereinafter referred to as Content) and all online services or resources that may be offered to Users (hereinafter referred to as Services).

Apricotte.com reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Content and Services that may be included therein. The User acknowledges and accepts that Apricotte.com may at any time interrupt, deactivate, and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, free of charge, without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

The use of any of the Content or Services of the Website may be made by means of prior subscription or registration by the User.

 

                    2.THE USER

Access, browsing, and use of the Website, as well as the spaces enabled for interaction between Users, and the User and Apricotte.com, such as comments and/or blogging spaces, confers the status of User, and therefore, from the moment you start browsing the Website, you accept all the Conditions set out herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be. Given the importance of the above, Users are advised to read them each time they visit the Website.

The Apricotte.com Website provides a wide range of information, services, and data. The User assumes responsibility for the proper use of the Website. This responsibility extends to:

  • Use of the information, content, and/or services and data offered by Apricotte.com in a manner that is not contrary to the provisions of these Terms and Conditions, the law, morality, or public order, or that in any other way may infringe upon the rights of third parties or the functioning of the Website itself.
  • The accuracy and legality of the information provided by the User in the forms issued by Apricotte.com for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify Apricotte.com of any event that allows the misuse of the information recorded in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed with their immediate cancellation.

Apricotte.com reserves the right to remove any comments and contributions that violate the law, respect for human dignity, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten young people or children, public order or safety, or that, in its opinion, are not suitable for publication.

In any case, Apricotte.com shall not be liable for the opinions expressed by Users through comments or other blogging or participation tools that may be available.

Simply accessing this Website does not imply any kind of commercial relationship between Apricotte.com and the User.

The User declares that they are of legal age and have sufficient legal capacity to be bound by these Terms and Conditions. Therefore, this Apricotte.com Website is not intended for minors. Apricotte.com declines any responsibility for failure to comply with this requirement.

The Website is primarily intended for Users residing in Spain. Apricotte.com does not guarantee that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they do so at their own risk and must ensure that such access and browsing complies with the local legislation applicable to them, with Apricotte.com assuming no liability whatsoever that may arise from such access.

                    3. COMMENT CONTEST 

The prize draw is only open to individuals aged 18 or over. To enter, you must leave a comment about the product you have purchased. The tone of the comment must comply with Apricotte's editorial standards (comments must be helpful; comments that simply say "The product is good" or "The product is bad" are not valid). Customers who leave a comment that complies with our style guidelines will have their comment published and will automatically be entered into the prize draw. The draw will take place in the first week of each month. Comments must be received before midnight on the last day of the month to be entered into that month's draw. The winner will be contacted by email within 14 days of the draw. The winner will receive a single promotional code valid for the following 3 months, to be entered at the end of the purchase process, entitling them to purchase any other pair of glasses from any of our collections at no cost. Shipping costs will also be free. The code cannot be exchanged for cash. The list of winners is available at the following postal address. Apricotte Customer Service, C/ Cidro 18, nave 2C, 28044 Madrid. Apricotte reserves the right to publish the names of the winners and their city/town online. 

  1. DATA PROTECTION

In accordance with the provisions of Organic Law 15/1999 on the Protection of Personal Data (LOPD) and Royal Decree 1720/2007 of December 21, which approves the Regulations implementing Organic Law 15/1999 of December 13 on the Protection of Personal Data (RDLOPD), Apricotte.com undertakes to adopt the necessary technical and organizational measures, according to the level of security of the data collected, in order to guarantee the security of personal data and prevent its alteration, loss, unauthorized processing, or access.

In accordance with the provisions of Article 5 of the LOPD, the User is informed that the personal data collected by Apricotte.com, through the forms on its pages, will be entered into an automated file under the responsibility of Apricotte.com, and duly declared and registered in the General Register of the Data Protection Agency, for the purpose of facilitating, expediting, and fulfilling the commitments established between both parties or maintaining the relationship established in the forms signed or to respond to a request or query.

Unless the User informs Apricotte.com otherwise, it will be understood that their data has not been modified, that the User agrees to notify any changes, and that they consent to the use of their data for the specific, explicit, and legitimate purposes for which it was obtained. It may also be used for commercial purposes of personalization, operations, and statistics, and activities related to its corporate purpose, expressly authorizing Apricotte.com to extract, store data, and conduct marketing studies to tailor the Content offered to the User, thereby improving the quality, performance, and navigation of the Website.

On occasions when the User may provide their data through forms, for the purpose of making inquiries, requesting information, and/or for reasons related to the Content offered on the Website, if the data provided by the User is essential for the proper development of all this, the User will be informed of this, indicating that the completion of this data is mandatory.

If you do not authorize the processing of your data for the purpose indicated in the previous paragraph(s), you may exercise your rights of information, access, rectification, cancellation, and opposition (ARCO rights) before Apricotte.com, in accordance with Title III of the LOPD and the RDLOPD. To do so, you must take into account the following implications:

  • Right of Access: This is the User's right to obtain information about their specific personal data and the processing that Apricotte.com has carried out or is carrying out, as well as the information available about the origin of said data and the communications made or planned regarding it.
  • Right of Rectification: This is the User's right to have any data that is inaccurate or incomplete in the automated file modified.
  • Right of Cancellation: This is the right to delete the User's personal data, except as provided for in other applicable laws that determine the obligation to retain such data, in a timely manner.
  • Right to Object: This is the User's right to prevent Apricotte.com from processing their personal data or to have Apricotte.com cease processing it.

Users may therefore exercise their rights by writing to Apricotte.com with the reference "LOPD—www.apricotte.com," specifying:

  • User's first and last names and a copy of their ID card. In cases where representation is permitted, identification by the same means of the person representing the User will also be required, as well as the document proving representation. The photocopy of the ID card may be replaced by any other legally valid means of proving identity.
  • Request with the specific reasons for the request or information to be accessed.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that supports your request.

The User must use a shipping method that allows for proof of shipment and receipt of the request.

This application and all other accompanying documents must be sent to the following address and/or email:

Apricotte Vision, LLC.

Calle Cidro, 18 – Unit 2C, 28044 Madrid

hello@apricotte.com

Apricotte.com reserves the right to modify its Privacy Policy, at its own discretion, or due to a legislative, jurisprudential, or doctrinal change by the Spanish Data Protection Agency. Use of the Website after such changes implies acceptance of them.

 

  1. LINK POLICY

Please note that the Apricotte.com Website makes or may make available to Users links (such as, among others, links, banners, buttons), directories, and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories, and search engines on the Website is intended to facilitate Users' search for and access to information available on the Internet, without this being considered a suggestion, recommendation, or invitation to visit them.

Apricotte.com does not offer or market, either itself or through third parties, the products and/or services available on these linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity, or legality of sites outside its property that can be accessed through links.

Apricotte.com will in no case review or control the content of other websites, nor does it approve, examine, or endorse the products and services, content, files, or any other material existing on the aforementioned linked sites.

Apricotte.com assumes no responsibility for any damages that may arise from the access, use, quality, or legality of the content, communications, opinions, products, and services of websites not managed by Apricotte.com and linked to this Website.

Users or third parties who create a hyperlink from a web page on another, different website to the Apricotte.com Website should be aware that:

No part of the Content and/or Services of the Website may be reproduced, in whole or in part, without the express permission of Apricotte.com.

No false, inaccurate, or incorrect statements about the Apricotte.com Website or its Content and/or Services are permitted.

With the exception of the hyperlink, the website on which said hyperlink is established shall not contain any element from this Website that is protected as intellectual property by Spanish law, unless expressly authorized by Apricotte.com.

The establishment of the hyperlink shall not imply the existence of a relationship between Apricotte.com and the owner of the website from which it is made, nor the knowledge and acceptance by Apricotte.com of the content, services, and/or activities offered on said website, and vice versa.


  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

Apricotte.com, either on its own behalf or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will therefore be works protected as intellectual property by the Spanish legal system, with both Spanish and EU regulations in this field being applicable, as well as international treaties relating to the subject matter and signed by Spain.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including making available, of all or part of the contents of this website for commercial purposes, in any medium and by any technical means, without the authorization of Apricotte.com, is expressly prohibited.

The User agrees to respect the intellectual and industrial property rights of Apricotte.com. You may view the elements of the Website or even print, copy, and store them on your computer's hard drive or on any other physical medium, provided that it is exclusively for your personal use. However, the User may not delete, alter, or manipulate any protection device or security system installed on the Website.

If the User or a third party considers that any of the Content on the Website constitutes a violation of intellectual property rights, they must immediately notify Apricotte.com using the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.


  1. LEGAL ACTIONS, APPLICABLE LAW, AND JURISDICTION

Apricotte.com reserves the right to bring any civil or criminal actions it deems necessary for the improper use of the Website and Content, or for breach of these Terms and Conditions.

The relationship between the User and Apricotte.com shall be governed by the regulations in force and applicable in Spain. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their disputes to the ordinary courts, submitting to the judges and courts that correspond in accordance with the law.