General Terms of Use
These General Terms of Use aim to establish the conditions and guidelines for access, use, and utilization by users of the Vitafrán website (www.vitafran.com), made available to the public on the Internet by the commercial entity Vitafran S.L (whose full identification and contact details are: Vitafran S.L - Ctra. de San Javier Km. 11.5, Nave 7. Vitafrán S.L Los Ramos (Murcia) Cp: 30589 - CIF: B30325757), as well as, where applicable, all the content displayed, publicly communicated, and/or made available to the public through the website www.vitafran.com.
Access, use, and utilization by the user of this website, as well as the content made available to the public through it, imply the user's express acceptance of these General Terms of Use, expressly declaring that the user has read, understands, knows, and comprehends these General Terms of Use and assumes all the obligations that concern the user, as provided in this text.
Therefore, the managers of www.vitafran.com recommend that the user carefully read this text before accessing, using, and/or utilizing this website and/or the content made available to the public through it.
Without prejudice to the regulation contained in these General Terms of Use, the managers of www.vitafran.com reserve the possibility of eventually establishing Specific Terms of Use, with users being equally bound by any Specific Terms of Use that may be published.
Users are expressly informed that this document, General Terms of Use, should always be interpreted jointly with the documents entitled (I) Legal Notice, (II) Privacy Policy, and (III) Cookies Policy made available to users through this website.
Finally, users are expressly informed that these General Terms of Use will have an indefinite period of validity, as long as they are not modified.
Service Conditions
1.1 User Definition
Access to and/or use of the website www.vitafran.com grants the condition of user to whoever performs it, accepting from that moment, without any reservation, these General Terms of Use. Generally, any internet user can access the content made available to the public through the website www.vitafran.com, and consequently, any internet user who accesses the website www.vitafran.com will be considered a user.
The website www.vitafran.com does not have any implemented private area, nor does it have any means of generating a user account through the website www.vitafran.com. That is, all the content made available by the website www.vitafran.com is publicly accessible, and any internet user visiting this website can access it. Regarding underage users and their possible access to the website www.vitafran.com, the managers of www.vitafran.com expressly inform that no inappropriate or age-restricted content is shown, publicly communicated, or made available to the public on this website.
Nevertheless, the managers of www.vitafran.com expressly inform that it is the exclusive responsibility of parents, guardians, or legal representatives to control and assist minors in internet navigation, assuming no responsibility for any damage that a minor may suffer as a result of accessing the content made available to the public through the website www.vitafran.com.
Obligations and Responsibilities of Users
2.1 User Obligations
By way of example and not limitation:
- The user commits and obliges to use the website www.vitafran.com in accordance with the provisions established by current legislation and regulations, good faith, public order, and generally accepted customs and practices.
- The user commits and obliges expressly to make appropriate use of the website www.vitafran.com and its content, according to the possibilities and services offered, as well as the purposes for which they were conceived.
- Likewise, the user commits and obliges not to use the website www.vitafran.com, its content, and/or any dissemination tools that may be made available to the public for illegal or unlawful purposes, contrary to current regulations, or harmful to the rights and/or interests of Vitafrán and/or third parties, whether physical or legal.
- Equally, the user commits and obliges not to cause harm, damage, or deterioration to the software, tools, and/or content that constitute and shape the website www.vitafran.com, and not to impede its normal functioning.
The managers of www.vitafran.com will not assume any responsibility, whether direct or indirect, resulting from the users' non-compliance with the aforementioned commitments and obligations.
2.2 User Responsibility
By way of example and not limitation:
- Each user will be solely and exclusively responsible for the use they make of the website www.vitafran.com, as well as for the tools and content made available to the public through the website www.vitafran.com.
- The user will be solely and exclusively responsible for any use they may make of the website www.vitafran.com and/or the content made available to the public through it for illegal or unlawful purposes or not authorized by current regulations, whether with or without economic or lucrative intent.
- The user will always assume, in a unique and exclusive way, responsibility of any kind that may arise as a result of the user's non-compliance with these General Terms of Use and/or current legislation and regulations in the use they make of the website www.vitafran.com.
The managers of www.vitafran.com are excluded from any type of responsibility, whether direct or indirect, regarding any damage or harm caused to the user of the website www.vitafran.com and/or a third party, caused by the misuse, intentional or not, that the user makes of the website www.vitafran.com, and/or the content, tools, and utilities made available to the public through it, and/or for the non-observance of these General Terms of Use and, where applicable, the Specific Terms of Use, by the users.
Responsibility of Vitafrán
The managers of www.vitafran.com will not assume any responsibility, whether direct or indirect, resulting from any possible damage and/or harm, of any nature, that the user of the website www.vitafran.com and/or a third party may suffer, resulting from, by way of example and not limitation:
- The lack of availability, maintenance, or effective operation of the website www.vitafran.com, its utilities, and/or content, when they are not effectively provided and/or controlled by the managers of www.vitafran.com.
- Possible access, availability, and continuity problems of the service provided by the website www.vitafran.com, when they are derived from factors beyond the control and activity of www.vitafran.com.
- Possible damage and/or harm, of any kind, resulting from potential interruptions, terminations, and/or dysfunctions of the service, whenever they are caused by reasons beyond and not attributable to Vitafran S.L.
- The fact that a third party, breaching established security measures, uses the website www.vitafran.com, its content, or utilities to send malware, worms, or other similar electronic damage, or carries out unauthorized processing of stored data, if any.
- Any use that, in general, the user and/or a third party makes of the website www.vitafran.com, its utilities, and/or the content made available to the public through it, that is contrary to these General Terms of Use, good faith, morals, public order, good customs, and/or the provisions established by current legislation and regulations.
Third-Party Responsibility: Links and/or Advertising Managed by Third Parties
4.1 Links Managed by Third Parties and Information Provided by Third Parties
The website www.vitafran.com may host, temporarily, provisionally, or permanently, links, hyperlinks, and/or similar technologies, which redirect users to other pages or websites. If such links, hyperlinks, and/or similar technologies exist, their sole purpose is to facilitate and enable access to content and/or services that may be of interest to users, not managed or controlled by Vitafrán's managers, the destination pages, or websites. That is, the destination pages and/or websites, to which the cited links, hyperlinks, and/or similar technologies redirect the user, will be managed and controlled, in any case, by the respective managers or owners of such pages and/or websites.
Whenever there are links, hyperlinks, and/or similar technologies on the website www.vitafran.com that redirect users to other pages and/or websites, they will be included on the website www.vitafran.com in strict compliance with the regulations governing Industrial and Intellectual Property.
Users are expressly informed that Vitafrán does not carry out prior control, nor does it approve, authorize, supervise, or take responsibility for the content, services, and any other information provided by third parties, whether individuals or legal entities, whose pages or websites may be linked, to which the user is redirected, or whose access is provided through the website www.vitafran.com. The relationships, of any kind, that the user maintains or establishes with the owners or managers (individuals and/or entities) whose pages or websites the user visits through the links, hyperlinks, and/or similar technologies provided to the public through the website www.vitafran.com are exclusively the responsibility of the user.
Therefore, the managers of www.vitafran.com do not assume any responsibility, whether direct or indirect, resulting from the connections that may be made, or the content accessed through the referred links, hyperlinks, or similar technologies, nor do they guarantee the technical availability, legality, truthfulness, usefulness, quality, reliability, accuracy, correctness, or morality of the content, information, utilities, and/or services accessed through such links, hyperlinks, and/or similar technologies, except in the case that such content, information, utilities, and/or services are directly managed or controlled by the managers of www.vitafran.com, which will be expressly communicated to users if applicable.
The user will be solely and exclusively responsible for all those relationships, contractual or extra-contractual, that may be established with the owners or managers of the pages or websites accessed through the links, hyperlinks, and/or similar technologies provided to the public through the website www.vitafran.com, as well as, where applicable, the possible purchase and sale relationships of goods, products, and/or services that may be established between such owners or managers and the users.
It is expressly informed that the cited contractual or extra-contractual relationships and, where applicable, the purchase and sale relationships will be established, in any case, directly between the user and the owners or managers of the destination pages or websites accessed by the user through the links, hyperlinks, and/or similar technologies provided to the public through the website www.vitafran.com, always and in any case, in an external and unrelated scope to www.vitafran.com. That is, if such legal relationships exist, always established in an external and unrelated scope to Vitafrán, they will be understood to be carried out exclusively between the user and the owner and/or manager of the destination pages or websites accessed by the user through the links, hyperlinks, and/or similar technologies provided to the public through the website www.vitafran.com, whether the latter is an individual or legal entity, not being Vitafrán a party to such a legal relationship in any case.
By hosting external connections, links, hyperlinks, and/or similar technologies on its website, Vitafrán acts as a mere intermediary between the users and the destination pages or websites to which they redirect, without any association, relationship, or participation between www.vitafran.com and such destination pages or websites. Therefore, if the user must file any type of claim related to the services provided, the products subject to sale, and/or the offers, discounts, or promotions publicly communicated, managed, offered, and/or made available to the public by the owners or managers of the destination pages or websites accessed by the user through the links, hyperlinks, and/or similar technologies provided to the public through the website www.vitafran.com, the user must directly and exclusively address the managers or owners of such destination pages or websites, who will be solely and exclusively responsible for such matters.
The inclusion of external connections, links, hyperlinks, and/or similar technologies will not imply, in any case, the existence of an association, relationship, or participation of Vitafrán with the entities or third persons, whether individuals or legal entities, connected or linked.
The user assumes, under their exclusive and sole responsibility, the damages and/or harms that may be caused as a consequence of the use they make of the destination pages and/or websites accessed by the user through the links, hyperlinks, and/or similar technologies provided to the public through the website www.vitafran.com, not assuming the managers of the website any responsibility, whether direct or indirect, in this regard.
4.2 Advertising Managed by Third Parties
The website www.vitafran.com may host, temporarily or provisionally, or permanently, banners, logos, advertisements, and any other advertising means managed by third parties, and/or have specific content sponsored by third parties made available to the public through the website www.vitafran.com.
If such advertising or sponsorship exists, the advertisers and sponsors will be solely responsible for ensuring and guaranteeing that the advertising material they make available to the public complies with all the legal requirements that may apply.
The managers of www.vitafran.com do not assume any responsibility, whether direct or indirect, for any errors, inaccuracies, illicitness, and/or irregularities that may occur in the advertising content managed by third parties, or from sponsors unrelated to Vitafrán, made available to the public, if applicable, through the website www.vitafran.com. The user will be solely and exclusively responsible for all those contractual or extra-contractual relationships that they may establish with the advertisers or sponsors, as well as for their possible participation in contests, raffles, or promotions of any kind managed by such advertisers and sponsors unrelated to Vitafrán, or the purchase and sale of goods and services that the user may establish with the aforementioned advertisers and/or sponsors unrelated to www.vitafran.com.
It is expressly informed that the cited contractual or extra-contractual relationships and, where applicable, the cited purchase and sale relationships will be established, in any case, directly between the user and the owners or managers of the advertisements or sponsorships made available to the public through the website www.vitafran.com, always and in any case, in an external and unrelated scope to Vitafrán. That is, if such legal relationships exist, always established in an external and unrelated scope to Vitafrán, they will be understood to be carried out exclusively between the user and the owner and/or manager of the advertisements or sponsorships made available to the public through the website www.vitafran.com, whether the latter is an individual or legal entity, not being Vitafrán a party to such a legal relationship in any case.
By hosting banners, logos, advertisements, and any other advertising means managed by third parties, and/or having specific content sponsored by third parties made available to the public through the website www.vitafran.com, Vitafrán acts as a mere intermediary between the users and the third parties responsible for such advertisements or sponsorships. Therefore, if the user must file any type of claim related to the services provided, the products subject to sale, and/or the offers, discounts, raffles, contests, and/or promotions, or similar matters, publicly communicated, managed, offered, and/or made available to the public by the third parties responsible for such advertisements or sponsorships, the user must directly and exclusively address the responsible or owners of such advertisements or sponsorships, who will be solely and exclusively responsible for such matters.
The inclusion of banners, logos, advertisements, and any other advertising means managed by third parties, as well as sponsorships by third parties on the website www.vitafran.com, will not imply, in any case, the existence of an association, relationship, or participation of Vitafrán with the entities or third persons responsible for such advertisements or sponsorships, whether individuals or legal entities, connected or linked.
The user assumes, under their exclusive and sole responsibility, the damages and/or harms that may be caused as a consequence of the use they make of the pages and/or websites owned and managed by the third persons, whether individuals or legal entities, responsible for such advertisements or sponsorships, not assuming the managers of Vitafrán any responsibility, whether direct or indirect, in this regard.
Promotions Managed by Vitafrán, Made Available to the Public through this Website
The website www.vitafran.com has a section called "e-Promotions" through which the managers of Vitafrán can publicly communicate and/or make available to the public two types of publications, namely: (I) The existence of discounts, offers, and/or promotions in one or more of the establishments or salons that the Vitafrán chain keeps open to the public; and (II) the existence of promotional actions (contests, raffles, or others of similar nature) that will be developed through the website www.vitafran.com and/or the profiles that the Vitafrán entity maintains open on different social networks, that is, developed through the Internet.
The managers of Vitafrán are not obliged, in any way, to keep promotional actions, discounts, offers, promotions, etc., permanently published on this website.
Generally, the following information is made available to the users of the website www.vitafran.com regarding the different types of promotional actions that may be made available to the public through the Vitafrán website:
- Publications regarding the existence of available discounts, offers, and/or promotions.
- Promotional actions managed by Vitafrán and developed online (through the Internet).
Industrial and Intellectual Property
The ownership of all Industrial Property rights, namely, trademarks, distinctive signs, logos, trade names, domain names, and any other similar ones, included and/or publicly communicated through this website, which refer to and/or distinguish in the market, belong to the managers of Vitafrán, unless expressly indicated otherwise.
Likewise, the ownership of all intellectual works and/or content, such as photographs, designs, sketches, images, graphics, icons, texts, and any other type of works that may be protected by Intellectual Property Law, included and/or publicly communicated through this website, belong to the managers of Vitafrán, unless expressly indicated otherwise.
All those intellectual works and/or any other type of content that may be protected by the laws governing Intellectual Property, as well as all those trademarks, logos, distinctive signs, and any other elements that may be protected by the laws governing Industrial Property, made available to the public through this website, and whose ownership does not belong to the managers of Vitafrán but to third parties, whether individuals or legal entities, have been included and publicly communicated on this website with the express authorization of their legitimate owners and/or in strict compliance with the regulations governing Industrial and Intellectual Property.
The fact that the website www.vitafran.com makes available to the public signs and/or utilities that may be protected by Industrial and Intellectual Property Law does not imply, in any case, that any exploitation license is granted, whether total or partial, without the express and written authorization of their owners, whether the managers of Vitafrán or third parties, individuals or legal entities.
The user commits and obliges expressly to respect all and each of the Industrial and Intellectual Property rights that protect intellectual works, content, trademarks, or any other distinctive signs and/or domain names, and in general, any element that may be protected by the laws governing Industrial and Intellectual Property that they may access through this website.
It is expressly prohibited for the user to perform any act of reproduction, distribution, public communication, or other forms of making available, and/or transformation, and in general, any form of exploitation of content and intellectual works, as well as the commercial exploitation of any trademarks or other distinctive signs, and in general, any element that may be protected by the laws governing Industrial Property, that the user accesses through this website, whether in whole or in part, whether with or without economic or lucrative intent, unless authorized by their legitimate owners, expressly and in writing, and/or in cases authorized by law.
If the user performs, in breach of current legislation, any of the conducts and/or actions prohibited in the previous paragraph, or others of similar or analogous nature, contrary to current legislation, the managers of Vitafrán reserve the right to inform the competent authorities of such facts or to unilaterally undertake all those civil and/or criminal legal actions that may correspond in law, aiming to demand any type of responsibility from all those users who incur in the referred conducts, or in others of similar nature.
Modification of these General Terms of Use
The managers of Vitafrán reserve the right to modify, in whole or in part, these General Terms of Use, as well as the Legal Notice, the Privacy Policy, and the Cookies Policy, including, modifying, or deleting the clauses they deem necessary, without prior notice, and at the time they deem appropriate.
Such modifications, as the case may be, will replace, complete, and/or modify these General Terms of Use and, where applicable, the Legal Notice, the Privacy Policy, and/or the Cookies Policy.
The modifications of the General Terms of Use, as well as any legal texts made available to the public by Vitafrán, may be motivated, among others, by technical changes in the service, regulatory changes, changes in Vitafrán's functionalities, among other reasons.
The user expressly agrees to know, understand, and accept the possibility of modifying the General Terms of Use, as well as the Legal Notice, the Privacy Policy, and/or the Cookies Policy that Vitafrán's managers have, and in case such modifications occur, if the user continues using the service provided by Vitafrán through this website, it will be understood that the user accepts the introduced modifications.
Legislation and Jurisdiction
These General Terms of Use, as well as the documents of (I) Legal Notice, (II) Privacy Policy, and (III) Cookies Policy, made available to users through this website, have been drafted in accordance with Spanish law, with the parties accepting the laws and regulations in force in Spain as the governing legislation for the aforementioned documents.
The parties, with express waiver of any other jurisdiction that may correspond to them, agree to submit to the Courts and Tribunals of the user's domicile for the resolution of any issue that may arise related to access and/or use of this Vitafrán website, as well as the content of this document of General Terms of Use, and the documents of (I) Legal Notice, (II) Privacy Policy, and (III) Cookies Policy.
