TERMS AND CONDITIONS

 

1.- MESOESTETIC® Community

The company MESOESTETIC E-COMMERCE, S.L. (hereinafter, MESOESTETIC) has created the MESOESTETIC® Community with the aim of offering members a series of services and advantages to improve their well-being and benefit from everything that MESOESTETIC can offer and present through this Community.

 

2.- Prior information

These terms and conditions, together with the particular conditions, bases or rules that may be established for specific events, acts or assumptions, as well as the communications and instructions of MESOESTETIC regulate the relationship between MESOESTETIC and the members of the Community.

Full acceptance of the terms and conditions is mandatory. If the User does not expressly accept these terms and conditions by clicking on the "I accept the terms and conditions" button, he/she may not become a member of the MESOESTETIC® Community.

Registration in the MESOESTETIC® Community is free of charge.

 

3.- Registration in the MESOESTETIC® Community

Only natural persons over 18 years of age who have previously registered may be members of the MESOESTETIC® Community. To register, it will be necessary to provide the fields marked as mandatory on the form.

The user name will always be the one provided in the "Name" field when the user registers.

The members of the MESOESTETIC® Community shall be solely responsible for maintaining the confidentiality of their password, undertaking not to disclose it to other persons and to adopt all useful and necessary measures to keep it secret. Members are solely and exclusively responsible for its safekeeping and its use, whether authorised or not, by third parties. 

Members are aware that accessing the service using the identity or password of another person, as well as obtaining, using or disseminating the personal data of other persons, may constitute a legal infringement and, possibly, a criminal offence.

 

4.- Activity and services of the MESOESTETIC® Community

Members of the MESOESTETIC® Community may benefit from and participate in all services and advantages offered at any time, either through the website www.mesoestetic.com or through the specific URL of each promotion, or by any other means.

The additional requirements to be met by the members of the MESOESTETIC® Community for each event, raffle or specific promotion shall be expressly established at the time of registration or the corresponding application for participation. They must also expressly accept the terms and conditions of each event or promotion.

Likewise, MESOESTETIC reserves the right to distribute products among the members of the MESOESTETIC® Community, without the need to manage the delivery through promotions or contests.

 

5.- Responsibility

Members of the MESOESTETIC® Community undertake (i) to make proper and lawful use of the services, products and benefits offered by MESOESTETIC and the contents of this Website and not to use them for illegal activities, whether civil, administrative, criminal or any other; (ii) not to infringe the provisions of these terms and conditions, the legal notice and other sections of the MESOESTETIC website (iii) to comply with the instructions of MESOESTETIC and what it establishes in its communications with Members, and (iv) not to violate current legislation, especially regulations on intellectual and industrial property, data protection, rights to honour, personal and family privacy and self-image.

Members, with full indemnity for MESOESTETIC, shall be liable for any damages caused to MESOESTETIC and/or third parties arising directly or indirectly from their actions or omissions.

Likewise, by way of example only and in no way limiting or excluding, the members of the MESOESTETIC® Community undertake not to introduce, transmit or disseminate:

- Content of a racist, xenophobic, pornographic or terrorist nature, or content that violates human rights.

- Content that promotes criminal, denigrating, defamatory or violent acts or, in general, that is contrary to the law, morality, good customs and public order.

- Information or content that infringes fundamental rights and public freedoms recognised both constitutionally and in international treaties, or that is simply disturbing or anti-social, including flaming, spamming, flooding, trolling and griefing, as these terms are commonly understood and used on the Internet.

- Information to unauthorised third parties about usernames and passwords. In the event that the password is passed on to another user, the latter undertakes to inform MESOESTETIC immediately.

- Information or content that involves the violation of intellectual and industrial property rights (including, but not limited to, patents, trademarks and copyright) of any of the companies of the MESOESTETIC group or third parties.

- Unauthorised or unsolicited advertising, spam, chain emails, pyramid schemes, etc.

- Data programmes (viruses and malware -malicious software-) likely to cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.

 

6.- Participation in blogs/opinion forums

The contents corresponding to any of the blogs and/or opinion forums included within the MESOESTETIC® Community are published on the website itself.

MESOESTETIC is not responsible for the use that may be made of this information.

The editors of the blogs and/or opinion forums included in the MESOESTETIC® Community do not assume any responsibility for the content of the comments posted on the blog by users. They are comments written by readers under their sole responsibility. From MESOESTETIC, we ask all users to use the comments with the respect and education that they themselves wish to receive from others.

Comments and communications made voluntarily by users are not private personal data but public. They are linked to other users' comments. The managers of the blogs may keep this data in order to maintain the coherence of the information published and the submissions of all users.

 

7.- Seniors

Only adults may be members of the MESOESTETIC® Community.

8.- Exemption from liability

MESOESTETIC cannot control the use, by members and/or users, of the MESOESTETIC website, as well as its contents, and for this reason shall not be liable for damages of any nature that may arise from unlawful, incorrect, inappropriate or partial use, nor for any breach by the user of these conditions of access and use, as well as any other condition or instruction that may appear on this website, or in any other medium, with respect to any of its services, benefits, products, or others, without prejudice, in any case, to the legal actions that correspond to MESOESTETIC and/or third parties.

MESOESTETIC cannot guarantee the permanent availability and continuity of the operation of the Website.

Thus, MESOESTETIC shall not be liable for any damages of any kind that may arise from the lack of availability or continuity of the operation of the Website and the use that may be made of them by Members of the MESOESTETIC® Community and/or third parties. In any case, MESOESTETIC shall make every effort to maintain the continued availability of the Website.

Likewise, MESOESTETIC shall not be liable for any errors or security deficiencies that may occur due to the use, by the User, of a browser with an outdated or insecure version, as well as for the activation of password or identification code storage devices of the User registered in the browser, or for any damage, errors or inaccuracies that may result from misuse or malfunction.

The User accepts that the Website has been created and developed in good faith by MESOESTETIC with information from internal and external sources, and offers it in its current state to Users, even though it may include inaccuracies or errors. The User therefore exonerates MESOESTETIC from any liability in relation to the reliability, usefulness or false expectations that may be caused by the Website during browsing.

In the event that the User causes any damage or harm to third parties, the User shall be solely liable. Likewise, the User shall be liable, with full indemnity for MESOESTETIC, for the expenses, costs and, where appropriate, compensation that may arise from legal proceedings arising from breach of the provisions of these terms and conditions and the applicable regulations.

 

9.- Links to www.mesoestetic.com

It is strictly forbidden for the user to carry out alterations that may affect the content, such as, for example, links and the like.

Links to this website from web pages or other media that are contrary to law, morality or public order, or that violate the good name or image of any of the companies of the MESOESTETIC group or any of its distinctive signs, are also prohibited.

Links to any of the pages of this website that do not contravene the aforementioned prohibitions must be carried out in such a way that the user must be aware that they are accessing this website and, in addition, if applicable, the URL corresponding to the page to which they are linking must appear in their browser.

 

10.- Protection of personal data

In accordance with article 13 of the GDPR, the personal data of the members of the MESOESTETIC® Community will be processed in order to manage, in the broadest sense, its activities and to promote relations with users, as well as the rights and obligations arising therefrom.

The personal data processed by MESOESTETIC will be those provided by the User when completing the registration, and all those provided when participating in promotions, events, chats, etc. of the MESOESTETIC® Community.

Membership of the MESOSTETIC® Community implies, compulsorily and necessarily, the express consent of users for their personal data to be used by MESOSTETIC, in order to comply with the purposes referred to in the preceding paragraphs. This is without prejudice to the fact that, for certain services or activities, registration or deregistration is completely voluntary for the member of the community.

The personal data subject to processing will be those contained in the forms, which may be included in any of the following categories: identification data (name, surname, email, telephone, city and country of residence and postcode), data relating to personal characteristics (country of residence), data providing commercial information (company name), academic and professional data (level of studies, work experience, profession, type of professional) and financial data (bank details required to make an online purchase).

The legal basis for the processing is consent. Personal data is retained as long as it is not expressly revoked.

With regard to data that the member may provide us with from family members or any other third party, it is understood that the member has requested prior consent, and will be under the same protection and conditions as those established for the employee's data. The user guarantees the truthfulness of the data provided and undertakes to inform the company of any changes to such data so that the company may keep them updated at all times.

The member of the MESOESTETIC® Community consents to receive advertising of products and promotions once he/she registers in the form subject to these terms and conditions.

The interested party may exercise their rights of access, rectification, deletion, portability, limitation and opposition by writing to the data protection officer by email to [email protected] or by writing to Calle de la Tecnología, 25, 08840, Viladecans, Barcelona (Spain), in reference to "RGPD rights". If your rights are not met, you can go to the AEPD (Spanish Data Protection Agency) or the competent supervisory authority of the country of the interested party.

 

11.- Image rights

Users who participate in the activities of the MESOESTETIC® Community authorise MESOESTETIC so that their names, surnames, image and voice may be captured, reproduced and published through any medium, including the Internet, for the management of the activities themselves or new editions, as well as other promotions or advertising campaigns, or any other activity related to the services, events, advantages or promotions offered by MESOESTETIC, and without this authorisation conferring them the right to receive any type of remuneration.

 

12.- Intellectual and industrial property

All contents of this Website (including, but not limited to, databases, images, drawings, graphics, text files, maps, frames, banners, interface, software and its various source codes, audio and video), as well as the Website itself, are the property of MESOESTETIC or its content providers, which have been, in the latter case, licensed or assigned by them, and are protected by national and international intellectual and industrial property laws. The compilation (understood as the collection, design, arrangement and assembly) of all the content of the Website is the exclusive property of MESOESTETIC.

All software used in the use and development of the Website is the property of MESOESTETIC or its software suppliers, and is protected by national and international intellectual and industrial property laws.

It is forbidden for any user, without prior written authorisation from MESOESTETIC, the holders of the intellectual property rights or any other owner of the contents, including but not limited to, the following acts, both with respect to the website and its contents:

Any form of public communication, by any means, including making it available to the public, in such a way that any person may access it from the site and at the time of their choosing.

- Any form of distribution, including, but not limited to, sale, rental and/or lending.

- Any form of reproduction, direct or indirect, temporary or permanent, by any means and in any form, of all or part of the site or its contents.

- Any form of transformation, in whole or in part, including the creation of derivative products and/or services.

- Any other form of access that includes the above or other forms.

- Any form, direct or indirect, of extraction and/or re-utilisation of all or a substantial part of the contents of any database, and/or the repeated or systematic extraction and/or re-utilisation of its non-substantial parts.

However, the user may freely view the website and its contents and download them for personal and non-commercial use, without being able to make them available to third parties or entities, whether free of charge or for remuneration.

Consequently, the provision and use of the databases, images, drawings, graphics, text, audio and video files and software owned by MESOESTETIC or its suppliers that appear on the Website, and any other content, does not imply, in any case, the transfer of ownership or the granting of a right of use in favour of the user.

The trademarks, signs, distinctive signs or logos that appear on the website are owned by the companies of the MESOESTETIC group or have been licensed or assigned by their owner, and are duly registered or in the process of being registered. Unauthorised or improper use of these elements is an infringement of the industrial property rights of the MESOESTETIC group companies or other third-party owners.

Users, for their part, accept that, by simply participating in the activities of the MESOESTETIC® Community, they assign to MESOESTETIC, on an exclusive basis and with the right to transfer to third parties, all intellectual property rights to the works or protected services that may result from their participation in order to exploit them in any format, support and mode of use, including, among others, any graphic, audiovisual, sound, internet and any means of interactive availability, as well as merchandising, secondary and derivative exploitations, and the partial or total use of the works or performances. This assignment is free of charge, for all countries of the world and up to the maximum period of legal protection.  

 

13.- Force majeure

Force majeure is understood to be, by way of example and without limitation: (a) any event impossible to foresee or which, foreseen or foreseeable, is unavoidable; (b) errors in access to the various MESOESTETIC web pages; (c) lack of electricity or telephone supply; (d) damage caused by third parties or by attacks on the website server (viruses) that affect the quality of the services and that are not attributable either to MESOESTETIC or to the User; (e) errors in the transmission, dissemination, storage or delivery to third parties of the products and contents of the Website; f) problems or errors in the reception, procurement or access by such third parties; g) fires; h) floods or earthquakes; i) strikes or labour disputes or other social disturbances that prevent the supply of the Products and, therefore, the fulfilment of the obligations accepted by MESOESTETIC; j) shortage or unavailability of fuel or electric power; k) accidents; l) war; m) trade or other embargoes; n) blockade; o) riots; or p) any governmental regulation.

Administrative or managerial errors are not considered force majeure.

 

14.- Modifications of Terms and Conditions

MESOESTETIC reserves the right to exercise, at any time, the right to modify (including modifying, deleting and/or adding) any part of these terms and conditions.

Unless expressly decided otherwise, the modifications shall take effect from the moment they are published, but shall not affect the rights of users already recognised.

 

15.- Termination of Membership in the MESOESTETIC® Community

Members may request cancellation of their membership of the MESOESTETIC® Community by sending an e-mail to [email protected].

The exercise of the right to cancel personal data shall imply, in turn, the request to unsubscribe from the MESOESTETIC® Community.

MESOESTETIC may terminate the membership of any MESOESTETIC® Community user who does not comply with the terms and conditions in force from time to time.

Regardless of the foregoing, the User may always decide in which specific activity, service, event or promotion he or she wishes to participate.

 

16.- Applicable Law and Jurisdiction

These terms and conditions are interpreted and governed in accordance with Spanish law, unless the law of the consumer's country establishes a specific jurisdiction. 

 

For any litigious matter arising from the interpretation or fulfilment of these terms and conditions, the courts and tribunals that correspond in accordance with the legislation in force shall have jurisdiction.

 

 

© MESOESTETIC E-COMMERCE, S.L., 2021