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Welcome to our website https://adama-alma.com/ (“Site”).
ADAMÁ-ALMA, S.L. (hereinafter: “ADAMÁ-ALMA”, “we”, “our”, “us”) is a company registered in Barcelona, Spain, with a corporate address: Avda de Roma, 35, entlo 2ª, 08029, Barcelona, Spain and registration number: B66865015, which manages the Site (defined below) and all the services provided therein (“Services”). These Terms and Conditions (“Terms”) govern your access to ADAMÁ-ALMA’s Site and your use of it. You will have to agree to them before you use our Site. This agreement contains crucial information regarding your rights, obligations, conditions, limitations and exclusions that might apply to you.
These Terms apply to all users of the ADAMÁ-ALMA Site (together “you”, “your”, “Users”, “Consumers”) unless stated otherwise.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES. BY USING OUR SITE OR ACCESSING OR USING OUR SERVICES IN ANY OTHER WAY, YOU CONFIRM THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. WE ARE ONLY WILLING TO MAKE OUR SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR ANY PROVISION HEREIN, YOU MAY NOT ACCESS OR USE OUR SITE AND THE SERVICES WE PROVIDE ON IT.
By using our Site, you affirm that you are of legal age (according to your country's legislation) to enter into these Terms. If you are using our Services on behalf of an organization or company, you affirm that you have the legal authority to bind them to these Terms.
You may not use our Site if you: do not agree to these Terms; are not of legal age (according to your country's legislation) to enter into these Terms; or are prohibited from accessing or using our Site by applicable law.
ADAMÁ-ALMA is a company and an international brand that designs and manufactures home décor items such as vinyl rugs, tableware items, wall art and other products (“Products”) and enables Users to purchase these Products on the Site.
To use our Site you should first install a web browser (Google Chrome, Mozilla etc.).
You are responsible for providing all the necessary equipment and software to connect to our Services. Any potential fees (e.g. internet connection fees) that you sustain when accessing our Services are solely your responsibility.
Anyone can browse and purchase Products on our Site without registering for an account.
ADAMÁ-ALMA reserves the right to change, modify or discontinue its Site or any part of it with or without notice. ADAMÁ-ALMA will not be liable to you or to any third party for the consequences that might arise for you from this.
By using this Site or any of our Services you hereby confirm that you are of the sufficient legal age, legally competent to enter into and to contractually abide by the terms, conditions, representations and warranties set forth in these Terms.
We will not be held liable or responsible for any Users using the Site or the Services unlawfully. In any doubt you shall cease the use of the Site and the Services immediately and check the relevant applicable laws. Therefore eligibility is voided where prohibited by law.
If you choose so, you may receive promotional communications from us via email and/or SMS, e.g. special offers, surveys and other information we believe might interest you. You have the possibility to opt out of such emails at any time by following the instructions regarding the unsubscription provided therein.
You agree that the notices, agreements and other electronic communications we send to you will meet any legal requirements regarding communications, including for example, that such communications are to be in writing. We encourage you to either save an electronic copy or print a paper copy of electronic communications you receive from us in order to maintain copies of our electronic communications.
You should also apply caution when reviewing text messages and emails purporting to originate from us, as SMS and emails are also vulnerable to phishing, spoofing and additional viruses.
The security of your data is important to us, but no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security and we do not take any liability in case of security breaches.
You can purchase our Products from us on our SIte. We reserve the right to modify the types, prices and numbers of our Products on offer.
Any payments or financial transactions that you engage in on our Site will be conducted solely through the third-party Shopify platform which enables the payment with most common credit cards (e.g. Mastercard, Visa), PayPal, Apple Pay, Shopify Pay, Google Pay and other payment methods. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. However, under certain conditions described in our Returns and Cancellations Policy (made available on the Site at www.adama-alma.com/pages/return-policy (“Returns and Cancellations Policy”) we give refunds for purchases that you might make on our Site.
We have no liability to you or to any third party for any claims or damages that you may sustain as a result of any payments or transactions that you engage in on our Site.
Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) imposed by any governmental authority associated with their purchase of our Products.
ADAMÁ-ALMA is the sole owner of all rights of intellectual and industrial property of its Site. The Site, including and without limitation but not limited to programming, editing, compilation and other elements necessary for its operation, structures and designs, logos, text, images, combinations of colors, choice of materials used, sound, audio, video, software, graphics, brands and distinctive signs are the property of the ADAMÁ-ALMA.
According to Articles 8 and 32.1, second paragraph, of the Spanish Law of Intellectual Property, there is an express prohibition on reproduction, distribution and public communication of all or part of the contents of this Site for commercial purposes. A User may not copy, download, modify, publish, distribute, transmit or transfer portions or any part of the content without obtaining first the express written permission of ADAMÁ-ALMA.
As a User you may download, print and store selected portions of the content, but only for your own personal and non-commercial use. You are prohibited from copying or pasting the content on any computer network. You are also not allowed to broadcast the content in any media and/or in any form or format and you are not permitted to modify or alter the content in any way, or delete or change any copyright.
The User shall not remove, alter, evade, or manipulate any protection device or security system that has been installed on the Site.
When Users purchase our Product in accordance with these Terms, they become the sole owner of it.
You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are responsible for your own conduct, while accessing or using our Site. You are also responsible for any consequences that might follow from that. You also agree that you will use the Site in accordance with these Terms and any applicable laws or regulations.
You warrant and agree that you will not amongst other:
You can suspend or terminate these Terms at any time if you stop accessing and using our Site.
We reserve the right to terminate these Terms and suspend or terminate your access to our Services without prior notice under any provision of these Terms. In this case you must stop accessing our Services immediately. We will not be liable to you or to any third party for such action.
Upon any termination of these Terms you may no longer have access to your information on our Site. We may delete such information and files and prevent you from accessing them.
You agree that ADAMÁ-ALMA will not be liable to you or any third party for any termination of your access to our Site.
We may, in our sole discretion, take appropriate legal action due to your breach of these Terms or any potentially fraudulent, abusive or illegal activity. These Terms will remain enforceable against you while your access to our Services is suspended and after it is terminated. Except for the access to our Services and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.
We have the right to cooperate with any law enforcement authorities or court order that requires us to disclose information of anyone using our Site.
Our Users may report to us the content that appears on our Site for which they think violates these Terms. We reserve the right to remove such content. We may also take additional action to enforce these Terms.
If you believe that your content has been copied in a way that it establishes copyright infringement, please report this to us via email firstname.lastname@example.org.
You agree that we are free to use any suggestions, comments, or other feedback (“Feedback”) that you might give us regarding our Site without additional compensation to you. It is also in our discretion to disclose such Feedback to third parties either on a non-confidential or confidential basis.
The ADAMÁ-ALMA name, trademarks, logos, and any other ADAMÁ-ALMA Product, service name, or slogan included in the Services are property of ADAMÁ-ALMA and may not be copied, imitated, or used (in whole or in part) without our prior written consent. The look and feel of the Services and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or proprietary artwork of ADAMÁ-ALMA and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services ("Third-Party Trademarks") are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by ADAMÁ-ALMA and its licensors with such company or an endorsement or approval by such company or its licensors or their respective products or services.
ADAMÁ-ALMA is always trying to innovate and expand the Site to provide the best possible experience for you. Therefore you may see changes without prior warning. Flexibility is needed so we can make changes, impose or change limits where and when necessary, and sometimes terminate features to wholly improve our Site or the Services we provide on it.
We reserve the right to change, end, or stop providing the ADAMÁ-ALMA Site or its Services at any time, with or without prior notice. We may also add new features. Some updates may not be publicly announced and are done to improve the system stability, add new features etc. We are not liable for any situation where we modify, suspend, or discontinue a part of or the entire Site or the Services it provides.
Our Site does not contain any third party content. We reserve, however, the right to attach links to third party websites and applications (“Third Party Websites and Applications”). When you click on such a link you are subject to the terms and conditions (including privacy policies) of those websites. We shall not warn you that you left our Site when you do that. Third Party Websites and Applications are not under our control and we are not responsible for them. The mentioned links are provided only as a convenience and you use all links in Third Party Websites and Applications at your own risk. When you leave our Site, our Terms and policies no longer apply. We encourage you to read the terms and conditions, privacy policies as well as other policies of these Third Party Websites and Applications before proceeding with any transactions.
We at ADAMÁ-ALMA try to do our best to give you the best experience on our Site. However, there are some things we cannot assure.
BY AGREEING TO OUR TERMS YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SITE IS AT YOUR SOLE RISK, AND THAT THE SITE AND ALL THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND CANNOT BE HELD RESPONSIBLE OR LIABLE IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON OR ACCESSIBLE THROUGH OUR SITE. WE ARE NOT RESPONSIBLE FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. WE ARE ALSO NOT RESPONSIBLE FOR ANY HARM THAT MIGHT RESULT FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH OUR SITE.
WE WILL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS THE RESULT OF YOUR USE OF THE THIRD-PARTY PAYMENT SERVICES PROVIDERS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR (e.g. FORGOTTEN PASSWORDS); (II) SERVER FAILURE OR DATA LOSS; OR (III) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, SUCH AS THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST OUR SITE OR THE THIRD-PARTY PAYMENT SERVICES PROVIDERS’ SITE.
THE LEGISLATION OF SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CONTRACTS WITH CONSUMERS, THEREFORE SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION YOU OBTAIN FROM US OR ON OUR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ADAMÁ-ALMA DOES NOT GUARANTEE THAT: THE SITE WILL BE IN ACCORDANCE WITH YOUR REQUIREMENTS; THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THE RESULTS THAT YOU MAY OBTAIN BY USING OUR SITE WILL BE ACCURATE OR RELIABLE; OR THE QUALITY OF ANYTHING YOU PURCHASE OR OBTAIN ON OUR SITE WILL MEET YOUR EXPECTATIONS.
You agree to hold harmless and indemnify, individually or collectively, ADAMÁ-ALMA as well as our officers, agents, employees, advertisers, licensors, suppliers or partners (the “ADAMÁ-ALMA Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misconduct or infraction of any rights of another, such as intellectual property rights or privacy rights, or your violation of the law. You agree that we will have control of the defense or settlement of any such Claims. By agreeing to our Terms you also acknowledge to promptly notify ADAMÁ-ALMA Parties of any third-party Claims, cooperate with ADAMÁ-ALMA Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims, including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements.
YOUR USE OF THE SITE, OUR SERVICES, AND THE INTERNET IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ADAMÁ-ALMA IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, INCLUDING ANY LOSS OF PROFITS (SUSTAINED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE OUR SITE AVAILABLE AND THAT THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU.
LEGISLATION OF SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS ON IMPLIED GUARANTEES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO ALL OF OUR USERS. DEPENDING ON THE LEGISLATION, SOME OF THEM MAY HAVE ADDITIONAL RIGHTS.
ADAMÁ-ALMA shall not be liable or responsible to you for not performing any act or fulfilling any duty or obligation connected to these Terms, when and to the extent that such action is caused by any occurrence that is not within its control. These force majeure events (“Force Majeure”) include any provision of any present or future government law, regulation, order or action; any act of God; war invasion, hostilities, terrorism, riots and other civil unrest; natural disasters, such as flood, fire, earthquake, tsunami or explosion as well as any epidemics or pandemics; the unavailability, disruption or malfunction of the internet, telecommunication breakdown, shortage of adequate power or electricity; strikes, labour stoppages or other industrial disturbances; any consensus attack, or hack, or denial-of-service or other attack on the foregoing on the other software, networks and infrastructure that enables us to provide our Site and Services.
In case of Force Majeure we shall use reasonable efforts consistent with accepted practice to notify you right away of such an event and try to resume performance as soon as reasonably possible under the circumstances. We will also try to minimize the effects of such Force Majeure events.
We try to do our best to provide you with a high standard of our Services, therefore, we strive to resolve any complaints and disputes that might arise between you and ADAMÁ-ALMA as quickly and easily as possible. In case of a complaint or dispute, please take a look at our Returns Policy on the link above or contact us at email@example.com.
You agree that any and all legal disputes or claims that have emerged or may emerge between you and ADAMÁ-ALMA, arising out of or relating to this Terms, the Site, any advertising, any aspect of the relationship or transactions between us, shall first be resolved by contacting the other party directly in the attempt to reach an amicable resolution. The Company shall contact you using the information you provided, and you shall contact the Company according to the information provided on the Site.
You and the Company agree that any and all controversies and claims that cannot be resolved amicably will submitted to the exclusive jurisdiction of the competent courts located in Barcelona, Spain and shall be governed by the laws of Spain without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.
Both you and ADAMÁ-ALMA agree to keep confidential all matters relating to the dispute, including related court proceedings, if any, to the greatest extent practicable. For purposes of this Article, references to you and ADAMÁ-ALMA also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns.
YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST ADAMÁ-ALMA ON AN INDIVIDUAL BASIS AND WILL NOT PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, INCLUDING, BUT NOT LIMITED TO, CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
In accordance with the California Civil Code Section 1789.3 California resident Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
ADAMÁ-ALMA reserves the right to change the existing Terms in the future with or without a prior notice to you. You will be able to see the date of the latest update at the top of this page. Any changes to these Terms will be in effect as of that date. The continued access and use of our Site is a confirmation that you accept the revised Terms. For this reason we encourage you to regularly read our Terms to keep yourself updated. If you do not agree to the revised Terms, you may not access or use our Site.
If you have any further questions regarding the use of our Services or our Site, please email us at firstname.lastname@example.org.