Legal Notice
Purpose and acceptance
This legal notice regulates the use of the website https://www.claraduran.com, hereinafter, the website, owned by Clara Durán González, hereinafter, the PROVIDER.
The PROVIDER of the website makes this document available to users in order to comply with the obligations set out in Article 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, as well as to inform all users about the conditions of use of the website.
Browsing the PROVIDER’s website confers the status of user, who is aware of the terms and conditions of use and each of the provisions included in this Legal Notice, which may be subject to change.
This website has been created by the PROVIDER for informational purposes and for the personal use of users. This legal notice is intended to regulate access to and use of this website, as well as the relationship between the website and its users.
By accessing this website, you accept the following terms and conditions:
a) Access to this website is the sole responsibility of users.
b) Simply accessing this website does not imply any kind of commercial relationship between the PROVIDER and the user.
c) By accessing and browsing this website, the user accepts the terms and conditions of use.
d) The PROVIDER may offer services that may be subject to specific conditions which, depending on the case, may replace, complete and/or modify these conditions, and about which the user will be informed in each specific case.
e) The user undertakes to make proper use of the website in accordance with the law, good faith, public order, customary practices and this Legal Notice. The user shall be liable to the PROVIDER or to third parties for any damages that may be caused as a result of a breach of this obligation.
About
The following services are offered under the domain claraduran.com and the subdomain shop.claraduran.com:
- Provider: Clara Durán González
- Tax ID: 51115936T
- Address: Calle Princesa 31, 2nd Floor, Apt. 2 – 28008 Madrid (Spain)
- SpainTelephone: +34 911 484 397
- Email: hola@claraduran.com | shop@claraduran.com
All notifications and communications between users and the PROVIDER shall be considered effective, for all purposes, when made by post or any other means detailed above.
Content
The main purpose of this website is to provide users with clear, accurate and detailed information about the products and services marketed by the PROVIDER. The available offer includes original works of art, as well as personalised painting, photography and reproduction (print) services, all of which are accessible through the online shop.
Personalised services include, among others, commissioned portraits, print-on-demand items and digital adaptations of works, all produced in line with the customer’s specifications. As such, their purchase is subject to specific conditions, including delivery timelines, usage rights and possible restrictions on modifications or returns. These specific conditions are set out in the corresponding General Terms and Conditions.
The information published on this website is for informational and general purposes only and does not constitute professional advice or establish any contractual relationship, except in cases expressly indicated.
Access to the website
Access to the website is free of charge, except for the connection costs charged by the user’s chosen telecommunications provider, who is aware of the terms and conditions of use of the service.
In general, prior registration by the user is not required to access the information content of the website.
However, some of the services offered on the website require prior registration by the user by completing the corresponding electronic registration forms established for this purpose on the website and accepting the terms and conditions of use established by the PROVIDER for this purpose.
Access codes or similar
If any service on the website includes access codes or user names, the User shall choose and indicate their own access codes (user name, log, password, or similar), and may not choose words, expressions or graphic-denominative combinations that are offensive, insulting, coincide with trademarks, trade names, shop signs, company names, advertising expressions, names and pseudonyms of public figures or celebrities for whose use they are not authorised and, in general, contrary to the law or the requirements of morality and generally accepted good customs.
The username is assigned automatically once the User has made their selection. In the event that these requested passwords are reserved, the User must enter new access passwords.
The user undertakes to make diligent use of the access codes, not to make them available to third parties, and to notify the PROVIDER of the loss or theft of the access codes and any possible access to them by a third party.
Minors
With regard to minors browsing the website, users are advised that the PROVIDER cannot control, apart from other circumstances, whether minors under the age of 14 use the website and its services, except for emancipated minors.
Therefore, the PROVIDER assumes no responsibility in this regard, and it is hereby stated that parents and guardians are solely responsible for supervising and assisting minors under the age of 14, except for emancipated minors, when browsing this website and for enabling any other necessary mechanisms that, where appropriate, prevent access by minors under the age of 14, except for emancipated minors, to the website and/or its services, and the PROVIDER will not accept any claims in this regard.
In the event that some of our services are specifically aimed at minors under the age of 14, except for emancipated minors, the PROVIDER will request the consent of parents or guardians for the collection of personal data or, where appropriate, for the automated processing of data.
Rules for using the website
The user undertakes to use the website and all its content and services in accordance with the law, morality, public order and these general conditions.
The PROVIDER may interrupt access to its website at any time if it detects use that is contrary to the law, good faith or these general conditions.
Likewise, the user expressly undertakes and agrees to make appropriate use of the content and services of the website and not to use them for:
a) Disseminating content that is criminal, violent, pornographic, racist, xenophobic, offensive, supportive of terrorism or, in general, contrary to the law or public order.
b) Carrying out illegal or criminal activities that violate the rights of third parties and/or infringe intellectual and industrial property regulations or any other applicable legal regulations.
c) Introducing computer viruses into the network or performing actions that may alter, damage, interrupt or generate errors or damage to the electronic documents, data or physical and logical systems of the PROVIDER or third parties; as well as hindering the access of other users to the website and its services through the massive consumption of the computer resources through which the PROVIDER provides its services.
d) Attempting to access the email accounts of other users or restricted areas of the website and, where appropriate, extracting information.
e) Impersonating another user, public administrations or a third party.
f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the content, unless authorised by the owner of the corresponding rights or it is legally permitted.
g) Collecting data for advertising purposes and sending advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
Intellectual and industrial property
This website, including, but not limited to, its programming, design, compilation, logos, texts, images, graphics, as well as the original artistic works offered and the painting and printing services, are the property of the PROVIDER or the PROVIDER has the necessary rights, licences or authorisations from their legitimate owners.
In particular, the works of art and visual creations published on the website are the property of the PROVIDER, unless expressly stated otherwise, and are protected by current intellectual property legislation. Any reproduction, distribution, transformation or public communication of these works without the express written consent of the PROVIDER is strictly prohibited.
All the contents of the site are duly protected by national and international legislation on intellectual and industrial property. The unauthorised use of any element of the website, including the works and services offered, will be considered a serious infringement of the PROVIDER’s rights and may give rise to the corresponding legal actions.
The designs, logos, texts, graphics or other content that may appear on the website and that are owned by third parties belong to their respective owners, who are responsible for any possible controversy arising from their use. The PROVIDER acknowledges the corresponding intellectual and industrial property rights in favour of their owners, and their mere appearance on the site does not imply the existence of any rights or responsibility whatsoever over them, nor does it imply any endorsement, sponsorship or recommendation by the PROVIDER.
External links
The establishment of a hyperlink does not imply in any case the existence of a relationship between the PROVIDER and the owner of the website on which it is established, nor the acceptance and approval by the PROVIDER of its contents or services.
Any individuals, companies or entities that intend to establish a hyperlink must first request authorisation in writing from the PROVIDER. In any case, the hyperlink will only allow access to the home page of the websites, and must refrain from making false, inaccurate or incorrect statements or indications about the PROVIDER, or include content that is illegal, contrary to good customs and public order.
The PROVIDER is not responsible for the use that each user makes of the information made available on the website or for the actions they take based on it.
The PROVIDER assumes no responsibility for the information contained in third-party websites that can be accessed via links from any website owned by the PROVIDER, such as. The presence of links on the PROVIDER’s website is for informational purposes only and in no case constitutes a suggestion, invitation or recommendation regarding them.
Sending of commercial communications
In compliance with the provisions of the second final provision of Law 9/2014, of 9 May, on Telecommunications, which modifies Law 34/2002, of 11 July, on information society services and electronic commerce, commercial communications sent by electronic means must be clearly identifiable as such, and the natural or legal person on whose behalf they are made must also be clearly identifiable, without prejudice to the provisions of the regulations issued by the Autonomous Communities with exclusive powers over consumer affairs.
The user who provides their contact details to the PROVIDER by clicking on the “SEND” button on the electronic forms for collecting personal data on the website and ticks the two boxes for obtaining consent, “I accept the processing of my data for the purposes indicated in the basic data protection information” and “I give my consent to receive commercial communications about your products and/or services”, expressly authorises and gives their free and unequivocal consent to the PROVIDER to process their personal data for the purpose of sending them commercial communications about their products and/or services by email, SMS/MMS, WhatsApp, Telegram or other equivalent electronic means of communication.
The legal basis that legitimises this processing is the consent of the data subject, which may be revoked at any time.
In compliance with the provisions of Articles 21 and 22 of Law 34/2002, of 11 July, on information society services and electronic commerce, users may object to the processing of their data for promotional purposes and revoke their consent to receive commercial communications via email by simply notifying the PROVIDER of their wish to do so through a simple and free procedure, consisting of sending an email to hola@claraduran.com, indicating “UNSUBSCRIBE” or “DO NOT SEND” in the subject line of the message.
Protection of personal data
The personal data provided through this website will be processed in accordance with REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, hereinafter LOPDGDD 3/2018.
For more information, please see our Privacy Policy and Cookies Policy.
Use of cookies
The PROVIDER’s website uses its own and third-party cookies for technical, analytical and personalisation purposes, with the aim of improving the user experience and offering content tailored to their interests.
When accessing the website, an informative banner about the use of cookies is displayed, allowing the user to accept, reject or configure their use in a granular manner. The use of non-exempt cookies is subject to the prior and informed consent of the user, in accordance with the provisions of the GDPR (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation) and Law 34/2002 of 11 July on information society services and electronic commerce.
For more information about the cookies used, their configuration, revocation of consent or how to disable them, please see our Cookies Policy.
Disclaimer
Access to the website does not imply any obligation on the part of the PROVIDER to guarantee the absence of viruses, malicious elements or other harmful computer components. It is the user’s responsibility to have the appropriate tools for detecting and protecting against such threats. The PROVIDER is not responsible for any damage that may occur to the computer systems of users or third parties during the use of the website or its services.
Nor is it liable for damages resulting from interruptions, errors, disconnections or failures in telecommunications networks that may affect access to or the unavailability of the website, or for any consequences caused by force majeure, natural disasters, strikes or other circumstances beyond its control.
The PROVIDER does not guarantee uninterrupted operation of the website but undertakes to restore service as quickly as possible in the event of an incident.
The site has been reviewed and tested to ensure its correct functioning, in principle, 365 days a year and 24 hours a day, without prejudice to the possibility of occasional programming errors or other unforeseen situations. Likewise, the PROVIDER reserves the right to modify, update, delete or reorganise the content, services and presentation elements of the website without prior notice, and is not responsible for information published by third parties.
In accordance with Articles 11 and 16 of Law 34/2002, of 11 July, on information society services and electronic commerce, the PROVIDER is available to users, authorities and security forces to actively collaborate in the removal or blocking of content that may violate current regulations, the rights of third parties or public order.
Procedure in the event of illegal activities
In the event that any user or third party considers that there are facts or circumstances that reveal the illegal nature of the use of any content and/or the performance of any activity on the web pages included or accessible through the website, they must send a notification to the PROVIDER, duly identifying themselves, specifying the alleged infringements and expressly declaring under their responsibility that the information provided in the notification is accurate.
Applicable legislation and jurisdiction
Spanish law shall govern any dispute or matter arising from this website or the activities carried out through it. The parties expressly submit to the jurisdiction of the Courts and Tribunals of Madrid (Spain), except in cases where the user is a consumer, in which case the Courts and Tribunals of the consumer’s place of residence shall be competent in accordance with the applicable regulations.
If any clause included in these conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null and void or ineffective, with the rest of these conditions remaining in force and such provision being considered totally or partially excluded.
Similarly, these conditions are subject to any other provision, regulation or law that may be directly or indirectly applicable.
