Terms and conditions of use

CONDITIONS OF USE FOR OLUFSENKIDS.COM WEB SERVICES

These conditions between the CLIENT and IPANEMA CONSULTING SL (OLUFSENkids brand), regulate the CLIENT’s use of the olufsenkids.com website. If you click on the “I accept the conditions of use” box, you will accept the conditions of use for IPANEMA CONSULTING SL (OLUFSENkids brand).

GENERAL TERMS AND CONDITIONS

This document is used so that the IPANEMA CONSULTING SL company (OLUFSENkids brand) located in Spain, with address at Lizaria kalea, 19 – 5º, 20570 Bergara with CIF B75035469, constituted by public deed before the Notary Roberto Oliver Puértolas on November 22, 2010, informs of the General Conditions that regulate the products and services offered through the OLUFSENkids website.

CONCEPTS, CONDITIONS, APPLICABLE LAWS, AND PURPOSE

Concepts

PROVIDER: the service provider is IPANEMA CONSULTING SL (OLUFSENkids brand); it offers services for the preparation of non-payment reports on compliance or non-compliance with monetary obligations of individuals required by its clients. CLIENT: any person who contracts the services or products of IPANEMA CONSULTING SL (OLUFSENkids brand). In the conditions of use of IPANEMA CONSULTING SL services (OLUFSENkids brand), the concepts CLIENT and INTERESTED PARTY are used interchangeably depending on the context. SUBJECT: is any person for whom the INTERESTED PARTY has requested IPANEMA CONSULTING SL (OLUFSENkids brand) to prepare a report on compliance or non-compliance with monetary obligations, provided that they have given the consent specified in this contract. FINANCIAL STANDING REPORT (FROM NOW ON REPORT): it is an electronic document that collects the information obtained from the consultations made by IPANEMA CONSULTING SL (OLUFSENkids brand) with the authorization of the SUBJECT, and that once systematized, it is presented to the INTERESTED PARTY in a simple format suitable for decision-making. SERVICES: any service or product that IPANEMA CONSULTING SL (OLUFSENkids brand) can offer will be given this concept.

Conditions and Applicable Laws

Notwithstanding the provisions of these Conditions, IPANEMA CONSULTING SL (OLUFSENkids brand) may request the CLIENT to accept additional and complementary clauses and conditions for access to the SERVICES that the CLIENT wishes to access while browsing the different sites of the website. IPANEMA CONSULTING SL (OLUFSENkids brand) will keep the CLIENT informed about the SERVICES that we may offer at all times, either through the OLUFSENkids website or by any means provided by the CLIENT. These conditions are affected by the provisions of the General Data Protection Regulation (GDPR) (EU Regulation 2016/679), Law 34/2002 from July 11 on Information Society Services and Electronic Commerce, Law 26/1984 from July 19, General for the Defense of Consumers and Users, Law 7/1988 from April 13 on General Contracting Conditions, Law 7/1996 from January 15 for Retail Trade Regulation, and Royal Decree 1906/1999 from December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions. IPANEMA CONSULTING SL (OLUFSENkids brand) reserves the right to request the CLIENT to accept additional conditions or clauses in order to access some SERVICES that the CLIENT may desire while browsing the website, without this affecting the current conditions.

Purpose of These Conditions

The purpose of these Conditions, as well as that of the Additional Conditions that, if applicable, may be agreed upon, is to regulate the use and access of the OLUFSENkids website.

INTELLECTUAL PROPERTY

OLUFSENkids, the OLUFSENkids logo, and the other brands, logos, graphics, distinctive signs for OLUFSENkids, and all of its service and product providers are registered trademarks of IPANEMA CONSULTING SL or of their respective owners. The CLIENT does not have any license or right to use the aforementioned brands. The CLIENT understands that the services, graphics, images, logos, source code, and user interface used to provide services are the exclusive property of IPANEMA CONSULTING SL as they are part of its intellectual property and are protected by the provisions of Royal Legislative Decree 1/1996 from April 12 which approves the revised text of the Intellectual Property Law, according to the wording given by Law 5/1998 from March 6, with not only the data contained therein as the object of protection is, but also in terms of data collection/systematization, in the terms provided in article 133 and following of the current Intellectual Property Law.

CONTRACTS AND SERVICES

Any contract between CLIENT and IPANEMA CONSULTING SL (OLUFSENkids brand) will be valid if the CLIENT fills out the registration form, unequivocally accepts these Conditions, and clicks on the “I accept the conditions of use” box located in the service process. For the CLIENT to be able to access the SERVICES of IPANEMA CONSULTING SL (OLUFSENkids brand), contracts and/or operations must be entered by electronic means. CLIENTs must acknowledge that if they send information by electronic means, they accept all contracts and must pay the amounts specified in the contracts. Their acceptance and willingness to be bound by virtue of the information sent electronically will be applicable to all documents related to all the operations that the CLIENT performs on this website, including cancellation notifications, policies, contracts, and requests. To contract the products or SERVICES from IPANEMA CONSULTING SL (OLUFSENkids brand), the CLIENT must be of legal age (18 years or older) and/or be a duly accredited legal entity. If the CLIENT contracting the SERVICES of IPANEMA CONSULTING SL (brand OLUFSENkids) is a legal entity, regardless of its corporate form, it is obliged to assign a natural person to act on its behalf, in which case the CLIENT will always be responsible for the acts performed by the designated natural person, regardless of the type of authorization or powers of attorney that may exist between the two. On the other hand, the natural person who hires the SERVICES and products offered by IPANEMA CONSULTING SL (OLUFSENkids brand) will automatically be constituted for the purposes of this contract as a joint guarantor of the legal entity they represent, so that in accordance with article 1.822 of the Civil Code and subsequent articles, in relation to 1.113 and subsequent articles from the same Code, he will be responsible for all the obligations of this contract with the guarantee of his rights and assets. For the purposes of any type of contracting by the CLIENT of the SERVICES offered by IPANEMA CONSULTING SL, the CLIENT declares its agreement with the fact that it will not be necessary to confirm receipt of the acceptance of the contract when it has been exclusively concluded by means of e-mail exchange or other equivalent electronic communication in accordance with the provisions of article 28.3 b) of Law 34/2000 from July 11 on Information Society Services and Electronic Commerce, as well as the provisions of RD 1906/1999, without prejudice to the fact that IPANEMA CONSULTING SL (OLUFSENkids brand) may demand such confirmation when it deems it appropriate.

PAYMENT METHODS

When making a contract, the CLIENT is free to choose any of the SERVICES offered on the OLUFSENkids website. The choice of a specific service will oblige the CLIENT to read and accept the additional conditions that may be required to provide that service and which, in any case, will be attached to this contract. The final price that the CLIENT will pay includes the price of the SERVICES contracted according to the rates provided on the OLUFSENkids website, plus the corresponding VAT (at the rate in force on the day of purchase). IPANEMA CONSULTING SL (OLUFSENkids brand) always reserves the right to modify the price of any of its SERVICES at any time, such modification being applicable to the parties as soon as it is incorporated into the aforementioned Website. IPANEMA CONSULTING SL (OLUFSENkids brand) details the basic prices of the SERVICES offered on its website. IPANEMA CONSULTING SL (OLUFSENkids brand) accepts payment by bank transfer or through its website. Taxes or fees will be added to the prices of SERVICES when the contract is formalized which may be in force and must be legally applied. If the transaction is carried out exclusively online, the estimated average transaction time is one hour.

RESPONSIBILITY OF IPANEMA CONSULTING SL

IPANEMA CONSULTING SL (OLUFSENkids brand) provides its SERVICES with a reasonable degree of professionalism. IPANEMA CONSULTING SL (OLUFSENkids brand) cannot make any other promise or grant any other guarantee about its SERVICES and, in particular, does not guarantee that:

• The customer may use the SERVICES without any interruption or problem. IPANEMA CONSULTING SL (OLUFSENkids brand) reserves the right to stop the service for indefinite periods of time or cancel it at any time for maintenance or technical reasons; when this occurs, IPANEMA CONSULTING SL (OLUFSENkids brand), provided it has knowledge of the interruption, it will communicate the incidents to those who may be affected.
• During the service there will be no viruses, computer attacks, or other breaches or security problems, which will be considered force majeure, AND IPANEMA CONSULTING SL (OLUFSENkids brand) does not accept any responsibility derived from these facts.

On exceptional occasions, the financial standing files do not allow for the rectification of the entries. In these specific cases, IPANEMA CONSULTING SL (OLUFSENkids brand) is not responsible, since the procedure has been carried out in compliance with the procedure contemplated by the regulatory standard under which the files are protected (LOPD 15/99). In these exceptional cases, IPANEMA CONSULTING SL (OLUFSENkids brand) will not return any amount for the services already performed but will not invoice the final charge for the contracted service. What is set forth in these Conditions shall not exclude or limit the liability of IPANEMA CONSULTING SL (OLUFSENkids brand) for fraud or gross negligence on their part. However, IPANEMA CONSULTING SL (OLUFSENkids brand) will not be responsible for losses or damages caused by negligence, error, or delay on its behalf or that of its managers or employees when carrying out their tasks in order to offer services to CLIENTS. If the CLIENT fails to comply with these Conditions, they will be liable to IPANEMA CONSULTING SL (OLUFSENkids brand), its directors, employees, contractors, agents, counselors, and licensors with respect to any claims derived from said breach. Furthermore, the CLIENT will be liable for any action taken by IPANEMA CONSULTING SL (brand OLUFSENkids) in the context of investigating a possible breach of these Conditions or as a result of the determination or conclusion, by IPANEMA CONSULTING SL (brand OLUFSENkids), that a breach of these Conditions has occurred. IPANEMA CONSULTING SL (OLUFSENkids brand) is not responsible for any damages that may arise from the incorrect nature of the data provided by the databases. Consequently, IPANEMA CONSULTING SL (OLUFSENkids brand) does not guarantee the quality of the content of the REPORT, to the extent that its preparation depends exclusively on the quality of the data provided by the databases to which IPANEMA CONSULTING SL (OLUFSENkids brand) has access to at all times. IPANEMA CONSULTING SL (OLUFSENkids brand) informs of the possibility of using secure data authentication systems that allow for verifying the real identity of users to avoid possible unauthorized access or identity theft. IPANEMA CONSULTING SL (OLUFSENkids brand) reserves the right to report fraudulent identity theft attempts to the State Authorities and Security bodies when contracting its services. All false or fraudulent personal data provided by clients may be considered a crime of falsification of commercial documents. If IPANEMA CONSULTING SL (OLUFSENkids brand) performs any serious negligence and causes damages due to non-compliance, compensation may not exceed the amounts paid by the CLIENT affected for the contracted service that would have caused such damages. IPANEMA CONSULTING SL (OLUFSENkids brand) reserves the right to refuse the provision of services or the delivery of PRODUCTS to the CLIENT for commercial reasons, uses, and policies of business interest, and therefore also to charge the prices established at any time as compensation for them. The CLIENT may not object to payment to IPANEMA CONSULTING SL (OLUFSENkids brand) for purchases made by the personnel in charge or by any third party who have had access to codes, even if they have occurred outside of its guidelines or due to the lack of control or due diligence of their custody or failures in the security measures of its systems or any other cause beyond the control of IPANEMA CONSULTING SL.

MODIFICATIONS

IPANEMA CONSULTING SL (OLUFSENkids brand) always reserves the right to modify these Conditions and any other contract with the CLIENT for the provision of services of IPANEMA CONSULTING SL (OLUFSENkids brand), at any time, and to establish new conditions or terms in relation to the use of the SERVICES by the CLIENT. Such modifications, additional conditions, and terms must be properly informed to the CLIENT and, if they accept them, they will have an immediate effect and will become an integral part of this Contract. If the CLIENT does not accept such modifications, IPANEMA CONSULTING SL (OLUFSENkids brand) will have the right to terminate this Contract.

EARLY RESOLUTION AND DURATION

IPANEMA CONSULTING SL (OLUFSENkids brand) always may cancel this contract before the end of its duration, at any time, if the CLIENT fails to comply with any of the obligations set forth in these Conditions or if IPANEMA CONSULTING SL detects that such breach exists. Everything provided for in the billing section within these conditions will remain in force for the CLIENT at the end of the contract, without prejudice to the provisions of the previous paragraph.

INFORMATION PROVIDED

We make every effort to offer the information contained on the website in a truthful manner, free of typographical errors. In the event that at any time an error of this type occurs, at all times beyond our control, it will be immediately corrected. If there is a typographical error in any of the prices shown that is substantial and that implies a price significantly lower than the usual price of the product and a customer has made a purchase decision based on said error, we will communicate said error and the customer will have the right to rescind their purchase at no cost to them. Sending an automatic purchase confirmation does not validate the erroneous price conditions.

RESOLUTION OF DISPUTES

To resolve any legal dispute arising from the interpretation and/or compliance with these Conditions, the parties, renouncing any other general or special jurisdiction that may apply, submit to the Courts and Tribunals of Bergara (Spain), without prejudice to the jurisdiction that may correspond to the CLIENT to be considered as a consumer for the purposes of these General Conditions. According to the regulations on the defense and protection of Consumers and Users, we comply with them and inform you that IPANEMA CONSULTING SL (OLUFSENkids brand) must provide you with template sheets for complaints and claims as required. To request this, send a letter to IPANEMA CONSULTING SL, Lizaria kalea, 19 – 5º, 20570 Bergara (Spain)