Legal Notice with Data Protection
In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 and Law 34/2002, of July 11, on Services of the Information Society and electronic commerce , we inform you that the ownership of the domain of our Website https://hugobonsai.com/ corresponds to GRUPO EMPRESARIAL MASERGON SL (hereinafter, HUGO BONSAI); identified with CIF No. B88299243, and registered in the Mercantile Registry of Madrid, Volume 38824, Folio 36, Page M-690146, Inscription 1, with registered office at Calle Olivos, 43 (28971 – Griñón) in Madrid.
Responsible for Treatment: GRUPO EMPRESARIAL MASERGON SL
Address: Calle Olivos, 43 (28971 – Griñón) in Madrid
HUGO BONSAI welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your browsing through it, in in accordance with the provisions of the applicable regulations. Since HUGO BONSAI could modify these General Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.
With the aim that the use of the Website conforms to criteria of transparency, clarity and simplicity, HUGO BONSAI informs the User that any suggestion, doubt or query regarding the General Conditions of Use will be received and resolved by contacting HUGO BONSAI through the phone. 6188.8.131.52 or at the email address: firstname.lastname@example.org
The user guarantees that he is over 18 years of age, and will be entirely responsible for this declaration and for the access and correct use of the website subject to these Conditions.
HUGO BONSAI supplies the content and services that are available on the Website (https://hugobonsai.com/), subject to this Legal Notice and the Policies contained therein. Access to this Website or its use in any way grants you the qualification of "user" and implies the unreserved acceptance of each and every one of the clauses of this Legal Notice, reserving HUGO BONSAI the right to modify them at any time. Consequently, it will be the responsibility of all users to read it carefully each time they access this Website, so if they do not agree with any of the provisions herein, they must refrain from using it.
Likewise, the user is warned that, on occasions, particular conditions may be established for the use of specific content and/or services on the Website, the use of said content or services will imply acceptance of the particular conditions specified therein.
The User agrees to use the website in accordance with the provisions of this legal notice. In no case will HUGO BONSAI be responsible for any damages that the user may cause due to erroneous or improper use in relations with third parties, being the sole and exclusive responsibility of the User of the WEB.
The user will assume all expenses, costs and compensation that may arise from processes initiated against him for breach of the provisions of this legal notice.
The WEB contains general information about the activities carried out and services offered by HUGO BONSAI.
The user of the WEB agrees not to use it or its contents in a manner contrary to the provisions of current legislation that is applicable.
Through this Website, https://hugobonsai.com/ offers the following services to the public (hereinafter, the services):
⮚ Obtain information about the activity of HUGO BONSAI and the services provided by it, as well as request advice.
⮚ Request technical advice on the products and services provided by HUGO BONSAI and on topics of interest to customers or users.
⮚ Contact HUGO BONSAI to make inquiries, suggestions or request quotes, through the contact form (https://hugobonsai.com/contacto/)
⮚ Stay informed about the HUGO BONSAI BLOG.
⮚ Sending commercial information about the services offered by HUGO BONSAI.
3. PRIVACY AND DATA PROCESSING
When for access to certain content or services on this Website it is necessary for the User to provide or enter personal data, the company will request their express consent in order to be able to process or use them, in accordance with the regulations. legal data protection. In this sense, users will guarantee the veracity, accuracy, authenticity and validity of the personal data provided.
In those cases in which a user freely decides to contact another website linked through this Website, they will do so at their own risk, and HUGO BONSAI does not assume any responsibilities derived from the relationship that arises between the User and the owner of the site. linked website.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
Likewise, the user acknowledges and accepts that all the content displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial use and / or commercial are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and / or any other elements inserted in the page, which are the exclusive property of HUGO BONSAI and/or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User agrees not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding HUGO BONSAI harmless.
of any claim arising from the breach of such obligations.
In no case does access to the Website imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use do not grant the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by HUGO BONSAI or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any existing intellectual creation on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as rights of author by the legislation on Intellectual Property. HUGO BONSAI is the owner of the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics
and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any means, unless prior authorization is obtained, by writing, of the aforementioned entity.
It is prohibited to delete, evade and/or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case HUGO BONSAI the exercise of any means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS OF THE USER OF THE WEBSITE
The access and/or use of the Page attributes the condition of USER, requiring your express acceptance of each and every one of the clauses indicated in this Legal Notice, as well as each of the warnings or specific clauses that are established. for the contracting of certain services, participation in commercial actions, events or use of areas of the Page. Simply browsing our website gives you the status of USER and does not oblige you to accept any conditions.
In case of not accepting the clauses established in this Legal Notice or the specific clauses of application, the User must refrain from accessing and/or using the services and/or content made available on the Page, proceeding to abandon it.
The user undertakes, in general, to comply with the conditions contained in this Legal Notice, to comply with its special warnings or instructions for use (as well as those contained in the website) and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence and refraining from using the Website in any way that may prevent, damage or deteriorate its normal operation, the assets or rights of HUGO BONSAI, its suppliers, the other users or in general any third party.
The access and use of the portal to minors is prohibited without the express consent of the parents or guardians. The User specifically undertakes to:
a) Make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the applicable legislation at all times, (ii) the General Conditions of Use of the Website, (iii) the morality and generally accepted good customs and (iv) public order.
b) Provide all the means and technical requirements that are necessary to access the Website. c) Provide truthful information by filling in the forms contained on the Website and in the online store with their personal data and keeping them updated at all times so that they respond, at all times, to the actual situation of the User. The User will be solely responsible for the false or inaccurate statements made and the damages caused to HUGO BONSAI or third-party providers, due to the information provided.
Likewise, the User must refrain from:
a) Make unauthorized or fraudulent use of the Website and / or the contents for illegal purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of services or documents, files and all kinds of content stored on any computer.
b) Access or try to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.
c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) Introduce or spread computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of HUGO BONSAI, its suppliers or third parties. e) Attempting to access, use and/or manipulate the data of HUGO BONSAI, third-party providers and other Users. f) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless the authorization of the owner of the corresponding rights is obtained or it is legally permitted.
g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of HUGO BONSAI or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted in the content.
h) Obtain or try to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the websites where the contents are located or, in general , of those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
In particular, and merely indicative and not exhaustive, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and / or image files, photographs, recordings, software and, in general, any kind of material that:
✔ In any way, be contrary, belittle or violate the fundamental rights and public liberties recognized constitutionally, in International Treaties and in the rest of the current legislation. ✔ Induce, incite or promote criminal, denigrating, defamatory, violent or, in general, actions contrary to the law, morality, generally accepted good customs or public order.
✔ Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
✔ Disseminate content or propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or an attack on human rights.
✔ Include, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or order public.
✔ Induce or could induce an unacceptable state of anxiety or fear.
✔ Induce or incite to get involved in practices that are dangerous, risky or harmful to health and mental balance. ✔ It is protected by the legislation on intellectual or industrial property belonging to HUGO BONSAI or to third parties without the intended use having been authorized.
✔ Is contrary to honor, personal and family privacy or people's own image.
✔ Constitute any type of non-consensual advertising.
✔ Include any type of virus or program that prevents the normal functioning of the Website.
If a password is provided to access some of the services and/or contents of the Website, the User undertakes to use it diligently, keeping it secret at all times. Consequently, he will be responsible for its proper custody and confidentiality, agreeing not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and / or content by outsiders. Likewise, it is obliged to notify HUGO BONSAI
any event that may involve improper use of your password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as you do not make the above notification, HUGO BONSAI will be exempt from any liability that may arise from the improper use of your password, being your responsibility any illegal use of the contents and/or services of the Website by any illegitimate third party.
The use of postal addresses, telephone or fax numbers and email addresses published on this Site for marketing purposes is prohibited. HUGO BONSAI reserves the right to take appropriate legal action against those who send unwanted spam messages.
If you negligently or intentionally fail to comply with any of the obligations established in this Legal Notice, you will be liable for all damages that may arise from said breach for HUGO BONSAI.
The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the HUGO BONSAI Website, as well as any of its contents, unless expressly authorized in writing by HUGO BONSAI.
The Website includes links to other websites managed by third parties, accordingly, HUGO BONSAI is not responsible for the content of said websites, nor is it in a position of guarantor or/or party offering the services and/or information that can be offered through said websites. Therefore, any claim related to the services provided through the linked websites must be addressed to the owners of said websites.
The User is granted a limited, revocable and non-exclusive right to create links to the Home Page of the Website exclusively for private and non-commercial use. The websites that include a link to our Website (i) may not imply that HUGO BONSAI recommends that website or its services or products; (ii) they may not misrepresent their relationship with HUGO BONSAI or affirm that HUGO BONSAI has authorized such a link, nor include brands, denominations, trade names, logos or other distinctive signs of HUGO BONSAI; (iii) may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the address of the Website itself, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Website. HUGO BONSAI may request, at any time, to remove any link to the Website, after which it must proceed immediately to remove it. HUGO BONSAI cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, HUGO BONSAI does not assume any type of responsibility for any aspect related to such websites.
HUGO BONSAI does not guarantee continuous access, nor the correct viewing, downloading or use of the elements and information contained in the HUGO BONSAI pages that may be prevented, hindered or interrupted by factors or circumstances beyond its control.
HUGO BONSAI excludes any liability for damages of any nature eventually arising from:
∙ The interruption of the operation or the lack of availability of access to the Website.
∙ The privacy and security in the use of the Website by the User, and/or the non-consensual access of unauthorized third parties.
HUGO BONSAI may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered therein are contrary to these General Conditions of Use. HUGO BONSAI will not is responsible for damages, losses, losses, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the content that may generate such damage, provided that it is notified.
Especially not liable for damages that may arise, among others:
– Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of HUGO BONSAI
– Illegitimate interference through the use of malicious or harmful programs in the contents of any kind and through any means of communication, such as computer viruses or any other.
– Improper abuse or inappropriate use of the Website.
– Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it.
– The non-availability, maintenance and operation of the Website or its services or contents; – Any use of the contents by users, and especially illegal, negligent, fraudulent or contrary to these general conditions, good faith, generally accepted uses and public order; – The illegality, lack of quality, reliability, usefulness and availability of the services provided by third parties and made available or advertised on the website;
– The breach by third parties of their obligations or commitments in relation to the services provided to users through the website.
HUGO BONSAI excludes any responsibility for damages of any kind that could be due to the misuse of the services freely available and used by the Users of the Website.
SPAM, or any fraud or abuse on our website is absolutely prohibited. This type of attitude is punishable by law and the owners of the Website will refer this type of abuse to the corresponding authorities. Likewise, HUGO BONSAI is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation and doubt services.
On the other hand, in case of causing damages due to an illegal or incorrect use of said services, the User may be claimed by HUGO BONSAI for the damages or losses caused.
You will defend, indemnify and hold HUGO BONSAI harmless against any damages arising from claims, actions or demands from third parties as a result of your access to or use of the Website. Likewise, you agree to indemnify HUGO BONSAI against any damages that may arise from the use by you of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or of any other action on your part that imposes an unreasonable burden on the operation of the Website.
On this website, the user may find links that will lead him to web pages independent of HUGO BONSAI. Its sole purpose is to facilitate and encourage access to other sources of information on the Internet. This linkage is made without any kind of profit. HUGO BONSAI is not responsible for the contents that are accessed by virtue of the aforementioned links, nor for the modifications that are carried out in them, nor for the use that is made of them, nor for their technical availability.
The User undertakes not to reproduce in any way, not even through a hyperlink or hyperlink, the HUGO BONSAI Website, as well as any of its contents, unless expressly authorized in writing by HUGO BONSAI.
The User is granted a limited, revocable and non-exclusive right to create links to the Home Page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website:
⮚ They may not imply that HUGO BONSAI recommends that website or its services or products; ⮚ They may not misrepresent their relationship with HUGO BONSAI or affirm that HUGO BONSAI has authorized such a link, nor include brands, denominations, trade names, logos or other distinctive signs of HUGO BONSAI;
⮚ They may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal;
⮚ They may not link to any page of the Website other than the Home Page;
⮚ You must link to the address of the Website itself, without allowing the website that makes the link to reproduce the Website as part of its website or within one of its "frames" or create a "browser" on any of the pages of the Website.
HUGO BONSAI may request, at any time, to remove any link to the Website, after which it must proceed immediately to remove it. HUGO BONSAI cannot control the information, content, products or services provided by other websites that have established links to the Website.
Consequently, HUGO BONSAI will in no case assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other Internet sites.
9 DATA PROTECTION
Data Collection Forms
Access to and consultation of certain information contained on the Website is conditional on prior completion of the corresponding form.
All information provided by the User through the Portal forms or by any other means must be truthful and accurate, so the User guarantees the authenticity of all the data provided and will keep the information perfectly updated so that it responds in all time to the actual situation. In any case, the User will be solely responsible for any false or inaccurate statements made and for all the damages that this may cause.
HUGO BONSAI may make use of data storage and retrieval devices in recipients' terminal equipment (hereinafter, Cookies), prior acceptance by the Users of the Website.
Cookies are files sent to a browser by means of a Web server to record the User's browsing on the Website, when the User allows their reception. The Cookies used by the Website, or the third party acting on its behalf, are only associated with an anonymous user and their computer, and do not provide the user's personal data by themselves. Likewise, through Cookies, HUGO BONSAI will be able to recognize you as a frequent User and personalize your use of the Website by pre-selecting your language, or more desired or specific content.
All users can delete Cookies, for which they must consult the instructions for use of their browser.
Thanks to cookies, it is possible for HUGO BONSAI to recognize the browser of the computer used by the User in order to provide content and offer browsing or advertising preferences that the User, to the demographic profiles of the Users, as well as to measure the visits and traffic parameters, control the progress and number of entries.
The user can configure his browser to accept, or not, the cookies he receives or so that the browser notifies him when a server wants to save a cookie or delete them from his computer. You can find the instructions in the security settings in your web browser.
∙ Tools -> Internet Options -> Privacy -> Settings.
∙ For more information, you can consult Microsoft support or the browser's Help.
∙ Tools -> Options -> Privacy -> History -> Custom Settings.
∙ For more information, you can consult Mozilla support or the browser's Help.
∙ Settings -> Show advanced options -> Privacy -> Content settings.
∙ For more information, you can consult Google support or the browser's Help.
∙ Preferences -> Security.
∙ For more information, you can consult Apple support or the browser's Help.
You can use the "Help" section that you will find in the toolbar of most browsers to change the settings of your computer, however, some of the features of our online services may not work or may be more difficult to access if you reject all cookies.
Many browsers allow you to activate a private mode by which cookies are always deleted after your visit. Depending on each browser, this private mode can have different names, below you can find a list of the most common browsers and the different names of this "private mode":
⮚ Internet Explorer 8 and higher: InPrivate
⮚ FireFox 3.5 and higher: Private Browsing
⮚ Google Chrome 10 and above: Incognito
⮚ Safari 2 and above: Private Browsing
⮚ Opera 10.5 and higher: Private Browsing
Please read the help section of your browser carefully to learn more about how to activate the “private mode”.
You will be able to continue visiting our Page, even if your browser is in "private mode", however, the user experience may not be optimal and some utilities may not work.
HUGO BONSAI may modify this Cookies Policy based on legislative or regulatory requirements, or with the purpose of adapting said policy to the instructions issued by the Spanish Agency for Data Protection.
For this reason, Users are advised to periodically visit this Page to find out about the changes suffered in it. HUGO BONSAI thanks you for activating the acceptance of cookies, this helps us obtain more precise data that allows us to improve the content and design of our Website to adapt it to your preferences.
11. DURATION AND TERMINATION
The personal data provided by the user for the provision of a service will be kept for the duration of the commercial relationship or for the years necessary to comply with legal obligations.
The data provided by the user in forms or requests for services will be kept for a period of two years from and from the last confirmation of interest made by the User.
However, HUGO BONSAI may terminate or suspend any of the services provided through the Website. Whenever possible, HUGO BONSAI will announce the termination or suspension of the provision of the determined service.
12. FORCE MAJEURE
HUGO BONSAI will not be responsible if there is an impossibility to provide the service, if this is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general. all cases of force majeure or fortuitous event.
13. SECURITY MEASURES
HUGO BONSAI adopts the appropriate technical and organizational measures to guarantee the security of personal data or information sent through the forms enabled on the Website and to prevent its alteration, loss, treatment or unauthorized access, taking into account the state of the technology, the nature of the data and the risks to which they are exposed.
Communication via regular email is not secure. For sending confidential information to HUGO BONSAI, a secure transmission medium such as encrypted email is recommended. In any case, the Website has an SSL Certificate (Secure Socket Layer), in order to guarantee the security of data transmission between your browser and our Website.
The secure server establishes a connection so that the information is transmitted encrypted, which ensures that it is only intelligible to the user's device and that of the Website. In this way, using the SSL protocol guarantees:
∙ That the user is communicating his data to the server center of the Page and not to any other. ∙ That between the user and the Page the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
To verify that it is in a secure environment, the Customer must check that the Verification Page address begins with https://
You can also identify the Page as secure when a lock icon appears in the address bar of your browser.
Finally, you can also verify the presence of the SSL certificate by checking the properties of the Page in your browser, for which you must consult its characteristics.
The personal data communicated by the user to HUGO BONSAI may be stored in automated databases or not, whose ownership corresponds exclusively to HUGO BONSAI, assuming all technical, organizational and security measures that guarantee confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current regulations on data protection.
The communication between the users and HUGO BONSAI uses a secure channel, and the data transmitted is encrypted thanks to https protocols, therefore, we guarantee the best security conditions so that the confidentiality of the users is guaranteed.
14. DISPUTE RESOLUTION, APPLICABLE LAW AND JURISDICTION
These General Conditions of Use, as well as the obligations arising from the conclusion of the contract electronically, the use of the Website, when the parties do not submit to the Consumer Arbitration System, in the event that any conflict or discrepancy in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those established by the applicable legal regulations in matters of competent jurisdiction, in which it is served, in the case of final consumers , to the place of fulfillment of the obligation or to the domicile of the purchasing party.
In the event that the purchasing party acts on behalf of a legal entity, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of the Province of Madrid.
HUGO BONSAI will pursue the breach of these conditions, as well as any improper use of its portal, exercising the civil, administrative or criminal actions that correspond to it, according to its right.
In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null as a whole. In such cases, HUGO BONSAI will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.