This Legal Notice governs the use of this website, created by MISS SUNSET SL (“BOMBAY SUNSET”), C.I.F.: B88493358.
The fact of accessing this website implies knowledge of, and acceptance of, the following terms and conditions, and attributes to the user of the portal the condition of user; access to it implies their acceptance without reservation. If the user does not accept the clauses established in this Legal Notice, they must refrain from accessing and/or using the services and/or contents made available on this page, proceeding to leave it.
This document regulates the use of the Website of the Internet which you have just accessed, which “the provider” makes available to Internet users, content exclusively intended for people over 18 years of age.
The use of the Website gives the status of User and implies full and unconditional acceptance of each and every one of the provisions included in both this Legal Notice and in the General or Particular Terms of Use, which are in force at the time the User accesses it; therefore, if the User does not agree with any of the conditions set out here, they should not use/access this Website.
1. OWNERSHIP OF THE WEBSITE
The domain name https://www.bombaysunset.com is registered in favour of MISS SUNSET SL (“BOMBAY SUNSET”), based in Madrid, Pasaje Anchuelo, 2D, 28030.
The phone number for Customer Service is (34) 674823613 and the general email mailbox is info@bombaysunset.com
2. TERMS AND CONDITIONS
The contents and services included and offered on this website are not directed at people resident in those jurisdictions where they are not authorised. Only those pages included in the website map are covered by this website. The user accesses this website voluntarily. Access and navigation on this website implies acceptance and knowledge of the legal notices, conditions and terms of use contained therein. Mere access does not imply the establishment of any type of commercial relationship between MISS SUNSET SL (“BOMBAY SUNSET”), and the user of the portal.
The Legal Notice and/or the Service Conditions of MISS SUNSET SL (“BOMBAY SUNSET”) established for the services provided through this website may undergo modifications of any type, when MISS SUNSET SL (“BOMBAY SUNSET”) deems it appropriate or for the purpose of adapting to future legislative and technological changes. These modifications will be duly notified, and will be valid from their publication on this website, unless otherwise stated. Accordingly, the user must carefully read this Legal Notice on each occasion on which they propose to use the Portal, as it may be subject to changes.
3. PURPOSE OF THE WEBSITE
The website of MISS SUNSET SL (“BOMBAY SUNSET”), has the objective of presenting its products and offers certain services to users, subject to the terms and conditions indicated on this website; the user must carefully read the conditions that apply to each service, which under no circumstances—unless expressly stated to the contrary—will exempt compliance with what is set out in the Legal Notice and in the General Terms and Conditions for Online Trade.
4. CONTENTS
MISS SUNSET SL (“BOMBAY SUNSET”), (hereinafter “the company”), makes every effort to avoid errors in the contents published on the website. All the contents offered through the website of which the company is the owner or responsible party are up to date, reserving for the company the right to modify them at any time. The company is not responsible for the consequences that may arise from errors in the contents that may appear in these websites provided or published.
Likewise, the inclusion and communication of false or inaccurate contents by users is prohibited, as well as contents that induce or may induce other users or staff of the companyto error, in particular those contents that are protected by any intellectual or industrial property rights, belonging to third parties, when they do not have the authorisation of the rights holder, undermine or damage the company’s reputation or credibility, or are considered a case of unlawful, deceptive or unfair advertising.
The company does not guarantee the truthfulness, accuracy, completeness and timeliness of the Contents. The company excludes, to the fullest extent permitted by law, any liability for damages and losses of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the contents.
The company is fully compliant with Law 34/2002 of 11 July on information society services and e-commerce (LSSI-CE).
The company reserves the right to modify at any time these General Terms of Use of the website, as well as any other General or Particular Regulations of Use, Instructions or notices that apply. Likewise, the company reserves the right to suspend, interrupt or stop operating the website at any time. Consequently, the user must carefully read and examine this document in its entirety on each occasion on which they intend to use or access the website, as it may be subject to changes. All natural or legal persons resident or domiciled in other countries of the European Union or outside the European Union must ensure that access and use of the website and/or its contents are permitted in accordance with their own legislation.
In any case, access and use of the website by a User who does not meet the requirement of residence in Spain will be understood to be carried out under their sole responsibility, exempting the company from any liability to the extent permitted by applicable legislation.
By accessing this website and/or its contents, you expressly accept that you are of legal age (minimum 16 years in Spain), releasing the company from any liability in this regard.
Likewise, some paid services are provided for the different types of ad placement or visibility; where applicable, the applicable conditions for the paid services and the corresponding payment methods will be detailed.
These General Terms are intended to regulate the conditions for using and accessing the website in which they are found, which will be subject to the terms and conditions expressly set out at any given time and accessible from this page.
5. LIMITATION OF LIABILITY
Liability
Any person who accesses this website assumes the role of user, committing to strict compliance with and observance of the provisions set out herein, as well as any other legal provision that may apply.
The company is exempt from any type of liability arising from the information published on its website and from the lack of availability (outages) of the site, which will also carry out periodic stops for technical maintenance. In addition, the company reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users of such obligations, it being understood that publication on the provider’s website is sufficient notice.
The company, does not guarantee the absence of viruses or other elements that could cause damage to computer systems, electronic documents or user files on this website; therefore, it is not responsible for any harm that may arise from these causes.
The company is not responsible for any misuse of this website by you.
This Legal Notice applies only to the information collected through the company’s website.
The company has no obligation to monitor and does not monitor the use that Users make of the Portal and the Contents. In particular, the company does not guarantee that Users will use the Portal and the Contents in accordance with this Legal Notice, nor that they will do so in a diligent and prudent manner. The company also has no obligation to verify and does not verify the identity of Users, nor the veracity, validity, completeness and/or authenticity of the data that Users provide about themselves.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
This website and the contents it hosts are protected by the current legislation on intellectual property.
The modification, copying, reproduction, downloading, transmission, distribution or transformation of the Portal’s contents is prohibited, unless authorisation has been obtained from the holder of the corresponding rights or it is legally permitted. Access to the website does not, in any case, entail acquisition by users of property rights; the company includes in it the prohibition on their use without the consent of the company.
At no time, unless expressly stated, does access or use of the Portal and/or its contents confer any right to the user regarding the trademarks, logos, and/or distinctive signs included therein and protected by law.
The User agrees to use the contents made available to Users on the Portal, meaning by these—without this list being limiting—texts, photographs, graphics, images, icons, technology, and any other audiovisual or sound contents if any, as well as its graphic design and source codes (hereinafter, the «Contents»), in accordance with the law, this Legal Notice, and other notices, regulations of use and instructions brought to their attention, as well as the generally accepted moral standards and good conduct and public order, and, in particular, agrees to refrain from:
a) reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the Contents, unless authorisation from the holder of the corresponding rights has been obtained or this is legally permitted.
b) removing, manipulating or in any way altering the «copyright» and other identification data of the reservation of rights of the company or of its rights holders, of the digital fingerprints or of any other technical means established for its recognition.
The User must refrain from obtaining and even from attempting to obtain the Contents using means or procedures other than those made available for this purpose, or indicated for this purpose, on the web pages where the Contents are found or, in general, those habitually used on the Internet for this purpose, provided they do not entail a risk of damage or rendering the Portal, Services and/or Contents unusable.
7. NAVIGATION AND SECURITY
The company, makes every effort to ensure that browsing through this website is carried out under the best conditions. For optimal display of this website, it would be advisable to have an updated version of your browser, and for correct viewing a resolution of Responsive devices is recommended.
The company, does not guarantee, nor is it responsible, that access to this website is uninterrupted or free from error. Under no circumstances will the company be responsible for any harm of any kind arising from access to and use of this website.
The use of the services offered on this website by minors must have been previously authorised by their parents, guardians or legal representatives, as they are considered responsible for the acts carried out by the minors under their care.
This website may contain technical devices for linking to external pages on which the company is in no case responsible, either for the content or for any other aspect related to those pages or their access.
8. PRIVACY POLICY AND DATA PROTECTION
In accordance with the provisions of the Organic Law 15/1999 on Personal Data Protection of Personal Nature, the company wishes to inform website users of the following:
- The personal data provided to the company by using the website services will be incorporated into files under its ownership in order to provide you with the requested services and/or the required information.
- The company informs that the files are registered with the Spanish Data Protection Agency (A.E.P.D.) and that it has the necessary technical and organisational measures to guarantee the security of the personal data contained in the files, to prevent alteration, loss, processing or unauthorised access, taking into account the state of technology, the nature of the data and the risks to which they are exposed.
Through this notice, the company informs website users, in compliance with Article 5 of the Organic Law 15/1999, dated 13 December 1999, on Protection of Personal Data (hereinafter LOPD) and GDPR, about its personal data protection policy, for the purpose of allowing them to decide expressly, freely and voluntarily whether they wish to provide to “the provider” the personal data requested on the website for proper use and operation of the web (or email messages), and which are collected through a third party (hosting company) that provides its services to “the provider”. Users are also informed about the inclusion of the personal data that you voluntarily provide and are indicated below or any other that you provide and are not described, in a file that is duly registered in the General Register of Data Protection, and whose holder and responsible party is the company, carrying out automated data processing in accordance with the purposes specified and the other provisions established in this privacy policy, to which you give our express and unequivocal consent. Our servers are located in Spain. Therefore, by providing us with your personal data, you consent to their transfer and subsequent processing on our servers. We collect and store in files the following personal data:
- User’s email address.
- If provided voluntarily, images, videos, etc… telephone or other attachments to the submission.
- Other data related to computer registration, such as the IP address.
Data collection and intended uses. Personal data may be collected through the completion of various forms, such as publication forms, forms for registration, contact or suggestions forms, or through emails sent directly; such data will be used to manage your request and provide support services and useful information. Data is provided voluntarily; however, refusing to provide this data may result in the non-provision of services or any of the operations established in this portal. The purpose of collection is therefore the proper management of the relationship between the portal owner and the user and the use of the portal. We may also send you information of interest via email. The file of other data, such as the user’s IP address, has purposes such as monitoring proper site use, standard web log information (visit record), approximate geolocation to prevent scams, and the purpose of preventing improper and fraudulent use by portal users by allowing collaboration with the competent authorities if requested. Access to our sites may involve the use of cookies or other similar systems to improve portal management. Depending on the most commonly used browsers, you have the option not to accept or delete cookies if you wish, although in this case it will not be possible to ensure the correct functioning of certain portal features. Effective transmission of data takes place when the user sends us an email, or by filling in and sending one of the forms on the web. The data requested are appropriate, relevant and not excessive in relation to the scope, the specific, explicit and legitimate purposes and services of the provider. The user must complete the forms with true, accurate, complete and up-to-date data, being responsible for damages and losses that could be caused as a result of defective completion of the form with false, inaccurate, incomplete or not up-to-date data.
- You are guaranteed the right to exercise access, rectification, cancellation and objection regarding your personal data by communicating in writing to the address of the company located at: Pasaje Anchuelo 1, 2D, 28030 Madrid or via email:info@bombaysunset.com
- The user will be solely responsible for the truthfulness of the data provided to the company and guarantees obtaining third-party consent in the cases provided for in the Legal Notice of the website and in this Privacy Policy.
- Navigation through the page leaves a trace of the date and time of the last visit, content design selected by the user during their first visit to our page, security elements involved in access control to restricted areas, the IP address assigned by their internet service provider and the domain name from which they accessed the page. This data will only be used for the purpose of compiling statistical data for the page.
Anti-spam policy
The company declares itself completely against sending unsolicited commercial communications and any type of conduct or statement known as “spam”; it is also committed to fighting this type of abusive practice.
Therefore, the provider guarantees that under no circumstances the personal data collected on the website will be provided, shared, transferred or sold to any third party.
Consent to the processing of the user’s personal data
As part of its activities,https://www.bombaysunset.com has the possibility of registering users to send email communications, to make comments on the blog and to send messages through the contact form.
By subscribing to the blog, making comments or using the contact form, the user will be giving their express consent to the processing of the personal data provided as set out in the article 6 of the LOPD. The user may exercise their rights under the terms set out by the article 5 of the LOPD.
These same acts also imply the user’s express consent to the international transfer of data that occurs under the terms of the LOPD due to the physical location of the above-mentioned providers’ facilities.
The personal data requested in these activities will be included in a file the purpose of which is to communicate news related to the website https://www.bombaysunset.com acting as the file controller the provider. The fields marked with an asterisk are mandatory; it will not be possible to carry out the stated purpose if these data are not provided. You are also informed of the possibility of exercising the rights indicated in the section on the user’s Rights.
9.- EUROPEAN DATA PROTECTION REGULATION.
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RESPONSIBLE PARTY |
MISS SUNSET SL (“BOMBAY SUNSET”). Address: Pasaje Anchuelo 1, 2D Postal Code: 28.030 Phone: 674823613 Email: info@bombaysunset.com Web: https://bombaysunset.com/
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PURPOSE |
In MISS SUNSET SL (“BOMBAY SUNSET”) we process the information provided to us by interested individuals for the purpose of Managing Customer, Supplier or Employee information. These data will be retained until deletion is requested or while the contract remains in force. |
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LEGAL BASIS |
Obtain the consent of the interested party. |
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RECIPIENTS |
The data that MISS SUNSET SL (“BOMBAY SUNSET”) communicates to other people will be for internal administrative purposes, including the processing of personal data of Customers and Employees. No data will be transferred to third parties, except where required by law. |
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RIGHTS |
The interested party has the right to Access, Rectify inaccurate data and Delete when the data are no longer necessary, as well as other rights, as explained in the additional information. The interested party may also request the limitation of the processing of their data; in this case, we will only keep them for the purpose of exercising or defending claims. They may also object to the processing of their data in certain circumstances and for reasons related to their particular situation.
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ADDITIONAL INFORMATION |
You can consult the additional and detailed information about Data Protection on our website:
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10. APPLICABLE LEGISLATION AND COMPETENT COURTS
The terms and conditions governing this web site, as well as the relationships that may arise, are protected and subject to Spanish legislation. For the resolution of any kind of dispute, litigation or disagreement that may arise between the user and the company due to the use of this website, it is agreed that the matter will be submitted to mediation, if applicable, to arbitration and/or to the Courts and Tribunals of Madrid, Spain.