Private Policy

1. Ownership.

The website http://www.niceballs.es is owned by GIRO CREATIVO S.L. with CIF: B-53541157, placed in 15, Ciudad León de Nicaragua Avenue, Alicante, 03015 and registered in the Mercantile Registry of Alicante’s city, general volume 2411, sheet 218, page number A-63287, first entry 04/10/2001.

2. Purpose.

GIRO CREATIVO S.L. makes the present document available with the aim of fulfilling the obligations of the Act 34/2002 regarding Services of the Information Society and E-commerce and informing users about the Terms of Use of the Website, which can be found on the link “Terms of use”.

Every person who access this Website commits to the acknowledgement and fulfilment of the content of this present text, as well as other legal and commercial notices that GIRO CREATIVO S.L. makes available on different links on the Website. GIRO CREATIVO S.L. reserves the right of modifying the Website’s information, with no obligation to prior notice to the users, understanding their publication on this Website as adequate and sufficient.

 
​3. Website use.

Customers commit to make use of this website with the purpose of making questions or placing legally valid orders only, and to not place any false or fraudulent order. Otherwise, we will be authorised to cancel the order and inform relevant authorities.

Users must not make any prohibited use of this website, and this involves, among other actions, pre-meditated introduction of viruses, Trojan horses or any other technological, harmful material.

We will not take responsibility for any damage or loss that may affect your computer as a consequence of the previously mentioned actions, the use of this website nor the download of this website’s content or the ones to which the website redirects.

Links to other websites.

Our website may contain links to other websites, social networks and third-parties’ materials. These links are provided for informational purposes only and GIRO CREATIVO S.L. does not have any control over the content of these websites or materials. Consequently, GIRO CREATIVO S.L. will not take any responsibility for the damages or losses derived from the use of these links or third-parties’ materials.

Intellectual and industrial property.

The Website http://niceballs.es and the trademark NICEBALLS belong to GIRO CREATIVO S.L. and consequently, its use without our prior express and written authorization is completely prohibited. The rights of intellectual and industrial property regarding the content of the Website (including designs, texts, pictures, typographies, graphics, icons, photographs and other audio-visual content, as well as sui generis database rights), its graphic design (look&feel), distinctive signs (brands and trademarks), as well as the different elements that integrate the Website, belong to GIRO CREATIVO S.L. and only GIRO CREATIVO S.L. has the right of usage and exploitation, and to that effect these works are protected by current applicable industrial and intellectual property laws, both national and international legislations.

The use of this Website does not suppose in any case the cession to the user of industrial and/or intellectual property of the aforesaid, neither the content and / or the distinctive signs. To this end, through the present Legal Notice, and with exception to possible assumptions in which it is legally permitted, it is expressly prohibited to the user the reproduction, transformation, distribution, public communication, making available, extraction and/or reuse of the content of the website, neither totally nor partially.

It is completely prohibited to copy and modify, totally or partially, the designs, texts, pictures, typographies, graphics, icons, brands and other visual elements. In this sense, the content of the Website cannot be used or reproduced, either totally or partially in any application or website. It cannot be printed in any physical product nor copied, reproduced, modified, used or distributed with commercial purposes. Likewise, it is expressly prohibited the reproduction neither totally nor partially of this Website through any hyperlink without prior express and written authorization by GIRO CREATIVO S.L.

GIRO CREATIVO reserves the right to take the appropriate civil or penal actions against the users that infringe their rights of industrial and intellectual property.

Data protection.

GIRO CREATIVO S.L. complies with the guidelines of the Constitutional Act 15/1999, dated 13th of December, on the Protection of Personal Data (henceforth LOPD) and its development regulations. The fact of visiting this Website does not imply that the user will be obliged to facilitate any personal information. In case that the user may provide any personal information, that data will be collected and used with the purpose and in the form of, and according to the limitations and rights stated on the LOPD.

We inform that, according to LOPD, the personal data in this form will be included in the files owned by GIRO CREATIVO S.L. with the purpose of directing information requests, suggestions and customer’s claims for its management and resolution. Customers can exercise their rights to access, rectification, opposition and cancellation addressing by post mail or email at: GIRO CREATIVO, 15, Ciudad León de Nicaragua Avenue, Alicante, 03015 or niceballs@imaginarte.com

The purpose of the data collection will be specified in each form, including the user registration, sending of commercial information of future campaigns, products and/or services by post mail or electronic channels, including SMS, as well as the conducting of surveys. Users who facilitate their personal information, consent incontestably to the inclusion of their data in a file of which GIRO CREATIVO S.L. takes responsibility, and to the fact that this data will be processed by electronic or other means.

GIRO CREATIVO S.L. has adopted the necessary technical and organizational measures to ensure the security and integrity of the data, as well as to avoid their alteration, loss, treatment or not authorised access. Users whose data are subjected to processing can exercise, freely of charge, their rights to opposition, access and information, rectification, cancellation of their data as well as withdrawal of authorization without retroactive effect in the terms specified in the LOPD, in compliance with the legally established procedure.

These rights can be exercised writing at niceballs@imaginarte.com. At the time of collecting the data, the voluntary or mandatory character of the collection will be provided.

GIRO CREATIVO S.L. will be allowed to facilitate nominal data to their trade partners. Therefore, users may receive commercial offers from third-parties. In this respect, it is specified that, except express rejection on the user’s part, GIRO CREATIVO can facilitate their data to their trade partners. Nevertheless, regarding email address, GIRO CREATIVO S.L.  can use or facilitate it to their trade partners only if they have express authorization by the user.  Naturally, customers will be allowed at any time to cancel that authorization, informing their rejection by email at niceballs@imaginarte.com

To make and monitor purchases or other customer services that may be implemented in the future, the user must register their personal data. At the time of placing an order, personal data and addresses as well as completed or current transactions are included in our files, and are only used to process and monitor the order.

If the express consent is given, and if it is not withdrawn, personal data will be also used to send information about offers and services that customers may find interesting.  The data of the user registration (change of address, telephone number, etc) can be modified at any moment through the email niceballs@imaginarte.com

 

Cookies Policy

Access to this Website may imply the use of cookies.

Cookies are small pieces of information stored in the browser used by each user so that the server can record specific information, readable and usable only for the server that placed it. Cookies have usually limited duration. No cookies in this website allows access to users’ telephone numbers or email addresses or any other information.  No cookies in this website can extract information from the hard disk or steal personal information.  Users’ private information will only be facilitated to cookie files if the user gives personally this information to the server.

The set of cookies helps to improve the quality of our website, allowing us to monitor which websites are interesting, or not, to our users. Cookies are essential for the functioning of Internet. They provide countless advantages to the provision of interactive on-demand services, facilitating the navigation and usage of the website. In any case, users can make cookies unable at the setting section of their internet browser or they can establish certain policies that activate a private mode by which cookies are always removed after every visit.

4. Responsibility.

GIRO CREATIVO S.L. does not take responsibility for the delays on the delivery of the orders, or the impossibility of dispatching them when the cause is a force majeure circumstance, and therefore, out of our control. Among other causes, we understand that there exists force majeure in the following cases, but without limitation: accidents; strikes; riots; terrorist threats or attack; fire or explosion; weather conditions or natural disasters such as storm, flood, earthquake, subsidence, epidemic; external problems to us regarding transport or telecommunication systems. As far as possible, once the cause of the impossibility of delay is solved, GIRO CREATIVO S.L. will do everything possible to get back to its commercial activities and comply with its obligations and shipments.

5. Commercial communications.

By enforcement of Article 20 and the following ones of the Act 34/20002, dated 11th of July, on Information Society and E-commerce services, GIRO CREATIVO S.L. sends commercial communications. In any case, the user can request not to be sent commercial information through customer service channels writing an email at niceballs@imaginarte.com

 

6. Governing law and jurisdiction.

The present terms and conditions are governed and interpreted in accordance with the Spanish legislation.  If there is any discrepancy or complaint between the parts regarding the enforcement or content of the present Terms, the parts agree to submit the decision of the issue to the Courts and Tribunal of the city of Alicante.