INFORMATION SOCIETY SERVICES ACT (LSSI)
Daniel Benítez Durán, the person responsible for this website, hereinafter the OPERATOR, makes this document available to users to comply with the obligations established by Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), and to inform all website users of the conditions of use.
Anyone accessing this website assumes the role of user and undertakes to observe and strictly comply with these provisions and any other applicable legal provisions.
Daniel Benítez Durán reserves the right to amend any information appearing on the website without any obligation to give users advance notice or inform them individually; publication on the La Esencia de la Flor website shall be sufficient.
Legal name: Daniel Benítez Durán
Trading name: La Esencia de la Flor
Tax identification number (CIF): 49190439V
Address: Ctra. El Puerto, camino cortijillo, 5
Email: info@laesenciadelaflor.com
Through this website, we offer users access to information about our services.
Where access to certain content or services requires personal data, users guarantee that the data provided is truthful, accurate, authentic and current. The business will process such data automatically as appropriate to its nature and purpose, under the terms set out in the Privacy Policy.
Users acknowledge and accept that all website content, particularly designs, texts, images, logos, icons, buttons, software, trading names, trademarks and any other signs capable of industrial or commercial use, is subject to intellectual property rights. All trademarks, trading names, distinctive signs and industrial and intellectual property rights in the content and other elements included on the website belong exclusively to the business or third parties, who hold the exclusive right to use them commercially. Users therefore undertake not to reproduce, copy, distribute, make available, publicly communicate, transform or modify such content, and to indemnify the business against claims arising from a breach of these obligations. Access to the website does not imply any waiver, transfer, licence or assignment, in whole or in part, of these rights, unless expressly stated otherwise. These General Conditions of Use grant users no rights to use, alter, exploit, reproduce, distribute or publicly communicate the website or its content beyond those expressly provided here. Any other use or exploitation of rights requires prior express authorisation specifically granted by the business or the third-party rights holder.
The content, texts, photographs, designs, logos, images, computer programs, source code and, generally, all intellectual creations on this website, as well as the website as a whole as a multimedia artistic work, are protected by copyright under intellectual property law. The business owns the elements comprising the website’s graphic design, menus, navigation buttons, HTML code, texts, images, textures, graphics and other content, or holds the corresponding permission to use them. Website content may not be reproduced, in whole or in part, transmitted or recorded in any information retrieval system, in any form or medium, without the entity’s prior written authorisation.
Removing, circumventing or manipulating copyright notices, technical protection devices or information mechanisms contained in the content is also prohibited. Users undertake to respect these rights and avoid any action that could prejudice them. The business reserves the right to pursue any legal remedies available to protect its legitimate intellectual and industrial property rights.
Users undertake to:
• Use the website, content and services appropriately and lawfully in accordance with applicable legislation, these General Conditions of Use, generally accepted standards of morality and good conduct, and public order.
• Obtain all equipment and technical requirements necessary to access the website.
• Provide truthful personal information in website forms and keep it updated so that it accurately reflects their circumstances. Users alone are responsible for false or inaccurate statements and any damage caused to the business or third parties by the information supplied.
Users must also refrain from:
• Making unauthorised or fraudulent use of the website or its content for unlawful purposes, purposes prohibited by these conditions, purposes harmful to third-party rights or interests, or purposes that could damage, disable, overload, impair or prevent normal use of services, documents, files or content stored on computer equipment.
• Accessing or attempting to access restricted website resources or areas without meeting the access requirements.
• Damaging the physical or software systems of the website, its providers or third parties.
• Introducing or spreading computer viruses or any other physical or software systems capable of damaging the systems of the business, providers or third parties.
• Attempting to access, use or manipulate data belonging to the business, third-party providers or other users.
• Reproducing, copying, distributing, making publicly accessible, transforming or modifying content without the rights holder’s permission, unless permitted by law.
• Removing, concealing or manipulating intellectual or industrial property notices or other information identifying the rights of the business or third parties, or technical protection devices and information mechanisms included in the content.
• Obtaining or attempting to obtain content through means or procedures other than those made available or expressly indicated on the relevant pages, or those normally used on the Internet that do not risk damaging or disabling the website or its content.
• Transmitting, distributing or making available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software or other material that infringes fundamental rights or public freedoms recognised by the Constitution, international treaties or applicable legislation; incites criminal, degrading, defamatory, violent or otherwise unlawful conduct; contravenes morality, accepted standards of conduct or public order; promotes discrimination on grounds of sex, race, religion, beliefs, age or circumstances; provides access to criminal, violent, offensive, harmful or degrading products, messages or services; causes unacceptable anxiety or fear; encourages dangerous or harmful practices affecting health or psychological wellbeing; infringes intellectual or industrial property rights without authorisation; infringes honour, personal or family privacy or image rights; constitutes advertising of any kind; or includes viruses or programs that prevent normal website operation. These examples are illustrative and not exhaustive.
If users receive a password to access services or content, they must use it diligently and keep it secret. Users are responsible for its safekeeping and confidentiality, must not transfer it temporarily or permanently to third parties, and must not allow unauthorised persons to access the services or content. Users must notify the business of any suspected misuse, including theft, loss or unauthorised access, so that the password can be cancelled immediately. Until such notification, the business is exempt from liability arising from password misuse, and users are responsible for unlawful use of the website’s content or services by unauthorised third parties. Users who negligently or intentionally breach these conditions are liable for all resulting damage to the business.
Continuous access and correct display, download or usefulness of website elements and information are not guaranteed where factors or circumstances beyond the business’s control impede, hinder or interrupt them. The business is not responsible for decisions made as a result of accessing the content or information provided.
The service may be interrupted or the relationship with a user terminated immediately if use of the website or its services breaches these General Conditions of Use. We accept no responsibility for damage, losses, claims or expenses arising from website use.
The business is responsible only for removing potentially harmful content as soon as possible after notification. In particular, it is not liable for damage resulting from:
• Interference, interruptions, failures, omissions, telephone faults, delays, blockages or disconnections in the electronic system caused by deficiencies, overloads or errors in telecommunications lines and networks, or other causes beyond the business’s control.
• Unlawful intrusion using malicious programs through any communication channel, including computer viruses.
• Improper or inappropriate website use.
• Security or browsing errors caused by browser malfunctions or outdated versions. The website administrator reserves the right to remove any website content or information, in whole or in part.
The business excludes liability for damage of any kind resulting from misuse of freely available website services. It is also exempt from liability for content and information received through data collection forms, which are provided solely to answer enquiries and questions. Users may be held liable for damage caused by unlawful or improper use of these services.
Users shall indemnify the business against damage resulting from third-party claims, actions or proceedings arising from their access to or use of the website. Users shall also indemnify the business against damage arising from their use of robots, spiders, crawlers or similar tools to collect or extract data, or any other action that places an unreasonable load on website operation.
Users must not reproduce the website or its content in any way, including by hyperlink, without the data controller’s express written authorisation.
The website may include links to third-party websites to facilitate access to information about partner businesses or sponsors. The business is not responsible for the content of those websites and does not act as guarantor or provider of services or information offered through third-party links.
Users are granted a limited, revocable, non-exclusive right to link to the website’s homepage solely for private, non-commercial use. Websites linking here must not misrepresent their relationship with the business or claim that the link has been authorised, or include the business’s trademarks, names, logos or other distinctive signs. They must not contain material that is distasteful, obscene, offensive, controversial, incites violence or discrimination on grounds of sex, race or religion, contravenes public order or is unlawful. They may link only to the homepage and must link directly to the website’s own address without reproducing it as part of another website, placing it within frames or creating a browser over any of its pages. The business may request removal of any link at any time, and removal must be immediate.
The business cannot control the information, content, products or services provided by other websites linking to this website.
To use certain services, users must first provide personal data. The business will process this data automatically and apply the corresponding security measures in compliance with the GDPR, LOPDGDD and LSSI. Users can consult the personal data processing policy and its stated purposes under the terms of the Privacy Policy.
The business reserves the right to use cookie technology on the website to recognise returning users and personalise their experience by preselecting their language or preferred or specific content.
Cookies collect the user’s IP address, with Google responsible for processing this information.
Cookies are files sent to a browser by a web server to record browsing activity when users allow their reception. Users may configure their browser to display a notification when cookies arrive and prevent installation on their hard drive. Please consult your browser’s instructions and manuals for further information.
Cookies allow the browser on a user’s computer to be recognised, helping provide content, browsing and advertising preferences based on user profiles, measure visits and traffic parameters, and monitor the progress and number of visits.
Website content and services are generally provided for information only. No representation or warranty is made regarding them, including legality, reliability, usefulness, truthfulness, accuracy or merchantability, except where such representations and warranties cannot legally be excluded.
The business is not liable where services cannot be provided because of prolonged power outages, telecommunications interruptions, social conflicts, strikes, rebellion, explosions, floods, government acts or omissions, or other events of force majeure or unforeseen circumstances.
These General Conditions of Use and use of the website are governed by Spanish law. For the resolution of disputes, the parties submit to the courts and tribunals of the website operator’s registered address.
If any provision is unenforceable or void under applicable law or a judicial or administrative decision, this does not make these conditions unenforceable or void as a whole. In such cases, the business will amend or replace the provision with a valid, enforceable provision that achieves, as closely as possible, the original provision’s purpose and intent.
