Who's behind Mascotas lgtbi?

Hello! My name is Mario and I am responsible for this website.

Since Cloe came into my life she has become a muse and inspiration for everything I do. She was picked up by the shelter Peluts de La Marina (Altea) after becoming a scrap of a hunter when a leg was broken and no longer useful for hunting, I adopted her in 2018 and she became my inseparable companion.

I wanted to do something that united two concepts that are present in my daily life: my love for animals and my defence of the LGBT community to which I belong. Mascotas lgtbi is born from the union of these two premises and they are the basis on which it is sustained.

But it was not only about creating something new with which we could transfer our Pride to our mascots, but I also wanted to add value and donate 5% of the profits to an association in defence of LGBT rights. Likewise, 5% of the sales at adoption fairs (when they are held again) will also be allocated to the protective organisations.

In my small sewing room I do all the work while Cloe accompanies me resting on her bed. Sometimes she comes to me to be listened to and cuddled. I love it!

IMG 20201009 145419

I do not want to finish without thanking the people who have supported me and without whom it would not have been possible to carry out this project: Alicia, Emilio, José, Ramón and Toñi.

Legal notice.

LEGAL NOTICE AND TERMS OF USE

www.mascotaslgtbi.com

I. GENERAL INFORMATION

In compliance with the obligation to provide information as stipulated in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of 11 July, the following general information on this website is provided below:

The ownership of this website,www.mascotaslgtbi.com, (hereinafter, Website) is held by: Mario Trujillo Vizuete, with NIF: 48295244M, and whose contact details are:

Address: Maximilia Thous 81 1-4-4

Telephone: +34 688 794 939

E-mail: contacto@mascotaslgtbi.com

II. GENERAL TERMS AND CONDITIONS OF USE

The subject matter of the terms and conditions: The Website

The purpose of these General Conditions of Use (hereinafter referred to as “Conditions”) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood to mean: the external appearance of the screen interfaces, both static and dynamic, i.e. the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Content) and all those online services or resources that may be offered to Users (hereinafter, Services).

Mascotas lgtbi reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and agrees that at any time Mascotas lgtbi may interrupt, deactivate and/or cancel any of these elements that are integrated in the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free of charge, without the User having to provide any consideration in order to enjoy it, except for the cost of connection through the telecommunications network supplied by the access provider contracted by the User.

The use of any of the Contents or Services of the Website may be made by prior subscription or registration of the User.

El User

Access, browsing and use of the Website, as well as for the spaces enabled for interaction between Users, and the User and Mascotas lgtbi, such as comments and/or blogging spaces, confers the condition of User, and therefore, from the moment the User starts browsing the Website, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be. Given the relevance of the above, the User is recommended to read them each time he/she visits the Website.

The website of Mascotas lgtbi provides a wide range of information, services and data. The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • A use of the information, Content and/or Services and data offered by Mascotas lgtbi without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may be detrimental to the rights of third parties or to the operation of the Website.
  • The truthfulness and legality of the information provided by the User on the forms provided by Mascotas lgtbi for access to certain Content or Services offered by the Website. In any case, the User shall immediately notify to Mascotas lgtbi about any event that allows the improper use of the information registered in such forms, such as, but not limited to, theft, loss, or unauthorised access to identifiers and/or passwords, in order to proceed to their immediate cancellation.

Mascotas lgtbi reserves the right to remove all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that threaten youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication.

In any case,Mascotas lgtbi will not be responsible for the opinions expressed by users through comments or other blogging or participation tools that may exist.

The mere access to this Website does not imply any type of commercial relationship between Mascots lgtbiand the User.

In compliance with the legislation in force, this Mascotas lgtbi website is intended for all persons, regardless of their age, who may access and/or browse the pages of the website.

The Website is primarily intended for Users resident in Spain. Mascotas lgtbi makes no representation that the Website complies with the laws of other countries, either in whole or in part. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, he/she does so at his/her own risk, and must ensure that such access and browsing complies with the local legislation applicable to him/her, and does not assume any liability for any such access and/or browsing. Mascotas lgtbi any liability that may arise from such access.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Mascotas lgtbi does not guarantee the continuity, availability and usefulness of the Website, or of the Content or Services. Mascotas lgtbi will make every effort to ensure the smooth operation of the Website, but makes no representation or warranty that access to the Website will be uninterrupted or error-free.

Nor does it accept any responsibility or guarantee that the content or software that can be accessed through this Website is free from error or causes damage to the User’s computer system (software and hardware). Under no circumstances Mascotas lgtbi shall be liable for any loss, damage or harm of any kind arising from accessing, browsing and using the Website, including, but not limited to, loss, damage or harm caused to computer systems or caused by the introduction of viruses.

Mascotas lgtbi shall not be liable for any damages that may be caused to users through improper use of this Website. In particular, it shall not be liable in any way whatsoever for any breakdowns, interruptions, faults or defects in telecommunications that may occur.

IV. LINKING POLICY

It is informed that the Mascotas lgtbi Website makes or may make available to Users means of linking (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to make it easier for Users to search for and access information available on the Internet, and may not be considered a suggestion, recommendation or invitation to visit them.

Mascotas lgtbi does not itself or through third parties offer or market the products and/or services available on such linked sites.

Nor does it guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property that can be accessed through the links.

Mascotas lgtbishall in no case review or control the content of other websites, nor does it approve, examine or make its own the products and services, contents, files and any other material existing in the aforementioned linked sites.

Mascotas lgtbi does not assume any responsibility for damages that may arise from the access, use, quality or legality of the contents, communications, opinions, products and services of the websites not managed by Mascotas lgtbiand which are linked to this Website.

The User or third party who makes a hyperlink from a web page of another, different, website to the Mascotas lgtbi Website should be aware that:

None of the Content and/or Services of the Website may be reproduced, in whole or in part, without the express authorisation of Mascotas lgtbi.

No false, inaccurate or incorrect statement about the Mascotas lgtbiWebsite, or the Contents and/or Services of the same is permitted.

With the exception of the hyperlink, the website where the hyperlink is established shall not contain any element of this website protected as intellectual property by the Spanish legal system, unless expressly authorised by Mascotas lgtbi.

The establishment of the hyperlink does not imply the existence of a relationship between Mascotas lgtbi and the owner of the website from which it is made, nor the knowledge and acceptance of Mascotas lgtbiof the contents, services and/or activities offered in said website, and vice versa.

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Mascotas lgtbi by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as of the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts, trademarks or logos, colour combinations, structure and design, selection of materials used, computer programmes necessary for its operation, access and use, etc.). They will therefore be works protected as intellectual property by the Spanish legal system, and both Spanish and Community legislation in this field, as well as international treaties relating to the matter and signed by Spain, will be applicable to them.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including making available, of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, are expressly prohibited without the authorization of Mascotas lgtbi.

The User undertakes to respect the intellectual and industrial property rights of Mascotas lgtbi. You may view the elements of the Website or even print them, copy them and store them on the hard disk of your computer or any other physical medium, provided that this is exclusively for your personal use. The User, however, may not remove, alter or manipulate any protection device or security system installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website involves a violation of the rights of protection of intellectual property, he/she should immediately inform Mascotas lgtbi via the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

VI. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Mascotas lgtbireserves the right to take any civil or criminal action it deems necessary for the improper use of the Website and its Contents, or for the breach of these Terms and Conditions.

The relationship between the User and Mascotas lgtbi shall be governed by the regulations in force and applicable in Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their disputes to the ordinary jurisdiction of the courts and tribunals that correspond according to law.

This document of Legal Notice and General Conditions of use of the website has been created by using the template generator oflegal notice and conditions of use online on 18/03/2021.

Terms and conditions of sale.

GENERAL SALES CONDITIONS

www.mascotaslgtbi.com

1. GENERAL INFORMATION

The owner of this website www.mascotaslgtbi.com, (hereafter Website) is: Mario Trujillo Vizuete, with tx number:: 48295244M, and whose contact details are

Address: Maximilia Thous 81 1-4-4

Telephone: +34 688 794 939

E-mail: contacto@mascotaslgtbi.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.mascotaslgtbi.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Mascotas lgtbicarries out through the Website includes:

Marketing and distribution of pet accessories.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Mascotas lgtbi. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and all of the foregoing, and if the User does not agree to all of the foregoing, the User should not use this Website.

You are also advised that these Terms and Conditions may be subject to change. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. USER

Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use this Website only to make legally valid enquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
  • Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Terms and Conditions of Use).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. Mascotas lgtbi makes no representation that the Website complies with the laws of other countries, either in whole or in part. Mascotas lgtbi declines all liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.

The User will be able to formalise, at his/her choice, with Mascotas lgtbithe contract of sale of the desired products and/or services in any of the languages in which the present Conditions are available in this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users duly registered can purchase from the Website by the means and in the manner provided for. They must follow the online purchase and/or acquisition procedure of www.mascotaslgtbi.com, during which several products and/or services can be selected and added to the cart, basket or final shopping space and finally click on: “Checkout“.

Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

The User will then receive an e-mail confirming that Mascotas lgtbi has received your order or request for purchase and/or provision of the service, i.e. the order confirmation. And, if applicable, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which will be sent to the User by e-mail and, where appropriate, through his/her personal connection space on the Website. The User may also, if he/she so wishes, obtain a copy of his/her invoice on paper, by requesting it from Mascotas lgtbi using the contact spaces on the Website or via the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders and payments involved in transactions made on the Website may be archived and retained in the computerised records of Mascotas lgtbi in order to constitute a means of proof of transactions, in any case, respecting reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by Mascotas lgtbi through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. In the event of difficulties in the supply of products or if there are no products in stock, Mascotas lgtbi undertakes to contact the User and reimburse any amount that may have been paid as a fee. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. So, Mascotas lgtbi performs delivery and/or shipping services through: Genei.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted methods of payment are: Credit or debit card, PayPal, and bank transfer.

Mascotas lgtbi uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to verification and authorisation by the issuing bank. If the issuing bank does not authorise the payment, Mascotas lgtbi will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.

Once Mascotas lgtbi Upon receipt of the purchase order by the User through the Website, a pre-authorisation will be made on the relevant card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where applicable, place established.

If the payment method is PayPal, the charge will be made at the moment Mascotas lgtbi sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on “Checkout” the User confirms that the payment method used is his or her own.

Purchase or acquisition orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Mascotas lgtbi for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, Mascotas lgtbi will not be able to validate the order, which will be cancelled.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).

With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, for which it is responsible, Mascotas lgtbi is unable to meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to go ahead with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it redelivered.

If the User is not going to be at the place of delivery at the agreed time slot, he/she should contact Mascotas lgtbi to arrange delivery on another day.

In the event that 30 days have elapsed since your order has been available for delivery, and it has not been delivered for reasons not attributable to Mascotas lgtbi, Mascotas lgtbi shall understand that the User wishes to withdraw from the contract and the contract shall be deemed to be terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded to the User, with the exception of any additional costs resulting from the User’s own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and in any event within 14 calendar days from the date on which the contract is deemed to be terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires the ownership of the products when Mascotas lgtbi receives full payment of all amounts due in respect of the purchase or acquisition made, including delivery charges, or at the time of delivery, if delivery takes place after full receipt of the amount due by Mascotas lgtbi.

In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be deemed to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the rate legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has been made when entering the data necessary to process his/her purchase request on the Website, he/she may modify the data by contacting Mascotas lgtbi through the contact spaces provided on the Website, and, where appropriate, through those provided for contacting customer service, and/or using the contact details provided in the first clause (General information). Furthermore, this information may also be corrected by the User through his or her personal connection space on the Website.

In any case, the User, before clicking on “Complete purchase“, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (RGPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.

This withdrawal period shall expire 14 calendar days after the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the goods purchased on the Website of Mascotas lgtbi or in the event that the goods making up your order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.

In order to exercise this right of withdrawal, the User must notify his or her decision to Mascotas lgtbi. You can do so, if necessary, by e-mail or telephone.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model cancellation form provided by Mascotas lgtbi is made available to you as an attachment to these Terms, however, its use is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

In the event of withdrawal, Mascotas lgtbi reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method than the least expensive method offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Mascotas lgtbi is informed of the User’s decision to withdraw.

Mascotas lgtbi reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Mascotas lgtbi may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, whichever condition is met first.

The User can return or send the products to Mascotas lgtbi in Maximilia Thous 81 1-4-4

And it shall do so without undue delay and in any event not later than 14 calendar days from the date Mascotas lgtbiwas informed of the withdrawal decision.

The User acknowledges being aware that he/she shall bear the direct cost of returning (transport, delivery) of the goods, should any be incurred. Furthermore, he shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case for: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

The same applies to the provision of a service that the User may contract on this Website, as this same Law establishes that Users will not have the right of withdrawal when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by Mascotas lgtbi, shall have lost its right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

You can download the model withdrawal form at the following link:

Return of defective products or delivery error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, he/she should contact Mascotas lgtbi immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.

The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User in making the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, under the terms legally established for each type of product, responding Mascotas lgtbi, therefore, for the lack of conformity of the same that becomes apparent within two years of delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Mascotas lgtbi and possess the qualities presented therein; are fit for the uses for which products of the same type are normally intended; and are of a quality and performance which are normal and essentially to be expected of a product of the same type. If this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may have non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and are therefore part of the individual appearance of the product, and are not a defect.

On the other hand, it may be the case that the User purchases on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty rights directly against them during the two years following the delivery of such products. For this purpose, the User must have retained all information relating to the guarantee of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Mascotas lgtbi accepts no liability for the following losses, regardless of their origin:

  • any losses which were not attributable to any breach by it;
  • business losses (including loss of business profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

In the same way, Mascotas lgtbialso limits its liability for the following cases:

  • Mascotas lgtbi applies all measures to provide a faithful display of the product on the Website, but is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
  • Mascotas lgtbi shall act with the utmost diligence in order to make available to the company in charge of the transport of the product that is the object of the purchase order. However, it shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, loss or theft of the product.
  • Technical failures which, due to fortuitous causes or otherwise, prevent the normal operation of the service via the Internet. Unavailability of the Website due to maintenance or other reasons, preventing the availability of the service. Mascotas lgtbi makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
  • Mascotas lgtbi shall not be liable for the misuse and/or wear and tear of the products that have been used by the User. At the same time, Mascotas lgtbi shall also not be liable for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • Overall, Mascotas lgtbi shall not be liable for any failure or delay in the performance of any of its obligations where such failure or delay is due to events beyond its reasonable control, i.e. due to force majeure, which may include, but is not limited to, force majeure:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Thus, the obligations will be suspended for the period during which the force majeure continues, and Mascotas lgtbi shall be granted an extension of the deadline for compliance for a period of time equal to the duration of the force majeure. Mascotas lgtbi shall use all reasonable means to find a solution that will enable it to fulfil its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Mascotas lgtbi will be electronic (e-mail or notices posted on the Website).

For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Mascotas lgtbi sent electronically comply with the legal requirements of being in writing. This condition shall not affect the User’s statutory rights.

The User may send notifications and/or communicate with Mascotas lgtbi through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Mascotas lgtbi may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver from Mascotas lgtbi to a specific legal right or action or the lack of an injunction by Mascotas lgtbi The failure of the User to comply strictly with any of its obligations shall not constitute a waiver of any other rights or remedies arising from a contract or the Conditions, nor shall it release the User from the performance of its obligations.

No waiver by Mascotas lgtbi of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.

12. NULLITY

Should any of these Conditions be declared null and void by a final decision of a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. FULL AGREEMENT

These Terms and Conditions and any documents expressly referred to in these Terms and Conditions constitute the entire agreement between you and Mascotas lgtbi in relation to the subject matter of the sale and supersede any prior covenant, agreement or promise agreed orally or in writing by the same parties.

The User and Mascotas lgtbi acknowledge that they have consented to the conclusion of a contract without having relied on any representations or promises made by the other party, except as expressly mentioned in these Terms and Conditions.

14. DATA PROTECTION

The information or data of a personal nature that the User provides to Mascotas lgtbi in the course of a transaction on the Website, will be processed in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

Any dispute, problem or disagreement arising out of or relating to the access, browsing and/or use of the Website, or to the interpretation and performance of these Terms, or to the sales contracts between Mascotas lgtbi and the User shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send Mascotas lgtbi his complaints, claims or any other comments he may wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Mascotas lgtbi has official complaint forms available to consumers and users, which they can request from Mascotas lgtbi at any time, using the contact details provided at the beginning of these Terms and Conditions (General Information).

Likewise, if the conclusion of this purchase contract between Mascotas lgtbi and a dispute arises for the User, the User as a consumer may request out-of-court dispute resolution in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.

This document of General Conditions of Purchase has been created by means of the generator of general conditions of purchaseonline on 18/03/2021.

Privacy policy.

General.

WEB SITE PRIVACY POLICY

www.mascotaslgtbi.com

I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Mascotas lgtbi (hereinafter, also the Website) undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected.

Laws incorporated in this privacy policy

This privacy policy is adapted to current Spanish and European legislation on the protection of personal data on the Internet. In particular, it respects the following rules:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).
  • Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPD-GDD).
  • Royal Decree 1720/2007, of 21 December, approving the Regulation implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the controller processing the personal data

The controller of the personal data collected on Mascotas lgtbi is: Mario Trujillo Vizuete, with tax identification number : 48295244M (hereinafter referred to as the Data Controller). Their contact details are as follows:

Address: Maximilia Thous 81 1-4-4

Phone: +34 688 794 939

E-mail: contacto@mascotaslgtbi.com

Register of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Mascotas lgtbi, by means of the forms provided on its pages will be incorporated and processed in our file in order to facilitate, expedite and fulfil the commitments established between Mascotas lgtbi and the User or the maintenance of the relationship established in the forms filled in by the User, or to attend to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD applies, a register of processing activities is kept which specifies, according to its purposes, the processing activities carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The processing of the User’s personal data shall be subject to the following principles set out in article 5 of the RGPD and in article 4 and following of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights:

  • Principle of lawfulness, fairness and transparency: the consent of the User shall be required at all times after full and transparent information on the purposes for which the personal data are collected.
  • Purpose limitation principle: personal data will be collected for specified, explicit and legitimate purposes.
  • Principle of data minimisation: the personal data collected will be only that which is strictly necessary for the purposes for which it is processed.
  • Principle of accuracy: personal data must be accurate and always up to date.
  • Principle of limitation of the storage period: personal data will only be kept in a form that allows the identification of the User for the time necessary for the purposes of their processing.
  • Principle of integrity and confidentiality: personal data shall be processed in a manner that ensures their security and confidentiality.
  • Proactive accountability principle: the Controller shall be responsible for ensuring that the above principles are complied with.

Categories of personal data

The categories of data processed in Mascotas lgtbi are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Mascotas lgtbi undertakes to obtain the express and verifiable consent of the User for the processing of his/her personal data for one or more specific purposes.

The User shall have the right to withdraw his or her consent at any time. It will be as easy to withdraw consent as to give it. As a general rule, withdrawal of consent will not condition your use of the Website.

On those occasions when the User must or may provide his/her data through forms to make enquiries, request information or for reasons related to the content of the Website, he/she will be informed in the event that the completion of any of them is compulsory due to the fact that they are essential for the correct development of the operation carried out.

Purposes of the processing for which the personal data are used

The personal data is collected and managed by Mascotas lgtbi in order to facilitate, speed up and fulfil the commitments established between the Website and the User or to maintain the relationship established in the forms filled in by the latter or to attend to a request or query.

Likewise, the data may be used for commercial, personalisation, operational and statistical purposes, as well as for the activities inherent to the company’s corporate purpose. Mascotas lgtbi, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as to improve the quality, operation and navigation of the Website.

At the time the personal data is collected, the User will be informed about the specific purpose(s) of the processing for which the personal data will be used, i.e. the use(s) to which the collected information will be put.

Retention periods for personal data

Personal data will only be retained for the minimum time necessary for the purposes of their processing and, in any case, only for the following period: 2 years, or until the User requests their deletion.

At the time personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

Recipients of personal data

The User’s personal data will be shared with the following recipients or categories of recipients:

ACTIVE CAMPAIGN – Con domicilio en Charlemont – Exchange Charlemont Street – Dublin, D02VN88

In case the Controller intends to transfer personal data to a third country or international organisation, the User shall be informed at the time the personal data are obtained about the third country or international organisation to which the data are intended to be transferred, as well as about the existence or absence of an adequacy decision of the Commission.

Personal data of minors

In accordance with the provisions of Articles 8 of the GDPR and 7 of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, only persons over 14 years of age may give their consent to the processing of their personal data in a lawful way by Mascotas lgtbi. In the case of a child under 14 years of age, the consent of the parents or guardians is required for the processing, and the processing is only lawful to the extent that the parents or guardians have given their consent.

Secrecy and security of personal data

Mascotas lgtbi undertakes to adopt the necessary technical and organisational measures, according to the level of security appropriate to the risk of the data collected, so as to ensure the security of personal data and to prevent the accidental or unlawful destruction, loss or alteration of personal data transmitted, stored or otherwise processed, or the unauthorised communication of or access to such data.

The Website has an SSL (Secure Socket Layer) certificate, which ensures that personal data is transmitted securely and confidentially, as the transmission of data between the server and the User, and in return, is fully encrypted or encoded.

However, because Mascotas lgtbi cannot guarantee the impregnability of the Internet or the total absence of hackers or others gaining fraudulent access to personal data, the Data Controller undertakes to notify the User without undue delay when a breach of security of personal data occurs that is likely to result in a high risk to the rights and freedoms of natural persons. In accordance with Article 4 of the GDPR, a breach of security of personal data means any breach of security leading to the accidental or unlawful destruction, loss or alteration of, or unauthorised disclosure of or access to, personal data transmitted, stored or otherwise processed.

Personal data will be treated as confidential by the Data Controller, who undertakes to inform and to ensure by means of a legal or contractual obligation that such confidentiality is respected by its employees, partners, and any other person to whom it makes the information accessible.

Rights arising from the processing of personal data

The User has over Mascotas lgtbi and may, therefore, exercise against the Data Controller the following rights recognised in the RGPD and the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights:

  • Right of access: It is the User’s right to obtain confirmation of whether or not Mascotas lgtbi is or is not processing your personal data and, if so, to obtain information about your specific personal data and the processing that Mascotas lgtbi The data subject shall also be informed of the information available on the origin of such data and the recipients of the communications made or intended to be made of such data.
  • Right of rectification: This is the User’s right to have his or her personal data amended if it proves to be inaccurate or, taking into account the purposes of the processing, incomplete.
  • Right of erasure (“the right to be forgotten”): This is the User’s right, unless otherwise provided for by law, to obtain the erasure of his or her personal data when they are no longer necessary for the purposes for which they were collected or processed; the User has withdrawn his or her consent to the processing and there is no other lawful basis for the processing; the User objects to the processing and there is no other legitimate reason to continue the processing; the personal data have been processed unlawfully; the personal data must be erased in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to erasure, the Controller shall, taking into account available technology and the cost of implementation, take reasonable steps to inform controllers who are processing the personal data of the data subject’s request for erasure of any link to those personal data.
  • Right to restriction of processing: This is the User’s right to limit the processing of his or her personal data. The User has the right to obtain the restriction of processing where he/she contests the accuracy of his/her personal data; the processing is unlawful; the Controller no longer needs the personal data, but the User needs it to make claims; and where the User has objected to the processing.
  • Right to data portability If the processing is carried out by automated means, the User shall have the right to receive from the Controller his or her personal data in a structured, commonly used and machine-readable format and to transmit them to another Controller. Where technically feasible, the Controller shall transmit the data directly to that other Controller.
  • Right of opposition: This is the User’s right not to have his or her personal data processed or to stop the processing of such data by Mascotas lgtbi.
  • The right not to be subject to a decision based solely on automated processing, including profiling: This is the User’s right not to be subject to an individualised decision based solely on automated processing of his or her personal data, including profiling, unless otherwise provided for by law.

Therefore, the User may exercise his/her rights by means of a written communication addressed to the Data Controller with the reference “RGPD-www.mascotaslgtbi.com“, specifying:

  • User’s name, surname and copy of ID card. In cases where representation is permitted, it will also be necessary to identify the person representing the User by the same means, as well as the document accrediting the representation. The photocopy of the ID card may be replaced by any other legally valid means of proof of identity.
  • Request with specific reasons for the request or information to be accessed.
  • Address for notifications.
  • Date and signature of the applicant.
  • Any document supporting the request you are making.

This application and any attachments may be sent to the following address and/or e-mail address:

Addres: Maximilia Thous 81 1-4-4 03204 Elx – Spain

Correo electrónico: contacto@mascotaslgtbi.com

Links to third-party websites

The Website may include hyperlinks or links that allow access to third party websites other than Mascotas lgtbi, and therefore not operated by Mascotas lgtbi. The owners of such websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Complaints to the supervisory authority

In the event that the User considers that there is a problem or a breach of the regulations in force in the way in which his or her personal data is being processed, he or she shall have the right to effective judicial protection and to lodge a complaint with a supervisory authority, in particular in the State in which he or she has his or her habitual residence, place of work or place of the alleged breach. In the case of Spain, the supervisory authority is the Spanish Data Protection Agency (Agencia Española de Protección de Datos). (http://www.agpd.es).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that he/she accepts the processing of his/her personal data so that the Data Controller can proceed in the manner, during the periods and for the purposes indicated. Use of the Website implies acceptance of the Website’s Privacy Policy.

Mascotas lgtbi reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to keep abreast of the latest changes or updates.

This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and to Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

This Privacy Policy document for a website has been created on 18/03/2021.

Cookie policy.

COOKIE POLICY

www.mascotaslgtbi.com

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User – in the different devices they may use to browse – so that the server remembers certain information that will subsequently be read only by the server that implemented it. Cookies make browsing easier, more user-friendly and do not damage the browsing device.

Cookies are automatic procedures for collecting information relating to the preferences determined by the User during his/her visit to the Website in order to recognise him/her as a User, and to personalise his/her experience and use of the Website, and may also, for example, help to identify and resolve errors.

Information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and just after the Website. However, no cookie allows this cookie to contact the User’s telephone number or any other means of personal contact. No cookie can extract information from the User’s hard drive or steal personal information. The only way for the User’s private information to be part of the Cookie file is for the User to personally give that information to the server.

Cookies that allow an individual to be identified are considered personal data. Therefore, the Privacy Policy described above shall apply to them. In this sense, the consent of the User will be necessary for the use of the same. This consent shall be communicated, on the basis of a genuine choice, offered by an affirmative and positive decision, prior to initial treatment, removable and documented.

Cookies propias

These are cookies that are sent to the User’s computer or device and are exclusively managed by Mascotas lgtbi for the better functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies make it possible to recognise the User as a repeat visitor to the Website and to adapt the content to offer him or her content that is tailored to his or her preferences.

Third-party cookies

These are cookies used and managed by external entities that provide to Mascotas lgtbi services requested by it to improve the Website and the user experience when browsing the Website. The main purposes for which third-party cookies are used are to obtain access statistics and to analyse browsing information, i.e. how the User interacts with the Website.

The information obtained refers, for example, to the number of pages visited, the language, the place where the IP address from which the User accesses, the number of Users accessing, the frequency and recurrence of visits, the time of visit, the browser used, the operator or type of device from which the visit is made. This information is used to improve the Website, and to detect new needs in order to offer Users the best quality Content and/or service. In all cases, the information is collected anonymously and reports on website trends are compiled without identifying individual users.

You can obtain more information about cookies, privacy information, or consult the description of the type of cookies used, their main characteristics, expiry period, etc. at the following link(s):

Google AdWords Conversion Company: Google Inc. Web: https://www.google.es/adwords/ Type of cookie: Behavioural advertising cookies. Google Analytics Company: Google Inc. Web: http://www.google.com/analytics/ Type of cookie: Analysis cookies. Microsoft Advertising Company: Microsoft Web: https://ads.microsoft.com/ Type of cookie: Behavioural advertising cookies. Facebook Ads Company: Facebook Web: https://business.facebook.com/ Type of cookie: Behavioural advertising cookies.

The entity(ies) responsible for the provision of cookies may transfer this information to third parties, where required by law or where a third party processes this information for these entities.

Social network cookies

Mascotas lgtbi incorporates social media plugins, which allow access to social networks from the Website. For this purpose, social media cookies may be stored in the User’s browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User should refer to them to find out about these cookies and, where appropriate, the processing of their personal data. The links to these privacy and/or cookie policies are provided below for information purposes only:

Disabling, rejecting and deleting cookies

The User can disable, reject and delete cookies – totally or partially – installed on their device by configuring their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser that he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the Website, although you may be limited in the use of some of the Website’s features.

This Cookie Policy document has been created on 18/03/2021.

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