Purpose and Acceptance
This legal notice governs the use of the website https://ortoprime.com hereinafter referred to as the website, owned by Ortoprime, S.L., hereinafter referred to as THE PROVIDER.
THE PROVIDER of the website makes this document available to users in order to comply with the obligations set out in Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, as well as to inform all users of the conditions of use of the website.
Browsing the PROVIDER’s website confers the status of user and implies full and unreserved acceptance of all the provisions included in this Legal Notice, which may be subject to modification.
This website has been created by THE PROVIDER for informational purposes and for the personal use of users. Through this legal notice, access to and use of this website, as well as the relationship between the website and its users, are regulated.
By accessing this website, you accept the following terms and conditions:
a) Access to this website is the sole responsibility of the users.
b) Mere access to this website does not imply the establishment of any commercial relationship between THE PROVIDER and the user.
c) Access to and browsing of this website implies acceptance and awareness of the legal notices, conditions and terms of use contained herein.
d) THE PROVIDER may offer services that may be subject to specific conditions which, depending on the case, replace, supplement and/or modify these conditions, and the user will be informed of them in each specific case.
e) The user undertakes to make proper use of the website in accordance with the law, good faith, public order, industry practices and this Legal Notice. The user shall be liable to THE PROVIDER or to third parties for any damages that may arise as a result of breach of this obligation.
Information
Under the Internet domain ortoprime.com, the following services are offered:
Provider: Ortoprime, S.L.
Tax ID (N.I.F.): B10502813
Registered with the Mercantile Registry of CÁCERES T 1036, L 863, F 20, S 8, H CC 15509, I/A 1 (01/08/2019)
Registered address: Carretera Ciudad Rodrigo, 0 S N, 10840 Moraleja, Cáceres (Spain)
To contact THE PROVIDER, the following contact details are available:
Email support@ortoprime.com
All notifications and communications between users and THE PROVIDER shall be considered legally valid when carried out through any of the means indicated above.
Content
The website provides users with information about orthopaedic products and technical aids that may be purchased through the online orthopaedic store made available by THE PROVIDER.
The content is available to the general public, facilitating access to information and services provided by THE PROVIDER, and is always intended to be kept up to date.
The information provided on the website should be considered as guidance only and in no case replaces personalised advice.
Access to the website
Access to the website is free of charge, except for the cost of connection through the telecommunications network provided by the access provider chosen by the user, and implies unreserved acceptance of these general conditions of use, which the user declares to fully understand.
In general, prior registration by the user is not required in order to access the informational content of the website.
However, some of the services offered on the website require prior user registration through the completion of the corresponding registration forms and acceptance of the terms and conditions of use established by THE PROVIDER.
Passwords or similar access credentials
Where a website service includes passwords or usernames, the user shall choose and indicate their own passwords or usernames, and may not choose words, expressions or graphic-denominative combinations that are offensive, insulting, identical to trademarks, trade names, shop signs, company names, advertising expressions, names or pseudonyms of publicly recognised or famous persons for whom they are not authorised to use, or, in general, that are contrary to the law or to generally accepted standards of morality and good conduct.
The allocation of the username (login) is carried out automatically following the user’s choice. If the requested credentials are already in use, the user must choose new access credentials. The user undertakes to use their access credentials diligently, not to make them available to third parties, and to inform THE PROVIDER of any loss or theft of such credentials or any unauthorised access by third parties.
Minors
With regard to browsing the website by minors, users are informed that THE PROVIDER cannot control, among other circumstances, whether minors under the age of 14 make use of the website and its services.
Therefore, THE PROVIDER assumes no responsibility in this regard, and parents or legal guardians shall be solely responsible for supervising and assisting minors when browsing this website, as well as enabling any other mechanisms necessary to prevent access by minors to the website and/or its services. THE PROVIDER shall not accept any claims in this respect.
Where any of our services are specifically aimed at minors, THE PROVIDER will require parental or guardian consent for the collection of personal data or, where applicable, for automated data processing.
Rules for use of the website
The user undertakes to use the website and all its content and services in accordance with the law, morality, public order and these general conditions.
THE PROVIDER may interrupt access to its website at any time if it detects use contrary to the law, good faith or these general conditions.
Furthermore, the user expressly undertakes and agrees to make appropriate use of the website’s content and services and not to use them to:
- a) Disseminate illegal, violent, pornographic, racist, xenophobic, offensive content, content that glorifies terrorism, or content that is generally contrary to the law or public order.
- b) Engage in unlawful or criminal activities that infringe third-party rights and/or violate intellectual or industrial property regulations or any other applicable legal provisions.
- c) Introduce computer viruses into the network or carry out actions that may alter, damage, interrupt or generate errors or damage to electronic documents, data or the physical and logical systems of THE PROVIDER or third parties, as well as hinder other users’ access to the website and its services by means of the massive consumption of computing resources through which THE PROVIDER provides its services.
- d) Attempt to access other users’ email accounts or restricted areas of the website and, where applicable, extract information.
- e) Impersonate another user, public authorities or third parties.
- f) Reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the content, unless authorised by the holder of the corresponding rights or legally permitted.
- g) Collect data for advertising purposes and send advertising or commercial communications of any kind without having been previously requested or authorised.
Disclaimer of liability
The website is hosted on a secure server and uses the necessary SSL security certificate, which are the tools available to THE PROVIDER to monitor the absence of viruses, worms or other harmful IT elements. In any case, it is the user’s responsibility to have appropriate tools for the detection and disinfection of harmful software.
THE PROVIDER accepts no liability for damage caused to the software or hardware of users or third parties during the use of the services offered on the website.
THE PROVIDER accepts no liability for damages of any kind caused to the user as a result of failures or interruptions in telecommunications networks that result in suspension, cancellation or interruption of the website service during its provision or beforehand.
THE PROVIDER reserves the right to make changes to the website without prior notice, and may modify, remove or add content and services offered through it, as well as their presentation or location on the website.
Intellectual and industrial property
The website, including, by way of example but not limitation, its programming, compilation and all elements necessary for its operation, as well as designs, logos, text and/or graphics, are owned by THE PROVIDER or, where applicable, are used under licence or with express authorisation from the authors.
All website content is duly protected by intellectual and industrial property regulations and registered in the corresponding public registers.
Any total or partial reproduction, use, exploitation, distribution or commercialisation requires the prior written authorisation of THE PROVIDER.
Any unauthorised use by THE PROVIDER shall be considered a serious infringement of the author’s intellectual or industrial property rights.
Designs, logos, text and/or graphics not belonging to THE PROVIDER that may appear on the website belong to their respective owners, who are responsible for any disputes that may arise in relation to them.
THE PROVIDER acknowledges the corresponding intellectual and industrial property rights of their owners, and their mere mention or appearance on the website does not imply the existence of any rights or responsibility of THE PROVIDER over them, nor endorsement, sponsorship or recommendation by THE PROVIDER.
Links
The inclusion of a hyperlink to a third-party external page does not in any case imply the existence of commercial relations between THE PROVIDER and the owner of the website in which it is included, nor acceptance or approval by THE PROVIDER of its content or services.
Persons wishing to establish a hyperlink must first request written authorisation from THE PROVIDER.
THE PROVIDER accepts no responsibility for information contained on third-party websites accessible via “links” or connections from any website owned by THE PROVIDER.
The presence of “links” or connections on THE PROVIDER’s website is for information purposes only and in no case constitutes a suggestion, invitation or recommendation.
Sending of commercial communications
In accordance with the provisions of the Second Final Provision of Law 9/2014 of 9 May on Telecommunications, which amends Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, commercial communications sent electronically must be clearly identifiable as such, and the natural or legal person on whose behalf they are sent must be clearly identifiable, without prejudice to any regulations issued by Autonomous Communities with exclusive competence in consumer matters.
The user who provides their contact details to THE PROVIDER by clicking the “SEND” button on electronic personal data collection forms on the website and selecting the two consent checkboxes, “I accept the processing of my data for the purposes indicated in the basic data protection information” and “I consent to receiving commercial communications about your items and/or products”, expressly authorises THE PROVIDER to process their personal data in order to send commercial communications about its items and/or products by post, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent electronic means.
The lawful basis that legitimises this processing is the data subject’s consent, which may be withdrawn at any time.
In accordance with Articles 21 and 22 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the user may object to the processing of their data for promotional purposes and withdraw their consent to receive commercial communications by email by simply notifying THE PROVIDER through a simple and free procedure, by sending an email to support@ortoprime.com, indicating “UNSUBSCRIBE” or “DO NOT SEND” in the subject line.
IP addresses
The website servers may automatically detect the IP address and domain name used by the user.
An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity log file that allows subsequent data processing solely for statistical purposes, such as knowing the number of page views, number of visits to web services, order of visits, access point, etc.
Use of cookies
THE PROVIDER, either on its own behalf or on behalf of a third party providing measurement services, may use cookies when users browse the website.
Cookies are small information files that the server sends to the user’s computer when accessing the website in order to record user activity during browsing and enable certain functions considered essential for the proper operation and display of the website.
Cookies used on the website are always temporary and are solely intended to make subsequent transmission more efficient, disappearing at the end of the user’s session. Under no circumstances will cookies be used to collect personal information.
Users may configure their browser to be notified of the receipt of cookies and to prevent their installation on their device. Please consult your browser’s instructions and guides for further information.
The use of cookies allows the server hosting the website to recognise the web browser used by the user in order to make browsing easier, for example allowing access to previously registered users, access to areas or services reserved exclusively for them without having to register on each visit. Cookies are also used to measure audience and traffic parameters, and to monitor progress and number of visits.
Liability
THE PROVIDER declines any responsibility for information published on its website where such information has been manipulated or introduced by a third party unrelated to THE PROVIDER.
In accordance with Articles 11 and 16 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, THE PROVIDER makes itself available to users, competent authorities and security forces to remove or block content that violates the law, third-party rights or morality and public order.
The website has been reviewed and tested to ensure proper operation. In principle, correct operation can be guaranteed 365 days a year, 24 hours a day. However, THE PROVIDER does not rule out the possibility of programming errors or the occurrence of force majeure events, natural disasters, strikes or similar circumstances that make access to the website impossible.
In the event of interruption of the website’s operation, THE PROVIDER undertakes to restore it to proper working order as soon as possible.
Procedure in the event of unlawful activities
Where a user or third party considers that there are facts or circumstances indicating the unlawful nature of the use of any content and/or the performance of any activity on web pages included in or accessible through the website, they must notify THE PROVIDER, properly identifying themselves, specifying the alleged infringements and expressly declaring, under their own responsibility, that the information provided in the notification is accurate.
Applicable law and jurisdiction
For the resolution of any disputes or matters related to this website or the activities carried out on it, Spanish law shall apply, to which the parties expressly submit. The courts of Cáceres (Spain) shall have jurisdiction to resolve any conflicts arising from or related to its use, unless the user qualifies as a consumer, in which case the courts of the consumer’s place of residence shall have jurisdiction.
If any clause included in these general conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part thereof that is null or ineffective, with the remaining provisions remaining fully valid and enforceable, and the affected provision being deemed totally or partially not included.