Terms of Use

OBJECT

These General Conditions of Use (hereinafter, the "General Conditions") regulate the use of the website www.mrshisha.es (hereinafter, the Website) that MR. SHISHA EUROPE SL (hereinafter " Mr Shisha "), makes available to people who access its Website in order to provide them with information about products and services, its own and/or those of third-party collaborators, and to facilitate access to them, as well as the contracting of services and goods through it (all of which are jointly referred to as the "Services").

Mr Shisha has its registered office at Calle Físicas, 40, 28923, Alcorcón (Spain). Mr Shisha is the owner of this Website, the use of which is regulated by this document, with CIF: B-88338058.

To contact Mr Shisha , you can use the postal address indicated above, as well as the email address info@mrshisha.es.

Due to the very nature of the Website, as well as its content and purpose, almost all browsing that can be carried out on it must be done with the status of Client, which is acquired according to the procedures set out therein. Therefore, the aforementioned status of Client implies adherence to the General Conditions in the version published at the time of accessing the Website. Mr Shisha reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, Mr Shisha recommends that the Client read them carefully each time they access the Website.

In any case, there are pages of the Website accessible to the general public, with respect to which Mr Shisha also wishes to comply with its legal obligations, as well as regulate the use of said pages. In this regard, users who access these parts of the Website agree to be bound, by the fact of accessing said pages, by the terms and conditions set out in these General Conditions, to the extent that they may be applicable to them.

Finally, due to the very nature of this Website, it is possible that the content of these General Conditions may be modified or changed. Therefore, the Client, as well as other users who do not enjoy this status, are obliged to access these General Conditions each time they access the Website, assuming that the corresponding conditions in force at the time of their access will apply to them.

ACCESS AND SECURITY

Pre-registered users, once they accept the " Privacy Policy ", will be considered as Clients.

The Customer ID will consist of his/her email address and a password. To access the Customer's own account, it will be necessary to enter this ID, as well as a password that must contain at least 4 characters.

The use of the password is personal and non-transferable, and its transfer, even temporarily, to third parties is not permitted. In this regard, the Client undertakes to make diligent use of it and to keep it secret, assuming full responsibility for the consequences of its disclosure to third parties.

In the event that the Client becomes aware of or suspects that his or her password has been used by third parties, he or she must change it immediately, in the manner set out on the Website.

CORRECT USE OF SERVICES

The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:

• Use the Services in a manner, for purposes or with effects contrary to the law, morality and generally accepted good customs or public order;
• reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the owner of the corresponding rights or legally permitted;
• carry out any act that may be considered a violation of any intellectual or industrial property rights belonging to Mr Shisha or third parties;
• use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales or any other type of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or disclose such information in any way;

The Client shall be liable for damages of any kind that Mr Shisha may suffer, on the occasion of or as a consequence of the breach of any of the obligations set out above, as well as any other obligations included in these General Conditions and/or those imposed by law in relation to the use of the Website.

Mr Shisha will ensure at all times compliance with the current legal system and will be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the Website in the event of alleged commission, complete or incomplete, of any of the crimes or misdemeanors classified by the current Criminal Code, or in the event of observing any conduct that, in Mr Shisha 's opinion, is contrary to these General Conditions that apply to this Website, the Law, the rules established by Mr Shisha or its collaborators or may disrupt the proper functioning, image, credibility and/or prestige of Mr Shisha or its collaborators.

PROPERTY RIGHTS

All content on the Website, such as text, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Mr Shisha or third parties, whose rights in this regard are legitimately held by Mr Shisha , and are therefore protected by national and international legislation.

The use of all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited.

The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable in accordance with articles 270 et seq. of the Criminal Code.

Customers who send observations, opinions or comments to the Website by means of the email service or by any other means, in cases where the nature of the Services makes this possible, are understood to authorize Mr Shisha to reproduce, distribute, publicly communicate, transform, and exercise any other right of exploitation, of such observations, opinions or comments, for the entire period of copyright protection provided for by law and without territorial limitation. It is also understood that this authorization is given free of charge.

Any claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights on any of the Services of this Website must be addressed to the following email address: info@mrshisha.es.

EXCLUSION OF WARRANTIES AND LIABILITY

Notwithstanding the provisions of the General Terms and Conditions relating to the purchase of goods contained in this Website, Mr Shisha is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented "as is" and are accessible without any guarantees of any kind.

Mr Shisha reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical reasons, security, control, maintenance, power supply failures or for any other justified reason.

Consequently, Mr Shisha does not guarantee the reliability, availability or continuity of its Website or the Services, so the use of the same by the Client is carried out at his/her own risk and expense, without, at any time, being able to demand responsibility from Mr Shisha in this regard.

Mr Shisha shall not be liable in the event of interruptions of the Services, delays, errors, malfunctions thereof and, in general, other inconveniences that have their origin in causes beyond the control of Mr Shisha , and/or due to malicious or negligent action by the Client and/or have their origin in causes of chance or Force Majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also be understood to include, for the purposes of these General Conditions, all those events that occur outside the control of Mr Shisha , such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of Public Authorities, those produced as a consequence of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Mr Shisha has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, Mr Shisha will not assume any liability for direct or indirect damages, consequential damages and/or loss of profits.

Mr Shisha excludes all liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the Services transmitted, distributed, stored, made available or received, obtained or accessed through the Website, as well as for the Services provided or offered by third parties or entities. Mr Shisha will try as far as possible to update and rectify any information hosted on its Website that does not meet the minimum guarantees of veracity. However, it shall be exempt from liability for its failure to update or rectify, as well as for the content and information posted therein. In this sense, Mr Shisha has no obligation to control and does not control the content transmitted, distributed or made available to third parties by Clients or collaborators, except in cases where this is required by current legislation or when required by a competent Judicial or Administrative Authority.

Likewise, Mr Shisha excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the content that may cause alterations in computer systems as well as in documents or systems stored therein.

Mr Shisha is not responsible for the Client's use of the Website Services or its passwords, as well as any other material thereof, infringing intellectual or industrial property rights or any other third party rights.

The Client undertakes to hold Mr Shisha harmless from any damage, loss, penalty, expense (including, without limitation, attorneys' fees) or civil, administrative or any other liability that Mr Shisha may suffer that is related to the non-compliance or partial or defective compliance on its part with the provisions of these General Conditions or applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data included in these conditions or established in the RGPD and implementing regulations.

LINKS TO OTHER WEBSITES

Mr Shisha does not guarantee or assume any type of responsibility for damages suffered by accessing third party Services through connections, links or hyperlinks of the linked sites, or for the accuracy or reliability of the same. The function of the links that appear on Mr Shisha is exclusively to inform the Client about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal. Mr Shisha will not be responsible in any case for the result obtained through said links or for the consequences that arise from the Clients accessing them. These third party Services are provided by them, so Mr Shisha cannot and does not control the legality of the Services or their quality. Consequently, the Client must exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.

APPLICABLE LAW AND JURISDICTION

For any interpretative or contentious issues that may arise, Spanish law will apply and in the event of a dispute, both parties agree to submit, with the waiver of any other jurisdiction that may apply, to the jurisdiction of the Courts and Tribunals of the city of Alcorcón.