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Legal Notice

Legal Information

Article 10 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce establishes the obligation of all information society service providers to have means that allow both the service recipients and the competent bodies to have permanent, easy, direct and free access by electronic means to certain information that we provide in this section.

Data of the owner of the website www.ternua.com/www.ternua.es/www.ternua.eus:

Owner: IMPORT ARRASATE, S.L.

CIF: B20212775

Address: Polígono Industrial Kataide, 25B

20500 Arrasate-Mondragón (Guipúzcoa) – Spain

Phone: 943 71 20 34

E-mail: infor@ternua.com

Registration data: IMPORT ARRASATE, S.L. is registered in the Mercantile Registry of Guipúzcoa, Volume 1230, Folio 150, Page SS-4588, Inscription 1ª.

Conditions of use of the website:

By using the website www.ternua.com/www.ternua.es/www.ternua.eus, it is understood that the user has read, understood and accepted in full and without reservation this legal notice, the conditions of use, the privacy policy and other notices or instructions contained in this website, undertaking to make good use of the same in accordance with the law, morality and public order.

If the user does not agree, he/she must refrain from using the website www.ternua.com/www.ternua.es/www.ternua.eus.

IMPORT ARRASATE, S.l. reserves the right to modify at any time the contents, information, terms of this website, these terms of use, privacy policies and other legal notices. In this case, we will inform users through the website or by sending an informative email to those who request it so that they can decide whether they wish to continue using the website.

On the website www.ternua.com/www.ternua.es/www.ternua.eus there may be links to other sites or web pages of third parties although it assumes no responsibility for them as it has no control over them. Therefore, the user accesses under its sole responsibility both the content they offer and their conditions of use.

Copyright and intellectual property

The user acknowledges and agrees that all trademarks, trade names or logos, content, all rights of intellectual property, and / or any other elements contained in this website are the exclusive property of IMPORT ARRASATE, S.L. and / or third parties, who have the exclusive right to use them in the course of trade.

Under no circumstances does access to the website imply any kind of waiver, transmission, license or total or partial transfer of such rights, unless otherwise expressly stated.

In accordance with the above paragraph, users of this website are prohibited from reproducing, copying, transferring, distributing, modifying or any other use, in whole or in part, of the information and content of this website without the prior written authorization of IMPORT ARRASATE, S.L.

IMPORT ARRASATE, S.L. is the owner of the elements that make up the graphic design of its website, menus, HTML code, texts, trademarks, logos, color combinations, buttons, images, graphics and any other content of the website, as well as the structure, selection, arrangement and presentation of its contents or, in any case has the corresponding authorization for the use of such elements.

The contents of this website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization has been obtained from the aforementioned Entity.

Therefore, the user undertakes to use this website, its contents and services in a diligent and correct manner, in accordance with the Law, morality, good uses and customs, public order, good faith and these general conditions of use, with scrupulous respect for the intellectual property rights that correspond to IMPORT ARRASATE, S.L.

The user is expressly forbidden to use the website for illegal purposes, prohibited, harmful to the rights of others or that may in any way damage the brand, image or reputation of IMPORT ARRASATE, SL.

The user shall be liable for damages of any kind that IMPORT ARRASATE, S.L. may suffer as a result of breach of any of the obligations to which it is subject by these conditions that may apply. IMPORT ARRASATE, S.L. reserves the right to take appropriate legal action in defense of its rights.

Protection of personal data

On the website www.ternua.com/www.ternua.es/www.ternua.eus personal data are collected through various forms such as registration, newsletter, contact or through the email addresses enabled to establish contact.

Such data will be treated in accordance with the regulations in force at all times regarding the protection of personal data, and in accordance with the privacy policy described in this website, which users should read before providing their data.

In any case, in the forms used to collect personal data an informative clause has been enabled on the treatment that is made of them in each of the forms.

Commercial communications

In accordance with the provisions of Law 34/2002 of July 11, 2002, on Information Society Services and Electronic Commerce and Law 56/2007 of December 28, 2007, on Measures to Promote the Information Society, which amends it, users of the website www.ternua.com/www.ternua.es/www.ternua.eus are informed that they will not be sent advertising or commercial communications by e-mail or other equivalent means of electronic communication without their prior request or consent, which will be obtained through the corresponding forms provided for this purpose.

In the event that IMPORT ARRASATE, S.L. sends you advertising or commercial communications, they will be duly identified as such so as not to mislead you.

In any case the users will be able to oppose or express their refusal to the reception of commercial information by electronic means by sending an e-mail to infor@ternua.com, being facilitated this possibility in every communication that is sent to them.

Responsibility of the owner of the website

IMPORT ARRASATE, S.L. does not guarantee the absence of viruses or other elements in the contents, and therefore assumes no liability for any damage that may be caused to users’ equipment or systems by possible computer viruses that may have been contracted by the user’s browsing on the website.

Similarly, the owner of the website www.ternua.com/www.ternua.es/www.ternua.eus does not control or guarantee continued access, or the correct viewing, downloading or use of the elements and information contained on its website, which may be prevented, hindered or interrupted by factors or circumstances beyond its control and is not responsible in case of service interruptions, delays or malfunctions when due to causes beyond the control of IMPORT ARRASATE, S.L., force majeure, or due to a fraudulent or negligent action by the user.

IMPORT ARRASATE, S.L. assumes no responsibility for the information about us that may exist on third party websites or which can be accessed through search engines or third party links to our website www.ternua.com/www.ternua.es/www.ternua.eus.

Use of the website by minors

Access to the website www.ternua.com/www.ternua.es/www.ternua.eus is permitted to minors, although only those over 18 years of age and emancipated minors may purchase items. In the event that a minor wishes to request information from us or provide us with personal data, he or she may only do so on his or her own behalf if he or she is over 14 years of age. In the case of minors under 14 years of age, the person holding their parental authority, guardian or legal representative must do so, authorizing the latter on behalf of the former the processing of their personal data by the company, so that those who are responsible for minors assume sole responsibility for determining the services and contents of this website that are appropriate for the age of the minors in their care.

IMPORT ARRASATE, S.L. assumes no responsibility in the event that minors under the aforementioned age provide us with their personal data in breach of these obligations.

Links from other websites to www.ternua.com/www.ternua.es/www.ternua.eus

The persons or entities that intend to make or make a “hyperlink” from a web page outside IMPORT ARRASATE, S.L. to any of the pages of www.ternua.com/www.ternua.es/www.ternua.eus must submit to the following conditions:

The total or partial reproduction of any of the services or contents of www.ternua.com/www.ternua.es/www.ternua.eus is not allowed and must be subject to the following conditions:

No false, inaccurate or incorrect statement about the pages of www.ternua.com/www.ternua.es/www.ternua.eus or about the services or contents of the same shall be included.

The establishment of the “hyperlink” does not imply the existence of a relationship between IMPORT ARRASATE, S.L. and the owner of the website or portal from which it is made, nor the knowledge and acceptance of IMPORT ARRASATE, S.L. of the services and contents offered on that portal.

IMPORT ARRASATE, S.L. shall not be responsible for the contents or services made available to the public on the website or portal from which the “hyperlink” is made, nor for the information and statements included in the same.

Cookies

Cookies are small text files that are stored on the hard disk or in the memory of the computer that accesses or visits the pages of certain websites, so that the user’s preferences can be known when reconnecting. Cookies stored on the user’s hard drive cannot read the data contained therein, access personal information or read cookies created by other providers.

See cookie policies in the legal notice on “Cookies” that you have at your disposal at the bottom of this website.

Information about social networks

Through this section we want to inform users of the policies of use and data processing we do in social networks in which we have a presence.

In relation to Facebook, when a user becomes a fan of our page through the “Like” button, he/she authorizes us to use his/her personal data only in this Facebook platform for the management of our page and the communications that we maintain in a bidirectional way with our followers through chat, messages or other means of communication that the Social Network allows now and in the future.

However, this treatment will be subject to the privacy policies of this social network and that the user can consult the following link: http://www.facebook.com/policy.php. By becoming a fan we will have access to the list of members or followers who have joined us.

We also want to inform that when a user becomes a fan, the news that we publish will also appear on his wall and that, if he makes comments on ours, his comment will be accessible by the other fans as well as the name of his profile and, where appropriate, the photograph that he has on it. In any case, it is the responsibility of the user to use the Social Network.

We will not use the personal data of users for purposes other than those mentioned in previous paragraphs or to send them information through an environment other than the social network.

Regarding the rights of access, rectification, cancellation and opposition recognized by the LOPD we can only act in accordance with the possibilities that Facebook allows for this purpose, should users wish to exercise any right of this type.

However, they can unsubscribe from our page at any time by ceasing to be a fan by clicking on the button “I no longer like” so that we would no longer have access to their personal data, although Facebook may retain the comments previously made on our wall.

In relation to Twitter, when a user follows us by clicking on the “Follow” button, we will have access to the information of the people who follow us, specifically, the user’s name, photograph (in case the user has put a photograph in his profile), and comments or “Tweets” made as well as the rest of the information you have published in your profile such as users you follow and your followers, although we will not use such information.

We use the data of users who follow us on Twitter only to manage and respond to the “Tweets” or messages we exchange with them. The privacy policy governing this social network can be consulted at the following link: https://twitter.com/privacy.

Similarly, in relation to YouTube, we have access to the information of people who follow us by subscribing to our profile, specifically, the user name, photo (if the user has put a picture on your profile), and comments made to our videos.

We use the data of these users only to manage and respond to the messages we exchange with them. The privacy policy governing YouTube can be consulted at the following link: http://www.google.es/intl/es/policies/privacy/.

Finally, as for Instagram, the user must know that when you follow us, or comment on our images, we have access to your profile information that appears in the comment, for example and without limitation, your username, image (if the user has put a picture on your profile), and comments made.

This information will only be used to manage our profile on the social network as well as to manage the comments of our users. However, the processing of data is subject to the privacy policy of the social network itself that the user can consult the following link: http://instagram.com/about/legal/privacy.

In any case, it is the user’s responsibility the use of each Social Network, so IMPORT ARRASATE, S.L. does not assume any responsibility in this regard.

Applicable law and jurisdiction

The activity carried out through the website www.ternua.com/www.ternua.es/www.ternua. eus is subject to the applicable Spanish legislation in force, among others, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Royal Decree 1720/2007, of December 21, approving the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, of Personal Data Protection, Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and the Civil Code.

For any controversy or dispute arising between IMPORT ARRASATE, S.L. and the users of the website www.ternua.com/www.ternua.es/www.ternua. eus, except those arising from purchases made through the same, the parties expressly agree to submit to the jurisdiction of the Courts and Tribunals of Spain, specifically those of the city of Bergara (Guipúzcoa), expressly waiving their own jurisdiction if they have it, except in the case of disputes arising from purchases of products, in which case they shall be heard before the competent Courts and Tribunals in accordance with the provisions of Spanish procedural law.

Image rights request agreement

We love your image and know that others will benefit from seeing it on our website, social media and retailer websites. Since you are considering allowing us to publish your image, we want to make sure you have full knowledge of how we will use it.

By providing your permission, you warrant the authorship and/or ownership of the image, and that there are no other entities with ownership rights over it. You grant to Import Arrasate SL (Company to which the Ternua brand belongs) the non-exclusive and non-revocable commercial rights to reproduce the image in any form (including, but not limited to video, Internet publication, reproduction, display, e-mail, publication and distribution), either through our own services, or through services provided by third parties, worldwide in any existing or further developed media and without restriction or limitation. You agree that your image may be used by Import Arrasate SL in its original version or accompanied by illustrations, cartoons, captions, videos, artwork, textural materials or other photographs. Import Arrasate SL agrees to use commercially reasonable efforts to give you credit for your photo and provide a link to your Instagram account, however, you agree that such credit is not required and your permission to use your image is not contingent upon such acknowledgment being given.

You waive any right to inspect and/or approve the finished work in which the image will be used, as well as its advertising reproduction and any uses that may be made of such material. You further waive any royalty claims in connection with your image or our finished work.

Finally, you agree that if any item, or any portion of any item set forth herein is determined to be invalid under any statute or rule of law, then it shall be deemed omitted only to that extent and the remainder of this Image Rights Petition Agreement shall remain in full force and effect. This Image Rights Request Agreement shall be governed by the laws of Spain.

If you do not agree to these terms, we fully understand and no further action is required. We are delighted to see Ternua as part of your account and look forward to seeing the new photos you post.

Thanks again and please email us at infor@ternua.com if you have any questions.