OBJECT
This document regulates the use and conditions of access to the https://www.vibsleep.com website (hereinafter “VIBSLEEP” or the WEBSITE) by the various users (hereinafter “USER/S and/or MEMBER/S”). By accessing and using THE WEBSITE, regardless of how it is accessed, the USER or MEMBER accepts the content of these Conditions of Use.
Access to the public part of “VIBSLEEP” is free, except for the cost of connection through the data rate of the connection devices contracted by the USER.
The sale of products through the WEBSITE shall be governed by its own General and/or Specific Conditions of Sale, these Conditions of Use being relegated to a subsidiary application provided that they do not conflict with the General and/or Specific Conditions of Sale.
LEGAL NOTICE
https://www.vibsleep.com is a website with a registered domain name that was created with the intention of providing USERS and/or MEMBERS with an online sales service for personalised products and furniture.
“VIBSLEEP” does not have its own legal personality, and its owner is the legal entity listed below:
Company name: “Ecommerce del descanso S.L.U.”
C.I.F.: B73993313
Polig Industrial El Semolilla, Manzana 6, Calle N, 30649 – (Abanilla) – Murcia
Phone: 671163023
Email: info@vibsleep.com
R.Mercantil de Murcia: Hoja MU-94368 Tomo 3305 Folio 36 Inscripción 1
Subsequent references to “VIBSLEEP” in these General Conditions of Sale shall be understood to be made to the legal entity referred to in the previous paragraph.
GENERAL TERMS AND CONDITIONS
Operation of the site.
1.1. “VIBSLEEP” reserves the right to modify, at any time, unilaterally and without the need for prior notification to its users, the content, structure, operation or conditions of access to this site.
1.2. However, users of the site are aware and accept that some of the information contained therein may be incorrect, incomplete or outdated, or contain typographical errors. “VIBSLEEP” is not obliged to update the content of this site and shall not be liable for failure to update the information. It is the user’s sole responsibility to evaluate the accuracy and/or usefulness of any information, advice, opinion, or other content available through this site.
1.3. Likewise, “VIBSLEEP” reserves the right to temporarily suspend, without prior notice, access to this site to carry out maintenance, updating, improvement or repair operations.
1.4. It is prohibited for the user to use this website to send, transmit or publish any illegal, threatening, slanderous, defamatory, propagandistic, scandalous, obscene, pornographic or any other material that could give rise to civil or criminal liability in accordance with applicable law, for which the user will be responsible in any case.
1.5. Nor does “VIBSLEEP” guarantee that this web site or the servers that host it are free from viruses and other potentially dangerous software, or the availability, continuity, usefulness and infallibility of the operation of this web site, its services or its content; nor does it guarantee the legality, reliability or usefulness of the information and content provided by third parties through this web site. Translated with www.DeepL.com/Translator (free version)
1.6. In general, only natural and legal persons with sufficient legal capacity in accordance with the applicable legislation may use this site. Exceptionally, minors may use the site if they have previously obtained authorisation from their parents or legal guardians, who shall be responsible for the use made of the site by the minor in their care.
PRICING ERRORS
“VIBSLEEP” has the right to cancel an order if it contains a product with an incorrect or inconsistent price. The amount paid by the customer will be paid in full by means of a transfer or refund from the POS platform from which the payment was made.
USER BEHAVIOUR. PROHIBITIONS.
2.1. The use of the content and services offered by “VIBSLEEP” shall be at the exclusive risk and responsibility of the user.
2.2. The company does not assume any duty or commitment to verify or monitor the contents and information entered by users.
2.3. The user undertakes to use the website and all its content and services in a diligent manner, always subject to the Law, good customs, and these general conditions, always maintaining respect for other users.
2.4. Likewise, the user undertakes to make appropriate use of the materials and information contained in the website, not using them to carry out illegal or criminal activities, which infringe the rights of third parties, or which violate the regulations on intellectual and industrial property, or any other rules of the applicable legal system, being solely responsible to https://www.vibsleep.com and to third parties for the breach of what is established here. Translated with www.DeepL.com/Translator (free version)
2.5. The user undertakes not to transmit, introduce, disseminate or make available to third parties, any type of material and information contrary to the Law, morality, public order and these general conditions of use.
2.6. In any case, the user must always provide truthful information that cannot lead to any kind of confusion, as well as correct identification data, and never supplanting third parties or on their behalf.
2.7. In relation to the infringement of any irregularity, remember that the IP address of your computer is recorded by the simple access to our website.
PROTECTED AREAS OF THE WEBSITE
3.1. In general, access to the services of “VIBSLEEP” does not require a subscription or registration by the user.
3.2. The use of certain services may be subject to obtaining a personal account by registering the user. This registration shall be carried out in the manner expressly indicated on the website.
3.3. This site may contain restricted access areas, protected by identifiers and passwords or other security mechanisms. Users shall not attempt to access these restricted access areas if they are not duly authorised by “VIBSLEEP”, nor shall they attempt to circumvent or manipulate the protection mechanisms established by it.
3.4. Users who have been authorised by “VIBSLEEP” to access any of these protected areas shall be exclusively responsible for maintaining in strict confidence, and not disclosing to third parties, the identifiers, passwords and other security methods that “VIBSLEEP” makes available to them to access the protected areas. The user will therefore be solely responsible for any damage resulting from failure to keep the above-mentioned security mechanisms secret.
3.5. The user is informed that attempted unauthorized access to the restricted areas of this site may be subject to civil and/or criminal liability.
INFORMATION TRANSMITTED BY USERS
4.1. This site may contain public forums, chat rooms and other mechanisms through which users can express their opinions and exchange files in electronic format. The information, communications and files sent through these forums and rooms, together with the e-mail addresses and other communications disclosed by users will not be considered confidential material.
4.2. When users transmit or publish any type of information to this site, they are granting authorisation to “VIBSLEEP” to use said information, including, without limitation, the use, reproduction, transmission, publication or sending of said information for any purpose, including, without limitation, the reproduction, disclosure, transmission, publication or sending of said information.
4.3. “VIBSLEEP” does not assume any responsibility for the content of the information or communications sent by its users through these areas.
4.4. The user accepts that all his/her personal data will be fully transferred to Cetelem from the moment the user has started to contract the deferred payment service offered by the latter at the time of choosing the form of payment. This acceptance is extended to third parties who have to access the files for the proper performance of the contract.
EXCLUSION OF GUARANTEES AND LIABILITIES
5.1. All the information contained in this site is provided “as is”, without “VIBSLEEP” giving any guarantees of any kind, either express or implicit, regarding the accuracy, reliability and integrity of this site. “VIBSLEEP” makes no warranty, express or implied, including, but not limited to, warranties for breach of quality, merchantability or fitness for a particular purpose.
5.2. Nor does “VIBSLEEP” guarantee that this website, or the servers that host it, are free from viruses and other types of potentially dangerous software.
5.3. “VIBSLEEP” does not guarantee the availability, continuity, usefulness or infallibility of the operation of this Site, its services or its content; nor does it guarantee the reliability or usefulness of the information and content supplied by third parties through this Site. Despite the fact that “VIBSLEEP” makes every reasonable effort to guarantee the availability, access, continuity and infallibility of its operation and services, “VIBSLEEP” does not guarantee these, as they may be interfered with by numerous factors beyond its control. Consequently, it shall not be liable (within the limits established by current legislation) for damages of any kind caused to the user as a result of the aforementioned unavailability, access failures and lack of continuity.
LIMITATION OF LIABILITY
6.1. “VIBSLEEP” shall not be liable in any way for any direct or indirect damage, loss of profits or loss of data and/or customers resulting from the use by users or the impossibility of using this web site.
6.2. This site may contain hypertext links (“Links”) and references to other sites and web pages that may not be controlled by “VIBSLEEP”, in which case “VIBSLEEP” shall not be liable for the content that may appear on said pages.
6.3. The user expressly accepts to exempt “VIBSLEEP” from any liability for the acts or omissions of users based on the content hosted on this Site.
6.4. You expressly understand and agree that any content, software or other material you download or otherwise obtain through this site is done so at your own risk, and that you as a user will be solely responsible for any damage to or loss of data from your computer systems.
6.5. “VIBSLEEPhas taken all reasonable steps to ensure that the information contained in this site is correct. However, users of the site agree to be aware that some of the information contained in this site may be incorrect, incomplete or outdated, or may contain errors.
RIGHT OF EXCLUSION AND PARTIAL NULLITY
7.1. “VIBSLEEP” reserves the right to cancel, eliminate or disallow the use of all or some of the services of the web site by any user without the need for prior notice if, in its opinion, and under any circumstances, the user is making incorrect use of the same.
7.2. If a competent court decides that any of the provisions contained in these legal conditions is unlawful or void, such provision shall be excluded if legally required. The user expressly accepts that the remaining provisions not excluded will not be modified and will remain in full force.
APPLICABLE LAW AND JURISDICTION
8.1 This site is located and operated from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the conflict of laws principles being applicable. In those cases in which the user is not a consumer or user, or is domiciled outside Spain, “VIBSLEEP” and the consumer or user shall submit to the Courts and Tribunals of Valencia, expressly renouncing any other jurisdiction that may correspond to them.
8.2. If you choose to use or view this site from outside of Spain, you should note that you do so on your own initiative, and that you are responsible for compliance with applicable local laws.
DURATION AND REVISION
9.1. Despite the fact that the legal relationship between “VIBSLEEP” and the user, deriving from access to and use of the site, has an indefinite duration, this shall be deemed to have ended at the time when the company modifies these general conditions. At the moment the company announces the modification of the general conditions, and the user accesses and uses the services and contents of the site, a new legal relationship between both parties of equally indefinite character will be considered initiated.
9.2. Without prejudice to the foregoing, the company “VIBSLEEP” is entitled to suspend, interrupt or unilaterally terminate the provision of any of the services it offers at any time and without the need for prior notice or just cause.
9.3. “VIBSLEEP” reserves the right to revise these conditions of use at any time, unilaterally and without prior notice. The revised conditions will come into force as soon as they are published on this site. If the user makes regular use of this site, he or she must review the conditions regularly, and will refrain from accessing the site if he or she does not find any of the revised conditions acceptable.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the site, including, but not limited to, the trademarks, logos, graphics, images, sound and video files, software, programming code, texts, icons and names identifying services (hereinafter “the materials”) are the property of “VIBSLEEP” and are protected by current legislation on intellectual and industrial property rights.
The user’s access to this site does not imply any kind of waiver, transmission or assignment, in whole or in part, of such property rights. For this reason, access to these contents or elements does not, under any circumstances, grant the user the possibility of copying, selling, modifying, reproducing, publishing, assigning, transmitting or creating new products or services derived from the information and elements contained herein. Translated with www.DeepL.com/Translator (free version)
For this reason, users of this site may not, except with the express prior written authorisation of “VIBSLEEP”, copy, distribute, download, modify, delete, alter, publish, transmit or take advantage in any way of the materials it contains.
The user does not acquire any rights or license in relation to the service or the elements therein, except for the limited right to use the service in accordance with the applicable conditions. You may only use the content or elements to which you have access through the services of “VIBSLEEP” for your own use and needs, and you undertake not to make direct or indirect commercial use of the services or the materials, elements or information obtained through them.