The present legal warning regulates the access and use of the service provided on the website www.openshopen.com (From this point on “Web Site” or “Openshopen”) that ALTER EGO WEB SERVICES, S.L. created for the purpose of providing a tool that allows the user of the Openshopen services to configure and dispose of a virtual store, a company website or a professional web (From this point on “Store”). ALTER EGO WEB SERVICES, S.L. (From this point on, THE ETAILERS) is a limited society with the headquarters located on C/Calàbria 169 6º 1º 08015, Barcelona Nif B55087761. The contact email address is: firstname.lastname@example.org.
ALTER EGO WEB SERVICES, S.L. subscribed to the Mercantile Registry of Barcelona, Tome 41804, Folio 1, General Section, Sheet 397510.
The service provided by OpenShopen to the users enables them to create Shops or Webs from the website , with the objective of selling or showing products and Internet services. Within the service provided by OpenShopen there exist two types of users, the contract holder that creates Shops for selling or showing products and/or services online (From this point on, the “Contract Holder”), and the user that buys the products and/or services from the online shops created by the contract holder (From this point on, the “Buyer”).
When the Contract Holder creates a Shop from the services offered on OpenShopen, he needs to know that he is the sole and unique responsible for the functioning and the data introduced on the shop he has created, as well as the operations of buying and selling that are carried out on the online shop and the handling of the Buyer’s personal data and/or end user registered on the web. Openshopen will not be responsible for the use that the Contract Holder makes of the shops that are created within the system.
Openshopen will not intervene in any way in the completion of the buying and selling operations between the Contract Holder and the Buyers, and especially, will not be involved in the reimbursement or guarantees that could have been proposed by the Contract Holder, or sanctions that can derive from the actions of the Contract Holder. Thus, when a sale comes through, the Contract Holder and the Buyer are the unique responsible for ensuring that it is carried out. To that effect, the Contract Holder is obliged to include in his conditions of contract, legal warning or similar information for customers and/or end users, the following statement: “Openshopen will not intervene in any way in the completion of the buying and selling operations carried out on this website, and will not be linked to reimbursements, guarantees, promotions and other contractual or extra contractual responsibilities, including sanctions, that could derive from these operations.”
Openshopen does not have the faculty to act in the name of the Contract Holder nor of the Buyer. Since the transaction only concerns the Contract Holder and the Buyer, Openshopen will not be implicated in the disputes that could arise between the Contract Holder and Buyer, or in the resolutions.
The Contract Holder understands and accepts that the Services are provided “AS SUCH” and “ACCORDING TO AVAILABILITY”. Openshopen declines all responsibilities for the security, reliability or availability of the Service.
Activating the service of Openshopen (From this point on “Service”), the Contract Holder states to have read, to agree and accept each and every single one of the terms and conditions of use of the service (“Conditions of use”) that are specifies in the present Agreement on the Terms and Conditions of use of Service (From this point on “Agreement”). The Agreement will come into force on the date and hour of its electronic acceptance, and will remain valid as long as the Contract Holder remains up to date with the payments of the Service contracted, and so long as both parties, Contract Holder and Openshopen, do not wish to cancel the Service.
Openshopen offers the tools for the design, the payment gateway and hosting necessary to enable the client to open his online shop.
Any new version, improvement, easiness, characteristic, functionality or tool that is added to the actual Service of Openshopen will also be subject to the Conditions of Use of the present agreement.
The failure or error on behalf of Openshopen to exercise or enforce any of the rights or dispositions of the present agreement will not represent a renouncement of that right or disposition. Openshopen reserves the right to change and update the Terms and Conditions of Use of its Service through the publication of these changes and updates on its website . In this event, Openshopen will notify the Contract Holders on its website of the payment methods, the modification carried out and the coming into force of that modification which cannot be inferior to 30 days after the notification. During this period, the Contract Holder will have the possibility of renouncing to the service without any type of penalization applied. Any agreement previously endorsed between Openshopen and the Contract Holder will be subject to what is established and gathered in the present agreement. In this way the Terms and Conditions gathered in the present agreement constitute the unique and full agreement between the Contract Holder and Openshopen.
The Contract Holder can review at any time the latest version of the Conditions of Use on www.openshopen.com. It is recommended that the Contract Holder regularly verifies the Conditions of Use in case of changed or updates that could be of importance to him.
The General Conditions of a Service Contract are the following:
The Contract Holder will have to be 18 years or older to subscribe to the services.
The Contract Holder is responsible for providing truthful data in the moment of the subscription to the services of Openshopen, and while he continues using this service, bringing real information, correct and up to date, on personal or business data, address, registered name, corporate purpose and/or any other information that could be necessary for the registration process, the elaboration of the contract and/or the continued use of the services. In this way the Contract Holder expresses and guarantees that he has every right, power and authority to accept this agreement and carry out the actions or acts indicated in it. In the case that one of the circumstances varies after the beginning of the present contractual relation, the Contract Holder will need to inform Openshopen of it immediately, the ladder being authorized by the resolution of the contract, without any compensation in favor of the Contract Holder. In the case that the modification supposes an incompatibility with the Service, Openshopen reserves the possibility of claiming an appropriate compensation.
The Contract Holder is responsible for maintaining his account and password protected and secure. In this way, the Contract Holder must at all times avoid that third parties use the service provided by Openshopen in his place. The right of the Contract Holder to use the services is non-transferrable, meaning that it is not possible to cede the whole or parts of the services to third parties, not even to any filial or company linked to the Contract Holder, nor to any other company or society with which the Contract Holder maintains any kind of shareholding or commercial action. Openshopen will not be responsible in any way for the damages or loses occasioned by non authorized accesses to the account of the Contract Holder. Openshopen will neither be responsible for other types of damages or anomaly derived from a lack of protection from the Contract Holder to maintain the account information and password secured and confidential.
The Contract Holder is responsible for all the content published on his shop (texts, images, graphics, videos, etc…) and as such must respect the current laws and rights of intellectual property for the graphic elements and the texts that are used. Openshopen will not be responsible in any way for the content of any of the shops hosted. To that effect, the Contract Holder is obliged to include in his Conditions of Contract, Legal Warning or similar information for Clients and/or end users, the following statement: “Openshopen is not responsible for the content of the present web page (text, images, graphics, videos etc…), which is used and managed exclusively by the owner, who relies on the corresponding rights, authorizations and/or abilities for its use.”
In relations to the Conditions of Use, the Contract Holder commits to using the Service provided by Openshopen in compliance to all the local, regional, autonomous, state, national and international laws, including the laws relative to the transmission of personal data in one’s country of residence or any other country in which one exercises his activity. In this sense, the Contract Holder accepts and commits to not make use of the Service provided by Openshopen to upload, insert, show, transmit, or distribute any content, product or service that: (I) is illegal, criminal, offensive, menacing, calumnious, defamatory, harassing, abusive, fraudulent, obscene, pornographic, inappropriate, or of suspicious reputation; (II) contains virus, worms, trojans, spying programs, etc… or any other code or software of destructive nature or malware, or any other form that Openshopen reasonably determines as unacceptable or inadequate; (III) infringes on the rights of intellectual property.
The violation or breach by the Contract Holder of any of the points stated above will result in the immediate and unilateral cancellation of the service on behalf of Openshopen, and the extinction of the present agreement. As a result of the termination of the service, the Contract Holder will be dispossessed of any right to claim compensation and may be subject to sanctions and judicial consequences for his actions.
Taking into consideration the importance of the privacy of the content of the Contract Holder, Openshopen reserves the right, but is not obliged to:
- a) Investigate the use that the Contract Holder makes of the Service in order to determine if there has been a breach of any law or a violation of the Agreement on the Terms and Conditions of Use of Service, or any of the terms and dispositions set out by the Intellectual Property. In this sense, Openshopen reserves the right to access, read, preserve and/or reveal any type of information or content that it reasonably believes necessary to: (I) Obey any law, regulation, legal process, or governmental request; (II) guarantee the compliance with the present agreement, including the investigation of possible breaches; (III) detect and prevent any type of fraud, security or technical issues (including, without limitations, the spam filter); (IV) respond to a request for support from the net users; (V)protect the rights, security and property of Openshopen; and (VI) summon that the Contract Holder recognizes the compliance with the legislation and application of the Terms and Conditions of Use of Service.
- b) Reject, take out and/or eliminate from any Shop (and in this case block it) the content that, according to Openshopen, is inappropriate, fraudulent, illegal, criminal, or infringes on the Terms and Conditions of Use of Service or any other disposition or term associated to the intellectual property, without the need to provide any sort of compensation.
Openshopen disposes of full liberty at any time and without previous notice to modify, cancel, improve, update, simplify new functions or versions of the Shops creased using the Service or their administrative systems, as long as it does not negatively affect the functionality of the Service.
Openshopen reserves the right at any time to reject the provision of its Service to anyone (physical or legal), company or entity, and without previous notice.
The action or attempt, by any Contract Holder or Buyer, to offend, abuse or corrupt verbally or in written, any employee, board member of Openshopen, providers, filial and/or subcontractors, will result in the immediate cancelation and termination of the Contract Holder’s account without any compensation provided.
Openshopen does not guarantee that the service will be uninterrupted, punctual, safe or free of errors and/or mistakes.
The Contract Holder understands and accepts that the content, or what resembles it, uploaded and inserted by him in the Service (at the exception of the relative economic transactions made between the Buyers and the financial entities in charge of verifying and ensuring the payments, which are transmitted in an encrypted system by the different networks through which they transit), are transmitted without being encoded by Openshopen. This includes and covers the transmission of this content: (I) through the various telecommunication networks through which it transits, is propagated and diffused; and (II) the changes to adjust and adapt to the technical requirements of the network ad mechanism connections. In no case will Openshopen, its filial, subcontractors or providers will be held responsible for any harm or loss of profit derived from the access and connection to the website www.openshopen.com.
Openshopen will not assume any obligation with respect to the results obtained with the use of the service, nor for the precision or reliability of the information obtained through the service, or that the errors contained on the software be corrected.
The Contract Holder understands and deliberately accepts that Openshopen will not be responsible for any harm, direct or indirect, accidental or special, that could result in damages, including profit loss, loss of data or other intangible losses resulting from a bad usage, or the incapacity of the Contract Holder to use the service.
Openshopen will not be responsible for the quality or origin of the products, service, information or any other material, bought or obtained by the Buyer on the shops created by the Contract Holders using the Service.
The personal information gathered by Openshopen can be stored and processed in Spain or in any country in which Openshopen, its agents, filial or subcontracts have set up installations or teams. By using the Service, the Contract Holder gives his consent to Openshopen for any type of transfer of information outside his country.
The requested services by the Contract Holder will be rendered directly by Openshopen, third parties or companies that Openshopen puts in charge of the provision of all or parts of the services. Nevertheless, Openshopen will be directly held responsible for the provision of the services to the Contract Holder. Consequently, the Contract Holder deliberately authorizes Openshopen to subcontract parts of the services requested without the need to obtain a previous consent, verbally expressed or written, and without being able to be opposed to it.
The Contract Holder detains the ownership of all the content that he has uploaded and inserted on his Shop making use of the Service. Nevertheless, by making public and showing his shop on the Internet, the Contract Holder consents and accepts that any Internet user may visualize this content. In this regard, the Contract Holder is aware and accepts that Openshopen shows, stores and/or examines the content uploaded or introduced by the former on his Shop making use of the Service.
The technical support rendered by Openshopen will be provided by email or, in any case, by the medium that Openshopen determines to be best suited according to the commercial plan or service contracted, to the Contract Holders (physical or legal body, company and entity) that own an account and are up to date with the payments to Openshopen’s Service.
The Contract Holder can cancel the use of the Services and resign the present contract at any time, with or without cause, by sending an email to the following email address: email@example.com. In this case, Openshopen will proceed to unsubscribing the Contract Holder as fast as possible, which will depend on the workload and the resources available to Openshopen at this moment.
In case of a cancelation of the Service by the Contract Holder, the account will immediately be deactivated and the data hosted in the account will be destroyed, making its recovery impossible. Once the account has been cancelled, access to it will not be admitted, not to archives or any type of content that figures within, even if the residual copies of that information may remain in our systems.
Openshopen may, at any moment and for any reason, reserve the right to:
- a) Terminate or amend the services it provides.
- b) Denounce the present Agreement.
- c) Suspend and/or cancel the service, without previous notice, to any Contract Holder, as long as there exist indications of fraud or felony through the use of the Service, or that the Agreement on the Terms and Conditions of Use, and any of the dispositions on the Intellectual Property, have been breached. This is without prejudice to any other claim or legal action Openshopen wishes to exercise.
- d) Block and suspend the service, without previous notice, to the Contract Holders that do not pay on time the periodic fee for the use of the Service contracted. After these non-payments, Openshopen will who the Contract Holder when the ladder accesses the panel of administration and control, a message inviting his to proceed to the payment. The Contract Holder will not be able to access nor use the Openshopen services as long as the payment has not been made. In case the period of non-payment is prolonged to over 30 days, Openshopen will have the right to resign and cancel the services of the Contract Holder in an immediate manner and without previous notice. Under no circumstances can any data be extracted from the account of the Contract Holder during the situation of non-payment.
Openshopen reserves the right to modify, suspend and/or interrupt the service (or part of it), with or without previous notice, at any moment and without any responsibility towards the user of the service.
Openshopen reserves the right to charge for the services provided on its website www.openshopen.com
The price list for the use of Openshopen’s services is subject to change and will be notified 30 days before its coming into force through the corresponding notice on the control panel of each service user, as well as through a publication on the website of www.openshopen.com.
The first 30 days of service are free, after that, the Contract Holder will have 7 calendar days to adquire any available payment plan to keep the service active. If within the given period Contract Holder has not adquired any plan, the store will be eliminated; however Openshopen will keep a backup for 90 calendar days from the date of this communication. To unlock it the Contract Holder will have to write an email to firstname.lastname@example.org asking for the store recovery.
The prices of the commercial plans and the services published by Openshopen on its website www.openshopen.com include the value-added tax (VAT) and any other tax or fee that could substitute it.
The payment plans associated with a free domain include a 12-months period of engagement during which if the user wanted to terminate the contract or was unable to make the payment on time, the domain will remain in the hands of ALTER EGO WEB SERVICES SL After the aforementioned period of time, the domain will be fully available to the account holder.
The payment of the periodic, monthly, trimestrial, bimestrial, or annual fees by the Contract Holder (according to the modality of payment and the commercial plan of the services contracted) will be done in advance, by means of a subscription through the payment platforms or banking entities that Openshopen with specify according to each case.
Once the Contract Holder has made the payment for the service contracted and that Openshopen has reliable evidence that the payment was confirmed, Openshopen will issue the corresponding bill to the Contract Holder. This bill will be delivered by electronic means to the email address provided by the Contract Holder on his control panel.
The Contract Holder specifically authorizes Openshopen to pass the bills generated by the services contracted via electronic means, which in any case, are authorized by the law in force and guarantee the authenticity of the origin and the integrity of the content in the bills.
For the start of the electronic invoice operations, deliberately accepted, a prior notice by the Contract Holder will not be required, since the sending of the bill via email will be sufficient.
The expressed consent to the transfer of invoice by electronic means in accordance with the implemented legislation will remain in force so long as the Contract Holder does not cancel the services contracted through Openshopen.
Openshopen will not be held responsible before the Contract Holder and/or the Buyer, or before third parties, of any modification, price change, and suspension or interruption of the Service.
In case the Contract Holder wishes to cancel the contracted services, Openshopen will not reimburse any amount of money, in whole or in parts, even though the Contract Holder has made effective the payment of the monthly, trimestrial, semestrial or annual fee for the service.