GENERAL TERMS AND CONDITIONS
Accessing and using the Website makes one a User of the site, and implies the acceptance of this LEGAL NOTICE, without prejudice to the particular conditions that may be required for the use of specific and certain services.
The User shall be understood to be any person who accesses, browses or uses the site, or participates in the services and activities, whether free or paid, taking place therein. The User must read this LEGAL NOTICE carefully each time he/she intends to use the Website, as both the Notice and the Website may have been modified. Therefore, if the User does not agree with any of the conditions contained in this notice, he/she must stop using the Website immediately.
Hellberg OU reserves the right to modify and/or adapt the Website or this LEGAL NOTICE at any time without prior notice, in order to comply with any pertinent changes in current legislation or for any other purpose derived from its business model or modifications thereof, or for any other cause deemed convenient by Hellberg. The new wording of the conditions shall be published on the same Website. The validity timeframe of these general conditions shall therefore coincide with the time of their exposure, until they are totally or partially modified, at which time the modified general conditions will become effective.
Hellberg OU owns the website www.hellberg.ee and www.hellberg-shoes.com
In the event that any provision or provisions of these general conditions should be deemed null and void or inapplicable, in whole or in part, by any court, tribunal or competent administrative body, such nullity or derogation shall not affect other provisions of the general conditions or any particular conditions of the various possible services performed by Hellberg OU.
SPECIFIC REGISTRATION CONDITIONS
These Specific Registration Conditions are entered into on the one hand by the Owner of the Website, and on the other, by the User, the natural person who has completed the form to create an account and followed the steps indicated on the Website intended to carry out the registration, together with the acceptance of these Specific Conditions.
REQUIREMENTS AND PROCEDURE TO CREATE AN ACCOUNT
To create an account on the Website, the User must be a physical person of legal age, in accordance with Estonian and EU law.
Confirmation of registration and identification as a Registered User will be done via access to the Website, as set out in the welcome message sent by the Website.
In the event that the Registered User does not remember the password, he / she can use the “I forgot my password” function to reset it, indicating the e-mail address with which the registration was made, and a message will automatically be sent allowing a new password to be established via a link.
Registration on the Website allows you to purchase the products available in the online catalogue, as well as to keep a record of the purchases made. Registered Users will be able to prepare lists by selecting their favourite products and saving the information relating to payment methods and order addresses for future purchases.
OBLIGATIONS OF THE REGISTERED USER
The Registered User has the following obligations:
- Not to register multiple User accounts on the Website, nor to do so using false information or impersonating third parties.
- Not to use or attempt to use the account of another User, without authorisation or consent.
- To accept sole responsibility for all activities originating from that registered User profile on the Website.
- To ensure that the access data is kept confidential, as the User will be responsible for any damage suffered or suffered by third parties as a result of breaching these Conditions. You are also responsible for all actions taken via your Registered User profile, unless it has been deactivated or its security has been compromised due to external causes. In particular, you must:
- Keep your account up to date.
- Store the password chosen in a confidential manner.
- Make sure that you are the only User using the created account.
- Never market, sell or transfer the account to a third party.
Any registration or access to the available services using false data shall exempt the Owner from any responsibility, since the Registered User is responsible for providing their truthful data on the Website.
MODIFICATION AND CANCELLATION OF THE REGISTERED USER ACCOUNT
At any time, the Registered User may modify the data in the account created, as well as delete it by means of a communication addressed to the Owner to the e-mail account. Clients can send an email to firstname.lastname@example.org to exercise their rights to rectification and deletion at any time.
OBLIGATIONS OF USERS
Users (who become such by simply accessing and browsing the Website) must:
- Use the Website in a diligent, correct and lawful manner, respecting current legislation and acting in line with generally accepted good conduct and public order at all times.
- Periodically review these General Terms and Conditions of Use, or any others that may be applicable, checking for any changes that may occur.
- Review any communications that are sent, as they may contain important information.
- Never use the Website for commercial purposes, and in particular to never collect information or content for the purpose of providing services that clearly compete with those of the Owner.
- To never in any way modify (or try to modify) the Website, or undertake any actions or use any resources imitating its appearance or functions.
- To never damage, disable, overload or impair the service (or the network or networks connected to the service), or interfere with its use and enjoyment by others.
- To refrain from carrying out any action that involves the introduction of viruses, worms, trojan horses or any other kind of malicious code designed to interrupt, destroy or limit the functionality of the Website.
- To not use reverse engineering techniques, decryption, decompilation or any other system or process intended to uncover the source code of the Website.
- To never under any circumstances undertake any kind of act that may infringe upon the rights or interests of the Owner or any third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright rights, trade secrets, etc.).
INTELLECTUAL & INDUSTRIAL PROPERTY RIGHTS
Hellerg OU owns the copyright to all the elements that make up the Website as covered by this discipline, which in particular shall be understood to mean the texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information and other content, either through original ownership that grants an exclusive exercise for the rights to exploit all or part of the content, either by having obtained the relevant licenses for use or assignments of rights to all or some of the elements contained in the copyrighted Website.
Likewise, Hellberg OU can also claim industrial property of the distinctive signs contained in the Website that are subject to this discipline, in a manner similar to the previous case, either as the original owner or as a licensee.
Under no circumstances shall the User’s access to and browsing of the Website imply any waiver, transfer, licensing or total or partial reassignment of said intellectual and industrial property rights by Hellberg OU.
Any infringement by the User of the intellectual and industrial property rights which protect the content of the Website, or any unauthorised use of these elements, will incur the responsibilities established in the current applicable legislation.
EXEMPTION FROM LIABILITY
Hellberg OU does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or information disseminated through the Website, or that they are free from viruses or harmful components. Nevertheless, Hellberg OU declares that it has taken all necessary measures, within its power and the limits of current technology, to guarantee the correct and adequate functioning of the Website, and undertakes, as far as possible, to exercise normal diligence in the correction of any errors that may occur, whether technical or otherwise, provided that the prevailing circumstances do not make this impossible or difficult to execute.
On the Website, it is likely that the User will find links to other web pages using various links, banners, etc., which are managed by third parties. Hellberg OU is not responsible for the content or any other aspect of the Websites to which such links may lead. The establishment of any kind of link by the Website to any other Website does not imply that there is necessarily any kind of relationship, collaboration or dependence between Hellberg and the party responsible for the other Website.
Hellberg OU does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Website or where Hellberg OU only acts as an advertising medium or intermediary service provider.
Hellberg OU shall not be liable for any damages of any kind caused by the services provided by third parties through this page, nor for any contents, information or services to which the Website may link, nor does it guarantee the absence of viruses or other harmful components derived from such third-party services.
The Owner may sanction any Users who fail to comply with the conditions applicable to them and may potentially bar them from the Website, temporarily or indefinitely. The duration of the sanction will depend on the type of infringement. Such restriction of access will not under any circumstances mean entitlement to compensation.
Any type of damages, losses or costs (including lawyers’ and/or solicitors’ fees) arising from a breach by the User of these Conditions or any other applicable conditions incurred by the Owner shall be paid for by the User who caused them. This includes any third-party claims arising from such non-compliance.
These Conditions can be modified at any time and/or updated without notice. The changes will take effect from the date of publication on the Website, whatever the medium and form used for this purpose.
The amendments will only affect Users who had accepted them after the modification.
If any of the clauses in this LEGAL NOTICE should be declared null and void by legal imperative or have their validity diminished, this circumstance will not affect, as far as possible, the rest of its content. Any provisions declared invalid or unenforceable shall be replaced by valid provisions that match the spirit and purpose of this LEGAL NOTICE as closely as possible.
LAW AND JURISDICTION
The relationship between the Owner and the User shall be governed by Estonian law and any discrepancies or conflicts regarding these Conditions shall be submitted to the Courts and Tribunals of the User’s registered address, provided that the User is a consumer and User in accordance with the applicable regulations.