TERMS OF SERVICES – ALEJANDRODELASOTA.ORG

1. Identification

In accordance with the provisions contained in the Information Society Services Act, The Alejandro de la Sota Foundation, (hereinafter referred to as the Foundation), the registered owner of the www.alejandrodelasota.org Web site, hereby informs you that its full corporate name is The Alejandro de la Sota Foundation, holder of Tax ID number G-81714784, with its registered office at Calle Bretón de los Herreros #66, 28003 Madrid (Spain).

The Alejandro de la Sota Foundation is registered under number 320 in the Ministry of Culture’s Register of Foundations.

In order to communicate with the Foundation, you can write to us at the following email address: fundacion@alejandrodelasota.org. Alternatively, you can reach us by telephone at +34 626 222 191.

2. General Terms and Conditions

2.1 Access to and use of the Alejandrodelasota.org Web site and all of the sub-domains and directories included in it, (hereinafter jointly referred to as the Web site), are subject to the terms and conditions set out in the present “Termas of Services”.

2.2. The purpose of the Web site is to promote and share knowledge about the life, work and legacy of the Spanish Architect Mr. Alejandro de la Sota.

2.3. For the purposes of the present “Terms of Service”, the information displayed and/or transmitted (including, j.e. texts, comments, news items, music clips, sounds, video clips, images, databases, multimedia products, photographs, artistic performances or executions, productions and, in general, any other creations or contents expressed in any tangible or intangible medium and/or format, whether currently known or invented in the future, whether or not subject to protection under the legal system in force with respect to intellectual and industrial property or analogous rights, collectively referred to as the Contents) may constitute an intellectual protected pursuant to article 12 of the Intellectual Property Act.

2.4 Any use of or browsing through the present Web site or its contents implies acceptance of these “Terms of Services” in full, The ALEJANDRO DE LA SOTA FOUNDATION may modify these terms or any additional terms that apply to a service to, for example, reflect changes to the law or changes to our Services. Therefore, Users should look at the terms regularly.

2.5. Users expressly and unreservedly accept that their access to and use of the present Web site and the Contents thereof are under their sole and exclusive responsibility vis-à-vis the ALEJANDRO DE LA SOTA FOUNDATION and they do not create any third party beneficiary rights.

2.6. Access to this Web site is open and free of charge and no prior subscription, registration or contracting of any of services is required,  except where otherwise indicated.

2.7. Users shall use the Web site diligently and correctly. Furthermore, Users undertake not to use it: (a) for the performance of any activities contrary to statute, public morals, proper generally accepted customs or the established law and order, or (b) for purposes or effects considered illegal, prohibited or harmful to the rights and interests of third parties; The ALEJANDRO DE LA SOTA FOUNDATION declines any and all liability that may arise from any of the above.

2.8. The ALEJANDRO DE LA SOTA FOUNDATION is not responsible for the opinions expressed by third parties through the tools provided or that may be provided in the future on its Web site; nor does it accept liability for the Content of any Web sites linked to it through these said tools.

2.9. The ALEJANDRO DE LA SOTA FOUNDATION will strive to ensure that the contents of this Web site are not pornographic, xenophobic, discriminatory or racist, and that they do not condone or encourage violence.

2.10. The alteration of this Web site by any User is hereby prohibited insofar as this may affect its contents, such as links, or similar.

2.11. Users acknowledge that The ALEJANDRO DE LA SOTA FOUNDATION does not assign or transfer in favour of Users any rights over its Web site or the Contents, nor any such rights related to the Registered Trade Marks appearing on the same, including any owned by third parties. The ALEJANDRO DE LA SOTA FOUNDATION only authorizes Users to access and use the same in accordance with the terms and conditions indicated in this “Terms of Services”. Specifically, The ALEJANDRO DE LA SOTA FOUNDATION authorizes Users to access and browse the Web site and to access the Contents included therein.

2.12. Users will not be authorized to copy, distribute (including via e-mails and the Internet), transmit, communicate, modify, alter, transform, assign or, in any other way engage in activities entailing the commercial or illegal use of the Web site or the Contents or elements comprised therein, whether partially or totally.

2.13. The information disseminated through this medium is provided solely for information purposes and The ALEJANDRO DE LA SOTA FOUNDATION reserves the right to eliminate or suspend its dissemination in whole or in part and to amend or modify the structure and contents of the portal without prior notice, with the power even to limit or not allow access to the said information. The purpose is to maintain the quality and updated nature of this information and to avoid or minimize any possible errors caused by technical failures. Nevertheless, The ALEJANDRO DE LA SOTA FOUNDATION does not guarantee that this service may not be interrupted or affected by such failures. The ALEJANDRO DE LA SOTA FOUNDATION reserves the right to implement, at any time and without the need for any prior notification, changes and updates to the information contained on this Web site or in its arrangement and presentation.

3. Links

3.1. The present Web site may contain links to other portals or Web sites not managed by THE ALEJANDRO DE LA SOTA FOUNDATION. THE ALEJANDRO DE LA SOTA FOUNDATION states that it does not exercise any control whatsoever over the said portals or Web sites, nor is it responsible for the contents of the same. Any links contained on this Web site are offered solely and exclusively by way of informative references with the purpose of facilitating access to other contents and/or services felt to be of interest.

3.2. THE ALEJANDRO DE LA SOTA FOUNDATION does not assume any kind of direct or indirect responsibility with regard to the legality, veracity, usefulness, quality or reliability of the contents and/or services not directly managed or controlled by the same, even if accessible through the Web site.

4. Intellectual and Industrial Property

4.1 THE ALEJANDRO DE LA SOTA FOUNDATION reserves all Intellectual Property rights over the Web site with regard to those elements making up its visual appearance, graphical imagery and other sensory stimuli on the pages comprising the Web site; the browsing architecture; the source code of web pages; photographs, recordings, computer programmes (hereinafter referred to as the Software), database, technology, know-how, trademarks, distinctive signs and logos.

4.2 The proprietary content and works reproduced on this Web site are protected by intellectual property law.  Their total or partial reproduction is prohibited except under the conditions and within the limits that are expressly authorized. Thus, use of any of the proprietary content on the Web site is subject to the following conditions: (i) The content of this Web site, which is the property of THE ALEJANDRO DE LA SOTA FOUNDATION, may only be used for personal and non-commercial reasons and for informative and educational purposes. This expressly includes teaching, pre-doctoral or post-doctoral research and analysis, but only if the results are not intended for commercial publication or dissemination. Users must cite the author and the source of the material used for authorised personal and educational purposes, and must expressly mention the URL address of this Web site. The use of this site and its content, as hereby authorized, is free of charge. (ii) Users are expressly authorised to view the information and elements contained therein, and to download or reproduce them privately on their computer systems, unless expressly indicated otherwise. (iii) Internet Users accessing this site are not authorised to assign, distribute or disseminate in whole or in part the elements that are the property of THE ALEJANDRO DE LA SOTA FOUNDATION comprising this Web site in any way. Nor are Users authorised to alter or modify the contents, or send it by electronic mail for purposes other than those that are authorised. It is forbidden to download or copy information and elements from this Web site, and to assign or transmit it to third parties. Nor may information and elements from this Web site be installed on any server to give third parties access to the contents belonging to the THE ALEJANDRO DE LA SOTA FOUNDATION, whether through the Internet or by any other means. (iv) THE ALEJANDRO DE LA SOTA FOUNDATION shall use all necessary legal means to prevent the unauthorised input of any elements on to this Web site by third parties unconnected to THE ALEJANDRO DE LA SOTA FOUNDATION in violation of this disclaimer and the stated authorized use. (v) THE ALEJANDRO DE LA SOTA FOUNDATION may refuse access to this Web site to any User adding unauthorized, illegal or potentially illegal content to it. In addition, THE ALEJANDRO DE LA SOTA FOUNDATION hereby reserves the right to exercise legal action in such cases, including withdrawing such content in advance or after the fact, moderating it and/or editing it. In all cases THE ALEJANDRO DE LA SOTA FOUNDATION shall co-operate with the authorities to identify those inputting or attempting to input such content. (vi) THE ALEJANDRO DE LA SOTA FOUNDATION shall be solely and exclusively responsible for the content of this Web site, which was created by THE ALEJANDRO DE LA SOTA FOUNDATION itself. However, in no way shall it be responsible for content that may have been or may be added by unauthorized third parties. (vii) THE ALEJANDRO DE LA SOTA FOUNDATION reserves the rights to exclusively exploit its intellectual property on this Web site in any form whatsoever, particularly regarding its rights of reproduction, distribution, public communication and transformation, without affecting the rights that may lie with the authors of the works reproduced on this site.

4.3 With respect to references to third-party products and/or services, THE ALEJANDRO DE LA SOTA FOUNDATION acknowledges the corresponding industrial and intellectual property rights in favour of their respective owners; their mere mention or inclusion on the Web site does not imply the existence of any rights or liability in connection with the same, nor any backing, sponsorship or recommendation unless expressly specified.

4.4 Users acknowledge and accept that, on the Web site, all rights are protected by the applicable legislation with regard to intellectual or industrial property, rights to exploit the commercial and advertising value of images and other analogous rights.

4.5 Any unauthorized use of the information contained on this Web site, as well as any harm to the Intellectual or Industrial Property rights of THE ALEJANDRO DE LA SOTA FOUNDATION will give rise to liability established by law.

4.5. The exclusive exercise of the right to exploit the same in any way lies with THE ALEJANDRO DE LA SOTA FOUNDATION, particularly the rights to reproduction, distribution, public communication (in any format) and transformation.

5. Waiver

5.1 THE ALEJANDRO DE LA SOTA FOUNDATION does not assume any liability whatsoever deriving from the connection to or contents in third-party links and/or links made by other parties to those referred to on the Web site.

5.2 Both access to this Web site and any use that may be made of the information contained on the same are the sole and exclusive responsibility of the party accessing or using the same. Users will be responsible for any and all actions carried out during their browsing through the same. Should any features requiring the identification of Users be implemented in future, they will be responsible for choosing robust passwords and reminder phrases, i.e. combinations of letters and numbers including, on systems where this is allowed, punctuation marks and special characters, that are difficult for others to guess. In particular, Users must avoid choosing words contained in a dictionary, words or expressions related with themselves (family members’ names, addresses, dates of birth, etc.) or easily guessed terms (combinations of names with months, prefixes and suffixes, etc.). THE ALEJANDRO DE LA SOTA FOUNDATION shall not be liable for any consequence, harm or damage that might arise from such access to or use of the information.

5.3 THE ALEJANDRO DE LA SOTA FOUNDATION is not responsible for any possible security errors that may arise, nor for any possible harm that may be caused to Users’ computer systems (hardware and software), files or documents stored on the same as a consequence of the presence of viruses on Users’ computers used to connect to the services and contents of the Web site, and/or defective operation of the browser or the use of browser versions that are not up to date. THE ALEJANDRO DE LA SOTA FOUNDATION does not guarantee the absence of errors when accessing this Web site or its contents, nor that the same will be up to date, although it will strive to the best of its ability to avoid, remedy or update the same, as appropriate.

5.4 THE ALEJANDRO DE LA SOTA FOUNDATION is not responsible for any harm and/or damage of any kind that may be suffered by Users or third parties as a result of: (i) the non-availability, maintenance or effective operation of the Web site, its services or contents; (ii) the lack of usefulness, veracity, adequacy or validity of the Web site, its services or its contents in order to meet the needs or expectations of Users; (iii) any third party breaching of the security measures established and used by the Web site, its contents or services for the distribution of viruses, or accessing stored data and the carrying out of unauthorized processing of same; nor (iv) in general, any use made of the Web site, its services and/or contents by Users or any third-party contrary to the terms and conditions for accessing and using the same as stipulated herein.

6. Selling and Shipping Terms and Conditions

6.1 All descriptions of products offered on ALEJANDRODELASOTA.ORG are provided for purely informational purposes, in accordance with the information and documentation provided by providers and third-party collaborators of the THE ALEJANDRO DE LA SOTA FOUNDATION.

Images and graphic representations or icons of any kind of the products offered, including trade names, trademarks, brands, distinctive signs of any kind or the names contained on the Web site are only for illustrative or clarifying purposes, to provide as much information as possible to the viewer, without having any binding character to the THE ALEJANDRO DE LA SOTA FOUNDATION.

In cases in which, owing to circumstances unconnected to THE ALEJANDRO DE LA SOTA FOUNDATION or in the case of force majeure, the product is not available after purchase, THE ALEJANDRO DE LA SOTA FOUNDATION will inform the customer by e-mail concerning the cancellation or, where applicable, partial cancellation of their order. Such partial annulment does not give right to the cancellation of the whole order, without prejudice to the exercise that the User may make of the right of cancellation according to these General Conditions. In cases in which a partial cancellation takes place because the product is unavailable, THE ALEJANDRO DE LA SOTA FOUNDATION will reimburse the price paid by the buyer, together with the shipping costs for the product, in the manner described in detail in section 6.2.

6.2 Contracts

Products will be purchased on ALEJANDRODELASOTA.ORG in accordance with the procedure established for this purpose on the Web site, under the section “Shopping Cart”.

Spanish will be the language used in the purchasing process and the User will be asked to furnish the following information:

– Billing information (including the address at which you wish to receive the order)

– Details for the form of payment selected (including the bank card with which the payment will          be made)

Once the proper forms have been filled out (“Billing Address,” “Payment Information,” and “Order Information”) and the buyer has received formal confirmation of his or her completed order, THE ALEJANDRO DE LA SOTA FOUNDATION will send an email notification to same within 24 hours confirming the receipt of his or her order and the due completion of the purchase.

When the buyer selects or clicks on the “Pay” button during the purchasing process, the buyer implicitly declares full acceptance without any reservation of all of the present General Conditions. The contract will be considered as formalized as soon as THE ALEJANDRO DE LA SOTA FOUNDATION receives payment from the buyer.

All contracts that Users can establish through the WEB SITE will be made with THE ALEJANDRO DE LA SOTA FOUNDATION.

The parties expressly agree to a right of retention of title by THE ALEJANDRO DE LA SOTA FOUNDATION, such that ownership of the product which is the object of the transaction is not transferred to the buyer until THE ALEJANDRO DE LA SOTA FOUNDATION has received the entirety of the price for the product (together with the VAT payment and shipping costs). THE ALEJANDRO DE LA SOTA FOUNDATION retains title to same and the legal actions proper to said retention of title.

In cases in which a provider informs THE ALEJANDRO DE LA SOTA FOUNDATION that the selected order (or a product from said order) is not available, THE ALEJANDRO DE LA SOTA FOUNDATION will communicate this circumstance to the User and reimburse the entirety of the order (or the part corresponding to the product in question) together with its shipping costs, by payment to a bank card or means of payment indicated by the User. THE ALEJANDRO DE LA SOTA FOUNDATION will have seven (7) business days to carry out this reimbursement, counting from the notification to the User that the product is unavailable. In no case will any right be generated in favour of the User (damages, discounts, etc.) for such a reason.

6.3 Shipping rates and items price

For orders that customers place through ALEJANDRODELASOTA.ORG, the prices applied will be those offered and shown on the Web site of the product at the time of order, unless there is an error. In all cases, THE ALEJANDRO DE LA SOTA FOUNDATION reserves the right to change prices for products offered at any time, without prejudice to billing at the price in effect at the time of the recording of the order.

Product prices include the VAT of the type in effect at the moment of purchase, as well as any other taxes that may apply. Nevertheless, said tax does not include the shipping cost of products under any circumstances, as these must be paid for separately.

Users can find detailed information about ordinary shipping costs on the Web site. These apply to standard shipments. Specific shipping costs will be provided in detail during the buying process exclusively when, whether because of the type of product, or the volume of the order, the shipping cost exceeds the standard cost shown on the WEB SITE for all orders. In such cases, shipping costs will be specified for the order in question, their total amounts being determined by the size and weight of the product being ordered and the type of shipment selected by the User-buyer.

For every order to be shipped, THE ALEJANDRO DE LA SOTA FOUNDATION will confirm and verify the product prices. In cases in which there is an error in the prices shown on the WEB SITE, THE ALEJANDRO DE LA SOTA FOUNDATION will take the following actions: (a) if the correct price is lower than what was shown on the WEB SITE, THE ALEJANDRO DE LA SOTA FOUNDATION will charge the buyer the lower of the two prices and will proceed with the shipment of the product(s); (b) if the correct price is higher than what was shown on the WEB SITE, THE ALEJANDRO DE LA SOTA FOUNDATION will contact the buyer so that the buyer can give instructions as to whether the order should proceed or be cancelled at no cost to the buyer.

6.4 Payments

The User will pay for the orders by bankcard, either credit or debit. The bankcards accepted by THE ALEJANDRO DE LA SOTA FOUNDATION are: Visa, American Express, Visa Electron, MasterCard, and other analogous cards. Payments are also accepted through the PayPal system. The total purchase price will be charged to the card number indicated by the User when the order is placed.

THE ALEJANDRO DE LA SOTA FOUNDATION uses the strongest security measures available in the business. To protect your privacy and security in online payment transactions, THE ALEJANDRO DE LA SOTA FOUNDATION uses the latest encryption techniques and secure payment gateways.

All the information that is used to execute your orders is handled in encrypted form. The one and only reason for this encryption is to facilitate later purchases on the part of the User, such that after his first purchase, the buyer only has to confirm that the information provided in the payment form and the shipping address are the same as in earlier orders, always fulfilling the security requirements established by current law. THE ALEJANDRO DE LA SOTA FOUNDATION will store data related to the purchasing process and the means of payment used by the buyer. Said information will be stored by THE ALEJANDRO DE LA SOTA FOUNDATION in accordance with what is established by the Data Protection Law and the Regulations that it implies, always applying the legally required security measures.

Nevertheless, any User who wishes to do so may exercise his or her right to remove this personal information. In order to do this, the User must write to the following address, mentioning DERECHOS LOPD: FUNDACION ALEJANDRO DE LA SOTA, Calle Bretón de los Herreros 66, 28003 Madrid.

6.5 Shipping

THE ALEJANDRO DE LA SOTA FOUNDATION agrees to deliver the product ordered in perfect condition, to the address indicated by the buyer during the purchasing process.

It is the buyer’s responsibility to facilitate the delivery of the merchandise during the working hours of the mail or courier services that carry out the deliveries. To this effect, THE ALEJANDRO DE LA SOTA FOUNDATION reserves the right to cancel the order if the merchandise cannot be delivered as a result of a fault on the part of the customer, because he or she is not at the indicated address within the established timeframe, if this has occurred on two occasions. In such a situation, THE ALEJANDRO DE LA SOTA FOUNDATION will reimburse the customer for the amount paid, after deducting the shipping costs, which will not be reimbursed.

Once the purchasing process is completed and the payment has been received in full, THE ALEJANDRO DE LA SOTA FOUNDATION will ship the products in question to the buyer. THE ALEJANDRO DE LA SOTA FOUNDATION cannot promise to ship the products within a fixed period of time since the date of shipment depends on the providers and producers. In any case, approximate dates of shipment will be provided to Users on the product pages.

THE ALEJANDRO DE LA SOTA FOUNDATION does not assume any risk in relation to the supply and distribution chain for the products. THE ALEJANDRO DE LA SOTA FOUNDATION is only obliged to ship products from the existing stock or from stock ordered from providers. The obligation to ship is conditioned by THE ALEJANDRO DE LA SOTA FOUNDATION’s receipt of the products from the providers on time. Any obligation to this effect will cease in cases in which, without any fault or negligence on the FOUNDATION’s part, the FOUNDATION does not receive the product from the providers, as long as THE ALEJANDRO DE LA SOTA FOUNDATION has informed the buyer of this circumstance immediately. In such cases, THE ALEJANDRO DE LA SOTA FOUNDATION must reimburse any amount paid to the buyer in question.

The delivery will be considered completed from the moment in which the product is turned over to the buyer at the place of delivery indicated. Risks in relation to products (loss, damage or theft) will be transmitted to the buyer form the moment that the product is handed over, in accordance with what is established in these General Conditions.

In case the product or products shipped have any defect on delivery, the buyer must point it out immediately, in writing, both to the courier company and to THE ALEJANDRO DE LA SOTA FOUNDATION, which will provide instructions on how to proceed.

6.6 Right of Cancellation

In the exercise of his or her right of cancellation, the buyer has a period of TEN (10) business days counting from the time of receipt of the order to request the return of the product or any of the products, without the need to provide any reason for the return.

In cases in which the buyer wishes to exercise their right of cancellation, the following requirements should be fulfilled:

  1. The product must be in the same state as when it was delivered, and its instructions, documentation and accessories must be with it, as must its original packaging and labels.
  2. The return must be shipped using the same box, with the return shipment number provided by THE ALEJANDRO DE LA SOTA FOUNDATION shown on the box.
  3. A copy of the purchase receipt and the delivery receipt for the product must be included. The products being returned must be indicated on these copies. To do this, the buyer must write to THE ALEJANDRO DE LA SOTA FOUNDATION using the Customer Service Form, or contact the FOUNDATION using the telephone number provided on the WEB SITE.
  4. Photographic documentation of the product that is to be returned must be sent by mail to Customer Service, if requested.

Once the return request has been received, THE ALEJANDRO DE LA SOTA FOUNDATION will have a maximum of THIRTY DAYS (30) to reimburse the amounts paid by the buyer for the product or products returned, except for the shipment costs for the product. This period will be counted from the receipt of the return request in question. During this period, THE ALEJANDRO DE LA SOTA FOUNDATION will proceed to collect the product that the buyer wishes to return at the address provided by the buyer.

THE ALEJANDRO DE LA SOTA FOUNDATION will reimburse the payment for the product using the same method of payment that was used by the buyer for the acquisition of the product or products, as soon as the returned order arrival is confirmed at the warehouse, and it is confirmed that the same is in perfect condition. The timeframe for the reimbursement of amounts paid to the buyer’s bank accounts or cards will in any case depend on the card in question and the bank that issued it.

The buyer has no right to reimbursement for returned products that are not found to be in the same conditions in which they were delivered.

Once TEN (10) business days have passed, THE ALEJANDRO DE LA SOTA FOUNDATION will not accept returns because of cancellation of product purchases.

This right of cancellation will not be applicable or valid when the products in question have been prepared according to the buyer’s specifications or have clearly been customized, or when the seals on audio or video recordings, discs or computer software have been broken by the buyer.

When the abovementioned right of cancellation is exercised, the buyer will incur the costs of the return shipment.

6.7 Warranty

Warranties and after-sales services will be governed by the provisions of the Royal Decree 1/2007 of 16 November, which approves the text of the General Law for the Defence of Consumers and Users.

7. Applicable Law and Jurisdiction

The present General Conditions are ruled by Spanish Law.

For the resolution of all controversies and questions related to this WEB SITE or the activities which take place within it, THE ALEJANDRO DE LA SOTA FOUNDATION and the User, with express renunciation of any other forum, accept Spanish Law as the governing legislation for these conditions, and for the resolution of any controversies or litigations which may result, they agree to submit to the jurisdiction of the Court and Tribunals of Madrid, the capital city, (Spain).

Version: 1 April 2013.

THE ALEJANDRO DE LA SOTA FOUNDATION