Legal Terms and Conditions
   
       
           

Terms of use and policy of privacy 2010 All rights reserved.

 

 

The web page and domain name www.kinkiking.com are owned by the company BIFID S.C.P.

 

In accordance with section 10 of law 34/2002, 11th of July, as regards services provided by information and electronic commerce companies, the owner is identified as:

 

 

BIFID, S.C.P.

 

C/Pare Gallissà 3, 1r, 2a, 08500 Vic (Barcelona)

E-mail:kinkiking@kinkiking.com

 

All access and participation on this web page implies prior knowledge and acceptance of the conditions and terms of use and the privacy policy.

 

 

1. The purpose of the web page

 

The purpose of the web page kinkiking.com is to offer information about its products and at the same time sell those products by means of electronic commerce.

 

 

2. Intellectual ownership

 

The rights of intellectual ownership of the web site kinkiking.com, its font code, design, navigational structure, database and all other elements contained are owned by kinkiking, whose right it remains to exercise all rights of exploitation whether it is in the form of reproduction rights, distribution, public communication or all type of transformation.

Any unauthorised use of information contained on this web site or its resale, as well as any damage to the rights of intellectual or industrial ownership by kinkiking, will give cause to the legal responsibilities as established.

 

 

3. General conditions

 

These conditions regulate the access and use of the web site kinkiking.com, to which free access is made available to web users. Access to this site implies the acceptance of these general conditions without reservation.        

 

 

4. Authorisation

 

The visualization, printing, and partial download of web content is authorised exclusively and only if the following conditions coincide:

 

1) that it is compatible with the objectives of the web page.

 

2) That it is carried out with the unique intention of obtaining information solely for personal and private use. Its use for commercial, transformational or distributional purposes or disaggregation is strictly prohibited without the specific consent of the owner.        

 

 

5. Access to the web site

 

Both access to the web page and how the information included is used is the exclusive responsibility of that person. The owner will not be responsible for any consequence, damage or harm derived from said access or use of said information. Kinkiking will not take responsibility for any possible security errors that may occur nor for any possible damage that may be caused to the user’s computing system (hardware or software), to any existing files or documents as a consequence of the existence of a virus within the user’s computer used to connect to the services and content of the web page, nor will it be held responsible for technical problems with the web browser or versions of browsers that have not been updated.

 

The owner of the web cannot guarantee the inexistence of errors as regards access to the site, its content nor that the site be permanently updated, though every effort will be made to avoid such problems and resolve and up-date them.

 

 

6. Links to other webs

 

The owner of the web site does not assume any responsibility as regards information contained on web pages of third parties to which access is made possible by way of links embedded on the web page kinkiking.com. The presence of these links has a purely informative purpose and does not in any way act as an incentive to purchase products or sign up to services that may be on offer on the designated web page. In the case that the owner is fully aware that the activity or information provided by these links is of an illicit nature, constituting a criminal act or considered damaging to the property and rights of third parties eligible for compensation, then it will take the necessary measures required to remove or disable the corresponding link as soon as possible.

 

 

7. LOPD – Organic law of Protection of data of a Personal Nature

 

These conditions regulate the access and use of the web site kinkiking.com, to which free access is made available to web users. Access to this site implies the acceptance of these general conditions without reservation.    

 

7.1 Data Collection

 

The web site owner will provide a section on which the user will be able to post comments and will also make available an e-mail address where the user may send any queries or requests for information. Via the use of this form or the e-mail address provided, the user authorises and consents to kinkiking, the automated handling of any information the user voluntarily provides for the following:

 

- The administration of the content, information or data relevant to the user’s profile as well as any content information or data generated as result of any virtual interaction between the user and the web site.

 

- The sending of information relating to the services provided by kinkiking that the user may have requested via the forms located on the web site, by e-mail or any other means.

 

- To carry out any commercial transaction with the client.

 

In any case, the client will be held responsible for the authenticity of the data provided and it will be presumed that the person providing the data is indeed the person identified.

 

In order that any transaction be carried out appropriately, it will be necessary to provide certain personal details that will be subject to automated handling by kinkiking. The file that contains this data, collected via the web page, is the property of BIFID, C/Pare Gallissà 3 1r 3a, 08500, Vic.

 

The purpose of the collection of this data is to improve the management, administration and services and to enable the identification of the people who participate in transactions, always taking into account the best possible security and reliability as regards any transaction.

 

At the same time, it will be possible to opt to receive commercial information and updates via a newsletter, whilst being able to revoke this option at any given time via the web site or by e-mail at the address of contact.

 

In the case of having carried out a transaction with kinkiking.com, it will be strictly necessary to accept the incorporation of your data onto the aforementioned automated file by accepting the Privacy Conditions as stipulated by kinkiking.com. By accepting these conditions, one thereby consents, in a free, unambiguous, specific and informed manner, the subsequent handling of one’s personal data that may be provided and that makes reference to oneself.

 

7.2. Data manipulation

 

The user will be able to exercise their right to access, rectify, oppose or cancel any of their data at any given moment by sending an e-mail to the contact address indicating what action they wish to be taken as regards their details.

 

7.3. Use of data

 

Kinkiking will protect the personal identity and information of its clients and will not sell, rent or do any kind of business with other companies as regards the use of such personal information.

 

Kinkiking will not use its client’s details under any circumstances, except as regards the transactions file as stipulated in section 1.

 

The clients’ personal details, as provided in the transactions which remain filed, will be made accessible to users and likewise to the opposing party at any given moment. No third party will be given access to this data, unless there is a judicial or administrative order issued by the regulating authorities. In such circumstances, kinkiking, if legally appropriate, will be able to show to the regulating judicial or administrative authorities that data requested with respect to a transactions or personal details relating to that same transaction.

 

Kinkiking is committed to upholding its obligation to maintain secrecy as regards any data of a personal nature, and also to uphold its duty to adopt the necessary measures in order to avoid such data’s loss, alteration, mishandling or unauthorised access.

 

7.4. Data transfer

 

Kinkiking will not transfer any obtained data to third parties for its commercial use.

 

Transfer of data will only be made to the shipping company with which Kinkiking cooperates, that being the Post Office, in order to finalise the transaction in an appropriate way. In no way can the shipping company then hold on to those details once their part in the transaction has been finalised to which they have been assigned. For any other matter in which Kinkiking may propose the transfer of data to third parties, the user shall be duly informed of this possibility at the moment in which the data is to be transferred. Kinkiking will provide the user with the identification of the recipient company and the purpose for which the data is being transferred. In any case, the consent of the user will be required to go ahead with any type of personal data transfer. Kinkiking guarantees that in any given case, the transfer of data will be carried out solely and exclusively so as to meet the legal obligations both to the client and the recipient company. 

 

7.5. Security measures

 

Kinkiking has taken the necessary and appropriate technical measures corresponding to the nature of the data collected in order to avoid its alteration, loss, misuse, extraction, mishandling or unauthorised access.

 

 

8. Hypertext links

 

As regards any links that may appear on our web page, it is necessary that they meticulously respect the rights of intellectual and industrial ownership of the web page and its contents. Links will not be permitted when they are made in a way that modifies the design of our web page, especially in a way that prevents from maintaining the framework of the originally designed web page. Neither will links be permitted that may confuse the user as to the ownership of the web page that they are visiting, for example by maintaining the URL of the original web page, nor if it may arise that the original web page makes illicit gains from the reputation, the investment or the rights of ownership.      

 

 

9. Modifications to the web site

 

At any given moment and without having to give prior notice, Kinkiking reserves the right to carry out modifications and updates with respect to the information contained on its web page as well as its configuration and presentation.

 

 

10. Responsibilities

 

Kinkiking will not take responsibility for any type of damage or harm derived from circumstances beyond its control for example: errors on lines of communication; defects to the hardware or software of the user; failure of internet connections (or of linked web pages). It cannot be guaranteed that the web page will work constantly, reliably, and in a correct way without delays or interruptions.

 

Kinkiking reserves the right to be able to modify its current stance as regards its privacy policy so as to be able to adapt to changes in legislation, changes in code types or for strategic or cooperative reasons. All this, and without having to request the consent of those affected to handle and process their data in accordance with the new privacy legislation, despite that consent not being granted according to the current privacy legislation of the web page.  

 

One main objective of kinkiking is to guarantee the privacy and confidentiality of data that is of a personal nature to the user and collected from any type of system that allows its transmission, moving along channels that are reasonably secure. Therefore kinkiking manifests its commitment to fulfilling the legislation that is currently valid at each stage of this matter.

 

Kinkiking will not be held responsible for the misuse that may occur to the content of its web page, that being the responsibility of the person who accesses and uses such content. Neither does it hold itself responsible for the information contained on the web pages of third parties to which access is made possible via links provided on the web page of kinkiking. Kinkiking doesn’t respond to and neither will it take responsibility for any type of damage or harm that may relate to the operations, availability and continuity provided by the linked sites.

 

The user is obliged to use the web page of kinkiking in accordance with that established within this policy of Privacy and Conditions of Use and at the same time is obliged to use the blog in accordance with and not against the abiding legislation and without malicious intentions in agreement with public order and good manners.

 

The open possibility of the user to leave comments on various spaces on the web page entails the acceptance of minimum rules of civility, respect of the general public and the use of good manners and common sense, all within the realms of currently applicable laws. In light of this, in the following, non-exhaustive list, it is declared that:

a) Comments or content that includes insults, defamations, threats, vexations or statements that could be seen as uncomfortable to some participants, user, person or institution will not be admitted;

 

b) comments that are considered xenophobic, racist or obscene will not be admitted;

 

c) All content that promotes illegal activity such as child pornography, terrorism, illegal racing etc or that incite violence in general are prohibited;

 

d) Any content sent from an automated robot with the intention of causing damage to the web page will be considered spam and will be eliminated.

 

On completion of a form to leave a comment, the user declares that any audiovisual material, graphics, comments, stories, news...etc that may be uploaded, exhibited, published or distributed should not infringe the rights of any third party including copyright, image rights, brand name, privacy or other personal rights or of intellectual property, while at the same time not including any denigrating, defamatory or illegal content.

 

Under no circumstances does kinkiking accept responsibility for damage that a user may cause in the instance of improper use in respect of third parties, this being the exclusive and sole responsibility of the blog user. The user will assume total responsibility for expenses and compensation that may arise as a result of any legal action that may be taken for not abiding to the laws as stipulated in the Policy of Privacy and Conditions of Use.

 

In all events, Kinkiking will collaborate as much as is necessary with the judicial authorities, if such a case arose, in order to prevent illegal activity or activity that goes against the goodwill of Kinkiking or any associated third party, to identify those users who act outside the current laws and against the Policy of Privacy and Conditions of Use.

 

Kinkiking will be able to monitor the content that users may upload to their portals, blogs or web pages with the purpose of acting as a filter for activities of an illegal nature or of malicious intent, but without assuming that kinkiking will take responsibility for content that is uploaded to its web page by users. This is simply a preventive measure in collaboration with the judicial system, with the understanding that though it is an act of collaboration, users may unintentionally and unwittingly upload content of an illegal nature and in such cases the users themselves will be responsible for any such content that is published on the web page of kinkiking.

 

 

11. Cookies

 

The web page of kinkiking uses cookies, small files that are generated on the computer of the user and that allow us to know the frequency of their visits, the most selected content and the elements of security can assist in limiting access to restricted areas. Eventually, cookies will also enable the visualisation of elements of advertising according to the predefined criteria of kinkiking, a service that will be enabled by cookies distributed by the advertising entity itself or by third parties which offer their services instead of kinkiking.

 

The user will have the option to impede the generation of cookies simply by selecting the corresponding option on their web browser.

 

 

12. Applicable jurisdiction

 

The user accepts that the applicable legislation and the Courts and Tribunals concerned as regards the interpretation or application of the terms of this contract are the Courts and Tribunals of the city of Vic, Spain, to which the user is therefore subject to, and therefore rejects any other jurisdiction. The owner reserves the right to carry out any changes it may deem necessary as regards the terms and conditions established. Any such modifications will be included and clearly outlined on the web page.