LEGAL NOTICE AND GENERAL CONDITIONS OF USE


I. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information data on this website is provided below. :

The ownership of this website, https://black-market.odoo.com, (hereinafter, Website) is held by: José Antonio Mateo Miras, with NIF: 24876039K, and whose contact information is:

Address: Avda Joan Miró, 35, 3º, 07015 Palma, Balearic Islands, Spain

Contact telephone: +34 630491672

Contact email: blackmarketafrica@gmail.com

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated in both the screen interfaces and the navigation tree (hereinafter, Contents) and all those online services or resources that it offers to Users (hereinafter, Services).

Black Market reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Content and Services that may be incorporated therein. The User acknowledges and accepts that at any time Black Market may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.

Access to the Website by the User is free and, as a general rule, is free without the User having to provide any compensation to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided. by the access provider that the User has contracted.

The use of any of the Content or Services of the Website may be done through the User's prior subscription or registration.

The user

Access, navigation and use of the Website, as well as the spaces enabled to interact between Users, and the User and Black Market, such as comments and/or blogging spaces, confers the status of User, for which They accept, from the moment they begin browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the above, the User is recommended to read them every time they visit the Website.

The Black Market Website provides a wide variety of information, services and data. The User assumes responsibility for correct use of the Website. This responsibility will extend to:

  • A use of the information, Content and/or Services and data offered by Black Market without it being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the operation of the Website itself.
  • The veracity and legality of the information provided by the User in the forms issued by Black Market for access to certain Content or Services offered by the Website. In any case, the User will immediately notify Black Market about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers and /or passwords, in order to proceed to their immediate cancellation.

Black Market reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attack youth or childhood, order or public safety or that, in your opinion, are not appropriate for publication.

In any case, Black Market will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.

Mere access to this Website does not imply establishing any type of commercial relationship between Black Market and the User.

Always in compliance with current legislation, this Black Market Website is aimed at all people, regardless of age, who can access and/or browse the pages of the Website.

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

Black Market does not guarantee the continuity, availability and usefulness of the Website, or the Contents or Services. Black Market will do everything possible to ensure the proper functioning of the Website, however, it is not responsible nor does it guarantee that access to this Website will not be uninterrupted or that it will be error-free.

Nor is it responsible or guaranteed that the content or software that can be accessed through this Website is free of error or causes damage to the User's computer system (software and hardware). In no case will Black Market be responsible for losses, damages or losses of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.

Black Market is also not responsible for any damage that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for any telecommunications drops, interruptions, lack or defect that may occur.

IV. LINK POLICY

It is reported that the Black Market Website makes or may make available to Users link means (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and /or managed by third parties.

The installation of these links, directories and search engines on the Website is intended to facilitate Users' search for and access to the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them. .

Black Market does not offer or market, by itself or through third parties, the products and/or services available on said linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites other than its property that can be accessed through the links.

Black Market will under no circumstances review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material existing on the aforementioned linked sites.

Black Market does not assume any responsibility for any damages that may occur due to the access, use, quality or legality of the content, communications, opinions, products and services of websites not managed by Black Market and that are linked on this Site. Web.

The User or third party who makes a hyperlink from a web page of another, different, website to the Black Market Website must know that:

Total or partial reproduction of any of the Contents and/or Services of the Website is not permitted without express authorization from Black Market.

Nor is any false, inaccurate or incorrect statement permitted regarding the Black Market Website, nor its Contents and/or Services.

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by Black Market.

The establishment of the hyperlink will not imply the existence of relations between Black Market and the owner of the website from which it is made, nor the knowledge and acceptance of Black Market of the contents, services and/or activities offered on said website, and vice versa. .

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

Black Market, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, with both Spanish and Community regulations in this field, as well as international treaties related to the matter and signed by Spain, being applicable to them.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. on any medium and by any technical means, without the authorization of Black Market.

The User agrees to respect the intellectual and industrial property rights of Black Market. You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website.

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the intellectual property protection rights, they must immediately notify Black Market through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.

SAW. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

Black Market reserves the right to file civil or criminal actions that it deems necessary for improper use of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and Black Market will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction, submitting to the corresponding judges and courts in accordance with the law.


GENERAL CONDITIONS OF SALE


1. GENERAL INFORMATION


This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (https://black-market.odoo.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that Black Market carries out through the Website includes:

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and privacy policy. Black Market data protection. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with All of this, you should not use this Website.

Likewise, it is reported that these Conditions may be modified. The User is responsible for consulting them every time they access, browse and/or use the Website since those that are in force at the time the purchase of products and/or services are requested will be applicable.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore, from the moment navigation through the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for correct use of the Website. This responsibility will extend to:

  • Use this Website only to make inquiries and legally valid purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it may be canceled and the relevant authorities will be informed.
  • Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The Website is aimed mainly at Users residing in Spain. Black Market does not ensure that the Website complies with the laws of other countries, either totally or partially. Black Market declines all responsibility that may arise from said access, nor does it guarantee shipments or provision of services outside of Spain.

The User may formalize, at their choice, with Black Market the purchase and sale contract of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users can purchase on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of https://black-market.odoo.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally , click on: "Payment process"

Likewise, the User must fill out and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that Black Market has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. Likewise, the User can, if they wish, obtain a copy of their paper invoice, requesting it from Black Market using the contact spaces on the Website or through the contact information provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown together with the presentation or, where appropriate, image of it on their page. of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and/ o cost of services; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Black Market is not the manufacturer of the products sold or that may be marketed on the Website. Although Black Market makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than that which appears on the Website. . Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions that accompany the product.

4. AVAILABILITY

All purchase orders received by Black Market through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the Provision of services. If difficulties arise regarding the supply of products or there are no products left in stock, Black Market undertakes to contact the User and refund any amount that may have been paid as payment. This will also be applicable in cases in which the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially with regard to VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, Black Market carries out delivery and/or shipping services through: Correos España.

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted payment methods will be: Credit or debit card, and PayPal

Credit cards will be subject to verification and authorization by the issuing banking entity. If said entity does not authorize payment, Black Market will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User. .

Once Black Market receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, where applicable, place.

If the payment method is PayPal, the charge will be made at the time Black Market sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "Payment Process" the User confirms that the payment method used is theirs.

6. DELIVERY

In cases where it is necessary to physically deliver the contracted good, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason attributable to it, Black Market cannot meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to continue with the purchase by establishing a new delivery date or cancel the order. with full refund of the price paid. In any case, home deliveries are made on business days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location in the agreed time slot, they must contact Black Market to arrange delivery on another day.

If 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to Black Market, Black Market will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of additional expenses resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must keep in mind that the transportation derived from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Black Market receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place in a moment after complete receipt of the amount to be paid by Black Market.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting Black Market through the contact spaces. enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal space connecting to the Website.

In any case, the User, before clicking on "Payment Process", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679. of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases in which the User purchases products on or through the owner's Website, they are entitled to a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Black Market Website or in the event that the goods that make up your order is delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of If it is a service contract, 14 calendar days from the day the contract was signed.

To exercise this right of withdrawal, the User must notify Black Market of their decision. He may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Black Market makes available as part annexed to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, Black Market will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without no undue delay and, in any case, no later than 14 calendar days from the date on which Black Market is informed of the User's decision to withdraw.

Black Market will reimburse the User using the same payment method used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Black Market could withhold said refund until it has received the products or items purchased, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Black Market at: Black Market, Avda Joan Miró, 62, 07015 Palma, Illes Balears, Spain

And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which Black Market was informed of the decision to withdraw.

The User acknowledges that he or she is aware that he or she must assume the direct cost of returning (transport, delivery) of the goods, if any are incurred. Furthermore, he will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that may deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery; provision of digital content without physical support.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with their recognition that they are aware that, once the contract has been fully executed by Black Market, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond simply opening it, products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

At the following link you can download the Model withdrawal form:  withdrawal form

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, they must contact Black Market immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where applicable, the replacement is appropriate. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always apply.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, Black Market being responsible, therefore, for the lack of conformity of the same as manifested within a period of three years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Black Market and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products sold on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and They will not be a defect.

On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them during the three years following the delivery of said products. To do this, the User must have kept all the information related to the product warranty.

9. DISCLAIMER

Unless otherwise provided by law, Black Market will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on your part;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, Black Market also limits its liability in the following cases:

  • Black Market applies all measures to provide a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used. others of this kind.
  • Black Market will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service over the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Black Market uses all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous events or force majeure.
  • Black Market will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Black Market will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
  • In general, Black Market will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Black Market will have an extension in the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. Black Market will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most communications with Black Market will be electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Black Market sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with Black Market through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Black Market may contact and/or notify the User at their email address or at the postal address provided.

11. WAIVER

No waiver by Black Market of a specific legal right or action or the lack of requirement by Black Market for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with its obligations.

No waiver by Black Market of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. ENTIRE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Black Market in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.

The User and Black Market acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to Black Market in the course of a transaction on the Website will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Black Market and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send Black Market their complaints, claims or any other comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Black Market has official complaint forms available to consumers and users, which they can request from Black Market at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between Black Market and the User, the User as a consumer may request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council. , of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.



COOKIES POLICY


Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each User "on the different devices that they may use to browse" so that the server remembers certain information that will later be read by only the server that implemented it. Cookies make browsing easier, more user-friendly, and do not damage the browsing device.

Cookies are automatic procedures for collecting information related to the preferences determined by the User during their visit to the Website in order to recognize them as a User, and personalize their experience and use of the Website, and they can also, for example, help to identify and resolve errors.

The information collected through cookies may include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and after the Website. However, no cookie allows it to contact the User's telephone number or any other means of personal contact. No cookie can extract information from the User's hard drive or steal personal information. The only way for the User's private information to be part of the Cookie file is for the user to personally provide that information to the server.

Cookies that allow a person to be identified are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the User's consent will be necessary for their use. This consent will be communicated, based on an authentic choice, offered through an affirmative and positive decision, before the initial, removable and documented treatment.

Own cookies

They are those cookies that are sent to the User's computer or device and managed exclusively by Black Market for the best functioning of the Website. The information collected is used to improve the quality of the Website and its Content and your experience as a User. These cookies allow us to recognize the User as a recurring visitor to the Website and adapt the content to offer content that fits their preferences.

Social media cookies

Black Market incorporates social network plugins, which allow access to them from the Website. For this reason, social network cookies may be stored in the User's browser. The owners of these social networks have their own data protection and cookie policies, being themselves, in each case, responsible for their own files and their own privacy practices. The User must refer to them to find out about these cookies and, where applicable, the processing of their personal data. For information purposes only, the links where you can consult these privacy and/or cookie policies are indicated below:

Disable, reject and delete cookies

The User can disable, reject and delete cookies “totally or partially” installed on their device through the settings of their browser (including, for example, Chrome, Firefox, Safari, Explorer). In this sense, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must follow the instructions provided by the Internet browser he or she is using. In the event that you reject the use of cookies "in whole or in part" you may continue using the Website, although the use of some of its features may be limited.

WEBSITE PRIVACY POLICY


I. PRIVACY AND DATA PROTECTION POLICY

Respecting the provisions of current legislation, Black Market (hereinafter also Website) undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected.

Laws that this privacy policy incorporates

This privacy policy is adapted to current Spanish and European regulations regarding the protection of personal data on the internet. Specifically, it respects the following rules:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free circulation of these data (GDPR).
  • Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPD-GDD).
  • Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of Organic Law 15/1999, of December 13, on the Protection of Personal Data (RDLOPD).
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE).

Identity of the person responsible for the processing of personal data

The person responsible for the processing of personal data collected in Black Market is: José Antonio Mateo Miras, with NIF: 24876039K (hereinafter, Data Controller). His contact information is as follows:

Address: Avda Joan Miró, 35, 3º

Contact telephone number: 630491672

Contact email: blackmarketafrica@gmail.com

Registration of Personal Data

In compliance with the provisions of the RGPD and the LOPD-GDD, we inform you that the personal data collected by Black Market, through the forms extended on its pages, will be incorporated and processed in our file in order to facilitate, expedite and comply the commitments established between Black Market and the User or the maintenance of the relationship established in the forms that the User fills out, or to respond to a request or query from the User. Likewise, in accordance with the provisions of the RGPD and the LOPD-GDD, unless the exception provided for in article 30.5 of the RGPD applies, a record of processing activities is maintained that specifies, according to its purposes, the processing activities. carried out and the other circumstances established in the RGPD.

Principles applicable to the processing of personal data

The processing of the User's personal data will be subject to the following principles included in article 5 of the RGPD and in article 4 and following of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of the digital rights:

  • Principle of legality, loyalty and transparency: the User's consent will be required at all times following completely transparent information about the purposes for which personal data is collected.
  • Purpose limitation principle: personal data will be collected for specific, explicit and legitimate purposes.
  • Data minimization principle: the personal data collected will only be strictly necessary in relation to the purposes for which they are processed.
  • Accuracy principle: personal data must be accurate and always up to date.
  • Principle of limitation of the conservation period: personal data will only be maintained in a way that allows the identification of the User for the time necessary for the purposes of its processing.
  • Principle of integrity and confidentiality: personal data will be treated in a way that guarantees its security and confidentiality.
  • Principle of proactive responsibility: the Data Controller will be responsible for ensuring that the above principles are met.

Categories of personal data

The categories of data processed in Black Market are solely identifying data. Under no circumstances are special categories of personal data processed within the meaning of Article 9 of the GDPR.

Legal basis for the processing of personal data

The legal basis for the processing of personal data is consent. Black Market undertakes to obtain the express and verifiable consent of the User for the processing of their personal data for one or more specific purposes.

The User will have the right to withdraw their consent at any time. It will be as easy to withdraw consent as it is to give it. As a general rule, withdrawal of consent will not condition the use of the Website.

On occasions in which the User must or can provide their data through forms to make queries, request information or for reasons related to the content of the Website, they will be informed if the completion of any of them is mandatory. because they are essential for the correct development of the operation carried out.

Purposes of the processing for which personal data are intended

Personal data is collected and managed by Black Market in order to facilitate, expedite and fulfill the commitments established between the Website and the User or the maintenance of the relationship established in the forms that the latter fills out or to attend to a request. request or query.

Likewise, the data may be used for commercial personalization, operational and statistical purposes, and activities specific to the corporate purpose of Black Market, as well as for the extraction, storage of data and marketing studies to adapt the Content offered to the User, as well as how to improve the quality, operation and navigation of the Website.

At the time the personal data is obtained, the User will be informed about the specific purpose or purposes of the processing for which the personal data will be used; that is, the use or uses that will be given to the information collected.

Retention periods of personal data

Personal data will only be retained for the minimum time necessary for the purposes of its processing and, in any case, only for the following period: 18 months, or until the User requests its deletion.

At the time the personal data is obtained, the User will be informed of the period for which the personal data will be retained or, where this is not possible, the criteria used to determine this period.

Recipients of personal data

The User's personal data will not be shared with third parties.

In any case, at the time the personal data is obtained, the User will be informed about the recipients or categories of recipients of the personal data.

Personal data of minors

Respecting the provisions of articles 8 of the RGPD and 7 of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, only those over 14 years of age may grant their consent for the processing of your personal data lawfully by Black Market. If it is a minor under 14 years of age, the consent of the parents or guardians will be necessary for the treatment, and this will only be considered lawful to the extent that they have authorized it.

Secrecy and security of personal data

Black Market undertakes to adopt the necessary technical and organizational measures, according to the level of security appropriate to the risk of the data collected, so that the security of personal data is guaranteed and accidental or accidental destruction, loss or alteration is avoided. unlawful use of personal data transmitted, stored or otherwise processed, or unauthorized communication or access to such data.

However, because Black Market cannot guarantee the impregnability of the Internet or the total absence of hackers or others who fraudulently access personal data, the Controller undertakes to inform the User without undue delay when a violation occurs. of the security of personal data that is likely to entail a high risk to the rights and freedoms of natural persons. Following the provisions of Article 4 of the GDPR, a breach of personal data security is understood to be any breach of security that causes the accidental or unlawful destruction, loss or alteration of personal data transmitted, preserved or otherwise processed, or unauthorized communication or access to said data.

The personal data will be treated as confidential by the Data Controller, who undertakes to inform and guarantee through a legal or contractual obligation that said confidentiality is respected by its employees, associates, and any person to whom it makes the information accessible. information.

Rights derived from the processing of personal data

The User has over Black Market and may, therefore, exercise against the Data Controller the following rights recognized in the RGPD and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights:

  • Right of access:  It is the User's right to obtain confirmation of whether or not Black Market is processing their personal data and, if so, to obtain information about their specific personal data and the processing that Black Market has carried out or is carrying out, as well as as, among others, the information available on the origin of said data and the recipients of the communications made or planned for them.
  • Right to rectification:  It is the User's right to have their personal data modified that turns out to be inaccurate or, taking into account the purposes of the treatment, incomplete.
  • Right to deletion ("the right to be forgotten"):  It is the right of the User, provided that current legislation does not establish otherwise, to obtain the deletion of their personal data when they are no longer necessary for the purposes for which they were collected. or treaties; the User has withdrawn his consent to the treatment and this does not have another legal basis; the User opposes the treatment and there is no other legitimate reason to continue with it; the personal data have been processed unlawfully; personal data must be deleted in compliance with a legal obligation; or the personal data have been obtained as a result of a direct offer of information society services to a minor under 14 years of age. In addition to deleting the data, the Controller, taking into account the available technology and the cost of its application, must take reasonable measures to inform those responsible who are processing the personal data of the interested party's request to delete any link to those personal data.
  • Right to limitation of processing:  It is the User's right to limit the processing of their personal data. The User has the right to obtain the limitation of processing when he challenges the accuracy of his personal data; the treatment is illicit; The Data Controller no longer needs the personal data, but the User needs it to make claims; and when the User has opposed the treatment.
  • Right to data portability:  In the event that the processing is carried out by automated means, the User will have the right to receive their personal data from the Data Controller in a structured, commonly used and machine-readable format, and to transmit them to another controller. of the treatment. Whenever technically possible, the Data Controller will directly transmit the data to that other controller.
  • Right to object:  It is the User's right not to have their personal data processed or to have their processing stopped by Black Market.
  • Right not to be subject to a decision based solely on automated processing, including profiling:  This is the User's right not to be subject to an individualized decision based solely on the automated processing of their personal data, including profiling. , existing unless current legislation establishes otherwise.

Thus, the User may exercise their rights by written communication addressed to the Data Controller with the reference "RGPD-https://black-market.odoo.com", specifying:

  • Name, surname of the User and copy of the DNI. In cases where representation is admitted, identification by the same means of the person representing the User will also be necessary, as well as the document accrediting the representation. The photocopy of the DNI may be replaced by any other legally valid means that proves identity.
  • Request with the specific reasons for the request or information you want to access.
  • Address for notification purposes.
  • Date and signature of the applicant.
  • Any document that proves the request you make.

This application and any other attached document may be sent to the following address and/or email:

Postal address: Avda Joan Miró, 35, 3º

Email: blackmarketafrica@gmail.com

Links to third party websites

The Website may include hyperlinks or links that allow access to web pages of third parties other than Black Market, and which are therefore not operated by Black Market. The owners of these websites will have their own data protection policies, being themselves, in each case, responsible for their own files and their own privacy practices.

Claims before the supervisory authority

In the event that the User considers that there is a problem or violation of current regulations in the way in which their personal data is being processed, they will have the right to effective judicial protection and to file a claim with a supervisory authority, in particular, in the State in which you have your habitual residence, place of work or place of the alleged infringement. In the case of Spain, the control authority is the Spanish Data Protection Agency (https://www.aepd.es/).

II. ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the User has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy, as well as that he accepts the processing of his personal data so that the Data Controller can proceed with it in the form, during the deadlines and for the purposes indicated. The use of the Website will imply acceptance of its Privacy Policy.

Black Market reserves the right to modify its Privacy Policy, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy will not be explicitly notified to the User. The User is recommended to consult this page periodically to be aware of the latest changes or updates.

This Privacy Policy was updated to adapt to Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the freedom circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.