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Terms and Conditions
I.- Informative Data:
The Internet domain poema-del-mar.com is owned by the commercial entity “POEMA DEL MAR, S.A.”,an entity registered in the Reg. Mercantil de Las Palmas de GC Tomo 2069 Folio 146 Hoja GC47576 , with the address at Parcela C-2, Muelle Sanapú, Puerto de Las Palmas de Gran Canaria, 35008, Las Palmas de Gran Canaria, España, with C.I.F. number A-76169861and telephone (+34) 928.010.350, E-mail:
Copyright © POEMA DEL MAR, S.A., Puerto de la Cruz (Santa Cruz de Tenerife), 2013.
IN ANY CASE, ALL RIGHTS RESERVED:
The reproduction, distribution, open publication, public communication and use, in whole or in part, of the contents of this website, in any form or modality, without prior, express and written authorisation, including, in particular, their mere reproduction and/or making available as summaries, reviews or press reviews for commercial or directly or indirectly lucrative purposes, to which express opposition is expressed, is prohibited. The domain name of this website, poema-del-mar.com, is the exclusive property of POEMA DEL MAR, S.A.,therefore, the improper use of the aforementioned domain in the course of business would constitute an infringement of the rights conferred by its registration and will be prosecuted by the means provided by law.
The use by the user of the services contained in the poema-del-mar.com website implies the express acceptance of the following:
II.- General Conditions of Sale and Services:
a.- OBJECT:
Users should read these General Conditions of Use of this Web Portal. Use of or access to this site implies knowledge and full acceptance of the legal warnings and conditions specified below. If you do not agree with them, please do not use this website. These general conditions (hereinafter the “General Conditions”) regulate the use of all the services of the Portal, poema-del-mar.com, a website that has been created and is the property of POEMA DEL MAR S.A. Users may contact the address given at the beginning of this document:
By the mere use of this website, the user expresses full and unreserved acceptance of these terms and conditions, which may be modified by POEMA DEL MAR S.A. at any time. Users are also subject to any special conditions, notices or instruction regulations that are brought to their attention in relation to specific content or services, which complement the provisions of these General Conditions.
b.- CAPACITY:
The user and/or consumer declares that he/she is of legal age (over 18 years of age) and has the necessary legal capacity to contract the services offered by the provider on the poema-del-mar.com, also declaring that he/she accepts to be bound by this agreement and understands and fully accepts the conditions set out herein for using this website and contracting the services offered.
c.- UTILIZATION BY THE CONSUMER:
The user undertakes to use the Portal and the services in accordance with the law and these General Conditions, as well as morality, good customs and public order. Therefore, he/she will refrain from using the Portal or its services for illicit purposes, contrary to these General Conditions or harmful to the rights and interests of third parties or that in any way may damage or render them useless. Likewise, and unless prior and express authorisation has been specifically granted for this purpose by POEMA DEL MAR S.A. , the user shall refrain from obtaining or attempting to obtain any type of content, whether text, graphics, drawings, sound files, images or photographs, videos, software and in general any type of material accessible through the Portal or the services, using means other than those made available for this purpose or those normally used for this purpose on the Internet.
d.- FREE OF CHARGE NATURE OF THE SERVICES:
This Web Portal is accessible through the address poema-del-mar.com, and its use by the user is free of charge, therefore, viewing it does not require any subscription or registration. However, the contracting of certain services or products may require the User to register on the website and the prior acceptance of certain specific conditions that develop and complement these General Conditions.
e.- APPLICABLE LAW AND JURISDICTION:
The user or consumer declares that he/she accepts that the legislation applicable to the operation of this service is that of Spain, as this is the place of permanent establishment of the service provider. Therefore, the services provided here are regulated, in accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and any other regulations in this regard.
Likewise, the Judges and Courts of the domicile of the service provider, that is to say, Puerto de la Cruz, shall be competent to hear any controversy that may arise or derive from the interpretation of these conditions.
f.- DATA PROTECTION POLICY:
In accordance with the provisions of the Organic Law 3/2018, on Data Protection and guarantees of Digital Rights and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of data, POEMA DEL MAR S. A with C.I.F A-76169861 and address at Parcela C-2, Muelle Sanapú, Puerto de Las Palmas de Gran Canaria, 35008, Las Palmas de Gran Canaria, Spain, informs you that your data will be processed for the purpose of collecting the same for uses related to this company. The processing will only be carried out with your express consent, which will be understood to have been granted with the acceptance of this box. POEMA DEL MAR S.A. informs you that, by accepting this box, your data will be stored in our files until we receive written notice of your revocation of the consent given. You have the right to withdraw your consent at any time. The withdrawal of your consent will not affect the lawfulness of the processing previously carried out. You may exercise your ARCO rights (access, rectification, limitation of processing, deletion, portability and opposition / revocation) under the terms established by current legislation on data protection, by sending your request to the above address by sending a letter to POEMA DEL MAR S.A. duly completed by you, including your full name, address, telephone number, email address and a photocopy of your Identity Card or any other valid document, requesting the exercise of one or more of these rights. You may also exercise your rights at the following e-mail address info@poema-del-mar.com attaching the same aforementioned data.
g.- CONSENT TO RECEIVE ELECTRONIC NOTIFICATIONS:
The user expressly consents to receive electronic communications with advertising and commercial news from POEMA DEL MAR, S.A. and the products or services it markets or promotes. In any case, POEMA DEL MAR, S.A. makes available to users and / recipients the means of contact referred to in these conditions of sale, so that they can at any time revoke their consent and oppose the processing of their data for promotional purposes, in accordance with the provisions of art. 7. 3 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, by writing to the email address
h.- ACCURACY OF INFORMATION AND DISCLAIMER OF LIABILITY:
All information on products, services and prices offered on our website is provided in a clear and accurate manner. Likewise, POEMA DEL MAR, S.A. . makes the necessary efforts within its means to offer the information contained on the page truthfully and without typographical errors. In the event of any typographical, graphical error or misprint of this type occurring at any time, beyond the control of POEMA DEL MAR, S.A., it will be corrected immediately, and POEMA DEL MAR, S.A. declines any responsibility for this reason.
Disclaimer:
h.1.-Regarding the contents and operation of the Portal:
POEMA DEL MAR S.A. no garantiza la disponibilidad y continuidad del funcionamiento del Portal, de sus servicios y sus contenidos. Si fuera razonablemente posible, POEMA DEL MAR S.A. does not guarantee the availability and continuity of the operation of the Portal, its services and its contents. If reasonably possible, POEMA DEL MAR S.A. will give prior notice of any interruptions in the operation of the same. POEMA DEL MAR S.A. is not liable for damages of any kind that may be due to the lack of availability or continuity of the Portal or any of its services, or for failures in access to the different web pages of the Portal or those from which certain services are provided.
h.2.- Regarding the use of the Portal and services by users:
POEMA DEL MAR S.A. has no obligation and does not control the use that users make of the Portal and its services and therefore does not guarantee that the use by users is carried out in accordance with the law, these General Conditions and, where appropriate, any other particular conditions that may be established. POEMA DEL MAR S.A. is not liable for damages of any nature that may be due to the incorrect, inappropriate or inadequate use that users make of the Portal or its services.
h.3.- Regarding its own content:
The contents of all types included in the web pages of the Portal are provided in good faith by POEMA DEL MAR S.A. with information from both internal sources (own elaboration) and external to the company itself. Due to this circumstance and the large amount of information available, POEMA DEL MAR S.A. does not guarantee the total accuracy or updating of the data or texts available, although it uses its best efforts to do so. POEMA DEL MAR S.A. does not guarantee the usefulness of the Portal or its services for any particular activity or the suitability of the contents included in the web pages of the same for particular purposes, so that both access to the pages, and the use of information, content and services is done under the sole and exclusive responsibility of the user. POEMA DEL MAR S.A. warns that the images that appear on the Portal are indicative and do not represent a contractual obligation, the information, presentation and services offered on this site may be subject to periodic or occasional changes, which may be made freely by POEMA DEL MAR, S.A. without being obliged to notify users.
h.4.- Regarding the content of third parties:
The information, both own and third parties that appear on the website, poema-del-mar.com are provided without warranty of any kind as to its accuracy and updating, therefore, POEMA DEL MAR S.A. is in no way responsible, either directly or indirectly, for any content, information, communication, opinion or statement of any kind that has its origin in the user or any third person or entity and that is communicated, disseminated, transmitted or displayed through the services of the Portal.
h.5.- Errors
In relation to the above, the documents published may contain technical inconsistencies or involuntary typographical errors, for which POEMA DEL MAR, S.A. accepts no responsibility. In any case, we apologise for any such errors and undertake to correct them as soon as possible.
i.- SECURITY:
POEMA DEL MAR, S.A. makes its best efforts to have the security systems required by the regulations, in order to prevent access to our databases by third parties, therefore, the sending and forwarding of data made by the user through our website or the information he/she sends is protected with electronic security techniques on the network, in order to guarantee the secrecy of user communications, as well as the appropriate levels of protection of personal data.
j.- COOKIES:
POEMA DEL MAR S.A. uses cookies when a user browses the websites and web pages of the Portal. The purpose of using cookies is to identify the user, follow their path during visits and get to know them better in order to speed up the service offered. Cookies are only associated with an anonymous user and do not allow access to personal data or data from the hard drive of the user’s computer. Most browsers automatically accept cookies, but users can configure their browsers to notify them when cookies are received or not to accept them, without this making it impossible to access the Portal’s web pages.
k.- UNDERSTANDING AND ACCEPTANCE:
The contracting of any of the services offered by our website implies knowledge and express acceptance of these conditions. The document in which any possible contracts are formalised will be filed in a database accessible only by POEMA DEL MAR, S.A., according to the conditions contained in the “Data protection” section of the conditions of use of this website. Likewise, the customer and/or user may identify and correct any errors made when entering data by notifying POEMA DEL MAR, S.A.,as indicated in the Data Protection Policy clause herein.
l.- ANNULMENT:
If any clause included in these general conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of it that is null or ineffective, and the general conditions shall remain in force in all other respects, and such provision, or the part of it that is affected, shall be deemed not to have been included.
m.- METHOD OF PAYMENT:
Payment by credit or debit card, through Redsys, most cards such as Visa, Visa Electron, Mastercard, Maestro are accepted. Payment is made through the secure payment platform La Caixa Redsys. We do not store card numbers under no circumstances.
n.- SHIPPING:
The tickets are sent through the user area on the platform and/or by e-mail, as it is a virtual product in PDF format, which is the easiest and safest way to send them.
o.- RETURN AND CANCELLATION POLICY:
Tickets are non-refundable.