GENERAL CONDITIONS

1. IDENTIFICATION DATA

Welcome to emocionday.

The web emocionday (hereinafter EMOCIONDAY) is a service offered by "EMOCIONDAY, SL", with CIF B54036793, and address in Valencia, Calle Naturalista Rafael Cisternas, 4 planta 1 puerta 6, registered in the Mercantile Registry of Valencia, in the Volume: 9171, Book: 6454, Folio: 167, Sheet: V-138471, Registration: 2

If you have any questions about these conditions of use or need to contact us in relation to them, you can do so by going to the mail legal@emocionday.com

EMOCIONDAY SL owns, among others, the domain names and the website located at emocionday.com and the mobile application called "emocionday". In the same way, the name EMOCIONDAY and its logo are a registered trademark, so its use is exclusively reserved for its owner. The unauthorized use of the brand, logo or appearance for unauthorized commercial purposes will be prosecuted in accordance with the law.

If you use the services of our website you accept these conditions. Please read them carefully before contracting with EMOCIONDAY, registering as a user or participating in the services offered electronically. The use of the site by many users requires us to establish specific rules of use that are not intended to limit your interaction with the web if not ensure a satisfactory experience to all our users. Registering as a user implies that you have read and agree with everything regulated here and also agree to comply with it to ensure order in the use of our platform. The user will be subject to the wording updated at every moment by EMOCIONDAY.

You can only be an EMOCIONDAY user if you are of legal age.

EMOCIONDAY declines any responsibility for the consequences that may arise from the use of the contents and services included in the Website in violation of the provisions of these General Conditions of Use.

Any service provided from the EMOCIONDAY platform, as well as the possible contracts that are held from it, will be perfected in Spanish.

2.- GENERAL CONDITIONS OF USE OF THE GOODS ACQUISITION SERVICE

Through the section of the web where the products are presented, the user may select those that are of interest to make the purchase of them. At every moment the products offered will be described, the price of each one and the delivery times. The prices will include the indirect taxes that are applicable to you.

2.1. Contract

EMOCIONDAY offers the acquisition of experiences or activities that the client acquires in the form of a bonus (product) that will be redeemed before the cash service provider. EMOCIONDAY does not carry out or organize any of the activities offered. The employee of EMOCIONDAY that offers each activity is exclusively responsible for the way in which it is provided and its adaptation to the description announced on our website.

The acquisition of the bonds advertised on the web can be carried out in three (3) ways:

online on our website: www.emocionday.com (24h / day, every day) through the form on that page.
by email through the address: info@emocionday.com
by telephone through the number: 902 03 06 09 or 963810761

The people who hire a service may do so for themselves or for a third party they designate as a beneficiary of the contracted event, to whom a voucher or gift voucher will be sent, which either refers to a specific event or may be of a general nature and be exchanged by the beneficiary for any of the events included in the corresponding gift voucher.

The voucher is exchanged at the time of booking an activity.

The collaborator is exclusively responsible for obtaining and has declared to have obtained the necessary permits and licenses for the provision of the service. The collaborator guarantees the safety, hygiene and compliance with the applicable regulations in all the services offered, not intervening EMOCIONDAY directly or indirectly in the definition or in the realization of the activity. The collaborator will respond to the final consumer of any discrepancy between the announced service and the actual service performed. The collaborator claims to have sufficient civil liability insurance to cover the damages to the contracting consumers that may arise from the performance of the service.

When you make a purchase we understand that you have accepted these conditions, understanding its content and adjusting your expectations to what is regulated here. In case of doubt about any of its clauses do not hesitate to contact our support service. When a product is offered with special or different conditions, these will be clearly indicated in the product file. The special rule for the description of a product is always preferred to the general rule established in these conditions.

The purchase process is carried out through the use of a cart in which the chosen products are accumulated. Once the selection of the products you wish to purchase is completed, you must indicate your personal data, register or log in if you have a profile already created in the store and proceed to pay the price indicated as total. The contract will be formalized and will be obligatory once payment has been made by one of the means accepted by our website.

We ask that before completing your purchase verify that the data that appear in your order are correct and correspond to the product you want to buy. If there is an error, communicate it quickly. It can only be corrected before the processing of the order has begun.

Before formalizing your order, check that the identification and address information for the delivery of the products, in case it includes shipping, is complete and correct.

EMOCIONDAY will attend through its website only those orders that have as destination the Spanish territory, including Peninsula, Balearic Islands, Canary Islands and the cities of Ceuta and Melilla. Under these conditions, orders destined to be separated from mail will not be understood; or other destinations that are outside of Spanish territory. To place orders with destination outside of Spain, you must contact the customer service at the e-mail address info@emocionday.com

The acquisition of the experience bonus requires the subsequent reservation of the date of the same by the client in the manner indicated in each bond. All experiences are subject to availability by the operator and in some cases to weather conditions. EMOCIONDAY is not responsible for the lack of availability for a specific day.

2.2. Returns

Our customers have the right to return the products within 14 days from the time of receipt, without costs by the consumer, in accordance with the right of withdrawal recognized in the Law of Protection of consumers and users. Exceptions are all those products that have been elaborated in a personalized or customized way. It is understood that the product is made to measure when the customer can choose the measure in the application and is not a combination predisposed by our store beforehand.

In the same way, the cases in which, after the purchase of the product, reservation of date for the enjoyment of the acquired experience that involves preparation or availability by the provider, have been made.

EMOCIONDAY offers its customers a standardized form to exercise their right of withdrawal here

After the fourteen calendar days with the right of withdrawal, there is no cancellation or refund of the price paid.

However, EMOCIONDAY, at the request of the user, is authorized to admit the change of services contracted by others, which will only be possible if EMOCIONDAY consents. In this case, if the new service has a higher price, the contracting party must pay the difference, and if the price is lower, it can be used by the beneficiary for future purchases, within the term of the original service.

In the case of tickets to a show, cancellations or reimbursements of the price paid are not allowed, in accordance with Article 103 of Law 3/2014.

2.3. Prices, availability and changes

All prices include legally applicable taxes (VAT).

They will be excluded from any discount, by promotion, discount code or similar gift vouchers for a specific amount and all those products that already have a discount or promotion applied. Additionally, discounts and promotions are not cumulative.

At all times we try to maintain the greatest correction in the price information that is advertised. In the event that, due to a specific and involuntary error, the indicated price does not correspond to the actual price, and fundamentally in those cases in which the price offered is lower than the purchase price, we reserve the right to terminate those contracts before proceeding to processing.

All the products offered in our on-line store and on-line catalogs linked to it are subject to availability. We try to keep our online catalogs updated immediately, and to warn in our online store of those items not available at all times. In the unlikely event that we can not supply a product, for example, due to unforeseen circumstances or the impossibility of the employee, we will contact the Customer to inform them of such event within a short period of time that usually does not exceed approximately two working days from the realization of the reservation. In such case, the Client may use his experience with other alternative collaborators. If such a possibility is not to your liking, or if it is not possible to provide the requested experience, the Customer may cancel without any cost the order of those products, with immediate refund of any amount that would have been paid for it, thus ending any type of responsibility of the company in front of the Client.

The provision of the services contracted in the voucher or gift voucher will be subject to expiration, so that the services will have to be used within a period of 12 months from the contracting date, unless a description of the activity is indicated in the description of the activity. different term. After the deadline without requesting the service, the beneficiary will not have the right to demand it, although it may extend it before the expiration date for a period of six months, paying the sum of € 30 in management expenses, plus the increase of price that the service has suffered before the expiration date of the voucher. The check can only be extended 1 time maximum.

If the validity period of a voucher or gift voucher expires (or, where appropriate, an extension), the amount paid will correspond to EMOCIONDAY as compensation for the availability of the service and the administrative costs of management.

In the event that the contracted services are only available for a period of time less than 12 months, if the services are not used during the period indicated in the description of the experience, the gift voucher will automatically become a gift voucher. be exchanged for any experience of the same or lower amount during the remainder of its validity period of one year from the time of purchase.

When a gift voucher is purchased, it also has a one year expiration. This gift voucher may be used as a form of payment during the validity period. If the price of what is purchased with it is lower than the value of the bond, the remaining balance must be used before the expiration date. If, on the other hand, something of higher value is acquired, it will be necessary to pay the difference.

The purchased bonus is used by reserving an activity. The reservation will be made through the means established by EMOCIONDAY. At the time of booking the voucher ceases to have value and the user will only be entitled to carry out the activity chosen in accordance with the conditions of provision set by the employee. Reservations must be made with sufficient notice, and in any case, with at least 21 days in advance, or the longer period that is set for certain services and dates indicated as Christmas, Easter or summer holidays or weekends, confirmation of reservations is necessary in writing.

In the event that for reasons of force majeure the service can not be performed on the contracted day, EMOCIONDAY reserves the right to substitute or delay the contracted services. The impossibility of carrying out the service due to mechanical failure, lack of sufficient assistants to ensure the viability of a scheduled event, lack of sufficient qualified personnel, failure by a supplier of ours, or the meteorological conditions that the prevent the celebration on the appointed day. For any of these causes or other similar causes that also cause the impossibility of providing contracted services, may be re-booked for a later date, subject always to allow the aforementioned conditions. The costs incurred by the user for the cancellation derived from causes beyond the capacity of action of this platform (such as force majeure or fortuitous event) will not be the responsibility of EMOCIONDAY.

Some of the services are subject to minimum or maximum requirements, such as, for example, age, health status, weight or height, so it is necessary to confirm the hiring of services to meet all the requirements required to enjoy the service, which they will appear on the website and in the corresponding voucher or check that can be exchanged for the service.

If after the confirmation of the contracted event, the beneficiary does not meet the established requirements, the cancellation will only be imputable to the beneficiary, who will bear all the expenses and will not have the right to return or any replacement.

The booking date of the activity can not be changed or cancelled by the user. However, EMOCIONDAY, at its own discretion and without being obliged to do so, may allow the modification of the booking when requested by the user. In this case, if the new service has a higher price, the user must pay the difference, and if the price is lower, the difference may be used by the user for future purchases, within the term of the original voucher.

2.4. Product Information

EMOCIONDAY is not the direct provider of the experiences offered on the website. While we strive to ensure that the information that appears on our website is correct, sometimes the description of the products may contain additional or different information from the one that appears on our website. The external appearance of the means used in the realization of some experience may be different from the photos presented and the components may also change.

The presentation of the experience is carried out in a faithful manner, according to the description provided by the collaborator who performs it materially. The photographs and videos that appear in the store are purely indicative.

2.5. Our responsibility

EMOCIONDAY will not be responsible for:

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

EMOCIONDAY will not be responsible for the delay in the delivery or breach of its obligations derived from the present conditions if said delay or non-compliance were attributable to circumstances beyond our reasonable control.

The guarantee of the product is offered by the collaborator who makes the experience.

2.6. Applicable law

The present conditions will be governed and interpreted in accordance with the Spanish. In case of doubt they will be interpreted according to the straight, usual sense of the written words, without distorting them with arbitrary interpretations.

2.7. Modification of the conditions of sale

EMOCIONDAY reserves the right to make changes in the products we offer, in their price and in their sales conditions. The conditions of acquisition will be those that are published at the time of formalizing the acquisition. By acquiring any of the products offered in the store space, the user will be subject to the terms and conditions, policies and terms of sale in force at the time you place your order. If any of the present conditions were declared invalid, void or for any ineffective reason, said condition will be understood to be excluded without such declaration affecting the validity or enforceability of the remaining conditions.

2.8. Transport and Shipping Costs

The cost of transport will be borne by the Customer, which will be indicated separately in the order confirmation and the resulting invoice.

The transportation price will be calculated according to the rates agreed by EMOCIONDAY.

Shipments will be made through the transport company that EMOCIONDAY considers appropriate at any time. Our shipments require the signature of the Client upon delivery.

Delivery times are approximate, and are computed based on working days (from Monday to Friday, excluding holidays) starting from the next working day to the confirmation of payment according to the means chosen for it.

The delivery times provided are indicative, not constituting the delay in the delivery essential breach of EMOCIONDAY. In case of delay in the delivery scheduled in more than 15 working days, the buyer may choose to cancel the order without any cost through your user account, or by any means that provides proof of receipt and content, in which case The amounts paid will be refunded in full and immediately, by returning the means of payment made at the time of purchase.

EMOCIONDAY will not be in any case responsible for any damages, especially loss of earnings, arising from the delay or failure to deliver the products.

Shipments are made according to the conditions of the transport company.

The lack of reception of the product can not be considered in any case withdrawal and will not give right to refund of the amount paid.

The Customer agrees to be at the place of delivery on the day established to receive the products, and to verify the conformity of the order and the perfect delivery status at the time of receipt.

It is the Client's responsibility to verify the products upon receipt and expose all the reservations and claims that may be justified in the delivery receipt document.

In the event of a claim regarding possible faults, defects, damage or deterioration of the products or packaging, the Customer must record this incident on the delivery note of the carrier, and notify them within a maximum period of two (2) days from the delivery date by email to the address info@emocionday.com; from which you will receive the appropriate acknowledgment of receipt.

If you do not receive it, you must verify the reception of your communication by contacting our customer service in the mail info@emocionday.com.

2.9 Jurisdiction

The parties submit to the Courts and Tribunals of the consumer forum when the purchaser has such status. When the purchaser is a professional entrepreneur in the exercise of their activity, as a forum for express submission, the parties are subject to the Courts of the city of Valencia.

3. GENERAL CONDITIONS OF USE OF EMOCIONDAY AND INFORMATION TO THE USER

3.1. Preamble

EMOCIONDAY SL, as the exclusive developer of the EMOCIONDAY service, makes the www.emocionday.com Website available to Internet users.

The access to and / or use of the EMOCIONDAY platform is completely voluntary and attributes the condition of USER to the person who performs it.

All USERS accept, from the moment they access, without any reservation, the content of these "General Conditions of Use", the "Data Protection Policy", the "Cookies Policy" as well as, in your case, the "Particular Conditions" that may complement, replace or modify them in any way in relation to the services and contents of EMOCIONDAY. Consequently, the USER must carefully read both before accessing and using any service of the website or the mobile application under his / her entire responsibility.

The USER can access, print, download and save the General Conditions of Use at any time. These Conditions will be permanently accessible on the Website through the link Legal Terms or similar names that will be intuitive for the user (legal notice, conditions of use, legal conditions, who we are, ..).

EMOCIONDAY reserves the right to modify, without prior notice, the content of the Legal Conditions in such a way that it recommends the User to read said Conditions each time he / she accesses and uses the EMOCIONDAY services.

Likewise, EMOCIONDAY reserves the right to modify, without prior notice, the design, presentation and / or configuration of this platform, as well as some or all of the services, and add new services.

In any case, EMOCIONDAY reserves the right, at any time and without prior notice, to deny access to this site and / or mobile applications to those users who fail to comply with any of these general conditions of use or the particular conditions they are of application. The denial of access may be made by any optimal technical means for that purpose.

3.2. Object

These General Conditions of Use regulate the access and use of the EMOCIONDAY platform.

The purpose of this website is to facilitate the acquisition of products consisting of bonds that can be exchanged for special leisure and entertainment events, the provision of which is carried out by collaborating third parties who perform it materially to the final recipients. The prices indicated include VAT and the cost of shipping costs, if any, is detailed at the time of completing the purchase. The formalization of the contract will be made when the user concludes the payment of the purchase made.

In this sense, EMOCIONDAY makes available to Internet users interested in this activity the Website www.emocionday.com, among others.

EMOCIONDAY will only provide the other users with the data and / or information provided by the USER when these data and / or information are judicially required or do not violate legal provisions or these General Conditions of Use.

EMOCIONDAY may remove illegal contents from its platform without prior notice, as well as those contents that may be considered inappropriate, or may violate the rights of third parties. The user can inform us of an inappropriate content or service that you see on our website, by sending us an email to legal@emocionday.com. We will review the object and proceed, if possible, to its withdrawal. The same can be done by other users with their content. We ask you to respect the rights of third parties when using EMOCIONDAY services.

The moderation function does not restrict or limit the freedom of expression in this platform, but facilitates the coexistence of users and the provision of the services that are the object of it.

The USER recognizes that technically it is not possible to achieve availability of the website and / or mobile applications of EMOCIONDAY 100%. However, EMOCIONDAY will endeavor to keep the website available as consistently as possible. Especially for reasons of maintenance, safety or capacity, as well as because of events over which EMOCIONDAY can not influence (for example, anomalies of public communication networks, power cuts, etc.) there may be brief anomalies, or temporary suspension of the services of the platform.

3.3. Common Obligations of Users in the Portal

The users of the web will be all those people who visit the site. Registered users will be those who, in addition to visiting, have made a registration on the web. Only registered users can access the product acquisition. All users, registered or not, are subject to the rules regulated in these legal conditions and particularly in relation to the use and respect of the web service.

The USER undertakes to make diligent use of it, and the services accessible from this platform, in full compliance with the Law, good customs and these General Conditions of Use and, where appropriate, particular conditions, as well as maintaining due respect to other users. We strive to offer the best service and act in good faith; therefore we ask that you act in the same way on our platform.

Except for the content of an informative nature, in general, the provision of services requires prior subscription or registration of users. EMOCIONDAY conditions the use of the services to the previous completion of the corresponding User registration, by activating the identifier and the password, which the user undertakes to keep and use with due diligence, keeping them secret and preventing them from being used by third parties.

The use of the account is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this regard, the User must adopt the necessary measures for the custody of access to their registration data, avoiding the use thereof by third parties. Consequently, the User is solely responsible for the use that, from said account, is made, with complete indemnity for EMOCIONDAY. In the event that the User knows, or suspects, of the use of his EMOCIONDAY account by third parties, he must inform EMOCIONDAY of such circumstance as soon as possible.

The data provided in your user record are subject to the privacy and data protection policy of EMOCIONDAY. The aforementioned registration will be made in the manner expressly indicated in the service itself.

All the information provided by the User, through the services, must be true and accurate. For these purposes, the User guarantees the authenticity of all the data communicated as a consequence of completing the necessary forms for the subscription of the Services.

Likewise, it will be the responsibility of the User to keep all the information provided to EMOCIONDAY permanently updated, so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made, and the damages caused to EMOCIONDAY, or third parties, for the information provided.

The User is obliged to respect the applicable laws and the rights of third parties, when using the contents and services of the platform. Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the Website (texts, designs, graphics, information, databases, sound and / or image files, etc.) is prohibited. logos, etc.), and other elements of this Website and mobile applications, unless previously authorized by their legitimate owners, or when this is permitted by law.

In particular, the user will be prohibited from: using injurious or slanderous content, regardless of whether that content affects other users, or other persons or companies; use pornographic content, or that violate the laws of protection of minors, or advertise, offer or distribute pornographic products, or that violate the laws of protection of minors; annoy other users (especially through spam); use legally protected contents (eg by legislation relating to intellectual property, trademarks, patents, utility models, or aesthetic models) without being entitled to it, or advertise, offer or distribute protected goods or services legally, as well as carrying out or encouraging actions contrary to free competition, including those aimed at capturing progressive customers (such as chain, snowball or pyramid schemes).

The user is prohibited from the following actions:

Use mechanisms, software or scripts, in relation to the use of the Website or mobile applications.
Block, overwrite, modify or copy, unless this is necessary for the correct use of the services of the websites. For example, copying using "Robot / Crawler" type browser technologies is not necessary for the correct use of the Website's services, which is why it is expressly prohibited.
Any action capable of damaging the functionality of the EMOCIONDAY infrastructure, especially to overload it.
To use any of the materials and information contained in this platform for illicit purposes and expressly prohibited in these General Conditions of Use, as well as the particular conditions that, if applicable, are enabled, that are contrary to the rights and interests of EMOCIONDAY, its members and / or third parties, and must respond to them in case of contravention or breach of these obligations and / or that, in any way (including the introduction or dissemination of "computer viruses"), damage, disable, overload , deteriorates or impedes the normal use of the materials and information contained in the platform, information systems or documents, files and all kinds of content stored on any computer equipment (hacking) of EMOCIONDAY, its members or any user.

The user is aware of, and voluntarily accepts, that the use of the service takes place, in any case, under his sole and exclusive responsibility.

The User shall be liable for damages of any nature that EMOCIONDAY, or any third party, may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these "General Conditions of Use", or of the law, in relation to the Use of the Service.

3.4. Obligations in the publication of contents in EMOCIONDAY

The user can interact with the web in the areas determined for this, such as blog comments or product reviews. Through the insertion of information and / or images in the Emocionday.com portal, the user declares himself the legitimate owner of the rights of intellectual and industrial property of the content for the reproduction, distribution and public communication through any electronic means, mainly Internet and email, for everyone, with unlimited time.

In this sense, the USER declares to have sufficient rights for the insertion of the information and / or images in the Emocionday.com Portal. The user gives EMOCIONDAY the right of exploitation and public communication of the texts, photographs or videos inserted in the contents published on the platform. Said assignment will be for the sole purpose of allowing the service, will be free and will not give right to economic compensation.

EMOCIONDAY does not allow the insertion of contents that deteriorate the quality of the service. The insertion of contents is prohibited:

That they are allegedly unlawful by national, community or international regulations, or that they carry out activities that are allegedly unlawful or contravene the principles of good faith.
That they do not meet the quality parameters established in EMOCIONDAY.
That threaten the fundamental rights of people, may seek the weakness of the user, lack of courtesy in the network, or may cause negative opinions on our users or third parties. Specifically, and by way of example, but not limiting: any of the legal rights of third parties; those that favor or enhance the creation, maintenance and promotion of business related to pornography, obscene material, or management of erotic contacts; those that are related to clairvoyance, tarot, "occult sciences", or any other related content; those linked to pyramid business; and in general, any content that EMOCIONDAY considers inappropriate for users and, in particular, for minors.
And, in general, that contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of privacy, consumer protection and intellectual and industrial property rights . Likewise, EMOCIONDAY reserves the right to remove from the platform those contents that are considered not appropriate to the characteristics and purposes of EMOCIONDAY.

EMOCIONDAY can not control each and every one of the published content, so that it can not assume responsibility for the contents.

In any case, the inserted and published contents are periodically reviewed to the extent of the available means to ensure the quality principles of EMOCIONDAY, as well as the standards indicated here.

In addition, each user can mark as inappropriate contents published by another person. An alarm will come to us and we will proceed to the revision of that object or service. If EMOCIONDAY considers it appropriate, it will withdraw the advertisement.

If you notice any inappropriate content on the website, please contact us through our customer service: legal@emocionday.com.

Users are solely responsible for obtaining any type of authorization, permit or license, if necessary for the realization and publication of any content.

Any user who inserts a content that contravenes the current legislation will assume the exclusive responsibility of the damages and consequences derived from it, exempting EMOCIONDAY from any responsibility.

3.5. Responsibility and dissemination of content, data and / or user information.

The user expressly authorizes EMOCIONDAY to disseminate the data related to the contents that he has contributed to EMOCIONDAY.

The user must be the owner of the rights to use the content published on the EMOCIONDAY website or be duly authorized by its owner.

In addition, for the correct functioning of the platform, the user gives EMOCIONDAY a license to use, reproduce and copy the contents subject to intellectual property that could have been included in the platform.

The user expressly authorizes EMOCIONDAY to modify or generate work derived from the contents, in order to respect the graphic design of the Website, or the other communication media used in the EMOCIONDAY platform. These rights, or license of use, are granted to everyone, and during the legal validity of the protection of the rights of the user.

The user may revoke the license by deleting the contents subject to intellectual property that he / she would have shared on the platform. However, due to the technical operation, the total suppression of all copies generated in the different servers will occur progressively. If the contents have been shared by third parties, they will remain in relation to said relationships. You must go to those third parties so that the shared content is removed.

EMOCIONDAY has no obligation to control, and does not control, the use that users make of the service and, therefore, does not guarantee that users use them in accordance with the provisions of the Conditions, or that they make diligent use and / or use prudent of them.

Likewise, EMOCIONDAY does not have the obligation to verify, and does not verify, the identity of the users, nor the veracity, validity, completeness and / or authenticity of the data that the users provide about themselves.

Notwithstanding the foregoing, EMOCIONDAY reserves the right to limit, totally or partially, access to services to certain users, as well as to cancel, suspend, block or eliminate certain types of content, through the use of technological tools suitable for effect, if it had actual knowledge that the activity or information stored is illegal, or that it damages goods or rights of a third party. In this sense, EMOCIONDAY will be able to establish the necessary filters in order to prevent illicit or harmful content from being poured into the network through the service.

3.6. Exclusion of guarantees and responsibility

Except in those cases expressly described in the General Conditions of Use and the rest of the regulatory framework of the platform, EMOCIONDAY is not responsible for damages of any kind that may be due to lack of accuracy, completeness, current status, or errors or omissions of those that could suffer the information and services contained in this platform, or other contents that can be accessed through it, nor assume any duty, or commitment, to verify or monitor their content and information.

Likewise, EMOCIONDAY does not guarantee the availability, continuity or infallibility of the operation of the web, and, consequently, excludes, to the maximum extent permitted by current legislation, any liability for damages of any kind, which may be due to the lack of availability or continuity of the functioning of the Website of the services enabled therein, as well as errors in access to the different contents, or those from which, where appropriate, such services are provided.

EMOCIONDAY does not assume any responsibility for the contents, data and / or information provided by the users of the Website, nor for the contents of external websites to which there are links. Especially EMOCIONDAY does not guarantee that these contents are true, fulfill a certain purpose, or can serve that purpose.

Likewise, EMOCIONDAY will not be responsible for the opinions expressed by the users through the portal and / or mobile applications, the Announcements, communities, or other participation or opinion tools.

3.7. Applicable Legislation and Jurisdiction

These General Conditions of Use and the rest of the legal conditions of the website will be governed by Spanish legislation.

For any questions that may arise, or actions to be exercised, arising from the provision of services and contents of EMOCIONDAY and on the interpretation, application, compliance or breach of the established herein, EMOCIONDAY and the USER, expressly waiving any other jurisdiction that may correspond, they submit to the jurisdiction of the Courts and Tribunals of Valencia Capital. In case the user had the status of consumer and according to its national law there is a regulation of the legal jurisdiction that excludes the possibility of express submission, the legal provision will be met.

4.-LINKS OR LINKS TO THIRD PARTY PAGES

EMOCIONDAY includes, within its contents, links with sites belonging to and / or managed by third parties, in order to facilitate access to information available through the Internet.

EMOCIONDAY does not assume any responsibility derived from the existence of links between the contents of this site and contents located outside of it, or any other mention of content external to this site. Such links or mentions have an exclusively informative purpose and, in no case, imply the support, approval, commercialization or any relationship between EMOCIONDAY and the persons or entities authors and / or managers of such contents, or owners of the sites where they are located.

In the event that on the EMOCIONDAY website links or hyperlinks were made to other Internet sites, EMOCIONDAY will not exercise any control over said sites and contents. In no case will EMOCIONDAY assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks. or other Internet sites.

5. PRIVACY AND DATA PROTECTION POLICY

We know that the protection of personal information is important for our users and it is also important for us, therefore, we recommend that before registering as a user and accepting the processing of your data, read our privacy policy carefully to understand how we are going to treat your personal information.

Once you have sent us your data through the different spaces or forms enabled for it within the Web platform, you will have accepted our privacy policy and, consequently, the processing of your data (hereinafter "personal data" or "personal information"). ") That appears here described for its storage, use and communication to third parties.

EMOCIONDAY, reserves the right to modify the privacy policy without prior notice, so you should review our policy periodically. IF AT ANY TIME, AS A RESULT OF THE MODIFICATIONS MADE, YOU DO NOT AGREE WITH OUR POLICY YOU CAN CANCEL YOUR USER ACCOUNT.

5.1 Ownership of the file and purpose of using the data

When you use the registration form in EMOCIONDAY you provide us with personal data that are incorporated into our database. You also generate information as a result of your interaction within EMOCIONDAY that we can keep. All data processing performed by EMOCIONDAY always and in any case is based on an express consent by the user.

To obtain consent, the user must mark the checkboxes that accompany the data collection form. Without the express authorization, the data will not be processed, thus warning the website that will not allow to continue with the process when the treatment is necessary. Our website generates a record of each of the consents provided by the user in order to be able to prove their effective provision and date.

We understand by express consent that which implies a positive act on the part of the user, never basing a treatment on the mere silence or inaction of the user.

Also, the data that you provide us to access any service or functionality that we make available to you within the Web, will always be processed, always informing of the treatment that will be carried out and collecting your consent in an express way.

The data will be kept until you express otherwise, communicating your decision not to continue using the EMOCIONDAY features for which you provided them.

We inform you that our platform does not carry out any treatment aimed at adopting automated decisions or drawing up profiles. When you authorize us, we will be able to count on specific data treatments that are carried out within the framework of the Privacy Shield, locating the processes in suppliers located in the United States of America.

We also make available to the web users a form to contact us and send us their suggestions.

All these data will be incorporated into our files that are available to the Spanish Agency for Data Protection (hereinafter "AEPD") who is responsible for ensuring compliance with data protection regulations in accordance with current Spanish legislation, and before who can submit a claim if you consider that our platform has damaged your Fundamental Rights in terms of Data Protection.

The data you provide us during the use of the EMOCIONDAY Web features may or may not be mandatory, but we will always tell you when they are through an asterisk or similar mechanism. If you do not provide us with the required information, you will not be able to access the service you are requesting.

VAT number B54036793

Name or company name: EMOCIONDAY SL

Address: Calle Naturalista Rafael Cisternas, 4 planta 1 puerta 6, 46010 Valencia, Spain.

5.2 Purpose of the data collection in EMOCIONDAY

The required data is necessary to identify you and to use and / or access the services and functionalities that you will have at your disposal at EMOCIONDAY. In particular, they will be used to manage your orders and to invoice them.

The legitimacy of any treatment performed by EMOCIONDAY is always the user's own consent. We do not receive data from third parties or share the data in our database with other entities, nor are they subject to assignment. We have data processing managers who have been diligently chosen upon verification of their ability to comply with the RGPD.

In addition, we can contact you by any available electronic means (web platform, email, phone and / or mms or sms messages) to send you internal notifications of the system, inform you about updates or improvements related to the use of EMOCIONDAY and news or events of interest.

The only commercial information that can appear on the web will be that we post on the Web where the offers that we put at your disposal will appear.

Also, your data may be transferred to third companies in order to carry out a correct operation of the system, for the implementation of new services that incorporate EMOCIONDAY to existing ones and the management of corporate operations or business development. In any case, your data will always remain secure and your treatment will be strictly necessary for those purposes and always under the parameters established by law.

Your data may be processed for the purposes described by EMOCIONDAY and by the other companies that are part of the same business group.

5.3 Exercise of rights

As a user you can exercise your access rights (know what data we treat and what we do with them) of rectification (modify incorrect or inaccurate data) of opposition (to oppose the concrete treatment of your data for an activity), of suppression (power completely cancel your data as a user), portability (be transmitted at the request of the user to another company) and treatment limitation (stop the treatment done so far). You can also withdraw your consent at any time, however this will not affect processing that has already been carried out. To do this, you must contact us at legal@emocionday.com, expressly indicate your request and attach a document that identifies you (ID or passport) to meet your request.

It is important that you know what are the consequences of the cancellation of your data as a user of EMOCIONDAY, so we inform you that, if you request the cancellation of the data, you will lose the account with which you registered and it will be necessary to initiate a new registration to return to be a user

5.4 Security measures

EMOCIONDAY is aware of the user's concern for security, which is why it has opted to implement the strictest security levels that allow the proper functioning of the Web, its functionalities and its services, preserving the integrity of the stored data and information. The services are provided with their own technological resources and sometimes by third parties that have the necessary security measures to ensure the impossibility of unauthorized access according to current technology and current technology. At EMOCIONDAY we want the service that our clients receive to offer a satisfactory and safe user experience, so we only choose suppliers with a proven track record and technical solvency that allow compliance with the current legal security regulations, to prevent their loss, misuse or access by unauthorized persons.

5.5 Age to be an EMOCIONDAY user

In general, to be an EMOCIONDAY user, it will be necessary for you to be AN ADULT. If our team detects that any user account belongs to a minor, we can contact the user to find out their age. For this, we may request the contribution of the National Identity Document (DNI) or other equivalent document within a specified period. In case of not being provided or checking that the profile has been created by a minor of the indicated age, we can proceed to block or definitively cancel your profile as a user.

6.- COOKIES AND RECORD FILES

On the website www.emocionday.com we use cookies to facilitate the relationship of visitors with our content and to allow us to compile statistics on the visitors we receive. In compliance with Directive 2009/136 / EC, developed in our order by the second paragraph of Article 22 of the Law on Services of the Information Society, following the guidelines of the Spanish Agency for Data Protection, we proceed to inform you in detail of the use that is made on our website.

Cookies are called small files that are recorded in the browser used by each visitor to our website so that the server can remember the visit of that user later when he returns to access our content. This information does not reveal your identity, or any personal data, or access to the content stored on your PC, but it does allow our system to identify you as a specific user who has previously visited the web, viewed certain pages, etc. and also allows you to save your personal preferences and technical information such as visits made or specific pages you visit.

If you do not want cookies stored in your browser or you prefer to receive information every time a cookie requests to be installed, you can configure your browsing options to be done in that way. Most browsers allow the management of cookies in 3 different ways:

Cookies are always rejected;
The browser asks if the user wants to install each cookie;
Cookies are always accepted;

Your browser may also include the possibility to select in detail the cookies you want installed on your computer. In particular, the user can usually accept any of the following options:

reject cookies from certain domains;
reject third-party cookies;
accept cookies as non-persistent (they are deleted when the browser closes);
Allow the server to create cookies for a different domain.

You can find information on how to configure the most used browsers in the following locations:

Firefox from here: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Chrome from here: https://support.google.com/accounts/answer/61416?hl=en

Explorer from here: https://support.microsoft.com/es-es/help/17442/windows-internet-explorer-delete-manage-cookies

Safari from here: https://support.apple.com/kb/ph5042?locale=en_US

Opera from here: https://help.opera.com/en/latest/web-preferences/#cookies

Regarding third-party cookies, ie those that are alien to our website, we can not be held responsible for the content and veracity of the privacy policies they include, so the information we offer is always with reference to the source. In case of doubt, go to the webmaster of the domain that created the cookie.

If you wish to consult the complete conditions of use of the site you can do it in this link: https://www.emocionday.com/en/legal-notice

Functioning and personalization cookies:

Technical cookies: we use cookies that allow the basic operation of our website and are essential to control traffic and data communication, identify the session, remember the elements that make up an order, make the purchase process, etc.

Analysis cookies: we use cookies that allow us to analyze the actions and preferences of users and help us understand how users reach our website.

Third party cookies:

We use Google Analytics cookies (from Google Inc.) that provide us with the analysis service of the audience of our page. This company can use this data to improve its own services and to offer services to other companies.

This tool does not obtain data of the names or surnames of the users or of the postal address from where they are connected. The information obtained is related, for example, to the number of pages visited, the language, the social network in which our news is published, the city to which the IP address from which the users are assigned is assigned, the number of users they visit us, the frequency and recidivism of the visits, the visit time, the browser they use, the operator or type of terminal from which the visit is made.

The Google Analytics tool provides the USER ID service, which facilitates the analysis of groups of user sessions on various devices using a unique, persistent and non-personally identifiable ID string representing a user.

Google Analytics is a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway, Mountain View (California), CA 94043, United States ("Google"). Google Analytics uses "cookies", which are text files located on your computer, to help the website analyze the use made by users of the website. The information generated by the cookie about your use of the website (including your IP address) will be directly transmitted and archived by Google on servers in the United States. Google will use this information on our behalf in order to keep track of your use of the website, compiling reports on the activity of the Web and providing other services related to website activity and Internet use. Google may transmit such information to third parties when required by law, or when such third parties process the information on behalf of Google. Google will not associate your IP address with any other data held by Google. You can refuse the processing of data or information by rejecting the use of cookies by selecting the appropriate configuration of your browser, however, you should know that if you do so, you may not be able to use the full functionality of this website. By using this website you consent to the processing of information about you by Google in the manner and for the purposes indicated above.

We use Google Adwords cookies (from Google Inc.) to track advertising activity on the Google network and measure the success of those advertising campaigns, calculating the amount of sales generated by each campaign.

We use Double Click cookies (from Google Inc.) - a Google application that serves as a third-party ad server. DoubleClick uses cookies to improve advertising. They are usually used to guide advertising according to the content that is relevant to a user, improve the performance reports of the campaign and avoid showing ads that the user has already seen. DoubleClick cookies do not contain personally identifiable information.

We use Perfect Audience cookies (from NowSpots, Inc.) that allow us to make remarketing campaigns and display advertising on other websites to users who have previously visited emocionday.com. For this, Perfect Audience installs advertising cookies from different platforms. The information collected in no case includes personal data such as names, emails, addresses or phone numbers.

We use AppNexus cookies (AppNexus Inc.) that allow us to make remarketing campaigns and show advertising on other websites to users who have previously visited emocionday.com. For this, Appnexus install advertising cookies from different platforms. The information collected in no case includes personal data such as names, emails, addresses or phone numbers.

We use Ekomi cookies (from Ekomi Ltd.) that allow us to provide a feedback service to our customers.

We use Facebook cookies (from Facebook Inc.) that allow us to show the "Like" button, show the number of our followers on Facebook, make remarketing campaigns and show advertising on other websites to users who have previously visited emocionday.com .

We use Google+ cookies (from Google Inc.) that allow us to display the "+1" button and display the number of our followers on Google+.

We use Twitter cookies (from Twitter Inc.) that allow us to show the "follow" button, show the most recent "tweets" of our Twitter account, do remarketing campaigns and show advertising on other websites to users who previously have visited emocionday.com.

We use Zopim cookies (from Zopim Technologies Pte Ltd.) that allow us to offer the customer service chat service. Zopim cookies allow the provision of this service and the identification of recurring visitors to the website of emocionday.com

We use cookies from Blue Know (from Blue Know SL) - a personalization service to improve the browsing experience on emocionday.com. For example, Blueknow cookies allow us to offer the user products similar to other products that you have seen on our website.

7. INTELLECTUAL PROPERTY

EMOCIONDAY, by itself or as an assignee, is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained in it (for example, images, sound, audio, video, software or texts; trademarks or logos, etc.), ownership of EMOCIONDAY or its licensors. All rights reserved. Under the provisions of articles 8 and 32.1, second paragraph, of the Spanish Intellectual Property Law and its correlatives of the Berne Convention, reproduction, distribution and public communication are expressly prohibited, including the method of making them available , of all or part of the contents of this web page, for commercial purposes, in any medium and by any technical means, without the authorization of EMOCIONDAY. The USER undertakes to respect the rights of Intellectual and Industrial Property owned by EMOCIONDAY.

You can view the elements of the Portal and even print them, copy them and store them on your computer's hard drive or any other physical medium, provided that it is, solely and exclusively, for your personal and private use. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the EMOCIONDAY platform.

8. EXCLUSION OF GUARANTEES AND RESPONSIBILITY IN THE CONTENTS OF THE PLATFORM

EMOCIONDAY is not liable for damages of any kind that may be caused, by way of example, errors or omissions in the contents, lack of availability of the Portal or the transmission of viruses or malicious or harmful programs in the contents, despite having adopted all the technological measures necessary to avoid it.

9. MODIFICATIONS

EMOCIONDAY reserves the right to carry out without prior notice the modifications it deems appropriate in its Portal and / or mobile applications, being able to change, delete or add both the contents and services provided through them and the way in which these appear presented or located in your Portal and / or mobile applications.

EMOCIONDAY may modify at any time the conditions determined herein, being duly published as they appear here. The validity of the aforementioned conditions will be based on their exposure and will be in force until they are modified by others duly published.

10. ADVERTISING

EMOCIONDAY undertakes through this means not to make misleading advertising. For these purposes, formal or numerical errors that may be found throughout the content of the different sections of the website and / or mobile applications, produced as a result of a maintenance and / or update will not be considered misleading advertising. incomplete or defective of the information contained in these sections. EMOCIONDAY, as a consequence of the provisions of this section, undertakes to correct it as soon as it becomes aware of such errors.

11. RIGHT OF EXCLUSION

EMOCIONDAY reserves the right to deny or withdraw access to the Platform and / or the services offered without prior notice, on its own or by a third party, to those users who fail to comply with these Terms of Use.

12 APPLICABLE LEGISLATION AND JURISDICTION

EMOCIONDAY will pursue the breach of these conditions, as well as any improper use of its Portal, exercising all civil and criminal actions that may correspond by law.

The relationship between EMOCIONDAY and the USER will be governed by current Spanish regulations and any dispute will be submitted to the Courts and Tribunals of the consumer forum when the purchaser has such status. When the purchaser is a professional entrepreneur in the exercise of their activity, as a forum for express submission, the parties are subject to those of Valencia.

Likewise, as an entity adhering to CONFIANZA ONLINE and in the terms of its Code of Ethics, in case of disputes related to online contracting and advertising, data protection and protection of minors, the user may resort to the dispute resolution system of CONFIDENCE ONLINE (www.confianzaonline.es).

In case of doubt about the interpretation or scope of these conditions, the text written in Spanish will always prevail.

Legal conditions drafted by Abogado Amigo

PRIVACY AND DATA PROTECTION POLICY

We know that the protection of personal information is important for our users and it is also important for us, therefore, we recommend that before registering as a user and accepting the processing of your data, read our privacy policy carefully to understand how we are going to treat your personal information.

Once you have sent us your data through the different spaces or forms enabled for it within the Web platform, you will have accepted our privacy policy and, consequently, the processing of your data (hereinafter "personal data" or "personal information"). ") That appears here described for its storage, use and communication to third parties.

EMOCIONDAY, reserves the right to modify the privacy policy without prior notice, so you should review our policy periodically. IF AT ANY TIME, AS A RESULT OF THE MODIFICATIONS MADE, YOU DO NOT AGREE WITH OUR POLICY YOU CAN CANCEL YOUR USER ACCOUNT.

1. Ownership of the file and purpose of using the data