LEGAL DISCLAIMER

PURPOSE OF THIS WEBSITE

This website is the property of WHITE FACTORY HOLDING S.L.U.  It is used to provide information about the collections produced by the ROSA CLARÁ brand and as a means of making contact with the company.

GOODS ARE NOT AVAILABLE FOR SALE on this website.

Access to this website is open both to unregistered (OPEN ACCESS) and registered users. Unregistered users may register if they wish. In both cases, natural and legal persons accessing this website do so as website users and undertake to respect the terms and conditions of access and use described below.

TERMS AND CONDITIONS OF WEBSITE ACCESS

Accessing the www.rosaclara.es website implies acceptance of these general and specific terms and conditions. We advise all users to read our terms and conditions, legal disclaimer and data protection and cookie policies thoroughly before browsing the website. Please address all queries about the use of this website to customerservice@rosaclara.es.

TERMS AND CONDITIONS OF WEBSITE USE

Users undertake to comply with the following terms and conditions of use:
To use the website content and functions in accordance with the law, accepted standards of public decency and good practice and to refrain from using the website for purposes that could harm the corporate image of WHITE FACTORY HOLDING S.L.U.  SL or infringe any established entitlements thereof.

To refrain from performing any act that could impede proper operation of the website or result in modification, alteration, copying, duplication, distribution, sale or exploitation thereof for any purpose not expressly authorised by WHITE FACTORY HOLDING S.L.U.

To be held liable for all damages and losses resulting directly or indirectly from failure to comply with the general terms and conditions stated in this legal disclaimer, as well as for those stated in any specific terms and conditions that supplement or extend the present terms and conditions.

Users who wish to register will be provided with a confidential username and a unique, personal and non-transferable password required to access certain services provided via the website. Users undertake to use it responsibly and not to transfer it to third parties. Users likewise vouch that the personal data provided are true and accurate and undertake to inform WHITE FACTORY HOLDING S.L.U.  SL of any change or modification to them. WHITE FACTORY HOLDING S.L.U.  SL will not be held liable for the accuracy of those data and reserves the right to claim for all damages and losses deriving from failure to comply with the present terms and conditions.

Users may only register once. Multiple registration by a single user is expressly prohibited. Registering in the name of third parties or using the data of third parties without their prior consent is not permitted.

Passwords are personal and non-transferable and must be kept secret. Passwords must not be disclosed to third parties. Users who cannot recall their password may recover it via the password recovery system available on the website. The system is accessed by clicking on ‘Forgotten your password?’ and entering the email address given on registration. If the email address entered is recognised by WHITE FACTORY HOLDING S.L.U.  SL as that of a registered user, WHITE FACTORY HOLDING S.L.U.  SL will send an email to that address containing a link via which to reset the password. Users may change their password at any time.

LIMITATION OF LIABILITY

WHITE FACTORY HOLDING S.L.U.  SL will be held liable solely and exclusively for damages and losses deriving from actions performed or information provided by it. In accordance with the Spanish Civil Code, it will not be held liable for actions performed by third parties.

In accordance with applicable law, WHITE FACTORY HOLDING S.L.U.  SL may claim against failure to comply with these general terms and conditions and against any extra-contractual actions deriving in damages and losses.

WHITE FACTORY HOLDING S.L.U.  SL reserves the right to change at any time and without prior notification the content of the website and configuration thereof and at discretion may restrict, suspend or impede access to it in full or in part.

WHITE FACTORY HOLDING S.L.U.  SL reserves the right to cancel users’ accounts, usernames and passwords at discretion in cases in which circumstances indicate that the purpose of usage thereof may be presumed to be unlawful. In this respect, users will be held fully liable for and accept all obligations deriving from use of the services offered by the website and accessed via the aforementioned account, username and password, as well as all those deriving from use thereof by third parties accessing the website via the user’s password.

In accordance with Spanish law, WHITE FACTORY HOLDING S.L.U.  SL will provide the competent authorities with all information required for legal purposes if compelled to do so by court order.

INDUSTRIAL AND INTELLECTUAL PROPERTY

The brands and designs featured on this website, as well as all content, images, videos, trademarks, photographs, designs, logotypes, domain names and analogous material, including the website design and source code, are the property of WHITE FACTORY HOLDING S.L.U.  As such, they may not be modified, copied, altered, reproduced, adapted or translated by users or third parties without the prior express authorisation of WHITE FACTORY HOLDING S.L.U.  SL and/or the holders of the corresponding rights.

Reproduction, representation or modification, in full or in part, of WHITE FACTORY HOLDING S.L.U.  SL trademarks and designs, including the design of its website and the elements that comprise it, is strictly prohibited.

The trademarks and domain names featured on this website are the exclusive property of WHITE FACTORY HOLDING S.L.U.

Use of and access to the website do not confer upon users any rights to the distinguishing marks and/or contents displayed thereon, which remain the property of WHITE FACTORY HOLDING S.L.U.

JURISDICTION AND APPLICABLE LAW

The terms and conditions, as well as any annexes, if applicable, set forth in the legal disclaimer will be subject to Spanish law and jurisdiction. All disputes arising from the present terms and conditions will be settled by the courts of law of Barcelona, Spain unless the law provides otherwise.

In compliance with the provisions of the law on information society and e-commerce services currently in effect, WHITE FACTORY HOLDING S.L.U.  SL hereby provides the following information:
WHITE FACTORY HOLDING, S.L.U. Registered address: C/Narcis Monturiol, 130, 08902 Hospitalet de Llobregat, Barcelona, Spain. Entry in the Register of Companies of Barcelona: Volume 42922, Sheet 62, Page B419239, Entry 1. VAT No: B65691974. Telephone: 902 202 702; e-mail: customerservice@rosaclara.es

WHITE FACTORY HOLDING S.L.U.  SL employs every reasonable measure to ensure that the information obtained via its website is accurate and correct.

GENERAL

In no case will failure by WHITE FACTORY HOLDING S.L.U.  SL to exercise its rights be understood to constitute a waiver thereof.

The headings of these terms and conditions are merely informative and do not affect, qualify or extend the interpretation thereof.

If any of the clauses of these terms and conditions were to be declared void, abusive or inapplicable in full or in part by a judicial or administrative body, such declaration would solely affect the clause in question. This clause would be considered non-applicable and the declaration of a single clause as void, abusive or inapplicable would not extend under any circumstances to the other terms and conditions, which would persist.

USER GENERATED CONTENT

We urge you to think before you upload, submit or embed content. This agreement permits you to upload to, embed to or submit to on the WHITE FACTORY HOLDING S.L.U.  website, only photos or other content that to which you own the copyright, or otherwise have the right to publish. By uploading or submitting photos or other content to which you do not own the copyright, or do not otherwise have the right to publish, you may subject yourself to legal liability. It is your responsibility to ensure you have adequate rights to publish to the white factory holding s.l.u. website and social media channels all photos and other content you post.

  • WHITE FACTORY HOLDING S.L.U. does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the WHITE FACTORY HOLDING S.L.U. Website. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the WHITE FACTORY HOLDING S.L.U. Website.
  • After posting, uploading or embedding User Content to the WHITE FACTORY HOLDING S.L.U. Website, you continue to retain such rights in such User Content as you held prior to posting such User Content on the WHITE FACTORY HOLDING S.L.U. Website and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the WHITE FACTORY HOLDING S.L.U. Website, you hereby grant to WHITE FACTORY HOLDING S.L.U. a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any manner, mode of delivery, or media now known or developed in the future. Where possible, photographs used on the WHITE FACTORY HOLDING S.L.U. Website and in any WHITE FACTORY HOLDING S.L.U. publication will include attribution to the photographer and/or copyright As part of the non-exclusive license you grant to WHITE FACTORY HOLDING S.L.U. , you agree to allow other Users of the WHITE FACTORY HOLDING S.L.U. Website and WHITE FACTORY HOLDING S.L.U. Services to add your User Content to their WHITE FACTORY HOLDING S.L.U. Inspiration Board(s) and post these Inspiration Board(s) on other websites provided that such use is for non- commercial purposes only.
  • Given your contentment for commercial purpose of your User Content, you agree to allow WHITE FACTORY HOLDING S.L.U. to use your User Content for sponsored advertising on social media for commercial purposes.
  • This license will terminate at the time you remove your User Content from the WHITE FACTORY HOLDING S.L.U. Website except as to any User Content that WHITE FACTORY HOLDING S.L.U. has sublicensed prior to your removal of your User Content from the WHITE FACTORY HOLDING S.L.U. Website, which license shall continue in To remove User Content, please send a request to customerservice@rosaclara.es and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the WHITE FACTORY HOLDING S.L.U. Website. We will remove the item(s) as quickly as possible and in line with our record retention policies.

Content Uploaded, Submitted, Embedded.

  • Please choose carefully the User Content that you upload to, submit to, or embed on the WHITE FACTORY HOLDING S.L.U. Website and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you
  • WHITE FACTORY HOLDING S.L.U. does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the WHITE FACTORY HOLDING S.L.U. Website. If you become aware of any inappropriate User Content on the WHITE FACTORY HOLDING S.L.U. Website or any misuse of WHITE FACTORY HOLDING S.L.U. Services by any person, please contact WHITE FACTORY HOLDING S.L.U. at customerservice@rosaclara.es .

·       WHITE FACTORY HOLDING S.L.U. reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of WHITE FACTORY HOLDING S.L.U. Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.

 

Prohibited Content and Activity.

WHITE FACTORY HOLDING S.L.U. reserves the right, in its sole and absolute discretion, to determine whether User Content or Activity engaged in in connection with your use of the WHITE FACTORY HOLDING S.L.U. Service is appropriate for the WHITE FACTORY HOLDING S.L.U. Website, and to remove any User or User Content, without notice or liability to you, which it determines to be inappropriate. WHITE FACTORY HOLDING S.L.U. ‘ right to remove and User or inappropriate User Content shall not be its sole right with respect to inappropriate User Content or User Activity, and WHITE FACTORY HOLDING S.L.U. expressly reserves the right to investigate, report and take appropriate legal action against anyone who, in WHITE FACTORY HOLDING S.L.U. ‘ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

TERM AND CONDITIONS FOR PARTICIPATION IN THE PRIZE DRAWS OF THE (@ROSA_CLARA) INSTAGRAM ACCOUNT

1. COMPANY ORGANISING PROMOTION
WHITE FACTORY HOLDING, S.L.U., with registered office at c/Narcís Monturiol, 130, 08902 Hospitalet de Llobregat, Barcelona, Spain, Companies Registry of Barcelona Volume 43410, Folio 139, Sheet B65691974, with Company Tax Code (C.I.F.): B65691974 occasionally organizes, for promotional purposes, prize draws over the Internet, exclusively for users of legal age in accordance with the provisions of the conditions for participation section.

2. START DATE AND END DATE
The start and end dates will be indicated in the publication itself. Notwithstanding the foregoing, the requirements for participation must be maintained over time.

3. PARTICIPATION REQUIREMENTS AND PROMOTION PROCEDURE
The participation requirements will be as follows:

  • People who are over 18 years old can participate
  • Only those participants who follow the @rosa_clara Instagram account indefinitely can participate
  • The profiles of the participants must be truthful
  • The requirements of the post must be met
  • Participants can register as many times as comments published in this promotion

4. CONDITIONS OF THE PROMOTION AND PRIZES
One winner will be chosen for each published prize draw. The winner will be chosen randomly on the sorteio.com platform.

5. LIMITATIONS
If it becomes evident that any of the participants do not meet the requirements of the Terms and Conditions participation requirements, or the data provided for participation was not valid, their participation will be considered null and they will be automatically excluded from the promotion, losing all rights over prizes awarded under this promotion.

The following people will not be able to participate in the promotion: (I) Employees in any of the companies and other entities with legal personality linked to WHITE FACTORY HOLDING, S.L.U. (II) Individuals who participate directly or indirectly in the capital of WHITE FACTORY HOLDING, S.L.U. (III) Any other natural person who has participated directly or indirectly in the organization of this prize draw or has been directly or indirectly involved in its preparation or development.

The prize awarded shall not be transferable or subject to changes, alterations or compensations at the request of the participants.

WHITE FACTORY HOLDING, S.L.U. reserves the right, if there is just cause and after legal notice, to make any changes, suspend or extend this promotion.

Any fiscal or tax burden that the acceptance of the prize could suppose, as well as any other expense arising from the promotion that is not expressly assumed in these Terms and Conditions or in the publication of the promotion itself, will be borne by the winner.

A period of fifteen (15) calendar days is established from the date of awarding the prize, for its collection.

6. PUBLICATION OF COMMENTS OR OPINIONS
Comments or opinions whose content is deemed inappropriate, which are offensive, injurious or discriminatory or which may violate third party rights shall not be permitted.

Nor will comments against an individual be allowed that violate the principles of the right to honour, personal and family privacy and one’s own image. We are not responsible for the damages caused by the comments made by the participants in the promotion, and that at any time may offend the sensitivity of other participants.

7. EXEMPTION OF LIABILITY
By way of example, but not limitation, we are not responsible for possible losses, thefts, delays or any other circumstance attributable to third parties that may affect the development of this promotion, nor are we responsible for the use made by the participant of the prize obtained from this promotion, and we assume no responsibility for any damage or harm of any kind that may be suffered by the participants, winner or third parties.

We do not assume responsibility for cases of force majeure or fortuitous event that could prevent the promotion from being carried out or the total or partial enjoyment of the prize. If this promotion cannot be carried out, either due to fraud detected in it, technical errors, or any other reason that is not under the control of WHITE FACTORY HOLDING, S.L.U. And that affects the normal course of the prize draw, we reserve the right to cancel, modify or suspend the draw, including the participation website.

8. INSTAGRAM
The promotion is not sponsored, endorsed, administered or associated in any way with Instagram, so the participants release Instagram from any responsibility for any damages that may arise from it.

9. CHANGES
We reserve the right to modify or expand these promotional terms and conditions, to the extent that it does not harm or lessen the rights of the participants in the promotion.

10. APPLICABLE LEGISLATION AND JURISDICTION
These terms and conditions will be governed in accordance with Spanish law. They shall be competent to resolve any claim or dispute that may arise in relation to the validity, interpretation or compliance thereof.