TOTEM Experience, S.L. (hereinafter, the Owner) with NIF B87277315, and registered address at C/ Ardemans 66, 28028, Madrid, registered in the Madrid Business Register, Volume: 33446, Folio: 10, Section: 8, Page: M-602024, Entry: 1, is the owner of the following Website, accessible through the URL: https://www.tot-em.com/es/ (hereinafter, TOTEM or the Website, interchangeably).
For any concerns, comments, or questions regarding TOTEM, you can contact us at the email address firstname.lastname@example.org.
Our customer service hours are Monday to Friday, 10:00-14:00.
Please find below the general Terms and Conditions that regulate access to the Owner's page, with regard to both the services and functionalities offered therein, without prejudice to the application of other different conditions or their modification. It is recommended that said conditions are read and reviewed periodically, as there may be modifications to the legal texts.
Terms and Conditions of Use
1. Identification of the Parties
These Terms and Conditions are signed by the party of the first part, the Owner, and the party of the second part, you, as a User, natural, or legal person who voluntarily accesses the Website freely and free of charge. These Terms and Conditions will be applicable regardless of whether or not you purchase the products offered on the platform.
2. Purpose of the Website
The purpose of this Website is to offer the available products, as well as to provide information about said products and other functionalities displayed by the Owner. Access to and navigation of the Website are free of charge, although the offer and purchase of products entails the payment of a price, as well as acceptance of the Purchase Conditions.
3. User Obligations
By the mere act of accessing and browsing the Website, the User undertakes:
a. To use the Website diligently, correctly, and lawfully, always in compliance with current legislation, morals, good customs, and public order.
b. To periodically review these Terms and Conditions, or any other that may be applicable, in order to check for any modifications that may occur.
c. To review any communications sent by TOTEM, as they may contain important information.
d. Not to use the Website for commercial purposes, especially to collect information or content in order to provide services that clearly constitute competition for TOTEM.
e. Not to modify, or attempt to modify the Website in any way, nor take action or use means aimed at simulating the appearance or functions of the Website.
f. Not to damage, disable, overload, or hinder the service (or any networks connected to the service), or interfere with its use and enjoyment.
g. To refrain from taking any action that entails the introduction of computer viruses, worms, Trojans, or any other kind of malicious code intended to interrupt, destroy, or limit the functionality of the Website.
h. Not to use reverse engineering techniques and/or decipher, decompile, or use any other system designed to obtain the TOTEM source code.
i. Not to perform any type of action, under any circumstances, that may violate the rights or interests of the Owner or third parties, such as, for example, intellectual or industrial property rights (patents, trademarks, copyright, trade secrets, etc.).
4. Website Availability
The Owner aims to improve and expand TOTEM, as well as its content and the services offered therein. Nevertheless, the Website will be displayed as it is at all times, subject to availability, limitations, and other concurrent circumstances.
5. Particular Registration Conditions
These Particular Registration Conditions are signed, on the one hand, by TOTEM, and on the other, by the User, who has completed the corresponding form to create an account, followed the steps indicated on the Website to complete their registration, and confirmed their acceptance of these Particular Conditions.
5.1. Requirements and Procedure for Creating an Account
In order to create an account on the Website, the User must be a natural person of legal age, in accordance with Spanish law.
TOTEM will confirm the User's registration on the Website by sending a welcome communication, from which moment they become a Registered User.
If the Registered User does not remember their password, they must click on "Forgot your password?" and enter the email address they used to register in order to request a password reset.
The Owner reserves the right to check and verify the User's identity at any time. Any non-compliance with the requirements set forth in this section, or any deception regarding identity, entitles the Owner to unsubscribe said User at any time, with the Owner being exempt from any type of responsibility pertaining to such action.
Registering on TOTEM as a User allows you to track orders and view User Tot-ems. As a Registered User, you can also save order information and your billing address, as well as cards and other methods of payment, for future purchases.
5.3. Registered User Obligations
Registered Users have the following obligations:
a. Do not register multiple User accounts on the Website, nor register using false information, nor by impersonating a third party. You are responsible for providing your real data.
b. Do not use or try to use another User's account, without authorisation or consent.
c. You shall be solely responsible for all activities conducted from your personal account at TOTEM.
d. Safeguard the confidentiality of your access data; you will be held responsible for any damages suffered by third parties for breaching these Conditions. You are also responsible for what happens in your personal account, unless its security has been compromised by external causes. Specifically, you must:
i. Keep your account updated.
ii. Store your chosen password confidentially.
iii. Be the only User who uses the created account.
iv. Not market, sell, or transfer your account to a third party.
e. TOTEM reserves the right to verify the User's profile, and to eliminate or suspend the account in the event of non-compliance with these legal texts or any other applicable regulations.
5.4. User Account Modification
At any time, Registered Users may modify the data, shipping, or billing addresses related to their personal account by accessing the User area.
TOTEM works to ensure that the Website's services and functionalities are always available. However, when you access the Website, it will be displayed according to the availability and limitations that apply at that time.
Despite the Owner's continuous effort to protect the systems and content included on the Website, by contracting the standard Internet safety measures, it is not possible to offer full guarantees in relation to any intrusion or loss of information that may occur. Likewise, the Owner cannot guarantee the absence of viruses or other harmful elements on the Website, or on third-party websites, which may alter either the software or hardware of the User's computer system. Therefore, the User assumes and understands that there are situations that may be outside of TOTEM's control.
The Website may include links to third-party pages or sites unrelated to the Owner, which they do not approve or review the functions and contents of, and there will not assume any type of responsibility for. Users who access any link published on the Website do so at their own risk, and the Owner will not assume any responsibility for it.
In the same way, the Website is exempt from all responsibility derived from its misuse by Users, as well as for any non-compliance with the obligations or commitments assumed under these conditions or any other applicable regulations.
7. Industrial and Intellectual Property Rights
All intellectual and industrial property rights over the Website and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinguishing signs, and other elements therein, belong exclusively to the Owner, including the TOTEM brand, or they have the appropriate rights and/or authorisations for their use.
As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation, or any other form of use, without citing the source, is prohibited, except with the prior, express written authorisation from the Owner or the exclusive holder of the affected rights.
Likewise, the User is advised that they must be the holder of the rights of any content that they upload to the Platform, with TOTEM in no case being held responsible for such actions and content.
If you detect any violation of these terms, please notify us using the email address indicated in the header.
8.1. The Owner may sanction any User who fails to comply with the relevant Terms and Conditions, by restricting their access to the Website, temporarily or indefinitely. The duration of the sanction will depend on the offense committed. Restriction to access will not, in any event, entitle the User to compensation.
8.2. Any type of damage, loss, or cost (including lawyer and/or solicitor fees) incurred by TOTEM, derived from the User's breach of these Conditions, or of any other applicable regulations, must be compensated by the User who caused it. This includes any third-party claim derived from said breach.
These Terms and Conditions may be modified and/or updated at any time without prior notice. Said modifications made will take effect immediately upon their publication on the Website, no matter the method and form used.
Modifications will only apply to Users who have accepted the Terms and Conditions after said modification.
10. Other Issues
10.1. Safeguarding and Interpretation
If the competent Authority declares any of these provisions as illegal, invalid, or unenforceable, this shall mean that it should be interpreted in the manner closest to the original intention of said provision. In any case, any such declaration regarding one or some clauses will not affect the validity of the rest.
The Owner's failure or neglect to enforce any of these Terms and Conditions does not constitute and will not be deemed, in any event, to be a waiver of their right to enforce them in the future.
The language applicable to these Terms and Conditions is Spanish. If versions of these Terms and Conditions are provided in other languages, such as English, this shall only be understood as a mere courtesy and for the User's convenience. In the event of any discrepancy, the Spanish language version shall prevail.
10.3. Law and Jurisdiction
The relationship between the Owner and the User will be governed by Spanish legislation, and any discrepancies or conflicts that may arise with regard to these Terms and Conditions will depend on whether the User holds the status of consumer and/or User, in accordance with applicable regulations.
If the User holds said status, any conflict will be submitted to the Courts and Tribunals of the User's domicile. If the User does not hold said status, any conflict will be determined in the Courts and Tribunals of Madrid.