Legal Notice

Date of last update: 22/05/2019

www.minilandgroup.com

IDENTIFYING DATA (Law 34/2002, of July 11, on information society services and electronic commerce).

Business name: MINILAND S.A. -hereinafter referred to as, THE COMPANY-

Tax Identification Code: A03197308

Address: POLÍGONO INDUSTRIAL LA MARJAL (C/LA PATRONAL S/N), - 3430, ONIL, ALICANTE (SPAIN)

Email: [email protected]

Telephone: 965 564 950

Registry details: Entered in the Mercantile Registry of Alicante. Volume 3749, Book 0, Folio 210, Section 8, Sheet A21889

Welcome to Miniland S.A. Miniland offers you access to the Miniland website (the “Website”) and sells you their products under the conditions established on this page.

Please read these conditions carefully before using the Miniland Website. By using the Miniland Website, you agree to be bound by these conditions of use and sale (the “General Terms and Conditions”). Also, each time you use any service of Miniland, either now or in the future, you will be bound by the general terms and conditions and the particular conditions applicable to those services (the “Particular Conditions”). The Particular Conditions will take precedence over the General Conditions in the event of a contradiction between them.

To gain full access to the pages of the Website you must first register as a user, once you accept the General Conditions. After you have registered, you will have the status of Member and will therefore form part of the “Miniland Private Community”.

Conditions relating to your use of the Miniland Website

1. Your account

When you use the Website, you will be responsible for maintaining confidentiality of the data and the password for your account, and for restricting access to your computer to avoid any possible unauthorised use of your account. You agree to assume all responsibility for any activity made from your account and your access password. You must take all necessary measures to ensure that your password remains secret and secure. You must notify us immediately if you have reason to believe that your password has been disclosed to a third party, or that it has been, or is likely to be, used in an unauthorised way.

Please check that the data that you provide to us is correct and complete and notify us immediately if there is any change to the information that you provided when registering. You can access your information and update it through the “My Account” section of the Website.

Miniland reserves the right to refuse any attempt to access the Website, to close accounts, remove or change content, or cancel orders if you fail to comply with the applicable legislation, the General Conditions or any Particular Conditions or any other terms and conditions or policies of Miniland. In the event that we cancel an order, this will not entail any cost for you.

2. Privacy

Please would you review our Privacy Policy, which also applies to all visits that you make to the Miniland website, so that you are aware of our practices.

3. Access to the Miniland Website

Miniland will make the maximum effort to ensure that your access to the Website is uninterrupted and that the transfer of your data is error free. However, due to the nature of the Internet, we cannot fully guarantee this. Also, sometimes access to the Website may be suspended or restricted temporarily in order to carry out repair or maintenance work, or to implement new tools or services. We will try, as far as possible, to minimise the frequency and duration of each of these interruptions and restrictions to access.

4. Licence for access to the Website

Miniland grants you a limited licence for access to the Website for your personal use, but not for the download of any content (except for the download of web pages into the cache memory) nor for its total or partial modification, unless you have obtained express, written consent from Miniland. This licence does not include the right to resale or commercial use of the Website or its content, nor the right to prepare or use any product list, descriptions or prices. Nor does it include the right to make any other derivative use of the Website or its content, nor to download or copy information relating to accounts for the benefit of another trader, nor to use search and data extraction tools or robots.

It is not permitted to reproduce, duplicate, copy, sell, resell, or use this Website or any part of it, in any way for commercial purposes, without our express, prior, written consent.

It is not permitted to use framing techniques to introduce any trademark, logo, or other information protected by industrial or intellectual property rights (including images, text, page design or formats) of Miniland and the companies in its group without the relevant prior, written consent. It is not permitted to use meta tags or any other “hidden text” that uses the registered names or trademarks of Miniland or of the companies in its group without the prior, written consent of Miniland. Any unauthorised use of these will result in cancellation of the permit or licence granted by Miniland.

Miniland grants you the limited, revocable and non-exclusive right to create a hyperlink to the Miniland homepage provided that this link does not represent Miniland, the companies in its group or its products in a way that is false, erroneous, denigrating or in any other way offensive. It is not permitted to use any Miniland logo or any other mark or graphic item registered as part of the link without our express, prior, written consent.

5. Link policy

The linked websites are not controlled by Miniland and therefore Miniland is not responsible for the content of any linked site nor for any link that is found on any linked website, nor for any change or updating of those websites. Miniland is only providing these links to you for your convenience, and the inclusion of any link does not imply Miniland’s approval of the website.

6. User conduct

You may not use the Website in any way that causes, or may cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must be aware that you, and not Miniland, are responsible for any electronic communication and content sent from your computer to Miniland, and that you must only use the Website for lawful purposes.

It is not permitted to use the Website:

• for fraudulent purposes, or purposes related to crime or unlawful activities of any type
• to send, use or reuse illegal, offensive, abusive, indecent, defamatory, obscene or threatening material of any type, or that involves a breach of the intellectual or industrial property rights, including copyrights and trademarks, or the right to confidentiality, privacy or any other right, or that is in any other way harmful or reprehensible for third parties, or whose content contains computer viruses, political propaganda, advertising, chain mail, mass e-mails or any other type of spam
• to cause any type of trouble or unnecessary problems

7. Communications and other content

Users of the Website may send communications, suggestions, ideas, comments, questions or other information, provided that the content is not unlawful, obscene, abusive, threatening, defamatory, does not invade the privacy of third parties, breach intellectual or industrial property rights, is not harmful or reprehensible in any other way for third parties and does not contain computer viruses, political propaganda, advertising, chain mail, mass e-mails or any other type of spam. It is not permitted to use false email addresses, to impersonate another person or organisation, or to lie in any other way about the source of any content. Miniland reserves the right (although it is not obliged to do so) to remove or change any content.

When you send any type of material, unless otherwise indicated:

• you grant Miniland and the companies in its group a non-exclusive, free and fully sublicensable and transferable right of use, over the use, reproduction, modification, adaptation, publication, translation, creation and exploitation of derivative works, and distribution and sampling of said content throughout the world and in any format; and
• you grant Miniland and the companies in its group and sub-licensees the right of use over the name that you have used in relation to the aforesaid content, if they decide to do so. You accept that these conferred rights are irrevocable during the full period of protection of the intellectual property rights associated with the content and material described above. You agree to waive your right to be identified as the author of this content and your right to object to the inappropriate treatment of the aforementioned content. You agree to carry out all the actions needed to formalize any of the rights mentioned above that you have conferred to Miniland, including the signing of contracts and documents, at Miniland’s request.

You state and guarantee that you yourself are the owner or control by other means all the rights over the content that you send and that, on the date on which the content or material is sent to Miniland: (i) the content or material is accurate; (ii) the use of the content or material that you provide does not conflict with any of Miniland’s applicable policies or guidelines and will not entail any damage to any person or entity (including that the content or the material is not defamatory). You agree to exonerate Miniland and the companies in its group from liability for any claims submitted by third parties against Miniland or companies of its group arising from or related to your failure to comply with these guarantees.

8. Claims for defamation

Given that Miniland publishes thousands of products for sale on the Website, it is not possible for us to review the content of each one of the products being sold. For this reason, Miniland acts on a basis of a mechanism of “notice and withdrawal”. If you consider that any of the content of the Website, or any content published on the Website is in any way defamatory, please notify us immediately by completing the form that can be found on the Website. Once you have done this, Miniland will initiate the relevant actions to withdraw the defamatory content that is the subject of the claim within a reasonable period of time.

9. Intellectual and industrial property rights over databases

All the content hosted on the Website, for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data and software collections are the property of Miniland, the companies in its group or its content providers and it is protected by the laws of Luxembourg and international laws on intellectual and industrial property rights, and database rights. All of the content of this Website is the exclusive property of Miniland and the companies in its group, and it is protected by Spanish and international laws on intellectual property and database rights. All the software used on this Website is the property of Miniland and the companies in its group, or our software providers, and it is protected by Spanish and international laws on intellectual and industrial property rights.

It is prohibited to reproduce, distribute and publicly communicate, including any means of making it available, all or part of the contents of this web page, for commercial purposes, on any medium and by any technical method, without Miniland’s permission. The user undertakes to respect the existing Intellectual and Industrial Property rights owned by Miniland.

All the content published on the website and particularly the designs, texts, images, videos, graphics, logos, icons, buttons, as well as the commercial names, marks or drawings and any other sign subject to industrial and commercial use are subject to the intellectual and industrial property rights of Miniland. Under no circumstances will it be understood that any licence has been granted or any waiver, transfer or assignment, either total or partial, of these rights has been made nor that any right or expectation of right has been conferred, and in particular, the rights of alteration, exploitation, reproduction, distribution or public communication over the aforementioned content without the prior, express authorisation of Miniland.

The systematic extraction and reuse of parts of the content of the Website is not permitted without the express, written consent of Miniland. In particular, the use of data extraction and search tools or robots is not permitted for the extraction (whether once or on several occasions) of substantial parts of this Website for its reuse without the express, written consent of Miniland. Nor is it permitted to create or publish your own databases when they contain substantial parts of this Website (for example: our product lists and price lists) without the express, written consent of Miniland.

10. Intellectual Property Claims

Miniland and the companies in its group respect the intellectual property of third parties.

11. Trademarks

Miniland Baby, Miniland Educational and other logos, buttons and graphic images that appear on our Website are trademarks or trade names of Miniland or its subsidiary companies (collectively referred to, for this purpose, as “Miniland”) in the European Union or in other jurisdictions. The graphics, logos, page headings, button icons, scripts and service names of Miniland are the trademarks or commercial image of Miniland. The trademarks and commercial image of Miniland may not be used in relation to any product or service that is not owned by Miniland, nor may they be used in any way that is likely to cause confusion among our clients, or that may denigrate or discredit Miniland. Other trademarks that are not the property of Miniland and that appear on this Website belong to their respective owners, who may or may not be affiliated or related in some way with Miniland, or sponsored by Miniland.

12. Patents

One or several patents apply to the Website and the functions and services accessible through the Website and all their equivalents abroad.

13. Limitation of liability

Miniland will be liable for any damage suffered by the user as a result of using the website when the damage is directly attributable to incorrect conduct by Miniland, with proof being provided that it has not complied with the established legal and regulatory demands and requirements. The user is responsible for adopting all appropriate technical measures to reasonably control the risks of open browsing on the Internet and to avoid damage to their equipment, loss of data and theft of confidential information. Miniland assumes no liability for any damage that may result from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operation of this website or on the users’ computer devices and equipment due to reasons beyond the control of Miniland which prevent or delay the provision of the services or browsing on the website; nor will it assume any liability for delays or blockages in use caused by deficiencies or overloads in the Internet or in other systems, or the inability to provide the service or allow access due to causes not attributable to Miniland, but attributable to the user, third parties, or to circumstances of force majeure. Miniland will not be liable if it does not have actual knowledge that the activity or information referred or recommended through its links is unlawful or that it damages the property or rights of a third party liable for compensation; nor will it be liable if it does have actual knowledge, and acts with due diligence to remove or deactivate the link or the relevant information.

14. Website security

The website uses information security techniques commonly accepted in the industry, such as firewalls, access control procedures, safe communications or cryptographic methods, among others, all with the purpose of preventing and reducing security incidents in relation to the data (confidentiality, integrity and availability). In order to achieve these purposes, the user agrees that the provider may obtain information for the purposes of the relevant authentication of the access controls and provision of the services that must be carried out in order to use the website.

Online security is also established through the settings of the different web browsers, so it is strongly recommended that you consult them.

15. Jurisdiction and applicable laws

Spanish Law applies to these conditions. For any disputes that may arise from these conditions, the parties waive any jurisdiction that may apply and expressly subject themselves to the Courts of the city of Alicante.

16. Amendment to the Legal Warning

Occasionally, this Legal Warning may be reviewed with the aim of updating it in line with changes in current legislation, updating our collection procedures and use of information, the appearance of new services or the exclusion of others. These changes will be applicable from the time they are published on the web, so it is important that you regularly review this Legal Warning in order to remain informed of any changes.