Terms of Use
The present terms and conditions of Use, Conditions of Sale and Privacy Policy regulate the use of the WEBSITE: www.smokingsweeties.com of which the owner is GENlUS STORE s.I., with NIF:ES-B-65357253, Commercial Registry of BARCELONA, Volume: 41989. Page: 213, S 8., Sheet: B-398275, and address: Sombrerers 1, Zip Code: 08003. Location: BARCELONA, Province: BARCELONA is the owner.
The Terms of Use below govern your access to and use of this Website, Services and Content. Please carefully read them before continuing to use this Website.
1. Qualification as User
By using this Website and its Contents, you agree to understand and comply with the Terms and Conditions of Use present, and you may only use this Website and its Contents in full compliance with These Terms, having the ability to form a binding contract with this Website and provided there is no law or regulation that prevents it. If you can not comply with these Terms and Conditions of Use, you must immediately abandon this Website and remove any content that you may have downloaded.
Additionally, to acquire the qualification of User of this Website:
- You warrant that you have at least 18 years of age (21 where the Majority of Age is not 18).
- You warrant that you have the legal right to access Adult Content and images of tobacco product consumption, in the country from which you access, as well as in your community.
- You warrant that you do not find offensive or undesirable images or references of the consumption of tobacco products, as well as images of partial nudity, and that viewing this type of content does not violate any of the rules of your community or your country.
- You warrant that you will not expose this Website and / or its contents to minors, or who may be offended by viewing such material.
- You agree that you know and understand the laws and regulations of your community, site and computer to which you are visiting this Website, and that you are the only responsible for your actions. If you use this WEBSITE in violation of this agreement, you understand that you may be infringing local and / or federal laws and that you are sole responsible of your actions.
- You warrant that you understand that the creators of these contents do not endorse, condone or encourage engaging in any conduct depicted in the contents of this Website.
- You warrant that your login data, password, download links and downloaded contents are for your own use, and you agree not to copy, sell, re-sell, redistribute or make accessible any of the data or contents appearing on this Web page to anybody else than yourself.
Through its WEB SITE www.smokingsweeties.com, GENlUS STORE s.I., hereinafter the WEBSITE ADMINISTRATOR, provides information about its products and online management, as well as offering the possibility of its acquisition. Due to the content and purpose of the WEBSITE, the people who want to buy their products must have the status of USERS / CLIENTS, which is acquired in the section MY ACCOUNT, and completing the REGISTRY form, as stated in the article , 13, of the General Data Protection Regulation-EU-2016/679, of the Parliament and Council of Europe, of, April 27, 2016.
The General Regulation-EU-2016/679, in its article, 6, section, f, says, that the interests or the fundamental rights and freedoms of the interested party that require the protection of their personal data, in particular when the interested party be a minor of 14, years who can not give their consent for an online trade to collect their personal data, being their legal representatives (parents or guardians) who can do it on their behalf, except when the child is at least 18 years old , that your consent will be lawful. In any case, the minimum age to access the WEBSITE is 18 years, (or 21 where the majority of age is not 18).
The term of conservation of the data of the USERS / CLIENTS, will be the tax by the current regulations.
The Delegate for Data Protection (DPD) is GRUPO QUALIA dpd@grupoqualia.net
2. Product Information
The descriptions of the articles displayed on the WEBSITE are made based on the product listings. The Website Administrator true to its essence provides a collection of special videos produced with different models and activities. For the Website Administrator, each client deserves our products to live up to their expectations.
3. Prices
The prices of the videos that are indicated through the WEBSITE, includes the VAT.
4. Availability
The Administrator of the Web Page will do everything possible to resolve all the doubts and negotiations requested to all his USERS / CLIENTS, as soon as possible in the demand of the consultations.
However, at times, and for reasons that are difficult to control by the Website Administrator as human errors or incidents in the computer systems, it is possible that the speed finally served to the USERS / CLIENTS, differs from the order initially made by The Administrator of the Web Page, to satisfy the orders of the USERS / CLIENTS.
In the event that the management is not available or could not be completed, after having placed the order, the USER / CLIENT, will be informed by email of the total cancellation of it. If, as a result of this cancellation, the USER / CLIENT wants to return the order, it must follow the stipulations in the Return section.
5. Payment
The USER / CUSTOMER is prompted to complete the payment once the product order has been placed. A Proof of purchase will be sent to the email account stated by the USER/CLIENT during checkout or registration. Once completed the payment, the USER / CLIENT will receive an email with download links for the purchased products for inmediate download. Additionally the download links will be displayed on the website right after the payment. The download links will be always accesible if the USER / CUSTOMER has created an account on the Website. The completion of the payment corresponding to the placed order is done by the USER / CLIENT by credit debit card or wallet accounts through any of the multiple payment platforms that are offered during checkout. The USER / CLIENT must notify the Administrator of the Website of any undue or fraudulent charge on the card used for purchases, by email, in the shortest possible time so that the Administrator can carry out the timely management.
6. Security
The Web Page Administrator has the maximum security measures commercially available in the sector. In addition, the payment process works on a secure server using the SSL protocol. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible and understandable by the USER / CLIENT’s computer, and that of the WEBSITE, in this way, when using the protocol SSL is guaranteed:
- that the USER / CUSTOMER, is communicating its data to the server center of the Web Page Administrator and not to any other that tries to impersonate it.
- that between the USER / CLIENT, and the server center of the Web Page Administrator, the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
7. Order Completion
Once the order has been formalized, that is, with the Acceptance of the Conditions of Use and the Confirmation of the purchase process in the MY CART section, the Administrator of The Website will always send an email to the USER / CLIENT, confirming the details and links for the download of the purchased video(s).
8. Return / Refunds
8.1. RETURN PROCEDURE
All products purchased on the Website of the Administrator can not be returned, due to the nature of the digital downloads, and the content contained therein, unless the videos are in poor condition or malfunction, the USER / CLIENT, will inform the Administrator of their intention to return the purchased product (s) within 24 hours of the acceptance of the order.
The USER / CUSTOMER is responsible for making sure that your orders are correct before buying any digital content. Before sending an order to the payment processor, the USER / CUSTOMER must ensure that they have not ordered the same clips in duplicate, and that they have provided their email address correctly. Fraud and friendly abuse by voiding the transaction with the issuing bank will result in the immediate disqualification of the USER / CLIENT and their account will be blocked.
If the reason for the return is attributable to the Administrator of the Website (the product is incorrect or incomplete, is not what was requested, etc.), the amount of the refund will be refunded. If the reason is different, the cost of the return costs will be charged to the USER / CLIENT.
To proceed with a return, the following steps should be followed:
Inform in the following 24 hours, from the acceptance of the product to which you want to be returned. Information can be made via email to, support@smokingsweeties.com
8.2. REIMBURSEMENTS TO USER / CLIENT
Only in the case that the video is defective or incorrect, the Administrator of the Website will also reimburse the USER / CUSTOMER for the corresponding expenses.
The Website Administrator will manage the return order under the same system that was used for the payment. The application of the return in the account or card of the USER / CLIENT will depend on the card and the issuing entity. The application period will be up to 30 days for credit cards.
9. Intellectual and Industry Property
The Administrator of the Web Page has all the rights on the content, design and source code of this Web Page and, especially, with enunciative but not limitative character, on the photographs, images, texts, logos, designs, marks , commercial names and data that are included in the web.
USERS / CLIENTS are warned that these rights are protected by current Spanish and international legislation regarding intellectual and industrial property.
Likewise, and notwithstanding the foregoing, the content of the WEB SITE, is also considered to be a computer program, and therefore, all applicable Spanish and European Community regulations on the subject also apply.
It is expressly forbidden the total or partial reproduction of this website, or any of its contents, without the express written permission of the Website Manager.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and / or any other action that involves an infringement of current Spanish and / or international regulations on intellectual and / or industrial property is totally prohibited. , as well as the use of the contents of the website if not with the prior express written authorization of the Administrator.
The Administrator of the Web Page informs that he does not grant license or implicit authorization on the rights of intellectual and / or industrial property or on any other right or property related, directly or indirectly, with the contents included in the WEBSITE.
Only the use of the contents of the web domain for information and service purposes is authorized, provided that the source is cited or referred to, the USER being solely responsible for the misuse of them.
10. Access and stay on the Website
10.1. OUR CONTENTS
The USERS / CLIENTS are fully responsible for their conduct, when accessing the information on the WEBSITE, while they are browsing it, as well as after they have accessed it.
As a consequence of this, the USERS / CLIENTS are the only responsible before the Website Manager and third parties of:
The consequences that may arise from the use, for purposes or effects illicit or contrary to this document, of any content of the WEBSITE, prepared or not by the Administrator of the Website, published or not under his / her name. official.
As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that may in any way damage, disable or impair the WEBSITE, or its services or prevent normal enjoyment by other USERS.
The Administrator of the Website reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as denying access to the WEBSITE to USERS. / CLIENTS, that misuses the contents and / or breaches any of the terms and conditions that appear in this document.
The Administrator of the Website informs that it does not guarantee:
That the access to the WEBSITE, and / or the link webs are uninterrupted or free of error and that its Contents are constantly available in the future, either totally or partially.
That the content or software to which the USERS / CLIENTS access through the web, or of the link web, is complete, truthful, accurate, or that does not contain any error, computer virus or other elements in the contents that may cause alterations in your system or in electronic documents and files stored in your computer system or cause other types of damage.
The use of the information or content of the WEB SITE, or link websites that USERS / CLIENTS, could make for their personal purposes, or that the information offered be adapted to your needs and be suitable for the USER / CLIENT .
The information contained in this Website must be considered by the USERS / CLIENTS, as informative and guiding, both with respect to its purpose and its effects, so: The Website Administrator does not guarantee the accuracy of the information of the WEBSITE, and therefore do not assume any responsibility for the possible damages or inconveniences for the USERS / CLIENTS, that could derive any inaccuracy present in the WEBSITE.
10.2 OUR RESPONSIBILITY
The Administrator of the Web Page does not assume any derived liability, by way of example but not limited:
Of the use that the USERS / CLIENTS may make of the WEB SITE materials or link websites, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the WEBSITE content, or of third parties.
The possible damages and losses to the USERS / CLIENTS, caused by a normal or abnormal functioning of the search tools, of the organization or location of the contents and / or access to the WEBSITE, and, in general, the errors or problems that are generated in the development or instrumentation of the technical elements that the WEBSITE, or a program facilitates the USER / CLIENT.
Of the contents of those pages to which the USERS / CLIENTS can access from links included in the WEBSITE, whether authorized or not.
The acts or omissions of third parties, regardless of whether these third parties could be linked to the Administrator of the Website through contractual channels.
The access of minors to the contents included in the WEB SITE, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors under their care or to install any of the control tools of the use of the Internet in order to prevent access to materials or contents that are not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.
The Administrator of the Web Page will not be responsible in any case when they occur:
Errors or delays in accessing the WEBSITE, by the USER / CLIENT, when entering their data in the service request form, the slowness or impossibility of reception by the recipients of the confirmation of the order or any anomaly that may arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of the Website Administrator.
Errors or incidents that may occur in communications, deletion or incomplete transmissions, so that the services of the website are not guaranteed to be constantly operative.
Of the errors or damages produced to the website due to an inefficient and bad faith use by the USER / CLIENT.
Of the non-operation or problems in the electronic address provided by the USER / CLIENT, for sending the confirmation of the order for services.
In any case, the Administrator of the Website is committed to solving any problems that may arise and offering all the necessary support to the USER / CLIENT, in order to arrive at a quick and satisfactory solution of the incident.
Likewise, the Administrator of the Website has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service.
The Administrator of the Website reserves the right to modify the conditions of application of the promotions, to extend by duly communicating, or to proceed to the exclusion of any of the participants and / or USERS / CLIENTS, of the promotion in the event to detect any anomaly, abuse or unethical behavior in their participation.
11. Privacy Policy
USERS / CLIENTS agree to browse the WEBSITE and use the content in good faith.
In compliance with the provisions of the General Data Protection Regulation-EU-2016/679, we inform you that the completion of any existing form on the WEBSITE, or the submission of an email to any of our mailboxes implies the acceptance of this privacy policy, as well as the authorization to the Administrator of the Website to treat the personal data that you provide, which will be incorporated into the file, ownership of the Person in Charge of the Treatment and / or Administrator of the Website, registered in the General Registry of the Spanish Agency for Data Protection.
The data of the USERS / CLIENTS, will be used for the sending via email of the online and physical managements, made by the Administrator of the Website, as well as for the delivery of purchases.
By the mere visit to the WEBSITE, the USER / CLIENT, does not provide personal information or is obliged to provide it.
The Administrator of the Web Page undertakes to keep the maximum reserve and confidentiality on the information that is provided to him and to use it only for the indicated purposes.
The Administrator of the Website presumes that the data has been entered by its owner or by a person authorized by it, as well as correct and accurate.
These data will be entered into an automated file under the responsibility of the Website Manager, and will be entered into an automated file under the responsibility of the Website administrator, for the purpose of to be able to facilitate, expedite and fulfill the commitments established between both parties. Also, the Website Manager informs of the possibility of exercising the access rights, which allows the USER web, to know what personal data the Administrator of this page has and in that case he will answer within a period of 30 days, as long as he keeps the data, rectification, which allows correcting errors, modify data that are inaccurate or incomplete and ensure the accuracy of the information, opposition that may request and ensure that it does not carry out data processing, deletion that allows the deletion of inappropriate or excessive data, limitation, by the that you can request that the processing of your data be limited when you have exercised your right to rectification of your personal data, and portability, so that the USER can obtain a copy of the personal data that you have provided on the web in order to be able to transmit them to other services, these rights may be exercised by any means that leaves a record of your shipment and its reception to the address: SOMBRERERS, 1 Postal Code: 08003, Location: BARCELONA, Province: BARCELONA, E-mail: support@smokingsweeties.com, providing a photocopy of the DNI or alternative documentation that proves your identity.
As long as you do not tell us otherwise, we will understand that your data has not been modified, that you agree to notify us of any variation and that we have the consent to use them in order to build loyalty between the parties.
The sending of your data through the forms on our website will be compulsorily subject to having read / accepted the Conditions of use through a mandatory check box at the bottom of the form.
In accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce in its article 21, we ask for your consent to be able to make advertising communications that we consider may be of your interest, by mail electronic or by any other means of electronic communication equivalent, this consent will accept or deny it with a mandatory check box at the bottom of the form.
To modify or update your personal data the USER / CLIENT, you must access the WEBSITE, in the section, REGISTRATION, To cancel your account you will write from the email of your account to: support@smokingsweeties.com with the subject “Cancel Account”.
To modify, update or cancel your account of your personal data the USER / CLIENT must access the WEBSITE, in the REGISTRATION section, you will write from the account email to: support@smokingsweeties.com with the subject to try.
Therefore, the USER / CUSTOMER is responsible for the accuracy of the data and the Administrator of the Website will not be responsible for the inaccuracy of the personal data of the USERS / CLIENTS.
In accordance with current legislation on data protection, the Administrator of the Website has adopted the security levels appropriate to the data provided by the USERS / CLIENTS and, in addition, has installed all means and measures to its scope to avoid loss, misuse, alteration, unauthorized access and extraction thereof.
The information contained in this Website must be considered by the USERS / CLIENTS, as informative and guiding, both with respect to its purpose and its effects, so: The Website Administrator does not guarantee the accuracy of the information of the WEBSITE, and therefore do not assume any responsibility for the possible damages or inconveniences for the USERS / CLIENTS, that could derive any inaccuracy present in the WEBSITE.
10.2 OUR RESPONSIBILITY
The Administrator of the Web Page does not assume any derived liability, by way of example but not limited:
Of the use that the USERS / CLIENTS may make of the WEB SITE materials or link websites, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the WEBSITE content, or of third parties.
The possible damages and losses to the USERS / CLIENTS, caused by a normal or abnormal functioning of the search tools, of the organization or location of the contents and / or access to the WEBSITE, and, in general, the errors or problems that are generated in the development or instrumentation of the technical elements that the WEBSITE, or a program facilitates the USER / CLIENT.
Of the contents of those pages to which the USERS / CLIENTS can access from links included in the WEBSITE, whether authorized or not.
The acts or omissions of third parties, regardless of whether these third parties could be linked to the Administrator of the Website through contractual channels.
The access of minors to the contents included in the WEB SITE, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors under their care or to install any of the control tools of the use of the Internet in order to prevent access to materials or contents that are not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.
The Administrator of the Web Page will not be responsible in any case when they occur:
Errors or delays in accessing the WEBSITE, by the USER / CLIENT, when entering their data in the service request form, the slowness or impossibility of reception by the recipients of the confirmation of the order or any anomaly that may arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of the Website Administrator.
Errors or incidents that may occur in communications, deletion or incomplete transmissions, so that the services of the website are not guaranteed to be constantly operative.
Of the errors or damages produced to the website due to an inefficient and bad faith use by the USER / CLIENT.
Of the non-operation or problems in the electronic address provided by the USER / CLIENT, for sending the confirmation of the order for services.
In any case, the Administrator of the Website is committed to solving any problems that may arise and offering all the necessary support to the USER / CLIENT, in order to arrive at a quick and satisfactory solution of the incident.
Likewise, the Administrator of the Website has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service.
The Administrator of the Website reserves the right to modify the conditions of application of the promotions, to extend by duly communicating, or to proceed to the exclusion of any of the participants and / or USERS / CLIENTS, of the promotion in the event to detect any anomaly, abuse or unethical behavior in their participation.
12. Nullity
In case any clause of these terms and conditions of use is declared void, the remaining clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these terms and conditions.
The Administrator of the Website may not exercise any of the rights and powers conferred in this document, which shall not imply any waiver of the same unless expressly acknowledged by the Administrator of the Website or prescription of the action. that in each case corresponds.
13. Modification of the Terms of Use
The Website Administrator reserves the right to modify, at any time, the presentation and configuration of the WEBSITE, as well as these Terms and Conditions of use.
For this reason, the Website Administrator recommends the USER / CLIENT to carefully read the Terms and Conditions of Use, each time he accesses the WEBSITE. The USERS / CLIENTS will always have these Terms and Conditions of Use in a visible place, freely accessible for any queries they wish to make.
14. Applicatble law and arbitration
The present terms and conditions of use are governed by the Spanish legislation applicable in the matter. To resolve any controversy or conflict that may arise, the parties submit to the jurisdiction of the courts of SABADELL, BARCELONA, the origin city of the company that owns the WEBSITE unless the law imposes another jurisdiction.