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Terms and conditions

  1. OWNER OF THE WEBSITE

This website is owned and operated by:

CINELENSES, S.L. (from now on, CINELENSES),with N. F.I.: B01921204, registered in the Mercantile Registry of Asturias on September 16, 2020 in volume 4409, folio 160, inscription 1 AS-56839

Contact address: Calle Doctor Casal, 4, 3º D, 33001, Oviedo (Asturias)

Contact telephone: (+34) 985 757 156

Email: admin@cinelensesapp.com

  1. OBJECT OF THESE CONDITIONS AND THE WEBSITE

The purpose of these conditions of use is to regulate the relationship between CINELENSES and the USER, as well as the use of the website and its services by the latter.

The purpose of the website is to act as a portal for the sale of glasslenses, which meet the specifications that will be detailed below, so that other users can purchase them.

The services offered by CINELENSES (hereinafter, the "Service") consist of allowing users to publish offers for the purchase and sale of video lenses, owned by the offering user, as well as communication with users interested in acquiring the items offered in order to complete the transaction.

  1. ACCESS AND ACCEPTANCE OF THE TERMS OF USE

By accessing or using the Website and apps, you do so under your sole and exclusive responsibility by granting you the status of user (hereinafter, "User" or "Users") and assume that you have read, understand and expressly agree to comply without reservation with these Terms of Use in the version published at all times.

In case of not agreeing with these Terms of Use, in whole or in part, the User must refrain from using the Services.

Likewise, you declare that you are of legal age or that according to current legislation you are able to make purchases, being prohibited the use of the Service to minors or that they lack the capacity to make purchases.

At any time we reserve the right to extend, modify, replace and / or cancel our Services and / or these General Conditions, without prior notice and without giving rise to any liability or compensation on the part of CINELENSES. We will make every effort to notify you of any changes to the Terms of Use, in particular, if you are a Registered User, we will notify you of any modification of the Terms of Use by email to the email address you provided us during registration.

If you do not agree to these Terms of Use or any modifications that may be made to them, you must stop using the Website and apps or the Services. If you continue to use them, you are accepting the Terms of Use.

  1. NEED FOR REGISTRATION

In order to offer your product on our Website and Apps for the publication of an advertisement, or to contact an advertiser, you must register in advance.

The data entered by the User must be accurate, current and truthful. The registered User will be responsible at all times for the custody of his password, assuming consequently any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same, and must immediately inform CINELENSES in case he has reason to believe that his password has been used in an unauthorized way or is likely to be so. In any case, the access to restricted areas and/or the use of the Service made under the password of a registered User will be considered to have been made by said User, who will be responsible in any case for such access and use.

  1. PUBLICATION OF A NOTICE

By publishing an advertisement you acknowledge that you are the owner of the good or product you are advertising (or that you are duly authorized by the owner of the same for its publication) and you will be solely responsible for the veracity of the published data, so you will be exclusively responsible for any liability or damage that may arise in this regard.

To post one or more listings, once registered, you must subscribe to one of our availableplans, detailed in item 6 regarding the Subscription.

The products that can be advertised on the CINELENSES website are only cinema lenses and cinema cameras,being expressly prohibited the sale of any other good or product.

The User who wishes to put a product on sale must take into account that by publishing his/her advertisement he/she is issuing an offer for sale, which will be binding as long as it is accepted by another User.

In any case, when publishing its advertisements, the User must take into consideration the following:

  • It is not allowed to serve ads with images of sexual content.
  • It is not allowed to publish ads with images of sex, eroticism or fetishism.
  • It is not allowed to make advertisements that can be considered pyramid schemes or similar.
  • It is not allowed to publish images or descriptions that do not correspond to the article actually offered.
  • It is not allowed to publish images of minors

In any case, CINELENSES reserves the right to withdraw an advertisement without priornotice.

  1. subscription

price

The price for the User who accesses the Website or apps for the sale of goods or products will depend on the modality selected. There are several subscription plans. Each available subscription plan allows you to have a certain number of listings active. Namely:

  • Plan nº 1: allows you to have available hasta 2 ads,for a cost of 20 euros per month
  • Plan nº 2: allows you to have available up to 5 ads,for a cost of 40 euros per month
  • Plan nº 3: allows you to have available up to 15 ads, for a cost of 60 euros per month
  • Plan nº 4: allows you to have available up to 30 ads,for a cost of 150 euros per month

All this, without prejudice to the possible offers that are published or sent by any other means.

In no case will CINELENSES charge commissions for sale or operatesuccessfully. There will only be subscriptions that will entitle the offering User to insert the corresponding number of advertisements according to the subscription modality chosen.

The amounts shown here are with value added tax included.

Payment method

The payment will be made by payment card, through the "Stripe" payment gateway.

Billing cycle

While the subscription is active, the price indicated for the selected subscription will be charged automatically monthly.

Each payment made makes it possible to advertise ads during the corresponding billing cycle, according to the chosen plan.

cancellation

You can cancel your subscription at any time, at no cost. Likewise, CINELENSES may cancel your subscription at no cost.

Payments are non-refundable, and therefore in case you cancel your subscription you can continue to publish or keep published ads until the end of the billing cycle. In the event that CINELENSES cancels the subscription because it considers that these terms of use have not been respected, no refund will be made.

Changing pricing and subscription plans

CINELENSES reserves the right to change its subscription plans, as well as any circumstances relating to them at any time. However, no change in price or other characteristics shall take effect within 30 days of notification of these, unless the change benefits the Usuarioin avisionarymanner.

Right of withdrawal

In accordance with article 103.m) LGDCU, being a supply of digital content that is not provided in a material medium, whose execution begins automatically with the acceptance of the contract, the User does not have the right of withdrawal.

  1. Requirements

In order to use the Service, the Usuario must have the necessary systems, connections and equipment. Use of the Service may require Usuario to install third-party software. CINELENSES may provide information on the Website and by other means in relation to third-party software that may be used, but under no circumstances shall it be responsible for such third-party software.

The service requires the Usuario to have access to the internet connection that is necessary. The Usuary is responsible for all expenses associated with such a connection, including data traffic charges.

  1. BUYING AND SELLING PROCESS

Once the bidding User has successfully subscribed and has an active plan, he will be assigned a private profile where the option of "products for marketplaces"willappear, where the User himself must access to advertise his products.

Once the bidding User has inserted the advertisement, it will appear published on the website and/or app, so that it will be visible to the other Users.

The User interested in an offered product will have the option to write a message, which will arrive directly to the Offering User. Previously, it will be necessary that the User interested in a product has registered on the cinelenses website and/or app. Failure to record will make it impossible to continue the transaction.

At the moment in which the offering User and interested User contact CINELENSES ceases to intervene and therefore will not be responsible for the agreement between the Users, prices, shipments, deliveries, etc. The Interested User will only pay the price of the product to the Offering User, not to CINELENSES.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY AND TRADEMARKS

Ownership of the content of the Website lies with CINELENSES or its licensor and is protected by copyright, trademark rights and/or other intellectual property rights. The subscription agreement does not in any way imply the transfer to the Usuario of the ownership or any other intellectual property right over the contents of the Service or the Service itself. Any use not previously authorized by the owner will be considered a serious breach of the trademark right or the intellectual or industrial property rights of the author. They are expressly prohibited, among others: the reproduction, modification, adaptation, public communication, maintenance, correction of errors, assignment, sale, lease, loan and / or any other intellectual or industrial property right that may correspond to you on the contents of this website. All distinctive signs, trademarks, service marks, trade names, logos, domain names and any other characteristic of the CINELENSES mark are the exclusive property of CINELENSES. The Contracts do not grant any right to use the Distinctive Signs of CINELENSES either for commercial or non-commercial purposes.

The User assigns free of charge and exclusively to CINELENSES the rights of public communication, reproduction, distribution and transformation that it has on the contents,in all the modalities of exploitation existing on the date acceptance of these conditions of orso, for the entire period of validity of the rights object of assignment, for the universal territorial scope.

  1. USE OF THE SERVICE

The User undertakes to use the Service in accordance with the provisionsof the law, morality, public order andthe present conditions of uso. Likewise, it is obliged to make appropriate use of the Service and not to use it to carry out illegal or criminal activities, that violate the rights of third parties or that violate any rule of the legal system.

The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (products, objects, data, content, messages, drawings, sound andimage files, photographs, software, etc.) that are contrary to the law, morality, public order andthese conditions of use. By way of example and not exclusive,the User undertakes to: (a) Not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, advocating terrorism or that violate human rights; (b) or disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties; (c) nor disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising; (d) nortransmit unsolicited or unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid schemes", or any other form of solicitation; (e) orintroduce or disseminate any false, misleading, ambiguous or inaccurate information and content in a way that misleads or is likely to mislead the recipients of the information; (f) or impersonate other Users of the Service or transmit the account access data or password to a third party; (g) or disseminate, transmit or make available to third parties any type of information, element or content without the authorization of the owners of the intellectual and industrial property rights that may fall on such information, element or content; (h) nor disseminate, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of communications and the legislation of personal data; (i) not to disseminate, transmit or make available to third parties photographs or any representation or image of minors; (j) circumvent, modify, remove, alter or otherwise manipulate any security, encryption or other technology or software that is part of the Service; or (k) otherwise use the Service in violation of copyright orother laws.

  1. SOCIAL NETWORKS

CINELENSES may allow the Usuario to make part of its user account available on social networks such as Facebook and Twitter. In the event that the Usuary decides to use this feature, the public and other Usuarios may see part of the user's account in connection with the Service, including the content that the Usuario has viewed through the Service. The Usuarios consents to such content being made available to the public and acknowledges that CINELENSES is not responsible for the content when it is available on social networks. In the event that the Usuario uses the social networks in connection with the Service, the Usuario may not use the social networks in a way that can be considered offensive, disturbing, harassing, obscene, discriminatory or in general inappropriate or illegal.

  1. LINKS TO THE PLATFORMS

In the event that CINELENSES wants to display content from a third website, it is reported that CINELENSES has no control over such links or the content of such websites, nor does it assume any responsibility for them. U suario's use of such websites is at your own risk. In the case of a third website that wants to display content from the CINELENSESwebsite, the link must lead to the Usuario,by means of a"click", to the URL address of the CINELENSESwebsite, through a complete and absolute link, having to completely cover the entire extension of the screen of the Main Page of this website. In no case, unless expressly authorized in writing cinelenses,the website that makes the link may reproduce, in any way, the website of CINELENSES,include it as part of its website or within one of its "frames" or create a "browser" on any of the pages of the website of CINELENSES. CINELENSES does not authorize the establishment of a link to this website from those websites that contain information, materials or content that are illicit, illegal, discriminatory, degrading, obscene, and in general, contrary to commonly accepted ethical principles, that contravene morality, public order, generally accepted social norms or those that contain content contrary to any rights of third parties. If the entity, Usuario or website that makes the link from its page to the CINELENSES website in a correct way wishes to include in its website the brand, denomination, trade name, label, logo, slogan or any other type of identifying element of CINELENSES and / or its website, it must have prior express written authorization.

  1. EXCLUSION OF LIABILITY

The U suario undertakes not to use this website and its contents in a manner contrary to the provisions of theseconditions of use and current legislation. The owner, in no case, will be responsible for the damages that may cause the Usuario by erroneous or improper use in relations with third parties, being the sole and exclusive responsibility of the Usuario of the website. CINELENSES is also not responsible for any damages that may be caused, as a result of (by way of example): the lack of availability of the website (due to technical maintenance that entails periodic stops), errors or omissions in the contents or the transmission of viruses or malicious or harmful programs of the contents, despite having adopted all possible measures to avoid it. The website is not responsible for the contents that the User may have hosted.

Because CINELENSES only contacts Users, CINELENSES will not have any responsibility for the relations between them, either for breach of the agreement, product not in accordance with what was announced, false user data, or any other reason.

 The links or contents of third parties that appear on this website have the purpose of extending information, facilitating the search for information, content and services on the Internet or offering another point of view (without being considered in any case a suggestion, recommendation or invitation to visit them), but their inclusion does not imply the acceptance of the contents or the association of the owner with those responsible for them , so any responsibility that such contents could cause is rejected.

In the event that the user considers that there is any content on the website that could be likely to affect or contravene national or international legislation, the rights of third parties or morality and public order, they must immediately notify admin@cinelensesapp.com. CINELENSES has been reviewed and tested to make it work properly. However, the possibility that there may be certain programming errors, or that there may be causes of force majeure, natural disasters, strikes, or similar circumstances that make permanent access to the website impossible, is not ruled out.

  1. RIGHT OF EXCLUSION

CINELENSES reserves the right to deny or withdraw access to the website and/or the services offered without prior notice, at its own request or at the request of a third party, to those USERS who fail to comply with these terms of use.

  1. RIGHT TO INDEMNIFY

Usuario agrees to indemnify and hold harmless CINELENSES,its subsidiaries, employees, board members and licensors from and against any loss, expense or demand arising out of, or in conjunction with, Usuario's breach of this document and applicable laws or Usuario's violationof the rights of third parties.

  1. PRIVACY POLICY

We respect at all times the privacy ofour U suarios. To access it. you can click here: https://www.cinelenses.com/privacypolicy

  1. "COOKIES" POLICY

Our website uses cookies. To know more, access to https://www.cinelenses.com/cookiepolicy.

  1. MODIFICATION AND UPDATING OF THE TERMS OF USE

CINELENSES reserves the right to modify the rates and other terms and conditions of the Service. The Usuario will be warned of these changes at least 30 days before the entry into force of the same. If the Usuario does not accept the changes notified, the Usuario may terminate the Agreement before those changes become effective. If the Usuary fails to resolve the Agreement before such changes become effective, the Usuary will be deemed to have accepted the changes. Changes which are clearly advantageous to the Usuary may be applied immediately and CINELENSES is not obliged to notify the Usuary of such changes.

  1. CLAIMS AND LITIGATION

If for any reason the User is not satisfied with the Service, the User may contact CIENELNSES as provided in the contact clause, to file a claim, in order to resolve their claim amicably, without having to go to a third party.

If the Usuario considers that his claim has not been resolved in a satisfied manner, he may go to court or to an alternative dispute resolution body.

In the event that the User is acting as aconsumer, he/she may go, among others, to the European dispute resolution platform, accessible through the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

In the event that the dispute is not resolved by the above means, it may be resolved by the competent court subject to Spanishlaw. For these purposes, in the event that the Usuario is not acting as a consumer, the User waives the jurisdiction that may correspond to him and expressly submits to the Courts and Tribunals of Oviedo.

The Usuario may go to court without having to initiate the alternative route set out in the previous paragraph, if he so wishes.

  1. contact

The Usuario may contact CINELENSES by sending a written communication to Calle Doctor Casal, 4, 3º D,33001, Oviedo (Asturias);or by writing to the e-mail admin@cinelensesapp.com. The application must contain the following information: nameand surname of theinterested party, fotocopy of the D.N.I. (or, where appropriate, passport or C.I.F.) theapplication is made, thepurpose of notifications,theevidence, the applicationand the evidence of the request beingmade.