Legal Disclaimer

(Up-dated 1 April, 2013)

Legal information

Article 10 of Law 34/2002, dated 11 July, on the Services of the Society of Information and Electronic Commerce, establishes the obligation of anyone who offers services of the society of information to dispose of means that allow both the recipients of the service as well as the competent bodies to use electronic means to access certain information we provide in this section in a permanent, simple, direct and free manner.

Data of the owner of www.ternua.es:

• Owner: IMPORT ARRASATE, S.L.
• CIF (Tax code): B20212775
• Address: Polígono Industrial Kataide, 25B
• 20500 Arrasate-Mondragón (Guipúzcoa) – Spain
• Telephone: 943 71 20 34
• Fax: 943 77 13 01
• Email: infor@ternua.com

IMPORT ARRASATE, S.L. is registered in the Company Register of Guipúzcoa in Volume 1230, Folio 150, Page SS-4588, 1st registration.

Conditions regarding website use:

On using www.ternua.es, it is understood that the user has read, understood and completely and without reserve accepted the legal disclaimer herein, the conditions of use, the privacy policy and the other disclaimers or instructions that appear on this website. Users undertake to make good use of the website, in accordance with the law, ethical values and public order.

In the event the user does not agree, they should refrain from using www.ternua.es.

At any moment, IMPORT ARRASATE, S.L. reserves the right to modify the contents, information, terms of this website, current conditions of use, privacy policies and other disclaimers. In this case, we will inform users via the website or by sending an informative email to whoever requests it, so they can decide whether or not they wish to continue using the website.

It is possible that www.ternua.es may contain links to other sites or websites owned by third parties, although we do not accept any responsibility for the sites in question since we have no control over them. This means that users accept the exclusive responsibility for accessing the content offered by the other sites and their respective conditions of use.

Copyrights and intellectual property

Users acknowledges and accept that all brands, trademarks or distinctive signs, contents, all the rights of industrial or intellectual property and/or any other elements inserted in this website are the exclusive property of IMPORT ARRASATE, S.L. and/or third parties, who have the exclusive right to use them for commercial purposes. Under no circumstances will the access to the website imply any type of waiver, transmittal, licence or total or partial transfer of said rights, except when the contrary is expressly established.

Pursuant to the previous paragraph, the users of the website are forbidden to reproduce, copy, transfer, distribute, modify or make any other use of the rights, in a total or partial manner, in regard to the information and content of this website without previous, written permission from IMPORT ARRASATE, S.L.

The content of this website may not be reproduced totally or in part, nor transmitted, registered by any information recovery system, in no manner nor in any means, unless written permission has been given by the previously mentioned company.

IMPORT ARRASATE, S.L. is the owner of the elements that make up the graphic design of their website, the menus, HTML code, text, brands, logotypes, colour combinations, buttons, images, graphics and any other content included on the website, as well as the structure, selection, layout and presentation of its content or, in any case, it is in possession of the corresponding permission to use said elements. The content of the website may not be reproduced either totally or partially, nor transmitted or registered by any information recovery system, in any form or in any means, unless it has previous written permission from the previously mentioned company.

Therefore, users are obliged to use the website, its content and services in a diligent and correct manner, in accordance with the Law, ethical values, good use and habits, good faith and these conditions for use, with scrupulous respect for the rights of intellectual property that correspond to IMPORT ARRASATE, S.L.

Users are expressly forbidden to use the website for purposes that are illicit, prohibited, detrimental to third parties or which may, in any way, damage the brand, image or reputation of IMPORT ARRASATE, S.L.

Users will respond to the damages and losses of any nature that may be undergone by IMPORT ARRASATE, S.A. as a consequence of failing to comply any one of the obligations to which they are subject by the applicable conditions. IMPORT ARRASATE, S.L. reserves the right to exercise the appropriate legal actions in defence of their rights.

Protection of personal data

www.ternua.es collects personal data via several forms, such as the registration form, newsletter, work with us, contact or by means of the email addresses provided for establishing contact.

The data will be treated at all times with respect for the legislation in force on matters related to the protection of personal data, and in accordance with the privacy policy described in the website herein, which users should read before providing their data.

In all cases, the forms used to collect personal data include an informative clause explaining how the data will be treated in each one of the forms.

With the purpose of providing the security measures to protect our users' data, we have incorporated an electronic signature into the different forms. These signatures use SSL protocol (Secure Sockets Layer), thus ensuring the information is encrypted and transmitted by means of 128-bit keys.

Commercial communications

Pursuant to Law 34/2002, dated 11 July, on the Services of the Society of Information and Electronic Commerce and Law 56/2007, dated 28 December, on the Measures to Promote the Information Society which amends it, users of www.ternua.es are informed they will not be sent advertisements or commercial communications by email or any other equivalent means of electronic communication without their previous request or consent, which will be obtained via the corresponding forms provided especially for the purposes.

If IMPORT ARRASATE, S.L. sends you advertising or marketing messages, they will be duly marked with the word “advertisement” or the abbreviation “ad”, to avoid mistakes.

In all cases, users will be able to oppose or state their refusal to receive commercial communication sent via electronic means by sending an email to lopd@ternua.com. Users will be given the chance to refuse receiving this type of communication in every message they are sent.

Liabilities of the website owner

IMPORT ARRASATE, S.L. does not guarantee the absence of viruses or any other elements in the content, thus it will not be held liable for any damage caused to the users' equipment or systems as a consequence of possible computer viruses that could have entered while a user was browsing the website.

In the same way, the owner of www.ternua.es neither controls nor guarantees continuous access, correct visualisation, downloading or usefulness of the elements and information contained in the owner's website that could be blocked, hampered or interrupted by factors or circumstances beyond the owner's control and they will not be held responsible in the event there are interruptions, delays or malfunctioning when it is due to causes beyond the control of IMPORT ARRASATE, S.L., force majeure or guilty or fraudulent acts carried out by the user.

IMPORT ARRASATE, S.L. does not assume any responsibility for any information about us that could exist on websites owned by third parties, nor that which can be accessed via browsers or links belonging to third parties that direct users to www.ternua.es.

Use of the website by minors

Minors are allowed to access www.ternua.es although only people over the age of 18 and emancipated minors may purchase articles. If a minor wants to ask us for information or they provide us with their personal data, they will only be able to do so in their own name if they are older than 14 years of age. In the case of people under 14, the request shall be made by whoever has the parental custody, legal tutor or representative, who will act on behalf of the minor and give the company their permission to treat the minor's personal data, thus, whoever is in charge of a minor will assume the exclusive responsibility of determining whether the services and contents on the website are suitable for the age of the minors.

IMPORT ARRASATE, S.L. does not assume any responsibility in the event minors of the age mentioned above provide us with their personal data, failing to comply with these obligations.

Cookies

Cookies are small text files that are stored in the hard disk or memory of the computer that accesses or visits the pages of determined websites, in such a way it is possible to know users' preferences when they connect again. The cookies stored on the user's hard disk cannot read the data contained inside it, access personal information nor read the cookies created by other suppliers.

The users of www.ternua.es are informed that to ensure the system functions correctly, this type of technology is necessary. Specifically, on our website there are cookies that are used for different purposes:

• - identify and recognise the registered users, both the client ID, as well as the session ID in the web server
• - during the purchasing process, to know the contents of the basket, thus being able to correctly transmit the purchases made by users, without them having to add the previously requested articles again
• - store the information related to articles that have been added to the basket, in such as way users may see them in future connections even if they have closed their browser without completing the purchasing process
• - store the information regarding the different categories of the website, which will mean the pages are displayed quicker
• - store the elements the user has on the list they have created of compared articles.
• - identify the preferred currency
• - identify the language selected by the user
• - dispose of login details for entering the store
• - indicate whether or not the cache memory is enabled, as well as indicating if the user is allowed to use it
• - allow guest users to edit their orders
• - access the most recent category visited and the article that was last seen
• - indicate if a message has been received
• - identify the surveys in which the user has recently voted, as well as their content
• - information about products they have sent by email to their friends
• - indicate whether or not a user gives their permission to use cookies
• - conserve and allow access to the user to the number and the articles on their wish list
• - if users wish, enable them to share website information on social networks

Lastly, pursuant to what is described in the following section, the website likewise uses cookies sent by Google derived from using “Google Analytics”, which enables us to know the browsing preferences of users in general (not of each user) in such a way we can modify and up-date our website to improve it and provide better service.

The use of this website implies users have accepted the policies regarding use of cookies and they have given their consent to their use; otherwise, pursuant to what is described in the section “website conditions of use” contained in this legal disclaimer, users must refrain from using www.ternua.es.

Google Analytics

This website uses Google Analytics, an analytical web service provided by Google, Inc., a company from Delaware whose main office is at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses “cookies”, which are text files stored inside your computer to help the website analyse users' browsing activity. The information generated by the cookies about your activity on the website (including your IP address) will be directly transmitted and stored by Google on the servers in the United States. Google will use the information on our behalf to track your use of the website, collecting records of the website activity and offering other services related to the website activity and the use of the Internet. Google may transmit said information to third parties when requested by law, or when third parties process the information on Google's behalf. Google will not associate your IP address with any other data that may be owned by Google. Users may object to the treatment of data or information by objecting to the use of cookies by means of selecting the appropriate settings on their browser; however, users must be aware that if they do not agree to the use of cookies, it is possible they will be unable to use all the functionalities of the website. When using the website, users consent to Google treating the information about them in the manner and for the purposes explained above.

Information about social networks

Via this section we would like to inform users how we apply our policies regarding the use and treatment of data on the social networks where we are present.

In regard to Facebook, when users become fans of our page by clicking on the “Like” button, they are giving us permission to only use their personal data on the Facebook platform to manage our website and the communications we maintain in a two-directional manner with our followers via chats, messages or other means of communication allowed by the Social Network today, and in the future.

However, this treatment will be subject to the social network's privacy policies, which users can consult at the following link: http://www.facebook.com/policy.php. When users become fans, we will have a list of the members or followers who have joined us.

We would also like to inform you that when a user becomes a fan, the news we publish will also appear on their timeline and if this person posts a comment on ours, it can be accessed by the other fans; the comment, name of their profile as well as their photograph, if applicable. In all cases, the user will be responsible for the manner in which they use the Social Network.

We will not use the personal data belonging to users for purposes that are different to those described in previous paragraphs nor will we use the data to send information in any environment other than the social network.

In regard to the rights of access, rectification, cancellation and opposition recognised by the LOPD, we can only act in accordance with the possibilities for that effect allowed by Facebook. If users wish to exercise any right of this nature, they shall have to address Facebook.

However, you may cancel your registration at any moment by clicking on the “unlike” button. This means we will no longer have access to your personal data, although Facebook will be able to keep any comments you have previously posted on our timeline.

In regard to Twitter, if you decide to follow us by clicking on “Follow”, we will have access to the information about the people who are following us, specifically the users' names, photograph (if they include one on their profile) and all the comments, or Tweets, as well as the rest of the information you have published on your profile, such as, for example, the users you follow and your followers, although we will not use this information.

We only use the data of the users who follow us on Twitter to manage and respond to the Tweets or messages we Exchange with them. The privacy policy that governs the said social network can be consulted at the following link: https://twitter.com/privacy.

Image Rights Request Agreement

We love your image, and know that others would benefit from seeing it on our website, social networks, and our retailers' websites. As you consider allowing us to publish your image, we would like to make sure that you are fully aware of how it would be used.

By providing your permission, you confirm the image's authorship and/or ownership, and guarantee that no other entities hold property rights to the image. You grant Import Arrasate SL (the Ternua brand's parent company) non-exclusive and non-revocable commercial rights to reproduce the image in any way (including, but not limited to video, internet publication, reproduction, exhibition, email, publication, and distribution), be it through our own services, or through services provided by third parties, throughout the world, in any type of existing or future media, without restriction or limitation. You accept that your image may be used by Import Arrasate SL in its original form, or accompanied by illustrations, animated drawings, subtitles, videos, works of art, textural materials, or other photographs. Import Arrasate SL agrees to make commercially reasonable efforts to credit you for the photo and provide a link to your Instagram account. However, you accept that said credit is not an obligation, and that your permission to use your image does not depend on said recognition being provided.

You waive any right to inspect and/or approve the finished work in which the image is used, as well as its reproduction in advertising and other possible uses of said material. In addition, you waive your right to any royalties relating to your image or our finished work.

Lastly, you accept that if any point established in this document, or any fragment thereof, is determined to be invalid under any statute or rule of law, it will be considered as omitted, with the rest of this Image Rights Request Agreement remaining in full force and effect. This Image Rights Request Agreement is governed by the laws of Spain.

We would fully understand if you do not agree to these terms, in which case no additional action would be required. We are delighted to see Ternua included on your account, and look forward to seeing the new photos you post.

Thank you once again, and please feel free to send us an email at infor@ternua.com with any questions you may have.