General information

In compliance with the duty to provide information set out in Spanish Act 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), of 11 July, the following general information about this website is provided:

• Identity: BERA PATTERNS, S.L.L., with tax ID B88906474 (hereinafter, «the Owner»).
• Registry details: registered with the Commercial Registry of Madrid, Section 8, Sheet M-884576, Entry 1.
• Address: Calle de la Infanta Mercedes 16, 4º izquierda, 28020 Madrid.
• Telephone: +34 690 09 59 62.
• Email: info@berapatterns.com.
• Activity: online sale of sewing patterns and courses in digital format.

Purpose of the conditions and of the website

The purpose of these General Conditions of Use (hereinafter, the «Conditions») is to govern access to, browsing of and use of the Website.

For the purposes of these Conditions, the Website shall be understood as the whole formed by the external appearance of the screen interfaces, both in their static and dynamic form, as well as all the elements integrated into those interfaces (hereinafter, the Contents) and all those online services or resources that may be made available to users (hereinafter, the Services).

The Owner reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the Contents and Services included in it. The User acknowledges and accepts that the Owner may at any time interrupt, deactivate or cancel any of the elements that make up the Website or access to them.

Access to the Website is free of charge, without prejudice to the cost of the telecommunications connection to be borne by the User. However, the purchase of the digital products offered and the use of certain Contents or Services may be subject to the prior completion of forms, to registration or to the placing of an order.

The conditions applicable to the purchase of products, including the licence to use the patterns and the courses in digital format, are set out in the Terms of Service and in the Refund Policy.

The User

Access to, browsing of and use of the Website confer the status of User, which implies full and unreserved acceptance of all the Conditions set out here, as well as of any modifications that may be introduced in the future. Users are therefore advised to review the Conditions each time they access the Website.

The User undertakes to make appropriate use of the Website in accordance with the law, morality, public order and these Conditions. In particular, the User assumes the following responsibilities:

• To use the information, Contents and Services offered by the Owner lawfully and in accordance with these Conditions, without harming the rights of third parties or the proper functioning of the Website.
• To guarantee the truthfulness and lawfulness of the data provided in the forms enabled for access to certain Contents or Services.
• To immediately inform the Owner of any event that may allow misuse of the registered information, such as theft, loss or unauthorised access to identifiers or passwords, so that they can be cancelled.

Mere access to the Website does not imply the establishment of any commercial relationship between the Owner and the User.

The User declares that they are of legal age and have sufficient legal capacity to be bound by these Conditions. Accordingly, this Website is not aimed at minors, and the Owner declines any liability arising from failure to meet this requirement.

Access to and browsing of the website: exclusion of warranties and liability

The Owner does not guarantee the continuity, availability or usefulness of the Website, its Contents or the Services offered on it. Although the Owner will take all necessary steps to ensure its proper functioning, it neither accepts responsibility for nor guarantees that access will be uninterrupted, error-free or secure.

Likewise, the Owner neither accepts responsibility for nor guarantees that the content or software that may be accessed through this Website is free of errors or will not cause damage to the User’s computer system. Under no circumstances shall the Owner be liable for losses, damages or harm of any nature that may arise from access to, browsing of or use of the Website, including, by way of example and without limitation, damage caused to computer systems or caused by the introduction of viruses.

Nor is the Owner responsible for any damage that may be caused to users by improper use of the Website. In particular, the Owner assumes no liability for outages, interruptions, failures or defects in telecommunications, or for reasons of force majeure.

Links policy

The Website may contain linking mechanisms such as links, banners or buttons that allow access to websites managed by third parties, including the social networks on which the Owner is present. The sole purpose of including such links is to make it easier for the User to find information available on the internet, and under no circumstances does it constitute a recommendation, suggestion, invitation or endorsement by the Owner of the contents, products or services offered on those sites.

The Owner neither markets nor offers, directly or indirectly, the products or services available on the linked sites, nor does it guarantee the technical availability, accuracy, truthfulness, validity or lawfulness of their contents. Nor does it review, monitor, approve or adopt them as its own. Consequently, it shall not be liable for any damage or harm that may arise from access to, use of or the quality of the contents or services of those sites.

Any User or third party who establishes a hyperlink to this Website from another site must bear in mind that:

1. Prohibition of reproduction: the total or partial reproduction of the contents or services of the Website is not permitted without the express authorisation of the Owner.
2. Prohibition of false statements: it is not permitted to disseminate false, inaccurate or incorrect information about the Website, its contents or services.
3. Intellectual property: apart from establishing the hyperlink, the website from which the link is made may not reproduce, distribute, modify or exploit any content protected by the Owner’s intellectual property rights without express consent.
4. No creation of relationships: the existence of the hyperlink does not create any relationship between the Owner and the owner of the originating website, nor does it imply knowledge, acceptance or responsibility regarding the contents, services or activities of that site, and vice versa.

Protection of personal data

The Owner undertakes to guarantee the privacy and protection of Users’ personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Spanish Organic Act 3/2018 (LOPDGDD).

Access to and use of certain services or forms on the Website, as well as the placing of an order, require the User to provide personal data. In such cases, processing will be carried out in accordance with the Privacy Policy.

The Owner will guarantee at all times the confidentiality, integrity and security of the data, and will allow the User to exercise the rights of access, rectification, erasure, objection, restriction of processing and portability under the terms described in that Policy.

Information about the cookies used on the Website and about how to manage them can be found in the Cookie Policy.

Commercial communications by electronic means

The Owner does not send commercial communications by electronic means without identifying them as such, in accordance with Spanish Act 34/2002. Should such communications be sent, this will be done with the express consent previously given by the User.

The User may object at any time to the processing of their data for promotional purposes, either through the unsubscribe link included in each communication or by sending an email to the address indicated in the «General information» section. Information sent for the purpose of maintaining the existing contractual relationship, such as an order confirmation or the delivery of the files purchased, shall not be considered a commercial communication.

Intellectual and industrial property

The Owner, either directly or as assignee, holds all intellectual and industrial property rights to the Website and to all the elements that make it up, by way of example and without limitation: images, photographs, videos, texts, patterns and their instructions, trade marks, logos, colour combinations, structure, design and the selection of materials used.

These contents are protected as intellectual property by Spanish law and by the applicable EU and international rules, in particular by the Intellectual Property Act and other related legislation.

All rights reserved. The reproduction, distribution, public communication —including making available— and total or partial transformation of the contents of this Website for commercial purposes, in any medium and by any technical means, is expressly prohibited without the prior express authorisation of the Owner.

The User undertakes to respect these rights. Users may view, print, copy or store the elements of the Website solely for their personal and private use; their use for commercial or unlawful purposes is prohibited. Users may not remove, alter or tamper with any protection device or security system installed on the Website.

The patterns and courses purchased are supplied under a personal use licence whose conditions are set out in the Terms of Service. In particular, their resale, transfer, distribution or making available to third parties is not permitted.

Should the User or a third party consider that any of the contents of the Website infringes intellectual or industrial property rights, they must notify the Owner using the contact details given in the «General information» section.

Legal action, applicable law and jurisdiction

The Owner reserves the right to bring such civil or criminal actions as it deems appropriate for improper use of the Website or its contents, or for breach of these Conditions.

The relationship between the User and the Owner shall be governed by the legislation in force and applicable in Spanish territory, including, by way of example, Act 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), Regulation (EU) 2016/679 (GDPR), Organic Act 3/2018 (LOPDGDD), the consolidated text of the General Act for the Defence of Consumers and Users, and the Intellectual Property Act.

In the event of any dispute or conflict arising from access to or use of the Website, the parties shall submit to the ordinary jurisdiction corresponding under the legislation in force. Where the User is a consumer, this clause shall not affect the rights granted to them by the mandatory rules of their country of residence or the courts legally competent for them.