Legal notice
FILOCIAN IBERICA SL, responsible for the website, hereinafter referred to as the COMPANY, makes this document available to users, with which it intends to comply with the obligations set forth in Spanish Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), as well as to inform all users of the website about the conditions of use. Any person accessing this website assumes the role of user, committing to the observance and rigorous compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.
FILOCIAN IBERICA SL reserves the right to modify any type of information that may appear on the website, without any obligation to give prior notice or inform users, it being understood that publication on the FILOCIAN IBERICA SL website is sufficient.
1. IDENTIFICATION DATA
Company name: FILOCIAN IBERICA SL
Trade name: Messagenes
NIF: B43854355
Address: C/ Limonium s/n. 43008-Tarragona (España)
e-mail: info@messagenes.com
2. PURPOSE
Through the website, we offer users information about the company and the products or services it offers, as well as the possibility of acquiring or contracting said products or services, and managing them through our platform.
3. PRIVACY
When it is necessary to provide personal data for access to certain content or services, users will guarantee their veracity, accuracy, authenticity, and validity. The company will give said data the automated treatment corresponding to its nature or purpose, in the terms indicated in the sections on information processing and data protection.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY
The user acknowledges and accepts that all content displayed on the website (especially designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use) are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, over the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in economic traffic. Therefore, the user undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding the company harmless from any claim arising from the breach of such obligations.
In no case does access to the website imply any type of waiver, transmission, license, or total or partial assignment of said rights, unless expressly stated otherwise. These general conditions do not confer upon users any other right of use, alteration, exploitation, reproduction, distribution, or public communication of the website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorization specifically granted for that purpose by the company or the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this website, as well as the website itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. The company owns the elements that make up the graphic design of the website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics, and any other content of the website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization from the company is obtained.
Likewise, it is prohibited to suppress, evade, or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the contents may contain. The user of this website undertakes to respect the stated rights and to avoid any action that could prejudice them, reserving in any case the company the exercise of all means or legal actions that correspond to it in defense of its legitimate intellectual and industrial property rights.
5. USER RESPONSIBILITIES
In the event that the user does not accept these General Conditions, they must refrain from accessing the website or, if they have already accessed it, they must leave it.
The user must establish adequate technical security measures to prevent unwanted actions in their information system, files, and computer equipment used to access the Internet and, especially, the website or its contents, being aware that the Internet is not a totally secure medium. The cost of telephone access or other expenses necessary to access the website or its contents shall be borne exclusively by the user.
The website is not intended for persons under 18 years of age, or under the minimum age required in each country to purchase or contract the products or services we offer.
The user may only access the services and materials of the website and/or its contents through the means or procedures made available for this purpose on the website itself, or those commonly used on the Internet for that purpose, provided that they do not imply a violation of Intellectual/Industrial Property rights, or any type of damage to the website and/or its contents, or to its information or the services offered. The user undertakes to use the services, information, and materials of the website in accordance with the Law and these General Conditions. In no case shall the user's use of the website violate current legislation, morality, good customs, and public order, and must at all times make correct and lawful use of the services, information, and materials of the website and/or its contents.
Should a purchase be made on the website, the user undertakes not to make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the competent authorities would be informed.
6. COMPANY RESPONSIBILITIES
The company does not guarantee continuous access, nor the correct visualization, download, or utility of the elements and information contained on the website that may be impeded, hindered, or interrupted by factors or circumstances beyond its control. Nor is it responsible for decisions that may be adopted as a consequence of accessing the contents or information offered.
The service may be interrupted, or the relationship with the user immediately terminated, if it is detected that a use of the website, or of any of the services offered therein, is contrary to these General Conditions. We are not responsible for damages, losses, claims, or expenses derived from the use of the website.
The company excludes any liability for damages of any kind that may be due to the misuse of the services by users of the website. Likewise, it is exempt from any liability for the content and information that may be received as a result of data collection forms. Furthermore, in case of causing damages due to an unlawful or incorrect use of said services, the user may be claimed against for the damages caused.
The user shall hold the company harmless against any damages arising from claims, actions, or demands from third parties as a result of their access or use of the website. Likewise, the user undertakes to indemnify against any damages arising from their use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data, or any other action on their part that imposes an unreasonable burden on the operation of the website.
7. HYPERLINKS
The user undertakes not to reproduce the website in any way, not even by means of a hyperlink, nor any of its contents, without the express written authorization of the company.
The website may include links to other web spaces, managed by third parties, in order to facilitate user access to information from collaborating companies. The company is not responsible for the content of said websites, nor does it act as a guarantor or an offering party for the services or information that may be offered through third-party links.
8. INFORMATION PROCESSING
When the user visits the website, we may collect certain information about their device, including information about their web browser, IP address, time zone, language, etc. Additionally, as you browse the site, we may collect information about the individual web pages or products you view, what websites or search terms referred you to the site, and information about how you interact with the site. The collection of device information may be carried out through cookies, log files, web beacons, tags, etc.
Furthermore, when you register on our platform or make a purchase through the website, we collect certain information about the user (for example, their name, NIF identifier, billing address, shipping address, payment methods, business segment, email address, or phone number). We use this information to fulfill orders placed through the site (including processing your payment information, arranging for shipping, and providing you with invoices or order confirmations). Additionally, we may use this information to communicate with the user or, when in line with the preferences you have shared with us, to provide you with information or advertising relating to our products or services. We also use such information to detect potential risks and fraud (in particular, your IP address), to improve and optimize our site (for example, by generating analytics about how our customers browse and interact), and to assess the success of our marketing and advertising campaigns. Any user may opt out of receiving advertising by contacting us via email at info@messagenes.com.
We may share the user's personal information with third parties to improve the processing of said information. For example, we use Shopify to power our online store (you can read more about how Shopify uses your personal information at https://www.shopify.com/legal/privacy). We also use Google Analytics to better understand how our customers use the website (you can read more about how Google uses your personal information at https://www.google.com/intl/en/policies/privacy/). Any user can opt out of Google Analytics at the following link: https://tools.google.com/dlpage/gaoptout. Finally, we may also share such personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant, or other lawful request for information we receive, or to protect our rights.
9. DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, you are informed that your personal data will be processed by FILOCIAN IBERICA SL, as Data Controller, for the purposes previously established in the section “Information Processing”. Given that most of the services offered on the website are temporarily unlimited, the personal data provided will be retained indefinitely, unless the user previously communicates their wish for such information to be deleted from our databases.
The data subject may exercise their rights of access, rectification, opposition, erasure, portability, and restriction of processing, as well as the right not to be subject to decisions based solely on automated processing of their data. To do so, they must send a request to this effect to the email address info@messagenes.com. Likewise, the data subject has the right to lodge a complaint with the supervisory authority (www.aepd.es) if they consider that the processing does not comply with current regulations.
10. COOKIES
Cookies are files sent to a browser, by means of a web server, to record the user's navigation on the website, when the user allows their reception. If you wish, you can configure your browser to be notified on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser's instructions and manuals for more information.
Thanks to cookies, it is possible to recognize the browser of the computer used by the user in order to facilitate content and offer navigation or advertising preferences, as well as to measure visits and traffic parameters, control progress and number of entries.
In the event that the user accepts cookies, the company will have the right to use “cookie” technology on the website, in order to recognize them as a frequent user and personalize their use of the website by pre-selecting their language, or most desired or specific content. Cookies collect the user's IP address, with Google being responsible for the processing of this information.
11. REPRESENTATIONS AND WARRANTIES
In general, the content and services offered on the website are merely informative. Consequently, by offering them, no guarantee or representation whatsoever is given in relation to the content and services offered on the website, including, by way of example, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
12. FORCE MAJEURE
The company shall not be liable in any way in case of impossibility to provide service, if this is due to prolonged interruptions of electricity supply, telecommunication lines, computer failures, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of public administrations, and in general all cases of force majeure or fortuitous event.
13. TERMS OF CONTRACTING
Language: The user may formalize, at their choice, the order for the desired products or services in any of the languages available on the website.
Procedure: The user can purchase the company's products or services by following the procedure provided on the website, filling in and checking the information requested at each step. Once the operation is concluded, the user will receive an email confirming the purchase. In the event that the user detects an error when entering the data necessary to process their purchase request on the website, they must immediately notify the company through the contact spaces enabled on the website. The user can request that the purchase invoice be sent to them by writing to the email info@messagenes.com.
Specific conditions: The user acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product or service in question, which are displayed alongside its presentation or, where applicable, image on the website (for example, by way of illustration but not limitation, name, price, quantity, characteristics, functionality, etc.) and acknowledges that placing the purchase order implies full and complete acceptance of the general and specific sales conditions applicable to each case.
Availability: All purchase orders received through the website are subject to the availability of the products and to no circumstance or force majeure affecting their supply or provision. Should difficulties arise in the supply of the purchased products or services, the company undertakes to contact the user and to reimburse any amount that may have been paid as an amount.
Prices: The purchase process will clearly determine whether prices include or exclude VAT and shipping costs. In no case will the website automatically add additional costs that exceed what the user has voluntarily and freely selected and chosen. The company may freely change the prices of its products and services, but such alterations will not affect orders for which the user has already received an order confirmation.
Payment methods: The purchase process will clearly display the available payment methods. Credit cards will be subject to checks and authorizations by the issuing bank, and if said entity does not authorize the payment, the company will not be responsible for any delay or lack of delivery.
Delivery: If, for any reason attributable to the company, the company is unable to meet the delivery date announced during the purchase process, it will contact the user to inform them of this circumstance, and the user may choose between proceeding with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Concurrently, if 30 days elapse from the time the order was available for delivery, without being able to be delivered due to causes not attributable to the company, it will be understood that the user wishes to withdraw from the contract. In such a case, the rules applicable to the right of withdrawal will apply.
Right of withdrawal: The user, as a buyer from a website, has the right to withdraw from the purchase without justification within a period of 14 calendar days from the date they took physical possession of the product or from the date they contracted the service (provided that said service has not already been rendered, even partially). To exercise the right of withdrawal, the user must notify their decision to the company within this period through the contact channels enabled on the website. In this case, once the returned product is received in perfect condition, the company must refund the purchase amount, including shipping costs (with the exception of additional costs chosen by the user for a shipping method different from the least expensive method offered on the website). The user acknowledges understanding that they must bear the direct cost of returning (transport, delivery) the goods, if any are incurred. Furthermore, they will be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Right of return: The user may invoke this right if they consider that the product does not conform to what was stipulated in the purchase order. The user must notify the company within a maximum period of 14 days, and the company will inform the buyer on how to proceed with the return. Once the company confirms the defect or error, it will refund the full amount paid by the buyer, without the buyer incurring any expenses.
Warranty: The buyer's right to invoke the product warranty shall conform to the regulations and jurisdiction applicable to distance sales. In any case, the company shall not be liable for any failure or deterioration due to causes unrelated to the condition and functioning of the product itself at the time of its sale, especially in cases of improper, incorrect, or ineffective use by the user. The company shall also not be liable for wear or discoloration caused by normal use of the product.
Communications: The user accepts that most communications with the company will be electronic (emails, WhatsApp messages, messages published on the website, etc.). For their part, the user may send notifications or communicate with the company through the contact details provided in these General Conditions.
14. APPLICABLE LAW AND JURISDICTION
These General Conditions, as well as the use of the website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of the company's registered office. In case of substantive or interpretative discrepancy between the translations of these General Conditions into different languages, the content or interpretation corresponding to the Spanish version shall prevail.
In the event that any stipulation of these General Conditions is unenforceable or void by virtue of applicable law or as a consequence of a judicial or administrative resolution, such unenforceability or nullity shall not render these General Conditions unenforceable or void as a whole. In such cases, the company shall proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and purpose reflected in the original stipulation.
Tarragona, on 03/03/2026