Legal notice

TERMS AND CONDITIONS OF USE

These terms and conditions of use (hereinafter, the ‘Conditions of Use’) govern the access and use of the website store.melia.com (hereinafter, the ‘Website’) that Prodigios Interactivos, S.A. (hereinafter, ‘Prodigios’) makes available to you as a user of the Website (hereinafter, the ‘User’ or ‘Users’).

Likewise, these Conditions of Use, together with the Privacy Policy and the Cookie Policy relating to the management of Users' personal data, establish the terms and conditions governing the Website. The use of the Website is also subject to all notices, regulations of use and instructions made known to the User by Prodigios insofar as they replace, complete and/or amend these Conditions of Use.

Use of the Website implies full acceptance by the User of the Conditions of Use in force at the time the User accesses the Website.

Prodigios reserves the right to amend, without prior notice, at any time these Conditions of Use, as well as their setting, location and any other general or particular terms, regulations of use, instructions or notices that may be applicable. Prodigios also reserves the right to suspend, interrupt or cease operating the Website at any time.

1. General information
In compliance with the provisions of Law 34/2002, of 11th of July, on information society services and electronic commerce, the general information of this Website is indicated below:

  • Owner: Prodigios Interactivos, S.A.
  • Address: C/Calle Gremio Toneleros 22, 07009 Palma de Mallorca
  • Contact Information: infomeliastore@melia.com
  • VAT No.: A- 07995434
  • Registration details: Registered with the Commercial Registry of Palma de Mallorca, Folio: 213, Volume: 1984, Page: PM-34142.

2. Purpose
Through the Website, Prodigios provides Users with general information on third-party products that the User may purchase through the Website, in accordance with the provisions of the Meliá Store Terms and Conditions of Purchase.

Prodigios reserves the right to take whatever action it may be entitled to in order to enforce liability for non-compliance with the provisions of these Conditions of Use by Users.

3. Use of the website, its services and contents
The User acknowledges that he/she is over eighteen (18) years old and accepts that access to and use of the Website and/or the contents included therein is carried out freely and consciously, in all cases under his/her sole and exclusive responsibility.

The User undertakes to use the Website, its services and contents in accordance with the current Law, morality, good customs and public order, as well as with the provisions of these Conditions of Use and any conditions that may complement, amend or replace them. Consequently, the User is obliged not to use the Website or its services and contents for purposes or effects that are unlawful or detrimental to the rights and/or interests of Prodigios or third parties and which, in any way, may damage the normal operation of the Website or the services accessible through it.

In general, the provision of services does not require prior subscription or registration of users. However, Prodigios may condition the use of some of the services to the prior completion of the corresponding user registration or the completion of forms. In any event, registration shall be carried out in the manner expressly indicated in the service itself or in the particular conditions governing it, and the User must provide accurate information and keep the information provided updated at all times. The User shall be solely responsible for any false or inaccurate statements made and for any damage caused to Prodigios or third parties as a result of the information provided.

Regarding the contents of the Website (information, texts, graphics, audio and/or image files, photographs, designs, etc.), by way of example and without limitation, it is prohibited:

  • Their reproduction, copying, distribution, dissemination, public communication, transformation or modification, unless authorised by its legitimate owners or legally permitted.
  • Any infringement of the rights of Prodigios or their legitimate owners.
  • To include or disseminate on or from the Website any information or material that is defamatory, abusive, obscene, threatening, that incites violence or discrimination of any kind, that threatens or is likely to threaten public order, fundamental rights and public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
  • Their use for any commercial or advertising purposes, spamming, other than those strictly permitted.
  • To destroy, alter, disable or damage the data, information, programmes or content included on the Website.
  • To include, store or disseminate through the Website any data, virus, code or any other instrument or device that is likely to cause damage to the Website, any of its services, oror any of the equipment, systems or networks of Prodigios, of any User or in general of any third party.
  • To block the access by third parties to the Website


4. 'Hyperlinks'
The Website may provide Users with connections and links to other websites managed and controlled by third parties. The sole purpose of these links is to make easier for Users to search for information, content and services on the Internet, but in no case it should be considered a suggestion, recommendation or invitation to visit them. Prodigios does not market, manage, or control in advance, nor does it claim ownership of the content, services, information and statements available on these websites.

Prodigios assumes no liability whatsoever, not even indirectly or subsidiarily, for any damages that may arise from the access, maintenance, use, quality, lawfulness, reliability and usefulness of the contents, information, communications, opinions, representations, products and services existing or offered on websites not managed by Prodigios and which are accessible through the Website.

Individuals or entities that intend to create, or that have already created, a ‘hyperlink’ from a webpage of another internet portal to any of the pages of the Prodigios Website must be subject to the following conditions:

  • Total or partial reproduction of any of the services or contents of the Website is prohibited.
  • No deep-links, IMG or image links or frames may be established with the pages of the Website without the prior express authorisation of Prodigios.
  • No false, inaccurate or incorrect representations shall be made about the pages of the Prodigios Website, its employees, or the services or content of the Website.
  • Except for those signs that are part of the ‘hyperlink’, the webpage in which it is included shall not contain any trademark, trade name, establishment sign, designation, logo, slogan or other distinctive signs belonging to Prodigios, unless expressly authorised by the latter.
  • The establishment of the ‘hyperlink’ does not imply the existence of a relationship between Prodigios and the owner of the webpage or portal from which it is made, nor the knowledge and acceptance by Prodigios of the services and content offered on said portal.

  • Prodigios shall not be responsible for the contents or services made available to the public on the webpage or portal from which the ‘hyperlink’ is made, nor for the information and representations included therein.

  • The webpage in which the ‘hyperlink’ is included shall not contain information or content that is unlawful, contrary to morality and generally accepted good customs and public order, nor shall it include content that is contrary to any third party rights.

  • Any ‘hyperlink’ to the Website shall be to the home page or main pages of the sections contained therein.


5. Industrial and intellectual property
All contents in the Website, including, without limitation, photographs, images, text, graphics, button icons, data collections, audio clips, domain names, designs, logos, trademarks, trade names or distinctive signs of any kind are owned by Prodigios, its licensors, or third parties, and it may not be construed that use of or access to the Website and/or the services offered therein grants the User any right over the aforementioned assets or over the exploitation rights that exist or may exist over said contents beyond what is strictly necessary for the correct use of the Website and the services offered through it.

All the contents in the Website are protected by the applicable regulations and, specifically, the trademarks, trade names and other distinctive signs are subject to the applicable legislation on industrial property, and their reproduction or use without the authorisation of their owner is prohibited. Under no circumstances may the trademarks or trade dress of Prodigios or its licensors, or third parties, be used in connection with any product or service that does not belong to Prodigios or its licensors, or third parties, or in any way that is likely to cause confusion among users or that may disparage or discredit Prodigios, its licensors or third parties.

Users must use the content and information contained on the Website diligently, correctly and lawfully and, in particular, only for personal and non-commercial use, provided that the content or any mention of sources, copyright and other data identifying the rights of Prodigios or third parties is not removed or modified, i.e. respecting its original form. Any reproduction or copying, distribution or publication, or exploitation of any kind, of the content of the information published on the Website is prohibited without prior written authorisation from Prodigios.

Prodigios, its licensors, and any third party holders of rights to the content included in or related to the Website reserve any rights not expressly granted in these Conditions of Use.

Prodigios is firmly committed to the protection of Intellectual and Industrial Property on the Internet. To this end, Prodigios states that it applies and implements high security standards to protect the contents displayed on its Website. However, despite this, unforeseen situations not attributable to Prodigios may occur that are beyond its control. In this sense, for the purposes of protecting the industrial and intellectual property rights, in the event that any user or third party considers that their legitimate rights have been infringed by the inclusion of certain content on the Website, they must notify Prodigios of this circumstance at the postal or e-mail contact address referred to in the ‘General information’ section at the beginning of these Conditions of Use.


6. Liability and warranty
6.1.Liability of Users for damages and reasons for exclusion
The use of the Website shall be carried out under the sole and exclusive responsibility of the User, and Prodigios shall be exempt from any damages caused to the User or third parties as a result of such use. Said responsibility includes the use by the User or any third party of any password assigned for access to the Website, if applicable, or to any of its services.

Notwithstanding the foregoing, Prodigios reserves the right to deny access to the Website at any time and without prior notice to those Users who do not comply with these Conditions of Use.

The exclusion of Users does not constitute any waiver by Prodigios of any right to take any appropriate legal action or compensation to which it may be entitled.

6.2. Exclusion of liability and warranties
Prodigios makes no warranty as to the suitability of the Website and/or the contents included therein for particular or specific purposes that Users may expect or assume. Prodigios does not make any warranty and is not responsible, in any case, for the reliability, availability or continuity of the services made available to the User through the Website. Any liability for damages and/or losses that may arise from the lack of availability, reliability or continuity of the Website or its services is excluded. In any case, Prodigios will try to provide, as far as possible, technical assistance to the affected person, as well as try to immediately restore the interruption, making available, as far as possible, alternative means.

Prodigios is not obliged to control and does not control in advance, the absence of viruses or elements in the contents, which may cause alterations in the software or hardware of the Users, and therefore shall not be liable for damages of any nature that may arise from such circumstances.

In no event shall Prodigios be liable for any loss or damages of any kind arising out of the access to and/or use of the Website. In particular, Prodigios, the other companies of the group to which it belongs, their administrators and employees, shall not be liable to the User in contract, tort (including negligence) or otherwise, for any loss of business and loss of profit, such as loss of data, profits, income, business or opportunities arising, directly or indirectly, from:

The lack of usefulness, suitability or validity of the Website and/or its services or contents to meet the needs, activities or specific results or expectations of the Users.

  • Delays or interruptions in the operation of the Website.
  • The receipt, acquisition, storage, dissemination or transmission by Users of the contents and the infringement of intellectual and industrial property rights, trademarks, honour, personal and family privacy, data protection, image, property or any third party rights as a result thereof.
  • The unlawful, negligent, fraudulent use of the Website, its services or content by Users or third parties, contrary to these Conditions of Use, good faith, generally accepted uses or public order.
  • The opinions expressed by Users in the forums, chat and review messages that may be enabled in the different areas of the Website.

Some jurisdictions do not allow the limitation or exclusion of warranties or exclusion of damages, so the above limitations and exclusions may not apply depending on the law applicable to the User.

7. Privacy policy and processing of Personal Data
The processing of personal data carried out by Prodigios through the Website will be carried out in accordance with the provisions of the Privacy Policy.

8. Applicable law and jurisdiction
These Conditions of Use shall be governed by and construed in accordance with the laws of the Kingdom of Spain.

Any disputes or discrepancies arising from the interpretation and/or application of the Conditions of Use shall be subject to the jurisdiction of the Courts and Tribunals of Palma de Mallorca (Spain) and higher courts, except for Users who are consumers, in which case the competent courts shall be those provided for in the applicable regulations on the competent jurisdiction of consumers and users.