- 1. General information about the web and apps
- 2. Access to the web and apps
- 3. Content and services linked through the web and apps
- 4. Protection of intellectual and industrial property rights
- 5. User registration
- 6. Subscriptions
- 6.1. Price and payment
- 6.2. Renewal of rates
- 6.3. Cancellation or modification of the subscription
- 6.4. Conditions of use of subscriptions
- 6.5. Subscriber profiles and comments
- 7. Online shop
- 8. Right of withdrawal
- 9. Legal guarantee of conformity for the products
- 10. Responsibility in relation to the contents
- 11. Right of exclusion
- 12. Password
- 13. Generalities
- 14. Complaints, claims and requests for information
- 15. Nullity and ineffectiveness of the clauses
- 16. Applicable law and competent jurisdiction
- 17. Alternative resolution of consumer disputes
These general conditions of use and contracting (hereinafter the general conditions") regulate the access and use of the different websites and apps owned by Edició de Premsa Periòdica Ara, SL; Edicions Periòdiques Ara-Balears, SL, and Ara.ad (ANISA), known collectively as "diari ARA" or " ARA"; as well as the contracting of products and/or services through the same. Simple access to the website and the app attributes to who enters the status of user of the site (hereinafter, "the user") and implies acceptance of all terms included in these general conditions. If you do not agree with these general conditions, the user must immediately leave the website or app without using it.
By accepting these general conditions the user states that:
- Has read, understands and accepts the conditions set forth therein.
- In case you are willing to hire a product and/or service, you have sufficient capacity to do so.
- He/She is of legal age.
Acceptance of these conditions without reservations is a prerequisite and necessary for the effectiveness of the subscription, which will be understood formalized at the time it is sent through the form duly completed.
Once the conditions have been accepted and the subscription request has been sent, the user will be notified, by email, of the access codes to the digital subscriptions.
These conditions may be modified at any time at the request of ARA and will take effect from its publication on www.ara.cat.
1. General information about the web and apps
Ara.cat (https://www.ara.cat) is an Edició de Premsa Periòdica Ara, SL (hereinafter, “ARA”) domain, provided with TIN B-65258261, registered in the Mercantile Registry of Barcelona (volume 41927, folio 165, page B-395911) and domiciled at C/Diputació 119 Barcelona, 08015; telephone number 93 202 95 95, and email address email@example.com.
Arabalears.cat (https://www.arabalears.cat) is a domain of Edicions Periòdiques Ara-Balears, SL (hereinafter, “ARA Balears”), provided with TIN B-57806762; registered in the Mercantile Registry of Palma (volume 2539, folio 214, sheet PM-72037, registration 1a), domiciled at C/ Tous i Maroto 8, 1º, 07001 Palma; telephone number 971 781 917, and email address firstname.lastname@example.org, which publishes the newspaper ARA Balears on multiplatform, through the domain Arabalears.cat.
Ara.ad (https://www.ara.ad) is an ANISA domain, provided with NRT A707871V; registered in the Register of Mercantile Companies of Andorra (book S-174, folio 291-300); and domiciled in Av. of Príncep Benlloch, 43 of Andorra la Vella (Andorra), through the domain ARA.ad.
2. Access to the web and apps
Simple access to the website and apps is free except for the cost of the connection through the telecommunications network provided by the user-contracted access provider. The use of certain services provided through the web and the apps that need subscription only involves a cost.
3. Content and services linked through the web and apps
The web and apps may contain technical linking devices, directories and even search tools that allow the user to access other web pages and portals (hereinafter, “linked sites”). In these cases, the diari ARA will only be responsible for the contents and services provided on the linked sites to the extent that it has effective knowledge of its illegality and has not deactivated the link with due diligence. In the event that the user considers that there is a site linked to illegal or inappropriate content, you can report it to diari ARA.
In no case must the existence of linked sites presuppose the formalization of agreements between the diari ARA and those responsible or holders of these, as well as the recommendation or promotion of the linked sites and/or their contents by diari ARA. Unless expressly stated otherwise on the website and apps, the diari ARA does not know the contents and services of the linked sites and, therefore, is not responsible for damages that may occur to the user or any third party.
4.** Protection of intellectual and industrial property rights**
The intellectual and industrial property rights of the Ara.cat portal are owned by ARA, which includes the contents and graphic elements, their source code, design, navigation structure, databases and other elements that form part of the website and apps. Therefore, ARA is exclusively responsible for the exercise of exploitation rights in any form and, in particular, of the rights of reproduction, distribution, public communication and transformation. Any use or reproduction that users make of this content, or others that may be included in the future, must be made following the provisions and respecting the limitations of intellectual property regulations and in any case with the authorization of ARA, without prejudice to the limits established by Royal Decree 1/1996, of April 12, approving the consolidated text of the intellectual property law.
Reservation of rights:
ARA makes explicit a reservation of rights in general with respect to all the contents disseminated on the website and apps that are the object of intellectual and industrial property. In accordance with the provisions of article 32 of the consolidated text of the intellectual property law, ARA expressly opposes the use of any of the contents of the ARA's publications in any format, in order to make reviews or journals of press for commercial purposes, without the prior express authorization of the ARA.
This legal notice does not imply any assignment of rights in favor of the user in relation to any of the integral elements of the website and apps or their contents.
It is not authorized in any case:
- The presentation of a page of Ara.cat portal or any content of this page in a window that does not belong to Ara.cat by means of any technique or procedure including framing, inline linking, etc.
- An extraction of elements of the website and apps that cause damage to Ara.cat in accordance with current provisions.
- The commercial use of the contents of the Ara.cat website and iOS and Android apps.
- The use of distinctive marks or signs, logos, color combinations, structure, design and, in general, distinctive symbols of any nature, property of ARA, without the knowledge and the corresponding authorization of the company.
- The use of content in illicit, illegal or contrary to good faith and public order activities.
- Disseminate content or propaganda that is racist or xenophobic, pornographic, illegal or that violates human rights.
- Cause damage to the physical and logical systems of ARA, its suppliers or third parties; introduce or spread on the network computer viruses or other physical or logical systems that are likely to cause the aforementioned damage.
- Attempt to access and, where appropriate, use the email accounts of other users and modify or manipulate their messages.
- The user may view the contents of this portal, copy them, print them on its computer or any other medium only for its personal and private use.
5. User registration
Diari ARA’s users can register for free to access 10 articles of the newspaper's own content on a monthly basis. That is, free registration allows you to view 10 items per month.
Users who register with the diari ARA must be of legal age.
Users who want to delete their account should send their request to the email address email@example.com.
Users who sign up for subscriptions must be natural persons of legal age or legal persons with sufficient powers to sign up.
When a subscriber wants to delete his/her account, he/she must first request the cancellation of the subscription and, later, the deletion of the user account will be managed. To do this, the data subject must send its request to the email address firstname.lastname@example.org.
6.1. Price and payment
The price of the subscription is stated on the website or mobile application at the time of acceptance of the conditions and their processing. The price indicated is the final price, with indirect taxes included if applicable.
Payment will be made in the manner chosen by the user according to the options proposed and, in general terms, will be paid at the beginning of the subscription:
- Total digital rates: access from any web, app or mobile device.
- Total digital rates + paper: access from any web, app or mobile device and newspaper on paper at home or collected at the kiosk.
- Paper rates: daily newspaper at home or collected at the kiosk, without digital access
- Apple/iOS/Apple rate: access only from the mobile application. IMPORTANTE: Only for subscribers who have subscribed before January 18, 2021. Apple's subscription will only remain active for these users, but no new subscriptions will be made after that date.
6.2. Renewal of rates
6.2.1. Renewal of digital rates and paper
Subscriptions will be automatically renewed for the same contracted period. Renewals will be made in the terms stated in the subscription offer or, if they are not stated, according to the rates and discounts that the ARA applies at any given time.
6.2.2. Apple/iOS Renewal
Apple’s subscription will automatically renew after the chosen period. Apple will charge 24 hours prior to the end of the current period. For any problems or doubts with the renewal of Apple, you will have to contact them directly.
6.3. Cancellation or modification of the subscription
6.3.1 Total digital subscriptions, total digital + paper or paper
Subscriptions have no permanence, you can cancel the subscription at any time, communicating the will not to renew in the minimum period of one month before its end. Monthly subscriptions are excluded, in which the notice will be a minimum of 15 days.
Subscriptions can be modified to add or reduce products at any time during the next renewal, depending on available rates.
To cancel or make changes to the subscription, the Subscriptions department will be notified by calling 932 751 110 or by email at email@example.com. Likewise, the user will be able to make, through these means, any query relative to the subscriptions.
6.3.2. Cancel Apple subscriptions
Subscriptions with Apple are not permanent, you can unsubscribe at any time from your Apple device.
To unsubscribe from your iPhone, iPad or iPod Touch device:
Open the “Settings” app.
Click on it name.
Click on “Subscriptions”.
Tap “Unsubscribe diari ARA".
To view all of Apple’s unsubscribe options, go to this detailed Apple link.
6.4. Conditions of use of subscriptions
a) The digital subscription will be effective immediately.
b) The subscription allows the personal and exclusive access of the subscriber.
c) In no case will the user be entitled to:
- Use for commercial purposes the contents of the website www.ara.cat or iOS and Android applications.
- Use content in illicit, illegal or contrary to good faith and public order activities.
- Disseminate content or propaganda that is racist or xenophobic, pornographic, illegal or in violation of human rights.
- Causing damage to the physical and logical systems of ARA, its suppliers or third parties, nor to introduce or spread computer viruses or other physical or logical systems on the network that are likely to cause the aforementioned damage.
- Attempt to access or use other users' email accounts, or modify or manipulate messages.
Failure to comply with these general conditions will entitle ARA to restrict or cancel access to the service without the user being entitled to any refund.
6.5. Subscriber profiles and comments
Subscribers will have a subscriber profile that can be private or public. Those subscribers with public profiles will be able to have followers and follow other subscribers, in addition to receiving feedback notifications. Subscribers with private profiles will not be able to follow or have followers or receive comment notifications. All subscribers will be able to block profiles of other subscribers so as not to display their activity.
All subscribers can comment on the different articles, but these comments are subject to certain rules:
- Users will respect the opinions of other users or participants, and will refrain from using offensive or defamatory, racist or violent language or that violates current law.
- Users will only send content of which they are original authors or of which they have the rights of their owner, without prejudice to informing of the URL of the owner or right holder to link to the referred contents.
- The personal data contained in the comments and their contents may not be used for benefit or for uses that have not been expressly authorized by its owner. The user will be responsible for the veracity of the data provided.
- ARA will not return any content from submitters or acquire any obligation to respond to users.
- No unauthorized commercial communications may be made.
Any subscriber will be able to comment, but if another user considers that the content violates these general conditions, they can report the comment and diari ARA will monitor its content and decide if it is appropriate and whether or not to delete it.
Comments are an exclusive advantage for subscribers. In the event that a subscriber wishes to unsubscribe from their payment subscription, their comments will remain linked to their free user account.
If a user with a free account or paid subscriber wants to delete their comments, they must send their request to the email firstname.lastname@example.org.
If a user with a free account wants to delete the account altogether, any comments they may have associated with this user account will also be deleted.
7. Online shop
7.1. Purchase of products
The main characteristics of the goods offered through the website and the app can be consulted in the descriptive file with which they are presented.
7.2. Purchase procedure
The language in which the contract can be formalized is Spanish.
The procedure for purchasing products through the website and apps is as follows:
- From the tab of the desired product we have to click on the button "Add to cart". Once this is done, in the upper right we can select "View Cart".
- Within the shopping cart, new products can be removed or added and the quantity modified. Discount codes can be used.
- To be able to make the purchase you have to click on "Make the purchase". You can then shop as a guest, log in, or create an account.
- Once all the required fields have been completed, we will see the shipping time and cost. Then you can choose the form of payment, review the order and complete the purchase.
- Finally the user will display a message on the screen that will confirm the correct completion of the purchase process. The user will also receive an email to confirm the successful completion of the purchase process.
Diari ARA will keep electronic proof of the hiring made by the user, who will be able to consult his history of purchases made through his account.
7.3. Correction and identification of errors in data entry
When the user forgets to fill in correctly any data indicated as mandatory in the corresponding form, he will not be able to advance in the process of hiring or validation until he has filled it out. An on-screen message will warn you of this circumstance.
You can modify and/or update at any time the data provided during the purchase process, before its completion, going back to the desired step.
By accessing your account, the user may modify and/or update at any time the data provided at the time of registration as a user.
7.4. Product delivery
The user will receive your order within 5 to 7 working days from the date of purchase. If the delivery time is different, it will be specified on the product page.
Shipping costs vary depending on the product, weight and shipping area. The final shipping price will be specified on the product sales page, before payment.
7.5. Prices and payment methods
The prices indicated for each product in its corresponding file include, unless expressly stated otherwise, value added tax (VAT) and, in any case, are expressed in default in euros (€). These prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and attachments to the purchased product or service.
The payment methods available on the website and the app are via Paypal or bank card.
8. Right of withdrawal
8.1. Term of exercise
The user has the right to withdraw from the contract made through the website and the app within 14 calendar days without the need for justification.
In the case of a contract of sale, the withdrawal period will expire on the 14th calendar day of the day on which the user or a third party indicated, other than the carrier, has acquired material possession of the goods.
To exercise the right of withdrawal the user will have to notify diari ARA of its decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email).
In order to meet the withdrawal period, it is sufficient for the user's communication regarding the exercise of this right to be sent before the corresponding deadline expires.
8.2. Consequences of withdrawal
In case of withdrawal, diari ARA will refund all payments received from the user, including delivery costs (with the exception of additional costs resulting from the choice by the user of a delivery method other than the least expensive mode of ordinary delivery offered by diari ARA) without any undue delay and, in any case, at most 14 calendar days from the date on which the user informs diari ARA of his decision to withdraw from the contract. Diari ARA will proceed to make this refund using the same means of payment used by the user for the initial transaction, unless expressly provided otherwise; in any case, the user will not incur any expenses as a result of the refund. Diari ARA may withhold the refund until it has received the goods, or until the user has submitted proof of the return, depending on which condition is met first.
The user must return or deliver the goods directly to diari ARA, without undue delay and, in any case, within a maximum of 14 calendar days from the date on which he communicates his decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before this term has ended. The user will have to assume the direct cost of returning the goods.
The user will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
8.3. Assumptions of non-application of the right of withdrawal
In accordance with the provisions of Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, the user will not be able to withdraw from the following contracts:
The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the user and with the recognition on his part that he is aware that, once the contract has been fully executed by the diari ARA, will have lost his right of withdrawal.
The supply of digital content that is not provided in a material medium when the execution has begun with the prior express consent of the user with the knowledge on his part that consequently loses his right of withdrawal.
9. Legal guarantee of conformity for the products
The user is reminded that, in accordance with the provisions of articles 114 and following of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the general law for the protection of consumers and users and other complementary laws, all products delivered by the newspaper ARA must be in accordance with the contract concluded, diari ARA responding to the user for non-conformities that manifest themselves within two years of delivery of the product.
In its case, the non-conformity resulting from an incorrect installation of the product will be equated to the non-conformity of the product when the defective installation has been made by the user due to an error in the installation instructions.
The scope and form of execution of the rights conferred on the user by this legal guarantee can be consulted in articles 114 and following of the aforementioned rule.
10. Responsibility in relation to the contents
ARA reserves the right to modify the contents of the website and the app and to delete them, as well as to limit or prevent access to the website or application, either temporarily or permanently, without prior notice.
ARA is not responsible for the technical access, information or contents of other web pages to which it refers or with which it can be linked from the Ara.cat portal.
ARA does not necessarily identify with the opinions expressed by its collaborators.
11. Right of exclusion
Diari ARA reserves the right to deny or withdraw access to its websites and/or the services offered without prior notice, at its own request or that of a third party, to those users who violate these general conditions.
The user is responsible at all times for the custody of his password, consequently assuming any damages that may arise from its misuse, as well as the assignment, disclosure or loss. To this end, access in restricted areas and/or use of the services and contents of the website or app made under your password will be deemed made by the user.
Edició de Premsa Periòdica Ara SL will pursue the breach of the present conditions, as well as any improper use of its websites, and will exercise all the civil and penal actions that may correspond to it by right.
ARA cannot guarantee that the portal and the server are free of viruses, so it is not responsible for any damage or injury that may be caused by these anomalies or any other technical nature.
14. Complaints, claims and requests for information
The user can address their complaints, claims and/or requests for information to diari ARA using any of the following channels:
By sending a letter to the address indicated at the beginning of these general conditions.
By sending an email to the address indicated at the beginning of these general conditions.
Calling the telephone number indicated at the beginning of these general conditions from 9.00 am to 3.00 pm, Monday to Friday except public holidays.
ARA has official complaint/claim/denunciation forms that the user can request or download aquí.
15. Nullity and ineffectiveness of the clauses
If any clause included in these general conditions is declared totally or partially null or ineffective, this nullity or ineffectiveness will only affect that provision or the part that is null or ineffective. These general conditions will subsist in everything else and the provision will be considered totally or partially not included.
16. Applicable law and competent jurisdiction
These general conditions will be governed by and construed in accordance with Spanish law.
In the event of a dispute, the user may choose to file a lawsuit in the courts or tribunals corresponding to his domicile.
17. Alternative resolution of consumer disputes
The user is informed of the existence of the European Union's online dispute resolution platform, which can be accessed here.