Legal notice - Grupo Mémora

Legal notice

Information on the website owner and conformity with the present usage conditions:

MEMORA SERVICIOS FUNERARIOS, SLU, in compliance with the terms of Organic Law 15/1999 of 13 December on Personal Data Protection (‘LOPD’) and with Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (‘LSICE’), via the present Legal Notice places the general usage terms at your disposal that regulate all operations conducted via its website: www.memora.es.

By using the website, you give your agreement to the present usage conditions. Please, if you do not agree with them, please abstain from browsing this site. 
The website owner likewise reserves the right to make any changes to the website and to these conditions at its sole criteria. For this reason, you hold full responsibility for viewing the present usage conditions periodically, as the owner is not obligated to notify users when there are updates. Consequently, if you continue using the website after any of its updates or changes to the present usage conditions, we shall understand that you accept their state. 

General information on the website owner: 

Company name: MEMORA SERVICIOS FUNERARIOS SLU
Brand owner: POLLOE
Company Spanish tax ID number: B-85012441
Company registered address: C/ Sancho de Ávila, 2, Barcelona, PC 08018
Company email address: info@memora.es
Company legal and/or registry data: Company registered in the Barcelona Commercial Registry in volume 43,008, folio 96, page 417,548

Moreover, the website owner states that it is part of the same corporate group, for the purposes set out in article 42 of the Spanish Code of Commerce, the companies that are listed below, all of them encompassed within the same trading name: ‘MÉMORA GROUP’. In this regard, it merits mention that the present legal document has full legal effects in all legal relations of any type undertaken with the companies in the MÉMORA GROUP that are detailed below: 

Company name: SERVEIS FUNERARIS DE BARCELONA, SA 
Brand owner: EUROCOFFIN
Company Spanish tax ID number: A-61317442
Company registered address: C/ Sancho de Ávila, 2, Barcelona, PC 08018
Company email address: sfbsa@sfbsa.es
Company legal and/or registry data: Company registered in the Barcelona Commercial Registry in volume 30,459, folio 146, page 161,594

Company name: MEMORA SERVICIOS FUNERARIOS INTERNACIONALES, SL 
Company Spanish tax ID number: B-43999275
Company registered address: C/ San Juan Bosco, 58, Zaragoza, PC 50009
Company email address: ops@memorainternational.com
Company legal and/or registry data: Company registered in the Barcelona Commercial Registry in volume 2558, folio 17, page Z-27,195

Company name: SERVICIOS FUNERARIOS DE GUADALAJARA NUESTRA SEÑORA DE LA ANTIGUA, SA 
Company Spanish tax ID number: A-19018514
Company registered address: C/ Donantes de Sangre, Guadalajara, PC 43400 
Company email address: info@memora.es
Company legal and/or registry data: Company registered in the Barcelona Commercial Registry in volume 50, folio 145, page 538

Intellectual and industrial property of website content:

MÉMORA SERVICIOS FUNERARIOS, SLU is the owner—except when expressly stated in a concrete quote—of all contents published on this website, including but not limited to: all texts, graphs, user interfaces, visual interfaces, photographs, trade names, logotypes, sounds, songs and illustrations. For this reason, the design, structure, selection, coordination, expression, style and organisation of this content are protected by the pertinent author and intellectual property rights, where this company controls and authorises them. 
Consequently, any unlawful use of the website content is punished by Spanish substantive law, where it can be considered an act of unfair competition. 
Therefore and unless explicitly established otherwise in these usage conditions, it is not permitted to copy, reproduce, republish, load, send, publicly exhibit, code, translate, broadcast or distribute in any way any part of the contents to any other computer, server, website or any other publication or distribution medium without the previous written consent of the website owner.
Despite the above, this prohibition must be interpreted pursuant to the terms established in Royal Legislative Decree 1/2007 of 16 November on Consumer and User Protection (‘LDCU’).

Activities prohibited on the website:

As set out in the previous section, this website is owned by MÉMORA SERVICIOS FUNERARIOS, SLU, a funeral services company. Owing to the nature of its business, the use is expressly prohibited of deep links, page scrapes, robots, spiders and other automated devices, programs, algorithms, methodologies or similar manual practices to access, acquire, copy or monitor part of the site or content with the aim of obtaining or trying to obtain materials, documents or information not available on the website. The data on family members and relatives posted on the website have the aim of providing information on the concrete characteristics of the funeral services to family members, friends and colleagues of the deceased, where these data are protected as will be established in the corresponding section of these usage conditions. Due to the above, MÉMORA SERVICIOS FUNERARIOS, SLU reserves the right to prohibit all activities of this nature.
Furthermore, it is also not permitted to access any part or provision of the site, any MÉMORA SERVICIOS FUNERARIOS, SLU’s servers or the services offered via the site, by pirating or falsification, extracting passwords or any other unlawful medium, where the website owner reserves all legal actions set out in law in the event of violation. 
It is also prohibited to explore, scan or assess the vulnerability of the site or any network connected to it, hacking through security measures or site authentication, or that of any network connected to it. Tracking or searching for data on users, site visitors or other clients of MÉMORA SERVICIOS FUNERARIOS, SLU is not permitted. Exploiting the website or any other service available or offered via the site is likewise not permitted, with the aim of disclosing information, including but not limited to personal identification or information that is not provided by the site.

Privacy notice:

Via the present notice, and in compliance with the terms of article 5 of the LOPD, we herein notify you that all communications sent to MEMORA SERVICIOS FUNERARIOS SLU by any means (as well as the personal data contained in them) will be added to a personal data file owned by MEMORA SERVICIOS FUNERARIOS SLU, duly registered with the Spanish Data Protection Agency and located within the European Union, where the company is responsible for this file. 
The purpose of data collection and adding them to a file is to respond to queries and complaints posed to the company, to provide commercial information to users, receive orders and obtain statistical data so that the website and businesses provided by the company can operate better. 
Interested parties may exercise their rights to access, rectify, cancel and oppose the handling of their personal data that appear in these files by revoking their consent in writing at any time. To this end, this written communication should be addressed to:
MEMORA SERVICIOS FUNERARIOS SLU, C/ Sancho de Ávila, 2, Barcelona, PC 08018; email: info@memora.es
In turn, the website owner states that other companies in the MÉMORA GROUP may access this personal information, whose specific details and contact emails appear in the first section of this legal notice, all with purposes of improving the quality of services, sales transactions and operative coordination.

Privacy conditions for ‘public events’:

Complementarily and secondarily to the Privacy Notice, MEMORA SERVICIOS FUNERARIOS SLU herein informs that it may hold PUBLIC EVENTS periodically throughout the year, commonly known as ‘MEMORIALS’, during which a mass funeral ceremony is held to pay homage to the memory of people who have died recently. 
With the aim that no citizen misses the chance to follow these types of public interest events live, MEMORA SERVICIOS FUNERARIOS SLU (for public events announced in advance) makes a live viewing service via the internet available to the general public.  Thus, nobody who would like to witness the MEMORIAL will be prevented from doing so, no matter what their mobility and/or ability to travel to the grounds for the event may be. 

Following the interest shown by attendees at past events of this nature, the ceremony will be recorded (provided that this was announced in advance) so that an event of such a family and intimate nature is recorded and can be played by third parties if any attendee wishes to do so. For this reason, MEMORA SERVICIOS FUNERARIOS SLU will provide (provided that technical resources thus permit) a copy of the recording of the event to all those with legitimate interest in it who thus request in writing. 
Due to the above, attendees are notified that their personal images may be recorded and played by third parties, due to the large number of attendees and parties interested in these public events of interest to the general public. In turn, MEMORA SERVICIOS FUNERARIOS SLU will safeguard a copy that will be added to the file detailed at the beginning of this PRIVACY NOTICE, with the aim of guaranteeing the quality of future events and their correct operative development. 
The fact of attending the event implies acceptance of these actions by MEMORA SERVICIOS FUNERARIOS SLU and the consent to transfer the image for the purposes indicated. If a minor attendees, the attendee that is the parent or guardian of the minor accepts that the minor’s data will be processed as set out in these conditions. 
All attendees have the right to exercise their rights to access, rectify, cancel and oppose by sending a letter to the address set out at the beginning of this PRIVACY NOTICE. 
In turn, the website owner states that other companies in the MÉMORA GROUP may access this personal information, whose specific details and contact emails appear in the first section of this legal notice, all for purposes of improving the quality of services, sales transactions and operative coordination.

Notice on the use of cookies:

This website is built on the popular Drupal open source platform and uses a number of standard Drupal cookies in order to function fully.

The SESS... cookie is a Drupal session cookie used when an authorised user (in other words, a Mémora member) logs in. You won't get this if you are an anonymous user.
The has_js cookie records whether your browser has JavaScript enabled.
The collapsiblock cookie is used to remember the last state of the expandable/collapsible blocks used on the "memora" website for each user.
The text_resize cookie is used to remember the text size you selected if you used the JavaScript text resizing feature on the website (expires in 365 days).

Collecting information

The standard Drupal logs used on the "memora" website collect information on usage - IP addresses, URLs visited, and related information - and is recorded for all site visitors for the purpose of site traffic analytics and to enable us to check and rectify any website errors. The data in these logs normally lasts for approximately two to three weeks and is then overwritten. Data in these logs is only accessible to Mémora staff or to organisations working on the "memora" website (in practice, this means only our website developers and HJT Research, country reports producers).

For an authorised user (in other words, an Mémora member), Drupal logs the date and time that you last accessed the website.

We also collect and store long term usage data using the popular AWStats open source web analytics reporting tool. This lets us monitor usage for Mémora members and users, should this information ever be needed. Data in these logs is only accessible to Mémora staff or organisations working on the "memora" website.

The website holds the name and e-mail of Mémora members. Address information will be held by the "memora" website if you use the sign up or renew forms. Credit card payment details are handled separately and securely by WorldPay.

If you do not accept the use of cookies, the website you are visiting may close.

User registration conditions:

To use some of the features or services on this website you will have to register as a user, creating a personal account, which is totally free of charge. 
The creation of a personal account entails the communication of personal data (subject to the company’s privacy policy), concretely: the name or nickname of the owner, which will be linked to an active email account and a password the user selects. 
The website owner states that, except when instructed conversely by users in the proper way, they will be sent emails related to different professional subjects (e.g. medical-health, social-health, psychological, social, and others related to these). This activity may be cancelled unilaterally by users as indicated in each communication. 
Users are responsible for maintaining confidentiality of their account information. For this reason, the website owner shall not be held liable for improper use of the passwords and the comments made via a specific user’s account. Conversely, the owner of this account is responsible for the actions carried out by third parties via his or her account. If these actions entail damages to the website owner or third parties, the account owner shall be held liable, as established in current legislation in force. 
Remember that the use of the email account is not permitted by another person not authorised by its owner. MEMORA SERVICIOS FUNERARIOS SLU shall not be responsible for damages caused by non-compliance with this obligation. 

General conditions of remote agreements signed:

Via the present website, you can acquire different products and services directly or indirectly provided by MEMORA SERVICIOS FUNERARIOS SLU
These commercial transactions will be executed remotely and, for this reason, the website owner is publishing these ‘General conditions of remote agreements signed’, which shall govern all orders made electronically, as established in articles 92 and following of the LDCU and 23 and following of the LSICE. 

What can you acquire on the website www.memora.es? 

At present and via our website, you can only acquire flower arrangements and other complementary ornaments (e.g. ribbons with messages, personalised condolence cards...) to be sent to people who are holding vigils at our facilities.  
You cannot acquire any product that is not connected to a funeral service provided by a company in the MÉMORA GROUP. 
Consequently, the offering of products and services that can be acquired remotely is dynamic and directly related to the state of the vigil ceremony for the deceased person. For this reason, in those cases in which the time of the order is too close to the ceremony time, you will not be able to make a remote order, as the recipient of the product will have been moved out of our facilities. 
This means that products and services may change constantly, where MEMORA SERVICIOS FUNERARIOS SLU is not responsible for the variation of offers that were not accepted and executed previously in due form by users. 
In some cases, due to the seasonality of flowers, the FLORAL CATALOGUE may contain products that were not deleted or that are temporarily not available, without having modified these products on the website. 

How can you place a remote order? 

To place a remote order, you must have an internet connection (either a conventional computer or mobile device or tablet) and go to the website: www.memora.es, and then follow these steps:

STEP I – Select the floral arrangement you would like

Go to the section FLORIST, where you will find the FLORAL CATALOGUE of products offered by the website owner. 
The FLORAL CATALOGUE does not contain prices or shipping terms. 

STEP II - Select the recipient or destination centre

After you click on a specific product, you will be redirected to the obituary search engine so that you can select the centre for delivery and enter the details on the person to receive the purchased product or service. 
Please bear in mind that you can only send products offered on the website www.memora.es to recipients who are at the funeral facilities managed by companies in the MÉMORA GROUP.

STEP III – Select products 

After selecting the destination for the delivery, you can select the specific products you would like to purchase. 
As you can see, during this step the prices are detailed, which will vary depending on the complements selected. 

STEP IV – Enter details on buyer and payment method

To correctly bill the order, you have to fill in details on the buyer requested by the website owner. These personal data will be processed as established in the privacy notice on the present website. 
Then you must enter the payment method, which we recommend should be done directly by the buyer. The website owner will not be held responsible for any incident caused by the use of payment methods not owned by the buyer, where the buyer in all cases must assume the debt produced when confirming and placing the order. 
Likewise, as the floral arrangement is shipped very quickly—almost immediately—a quick and secure payment method must be selected. For this reason, the website owner will only accept payments via credit cards compatible with the Banc Sabadell payment platform, which are credit cards issued by any other bank. 
If you have any questions about your credit card, we recommend that you ask your bank, as the website owner does not have the capacity to answer such questions. 
Using credit cards for payment does not generate any additional charges for the user. 
The proper way to enter data into the system is:
After entering all data, you will be asked if you want to CONFIRM THE ORDER. 
After confirming the order, the website owner will start to provide the service with the user’s express consent. Owing to the perishable nature of floral products, the user cannot exercise their right to waive. This is one of the exceptional causes set out in article 103 of the LPCU. 
Likewise, after the order is confirmed, the website owner will charge the agreed price to the credit card, paying for the products and/or services contracted. You should bear in mind that if payment of the service is denied by your bank, the website owner will not provide the service contracted. 
If the payment for the service is cancelled manually after it has been provided, without justified cause or seeking agreement with the website owner, the latter reserves the right to take legal action as defined by law to be compensated for the damages and losses incurred. 

STEP V – Order confirmed – order execution conditions

After the order is accepted, you will receive an email to the email address you provided of order confirmation (detailing the data identifying the service ordered). 

Then each item will be detailed, which will be subject to these conditions:

1. ORDER CONFIRMATION – SERVICE CONTRACTED IDENTIFYING DATA PURPOSE: corresponds to the products and services freely acquired by the user on the website.
PRICE: is the amount indicated when contracting the products and services in question, which include taxes according to legislation in force at the time. If detecting that there was a mistake in entering the price set out in the identifying data of the service contracted, the website owner or its representative will contact you as soon as possible to notify you of the incident. In all cases, the price established in the summary email that is clearly erroneous and does not coincide with the price established in the web or print catalogue, when no promotion or special deals were in force that reduced said price, the concrete order will be considered null and not executed, due to being a non-rectifiable contracting defect pursuant to article 1261 of the Civil Code. If you detect any pricing errors, under the principle of good contractual faith, please notify the website owner as soon as possible so it can make the pertinent technical verifications.
DELIVERY METHOD: the operational summary of the contracted service, the delivery location and the recipient of the products and/or services. If there is any mistake in the data set out, please write to the email info@memora.es. The time range for the shipment obligates the website owner to make the delivery at this time. As a receipt of correct delivery, the recipient of the service must sign a document signed by a representative of the website assigned for this purpose, which shall indicate: (i) if the party accepts the order, (ii) if the party does not accept the order due to not agreeing with its quality, (iii) if it is not accepted for another reason not attributable to the service provider. If the recipient accepts the order, the transaction will be finished for all due legal purposes. 
If circumstance (ii) occurs, in order to be able to start a procedure to verify the service quality and, as applicable, refund the price paid by the user, a photograph must be sent in the presence of the courier of the order that clearly shows the defective product to the email address calidad@memora.es, in order to open a claim. 
In this regard, the website owner pledges to try to resolve all incidents as quickly as possible, replacing defective products as quickly as possible at no cost to the user, as set out in article 119 of the LPCU. 
Moreover, if the order arrives late and the courier was unable to locate the product recipient, the website owner will open an incident proceeding for the order and will contact the product user / buyer to clarify the situation. 
In any case, any incident may be directly communicated to the email address calidad@memora.es
Lastly, in case (iii), bearing in mind that the recipient of the order did not want to receive the product for personal reasons, the provision of service shall be considered as done correctly, where the user / buyer cannot claim for a refund of the price paid. 
The user / buyer also cannot claim as their own the product sent to the recipient, as this is understood as a gift made to the order recipient, and in no case is owned by the buyer after the order has been duly delivered. 

How can you contact the managers of www.memora.es?

As stated throughout the present conditions, users of the website can contact the party responsible for www.memora.es via the email address info@memora.es or by ringing customer service at 902 231 132

Applicable jurisdiction and regulations:
The present general contracting conditions will be subject to Spanish law and to the pertinent autonomous community law, where the parties will submit to the courts of the consumers' or users' jurisdiction by imperative, as applicable, and at the headquarters of the website owner—the city of Barcelona—in all other cases when jurisdiction is dispositive.