1. Purpose.
1.1. These legal conditions regulate the use and access conditions of the website http://www.XXX.com (hereinafter the “site”), a website owned by XXX, under the name XXX (hereinafter the “Company”), duly registered.
1.2. The use or access to this site implies that you (hereinafter the “user”) acknowledge having read and understood these legal conditions of use, and agree to comply with them in their entirety.
1.3. If you as a user do not agree with any of these conditions, you must stop accessing this site.
2. Site Ownership.
2.1. This entity has its registered office at XXX (CP. XXX – XXX).
2.2. You can contact the company at the telephone number XXXXXXXXX or at the email address XXX@XXX.com
2.3. Unless expressly stated otherwise, communications with the company may be made by regular mail to the physical address indicated or by email. The company will contact the user via email, at the address in its possession or provided to it in this regard.
3. Operation of the site.
3.1. The company reserves the right to modify, at any time, unilaterally and without prior notification to its users, the contents, structure, operation or access conditions of this site.
3.2. However, users of the site are aware and accept that part of the information contained therein could be incorrect, incomplete or outdated, or contain typographical errors. The company reserves the right to update the content of this site and will not be responsible for the failure to update the information.
3.3. The company also reserves the right to temporarily suspend, without prior notice, access to this site to carry out maintenance, updating, improvement or repair operations.
3.4. It is prohibited for the user to use this website to send, transmit or publish any illegal, threatening, slanderous, defamatory, propaganda, scandalous, obscene, pornographic material, or any other material that could give rise to civil or criminal liability in accordance with applicable legislation, for which the user will in any case be responsible.
3.5. The company also does not guarantee that this website or the servers that host it are free of viruses and other types of potentially dangerous software, as well as the availability, continuity, usefulness and infallibility of the operation of this site, its services or its contents; nor the legality, reliability or usefulness of the information and content provided by third parties through this site.
3.6. In general, only natural and legal persons with sufficient legal capacity in accordance with applicable legislation may use this site. Exceptionally, minors who have previously obtained authorization from their parents or legal guardians may use the site, who will be responsible for the use that the minor in their care makes of the site.
4. User Behavior. Prohibitions.
4.1. The use of the contents and services offered by the company will be at the exclusive risk and responsibility of the user.
4.2. The company does not assume any duty or commitment to verify or monitor the contents and information entered by users.
4.3. The user undertakes to use the website and all its contents and services in a diligent manner, always subject to the Law, good customs, and these general conditions, always maintaining respect for other users.
4.4. Likewise, the user undertakes to make appropriate use of the materials and information contained in the website, not using them to carry out illegal or criminal activities that violate the rights of third parties, or that infringe the regulation of intellectual and industrial property, or any other rule of the applicable legal system, being solely responsible to the company and third parties for the breach of what is established here.
4.5. The user undertakes not to transmit, introduce, disseminate or make available to third parties any type of material and information contrary to the law, morality, public order and these general conditions of use.
4.6. In any case, the user must always provide truthful information that cannot lead to any type of confusion, as well as correct identification data, and never impersonating third parties or on their behalf.
4.7. In relation to the violation of any irregularity, remember that the IP address of your computer is recorded simply by accessing our website.
5. Protected areas of the website.
5.1. Generally, access to the company’s services will not require user subscription or registration.
5.2. The use of certain services may be conditional on the prior obtaining of a personal account through user registration. This registration will be carried out in the manner expressly indicated on the website.
5.3. This site may contain restricted access areas, protected by identifiers and passwords or other security mechanisms. The user will not attempt to access these restricted access areas if he is not duly authorized by the company, nor will he attempt to evade or manipulate the protective mechanisms established by it.
5.4. The user who has been authorized by the company to access any of these protected areas will be solely responsible for keeping the identifiers, passwords and other security methods that the company makes available to him/her to access the protected areas in strict secrecy, and not disclosing them to third parties. The user will therefore be solely responsible for any damages that may arise from not keeping the aforementioned security mechanisms secret.
The user is informed that any attempt to access the restricted areas of this site without authorization may be subject to civil and/or criminal liability.
6. Intellectual and industrial property.
6.1. All contents of the site, including, but not limited to, trademarks, logos, graphics, images, sound and video files, software, programming code, texts, icons, and names that identify services (hereinafter “the materials”) are the property of the company and are protected by current legislation on intellectual and industrial property rights.
6.2. The user’s access to this site does not imply any type of waiver, transmission or assignment, total or partial, of these property rights, for this reason, access to these contents or elements does not grant, under any circumstances, the user the possibility of copying, selling, modifying, reproducing, publishing, assigning, transmitting, or creating new products or services derived from the information and elements contained herein.
6.3. That is why the user of this site may not, except with prior express written authorization from the company, copy, distribute, download, modify, delete, erase, alter, publish, transmit, or take advantage of the materials it contains in any way.
6.4. The user does not acquire any rights or license in relation to the service or the elements therein, except for the limited right to use the service in accordance with the applicable conditions. The user may only use the contents or elements that he accesses through the company’s services for his own use and needs, committing himself not to carry out, directly or indirectly, a commercial exploitation, neither of the services, nor of the materials, elements, or information obtained through them.
7. Data Protection and Privacy Policy.
7.1. In accordance with the provisions of current legislation on the protection of personal data, the company informs the user of the existence of a personal data file that contains the data that users enter on the site. The company is responsible for the file.
7.2. The personal data that the user must provide are essential for sending orders and drawing up invoices. The absence of this data will lead to the automatic cancellation of orders. By registering on the page, the user undertakes to provide valid personal data, data that allows the provision of the service by the company and the correct identification of the registered user, as well as the sending of information and advertising of the different products and offers that the company may have on its website.
7.3. The user and data owner is informed, and gives his unequivocal consent, that by completing the various forms, his personal data will be incorporated into the automated files of the company, in order to provide and offer our services as well as keep the user informed about the products offered.
7.4. The user guarantees the authenticity of all the data that he communicates through http://www.XXX.com and will keep the information that he provides to the company updated, so that it responds at all times to his real situation, being solely responsible for the false or inaccurate statements that he makes, as well as for the damages that he causes for this reason to the company or third parties.
7.5. Acceptance of this legal notice implies the provision by the user of their express consent so that the company can send them advertising, promotional or commercial communications by email or other means of communication, in the terms established by Law 34/2002, on Information Society Services and Electronic Mail. In the event that they are not interested in receiving this type of communications, they can contact the company at the address indicated above or at the email address XXX@XXX.com, expressing their will.
7.6. The company undertakes to comply with its obligation of secrecy with respect to personal data and to the duty to treat them confidentially. To this end, it will adopt the reasonable security measures provided for by law to prevent their alteration, loss or unauthorized access.
7.7. The user may exercise their rights of access, rectification, cancellation and opposition to their personal data under the terms established in current legislation, through XXX@XXX.com or at c/ XXX de XXX.
8. Cookie Policy.
8.1. “Cookies” are text files that servers that host websites send to their users’ browsers. Cookies cannot be executed or contain viruses, and can only be read by the server that hosts the website.
8.2. This site requires the use of “Cookies” for its correct functioning.
9. Information Transmitted by Users.
9.1. This site may contain public forums, chat rooms and other mechanisms through which users can express their opinions and exchange files in electronic format. The information, communications and files sent through these forums and rooms, together with the e-mail addresses and other communications disclosed by users will not be considered confidential material.
9.2. When users transmit or publish any type of information to this site, they will be granting authorization to the company to use such information, including without limitation, the use, reproduction, transmission, publication or sending of such information for any purpose, including, without limitation, the reproduction, disclosure, transmission, publication or sending of such information.
9.3. The company assumes no responsibility for the content of the information or communications sent by its users through these areas.
9.4. All opinions written by users are monitored by the marketing team. If the opinions received violate the law, ethics or morality (abusive advertising, defamation, insults, off-topic comments, etc.), the company reserves the right to reject or modify these opinions.
10. Disclaimer of Warranties and Responsibilities.
10.1. All information contained in this site is provided “as is”, without the company granting guarantees of any kind, both express and implied, regarding the accuracy, reliability and integrity of this site. The company does not grant any warranty, express or implied, including, but not limited to, warranties for non-compliance with quality, merchantability or suitability for a particular purpose.
10.2. The company also does not guarantee that this website, or the servers that host it, are free of viruses and other types of potentially dangerous software.
10.3. The company does not guarantee the availability, continuity, usefulness and infallibility of the operation of this site, its services or its contents; nor the reliability or usefulness of the information and contents provided by third parties through this site. Although the company makes every reasonable effort to guarantee the availability, access, continuity, and infallibility of the operation and its services, the company does not guarantee them, since they may be interfered with by numerous factors beyond its control. Consequently, it will not be liable (within the limits established in the current legal system) for damages of any nature caused to the user as a result of the aforementioned unavailability, access failures and lack of continuity.
11. Limitation of liability.
11.1. The company will not be held liable in any way for any direct or indirect damage, loss of profit or loss of data and/or customers arising from the use by users or the impossibility of using this website.
11.2. This site may contain hypertext links (“Links”) and references to other sites and web pages that may not be controlled by the company, in which case the company will not be liable for the content that may appear on these pages.
11.3. The user expressly agrees to exempt the company from any liability for the acts or omissions of the users based on the content hosted on this site.
11.4. The user expressly understands and accepts that any type of content, software or any other type of material, which he downloads or obtains in any other way through this site is done at his own risk, and that he as the user will be solely responsible for any damage or loss of data caused to his computer systems.
11.5. The company has taken all reasonable measures to ensure that the information contained in this site is correct. However, users of the site agree to be aware that some of the information contained in this site could be incorrect, incomplete or outdated, or contain errors.
12. Right of exclusion and partial nullity
12.1. The company reserves the right to cancel, eliminate, or disallow the use of all or any of the services of the website to any user without prior notice if, in its opinion, and under any circumstances, the user is making incorrect use of it.
12.2. If a competent court rules that any of the provisions contained in these legal conditions is unlawful or null, such provision will be excluded if legally required. The user expressly accepts that the rest of the provisions not excluded will not be modified, and that they will continue to be in full force.
13. Applicable law and Jurisdiction.
13.1. This site is located and operated from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the application of the principles of conflict of laws. In those cases in which the user does not have the status of consumer, or who has his domicile outside Spain, the company and the user submit to the Courts and Tribunals of Girona, expressly waiving any other jurisdiction that may correspond to them.
13.2. If the user decides to use or consult this site from outside Spain, he must bear in mind that he does so on his own initiative, and that he is responsible for compliance with applicable local laws.
14. Duration and revision.
14.1. Although the legal relationship between the company and the user, derived from access to and use of the site, has an indefinite duration, this will be considered terminated at the time the company modifies these general conditions. At the time the company announces the modification of the general conditions, and the user accesses and uses the services and contents of the site, a new legal relationship between both parties of an equally indefinite nature is considered initiated.
14.2. Without prejudice to the foregoing, the company is authorized to suspend, interrupt, or terminate unilaterally, at any time and without the need for prior notice or just cause, the provision of any of the services it offers.
14.3. The company reserves the right to revise, unilaterally and without prior notice, these conditions of use at any time. The revised conditions will enter into force as soon as they are published on this site. If the user makes regular use of this site, he/she must review the conditions regularly, and refrain from accessing the site if he/she does not consider any of the revised conditions acceptable.
