These General Conditions of Use, and Sale (hereinafter, the «General Conditions») regulate the use of the website www.labaraquita.es (hereinafter, the Website) that La Barraquita (hereinafter «VOGEL XXI»), makes available to people who access your Website in order to provide information on products and services, their own and / or collaborating third parties, and facilitate their access to them, as well as the contracting of services and goods through the same (all referred to together the «Services»).
VOGEL XXI is property of VOGEL XXI, S.L., with CIF. B98816234 with registered office at Camí del Llari, 16, 46130 Massamagrell (Valencia), Spain and is the owner of this Website whose use is regulated by this document. To contact VOGEL XXI, you can use the postal address indicated above, as well as the email address email@example.com, or telephone number 962507617.
Due to the very nature of the Website, as well as its content and purpose, practically all the navigation that can be carried out by it must be done enjoying the condition of Client, which is acquired according to the procedures set out in the same. Therefore, the aforementioned condition of Customer implies adherence to the General Conditions in the version published at the time that the Website is accessed. VOGEL XXI reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, VOGEL XXI recommends the Client to read it carefully each time he accesses the Website.
In any case, there are pages of the Website accessible to the general public, with respect to which VOGEL XXI also wishes to comply with its legal obligations, as well as to regulate the use thereof. In this sense, users who access these parts of the Website agree to be subject, by accessing the aforementioned pages, by the terms and conditions contained in these General Conditions, to the extent that this may be applicable.
Finally, due to the nature of this Website, it is possible that changes to the content of these General Conditions may be modified or included. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that they will be applicable the corresponding conditions that are in force at the time of your access.
ACCESS AND SECURITY
The access to the Services requires the previous registration of the users, once they accept the General Conditions, going on to be considered as Clients.
The Client’s identifier will consist of his email address and a password. To access the Customer’s own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this regard, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of your password by third parties, you must modify it immediately, in the way it is collected on the Website.
CORRECT USE OF THE SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of a merely enunciative and non-limiting nature, undertakes to abstain from:
- Use the Services in a manner, for purposes or effects contrary to law, morality and generally accepted good practices or public order
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted
- Perform any act that may be considered a violation of any intellectual or industrial property rights belonging to VOGEL XXI or third parties
- Use the Services and, in particular, the information of any kind obtained through the Website to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as marketing or disclosing in any way said information
The Customer shall be liable for damages of any nature that VOGEL XXI may suffer, on occasion or as a consequence of breach of any of the obligations set forth above, as well as any other included in these General Conditions and / or those imposed by the Law in relationship with the use of the Website.
VOGEL XXI will watch at all times for the respect of the current legal system, and will be entitled to interrupt, in its sole discretion, the Service or to exclude the Client from the Website in case of presumed commission, complete or incomplete, of any of the crimes or faults typified by the current Penal Code, or in case of observing any conduct that in the opinion of VOGEL XXI is contrary to these General Conditions, the General Conditions of Contract that operate for this Website, the Law, the norms established by VOGEL XXI or your collaborators or may disturb the good functioning, image, credibility and / or prestige of VOGEL XXI or its collaborators.
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of VOGEL XXI or third parties, whose rights in this regard are legitimately held. VOGEL XXI, being therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.
The infraction of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code.
Those Customers who send comments, opinions or comments to the Website through the electronic mail service or by any other means, in the cases in which the nature of the Services is possible, it is understood that they authorize VOGEL XXI for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of protection of copyright that is provided for by law and without territorial limitation. Likewise, it is understood that this authorization is made free of charge.
Claims that may be filed by Customers in relation to possible breaches of intellectual or industrial property rights over any of the Services of this Website should be directed to the following email address: firstname.lastname@example.org.
EXCLUSION OF GUARANTEES AND RECIPROCITY
Regardless of what is established in the General Contract Conditions related to the contracting of goods included in this Website, VOGEL XXI is not responsible for the veracity, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented «as is» and are accessible without guarantees of any kind.
VOGEL XXI reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical reasons, security, control, maintenance, failure of power supply or any other justified cause.
Consequently, VOGEL XXI does not guarantee the reliability, availability or continuity of its Website or the Services, so that the use thereof by the Client is carried out at your own risk, without which, At no time can VOGEL XXI be held responsible in this regard.
VOGEL XXI will not be liable in case of interruptions of the Services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of VOGEL XXI, and / or due to a fraudulent or culpable action of the Client and / or originates causes of fortuitous event or force majeure. Without prejudice to what is established in article 1105 of the Civil Code, will be understood included in the concept of Force Majeure, in addition, and for the purposes of these General Conditions, all those events that occurred outside the control of VOGEL XXI, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that VOGEL XXI has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, VOGEL XXI will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.
VOGEL XXI excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or to which Accessed through the Website as well as by the Services provided or offered by third parties or entities. VOGEL XXI will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information provided in it. In this sense, VOGEL XXI has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by a Judicial Authority or Administrative competent.
Similarly, VOGEL XXI excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in documents or systems stored in them.
VOGEL XXI is not responsible for the use that the Client makes of the Services of the Website or their passwords, as well as any other material thereof, infringing the rights of intellectual or industrial property or any other right of third parties.
The Client undertakes to hold VOGEL XXI harmless for any damage, loss, sanction, expense (including, without limitation, attorneys’ fees) or civil, administrative or any other kind of liability that VOGEL XXI may suffer that is related to the breach or partial or defective performance of the provisions of these General Conditions or applicable legislation, and, in particular, in relation to their obligations regarding the protection of personal data collected in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEB SITES
VOGEL XXI does not guarantee or assume any type of responsibility for the damages and losses suffered by the access to Third Party Services through connections, links or links of the linked sites or the accuracy or reliability thereof. The function of the links that appear in VOGEL XXI is exclusively to inform the Client about the existence of other sources of information on the Internet, where you can expand the Services offered by the Portal.
VOGEL XXI will not be in any case responsible for the result obtained through such links or the consequences arising from access by Clients to them. These third-party services are provided by them, so VOGEL XXI can not control and does not control the legality of the Services or their quality. Consequently, the Customer must exercise prudence in the assessment and use of information and services existing in the contents of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretative or litigious questions that may arise, Spanish legislation will apply and in case of dispute, both parties agree to submit, with waiver of any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Valencia.