TERMS AND GENERAL CONDITIONS OF ACCESS AND USE OF THE WEB SITE.
INTRODUCTION AND OBJECT:
CASALS ONLINE, SL. is a spanish company, registered in the Barcelona Mercantile Register, with CIF number: B-65732752 and registered office in Carrer Doctor Trueta 210, local1, 08005, Barcelona (hereinafter CASALS ONLINE), which acts in the areas of distribution and trade of goods and services; and owns a website on the Internet (hereinafter the WEBSITE), through which it makes certain information available to its users and sells certain products and provides certain services. The WEB SITE is accessible from multiple domains or Internet addresses, being the main one: https://casalsonline.es
Through the WEB SITE, CASALS ONLINE provides its users access and use of various services and content (hereinafter, the “Services”) made available by CASALS ONLINE or any third party. These terms and conditions are intended to establish and control general access to the WEBSITE as well as various content and services provided by any third party or CASALS ONLINE from and / or through it.
Both access and the general use of the Website attribute the status of user (hereinafter the “User”), which necessarily implies the full and unreserved acceptance of all and each of the provisions included in the terms & conditions access and use.
The User is expressly warned and agrees with the fact that these terms might experience changes in future depending on the free CASALS ONLINE criterion without any prior notice obligation on his part. Consequently, it will be the sole responsibility of the user to check the terms and conditions in each of the occasions on which it intends to use the Web Site.
ACCESS LEVELS AND USER REGISTER:
In general, the mere access to the Web Site will be free. However, CASALS ONLINE affects access to certain areas of the Website and use of all services upon previous completion of the form of user registration.
For all purposes, access to the WEBSITE through user identification through social networks are considered user registration and necessarily implies acceptance without reservation or objection to these terms and conditions.
CASALS ONLINE may also make available to the users certain Services whose use may require the completion of additional records and / or satisfaction of certain monetary considerations. In that case, such registration shall be in the manner indicated in the service or in the specific conditions governing it.
The CASALS ONLINE user condition requires legal age. The user represents and states -if anything, to be at least 18 years old.
The User guarantees the truthfulness of the above statement, as well as of all the data provided to CASALS ONLINE and is responsible for keeping them fully updated during their condition thereof. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damage caused to CASALS ONLINE or others for the information provided.
CASALS ONLINE reserves the right to refuse admission on the WEBSITE. This refusal does not behave right to compensation.
Once the registration process is successfully completed, CASALS ONLINE will register the User in its database of registered users. An account will be generated with the User’s email address and an “access keyword” associated to each user.
III. USER’S DUTIES:
The duties of the User will be, regardless of them coming from the clauses of this document, the following:
The User shall be obliged to ensure the accuracy of the registration data introduced in information systems of CASALS ONLINE perform as many updates as may be necessary. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damage caused to CASALS ONLINE or others for the information provided.
To safeguard the “user” and “password” with diligence, preventing access by unauthorized third parties to them and thus ensuring privacy.
Notify CASALS ONLINE with immediate effect any indication of the existence of a violation of the security on the web, WEB SITE misuses or safety, banned from the services provided therein, or security flaws of any kind.
Make good use of the content, information and services from or through the SITE, pursuant to law, good faith and good customs generally accepted expressly committing to:
Refrain from practices or customs services for illegal, fraudulent or harmful purposes of rights or interests of CASALS ONLINE or third parties, infractors of the rules contained in this Agreement or in the Special Conditions governing all of the services given from or through the Web Site.
Refrain from any action that could disable, overburden, or impair systems, equipment or services of the WEB SITE or directly or indirectly accessible via the WEB SITE.
Respect the rights of intellectual and industrial property of CASALS ONLINE and third parties on the content, information and services given from the SITE, generally refraining to copy, distribute, or reproduce in any way communicate them to third parties without specific written authorization from CASALS ONLINE or holders of such rights.
INTELLECTUAL AND INDUSTRIAL PROPERTY:
All software and content of the Website, including: html code, text, animations, images etc.. as well as trademarks, trade names and / or logos shown are the property of CASALS ONLINE or third parties and are protected by national and international laws of intellectual property.
Any use outside the WEB SITE, including reproduction, modification, distribution, transmission, republication, arrangements or representation of any element thereof is strictly prohibited unless express written consent of CASALS ONLINE.
EXCLUSION OF WARRANTIES:
Access to the Web Site does not imply any warranty, expressly waives CASALS ONLINE, regarding quality, reliability, accuracy, legality, currency or validity and usefulness or fitness for any purpose of those accessing them. Both access to the Web Site and the use made of the information and contents included therein or accessible therefrom, is carried out under the sole responsibility of the user.
CASALS ONLINE will not respond in any way and to any extent, whether direct or indirect, or consequential damages or lost profits, damages arising from any use of the information and content of the WEB SITE or accessed from or through it.
CASALS ONLINE DOES NOT guarantee in any way the quality, reliability, accuracy, legality, currency or validity and usefulness or fitness for any purpose of the contents included in WEB SITE. CASALS ONLINE excludes, to the extent permitted by law, any liability of any kind for the quality, reliability, accuracy, legality, timeliness, validity or usefulness / suitability for any purpose that the User may be attributed to the content from the WEB SITE .
The WEB SITE may contain links to pages that, even within the SITE are under responsibility of others. Also the SITE may contain links to external sites in all cases the same. In both cases, CASALS ONLINE can not monitor or control the content in any way. CASALS ONLINE excludes, to the extent permitted by law, any liability of any kind arising from the existence or possibility of access to such content.
Likewise, CASALS ONLINE will in no case be responsible, not even indirectly, for goods or services provided or offered by other persons or entities, or any content, information, communications, opinions or statements of any kind originated by third parties which may be accessible through the Web Pages of CASALS ONLINE.
SECURITY AND PRIVACY:
CASALS ONLINE will reasonably use the means at its disposal to provide security systems to protect their systems reasonably and data contained therein against deliberate attacks, malicious software, etc..
However, the User understands and accepts the aspects involved in the provision of services via the Internet due to the open, decentralized and global nature of this communications network.
Therefore CASALS ONLINE DOES NOT guarantee the impregnability of their security or privacy of information housed therein. CASALS ONLINE excludes, to the extent permitted by law, any liability of any kind for security flaws in the SITE and the consequences arising from them.
INTERRUPTIONS AND/OR SYSTEM SUSPENSION:
In general the different services available uninterruptedly on the Internet. However, the User is perceived that CASALS ONLINE DOES NOT guarantee this continuity in any way due to the nature of the medium through which they are delivered.
The User understands and agrees with the aspects involved in the provision of services via the Internet as an open, decentralized and global nature of the network.
So for example, no comprehensive limitation, the following situations that may temporarily interrupt provision of such services:
Maintenance on the servers and / or data lines
Breakdowns on servers and / or data lines
Deliberate attacks on the security and integrity of the system
Presence of computer viruses or malicious code on pages that are not accessible from the WEB SITE
CASALS ONLINE excludes, to the extent permitted by law, any liability arising from any temporary interruption in the availability of the Web Site on the Internet network.
The User is reprimanded that CASALS ONLINE may at any time, in its sole discretion and without any obligation of notice, suspend definitively the presence of the Website on the Internet and therefore the services provided from or through it, without prejudice to any provisions in this regard in the Particular Terms. CASALS ONLINE is exempted from any liability arising from any of the consequences that could result from the final suspension in the provision of such services.
Warning about product stocks listed in the online store of the Web Site: the WEB SITE consists of a section of online store that can display information about stocks of products available. This information is communicated in each case by the manufacturer or supplier thereof.
CASALS ONLINE makes efforts to keep this stocks information up to date in the WEB SITE, depending on the information received at all times by the manufacturer or supplier, but can not guarantee at any time the adaptation to reality of it because it is external information, provided by third parties.
LOW VOLUNTARY EXCLUSION AND RESPONSIBILITIES:
Any User may request to be unsubscribed at any time, as a user of the Website. CASALS ONLINE shall have 30 days to review the status of the user with respect to all services the user shall be subscribed to, where applicable, issue receipts for all those consumptions that at the time of the unsubscription request are still to be paid for.
In the absence of any settlement amount outstanding and / or collection, the unsubscription will be effected immediately. Otherwise, the floor shall be subject to actual receipt of such amounts by CASALS ONLINE.
The User is responsible of the proper use of the Website and contracted services from or through it. Any use of the services otherwise provided by the user, will result in the immediate exclusion of the Website with loss of its status as a registered user thereof, without the right to compensation without prejudice to legal action from CASALS ONLINE.
The falsity of the personal and / or professional data provided by the User during the registration process in the SITE or any of the services provided from or through it may involve the immediate exclusion of the Website with loss of user status registered thereof, without any right to compensation and without prejudice to legal action by CASALS ONLINE or others entitled.
Any action by the User that may jeopardize or damage systems, equipment or services directly or indirectly accessible through the Web Site, entails immediate exclusion from thereof, the loss of its status as a registered user thereof, without compensation and without prejudice to the respective legal by any place CASALS ONLINE actions.
Any action by the user who violates these terms and conditions, the special conditions that may regulate specific services, law or morality generally accepted entail immediate exclusion of the Website with loss of its status as a registered user of same, without the right to compensation and without prejudice to the legal actions that might take place by CASALS ONLINE.
The User shall be solely liable for any claims, legal, judicial or extrajudicial action initiated by third parties against the User himself both as against CASALS ONLINE, based on use of services contrary to law, morals, good faith and generally accepted moral standards.
In order to practice the appropriate notifications, CASALS ONLINE expresses as an address specified as their own at the top of these terms and conditions.
The email provided by the user during the registration process in the Web Site, will be used for purposes of practicing CASALS ONLINE notifications to the user.
The User is obliged to keep properly updated the data for notifications which are referenced in this clause properly updated.
All Notices executed by CASALS ONLINE to the User shall be considered validly made if you have made as long as they have been made using the data and through the means mentioned above.
CASALS ONLINE is not responsible for any damage that may result from User’s breach of its obligation to maintain updated contact details.
CASALS ONLINE may change without previous notice promotions and discounts generated by existing policies promotions on its website, and reserves the right to withdraw or cancel the discounts obtained if suspected to have been achieved in an illegitimate or fraudulent manner.
Similarly, CASALS ONLINE reserves the right to cancel discount and restore the original user data on promotions if changes in the conditions of application and / or generation of the rules and promotions that have generated such discounts are made.
VALIDITY AND ENTIRE AGREEMENT:
The revocation or invalidity of any provision contained in these terms and conditions shall not affect the validity and enforceability of the remaining provisions.
These terms and conditions of the services provided by CASALS ONLINE through WEB SITE constitutes the entire agreement between the parties, considered senior to any written or verbal agreement, understanding, affirmation, representation, or purpose of negotiating agreement on this matter.
APPLICABLE LAW AND JURISDICTION:
These terms and conditions are governed by and construed in every one of its clauses by the Spanish law.
Both CASALS ONLINE and User agree to attempt to resolve amicably any dispute that may arise in the development of market relations that belong to them.
To solve any disputes that might result from the development of market relations that belong to them, both parties agree to submit to the jurisdiction of the Courts of Barcelona, unless -it were a case of- mandatory legal submission to other jurisdiction.