NOTE: THE FOLLOWING LEGAL NOTICE HAS BEEN TRANSLATED INTO ENGLISH TO FACILITATE CUSTOMER UNDERSTANDING. THE SPANISH VERSION PREVAILS.
In compliance with art. 10 of Law 34/2002, of 11 July, on information society services and electronic commerce, we inform you that the person responsible for this website is:
IDENTITY: "VICENTE IVARS ROS"
ADDRESS: AVDA. DEL PORTET, 16, 03724 MORAIRA (ALICANTE)
TELEPHONE: +34 634324656
DATA PROTECTION DELEGATE: email@example.com
GENERAL CONDITIONS OF USE OF: www.brassahomes.com
CERTIFICATE OF ADAPTATION L.O.P.D. - G.D.D.D. https://admin.procoden.es/cert/2031
The present general conditions of use (hereinafter GCU), regulate the access and use of the Website under the domain WWW.BRASSAHOMES.COM (hereinafter Website), owned by "VICENTE IVARS ROS" (hereinafter BRASSA HOMES), placed at the disposal of the users (hereinafter User/s).
If you have any doubt or query related to the use and access to the Website or to the present GTU, you can contact us through the contact details published in the Legal Notice.
2.- CONFORMITY WITH THESE GENERAL CONDITIONS
The use of the Website implies full acceptance by the User of the GTU in force at the time the User accesses the Website. Therefore, if the User does not agree with any of the conditions established herein, he/she should refrain from using this Website.
Consequently, the User must read the GTU carefully each time he/she intends to use the Website.
In any case, BRASSA HOMES reserves the right to modify, without prior notice and at any time, the TOU. Likewise, BRASSA HOMES reserves the right to suspend, interrupt or stop operating the Website at any time.
By "use of the Website", it is understood by any User who accesses and browses the Website, regardless of whether or not they fill in the registration forms.
3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS
Access to the Website and/or the Contents included therein does not imply any kind of guarantee regarding the suitability of the Website and/or the Contents included therein for the particular or specific purposes of the Users.
BRASSA HOMES may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in all cases.
3.1- Access and Use of the Website
Unless otherwise stipulated, use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is carried out in all cases under his/her sole and exclusive responsibility.
The User undertakes to comply with the GTU, as well as to comply with the special warnings or instructions contained on the Website and to always act in accordance with the law, good customs and the requirements of good faith, using his or her utmost care taking into account the nature and consideration of the service he or she enjoys. To this effect, he/she shall refrain from using the Website in any way that may impede, damage or deteriorate the normal operation of the same, the goods or rights of BRASSA HOMES, its suppliers, its distributors, the rest of the Users or, in general, any third party.
Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes in the use of the Website:
a) Not to enter, store or disseminate on or from the Website any information or material that is defamatory, libellous, offensive, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination on grounds of race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, the regulations in force.
b) Not to introduce, store or disseminate through the Website any computer programme, data, virus, code or any other electronic or physical instrument or device that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of BRASSA HOMES, of any User, of the Suppliers or Distributors of BRASSA HOMES or in general of any third party, capable of causing any type of alteration or preventing the normal operation of the same.
c) Not to introduce, store or disseminate through the Website any content that infringes the intellectual or industrial property regulations or the rights of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
3.2- Access and Use of the Contents
The Contents of the Website are made available to the User with information from both own and third party sources.
BRASSA HOMES endeavours to ensure that the Contents are of the highest possible quality and are reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.
4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
These GTU do not grant any intellectual or industrial property rights over the Website or any of its constituent elements, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them in any way, by any means or procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for his or her exclusive personal and private use on his or her computer systems (software and hardware), provided that this is not for the purpose of carrying out commercial or professional activities. The User must abstain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which in each case have been made available or indicated for this purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Website). The User must at all times respect all intellectual and industrial property rights over the Website, owned by BRASSA HOMES or third parties.
5.- EXCLUSION OF GUARANTEES AND LIABILITY
5.1.- Exclusion of Guarantees and Responsibility for the functioning of the Website.
BRASSA HOMES does not guarantee the availability and continuity of the functioning of the Website and of the services or Contents offered therein, nor that the contents of the Website are up to date, and is exonerated from all liability for damages of any nature that may arise from such circumstances.
BRASSA HOMES will carry out, provided that there are no circumstances that make it impossible or difficult to carry out and as soon as it becomes aware of the errors, disconnections and/or lack of updating of the contents, all those tasks aimed at rectifying the errors, re-establishing communication and/or updating the aforementioned contents.
Likewise, BRASSA HOMES does not guarantee either the technical reliability of its website or access to its different pages, and is likewise exonerated from any liability for damages of any kind that may arise for this reason.
Furthermore, BRASSA HOMES accepts no responsibility for any possible errors or security deficiencies that may occur due to the use by the User of a browser with an out-of-date or insecure version of the browser or for any damage, errors or inaccuracies that may arise from the malfunctioning of the same.
In order to reduce the risk of the introduction of viruses on the Website, it uses virus detection programmes to control all the Contents that it introduces on the Website. Nevertheless, BRASSA HOMES does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to BRASSA HOMES that may cause alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, BRASSA HOMES shall in no case be liable for any damages of any kind that may derive from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
BRASSA HOMES adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. Nevertheless, BRASSA HOMES does not guarantee that unauthorised third parties can have access to the type of use or browsing of the Website by the User or the conditions, characteristics and circumstances in which it is carried out. Consequently, BRASSA HOMES shall in no case be liable for any damages that may arise from such unauthorised access.
BRASSA HOMES shall not be responsible under any circumstances for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may derive from the same.
5.2.- Exclusion of Guarantees and Liability for Content
BRASSA HOMES does not edit the Contents of third parties published on the Website and, consequently, neither guarantees nor accepts responsibility for the lawfulness, reliability, usefulness, truthfulness, accuracy, exhaustiveness and up-to-dateness of said Contents, nor for the Contents owned by BRASSA HOMES. BRASSA HOMES shall in no case be liable for any damages that may derive from: (i) the lack of lawfulness, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and its own; (ii) the unsuitability for any purpose and the disappointment of the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Contents, including without limitation the loss of profits or business opportunities.
Those persons who intend to establish hyperlinks between their web page and the Website must observe and comply with the following conditions:
I) Prior authorisation shall not be required when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any form. Any other form of Hyperlink shall require the express and unequivocal written authorisation of BRASSA HOMES.
II) The web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
III) The website on which the Hyperlink is established shall not contain information or content that is illicit, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any third party rights.
IV) BRASSA HOMES reserves the right to block hyperlinks to the Website that do not have express prior authorisation, even if they comply with the provisions of this point of the General Conditions.
7.- ACTIONS IN THE EVENT OF NON-COMPLIANCE
BRASSA HOMES reserves the right to exercise whatever actions are available at law to demand the responsibilities derived from the non-fulfilment of any of the provisions of these General Conditions of the Website by a user.
8.- PARTIAL NULLITY
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.
9.- APPLICABLE LAW AND JURISDICTION
These GTU shall be governed by the provisions of Spanish law.
Any controversy related to the conditions of use and access to this Website contained in the present document of the Website's GTU, the parties submit, expressly renouncing to any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Dénia.
BRASSA HOMES designates the address specified in the Legal Notice as the contact address for the purposes of making the appropriate notifications.
The e-mail address provided by the User during the registration process on the Website will be used by BRASSA HOMES for the purpose of sending notifications to the User.
The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.
All the Notifications made by BRASSA HOMES to the User shall be considered to have been validly made if they have been made using the data and through the aforementioned means. BRASSA HOMES shall not be held responsible for any damage that may occur as a result of the User's failure to comply with his or her obligation to keep his or her contact details up to date.