1. ABOUT THIS LEGAL NOTICE AND ITS ACCEPTANCE
This legal notice (hereinafter, the "Legal Notice") regulates the use of the service of the Internet portal "www.pavigesa.com" (hereinafter, the "Portal") made available to Internet users. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. has its registered office at C/ Boliche, S/n 14500 - (Puente Genil) - Cordoba, Spain, has tax identification number A14057624 and is registered in the Mercantile Register of Cordoba. The use of the Portal confers the condition of user of the Portal (hereinafter, the "User") and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice in the version published by PAVIGESA. PAVIMENTOS DEL GENIL, S.A. at the very moment the User accesses the Portal. Consequently, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as it may undergo modifications. The use of certain services offered to Users through the Portal is subject to specific conditions (hereinafter, the "Specific Conditions") which, depending on the case, replace, complete and/or modify this Legal Notice. Therefore, prior to using these services, the User must also carefully read the corresponding Particular Conditions. Likewise, the use of the Portal is also subject to all the notices, regulations for use and instructions made known to the User by PAVIGESA. PAVIMENTOS DEL GENIL, S.A. which replace, complete and/or modify this Legal Notice.
2. OBJECT
Through the Portal, PAVIGESA. PAVIMENTOS DEL GENIL, S.A. provides Users with access to and use of various services and content (hereinafter, the "Services") made available by PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or by third parties.
3. CONDITIONS OF ACCESS AND USE OF THE PORTAL
3.1. Free access to and use of the Website
The provision of the Services, by PAVIGESA. PAVIMENTOS DEL GENIL, S.A., is free of charge for Users. Notwithstanding the foregoing, some of the Services provided by PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or by third parties through the Portal are subject to payment of a fee as determined in the relevant Specific Conditions.
3.2. User Registration
In general, the provision of the Services does not require prior subscription or registration by Users. However, PAVIGESA. PAVIMENTOS DEL GENIL, S.A. conditions the use of some of the Services to the prior completion of the corresponding User registration, which is available for those who wish to register at the URL /cookie-policy-ue/ .com. Also, PAVIGESA. PAVIMENTOS DEL GENIL, S.A. makes available to Users some Services whose use requires the completion of additional registrations. The aforementioned registration shall be carried out in the manner expressly indicated in the service itself or in the Particular Conditions that regulate it.
3.3. Accuracy of information
All information provided by the User through the Services must be truthful. For these purposes, the User guarantees the authenticity of all data provided as a result of filling in the forms necessary for subscription to the Services. Likewise, it shall be the User's responsibility to maintain all the information provided to PAVIGESA. PAVIMENTOS DEL GENIL, S.A. permanently updated so that it corresponds, at all times, to the real situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or third parties for the information you provide.
3.4. Minors
In order to use the Services, minors must first obtain permission from their parents, guardians or legal representatives, who will be considered responsible for all acts carried out by the minors in their care. Full responsibility for determining the specific content and Services accessed by minors lies with the adults in whose charge they are. As the Internet makes it possible to access content that may not be appropriate for minors, Users are informed that there are mechanisms, in particular computer filtering and blocking programmes, which make it possible to limit the content available and, although they are not infallible, they are particularly useful for controlling and restricting the material that minors may access.
3.5. Obligation to make correct use of the Portal and the Services.
The User undertakes to use the Portal and the Services in accordance with the law, this Legal Notice, the Specific Conditions of certain Services and other notices, regulations for use and instructions made known to them, as well as with generally accepted morals and good customs and public order. To this effect, the User will abstain from using any of the Services for illicit purposes or effects, prohibited in this Legal Notice, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the Services, the computer equipment or the documents, files and all types of content stored in any computer equipment (hacking) of PAVIGESA. PAVIMENTOS DEL GENIL, S.A., of other Users or any other Internet user (hardware and software). In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
A.- in any way that is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in other legislation;
B.- induces, incites or promotes criminal, denigratory, defamatory, defamatory, violent or, in general, actions contrary to the law, generally accepted morals and good customs or public order;
C.- induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition;
D.- incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to law, morals and generally accepted good customs or public order; E.- induces or may induce an unacceptable state of anxiety or fear;
F.- induces or incites to engage in practices that are dangerous, risky or harmful to health and mental equilibrium;
G.- is false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way as to mislead or be likely to mislead as to its object or as to the intentions or purposes of the communicator;
H.- is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorisation to carry out the use that he/she is making or intends to make;
I.- violates the business secrets of third parties;
J.- is contrary to the right to honour, to personal and family privacy or to one's own image;
K.- in any way undermines the credit of PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or third parties;
L.- infringes the regulations on secrecy of communications;
M.- constitutes, where appropriate, unlawful, misleading or unfair advertising and, in general, constitutes unfair competition;
N.- incorporates viruses or other physical or electronic elements that may damage or impede the normal operation of the network, the system or computer equipment (hardware and software) of PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or third parties or that may damage the electronic documents and files stored on such computer equipment;
O.- due to its characteristics (such as format, length, etc.) causes difficulties in the normal operation of the Service;
P.-contain HTML tags other than those expressly authorised by PAVIGESA. PAVIMENTOS DEL GENIL, S.A..
3.6. Obligation to make proper use of the Contents
In accordance with the provisions of clause 3.5, the User undertakes to use the content made available to Users on the Portal, which is understood to include, but is not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes (hereinafter, the "Contents"), in accordance with the law, this Legal Notice, the Particular Conditions of certain Services and other notices, regulations of use and instructions made known to them, as well as with generally accepted morals and good customs and public order, and, in particular, they undertake to refrain from:
A.- reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless authorised by the owner of the corresponding rights or it is legally permitted;
B.- to remove, manipulate or in any way alter the copyright and other data identifying the reservation of rights of PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or their owners, fingerprints or any other technical means established for their recognition. The User shall refrain from obtaining or even attempting to obtain the Contents by using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose on the web pages where the Contents are located or, in general, those which are normally used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Portal, the Services and/or the Contents.
3.7. Use of the Services offered on the Portal
In accordance with the Company's Anti-Spamming Policy, the User undertakes to refrain from: 1. collecting data for advertising purposes and sending advertising of any kind and communications for sales or other commercial purposes without prior request or consent; 2. sending any other unsolicited or previously consented to messages to a number of people; 3. 4. use distribution lists that can be accessed through the Services to carry out the activities indicated in sections (i) to (iii) above; 5. make available to third parties, for any purpose, data collected from distribution lists. Users or third parties harmed by the receipt of unsolicited messages addressed to a plurality of persons may communicate this to PAVIGESA. PAVIMENTOS DEL GENIL, S.A. by sending a message to the following e-mail address: tecnicos@pavigesa.com
4. NO LICENCE
All trademarks, trade names or distinctive signs of any kind that appear on the Portal are the property of PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or third parties, without it being understood that the use of or access to the Portal and/or the Services confers on the User any right over the aforementioned trademarks, trade names and/or distinctive signs. Likewise, the Contents are the intellectual property of PAVIGESA. PAVIMENTOS DEL GENIL, S.A. or third parties, without any of the exploitation rights that exist or may exist over said Contents being understood to have been transferred to the User, by virtue of the provisions of this Legal Notice, beyond what is strictly necessary for the correct use of the Portal and the Services.
5. INTELLECTUAL PROPERTY
All content displayed on the Portal, and in particular, designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs susceptible of industrial and commercial use are subject to the intellectual and industrial property rights of www.pavigesa.com or third party owners of the same who have duly authorised their inclusion on the Portal. Under no circumstances shall it be understood that any licence is granted or that any waiver, transfer, total or partial assignment of said rights is made, nor shall any right or expectation of right be conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of said contents without the prior express authorisation of PAVIGESA. PAVIMENTOS DEL GENIL, S.A.
6. LAW ON INFORMATION SOCIETY SERVICES AND ELECTRONIC COMMERCE
On the occasion of the entry into force of the Information Society and Electronic Commerce Services Law 34/2002, of 11 July, PAVIGESA. PAVIMENTOS DEL GENIL, S.A. complies with the obligations required by the LSSI for information society service providers established in Spain, PAVIGESA. PAVIMENTOS DEL GENIL, S.A. has its registered office at C/ Boliche, S/n 14500 - (Puente Genil) - Cordoba, Spain, and is provided with CIF number A14057624 and registered in the Mercantile Register of Cordoba.
7. EXCLUSION OF WARRANTIES AND LIABILITY
7.1. Exclusion of guarantees and liability for the operation of the Portal and the Services
7.1.1 Availability and continuity, utility and fallibility PAVIGESA. PAVIMENTOS DEL GENIL, S.A. does not guarantee the availability and continuity of the operation of the Portal and the Services. Where reasonably possible, PAVIGESA. PAVIMENTOS DEL GENIL, S.A. shall give prior notice of any interruptions in the operation of the Portal and the Services. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. does not guarantee the usefulness of the Portal and the Services for the performance of any specific activity, nor its infallibility and, in particular, although not exclusively, that Users can effectively use the Portal and the Services, access the different web pages that make up the Portal or those from which the Services are provided. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the portal and services, or the lack of usefulness that users may have attributed to the portal and services, to the fallibility of the portal and services, and in particular, but not exclusively, to failures in access to the different web pages of the portal or those from which services are provided.
7.1.2 Privacy and security in the use of the Portal and the Services PAVIGESA. PAVIMENTOS DEL GENIL, S.A.. does not guarantee the privacy and security of the use of the Portal and the Services and, in particular, does not guarantee that unauthorised third parties cannot become aware of the type, conditions, characteristics and circumstances of the use that Users make of the Portal and the Services. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the knowledge that unauthorised third parties may have of the type, conditions, characteristics and circumstances of the use that users make of the portal and services.
7.2. Exclusion of warranties and liability for Contents
7.2.1 Quality PAVIGESA. PAVIMENTOS DEL GENIL, S.A. does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the presence of viruses or the presence of other elements in the contents that may cause alterations in the computer system, electronic documents or user files.
7.2.2 Lawfulness, reliability and utility PAVIGESA. PAVIMENTOS DEL GENIL, S.A. does not guarantee the legality, reliability and usefulness of the Contents. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the transmission, dissemination, storage, availability, reception, obtaining or access to the contents, and in particular, but not exclusively, for damages that may be due to: 1. non-compliance with the law, morality and generally accepted good customs or public order as a consequence of the transmission, dissemination, storage, making available, reception, obtaining or access to the contents; 2. Infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, the rights to honour, personal and family privacy and personal image, property rights and any other rights belonging to a third party as a consequence of the transmission, dissemination, storage, provision, reception, obtaining or access to the contents; 3. The carrying out of acts of unfair competition and illegal advertising as a consequence of the transmission, dissemination, storage, provision, reception, obtaining or access to the contents; 4. The lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the contents; 5. the unsuitability for any kind of purpose and the disappointment of the expectations generated by the contents; 6. the non-fulfilment, delay in fulfilment, defective fulfilment or termination for any reason of the obligations contracted by third parties and contracts made with third parties through or as a result of access to the contents; 7. vices and defects of any kind in the content transmitted, disseminated, stored, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the portal or the services.
7.2.3 Truthfulness, accuracy, completeness and topicality PAVIGESA. PAVIMENTOS DEL GENIL, S.A. does not guarantee the truthfulness, accuracy, completeness and timeliness of the Content. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. excludes, to the full extent permitted by law, any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the contents.
7.3. Exclusion of guarantees and liability for the use of the Portal, the Services and the Content by Users
PAVIGESA. PAVIMENTOS DEL GENIL, S.A. has no obligation to control and does not control the use that Users make of the Portal, the Services and the Contents. In particular, PAVIGESA. PAVIMENTOS DEL GENIL, S.A. does not guarantee that Users use the Portal, the Services and the Contents in accordance with this Legal Notice and, where applicable, with the applicable Particular Conditions, nor that they do so in a diligent and prudent manner. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. is also under no obligation to verify and does not verify the identity of Users, nor the veracity, validity, completeness and/or authenticity of the data that Users provide about themselves to other Users. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. excludes any liability for damages of any kind that may be due to the use of the services and contents by users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that users provide to other users about themselves and, in particular, although not exclusively, for damages of any kind that may be due to the impersonation of a third party by a user in any kind of communication made through the portal.
8. PROTECTION OF PERSONAL DATA
In order to use some of the Services, Users must first provide to PAVIGESA. PAVIMENTOS DEL GENIL, S.A. certain personal data (hereinafter "Personal Data"). PAVIGESA. PAVIMENTOS DEL GENIL, S.A. will automatically process Personal Data for the purposes, as well as under the conditions, defined in its Personal Data Protection Policy. PAVIGESA. PAVIMENTOS DEL GENIL, S.A.. has been adapted to the legal requirements of the Data Protection Act 15/99 and the Security Measures Regulation 1720/2007. The User is informed of the existence of an automated file, called CUSTOMERS, with registration code no. 2050030059, created in accordance with the legal requirements established in the regulations, with the personal data that you may provide while browsing our Website (at the time of registration or when you make your query, comment or request), in order to manage your request, send you information by any means, about products, services, offers and news that we consider of interest to you. In the case of commercial communications sent by e-mail or equivalent means, you give us your express consent to send advertising by this means. The User expressly consents to the transfer of his/her personal data to the companies of the Centria Digital S.L. group, solely for the aforementioned purposes. Users are informed of the possibility of exercising their rights of access, rectification and cancellation by sending a written request to the e-mail address tecnicos@pavigesa.com. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. may use cookies when a User browses the websites and web pages of the Portal. The cookies that may be used on the websites and web pages of the Portal are only associated with the browser of a specific computer (an anonymous User), and do not in themselves provide the name and surname of the User. Thanks to cookies, it is possible that PAVIGESA. PAVIMENTOS DEL GENIL, S.A. recognise the browsers of registered Users after they have registered for the first time, without them having to register on each visit to access the areas and Services reserved exclusively for them. The cookies used cannot read cookie files created by other providers. The User has the possibility of configuring their browser to be warned on screen of the reception of cookies and to prevent the installation of cookies on their hard drive. Please consult the instructions and manuals of your browser for further information. In order to use the Portal, it is not necessary for the User to allow the installation of the cookies sent by PAVIGESA. PAVIMENTOS DEL GENIL, S.A., without prejudice to the fact that in this case it will be necessary for the User to register each time he/she accesses a service that requires prior registration.
9. PROCEDURE IN THE EVENT OF ACTIVITIES OF AN UNLAWFUL NATURE
In the event that any User or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any Content and/or the performance of any activity on the web pages included or accessible through the Portal, and, in particular, the violation of intellectual or industrial property rights (patents, industrial models and drawings, trademarks and trade names, etc.) or other rights, he/she must send a notification to PAVIGESA. PAVIMENTOS DEL GENIL, S.A... containing the following: 1. personal data of the claimant: name, address, telephone number and e-mail address; 2. specification of the alleged unlawful activity carried out on the Portal and, in particular, in the case of an alleged infringement of rights, precise and specific indication of the protected content and its location on the web pages; 3. facts or circumstances that reveal the unlawful nature of such activity; 4. in the event of infringement of rights, a handwritten signature or equivalent, with the personal details of the holder of the allegedly infringed rights or of the person authorised to act in the name and on behalf of the latter; 5. an express, clear statement, under the responsibility of the claimant, that the information provided in the notification is accurate and of the unlawful nature of the use of the contents or the carrying out of the activities described.
10. NOTIFICATIONS
All notices and communications (hereinafter, the "Notices") by the User to PAVIGESA. PAVIMENTOS DEL GENIL, S.A. will be considered effective, for all purposes, when they are addressed to the User Services Department in any of the following ways: 1. 2. Sending by e-mail to the following address: tecnicos@pavigesa.com All Notifications by the User Service shall be considered effective for all purposes. PAVIGESA. PAVIMENTOS DEL GENIL, S.A. The User will be considered effective, for all purposes, when they are carried out in any of the following ways: 1. Sending by post to the User's address when this has been previously notified to PAVIGESA. PAVIMENTOS DEL GENIL, S.A.2. Sending by e-mail to any of the mailboxes that the User has or may have as part of any other service that the User has or may have as part of any other service that the User has or may have as part of any other service that the User may have. PAVIGESA. PAVIMENTOS DEL GENIL, S.A.. Communication by means of a telephone call to the User's telephone number, when the User has been previously informed by PAVIGESA. PAVIMENTOS DEL GENIL, S.A..; 8 By means of pop-up messages sent during the provision of the Services by PAVIGESA. PAVIMENTOS DEL GENIL, S.A.. to the User. In this regard, all Notifications made by the User to the PAVIGESA. PAVIMENTOS DEL GENIL, S.A.. to the User shall be considered to have been validly made if they have been made using the data and by the means indicated above. To these effects, the User declares that all the data provided by him/her are true and correct, and undertakes to communicate to PAVIGESA. PAVIMENTOS DEL GENIL, S.A. all changes relating to the notification data.
11. WITHDRAWAL AND SUSPENSION OF PAVIGESA SERVICES. PAVIMENTOS DEL GENIL, S.A.
It may withdraw or suspend at any time and without prior notice the provision of the Services to those Users who fail to comply with the provisions of this Legal Notice.
12. APPLICABLE LAW
This Legal Notice is governed in each and every one of its aspects by Spanish law. Any type of litigation, discrepancy, question or claim resulting from the execution or interpretation of this legal notice shall be resolved by arbitration within the framework of ARBITEC, which shall be entrusted with the administration of the arbitration and the appointment of the arbitrators in accordance with its Regulations and Statutes.
PAVIGESA. PAVIMENTOS DEL GENIL, S.A. complies with the legal requirements for service providers of the Information Society, through the Internet, having been audited and accredited by the legal firm Triagonal Abogados - Lex Grupo 9.