In this document the General Conditions of Use are established for USERS accessing the website www.ventaneumaticos.com, property of Pneumàtics Perelló SL(from now on known as Pneumàtics Perelló), CIF: B17084641, address: C/ Mas Falgas, 8, 17180 Vilablareix. Access to the webpage www.ventaneumaticos.com entails the acceptance of these General Conditions of Use.
1. INFORMATION REQUIRED FOR CONTRACTS, CONDITIONS OF CONTRACT, ACCEPTANCE OF THE CONTRACTING PARTY, DOCUMENTATION AND INFORMATION REQUIRED IN THE FOLLOWING PERIOD.
The Conditions of General Use set out here, as well as the General Conditions of Contract, pertaining to the various services available to the user on Pneumàtics Perelló's webpage, can always be found at http://www.ventaneumaticos.como (property of Pneumàtics Perelló). Any user may keep and print these documents, and thereby be acquainted beforehand with our website's general conditions of use, as well as the conditions of contract whereby various services may be provided. As regards the products added over time to the shopping cart, Pneumàtics Perelló will send an invoice along with a description of the product or products and their prices (with tax breakdowns if applicable) to the email address provided at the time of registration only when the purchase has been made. In addition, the CONTRACTING PARTY will always have access, via that secure page, to the General Conditions set out here and to all those General Conditions of Contract pertaining to the various services of offer, as well as those pertaining to specific retail services they have contracted, the duration of their validity, and the accompanying invoices. Any further modifications made to the General Conditions and General Conditions of Contract set out here will be made available on an easy-access page of our website (http://www.ventaneumaticos.com). All documents referred to here may be printed and kept by the CONTRACTING PARTY, who may request them at any time via email using the contact form.
2.THE PURPOSE OF OUR WEBSITE www.ventaneumaticos.com
The webpage owned by Pneumàtics Perelló was created in order to connect with the wider world of cars and motorbikes.
3.CONDITIONS OF USE AND ACCESS
Use of our webpage www.ventaneumaticos.como does not require the registration of the USER, and is only necessary for contracting services via the provision of certain information on the USER registration form, where the General Conditions of Use set out here (see the first clause of Conditions) will also appear. Conditions of Use and Access pertaining to Pneumàtics Perelló's webpage are drawn up in strict accordance with current law and in good faith, thus obliging the USER to make proper use of that website. Any action in violation of the law, rights or interests of third parties, including the right to privacy, protection of data and intellectual property, is therefore prohibited. Pneumàtics Perelló expressly prohibits the following:
- Anything that might harm Pneumàtics Perelló's systems or third parties via the website or any other entity using that website.
- Any kind of commercial advertising, be it direct or anonymous, without the necessary authorisation, the sending of mass emails (spamming) or of long messages designed to block network services (mail bombing). Pneumàtics Perelló is notified by various impartial organisations against these sorts of practices when a user or CONTRACTING PARTY of Pneumàtics Perelló sends out mass unwanted emails resulting in damage to Pneumàtics Perelló's reputation. Should Pneumàtics Perelló be notified of such actions, the CONTRACTING PARTY will be informed and asked to refrain from these practices immediately. Pneumàtics Perelló will not try to ascertain whether the email addresses spammed by the CONTRACTING PARTY were obtained with the consent of those people, but will take action as soon as notification is received from any one of those organisations fighting such practices. These organisations receive complaints from people who have been spammed, and if the CONTRACTING PARTY does not cease such practices Pneumàtics Perelló will immediately cancel the service being provided and dissolve all contracts whilst reserving the right to take the necessary legal action to defend its interests. In addition, the use of programmes designed to cause problems in the network are expressly prohibited. Attempts to test the security of servers via any action which is not strictly necessary to the user's needs are also prohibited. Pneumàtics Perelló reserves the right to block access to its webpage at any time if any activity is detected which goes against the law, good faith or the general conditions set out here (see the seventh clause).
The contents of Pneumàtics Perelló's website have been drawn up by:
- The company Pneumàtics Perelló itself, using internal and external sources, to the extent that Pneumàtics Perelló alone takes responsibility for the contents which have been drawn up internally.
- The USERS who, through collaboration or voluntary provision of information, take full responsibility for that information, while Pneumàtics Perelló remains exempt from any responsibility that may have to be taken for that information.
- Individuals and corporate persons unrelated to Pneumàtics Perelló, be it through contributions directly uploaded to the website or through links to other pages, who take full responsibility for the contents provided, while Pneumàtics Perelló remains exempt from all resulting responsibility.
Pneumàtics Perelló cannot guarantee the accuracy or validity of the contents relating to the services offered by third parties outside the company and remains strictly exempt from any kind of responsibility for possible damages caused by errors in the services these third parties may offer. Any USER wanting to include a link to Pneumàtics Perelló's website on their own webpage agrees not to indulge in the illegal use of the information, services and products available on that website. Any USER including such a link agrees to the following:
- The contents, services and products available to the USER on Pneumàtics Perelló's website will not be harmed, destroyed or altered in any way.
- Pneumàtics Perelló cannot be declared responsible for the monitoring of that link or of the contents of a webpage belonging to a USER who chooses to include a link to Pneumàtics Perelló's website on their page. Pneumàtics Perelló will not be held responsible in any case for the contents or services on a USER's webpage which might contain a link to Pneumàtics Perelló website.
- No brand, commercial name or distinctive sign belonging to Pneumàtics Perelló may be included on a USER's page without the express authorisation of the company.
5.RESPONSIBILITIES: Pneumàtics Perelló
5.1 Connection errors and unforeseen circumstances: Pneumàtics Perelló cannot be held responsible for errors, access delays, system delays, or any anomaly which may appear due to general problems with the network, unforeseen circumstances or any other eventuality which could not have been predicted and is therefore in opposition to the good faith of the company. Pneumàtics Perelló agrees to address these issues by making available to the USER all tools and support necessary for a speedy and satisfactory resolution of these issues. In addition, Pneumàtics Perelló cannot be held responsible for any faults in communication, cancellations or incomplete actions which may be caused by these issues, and cannot guarantee that the website will be in full working order at any given time if the problem cannot be traced back to Pneumàtics Perelló or cannot be resolved with the tools available to us.
5.2 Use of the website: Pneumàtics Perelló cannot in any case be held responsible for the errors or damage caused by poor use of our services by the CONTRACTING PARTY. Nor will Pneumàtics Perelló be held responsible for any consequences resulting from a lack of communication between Pneumàtics Perelló and the CONTRACTING PARTY which can be traced back to a breakdown in the messaging service or to a mistake in the personal information provided by the CONTRACTING PARTY on the user registration page, which can be found at: www.ventaneumaticos.com.
5.3 Responsibility: Pneumàtics Perelló assumes responsibility for its services within the limits set out in the various General Conditions of Contract pertaining to the services available to the USER.
Should a product be faulty, Pneumàtics Perelló will repair, replace, offer a discount or dissolve the contract at no cost to the consumer and user. Pneumàtics Perelló will attend to reports of faults provided that they are reported within two years of the delivery. The consumer and user must inform the seller of the fault within two months of knowing of its existence.
7.RESPONSIBILITY OF THE USER
7.1 Proper use of services: The USER is obliged to user our services properly and not in bad faith for any practice prohibited by law or disallowed for commercial use. Pneumàtics Perelló is authorised by way of the General Conditions of Use set out here to make such circumstances known to the relevant authorities and unregister the USER or restrict their access to Pneumàtics Perelló's webpage as soon as there is reason to believe that the USER has acted illegally. The USER alone will take responsibility in the case of any legal, judicial or extra-judicial claims or action set in motion by third parties harmed directly by the USER before a Court of Law or other bodies, with the USER assuming all the costs which, if pursued, may be incurred by Pneumàtics Perelló if any claim is directed against the company. In addition, Pneumàtics Perelló will collaborate with and report to the relevant authorities such incidences whenever there is reason to believe that the damage caused constitute any kind of illegal activity, particularly with regards to any content provided by the USER that may threaten the rights or lawful interests of Pneumàtics Perelló or of third parties.
7.2 Safe-guarding important information: The USER takes responsibility for the security and confidentiality of all passwords used to access their personal page which are given at the time of registration. In order to contract the various services on offer these passwords must be kept safe, so that access is blocked to unauthorised third parties.
7.3 Care must be taken: The USER is responsible for undertaking all required activities with the necessary care and attention, and must ensure that all personal information is up to date and accurate, particularly the email address provided on the USER registration form, this being the principal form of contact with Pneumàtics Perelló – see the seventh clause of Conditions.
8.1 Pneumàtics Perelló and the USER agree to notify one another of any issue which may arise over the given period of validity of the various services that may be contracted, preferably via email over any other form of communication. The email address for Pneumàtics Perelló in this instance will be email@example.com and the CONTRACTING PARTY's email address will be the one provided on Pneumàtics Perelló's user registration form at www.ventaneumaticos.com. The USER agrees to actively use this email address and to change it from their personal account if necessary so as to continue receiving communication. In any case, if any urgent problem or fault were to occur with that method of communication, contact would be made via telephone, fax, post or any other system fit for purpose. However, the preferred form of contact is email, with Pneumàtics Perelló remaining exempt from all responsibility that may arise from a lack of enquiry or a mistake in the email address provided by the USER. Both parties will be responsible for safe-keeping the copies of any communication.
9.COPYRIGHT AND PATENTING
Pneumàtics Perelló is a registered trademark. It is against the law to use Pneumàtics Perelló's brand in any way, including the name as well as the logo, without the express consent of Pneumàtics Perelló. All rights are reserved. Moreover, Pneumàtics Perelló's website -content, programming and web design- is fully protected by copyright law, with all reproductions, communication, distribution and alteration of those protected elements prohibited by law, except in the case of express consent given by Pneumàtics Perelló.
10.JURISDICTION AND APPLICABLE LAW
The General Conditions set out here are governed by Spanish legislation. They are subject to the Law of 7/1988, 13th April, on the General Conditions of Contract; the Law of 26/1984, 19th July, for the Rights of Consumers and Users; the Royal Decree of 1906/1999, 17th December 1999, whereby the Contract for Telephone and Electronic Communication is laid out with general conditions; the Constitutional Law of 15/1999, 13th December, on the Protection of Personal Data; the Law of 7/1996, 15th January on Retail and Commerce, and the Law of 34/2002, 11th July on Information Services and Online Business. Any conflict arising from the general conditions set out here will be resolved in the Courts of Law in the country where the CONTRACTING PARTY is resident, assuming that the claim is made as consumer. Otherwise, it will be taken to the Courts of Law of Girona, with the CONTRACTING PARTY renouncing any other legal status which may have applied.
Additionally, as a member of ONLINE TRUST and in the terms laid out in its Code of Conduct, in the case of conflicts regarding online contracts and advertising, data protection, protection of minors and accessibility, the user can access the system of extrajudicial conflict resolution at ONLINE TRUST (www.confianzaonline.es).”
Should any clause in this document be declared invalid, the other clauses will remain valid and will be interpreted with an understanding of the wishes of all parties and of the purpose of the conditions set out here. This contract is drawn up in Spanish only. Pneumàtics Perelló may choose not to exercise any one of the rights or authorities outlined in this document, which would in no way imply their renunciation, without the express recognition of that fact by Pneumàtics Perelló.