GENERAL CONDITIONS OF USE OF Empresa Sagalés S.A. website. (www.sagales.com)
Empresa Sagalés S.A. (from now on Sagalés), sited at Plaça Tetuan, 30, entl. 1, CTC A-08005696, represented by Francisco Sagalés Sala, CTC 37.607.156-V, offers in its website www.sagales.com (and in subsites and dominions related) specific informative contents on its activities.
The current general conditions rule exclusively the use of Sagalés website by the USERS who access it. The current general conditions are shown to the USER at the website www.sagales.com in every page of the website so that they may be read, printed, archive and accepted via Internet, and the USER is not entitled to introduce his data without having proceeded to its reading and lawful consent. In some forms express acceptance of these conditions will be asked for.
Empresa Sagalés, S.A., is registered at the Registro Mercantil de Ins. Reg. Merc. in Barcelona, sheet number 20702, 179, 345, of the Libro de Sociedades from 30-8-1941
The access to Sagalés website implies without restrictions the acceptance of the current general conditions of use that the USER states to understand wholly. The USER compromises not to use the website and services offered in it for activities against the law and to always abide to the present general conditions.
FIRST.- Sagalés website has been carried out, on the one hand, to show third parties information on its activities and grant contact of those with Sagalés to ask for additional information. On the other hand, to give the users the chance to buy the offered products. The application of services or articles offered for its purchase at the website will be determined by the specific contract general conditions.
SECOND.- CONDICIONS OF USE AND ACCESS
2.1.- The use of Sagalés website does not imply the USER is obliged to register, except for the case this one wishes to use the database of articles existing at www.sagales.com, where registration is needed by means of filling a standard form. This subscription will be determined by the specific general conditions. The conditions of use and access of the current website are strictly determined by the current law and by the principle of good will, being the USER compromised to make good use of the website. All acts against the law, rights or interest of third parties are prohibited: right to privacy, data protection, intellectual property, etc. Sagalés precisely prohibits the following actions:
2.1.1.- Carry out activities that may produce in the website or through the website any kind of harm to Sagalés systems or to third parties.
2.1.2.- Carry out without due authorization any kind of advertising or commercial information in a directo r hidden way, spamming actions or sending massive messages with the intention to block network servers (mail bombing.)
2.2.- Sagalés is entitled to interrupt any time the access to its website if it detects uses against the law, good will or the current general conditions -see clause number five.
THIRD.- CONTENTS. The contents incorporated in this website have been elaborated and included by:
3.1.- Sagalés, by means of using internal and external sources in a way that only Sagalés is responsable for the contents elaborated internally.
3.2.- Third parties alien to Sagalés, by means of direct cooperation in the website or present through hyperlinks or links to other websites or news from other websites not belonging to Sagalés. Sagalés isn't at any case responsible for the contents thus introduced and does not guarantee the proper execution of all these links or hyperlinks. The USER who wishes to establish a hyperlink in its website referring to Sagalés website won't at any case make an ilegal use or contrary to the good will of informations given in the referred website.
3.3.- Sagalés keeps the right to modify at any time whatever contents published in its website.
4.1 Sagalés isn't at any case responsable for:
4.1.1.- Failures or problems related to communications, erasure or incomplete transmissions. Therefore, it is not guaranteed that services of the website are operational in a permanent way.
4.1.2.- Causing any damages that the USERS or third parties may provoke to the website.
4.2.- Sagalés keeps the right to suspend without previous warning the access in a discretional way and permanent or temporarily until the effective responsibility of damages caused is determined. Besides, Sagalés will cooperate and notify to the corresponding authorities these problems at the very momento it has truthful knowledge that damages caused may constitute facts of illicit activity.
FIFTH.- ROYALTIES. Sagalés is a trademark. It is absolutely prohibited the alien use of Sagalés's trademark, which includes both the name and the logo, except for the cases authorized by Sagalés. Besides, Sagalés's website -own contents, website design and programming- are lawfully protected by royalties, being absolutely prohibited any kind of reproduction, communication, distribution and transformation of the referred protected elements except for the cases authorized by Sagalés.
SIXTH.- JURISDICTION AND APPLICABLE LAW.- The present general conditions are ruled by the Spanish jurisdiction. The courts of Barcelona are competent to solve any controversy or conflict stemming from the present general conditions, thus the USER relinquish whatever other jurisdictions that may correspond.
SEVENTH: In case that any clause of the present document be declared void, the remaining clauses will remain valid and will be interpreted taking into account the will of the parties and the inner goal of the present conditions. Sagalés won't be able to exert any of the conferred rights or faculties by this document, but this fact won't imply in any case to relinquish to those except for the cases duly acknowledged by Sagalés.
Protection of Personal Data (LOPD)
According to the article 5 of the Ley Orgánica 15/1999, December 13th, of Protection of Personal Data (LOPD), Sagalés informs that personal data will be incorporated to a file owned by Empresa Sagalés S.L., with the intention of assuring the correct execution of the services the user wishes to contract.
The user authorizes Sagalés to, in the extent of its activities, use his data for promotional purposes, including the delivery of commercial communications by email. This authorization will have the status of revocable with no retroactive effects.
Sagalés guarantees to all people concerned whose data are object to treatment according to the abovementioned that has undertaken all the appropriate safety measures related to the data given and, besides, that all possible means and technical measures have been installed to avoid the loss, bad use, alteration, non authorized access or theft of the given data. People concerned may, any time, exert their rights contemplated in the LOPD, to access, modify, cancel and oppose regarding those data. The execution of those rights may be carried out by the person concerned, by means of the management section in the website, via login and personal password in order to have access and verification or addressing in that respect to Sagalés, by means of a written text sent to the following fax number +34.935931216, attaching photocopy of ID card of the concerned person.
The user may access his data and require, at any time, a copy of the data owned by Sagalés for its verification, modification or update. The user certifies that the information consigned in the registration form is true and complete. At the same time, the user accepts that he /she is the only responsible for keeping this information updated.