- LEGAL NOTICE AND ACCEPTANCE THEREOF
CARLOS PIERNAS DEL AMOR S.L., with site in Sant Vicenç de Montalt (Barcelona 08394), Carretera de Cornellà a Fogars de Tordera 33, telephone: 937913107 and fax: 937913725, with CIF number B61379483, and registered in the Registro Mercantil de Barcelona, folio 138, volume 29868, sheet B163647, first inscription, with e-mail address info@carpier.es, hereby informs users and visitors of their various websites and Internet portals (hereafter "users") of its private data protection policy (hereafter "personal data") so that users can freely and voluntarily decide whether they wish to give CARLOS PIERNAS DEL AMOR S.L. whatever personal data they are requested or which may be obtained from them when they subscribe to services offered by CARLOS PIERNAS DEL AMOR S.L. on the website or portal. CARLOS PIERNAS DEL AMOR S.L. reserves the right to modify its current policy and adapt it to legislative or jurisprudential developments, as well as industry practices.
Certain services offered to users through the website or portal are governed by separate conditions (hereafter "particular conditions") which, depending on the case, shall substitute, complete and/or alter this current Legal Notice. Before subscribing to any of those services, the user should therefore read the related particular conditions.
In addition, the use of the website of portal is likewise subject to all notices, usage regulations and instructions given to the user by CARLOS PIERNAS DEL AMOR S.L. (OWNER) which substitute, complete and/or alter this Legal Notice.
2. OBJECTIVE
By means of the website or portal, CARLOS PIERNAS DEL AMOR S.L. allows users to access and use various services and contents (henceforth "services") which the domain owner (henceforth "owner") or third parties have made available.
3. WEBSITE OR PORTAL ACCESS AND USAGE CONDITIONS
3.1. Free access and usage.
Services provided by CARLOS PIERNAS DEL AMOR S.L. are free for users. However, some of the services provided by the owner or third parties through the website or portal are subject to payment as stipulated by the related Particular Conditions.
3.2. Use of the services offered on the website should conform to the CARLOS PIERNAS DEL AMOR S.L. Anti-Spamming Policy.
Users shall abstain from the following:
(i) obtaining data for advertising purposes or sending any type of advertising, sales communications or any other sales material without prior request or consent.
(ii) mass-mailing unsolicited messages of any type;
(iii) sending unsollicited chain e-mails;
(iv) use distribution lists available through services offered in order to carry out activities mentioned in (i) and (iii) previously; (v) supply details obtained from distribution lists to third parties for whatever reason.
Users who receive unsolicited mass e-mails can report the abuse to CARLOS PIERNAS DEL AMOR S.L. by sending a message to the following e-mail address: info@carpier.es
- 4. NO LICENSE
All brands, commercial names or distinctive symbols of any type which appear on the website or portal are property of CARLOS PIERNAS DEL AMOR S.L. (owner) or third parties. Access to the site and use of its services do not give the user any rights to the aforementioned brands, commercial names or distinctive symbols.
The website contents are also intellectual property of CARLOS PIERNAS DEL AMOR S.L. (owner) or third parties. As set forth in this Legal Notice, the user's right to use this content, beyond the strictly necessary usage related to the correct use of the website and services, is not implied in any way.
5. EXCLUSION OF LIABILITY AND GUARATEES
5.1. Exclusion of guarantees and liabilities related to the operation of the website and services
5.1.1. Availability, continuity, usefulness and reliability
CARLOS PIERNAS DEL AMOR S.L. (owner) does not guarantee availability and continuous operation of the website and services. Whenever reasonably possible, CARLOS PIERNAS DEL AMOR S.L. will give advance notice of any interruptions in the operation of the website and services. CARLOS PIERNAS DEL AMOR S.L. also does not guarantee the degree of usefulness which the website and services may have for any specific activity, nor its infallibility. Specifically, although not exclusively, the owner does not guarantee that users can effectively use the website and services, access various pages on the website or those from which services are offered.
CARLOS PIERNAS DEL AMOR S.L. (OWNER) REJECTS, TO THE EXTENT ALLOWED BY CURRENT LEGISLATION, ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE RESULTING FROM THE UNAVAILABILITY OR MALFUNCTION OF THE website or portal AND SERVICES, USERS' ABUSE OF THE FUNCTIONS OF THE WEBSITE OR SERVICES, THE FALIBILITY OF THE WEBSITE AND SERVICES, AND IN PARTICULAR, THOUGH NOT EXCLUSIVELY, THE UNSUCCESSFUL ACCESS TO VARIOUS WEB PAGES ON THE SITE OR THOSE FROM WHERE SERVICES ARE OFFERED.
5.1.2. Privacy and security in using the website and services
CARLOS PIERNAS DEL AMOR S.L.(owner) does not guarantee privacy and security of those using the website and services and, in particular, does not guarantee that non-authorised third parties cannot know details related to users' activities on the website and services, including the type, conditions, characteristics and circumstances of the activities.
CARLOS PIERNAS DEL AMOR S.L. SERVICES or OWNER REJECT, TO THE EXTENT ALLOWED BY CURRENT LEGISLATION, ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE THAT COULD RESULT FROM THE KNOWLEDGE THAT NON-AUTHORISED THIRD PARTIES COULD HAVE ABOUT THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF USERS' ACTIVITIES RELATED TO THE WEBSITE AND SERVICES.
5.2. Exclusion of guarantees and liabilities for Contents
5.2.1. Quality
CARLOS PIERNAS DEL AMOR S.L. (owner) has no control and therefore cannot guarantee the absence of viruses or other elements on the website that could cause damage to your IT system (software and hardware) or to your digital documents and files stored on your computer system.
CARLOS PIERNAS DEL AMOR S.L. (OWNER) REJECTS, TO THE EXTENT ALLOWED BY CURRENT LEGISLATION, ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE WHICH MAY RESULT FROM THE EXISTENCE OF A VIRUS OR OTHER ELEMENTS IN THE WEBSITE'S CONTENTS THAT COULD DAMAGE USERS' COMPUTER SYSTEMS, DOCUMENTS OR FILES.
5.2.2. Lawfulness, reliability and usefulness of contents not guaranteed.
CARLOS PIERNAS DEL AMOR S.L. (OWNER) REJECTS, TO THE EXTENT ALLOWED BY CURRENT LEGISLATION, ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE WHICH MAY RESULT FROM TRANSMISSION, DIFUSSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE WEBSITE'S CONTENTS, AND IN PARTICULAR, THOUGH NOT EXCLUSIVELY, FOR DAMAGES THAT MAY BE DUE TO:
(A) BREAKING THE LAW, MORAL STANDARDS AND GENERALLY ACCEPTED GOOD CUSTOMS, AS WELL AS PUBLIC ORDER, BY TRANSMITTING, DIFFUSING, STORING, DUMPING, RECEIVING, OBTAINING OR ACCESSING CONTENTS;
(B) BREAKING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, BUSINESS CONFIDENTIALITY, CONTRACTUAL AGREEMENTS OF ANY TYPE, THE RIGHT TO PERSONAL DIGNITY, PERSONAL AND FAMILY PRIVACY, PERSONAL REPUTATION, AS WELL AS PROPERTY RIGHTS AND OTHER RIGHTS AFFECTING A THIRD PARTY AS THE RESULT OF TRANSMITTING, DIFFUSING, STORING, DUMPING, RECEIVING, OBTAINING OR ACCESSING CONTENTS;
(C) ENGAGING IN UNFAIR COMPETITION AND ILEGAL ADVERTISING RESULTING FROM TRANSMITTING, DIFFUSING, STORING, DUMPING, RECEIVING, OBTAINING OR ACCESSING CONTENTS;
(D) LACK OF CONTENTS' VERACITY, ACCURACY, EXHAUSTIVENESS, APPROPRIATENESS AND/OR RELEVANCE OF CONTENTS;
(E) THE ILLEGITIMATE USE OF CONTENTS FOR ANY OTHER PURPOSE AND THE UNMET EXPECTATIONS CREATED BY CONTENTS;
(F) IN RELATION TO CONTRACTUAL OBLIGATIONS WITH THIRD PARTIES AND THIRD-PARTY CONTRACTS RELATED TO CONTENT ACCESS, THE FAILURE TO EXECUTE, DELAY, UNACCEPTABLE PERFORMANCE OR TERMINATION FOR ANY REASON ON THEIR PART;
(G) ANY TYPE OF CORRUPTION OR DEFECTIVENESS IN THE CONTENTS TRANSMITTED, DIFFUSED, STORED, DUMPED, RECEIVED, OBTAINED, ACCESSED OR OBTAINED ON THE WEBSITE OR SERVICES.
5.2.3. Veracity, accuracy, exhaustiveness and relevance
CARLOS PIERNAS DEL AMOR S.L. (owner) does not guarantee the veracity, accuracy, exhaustiveness and relevance of the contents.
CARLOS PIERNAS DEL AMOR S.L. (owner) REJECTS, TO THE EXTENT ALLOWED BY CURRENT LEGISLATION, ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE WHICH MAY RESULT FROM THE LACK OF VERACITY, ACCURACY, EXHAUSTIVENESS AND/OR RELEVANCE OF THE CONTENTS.
5.3. Exclusion of guarantees and liabilities for services offered to third parties through the website
5.3.1. Quality
CARLOS PIERNAS DEL AMOR S.L. (owner) does not control or guarantee the absence of viruses or other elements in the services offered by third parties through the website, which could damage your IT system (software and hardware) or your documents and files stored on your computer system.
CARLOS PIERNAS DEL AMOR S.L. (OWNER) REJECTS, TO THE EXTENT ALLOWED BY CURRENT LEGISLATION, ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE THAT MAY RESULT FROM THE EXISTENCE OF OTHER HARMFUL ELEMENTS IN THE SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE, WHICH COULD DAMAGE USERS' COMPUTER SYSTEMS, DOCUMENTS OR FILES.
5.3.2. Lawfulness, reliability and usefulness
CARLOS PIERNAS DEL AMOR S.L. (owner) does not guarantee the lawfulness, reliability and usefulness of the services provided by third parties through the website.
CARLOS PIERNAS DEL AMOR S.L. (OWNER) REJECTS ANY RESPONSIBILITY FOR DAMAGES OF ANY NATURE RESULTING FROM SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE AND, IN PARTICULAR, THOUGH NOT EXCLUSIVELY, FOR THE DAMAGES RESULTING FROM:
(A) BREAKING THE LAW, MORAL STANDARDS AND GENERALY ACCEPTED ETHICAL CONDUCT RESULTING FROM SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE;
(B) BREAKING INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS, BUSINESS CONFIDENTIALITY, CONTRACTUAL AGREEMENTS OF ANY TYPE, THE RIGHT TO PERSONAL DIGNITY, PERSONAL AND FAMILY PRIVACY, PERSONAL REPUTATION, AS WELL AS PROPERTY RIGHTS AND OTHERS AFFECTING A THIRD PARTY RESULTING FROM SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE;
(C) ENGAGING IN UNFAIR COMPETITION AND ILEGAL ADVERTISING RESULTING FROM SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE;
(D) LACK OF VERACITY, ACCURACY, EXHAUSTIVENESS, APPROPRIATENESS AND/OR RELEVANCE OF CONTENTS TRANSMITTED, DIFFUSED, STORED, DUMPED, RECEIVED, OBTAINED, ACCESSED OR OBTAINED BY THIRD PARTIES ON THE WEBSITE;
(E) THE ILLEGITIMATE USE OF CONTENTS FOR ANY OTHER PURPOSE AND THE UNMET EXPECTATIONS CREATED BY SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE;
(F) IN RELATION TO CONTRACTUAL OBLIGATIONS WITH THIRD PARTIES AND THIRD-PARTY CONTRACTS RELATED TO SERVICES OFFERED THROUGH THE WEBSITE, THE FAILURE TO EXECUTE, DELAY, UNACCEPTABLE PERFORMANCE OR TERMINATION FOR ANY REASON ON THEIR PART;
(G) ANY TYPE OF CORRUPTION OR DEFECTIVENESS RELATED TO SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE .
5.4. Exclusion of guarantees and liabilities for information, content and services outside the website
The website contains linking elements (such as links, banners and buttons), directories and search tools that allow users to access websites belonging to and managed by third parties (henceforth, "linked sites"). The incorporation of these links, directories and search tools to the website is intended to make it easy for users to search and access information, contents and services available on the Web.
The search results provided by the search tools are supplied directly by third parties, resulting from the automatic processes of technical mechanisms. CARLOS PIERNAS DEL AMOR S.L. (owner) therefore cannot control and does not control these search results and, in particular, any referenced websites with content judged ilegal, contrary to accepted moral conduct or deemed inappropriate for any other reason. In the event that a user considers that one of the websites included in the search results contains ilegal activity or information and would like to request the deletion of the link can do so by following the procedures detailed in the seventh clause ofr this Legal Notice.
CARLOS PIERNAS DEL AMOR S.L. (owner) does not offer or sell, neither personally nor through third parties, any contents and services available on the linked sites. The sites are not previously controled, approved, recommended, guarded or appropriated. The user is encouraged to excercise prudence in evaluating and using the information, contents and services available in the linked sites.
CARLOS PIERNAS DEL AMOR S.L. (owner) DOES NOT GUARANTEE OR ASSUME ANY TYPE OF RESPONSIBILITY FOR DAMAGES OF ANY TYPE THAT MAY BE DUE TO THE FOLLOWING:
(A) THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES;
(B) MAINTENANCE OF INFORMATION, CONTENT AND SERVICES OF THE LINKED SITES;
(C) PRESENTATION OR TRANSFER OF INFORMATION, CONTENTS AND EXISTING SERVICES IN THE LINKED SITES;
(D) THE QUALITY, LAWFULNESS, RELIABILITY AND USEFULNESS OF THE LINKED SITES' INFORMATION, CONTENTS AND SERVICES, IN THE SAME TERMS AND WITH THE SAME SCOPE AS GENERAL CONDITION 5.2 AND 5.3 IN RELATION TO THE CONTENTS AND SERVICES PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE.
5.5. Exclusion of guarantees and liabilities related the use of the website, services and contents
CARLOS PIERNAS DEL AMOR S.L. (owner) is under no obligation to control and does not control the use made of the website, services and contents. Specifically, CARLOS PIERNAS DEL AMOR S.L. (owner) does not guarantee that people will use the website, services and contents in keeping with the terms of this Legal Notice and with the applicable particular conditions, or that they will do so exercising due diligence and prudence. CARLOS PIERNAS DEL AMOR S.L. (owner) is not under any obligation to verify and does not verify the user identities or the veracity, relevance, exhuastiveness and/or authenticity of the data they offer about themselves to other users.
CARLOS PIERNAS DEL AMOR S.L. (OWNER) IS NOT RESPONSIBLE FOR DAMAGES OF ANY TYPE RELATED TO THE USE OF SERVICES AND CONTENTS OR THAT MAY BE DUE TO THE LACK OF VERACITY, RELEVANCE, THOROUGHNESS AND/OR AUTHENTICITY OF THE DATA THAT USERS PROVIDE TO OTHER USERS ABOUT THEMSELVES, IN PARTICULAR, THOUGH NOT EXCLUSIVELY FOR DAMAGES OF ANY TYPE THAT COULD BE DUE TO IDENTITY THEFT CARRIED OUT BY A USER IN ANY MEANS OF COMMUNICATION CARRIED OUT THROUGH THE WEBSITE.
6. PROTECTION OF PRIVATE DETAILS
CARLOS PIERNAS DEL AMOR S.L. (OWNER) has adopted all legally required security measures to ensure security of personal data, and seeks to install additional technical protection methods. Nevertheless, the user should be aware that Internet security measures are not 100% impregnable.
CARLOS PIERNAS DEL AMOR S.L. (OWNER) may use cookies when a user navigates through the website's pages. The cookies that can be used on the website's pages are limited to identifying computers' IP addresses (an anonymous user) and does not in itself provide the name and surnames of the user. Thanks to these cookies, CARLOS PIERNAS DEL AMOR S.L. (OWNER) is able to recongnise registered users' IP addresses once they have registered for the first time, so they don't have to register each time they visit the website to access the areas and services reserved exclusively for them. The cookies utilised are not able to read cookie files created by other providers. Users have the means of configuring their search engine so they are warned on screen every time they receive cookies and to prevent the installation of cookies on their hard drive. Please consult the web browser instructions and manuals for further information. Allowing the download of cookies sent by CARLOS PIERNAS DEL AMOR S.L. (owner) is not a prerequisite for using the webiste, but in such cases users will have to register every time they access services that require prior registration.
The cookies used on the website's pages can originate from CARLOS PIERNAS DEL AMOR S.L. (OWNER), in which case they come from their various servers or from suppliers' third party servers on behalf of CARLOS PIERNAS DEL AMOR S.L. (OWNER), as in, for example, the cookies used for advertising or specific contents which permit the user to visualise advertising or other contents in a predetermined timing, rate and method. As long as the user does not choose the option to reject the installation of cookies on the hard drive, he or she will be able to explore the hard drive by following the instruction manual and operating system help menu (normally, in Windows operating systems, users would check the "C" drive or the section of the disk corresponding to "/Windows/Cookies") to know in greater detail from which servers the cookies are being downloaded.
7. PROCEDURES IN THE EVENT OF ILEGAL ACTIVITIES
If a user or third party considers that there are facts or circumstances pointing to ilegal use of content and/or the execution of any activity on the website pages or those accesible from it, and, in particular, the violation of intellectual or industrial rights (patents, industrial models and drawings, brands and brand names, etc.) or other rights, a notification should be sent to CARLOS PIERNAS DEL AMOR S.L. (OWNER) specifying the following details:
(a) personal details of person issuing the claim: name, address, phone number and e-mail address;
(b) description of the alleged ilegal activity carried out on the website and, in particular, in the event of an alleged rights violation, precise and concrete indication of the protected contents and their location on the website;
(c) facts or circumstances that demonstrate the ilegal nature of the activities,
(d) in the event of rights violation, signature of property holder whose rights have been allegedly infringed, together with his or her personal details or the details of the person with power of attorney;
(e) clear and deliberate declaration by the person issuing the claim, under his or her responsibility, establishing that the report is exact and the described use of content or activities is indeed illegitimate.
8. NOTIFICATIONS
All users' notifications and communication (henceforth "notifications") with CARLOS PIERNAS DEL AMOR S.L. (OWNER) will be deemed effective for all purposes when they are addressed to the Customer Service group by any of the of the following means:
(a) Postal correspondence to the following address: Carpier S.L.
Ctra de Cornellà a Fogars de Tordera, 33 08394 SANT VICENÇ DE MONTALT
(b) By telephone: 93.791.31.07
(d) E-mail correspondence to the following address: info@carpier.es
All notifications from CARLOS PIERNAS DEL AMOR S.L. (OWNER) to the user shall be deemed effective for all purposes when they are communicated in any of the following means:
(a) Correspondence by post address to the user's residence in the event that it has been previously communicated to CARLOS PIERNAS DEL AMOR S.L. (OWNER);
(b) E-mail correspondence to any of the e-mail addresses that the user may have on file for any other service provided by CARLOS PIERNAS DEL AMOR S.L. (OWNER) to the user;
(c) Telephone communication to the user's telephone in the event that it has been previously communicated to CARLOS PIERNAS DEL AMOR S.L. (OWNER)
(d) By messages that may emerge in the course of services offered by CARLOS PIERNAS DEL AMOR S.L. (OWNER) to the user.
All communication on the part of CARLOS PIERNAS DEL AMOR S.L. (OWNER) to the user shall be deemed effectively rendered when any of the previously mentioned communication means are employed. To this effect, the user guarantees that all data provided by him or her are true and correct. The user further agrees to communicate all changes related to contact details to CARLOS PIERNAS DEL AMOR S.L. (OWNER).
9. SERVICE SUSPENSION AND INTERRUPTION
CARLOS PIERNAS DLE AMOR S.L. (OWNER) may interrupt or suspend services at any moment and with no need for previous notification to users who do not comply with the terms of this Legal Notice.
10. DURATION AND TERMINATION
The website and other services provided are offered initially for an indefinite period of time. CARLOS PIERNAS DEL AMOR S.L. (OWNER), nevertheless, is authorised to terminate or suspend the website and other services provided at any moment, notwithstanding what may be specified on the subject in the Particular Conditions. If at all possible, CARLOS PIERNAS DEL AMOR S.L. SERVICES OR OWNER will inform the user prior to the termination or suspension of the website and other services.
11. APPLICABLE LAWS
This Legal Notice is regulated in each and every one of its elements by Spanish Law 34/2002, OF 11 JULY, GOVERNING INFORMATION SERVICES AND ELECTRONIC COMMERCE. ( LSSI-EC)
Thank you for your attention. CARLOS PIERNAS DEL AMOR S.L.
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