Garmol General Terms and Conditions

1.- OBJECT.

These general conditions (hereinafter General Conditions) regulate the access and use of the Website under the domain www.garmol.com (hereinafter Website), owned by ‘JAIME GARCÍA MOLL, S.L.’ (hereinafter GARMOL), made available to users (hereinafter User/s).

If you have any doubts or queries related to the use and access to the Website or these General Terms and Conditions, you can send an e-mail with your request and contact details to garmol@garmol.com. You can also contact us by ordinary mail, addressing your request and contact details to ‘GARMOL’, Pda. Madrigueres Sud, 19 A – Apdo. Correos 221 – 03700 Dénia (Alicante).

2.- IN ACCORDANCE WITH THESE GENERAL CONDITIONS.

The use of the Website implies full acceptance by the User of all the General Conditions 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 General Conditions carefully each time he/she intends to use the Website.

In any case, GARMOL reserves the right to modify, without prior notice and at any time, these General Conditions, as well as their configuration, location and any other general or specific terms, regulations for use, instructions or notices that may be applicable. Likewise, GARMOL reserves the right to suspend, interrupt or cease to operate the Website at any time.

By ‘use of the Website’, we mean all Users who access and browse the Website, regardless of whether 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.

GARMOL 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 Users in all cases.

3.1- Access and Use of the Website.

Unless otherwise stipulated, the 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 these General Conditions, 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, you 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 GARMOL, its suppliers, its distributors, other Users or any third party in general.

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 to use the Website:

  1. Not to enter, store or disseminate on or from the Website, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination on grounds of race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and in general the current regulations.
  2. Not to introduce, store or disseminate through the Website any computer program, data, virus, code or any other electronic or physical instrument or device that may cause damage to the Website, any of the services, or any of the equipment, systems or networks of GARMOL of any User, GARMOL Suppliers or Distributors or in general of any third party, capable of causing any type of alteration or preventing the normal operation of the same.
  3. Not to enter, store or disseminate through the Website any content that infringes the intellectual or industrial property regulations or the rights of third parties, or in general any content that it does not hold, in accordance with the law, the right to make 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.

GARMOL 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 General Conditions 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 activities of a commercial or professional nature. 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 shall at all times respect all intellectual and industrial property rights over the Website, owned by GARMOL or third parties.

5.- EXCLUSION OF GUARANTEES AND LIABILITY.

5.1.- Exclusion of Guarantees and Liability for the operation of the Website.

GARMOL does not guarantee the availability and continuity of the operation of the Website and the services or Contents offered therein, nor that the contents of the Website are up to date, and shall not be liable for any damages of any nature that may arise from such circumstances.

GARMOL shall 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 correcting the errors, re-establishing communication and/or updating the aforementioned contents.

Furthermore, GARMOL 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, GARMOL shall not be held responsible for any possible errors or security deficiencies that may occur due to the use by the user of a browser with an outdated 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 viruses being introduced into the Website, GARMOL uses virus detection programmes to control all the Contents introduced into the Website. However, GARMOL does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to GARMOL 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, GARMOL shall in no case be liable for any damages of any kind that may arise 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.

GARMOL adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, GARMOL does not guarantee that unauthorised third parties may 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, GARMOL shall in no case be liable for any damages that may arise from such unauthorised access. GARMOL shall not be liable 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 the Contents.

GARMOL does not edit the Contents of third parties published on the Website and, consequently, does not guarantee or accept responsibility for the lawfulness, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of said Contents, nor for the Contents owned by GARMOL. GARMOL shall in no case be liable for any damages that may arise from:

  1. The lack of legality, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and their own.
  2. The unsuitability for any purpose and the disappointment of the expectations generated by the Contents.
  3. Decisions or actions taken or avoided by the user in reliance on the information or data provided or provided in the Content, including without limitation lost profits or business opportunities.

6.- HYPERLINKS

Persons intending to establish hyperlinks between their web page and the Website must observe and comply with the following conditions:

  1. Prior authorisation shall not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any way. Any other form of Hyperlink shall require the express and unequivocal written authorisation of GARMOL.
  2. The web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
  3. The website on which the Hyperlink is established shall not contain information or content that is unlawful, contrary to morality and generally accepted good customs and public order, nor shall it contain content that is contrary to any third party rights.
  4. GARMOL 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.

GARMOL reserves the right to take any action available at law to demand the liabilities arising from the breach of any of the provisions of these General Terms and Conditions of the Website by a user.

8.- OTHER PROVISIONS.

GARMOL may request the location of the User in order to display certain contents of the Website.

9.- 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.

10.- APPLICABLE LAW AND JURISDICTION.

These General Conditions 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 General Conditions of the Website, the parties submit, expressly renouncing to any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts and Tribunals of the city of Denia.