I. INFORMATION ABOUT THE INFORMATION SOCIETY SERVICE PROVIDER
The Internet Web Site hellermaquinaria.com is owned and managed by HELLER MÁQUINA-HERRAMIENTA SL, whose details for the purposes of compliance with the obligations contained in Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (“LSSI”), are as follows:
Company name: HELLER MÁQUINA-HERRAMIENTA SL
Registered office: C/ Nicolás de Bussi, 44, 03203 Elche (Alicante) España
Data of inscription in the Mercantile Registry of Alicante, Volume 2938, Folio 77 and Page A-92532
Tax Identification Code number: B-54013032
E-mail address: info@hellermaquinaria.com
II. GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF OUR WEBSITE.
These are the general conditions (hereinafter “general conditions”) that regulate the access, navigation and use of the website under the domain “hellermaquinaria.com” (hereinafter Website), as well as the responsibilities derived from the use of its contents (understanding hereinafter “contents” as texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Independently of these, HELLER MÁQUINA-HERRAMIENTA SL may establish special conditions governing the use and / or contracting of specific services offered to users through the Website.
1.- User
The use of this website gives you the status of user of the same and expresses its full and unreserved acceptance of each and every one of the General Conditions published by HELLER MÁQUINA-HERRAMIENTA SL, at the very moment you access the Web, without prejudice to the acceptance of the special conditions that may be applicable. Any use other than that authorized is expressly prohibited, being HELLER MÁQUINA-HERRAMIENTA SL, empowered to deny or withdraw access to and use of the Web, at any time and without notice to those users who violate these general conditions or special conditions, if any, are applicable.
2 .- Modifications
HELLER MÁQUINA-HERRAMIENTA SL, reserves the right to modify, unilaterally, at any time and without prior notice, these conditions, as well as the presentation, location and configuration of the Website. In these cases, they will be published and notified as far in advance as possible.
Information offered through the Web: access and use.
Through this website, HELLER MÁQUINA-HERRAMIENTA SL provides information about the company and its services. The data contained on the Web are provided to the user for information purposes only and in no case be considered as a binding offer of HELLER MÁQUINA-HERRAMIENTA SL for the performance of any service.
Access, navigation and use of the Website is the responsibility of the User, so it undertakes to diligently observe any additional instructions given by HELLER MÁQUINA-HERRAMIENTA SL regarding the use of the Website and its contents. We also ask you to inform HELLER MÁQUINA-HERRAMIENTA SL of any event of which you are aware that involves conduct contrary to law or infringes the rights of any third party.
Access to and use of the Web is free for users and does not require prior registration. However, access to and use of certain information and services offered through the Web in certain cases may only be possible after prior registration by the user.
3.4.- When it is necessary for the User to register or provide personal data in order to access any of the services, the collection and processing of the User’s personal data shall be subject to the provisions of the Privacy Policy contained on the Website.
3.5.- If, in order to use and/or contract a service on the Website, the User must register, he/she shall be responsible for providing truthful and lawful information. If, as a consequence of registration, the User is given a password, he/she undertakes to use it diligently and to keep the password secret in order to access these services. Consequently, users are responsible for the proper custody and confidentiality of any identifiers and / or passwords that are provided by HELLER MÁQUINA-HERRAMIENTA SL, and agree not to transfer its use to third parties, whether temporary or permanent, or to allow access to outsiders. The User will be responsible for the use of the services by any illegitimate third party who uses a password for this purpose as a result of non-diligent use or loss of the same by the User. It is the User’s obligation to immediately notify HELLER MÁQUINA-HERRAMIENTA SL of any event that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. Until such events are not communicated, HELLER MÁQUINA-HERRAMIENTA SL shall be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
HELLER MÁQUINA-HERRAMIENTA SL reserves the right to restrict, suspend, prohibit or terminate at any time access and / or use, all or part of the Web and all or certain users, without prior notice. In particular, HELLER MÁQUINA-HERRAMIENTA SL may temporarily suspend the services and contents of the Website in order to carry out maintenance and improvement operations. The User declares to know and accept this fact and, consequently, waives any claim against HELLER MÁQUINA-HERRAMIENTA SL for any damage or harm that may be caused for this reason.
Users who wish to establish a hyperlink, link or link between your website and the Website (the “Link”) must obtain prior authorization from HELLER MÁQUINA-HERRAMIENTA SL by submitting a request to the following email address info@hellermaquinaria.com Any third party link to this Website must be to its home page. The User shall be liable to HELLER MÁQUINA-HERRAMIENTA SL or third parties for any damages that may be caused as a result of a breach of these obligations.
4.- Restrictions on use
4.1.- The User undertakes to use the contents in a diligent, correct and lawful manner.
4.2.- The User undertakes to make use of the information or data, of whatever nature and format, and/or any of the services that may be offered on the Website from time to time (the “Contents”) in the following manner:
a) You are not authorised to reproduce or copy, distribute, modify, transfer or publicly communicate the information contained on the Website, unless you have the authorisation of the owner of the corresponding rights or it is legally permitted.
b) You are not authorised to use the information contained on the Website for direct sales purposes or for any other commercial purpose.
c) Is not authorized to remove, evade, manipulate the data identifying the rights of HELLER MÁQUINA-HERRAMIENTA SL, as well as technical protection devices such as, for example, fingerprints.
d) You are not authorised to disassemble, decompile or invert the databases in which the information on the Web is stored.
e) You are not authorised, as a consequence of using the Website, to carry out acts of “spamming” for any purpose to a number of persons without their prior request or consent, nor to send any other unsolicited or previously consented messages to a number of persons or chains of unsolicited or previously consented electronic messages, nor to use distribution lists that can be accessed through the Website.
f) You may not carry out activities that may be considered illegal, immoral or contrary to public order.
g) Do not use the Content or services included on the Web to carry out activities that may damage the image of HELLER MÁQUINA-HERRAMIENTA SL.
5.- Industrial and Intellectual Property Rights. Ownership of the contents.
5.1. – The creations and works offered on the Website (among others, the following protected elements: texts, photographs, graphics, images, icons, technology, computer programs, Web pages, links, sound and audiovisual content, graphic design and source codes, as well as any trademarks, domain names and other distinctive signs and, in general, any type of work, creation or expression – or a combination of these – included on the Web or used to identify it or to identify parts of it) are subject to intellectual property rights and / or industrial which owns HELLER MÁQUINA-HERRAMIENTA SL. Corresponds to that company the exclusive exercise of the rights of exploitation of intellectual property mentioned, in any form and, in particular, the rights of reproduction, distribution, public communication and transformation. HELLER MÁQUINA-HERRAMIENTA SL does not transfer all or part of these rights, nor does it grant any licence or authorisation whatsoever to users of the website.
5.2 .- Also, HELLER MÁQUINA-HERRAMIENTA SL guarantees that the contents, including intellectual property, are not illegal or violate current regulations. HELLER MÁQUINA-HERRAMIENTA SL will adopt the legal measures it deems appropriate to prevent any type of conduct contrary to the law or morality.
By these Terms and Conditions, HELLER MÁQUINA-HERRAMIENTA SL only authorises the User to view, download and print the Protected Elements owned by HELLER MÁQUINA-HERRAMIENTA SL, provided that the User uses them exclusively for personal use, agreeing not to carry out, either directly or indirectly, any commercial exploitation of them or use them for any purpose not expressly provided for in these Terms and Conditions.
5.4.- The use by the User of those Protected Elements owned by third parties shall be subject to those conditions which, where appropriate, said third parties may establish and which the User undertakes to be aware of.
5.5.- Any infringement of the provisions of this section shall be considered as a violation of intellectual property rights owned by HELLER MÁQUINA-HERRAMIENTA SL, giving rise to the legally established responsibilities to that effect and may be pursued through administrative, civil or criminal actions that may apply.
6.- Lawfulness and correctness of the contents included on the Website
HELLER MÁQUINA-HERRAMIENTA SL does not guarantee and is not responsible for any inaccuracy and/or lack of correctness and/or lack of updating of the contents of the Web. The responsibility of HELLER MÁQUINA-HERRAMIENTA SL regarding the content and information offered by Internet sites to which they direct hyperlinks included in the Web as well as those contents of or from third parties that are hosted on the Web, shall be governed by the provisions of Articles 16 and 17 of the Law of Services of the Information Society, Law 34/2002. HELLER MÁQUINA-HERRAMIENTA SL is not responsible for and does not guarantee that access to the Content and other parts of the Web is legal from outside Spain. Access to the Web from a country other than Spain, must be carried out in accordance with the rules applicable in the territory from which the user accesses the Web.
Exclusion of warranties and liabilities
HELLER MÁQUINA-HERRAMIENTA SL only respond to the services and content directly originated by it and properly identified as industrial and intellectual property of HELLER MÁQUINA-HERRAMIENTA SL.
7.2 .- HELLER MÁQUINA-HERRAMIENTA SL is not responsible for:
7.2.1.- The damages that may arise from the provision or supply of products or services by third parties or entities through the Web, and in particular those arising from:
a. Failure to comply with the law, morality and public order, or the use of the products and/or services offered in a non-diligent or incorrect manner, or for illicit purposes or effects or contrary to the provisions of these General Conditions or the conditions which, where applicable, may be applicable.
b. Infringement of industrial and intellectual property rights or business or professional secrecy. The commission of acts of unfair competition or illegal advertising.
c. Infringement of the rights to honour, personal and family privacy and personal image, and those relating to the protection of children and young people. The performance of acts of a pornographic nature.
d. The unlawfulness or lack of truthfulness, accuracy, reliability, relevance, timeliness and completeness of the content and information transmitted or made available to users, including information and services provided by third parties or users through the Web.
e. The non-fulfilment or defective fulfilment or termination for any reason of the contracts made with third parties for the provision of services through the Website.
f. The incapacity of any User or the impersonation of a third party carried out by the User.
7.2.2.2.- Damage to honour, privacy or any other or insult or offence caused to a User in the event of information included on the Website by any other User since, in accordance with the provisions of the Terms and Conditions, users of the Website are obliged not to enter information that may be considered illegal, immoral or contrary to public order.
7.2.3.- Any damages that may derive from the knowledge that unauthorised third parties may have of the type, conditions, characteristics and circumstances of access and use that Users make of the Web and of the information and services, as well as the non-fulfilment by Users of their obligations in relation to personal data.
7.2.4.- Damages of any nature that may be due to the existence of errors in the access or use of the Web page or its services or content, although it undertakes to avoid them, updating or correcting said content.
7.2.5.- Damages of any kind that may be due to the information contained in the links that appear on its website.
7.2.6.- Damages of any kind that may be due to the existence of viruses in the computer system, electronic documents or files of the Users. Similarly, due to the presence of viruses in the services provided by third parties through the Website.
7.2.7.- The loss of business, benefits or data resulting directly, indirectly, secondarily or as a consequence of access or use by Users of the Website.
7.3.- The User exempts HELLER MÁQUINA-HERRAMIENTA SL from any liability that may arise as a result of breach of the provisions of these Terms and Conditions, especially but not limited to the Limitations on the Use of the Web regulated in the same.
8.- General
The headings of the different clauses are for information purposes only, and shall not affect, qualify or extend the interpretation of the General Conditions. In the event of any discrepancy between the provisions of these General Conditions and the particular conditions of each specific service, the provisions of the latter shall prevail. In the event that any provision of these General Conditions is deemed invalid or unenforceable, in whole or in part, by any court or competent administrative body, such invalidity or unenforceability shall not affect the other provisions of the General Conditions or the specific conditions of the various services of HELLER MÁQUINA-HERRAMIENTA SL. The non-exercise or enforcement by HELLER MÁQUINA-HERRAMIENTA SL of any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledged and agreed in writing by HELLER MÁQUINA-HERRAMIENTA SL.
9 .- Applicable law and jurisdiction
The provision of the Website service and these General Conditions of Use of the Website are governed by Spanish law. To the extent permitted by law, the parties, expressly waiving any other jurisdiction to which they may be entitled, agree to submit to the jurisdiction of the Courts and Tribunals of the city of Elche.