1. GENERAL ASPECTS
1.1 Identifying information for the “Information Society Service Provider” (HERRAJES SABALO, S.L.)
In accordance with article 10 of Law 34/2002 on Information Society and Electronic Commerce Services, it is highlighted that HERRAJES SABALO S.L Recorded in the Valencia Trade Register, general volume 4,034, 1346 in the General Section of the Companies Register, folio 197, page number V-18227, record 3a, is the owner of the activity exercised through the website http://www.herrajes-sabalo.com, with registered offices at calle Castellón 28, 46910 Sedaví (Valencia).
If you wish to contact us, please see the above address, or do so by email at firstname.lastname@example.org, or call the 96 376 21 60.
1.2 Acceptance and validity of the General Terms.
Browsing on this website confers to you the status of User and implies full, unqualified acceptance of all General Terms in force at the time at which you, as a User, access the website http://www.herrajes-sabalo.com, (hereinafter referred to as “the website”).
HERRAJES SABALO, S.L. may, at any time, and without prior notice, modify these General Terms by publishing said modifications on the website so that Users can be made aware of them, reserving the right to unilaterally modify the presentation, configuration and content of the website, as well as the conditions required for use of the website.
2. GENERAL TERMS FOR USE OF THE WEBSITE
2.1 Use of the website
The User agrees to use the website in accordance with the Law, these General Terms, ethics and generally accepted proper conduct and public interest, being liable to HERRAJES SABALO, S.L. and third parties for any damages or prejudices which may occur as a result of breach of this obligation.
The User shall refrain from using the website for purposes which are unlawful, contrary to those set forth in these General Terms, prejudicial to the rights and interests of third parties, or which could damage, disable, overburden or impair the website or server where it is located, or prevent normal use or enjoyment thereof.
In the event that it is necessary for use of any of the service included in the website to enter a username (hereinafter referred to as “login”) and password (hereinafter referred to as “password”), the User agrees to act diligently and not to disclose their login and password to third parties, and to inform HERRAJES SABALO of the loss or theft thereof, or any other circumstance which might compromise the privacy of the same, as soon as possible.
2.2 User obligations
In general, the User is obliged to adhere to these General Terms, as well as to the specific warnings and instructions for use contained in the same, or on the website, always to act in accordance with the Law, proper conduct and the requirements of good faith, employing the appropriate diligence to the nature of the service used and refraining from using the website in any way which could prevent, damage or impair normal operation thereof, the assets or rights of HERRAJES SABALO, its suppliers, other Users or any third party in general.
Specifically, without any limitation on the User’s general obligation pursuant to the previous paragraph, the User is obliged, when using the website, as well and in the provision of services to: (i) if registering, the User is obliged to provide truthful information and to keep it up to date; (ii) not to enter, store or transmit to or from the website any information or material which could be defamatory, injurious, obscene, threatening, xenophobic, which incites violence or discrimination due to race, sex, ideology, religion or which violates morals, public interest, fundamental rights, public liberties, honour, privacy or the image of third parties or current regulation in general in any way; (iii) not to enter, store or transmit via the website any computer program, data, virus, code, hardware or telecommunication equipment or any other instrument or electronic or physical device which is likely to cause damage to the website, to any of the services offered on the website, or any of the equipment, systems or networks of HERRAJES SABALO, any User, the providers of HERRAJES SABALO or any third party in general, or which could cause any kind of alteration or prevent the normal operation of the same; (iv) to keep the login and password provided by HERRAJES SABALO to Users safe, as identifying and enabling elements for accessing the services offered on the website, agreeing not to cede them or to allow access to third parties, assuming liability for damages and prejudices which may derive from improper use of the same. Equally, the User agrees to inform HERRAJES SABALO, as soon as possible, of the loss or theft, or any access risk related to their login and/or password by a third party; (v) not to use the website for advertising, promotional or business purposes not expressly authorised by HERRAJES SABALO, or to use the content and, in particular, the information obtained through the website to post advertising, send messages for direct sales purposes or any other business purpose, or to collect or store third parties’ personal data; (vi) not to use false identities, or to impersonate others when using the website or any of the services on the website, including use, if applicable, of third parties’ passwords or access information or in any other way whatsoever; (vii) not to destroy, alter, use for your own ends, disable or damage the data, information, programs or electronic documents of HERRAJES SABALO, its suppliers or third parties; (viii) not to enter, store or transmit via the website any content which is in breach of intellectual or industrial property rights, or the company secrets of third parties, or, in general, any content which, in accordance with the law, cannot be made available to third parties.
2.3 Freedom from liability
HERRAJES SABALO shall only be held liable for damages which the User may suffer as a result of use of the website when these damages are directly attributable thereto.
With regard to the information and content included on the website or which are accessible as a result of links located on it, HERRAJES SABALO does not guarantee, in any way, either access at a given time to such information and content, or its accuracy, currency or updates thereto, its suitability or usefulness for the User’s purposes, and shall not be held liable for damages and prejudices of any nature which may be due to the transmission, diffusion, storage, disclosure, receipt, obtention or access to the content included on the website or which can be accessed through the links located on it.
HERRAJES SABALO exempts itself from any liability for improper or unauthorised use of logins and passwords and lack of User care in storing these securely.
Likewise, HERRAJES SABALO exempts itself from any liability for damages and prejudices of any nature which may be due to, by way of example and not limited to: (i) the presence of viruses or other harmful elements on the website, or websites which can be accessed through the links located on it, which may cause changes to the User’s IT systems, electronic documents or files; (ii) interference, omissions, interruptions, faults and/or disconnections in the operation of this electronic system or User’s IT equipment and apparatus, which may prevent or delay the provision of service or browsing the System; (iii) delays or blocks in use caused by faults or overloads on the Internet or other electronic systems; (iv) which may be caused by third parties through unlawful interferences outwith the control of the website and which are not attributable to HERRAJES SABALO; (v) disparities in the information, documentation and/or other content on the website which may exist between the electronic and printed versions; (vi) inability to provide the service or allow access for reasons not attributable to HERRAJES SABALO, due to the User, third parties or cases of force majeure.
The liability of HERRAJES SABALO for damages and prejudice of any kind which may be attributed to it shall not exceed, under any circumstances, by express agreement between the parties, the total amount paid by the User for access to the products offered on the website.
2.4 Use of hyperlinks
Any Internet user who wishes to enter links to the Website on their own sites must adhere to the terms stipulated below, and ignorance of the latter does not constitute exemption from the responsibilities derived from the Law.
The link shall only link to the home or main page of the website but cannot reproduce it in any way (inline links, copying text, graphics, etc.). Under any circumstances, it shall remain prohibited, in accordance with applicable legislation in force at any time to establish frames of any kind which involve the website or allow content to be viewed from web addresses other than that of the website and, in any case, when viewed jointly with external content from the website which: (i) causes or may cause error, confusion or be misleading to users over the true source of the service or Content; (ii) is an untrue comparison or imitation; (iii) takes advantage of the HERRAJES SABALO brand reputation and prestige; or (iv) in any other way which is prohibited by current legislation.
No kind of false, inaccurate or incorrect statement about HERRAJES SABALO, its management, employees, clients or about the quality of the services it provides must be made on the page with the link.
Under no circumstances shall the page where the link is located state that HERRAJES SABALO has given its consent to the inclusion of the link or that it, in any other way, sponsors, collaborates with, checks or supervises the sender’s services.
This prohibits the use of any word or pictorial mark, or a mixture thereof, or any other distinctive sign belonging to HERRAJES SABALO on the sender’s site, except in cases allowed by Law or expressly authorised by HERRAJES SABALO, provided that this allows, in these cases, a direct link to the Website in the form provided for in this clause.
The page which features the link must adhere strictly to the Law and must not, in any case, provide or link to its own content or that of third parties which: (i) is unlawful, harmful or unethical or which breaches the rules of proper conduct (pornographic, violent, racist, etc.); (ii) leads or could lead the User into the misconception that HERRAJES SABALO subscribes to, backs up, adheres to or supports in any way whatsoever the ideas, declarations or statements, lawful or unlawful, of the sender; (iii) is inappropriate or not relevant to HERRAJES SABALO’s activity in terms of location, content or subject matter of the sender’s Website. Likewise, the User shall refrain from entering any hyperlink on to the Website (hereinafter referred to as “link”) directed to a Website which contains information or content which is unlawful, unethical or which breaches the rules of generally accepted proper conduct, and public interest.
2.5 Personal Data Protection Policy
HERRAJES SABALO recognises the importance of protecting the Website User’s privacy, and, for this reason, it has established a Personal Data Protection Policy which it makes public so that the User can freely and voluntarily decide whether to provide HERRAJES SABALO with the personal data which it may require or obtain through use of this Website and/or request for any of the products offered on it.
HERRAJES SABALO reserves the right to unilaterally modify, at any time and without prior notice, its Personal Data Protection Policy, in order to adapt it to legislation in force at any given time.
To request information or, if applicable, proceed to the purchase or acquisition of products, Users must first supply HERRAJES SABALO with certain personal information which shall be handled for the purposes of dealing with any queries submitted, if applicable, formalising remote purchases, managing, administrating, providing, extending, improving and adapting the services offered on the Website. In addition to promotional and advertising activities by any means, which may be in your interest to extend and improve our products, adapting our products to your preferences or needs, from examining and segmentation of personal and business data that we may have on our files as a result of your accessing the Website, as well as to allow customised browsing.
In accordance with Organic Law 15/1999 of 13 December, on Protection of Personal Data, the User has the right to access, modify, delete and object, in accordance with regulation in force, to their personal data gathered as provided for in previous paragraphs, and these may be addressed for this purpose, with a photocopy ID, passport or equivalent ID document, to the contact address provided.
The User expressly agrees to the inclusion of the data collected while browsing the Website, or provided when completing any form, as well as those resulting from a business relationship and/or delivery of products purchased, in the aforementioned file.
During the data collection process, and in each place on the Website where these data are requested, the User will be informed, whether via a hyperlink, or on the form itself, of the obligatory or optional nature of collection of these data.
HERRAJES SABALO agrees to use the data included in the file, to respect their confidentiality and use them in accordance with the purpose of the file, as well as fulfilling its obligation to store them and take any measure to prevent alteration, loss, treatment or unauthorised access, in accordance with Royal Decree 1720/2007 of 21 December, under which the implementation decree of Organic Law 15/1999, of 13 December, on protection of personal data, was approved.
The Website contains “cookies” which allow HERRAJES SABALO to obtain a series of User data, such as the sections of the Website previously visited by the User, as well as their favourite products and services.
If the User prefers, they can block “cookies” from accessing its hard drive by configuring their computer browser to advise them on the screen if it receives “cookies” and to prevent installation of them on their hard drive, in which case the Website may not work properly for technical reasons.
2.6 Intellectual and Industrial Property
The content of the Website (hereinafter referred to as “the content”) which includes, by way of example and not limited to, texts, photos, graphics, images, icons, software, links and other audiovisual content, as well its graphic design and source codes are the intellectual property of SABALO HERRAJES, or the third parties which has allowed HERRAJES SABALO to use them. This content is protected by national Laws and international Treaties on applicable intellectual property rights.
Likewise, all trademarks, business names, or distinctive marks of any kind which appear on the Website are the property of HERRAJES SABALO or the third parties which, if applicable, have authorised HERRAJES SABALO to include them or use them on the Website.
All industrial and intellectual property rights over this Website are legally reserved and access to the same or use thereof, by the User, must not be considered, in any way whatsoever, as granting any licence for use or right over any asset held or owned by HERRAJES SABALO or third parties.
Total or partial reproduction by any means of the content, trademarks, business names and distinctive marks of any kind included in the Website, as well as the sale, cession, lease, distribution, public communication, processing, or any other use of the same, without the express prior authorisation of the corresponding rights holder, is categorically prohibited and shall incur civil and, if applicable, criminal proceedings in accordance with applicable national Laws and international Treaties.
No link can be made to the Website from any other site without the prior and express consent of HERRAJES SABALO.