INTRODUCTION AND COMPANY DETAILS
This document gives legal notice, and establishes the terms and conditions of access to, and use of, the VERALLIA SPAIN, S.A. website, with the URL es.verallia.com
The registered place of business of VERALLIA SPAIN, S.A. is Príncipe de Vergara 132, 28002 Madrid, with Spanish fiscal ID (N.I.F.) no. A19001304, inscribed in volume 1.355, book 814 of the general company section (3ª) page 60, inscription 1ª, sheet no. 5329 of the Madrid Company Registry.
VERALLIA SPAIN, S.A. uses this website to make various services and items of content accessible and available to users. VERALLIA SPAIN, S.A. reserves the right to modify – at its sole discretion, at any time, and without previous notice – the design and configuration of its website, including the services supplied via the site and the terms and conditions governing their use. The presence on the website of information concerning third parties does not suppose or imply the existence or creation, whether individually, jointly and/or severally, of any association, joint venture or legal entity of any kind that might imply shared liability of any nature in this respect.
2. TERMS AND CONDITIONS GOVERNING ACCESS TO AND USE OF THE WEBSITE
2.1. Free-of-charge access to and use of the website
The services provided via the VERALLIA SPAIN, S.A. website are supplied to users free of charge, and do not require previous subscription or user-registration.
2.2. Obligation to make correct use of the website and the services provided by it
The user undertakes to access the website and make use of its services in accordance with the law, these terms and conditions and generally-accepted standards of public behaviour. The user undertakes not to employ the website or the services provided by it for illicit ends of any kind, or for any purpose that might infringe these terms and conditions or the rights and/or interests of third parties, or which might in any way harm, disable, overload or deteriorate this website and/or the services supplied by it, or impede or prevent the normal use and enjoyment, by other users, of this website and the services provided by it.
2.3. Means used to obtain content
The user undertakes not to attempt to download or otherwise obtain information, messages, graphics, drawings, audio or audiovisual files, recordings, software and/or any other item or service that might be accessible via the website (hereinafter “content”) by any other means than those provided or specified on the pages of the website hosting the content concerned and, in general, not to use any of the means habitually employed on the Internet for this purpose, if they are in any way likely to damage or disable the website and/or the services and/or content provided by it.
2.4. Correct use of content
The user undertakes to make proper, correct and legal use of the content supplied, while abstaining in particular from (a) using the content in any way or form that might infringe the law and/or generally-accepted standards of public behaviour; (b) reproducing, copying, distributing, allowing public access via any means of communication, transforming or modifying content, unless permitted by law, or subject to the holder of the corresponding rights having previously issued the corresponding authorisation; (c) deleting, concealing or otherwise manipulating the “copyright” marks and/or other details identifying the rights of VERALLIA SPAIN, S.A. or of parties holding original title to the content concerned, and/or deleting or otherwise disabling the technical means of protection, digital fingerprints or any other means of identification or protection used with the content concerned.
2.5. The use, in conformity with the anti-spam policies of VERALLIA SPAIN, S.A., of the services offered via the website
The user shall employ the services in conformity with the anti-spam policy of VERALLIA SPAIN, S.A., and undertakes in particular to abstain from (i) using the corresponding access to submit publicity or communications of any type designed for the purposes of sales-promotion or other commercial ends and destined for multiple addresses, unless they have first requested or given their consent to receiving such communications, (ii) submitting unsolicited messages of any other kind to multiple addresses, without first obtaining their corresponding consent, (iii) sending unsolicited “chain” e-mails without previous consent, (iv) making use of any distribution lists that might be accessible via the website or web-based services for the purposes mentioned in sections (i) to (iii) above, (v) placing at the disposal of any third party or parties, for any purpose, data obtained from such distribution lists.
2.6. The use of hyperlinks providing access to the website and the services supplied via it
3. PERSONALLY-IDENTIFIABLE DATA
Before making use of some of the services supplied, users must provide certain personally-identifiable data. The submission of such data is voluntary. The data supplied will be saved to an automated archive operated under the responsibility of VERALLIA SPAIN, S.A. The data concerned are the minimum details required to send postal mail, for which purpose the user undertakes to provide full and accurate information. Users are hereby notified, in conformity with Article 5 of the Spanish law governing data protection (LOPD), that their data will be saved to an archive belonging to VERALLIA SPAIN, S.A. and duly registered with the Spanish data-protection agency (AEPD). Parties to whom personally-identifiable data correspond may exercise their rights to access, rectify and cancel such data, subject to the terms and conditions of Spanish law 15/1999 of 13 December 1999, which governs the protection of personally identifiable data (LOPD), by contacting VERALLIA SPAIN, S.A. (by e-mail to recepcion.sede [at] verallia.com, or by telephoning +34 91 397 29 02).
The application saves the collected data to a single archive, the contents of which are deleted daily at 23:00 hours. The information from this archive is distributed, on a user-by-user basis, to a collection point for the purpose of making up the corresponding order, packing it and despatching it by postal mail. No trace of the original data then remains, although certain details may be retained for the purpose of the economic and commercial transactions conducted.
4. USE OF “COOKIES”
5. USAGE OF THE WEBSITE, SERVICES AND CONTENT IS THE SOLE RESPONSIBILITY OF THE USER
The user is aware, and voluntarily accepts, that it is solely responsonsible for all usage of the website, including the services and content offered on it.
6. EXCLUSION OF GUARANTEES AND LIABILITY
6.1. Exclusion of guarantees and liability with respect to the functioning of the website and the services offered on it
6.1.1. Availability and consistent access; usability and possible defects
VERALLIA SPAIN, S.A. does not guarantee the availability, whether continuous or otherwise, of the website or the services offered on it. VERALLIA SPAIN, S.A.will attempt, whenever reasonably possible, to give advance warning of interruptions affecting the functioning of the website and/or the services offered on it. VERALLIA SPAIN, S.A. cannot, however, guarantee the usability of the website or the services offered on it, for any activity in particular. The company likewise offers no guarantee regarding defects which might result in particular, but without any limitation in this respect, in users being able to access the services supplied via the website and/or the pages of which the website consists and/or those pages via which the services concerned are supplied. VERALLIA SPAIN, S.A. CAN ACCEPT NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED, THAT MIGHT RESULT FROM LACK OF AVAILABILITY OR CONTINUOUS FUNCTIONING OF THE WEBSITE AND/OR THE SERVICES OFFERED ON IT, FROM LACK OF FUNCTIONS THAT USERS MIGHT ATTRIBUTE TO THE WEBSITE AND/OR THE SERVICES OFFERED ON IT, FROM DEFECTS AFFECTING THE WEBSITE AND THE SERVICES OFFERED ON IT, AND IN PARTICULAR (BUT WITHOUT ANY LIMITATION IN THIS RESPECT) FROM DEFECTS PREVENTING ACCESS TO THE VARIOUS PAGES OF THE WEBSITE AND/OR THOSE PAGES VIA WHICH SERVICES ARE OFFERED.
6.1.2. Privacy and security when using the website and the services offered on it
VERALLIA SPAIN, S.A. affirms that it has adopted all the measures necessary, to the extent permitted by the latest technical standards, to ensure the correct functioning of its website and prevent the transmission of computer viruses and other harmful elements likely to result in loss or damage to the user.
6.2. Exclusion of guarantees and responsibility for content
VERALLIA SPAIN, S.A. cannot control, or guarantee the absence of, viruses or other elements of content that are likely to result in changes affecting your IT system’s software and/or hardware and/or digital documents and files saved to your IT system. VERALLIA SPAIN, S.A. CAN ACCEPT NO LIABILITY WHATSOEVER FOR ALL OR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED, WHICH MIGHT RESULT FROM THE PRESENCE IN THE CONTENT OF VIRUSES AND/OR OTHER HARMFUL ELEMENTS THAT ARE LIKELY TO GIVE RISE TO CHANGES AFFECTING USERS' IT SYSTEMS, DIGITAL DOCUMENTS AND/OR ELECTRONIC FILES.
6.2.2. Legality, reliability and usability
VERALLIA SPAIN, S.A. CAN ACCEPT NO LIABILITY WHATSOEVER FOR LOSS AND DAMAGE OF ANY KIND WHICH MIGHT RESULT FROM THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OF OR ACCESS TO CONTENT, WITH PARTICULAR REFERENCE,BUT WITHOUT BEING LIMITED, TO LOSS AND DAMAGE THAT MIGHT RESULT FROM (A) INFRINGEMENT OF THE LAW AND/OR GENERALLY ACCEPTED STANDARDS OF PUBLIC BEHAVIOUR RESULTING FROM THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OF OR ACCESS TO CONTENT; (B) INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR PATENT RIGHTS AND/OR COMMERCIAL SECRECY, CONTRACTUAL UNDERTAKINGS OF ANY KIND, RIGHTS AFFECTINGHONOUR, PERSONAL AND/OR FAMILY PRIVACY AND/OR THE IMAGE OF INDIVIDUALS, PROPERTY RIGHTS AND RIGHTS OF ANY OTHER KIND BELONGING TO THIRD PARTIES, AS A CONSEQUENCE OF THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OF OR ACCESS TO CONTENT; (C) THE COMMITTING OF ACTS RELATING TO UNFAIR COMPETITION AND/OR ILLEGAL PUBLICITY RESULTING FROM THE TRANSMISSION, DIFFUSION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OF OR ACCESS TO CONTENT; (D) DEFECTS CONCERNING THE VERACITY, ACCURACY, COMPLETENESS, APPLICABILITY AND/OR CURRENT NATURE OF THE CONTENT; (E) LACK OF SUITABILITY FOR ANY PARTICULAR PURPOSE AND/OR FAILURE TO FULFIL THE EXPECTATIONS CREATED BY THE CONTENT CONCERNED; (F) FAILURE TO FULFIL, DELAY IN FULFILMENT, INCORRECT FULFILMENT OR TERMINATION, ON ANY GROUNDS WHATSOEVER, AFFECTING THIRD-PARTY CONTRACTUAL OBLIGATIONS ACQUIRED FROM, OR BY VIRTUE OF ACCESS TO, THE CONTENT; (G) FAULTS AND/OR DEFECTS OF ANY KIND THAT MIGHT BE TRANSMITTED, DISTRIBUTED, STORED OR OTHERWISE MADE AVAILABLE, RECEIVED, OBTAINED OR ACCESSED ALONG WITH CONTENT SUPPLIED VIA THE WEBSITE AND/OR THE SERVICES OFFERED ON IT.
6.3. Exclusion of guarantees and liability with respect to third-party services supplied via the website
VERALLIA SPAIN, S.A. cannot control, or guarantee the absence of, viruses or other elements in third-party services supplied via the website, which are likely to result in changes affecting your IT system’s software and/or hardware and/or digital documents and files saved to your IT system. VERALLIA SPAIN, S.A. CAN ACCEPT NO LIABILITY WHATSOEVER FOR ALL OR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED, WHICH MIGHT RESULT FROM THE PRESENCE, IN THIRD-PARTY CONTENT OR SERVICES OFFERED VIA THE WEBSITE, OF VIRUSES AND/OR OTHER HARMFUL ELEMENTS THAT ARE LIKELY TO GIVE RISE TO CHANGES AFFECTING USERS' IT SYSTEMS, DIGITAL DOCUMENTS AND/OR ELECTRONIC FILES.
6.4. Exclusion of guarantees and liability with respect to information, content and services hosted outside the website
The website gives users access to linked technical items (such as hyperlinks, banners, buttons, etc.), web directories and search tools, which allow users to access websites belonging to and/or managed by third parties (hereinafter referred to as “linked websites”). The inclusion in the website of these links, directories and search tools is designed solely to allow users to search for and access information, content and services made available via the Internet. VERALLIA SPAIN, S.A. does not offer or market commercially, either on its own behalf or that of any third party or parties, the content and/or services made available via linked websites, nor does it subject such items to previous control, approval or monitoring on its own behalf. The user should therefore exercise due care when evaluating and making use of information, content and services offered via linked websites. VERALLIA SPAIN, S.A. CANNOT OFFER GUARANTEES OR ASSUME ANY LIABILITY WHATSOEVER FOR LOSS OR DAMAGE OF ANY KIND, HOWSOEVER CAUSED, WHICH MIGHT RESULT FROM (A) THE FUNCTIONING, AVAILABILITY AND/OR ACCESSIBILITY, WHETHER CONTINUOUS OR NOT, OF LINKED WEBSITES; (B) THE MAINTENANCE OF THE INFORMATION, CONTENT AND/OR SERVICES OFFERED VIA LINKED WEBSITES; (C) THE SUPPLY OR TRANSMISSION OF INFORMATION, CONTENT AND/OR EXISTING SERVICES VIA LINKED WEBSITES; (D) THE QUALITY, ADAPTATION, TRUSTWORTHINESS AND/OR USEFUL NATURE OF THE INFORMATION, CONTENT AND/OR EXISTING SERVICES OFFERED VIA LINKED WEBSITES, SUBJECT TO THE SAME TERMS AND CONDITIONS AND TO THE SAME EXTENT SPECIFIED IN POINTS 7.2 AND 7.3 OF THESE GENERAL TERMS AND CONDITIONS, WITH RESPECT TO THE CONTENT AND/OR SERVICES SUPPLIED BY THIRD PARTIES VIA THE WEBSITE.
6.5. Exclusion of guarantees and liability with respect to use of the website and the services and content offered on it
VERALLIA SPAIN, S.A. has no obligation to monitor, and does not monitor, the use made by visitors to the website of its services and/or content. In particular, VERALLIA SPAIN, S.A. does not guarantee that visitors use the website and/or the services and/or content offered via it in conformity with these general terms and conditions, nor does it guarantee that such usage takes place in a diligent and prudent way. VERALLIA SPAIN, S.A. likewise has no obligation to verify, and does not verify, the identity of users; nor does it check the veracity, valid nature, completeness and/or authenticity of the details that users supply to other users about themselves. VERALLIA SPAIN, S.A. SHALL ACCEPT NO LIABILITY WHATSOEVER FOR LOSS OR DAMAGE OF ANY KIND THAT MIGHT RESULT FROM ACCESS BY USERS TO THE SERVICES AND/OR CONTENT, AND/OR WHICH MIGHT RESULT FROM DEFECTS AFFECTING THE VERACITY, VALID NATURE, COMPLETENESS AND/OR AUTHENTICITY OF INFORMATION THAT USERS SUPPLY TO OTHER USERS ABOUT THEMSELVES, WITH PARTICULAR REFERENCE BUT WITHOUT BEING LIMITED TO LOSS OR DAMAGE OF ANY KIND THAT MIGHT RESULT FROM IDENTITY THEFT BY THIRD-PARTY USERS IN THE COURSE OF COMMUNICATION OF ANY KIND CONDUCTED VIA THE WEBSITE.
7. NO LICENSING
VERALLIA SPAIN, S.A. does not grant, via the website and/or the services and/or content offered on it, user licences or authorisation of any kind concerning intellectual property or patent rights, either on its own behalf or with respect to the rights of other entities which are or might form part of the group of companies to which VERALLIA SPAIN, S.A. belongs, or concerning any other title or rights related to the website and/or the services and/or content offered on it.
Protection of minors
Minors who wish to make use of the services offered via the website must first obtain consent from their parents, guardians or legal representatives, who shall be considered responsible for all acts carried out by the minors under their care.
8. DENIAL AND WITHDRAWAL OF ACCESS RIGHTS TO THE WEBSITE AND/OR THE SERVICES OFFERED ON IT
VERALLIA SPAIN, S.A. reserves the right to deny or withdraw access to the website and/or the services offered on it, at any time and without issuing prior notice, by any user who infringes these general terms and conditions and/or the specific conditions resulting from their application.
9. PROCEDURE TO BE FOLLOWED IN THE EVENT OF ILLICIT ACTIVITY
If any user or third-party considers that there are facts or circumstances which reveal the illicit nature of use being made of content of any kind and/or the conducting of any activity on the pages that form part of, or which are made accessible via, the website, with particular reference to the infringement of intellectual-property, patent or other rights, the user concerned should notify VERALLIA SPAIN, S.A. accordingly, with inclusion of the following details: (a) personal details: name, postal address, telephone number and e-mail address of the complainant; (b) a detailed description of the alleged illicit activity conducted via the website, with particular reference, in the event of any alleged infringement of rights, to a precise and specific indication of the protected content concerned, and of where it can be found on the website; (c) facts or circumstances which reveal the illicit nature of the activity concerned; (d) in the event of an alleged violation of rights, the authenticated signature, or equivalent, and personal details of the party holding title to the rights that have allegedly been infringed, or of that party’s authorised agent or legal representative with power of attorney; (e) a clear and specific declaration, made under the responsibility of the complainant, that the information supplied with the notification is accurate with respect to the alleged illicit use of content or illicit activities described. These notifications should be sent to:
VERALLIA SPAIN, S.A.
Príncipe de Vergara 132
Tel.: 91 397 29 02
10. DURATION AND TERMINATION
The provision of the website and other services is, in principle, of indefinite duration. VERALLIA SPAIN, S.A. nevertheless reserves the right to terminate or suspend, at any moment, the provision of the website and/or any of the services offered via it, notwithstanding the applicable stipulations of the corresponding particular conditions. VERALLIA SPAIN, S.A. will make all reasonable effort to give advance warning of any termination or suspension of the website and/or other services offered on it.
11. APPLICABLE LAW AND JURISDICTION
The relationships established between VERALLIA SPAIN, S.A. and the user shall be subject to the applicable regulations and corresponding jurisdiction of the laws of the Kingdom of Spain. All and any issues and disputes relating to this website shall be governed by the laws of the Kingdom of Spain and subject to the jurisdiction of the corresponding courts and tribunals of the City of Madrid.