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These General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") regulate the use of the website www.comercialmendez.es (hereinafter, the Website) that Nombre de la Tienda, S.L. (hereinafter "Comercial Mendez"), makes available to people who access its Website in order to provide them with information about products and services, their own and/or third-party collaborators, and facilitate access to them, as well as the contracting of services and goods through it (all jointly referred to as the "Services").
Comercial Mendez, with registered office at Calle Nombre de la Calle, 1 A, 28001 Localidad (Province), is a Spanish limited liability company that owns this Website whose use is regulated by this document, with CIF number A-12345678 and registered in the Mercantile Registry of the City in Volume 12,345, Page A-111,222, Page 11, Section 1, first entry. To contact Comercial Mendez, you can use the postal address indicated above, as well as the email address [email protected]
Due to the very nature of the Website, as well as its content and purpose, practically all of the navigation that can be carried out through it must be done enjoying the status of Client, which is acquired according to the procedures included in the same. Therefore, the aforementioned condition of Client implies adherence to the General Conditions in the version published at the time the Website is accessed. Comercial Mendez reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, Comercial Mendez recommends that the Client read it carefully each time they access the Website.
In any case, there are pages of the Website accessible to the general public, with respect to which Comercial Mendez also wishes to comply with its legal obligations, as well as regulate their use. In this sense, users who access these parts of the Website agree to be subject, by accessing the aforementioned pages, to the terms and conditions contained in these General Conditions, to the extent that this may be applicable to them.
Finally, due to the nature of this Website, it is possible that the content of these General Conditions may be modified or included. For this reason, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that the corresponding conditions in force at the time will apply. of your access.
ACCESS AND SECURITY
The access to the Services requires the previous registration of the users, once they accept the General Conditions, becoming considered as Clients.
The Client's identifier will be made up of his email address and a password. To access the Client's own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable, and its assignment, even temporary, to third parties is not permitted. In this sense, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Client knows or suspects the use of his password by third parties, he must modify it immediately, in the way in which it is collected on the Website.
CORRECT USE OF THE SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:
- use the Services in a manner, for purposes or effects contrary to the law, morality and generally accepted good customs or public order;
- reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless the authorization of the holder of the corresponding rights is obtained or it is legally permitted;
- perform any act that may be considered a violation of any intellectual or industrial property rights belonging to Comercial Mendez or third parties;
- use the Services and, in particular, the information of any kind obtained through the Website to send advertising, communications for direct sales purposes or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as to commercialize or disclose said information in any way;
The client will be liable for damages of any nature that Comercial Mendez may suffer, on occasion or as a consequence of breaching any of the obligations set forth above as well as any others included in these General Conditions and/or those imposed by Law in relation to with the use of the Website.
Comercial Mendez will at all times ensure respect for the current legal system, and will be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the Website in the event of the alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in the event of observing any conduct that, in the opinion of Comercial Mendez, is contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the regulations established by Comercial Mendez or its collaborators or may disturb the proper functioning, image, credibility and/or prestige of Comercial Mendez or its collaborators.
PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Comercial Mendez or third parties, whose rights in this regard are legitimately held. Comercial Mendez, being therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited.
The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable in accordance with articles 270 and following of the Penal Code.
Those Clients who send observations, opinions or comments to the Website through the email service or by any other means, in the cases in which, due to the nature of the Services, this is possible, it is understood that they authorize Comercial Mendez for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is legally provided and without territorial limitation. Likewise, it is understood that this authorization is made free of charge.
Claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights on any of the Services on this Website should be addressed to the following email address: [email protected]
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
Regardless of what is established in the General Contract Conditions related to the contracting of goods included in this Website, Comercial Mendez is not responsible for the veracity, accuracy and quality of this Website, its services, information and materials. Such services, information and materials are presented "as is" and are accessible without warranties of any kind.
Comercial Mendez reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical reasons, security, control, maintenance, power failures or any other justified cause.
Consequently, Comercial Mendez does not guarantee the reliability, availability or continuity of its Website or the Services, so the use of the same by the Client is carried out at their own risk, without, At no time can Comercial Mendez be held accountable in this regard.
Comercial Mendez will not be responsible in the event of interruptions to the Services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of Comercial Mendez, and/or due to a Willful or negligent action of the Client and/or originates from acts of God or force Majeure. Notwithstanding the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also be understood to include, in addition, and for the purposes of these General Conditions, all those events that occur outside the control of Comercial Mendez, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. and attacks by hackers or third parties specialized in security or integrity of the computer system, when Comercial Mendez has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, Comercial Mendez will not assume any responsibility for direct or indirect damages, consequential damages and/or lost profits.
Comercial Mendez excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or to which accessed through the Website as well as the Services provided or offered by third parties or entities. Comercial Mendez will try as much as possible to update and rectify the information hosted on its Website that does not meet the minimum guarantees of veracity. However, it will be exonerated from responsibility for its non-updating or rectification, as well as for the contents and information contained therein. In this sense, Comercial Mendez has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by a Judicial Authority. o Competent Administrative.
Similarly, Comercial Mendez excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alteration in computer systems as well as in documents or systems. stored in them.
Comercial Mendez is not responsible for the use that the Client makes of the Website Services or their passwords, as well as any other material on it, infringing intellectual or industrial property rights or any other third party rights.
The Client undertakes to hold Comercial Mendez harmless for any damage, loss, penalty, expense (including, without limitation, attorneys' fees) or civil, administrative or any other liability that Comercial Mendez may suffer that is related to the breach or partial or defective compliance on your part of what is established in these General Conditions or in the applicable legislation, and, especially, in relation to your obligations related to the protection of personal data included in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
Comercial Mendez does not guarantee or assume any type of responsibility for the damages and losses suffered by the access to third party Services through connections, links or links of the linked sites or on the accuracy or reliability of the same. The function of the links that appear in Comercial Mendez is exclusively to inform the Client about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal. Comercial Mendez will not be in any case responsible for the result obtained through said links or for the consequences derived from the access by the Clients to them. These third-party Services are provided by them, so Comercial Mendez cannot and does not control the legality of the Services or their quality. Consequently, the Client must exercise extreme prudence in the evaluation and use of the information and services existing in the contents of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretative or litigious questions that may arise, Spanish legislation will apply and in case of controversy, both parties agree to submit, waiving any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Madrid.
PROMOTIONS AND DISCOUNTS
The offers, coupons and promotions published on the web are for the exclusive use of private customers.
Professional clients (in the sales and/or repair sector) will have their private conditions in their own user account.
Offers, coupons and discounts are not cumulative, the highest discount will always be applied.