GENERAL TERMS AND CONDITIONS OF THE WEB PAGE OF GARHE SA. (WWW.GARHE.COM)
The conditions stated herein regulate the General Terms and Conditions of the Internet Website www.garhe.com belonging to Garhe SA (hereinafter referred to as GARHE) with Tax ID (VAT) number ES-A48108526, with registered office at BARRIO BOROA, s/n 48340 AMOREBIETA, BISCAY, SPAIN, and registered in the Biscay Trade Registry in Volume 865, book 577, Section 3, Page 5724, Entry no. 1. Access to the web site of GARHE implies the complete and unconditional acceptance of each and all of the dispositions included in these General Terms and Conditions.
1.- INFORMATION PRIOR TO PURCHASING, AVAILABILITY OF PURCHASING CONDITIONS, ACCEPTANCE BY THE PURCHASER, DOCUMENTATION AND INFORMATION AFTER PURCHASING:
The General Terms and Conditions and the General Purchasing Terms of the various services available to the user on the website www.garhe.com are set permanently on the website owned by GARHE SA. Any user can file them, print them and, therefore, be previously informed of the conditions of use of the site as well as the purchasing conditions under which all services will be provided.
It is not technically possible for the USER to complete the registration as such in www.garhe.com without accepting these General Terms and Conditions. Registration as a USER implies that GARHE will send the USER his/her user name and a password in order to access the restricted area. This user exclusive area is secure and private and will allow the USER to place orders which are subject to the General Purchasing Terms. )
The USER declares to be an adult, to have sufficient capacity to purchase and to have read, understood and accepted these Terms.
As for the purchases made by the USER, as soon as the purchase is made, and within a period of time no longer than twenty-four hours, GARHE will send an email to the address provided in the registration form to the PURCHASER in order to confirm the purchase order with a delivery note or invoice with the list of the products just bought, including their description and cost (with a tax breakdown if applied), and period of time or deadline. Moreover, in his/her restricted area the PURCHASER will permanently have at his/her disposal the General Terms and Conditions and General Purchasing Terms as well as all purchase details and corresponding invoices. Any subsequent modification to the present General Terms and Conditions or the General Purchasing Terms of the services will be notified to the USER at least fifteen days prior application, and will be placed in a visible and accessible area of the website http://www.garhe.com. The PURCHASER may print and file the aforementioned documentation, requesting it via email to firstname.lastname@example.org or by phone (+34 94 673 39 71).
2.- PURPOSE OF THE WEBSITE (WWW.GARHE.COM):)
The website of GARHE was created to provide professional services over the Internet and facilitate access to USERS to all information on the characteristics of those services, on the company itself and on other information considered to be of interest which GARHE offers directly or through the appropriate links. Users will be able to hire and manage services offered on GARHE's website.
3.- CONDITIONS OF ACCESS AND USE:
USERS are not required to register to visit the website www.garhe.com. Registration is only necessary in order to hire services by filling in certain information of the USER registration form where the present General Terms and Conditions apply - see paragraph 1 of the present Conditions. Conditions of access and use of GARHE's website is strictly governed by current Spanish law and by the principle of good faith and the USER commits to make good use of the website. Therefore, all acts that infringe the law, rights or third party interests, right to privacy and honour, data protection, intellectual property and ultimately any action which may constitute unlawful conduct are strictly prohibited. GARHE expressly prohibits the following:
- To undertake any action which could produce in or through the website, by whatever means, any type of damage to the systems of GARHE or third parties.
- To perform, without proper consent, any type of advertising or commercial information, directly or covertly. GARHE also forbids any form of "spamming" (sending unsolicited bulk mail) or "mail bombing" (sending large messages to block network servers). GARHE receives notifications from different organizations that are fighting the use of this type of activities when a USER or PURCHASER from GARHE sends unsolicited bulk mail. If GARHE receives this type of notification it will demand the PURCHASER to immediately cease these malpractices. GARHE will not assess whether the addresses to which the PURCHASER sent unsolicited emails were obtained with the holder's consent. GARHE will act accordingly whenever notified by an organization dedicated to prevent these activities in the event of complaints from persons who receive unsolicited emails. Therefore, if the PURCHASER does not cease these activities, GARHE will immediately cancel the service and terminate this contract, reserving the right to exercise whatever legal actions or procedures in order to defend GARHE's interests.
- It is also strictly forbidden to use programs designed to cause trouble or attacks over the network. Likewise, It is strictly prohibited to test the security of the servers by performing any type of action which proves not strictly necessary for the normal use of the website.
GARHE can, at any moment, cancel the access to its website if it detects any activity which might be against the law, act against good faith, or against these General Terms and Conditions - see 7th paragraph.
The contents of GARHE's website were generated and included by:
- GARHE itself using internal and external sources, and GARHE claims responsibility only for the contents generated internally.
- USERS, through collaborations or voluntary input of content, making them solely responsible for these contents and, therefore, exempting GARHE from any liability that may arise.
- Individuals and organisations other than GARHE, through collaborations that are inserted directly on the website, or through hyperlinks, making them solely responsible for these contents and exempting GARHE from all responsibility in the terms specified in the Spanish law.
In addition, through the website of GARHE the USER is offered products and services to be sold both from GARHE and from third party companies and these are subject to the General Terms and Conditions and specific conditions of each product/service. GARHE does not guarantee the truthfulness, accuracy, or relevance of the content related to services offered by third parties and is expressly exempt from any liability for damages that may result from errors or missing features on products or services provided by third parties.
If the USER wishes to create a link on his website to GARHE's website, he will not make an illegal use or violate the good faith of the information, products or services made ??available on the aforementioned website. The USER who creates a link or hyperlink is committed to:
- Not destroy, damage or in any way modify the content, products or services made ??available to the USER on the website of GARHE.
- Do not declare that GARHE assumes control of the link or the contents of the website of the USER creating the link to GARHE. GARHE will not be liable for any content or services of the USER's website where the hyperlink or link to GARHE's website is created.
- Do not include in the USER's website the trademark, trade name or any distinctive sign belonging to GARHE without the previous consent of the company.
5.- LIABILITY OF GARHE:
5.1.- Connection failures, fortuitous events and force majeure: GARHE shall not be liable for access failures or delays, system delays and any failure arising from general Internet connection problems, due to fortuitous events or force majeure, or any unforeseen circumstances. GARHE is committed to try to resolve these issues with all available means and to provide all necessary support to the USER to resolve any incidence as quickly and satisfactorily as possible. Furthermore GARHE will not be held responsible for failures that may occur due to these causes in communications, deletion or incomplete transitions. This means GARHE does not guarantee that the website will be working at all times due to issues beyond the control of GARHE or when these issues cannot be resolved with all the resources at its disposal. The USER exempts GARHE from any responsibility in the event of any of these causes.
5.2.- Use of the website: Under no circumstances will GARHE be responsible for errors or damages caused by the USER's inefficient use and bad faith. Nor will GARHE be held responsible for major or minor consequences arising from the lack of communication between GARHE and the PURCHASER if the email address is not valid or correct or from false information provided by the PURCHASER when registering to www.garhe.com.
5.3.- Responsibility: GARHE is responsible for the services it provides within the limits and as specified in the General Purchasing Terms for services available to the USER.
6.- USER RESPONSIBILITIES:
6.1.- Good use of service: It is the USER's responsibility to make good use of the service and, therefore, not act in bad faith, by using the service for any practice forbidden by law or disapproved for commercial use. Through these General Terms and Conditions, GARHE is empowered to advise competent authorities of any illegal act or use made by the USER, as soon as GARHE becomes aware beyond reasonable doubt. Consequently, GARHE may remove or limit the USER access to the restricted area of the website of GARHE. The USER will be solely liable for any claim or legal, judicial or extrajudicial action taken by third parties, who have been directly injured by the Customer, in courts or other organisations, and shall incur all the expenses, costs and compensations that could be undertaken by GARHE, in the event of a claim against GARHE. Additionally, GARHE shall co-operate with and notify the competent authority of any such incidences as soon as GARHE becomes aware, beyond reasonable doubt, that the damages caused are the result of an illicit activity, especially when said activity involves the USER adding content, which could potentially violate the rights or legitimate interests of GARHE or other third parties.
6.2.- Reliable evidence: If GARHE receives any kind of statement from a properly identified third party on the alleged illicit content or activity conducted by a service USER, GARHE will proceed to inform the USER, and if said activity is manifestly illicit GARHE will proceed to block the service in question. For this activity to be manifestly illicit, it must be unequivocally illicit for any person who accesses these contents. In specific cases as copyright or slander and/or defamation, GARHE cannot resolve whether the USER has or not the right to show such contents or whether such contents constitute slander and defamation, being exclusively the competent authority the only party able to irrefutably declare those contents as illicit and, therefore, order to cease the service.
6.3.- Custody of access passwords: The USER is responsible for keeping passwords secure and confidential, which are provided to access the restricted area upon registration as a USER and are needed for any purchase on the web. The USER shall be responsible to keep them safe in order to prevent access to unauthorized third parties.
6.4. Due diligence: The USER will be responsible for carrying out all the required actions with due diligence. The USER must be specially diligent regarding the update and authenticity of his/her personal details, specifically the email address provided at the time of registration as a USER as the primary channel for communication with GARHE - see paragraph 8 of the present Conditions.
GARHE and the USER agree to communicate and report all incidents that occur throughout the duration of the different hired services, which should be preferably via email. GARHE's email for these communications will be email@example.com and the email address of the USER will be the one provided in the user registration form in www.garhe.com. The USER undertakes to keep this electronic mail address valid and to modify it in the restricted area, if necessary, to continue receiving communications. Nevertheless, if urgent issues or failure in the previous communication were to occur, communications will continue by phone, fax, postal mail, courier or any other system adequate for the intended purpose. However, the preferred method of communication is to be via email, and GARHE is exempt from all liability that may arise from not retrieving emails or if the email address provided by the USER is not valid. Both parties shall be responsible for the custody of all copies of communications that take place.
8.- COPYRIGHT AND TRADEMARK:
GARHE is a registered trademark. Any external use, by any means or in any medium of the GARHE trademark, which includes both the name and the logo, without the express consent of GARHE is strictly prohibited. All right reserved. Moreover, GARHE's website (own content, the programming and design of the website) is fully protected by copyright and any reproduction, communication, distribution, and/or transformation of the aforementioned elements without the express written consent of GARHE is strictly prohibited.
9.- JURISDICTION AND APPLICABLE LAW:
These Terms are governed by Spanish law. These terms and conditions are subject to the provisions of Law 7/1988 of April 13 on General Purchasing Terms; Law 26/1984 of July 19, on Consumer Protection; Royal Decree 1906 / 1999 of December 17, regulating telephone and electronic contracting; the Organic Law 15/1999 of December 13, on Personal Data Protection; Law 7/1996 of January 15 regulating the Retail Trade, and Law 34/2002 of July 11, on Information Society Services and Electronic Commerce. The Law Courts and Tribunals of AMOREBIETA, BISCAY, SPAIN are to resolve any dispute or conflict that derive from these general conditions: the PURCHASER expressly waives any other venue to which he may be entitled.
10.- PERSONAL DATA PROTECTION:
Any data collected through forms in this website will be stored in an automated personal information database for which GARHE is responsible. All data will be treated confidentially and will be used only for the purpose of managing its relationships with customers and promoting commercial services.
The USERS may revoke their consent and exercise their rights of access, correction, cancellation and opposition by contacting the address indicated in each form.
Concerning the personal information collected on this site, Garhe SA complies with the safety measures required by the Regulations for Security Measures approved by Royal Decree 1720/2007, of December 21, approving the Regulation implementing Organic Law 15/1999, dated December 13, on Personal Data Protection.