1. IDENTIFICATION.
These general terms and conditions of use (hereinafter CGU) regulate access to and use of the website under the domain WWW.SOMBREROSMENGUAL.ES (hereinafter the Website), owned by “ SOMBREROS MENGUAL , SL”, hereinafter SOMBREROS MENGUAL , and provided with CIF number B03691680 with registered office at AVDA. LA PAU, 11, 03740 GATA DE GORGOS (ALICANTE) and telephone number 965756007 and email gerencia@sombrerosmengual.es and registered in the Mercantile Registry of the province of ALICANTE, Volume 1280, Folio 19, Section 8ª Sheet A-5482 I/A 1. Other identifying data are contained in the Legal Notice, made available to the User who browses or interacts through the Website.
If you have any questions or queries related to the use and access of the Website or any clause of these General Terms of Use, you can contact us through the contact details.
2. OBJECT.
These General Terms of Use (hereinafter, “GTU”) regulate access, browsing and use of the Website accessible through the domain WWW.SOMBREROSMENGUAL.ES, as well as the responsibilities arising from the use of its content, understanding this to include 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.
The main purpose of the website is to offer corporate information about SOMBREROS MENGUAL , as well as to facilitate the online contracting and purchase of its products and services.
Access to the Website by the User is free of charge, without prejudice to the fact that the use of certain services may require prior registration or the contracting of specific services, which will be subject to their own contracting or reservation conditions.
Use of this website confers the status of User and implies full and unreserved acceptance of each and every one of the provisions included in these Terms and Conditions of Use, as published at the time of access. Therefore, if you do not agree with any of the clauses established herein, you should refrain from using this website.
SOMBREROS MENGUAL reserves the right to modify these Terms and Conditions at any time without prior notice. Likewise, SOMBREROS MENGUAL reserves the right to suspend, interrupt, or discontinue the Website at any time. Therefore, Users should carefully read these Terms and Conditions each time they intend to use the Website.
“Use of the Web” refers to any User who accesses and browses the Web, regardless of whether they complete contact forms, registration, sign up as a user, subscription, incident reports, make comments, among other functions that can be performed on the Web.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND CONTENT.
Access to the Website and the Content included therein does not imply any type of guarantee regarding the suitability of the Website and the Content included therein for particular or specific purposes of the User .
SOMBREROS MENGUAL may establish additional limitations and/or conditions for the use of and access to the Website and the Content, which must be observed by the User in all cases.
3.1. Access and Use of the Web.
Unless otherwise stated, the use of the Website will be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User .
The User acknowledges being over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is carried out in all cases under their sole and exclusive responsibility.
In order to register and access certain services or restricted areas of the Website, the User must be over 18 years of age and provide truthful, accurate, complete and up-to-date information.
The registered User will be responsible at all times for the safekeeping of their password, and will therefore assume any damages that may arise from its misuse, as well as from its transfer, disclosure or loss.
The User agrees to immediately notify SOMBREROS MENGUAL Any event that allows the misuse of identifiers and/or passwords, such as theft, loss or unauthorized access, in order to proceed with their immediate cancellation.
The registered User may not, under any circumstances, assign or transfer their status as a registered user or their access credentials to third parties.
Participation in forums, comments, reviews or any other interactive space on the Web must be done in accordance with these rules of use, and SOMBREROS MENGUAL reserves the right to remove any content that is offensive, illegal or contrary to these conditions.
The User agrees to comply with these Terms and Conditions, as well as any special warnings or instructions contained on the Website, and to always act in accordance with the law, good morals, and the requirements of good faith, exercising due diligence considering the nature and consideration of the service being used. To this end, the User shall refrain from using the Website in any way that may impede, damage, or impair its normal operation, the property or rights of SOMBREROS MENGUAL , its suppliers, its distributors, other Users , or any third party.
Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User agrees in the use of the Website:
- Using the Website for illicit, illegal purposes or purposes contrary to these Terms and Conditions, good faith and public order.
- Not to introduce, store or disseminate on or from the Web any information or material that is defamatory, libelous, obscene, threatening, xenophobic, pornographic, an apology for terrorism, incites violence, discrimination based on race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of third parties and in general current regulations.
- Not to introduce, store or disseminate through the Web any computer program, data, virus, code, or any other electronic or physical instrument or device that may cause damage to the Web, to any of the services, or to any of the equipment, systems or networks of SOMBREROS MENGUAL , of any User , of the Suppliers or Distributors of SOMBREROS MENGUAL or in general of any third party, capable of causing any type of alteration or preventing the normal functioning of the same.
- Impersonating other users, providing false or inaccurate information, or performing any action that may mislead about the identity of the user.
- Not to introduce, store or disseminate through the Web any content that infringes intellectual property rules, industrial property or the rights of third parties, nor in general any content that you do not have the right to make available to third parties in accordance with the law.
- Reproducing, copying, distributing, making available or otherwise publicly communicating the contents of the Website without the express authorization of the holder of the corresponding rights.
- Performing acts of spam, unauthorized advertising or mass sending of emails through the Web forms.
3.2. Access and Use of Content.
The Web Content is made available to the User with information from both internal and third-party sources.
SOMBREROS MENGUAL strives to ensure that the Content is of the highest possible quality and reasonably up-to-date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Content.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
All content on the Website, including but not limited to texts, documents, photographs, drawings, graphics, images, icons, technology, software, databases, sound files, video files, graphic design, source code and other elements that form part of it (hereinafter, the “Content”), as well as trademarks, trade names or other distinctive signs, are the exclusive property of SOMBREROS MENGUAL or third parties who have authorized their use, and all of them are protected by intellectual and industrial property legislation.
Under no circumstances shall it be understood that any license is granted or that any waiver or transfer is made. total or partial transfer of said rights, nor is any right conferred, and in particular, no right to alter, exploit, reproduce, distribute or publicly communicate said Content without the prior express written authorization of SOMBREROS MENGUAL or the corresponding owners.
The User may only access, view and use the Content for their personal and private use, and its use for commercial or professional purposes is prohibited, as well as its modification, copying, alteration, reproduction, adaptation or translation, in whole or in part, without the express authorization of the holders of said rights.
Failure to comply with the provisions of this clause may give rise to the exercise of the corresponding legal actions in defense of the rights of SOMBREROS MENGUAL and, where appropriate, of the legitimate holders of intellectual and industrial property rights.
These Terms and Conditions do not transfer any intellectual or industrial property rights over the Website or any of its constituent elements, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding or using in any way, by any means or procedure, any of them, except in cases where it is legally permitted or authorized by the holder of the corresponding rights.
5. EXCLUSION OF WARRANTIES AND LIABILITY.
5.1. Exclusion of Warranties and Liability for the Operation of the Website.
SOMBREROS MENGUAL does not guarantee the availability and uninterrupted operation of the Website or the services or Content offered therein, nor that the content on the Website is up-to-date. Consequently, it will not be liable under any circumstances for damages of any kind that may arise from:
- The lack of availability or accessibility to the Web.
- Interruptions in the operation of the Web or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telecommunications lines or on the Internet.
- Damages that may be caused by third parties through illegitimate intrusions beyond the control of SOMBREROS MENGUAL .
SOMBREROS MENGUAL will carry out, provided there are no circumstances that make it impossible or difficult to do so and as soon as it has news of errors, disconnections and/or lack of updating of the contents, all those tasks aimed at correcting the errors, restoring communication and/or updating the aforementioned contents.
Likewise, SOMBREROS MENGUAL does not guarantee either the technical reliability of its website or access to its various pages, and is therefore exempt from all liability for damages of any kind that may arise from this cause.
Furthermore, SOMBREROS MENGUAL is not responsible for any errors or security deficiencies that may occur due to the User 's use of an outdated or insecure browser version, or for any damages, errors, or inaccuracies that may result from its malfunction.
Although SOMBREROS MENGUAL adopts appropriate technical and organizational security measures to protect the Website, it does not guarantee the absence of viruses or other elements that may cause alterations to the User's computer system (software and hardware) or to the electronic documents and files stored on their system.
Therefore, SOMBREROS MENGUAL will not be liable for any damages caused by the presence of viruses or other harmful elements.
In order to minimize the risk of introducing viruses to the website, SOMBREROS MENGUAL uses virus detection software to scan all content uploaded to the site. However, SOMBREROS MENGUAL does not guarantee the absence of viruses or other harmful elements on the website introduced by third parties unrelated to SOMBREROS MENGUAL that may cause damage to the user's physical or logical systems or to electronic documents and files stored on their systems. Consequently, SOMBREROS MENGUAL will not be liable under any circumstances for any damages of any kind that may arise from the presence of viruses or other harmful elements that may cause damage to physical or logical systems. electronic documents or files of the User .
SOMBREROS MENGUAL takes various security measures to protect the Website, the data collected, and the Content against cyberattacks from third parties. However, SOMBREROS MENGUAL does not guarantee that unauthorized third parties will not be able to access information regarding the User's Website usage or browsing activity, or the conditions, characteristics, and circumstances under which it occurs. Consequently, SOMBREROS MENGUAL will not be liable under any circumstances for any damages that may arise from such unauthorized access.
SOMBREROS MENGUAL will not be responsible in any case for the use that Users or third parties may make of the Website or the Content, nor for the damages that may arise from it.
5.2. Exclusion of Warranties and Liability for Content.
MENGUAL HATS does not guarantee the reliability, usefulness, truthfulness, accuracy, completeness, or timeliness of the Content. The User acknowledges that the use of the Website and the Content is at their sole risk.
In particular, SOMBREROS MENGUAL will not be liable for any damages that may arise from:
- The lack of legality, quality, reliability, usefulness, truthfulness, accuracy, completeness and/or timeliness of the Content.
- The unsuitability for any purpose and the frustration of expectations generated by the Content.
- The decisions or actions taken or avoided by the User based on the information provided on the Website, nor the damages suffered as a result of actions based solely on the information obtained therein, including without limitation the loss of profits or business opportunities.
SOMBREROS MENGUAL does not edit third-party content published on the website and, consequently, does not guarantee or assume responsibility for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of said content, nor for content owned by SOMBREROS MENGUAL .
5.3. Exclusion of liability for services provided by third parties through the Web.
The Website may provide the User with technical linking devices (such as links, banners, buttons), directories and search tools that allow access to websites belonging to and/or managed by third parties.
SOMBREROS MENGUAL does not offer or market, either directly or through third parties, the products and/or services available on these linked sites, nor does it assume any responsibility for the information contained therein, or for any damages that may arise from accessing them.
5.4. Exclusion of liability for the conduct of Users.
SOMBREROS MENGUAL will not be liable for damages of any kind arising from the use that Users make of the Website, as well as the Content or services offered on it, contravening these Terms and Conditions or the law.
6. HYPERLINKS.
Those who wish to establish hyperlinks between their website and this website must observe and comply with the following conditions:
- Prior authorization will not be required when the hyperlink only allows access to the website's homepage, but it may not be reproduced in any way. Any other type of hyperlink will require the express and unequivocal written authorization of SOMBREROS MENGUAL .
- The web page on which the hyperlink is established may only contain what is strictly necessary to identify the destination of the hyperlink.
- The website on which the hyperlink is established will not contain information or content that is illegal, contrary to morality and generally accepted good customs and public order, nor will it contain content that infringes on any third-party rights.
- SOMBREROS MENGUAL reserves the right to block hyperlinks to the website that do not have prior express authorization, even if they comply with the provisions of this section of the General Conditions.
7. ACTIONS IN CASE OF NON-COMPLIANCE.
MENGUAL HATS reserves the right to exercise any actions available under the law to demand the responsibilities arising from the breach of any of the provisions of these CGU by the User .
8. PARTIAL NULLITY.
The declaration of any of the clauses contained in these Terms and Conditions as null, invalid or ineffective will not affect the validity or effectiveness of the remaining clauses, which will continue to be binding between the parties.
9. PRIVACY AND COOKIES POLICY.
The processing of personal data is regulated in the Privacy Policy and the installation of cookies in the Cookies Policy , both available on the Web.
10. NOTIFICATIONS.
For the purpose of making the appropriate notifications, SOMBREROS MENGUAL designates as its contact address the one specified in the Legal Notice.
The email address that the User may provide during the registration process on the Website, if there is any registration, will be used by SOMBREROS MENGUAL for the purpose of making notifications to the User .
The User is obliged to keep the data referenced in this clause duly updated for notification purposes.
All notifications sent by SOMBREROS MENGUAL to the User will be considered validly delivered if they are sent using the data and through the means indicated above. SOMBREROS MENGUAL is not responsible for any damages that may arise from the User's failure to keep their contact information up to date.
11. APPLICABLE LAW AND JURISDICTION.
These Terms and Conditions shall be governed by the provisions of Spanish law.
Any dispute relating to the terms of use and access to this Website contained in this document of the Website's Terms of Use, the parties will submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the corresponding Courts.
