Legal notice

In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE), the identifying details of the entity or person who owns this website are set out below.

Name or company name: JOSE MARÍA MANRESA ALDEGUER CIF/NIF: 33496363-Z Registered Address: C. RAMÓN VICENTE SERRANO 35, 03206 ELCHE Telephone: 686 79 38 61 E_mail: INFO@TOLDOSMIAMI.ES

JOSE MARÍA MANRESA ALDEGUER is the owner of the domain name and Internet page which can be accessed at the following address: https://toldosmiami.es/

I. Object

The present General Conditions of Use regulate the use of the website https://toldosmiami.es/ that JOSE MARÍA MANRESA ALDEGUER (hereinafter JOSE MARÍA MANRESA ALDEGUER), places at the disposal of the persons who access its website with the aim of providing information about products and services, its own and/or those of third party collaborators, and to facilitate access to the same, as well as the contracting of services and goods through the same (all of which are jointly referred to as the ‘Services’).

To contact JOSE MARÍA MANRESA ALDEGUER, you can use the postal address above, as well as the e-mail address INFO@TOLDOSMIAMI.ES, and the telephone number 686 79 38 61.

Due to the very nature of the Website, as well as its content and purpose, practically all of the browsing that can be carried out on it must be done with the condition of User, which is acquired according to the procedures set out therein. Therefore, the aforementioned condition of User implies adherence to the General Conditions in the version published at the time of accessing the Website. JOSE MARÍA MANRESA ALDEGUER reserves the right to modify, at any time, the presentation and configuration of the Web Site, as well as these General Conditions. Therefore, JOSE MARÍA MANRESA ALDEGUER recommends the User to read them carefully each time he/she accesses the Web Site.

In any case, there are pages of the Web Site accessible to the general public, with respect to which JOSE MARÍA MANRESA ALDEGUER also wishes to comply with its legal obligations, as well as to regulate the use of the same. In this sense, users who access these parts of the Web Site agree to be subject, by accessing the aforementioned pages, to the terms and conditions set out in these General Conditions, insofar as they 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 include changes. Therefore, the User, as well as other users who do not enjoy this condition, are obliged to access the present General Conditions each time they access the Website, assuming that the corresponding conditions in force at the time of access will be applicable to them.

II. Access and security

Access to the Services requires the prior registration of the users, once they have accepted the General Conditions, becoming considered as Users and forming part of the so-called ‘Private Community of JOSE MARÍA MANRESA ALDEGUER’. The User’s identifier will consist of their e-mail address and a password. In order to access the User’s own account, it will be necessary to include this identifier, as well as a password which must contain at least 8 characters.

The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this sense, the User undertakes to use it diligently and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the User knows or suspects that his or her password is being used by third parties, he or she must change it immediately, in the manner described on the Website.

III. Correct use of services

The User undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and without limitation, undertakes to refrain from:

(a) use the Services in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order;
(b) reproduce or copy, distribute, allow access to the public through any form of public communication, transform or modify the Services, unless authorised by the owner of the corresponding rights or permitted by law;
(c) carry out any act that may be considered an infringement of any intellectual or industrial property rights belonging to JOSE MARÍA MANRESA ALDEGUER or to third parties;
(d) use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for the purposes of direct sales or for any other commercial purpose, unsolicited messages addressed to a number of persons regardless of their purpose, as well as to market or disclose such information in any way;

The User will be liable for damages of any kind that JOSE MARÍA MANRESA ALDEGUER may suffer, on the occasion of or as a consequence of the non-fulfilment of any of the obligations set out above as well as any others included in these General Conditions and/or those imposed by Law in relation to the use of the Web Site.

JOSE MARÍA MANRESA ALDEGUER will at all times ensure that the current legal system is respected, and will be entitled to interrupt, at its sole discretion, the Service or exclude the User from the Website in the event of the alleged commission, complete or incomplete, of any of the crimes or offences typified by the current Criminal Code, or in the event of any conduct which, in the opinion of JOSE MARÍA MANRESA ALDEGUER, is contrary to these General Conditions, the General Conditions of Contract which apply to this Web Site, the Law, the rules established by JOSE MARÍA MANRESA ALDEGUER or its collaborators, or which may disturb the good functioning, image, credibility and/or prestige of JOSE MARÍA MANRESA ALDEGUER or its collaborators.

IV. Property rights

All the contents of the Web Site, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of JOSE MARÍA MANRESA ALDEGUER or of third parties, whose rights in this respect are legitimately held by JOSE MARÍA MANRESA ALDEGUER, and are therefore protected by national and international legislation.

It is strictly forbidden to use all elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation.

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable under Articles 270 et seq. of the Penal Code.

Those Users who send observations, opinions or comments to the Web Site by means of the e-mail service or by any other means, in those cases where this is possible due to the nature of the Services, it is understood that they authorise JOSE MARÍA MANRESA ALDEGUER for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for the whole period of copyright protection that is legally established and without territorial limitation. It is also understood that this authorisation is given free of charge.

Any complaints that may be lodged by Users in relation to possible breaches of intellectual or industrial property rights regarding any of the Services on this Website should be sent to the following e-mail address: INFO@TOLDOSMIAMI.ES.

V. Disclaimer of warranties and liability

Regardless of what is established in the General Conditions of Contract relating to the contracting of goods contained in this Website, JOSE MARÍA MANRESA ALDEGUER accepts no responsibility for the truthfulness, accuracy and quality of this Website, its services, information and materials. Said services, information and materials are presented ‘as is’ and are accessible without guarantees of any kind.

JOSE MARÍA MANRESA ALDEGUER reserves the right to interrupt access to the Web Site, as well as the provision of any or all of the Services provided through the same at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power failures or for any other justified cause.

Consequently, JOSE MARÍA MANRESA ALDEGUER does not guarantee the reliability, availability or continuity of its Web Site or the Services, so that the use of the same by the User is carried out at his/her own risk, without JOSE MARÍA MANRESA ALDEGUER being liable at any time in this respect.

JOSE MARÍA MANRESA ALDEGUER will not be held responsible in the event of interruptions to the Services, delays, errors, malfunctioning of the same and, in general, other inconveniences that have their origin in causes beyond the control of JOSE MARÍA MANRESA ALDEGUER, and/or due to the wilful or negligent action of the User and/or have their origin in fortuitous events or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure will also be understood to include, for the purposes of these General Conditions, all those events beyond the control of JOSE MARÍA MANRESA ALDEGUER, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc and the attack of hackers or third parties specialised in the security or integrity of the computer system, provided that JOSE MARÍA MANRESA ALDEGUER has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, JOSE MARÍA MANRESA ALDEGUER will not assume any responsibility for direct or indirect damage, consequential damage and/or loss of profit.

JOSE MARÍA MANRESA ALDEGUER excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as for the Services provided or offered by third parties or entities. JOSE MARÍA MANRESA ALDEGUER will try as far as possible to update and rectify any information on its Web Site that does not comply with the minimum guarantees of veracity. However, it shall not be liable for any failure to update or rectify it or for the content and information contained therein. In this sense, JOSE MARÍA MANRESA ALDEGUER has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Users or collaborators, except in cases where this is required by current legislation or when required by a competent Judicial or Administrative Authority.

Likewise, JOSE MARÍA MANRESA ALDEGUER 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 alterations in the computer systems as well as in the documents or systems stored therein. JOSE MARÍA MANRESA ALDEGUER accepts no responsibility for the use made by the User of the Website Services or of their passwords, as well as of any other material of the same, infringing the intellectual or industrial property rights or any other third party rights. The User undertakes to hold JOSE MARÍA MANRESA ALDEGUER harmless for any damage, harm, sanction, expense (including, without limitation, lawyers’ fees) or civil, administrative or any other type of liability that JOSE MARÍA MANRESA ALDEGUER may suffer that is related to the breach or partial or defective compliance by the User with the provisions of these General Conditions or applicable legislation, that JOSE MARÍA MANRESA ALDEGUER may suffer that is related to the non-fulfilment or partial or defective fulfilment on its part of what is established in the present General Conditions or in the applicable legislation, and, in particular, in relation to its obligations relating to Abogados Urbanistas of a personal nature included in the present conditions or established in the LOPD and development regulations.

VI. Links to other websites

JOSE MARÍA MANRESA ALDEGUER does not guarantee or assume any type of responsibility for damages suffered by accessing third party services through connections, links or links of the linked sites, nor for the accuracy or reliability of the same. The function of the links that appear in JOSE MARÍA MANRESA ALDEGUER is exclusively to inform the User about the existence of other sources of information on the Internet, where he/she can extend the Services offered by the Portal. JOSE MARÍA MANRESA ALDEGUER will in no case be responsible for the results obtained through these links or for the consequences arising from access by Users to them. These third party services are provided by third parties, for which reason JOSE MARÍA MANRESA ALDEGUER cannot control and does not control the legality of the services or their quality. Consequently, the User must exercise extreme caution when evaluating and using the information and services contained in third-party content.

VII. Applicable law and jurisdiction

The use of this website and contracts for the purchase of products through this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause shall affect your rights as a consumer under applicable law.