LEGAL NOTICE

1. PURPOSE

This Legal Notice regulates the use of the website https://www.macnificos.com (hereinafter the WEBSITE), of which CHEMIR S.A. is the owner. (hereinafter, the WEBSITE OWNER) with which we intend to comply with the obligations under Law 34/2002, of Information Society Services and Electronic Commerce (LSSICE or LSSI), as well as inform all the website users regarding the website terms of use.

In order to comply with Article 10 of Law 34/2002 on Information Society Services and Electronic Commerce, we inform users of our data:

  • Company Name: CHEMIR S.A.
  • Registered Office: C/ DEL TREBALL, 58 BIS, 08019 Barcelona
  • VAT NUMBER: A08829483
  • Telephone: 934392051
  • E-Mail: chemir@chemir.es
  • Website: https://www.chemir.es
  • Registration Data: This company is registered in the Commercial Registry of Barcelona, Volume _________ , folio ________ , sheet _______, Section _________ .

Using the WEBSITE OWNER’s site implies the condition of its user and full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be modified.

The user agrees to make proper use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice. The user shall be liable to the WEBSITE OWNER or to third parties for any damages that may be caused as a result of breach of this obligation.

All notifications and communications between users and the WEBSITE OWNER shall be considered effective, to all intents and purposes, when they are made by post or any other means of those detailed above.

2. CONDITIONS OF ACCESS AND USE

The website and its services are freely accessible and at no cost, however, the WEBSITE OWNER requires that the relevant form be completed before using certain services offered on their website.

The user guarantees that all data provided to the WEBSITE OWNER is truthful and up to date, and shall be solely responsible for any false or inaccurate statements made.

The user expressly undertakes to make appropriate use of the contents and services of the WEBSITE OWNER and not to use them for, among others:

  1. Disclose content that is criminal, violent, pornographic, racist, xenophobic, offensive, in support of terrorism or, in general, contrary to law or public order.
  2. Introduce computer viruses into the network or perform actions liable to change, damage, interrupt or cause errors or damage to electronic documents, data or physical and logical systems of the WEBSITE OWNER or third parties, and hinder the access of other users to the website and its services through the massive consumption of computer resources through which the WEBSITE OWNER provides its services.
  3. Attempt to access the e-mail accounts of other users or restricted areas of the computer systems of the WEBSITE OWNER or third parties and, where appropriate, extract information.
  4. Violate intellectual or industrial property rights, as well as violate the confidentiality of the WEBSITE OWNER or third parties information.
  5. Impersonate another user, public administration or a third party.
  6. Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless having obtained the authorisation of the owner of the corresponding rights or it is legally permitted.
  7. Collect data for advertising purposes and send advertising of any kind and communications for sales or other commercial purposes without their prior request or consent.

All the contents of the website, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to the WEBSITE OWNER, without being understood to be transferred to the user any of the rights of exploitation over them beyond what is strictly necessary for the proper use of the website.

Ultimately, users who access this website can view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, or installed on servers connected to networks, or are the object of any kind of exploitation.

Also, all trademarks, trade names or distinctive signs of any kind that appear on the website are the property of the WEBSITE OWNER, without it being understood that the use or access to it gives the user any rights over them.

The distribution, modification, cession or public communication of the contents and any other act that has not been expressly authorised by the owner of the exploitation rights are prohibited.

The establishment of the Hyperlink does not imply, in any case, the existence of relations between the WEBSITE OWNER and the owner of the website in which it is established, nor the acceptance and approval by the WEBSITE OWNER of its contents or services. Those who intend to establish a hyperlink must first request written permission from the WEBSITE OWNER. In any case, the hyperlink shall only allow access to the home page of our website; they must also refrain from making false, inaccurate or incorrect statements or indications about the WEBSITE OWNER, or include content that is illegal and contrary to good customs and public order.

The WEBSITE OWNER is not responsible for the use that each user gives to the materials made available on this website or the actions taken based on them.

The user undertakes, in those cases where data or information is requested, not to falsify their identity by pretending to be any other person.

3. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks and other intellectual property rights in the materials or content provided as part of the website are at all times owned by us or our licensors. You may use such material only as expressly authorised by us or our licensors. This shall not prevent you from using this website to the extent necessary to copy information about your order or Contact data.

Under the provisions set forth in Articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, the reproduction, distribution and public communication, including its method of making it available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, without the authorisation of THE WEBSITE OWNER are expressly prohibited.

4. LINKS, VIRUSES AND OTHER COMPUTER ISSUES

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other program or material that is technologically disruptive or harmful. You shall not attempt to gain unauthorised access to this website, the server on which the website is hosted or any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack.

Failure to comply with this clause could lead to the commission of infringements defined by the applicable regulations. We shall report any breach of such regulations to the relevant authorities and cooperate with them to discover the identity of the attacker. Furthermore, in the event of any breach of this clause, you shall immediately cease to be authorised to use this website.

We shall not be liable for any damage or loss resulting from a denial of service attack, viruses or any other technologically disruptive or harmful program or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or redirecting it.

In the event that our website contains links to other websites and third party materials, such links are provided for informational purposes only and we have no control over the content of such websites or materials. Therefore, we shall accept no responsibility for any damage or loss arising from its use.

5. DISCLAIMER OF GUARANTEE AND LIABILITY

The content of this website is of a general nature and has a merely informative purpose, without fully ensuring access to all content, or its completeness, correctness, validity or timeliness, or its suitability or usefulness for a specific purpose.

The WEBSITE OWNER excludes, to the extent permitted by law, any liability for damages of any kind arising from:

  1. The inability of accessing the website or the lack of veracity, accuracy, completeness and/or timeliness of the contents, as well as the existence of faults and defects of all kinds of content transmitted, shared, stored, made available to those who have accessed through the website or services offered.
  2. The presence of viruses or other elements in the contents that may cause alterations in computer systems, electronic documents or user data.
  3. Failure to comply with laws, good faith, public order, traffic uses and this legal notice as a result of incorrect use of the website. In particular, and by way of example, the WEBSITE OWNER is not responsible for the actions of third parties that violate intellectual property rights, business secrets, rights to honour, personal and family privacy and image, as well as rules on unfair competition and illegal advertising.

Likewise, the WEBSITE OWNER declines any responsibility with regard to the information found outside this website and not managed directly by the WEBSITE OWNER. The use of the links that appear on this website is exclusively to inform the user about the existence of other sources capable of expanding the content offered by this website. The WEBSITE OWNER does not ensure nor is it responsible for the functioning or accessibility of the linked sites; nor does it suggest, invite or recommend a visit to them, so it shall not be responsible for the result obtained. The WEBSITE OWNER is not responsible for the establishment of hyperlinks by third parties.

The WEBSITE OWNER does not ensure the continuous and permanent availability of services, thus being relieved of any liability for possible damages caused as a result of lack of service availability for reasons of force majeure or errors in the telematic networks of data transfer, beyond their control, or for disconnections made by work to improve or maintain computer equipment and systems. In these cases, the WEBSITE OWNER shall make its best efforts to warn 24 hours before the interruption. The WEBSITE OWNER shall not be liable for the interruption, suspension or termination of information or services. Likewise, it is not responsible for possible omissions, loss of information, data, configurations, improper access or breach of confidentiality arising from technical problems, communications or human omissions, caused by third parties or not attributable to the WEBSITE OWNER. Nor shall it be liable for damages caused by computer attacks or viruses affecting computer programs, communications systems or equipment used by the WEBSITE OWNER but manufactured or provided by a third party. The WEBSITE OWNER may, at its sole discretion, deny, withdraw, suspend and/or block at any time and without notice access to information and services to those users who fail to comply with these rules.

Except in cases where the law expressly imposes the contrary, and exclusively to the extent that it imposes, the application does not ensure or assume any liability for any damages caused by the use of information, data and services of the WEBSITE OWNER.

In any case, the WEBSITE OWNER excludes any liability for damages that may be due to the information and/or services provided or supplied by third parties other than the Company. The entire liability of the third party, whether supplier, collaborator or otherwise.

6. OTHER TERMS

Partial invalidity

If any of these Conditions or any provision of a contract is declared null and void by final resolution issued by a relevant authority, the remaining terms and conditions shall remain in force, unaffected by such declaration of nullity.

Agreement

These Terms and any documents expressly referred to herein constitute the entire agreement between you and Chemir S. A. in relation to the subject matter hereof and supersede any prior agreement, understanding or promise made between you and us orally or in writing.

You and Chemir S. A. have agreed to enter into a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or document in the negotiations entered into by the two parties prior thereto, except as expressly referred to in these Conditions.

Neither you nor Chemir S. A. shall have any action against any untrue statement made by the other party, oral or written, prior to the date of a contract (unless such untrue statement was made fraudulently) and the only action available to the other party shall be for breach of contract in accordance with these Terms.

Chemir S. A. reserves the right to modify the Terms and Conditions. The amendments made shall not be retroactive. If you do not agree with the changes made, we recommend you not to use to the website.

Applicable legislation and jurisdiction

The use of the 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 current legislation.

Suggestions and complaints

Complaints and claims to our customer service shall be dealt with as soon as possible and, in any case, within the legally established period.

If you, as consumer, believe that your rights have been violated, you may send your complaints by e-mail to info@macnificos.com in order to request an out-of-court settlement of disputes.

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity in the web pages included or accessible through the website, must send a duly identified  notification to the WEBSITE OWNER, specifying the alleged violations and expressly declaring under its responsibility that the information provided in the notification is accurate.

For any litigious matter concerning the website of the WEBSITE OWNER, Spanish law shall apply, being competent the Courts and Tribunals of Spain.