OBJECT
These General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") regulate the use of the websitedecoracionchillout.com (hereinafter, the Website) that GRUPO DECOCHILLOUT SL. (hereinafter "Decoración Chill Out"), places at the disposal of persons accessing its Website in order to provide them with information on 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").
Decoración Chill Out, con domicilio social en Calle Alfarnatejo 11, Málaga (29006), es titular del presente Sitio Web cuya utilización se regula mediante este documento, con CIF número B04971651. Para contactar con Decoración Chill Out, puede utilizar la dirección de correo postal arriba indicada, así como la dirección de correo electrónica info@decoracionchillout.com.
Due to the very nature of the Website, as well as its content and purpose, practically all browsing that can be carried out on it must be done with the status of Client, which is acquired in accordance with the procedures set out therein. Therefore, the aforementioned condition of Client implies adherence to the General Conditions in the version published at the time of accessing the Website. Decoration Chill Out reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, Chill Out Decoration recommends the Client to read them carefully each time he/she accesses the Website.
In any case, there are pages of the Website accessible to the general public, in respect of which Decoration Chill Out also wishes to comply with its legal obligations, as well as to regulate the use of these pages. 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, 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 Terms and Conditions may be modified or changed. Therefore, the Client, 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 their access will be applicable to them.
ACCESS AND SECURITY
Access to the Services requires the prior registration of the users, once they accept the General Conditions, and they will be considered as Clients.
The Customer's identifier will consist of his e-mail address and a password. In order to access the Customer's own account, it will be necessary to include this identifier, as well as a password containing at least 4 characters.
The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this regard, the Client 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 Customer knows or suspects the use of his/her password by third parties, he/she must change it immediately, in the manner described on the Website.
CORRECT USE OF SERVICES
The Customer 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:
- Use the Services in a manner, for purposes or with effects contrary to 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 authorised by the owner of the corresponding rights or it is legally permitted.
- To carry out any act that may be considered an infringement of any intellectual or industrial property rights belonging to Decoración Chill Out or third parties.
- To use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose such information in any way.
The Client shall be liable for damages of any kind that Decoration Chill Out may suffer, on the occasion of or as a consequence of the breach of any of the aforementioned obligations as well as any others included in these General Conditions and/or those imposed by Law in relation to the use of the Website.
Decoración Chill Out shall at all times ensure that the current legal system is respected, and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the Website in the event of the presumed commission, complete or incomplete, of any of the crimes or offences defined by the current Penal Code, or in the event of any conduct which, in the opinion of Chill Out Decoration, is contrary to these General Terms and Conditions, the General Terms and Conditions of Contract which apply to this Website, the Law, the rules established by Chill Out Decoration or its collaborators, or which may disturb the proper functioning, image, credibility and/or prestige of Chill Out Decoration or its collaborators.
PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of Decoración Chill Out or of third parties, whose rights in this respect are legitimately held by Decoración Chill Out, 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 Clients who send observations, opinions or comments to the Website by means of the e-mail service or by any other means, in cases where the nature of the Services makes this possible, it is understood that they authorise Decoración Chill Out to reproduce, distribute, publicly communicate, transform and exercise any other right of exploitation of such observations, opinions or comments, for as long as the copyright protection is legally established and without territorial limitation. It is also understood that this authorisation is given free of charge.
Claims that may be lodged by Customers in relation to possible breaches of intellectual or industrial property rights over any of the Services on this Website should be sent to the following e-mail address:info@decoracionchillout.com.
EXCLUSION OF WARRANTIES AND LIABILITY
Regardless of what is established in the General Conditions of Contract relating to the contracting of goods included in this Website, Decoración Chill Out is not responsible for the veracity, 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.
Decoration Chill Out reserves the right to interrupt access to the Website, 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, maintenance, power failure or any other justified cause.
Consequently, Decoration Chill Out does not guarantee the reliability, availability or continuity of its Website or the Services, so that the use of the same by the Client is carried out at their own risk, and Decoration Chill Out cannot at any time be held liable in this respect.
Decoración Chill Out shall not be liable in the event of interruptions to the Services, delays, errors, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of Decoración Chill Out, and/or due to the wilful or negligent actions of the Client and/or due to fortuitous events or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also be understood to include, for the purposes of these General Conditions, all events beyond the control of Chill Out Decoration, 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 Decoración Chill Out has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, Decoración Chill Out will not assume any responsibility for direct or indirect damage, consequential damage and/or loss of profit.
Decoración Chill Out 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. Decoración Chill Out will try as far as possible to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of veracity. Nevertheless, it will be exonerated from responsibility for its failure to update or rectify, as well as for the contents and information contained therein. In this sense, Decoración Chill Out has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by the Clients or collaborators, except in cases where this is required by current legislation or when required by a competent Judicial or Administrative Authority.
Likewise, Decoración Chill Out 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 in them.
Decoration Chill Out is not responsible for the use that the Client makes of the Services of the Website nor of its passwords, as well as of any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.
The Client undertakes to hold Decoración Chill Out harmless for any damage, harm, sanction, expense (including, without limitation, lawyers' fees) or civil, administrative or any other type of liability that Decoración Chill Out may suffer that is related to the breach or partial or defective compliance on its part of the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data included in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
Decoración Chill Out does not guarantee or assume any type of responsibility for damages suffered by access to third party services through connections, links or links of the linked sites or for the accuracy or reliability of the same. The function of the links that appear on Decoración Chill Out is exclusively to inform the Client about the existence of other sources of information on the Internet, where he/she can expand the Services offered by the Portal. Decoración Chill Out will in no case be responsible for the results obtained through these links or for the consequences arising from access to them by the Clients. These third party services are provided by third parties, so Decoración Chill Out cannot control and does not control the legality of the services or their quality. Consequently, the Client must exercise extreme caution 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 issues that may arise, Spanish legislation will be applicable and in the event of a dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, renouncing any other jurisdiction that may correspond to them.