TITLE I "GENERAL INFORMATION AND ACCEPTANCE OF GENERAL USE CONDITIONS CONCERNING MIKNESA"
1. OWNERSHIP OF THEMIKNESA
MIKNESA S.L. (hereinafter referred to as MIKNESA), is placed in Mequinenza, Ctra. de Fraga nº21 Bajos, 50170 Zaragoza , with C.I.F. B-50967116, registered at Zaragoza Mercantile Register, Volume 2928, Sheet 14, Page Z-33409, first registration is the ownership of the Website www.miknesa.es, (from now the Website / the Store), this website is at Internet users disposal, with the proposes of providing information about MIKNESA products and offers, as well as to explain the services offered by MIKNESA through the Website.
2. GENERAL UTILIZATION CONDITIONS AND ACCEPTANCE
2.1. Present General Utilization Conditions, general and particular conditions, that may be established, have the purpose of regulate the disposition of the information as well as the commercial relationship between MIKNESA and the Website users. User condition is acquired by the surf and /or by the use of any service included in the Website. Surf, use and/or purchase any product of the Website involves the acceptance of the user, without reservations of any kind, of each and every General Utilization Conditions and General Contracting Conditions that in this case are in force about property acquisition or about the provision of services.
2.2. MIKNESA may at any time without prior notice, alter these present General Conditions, as well as General Contracting Conditions indicated in the next Title III, and/or particular conditions. New conditions will be publicated on the web for user knowledge and always before surfing the Website or purchasing any offered goods.
TITLE II: "WEBSITE GENERAL UTILIZATION CONDITIONS"
These General Conditions will be applied to promotional activity, provision of information made through the Website, acquisition of property and/or provision of offered services in the Website. At any time General conditions are in forced for surfing the Web as well as purchasing goods and/or services provision, these last activities will be complied with General Utilization Conditions, with General Contracting Conditions and with particular conditions (that in this case, there may be).
1. PERSONAL DATA PROTECTION POLICY.
1.1. In accordance with the Personal Data Protection, stipulated in the Organic Law 15/1999, of 13 December, we inform you that all personal data provided to us will be included in MIKNESA data files, to be able to give and to offer you our services as well as to inform you about the Website improvements.
1.2. Sending emails or filling in the forms included in this website implies the express users consent of including their personal data in the MIKNESA 's data files. Additionally, users allow their data to be used for sending them commercial communications, information and/or promotion of the MIKNESA activities by email or any other ways.
1.3 MIKNESA guarantees the security and confidentiality of the data provided by users. In this way, pledges to comply with its obligation to ensure the secrecy of personal data and its duty to treat such data as confidential, and will, to this end, take all necessary measures to prevent these data being altered, lost, or processed or accessed without authorisation. Therefore, all the information about our customers will not be used for commercial purposes or will be ceded to third parties.
1.4. Users can exercise the rights of access, rectification, cancellation and opposition within the terms outlined in Organic Law 15/1999 Data Protection, simply notifying it by mail, fax or email.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY.
2.1. All contest showed in the Website and especially, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs of industrial and commercial use are subject to intellectual and industrial MIKNESA property rights or the corresponding owners.
2.2. In any case the user will understand that licence is granted. MIKNESA does not make renounces, transfers, total or partial agreetments to thirds of mentioned rights. MIKNESA confers no right or right expectation, and in particular, alteration, exploitation, reproduction, distribution or public communication about mentioned contents without MIKNESA or holders prior express permission.
3. MIKNESA RESPONSIBILITY.
3.1 MIKNESA, will only take responsibility for damages that user can suffer as a result of utilization of the Store and when these damages were attributable to fraudulent action of the company. User admits and accepts that utilization of the Store, as well as purchase of offered goods is carried out on his own risk.
3.2 MIKNESA is not responsible for derived damages,with expository and no limiting character
(i) Inferences, omissions, interruptions, computer virus, breakdowns and/or disconnections in the operative operation of this electronic system or in user’s appliances and computer system, motivated by reasons out of MIKNESA control, these problems may impede or delay the provision of services or surf the System; (ii) Delays or bloackages in the use caused by faults, Internet overloads or in other electronic systems; (iii) they may be caused by thirds through illegitimate interferences out of Store control and not attributable to MIKNESA; (iv) information divergences, documentation and/or other contents of the Store that might exist between the electronic and printed version; (v) impossibility to give the Service or allow the access because of causes not imputable to MIKNESA owing to User, thirds or to cases of force majeure.
3.3 MIKNESA does not control, with general character, the use that users make in the Store. In particular MIKNESA does not guaranteed under any circumstances that users use the Service in accordance with the law, and present General Conditions, the moral or good habits generally accepted, public order or in a diligent and prudent way.
4. USERS OBLIGATIONS
4.1. With general character the user is obligated to compliance with General Conditions, with applicable Particular Conditions, with special warnings or instructions for use contain in the Store and act according to law, goods habits and requirements of good faith, using the properly diligence to the nature of service, abstaining from using the Store in any way that may impede, damage or deteriorate a normal operation, MIKNESA’s assets or rights, its suppliers, and the rest of the Users or in general of thirds.
4.2. Specifically, and without restriction to the assumed obligation by the User with general character in accordance with the previous section. Obligation. User obligations: (i) in case of registration, User is obligated to provide truthfull data and to update them;(ii) do not enter, store or distribute to or from the Store, any libellous information or material, slanderous, obscene, threatening, xenophobe, incites to violence or to race, sex, ideology, religion discrimination or in any way affect the moral, the public order, basic rights, public liberties, the honor, the intimacy or third’ image and in general regulations under current regulations; (iii) do not enter, store or issue through the Store any computer program, data, virus, code, hardware equipment, telecommunications or any other instrument, electronic and physical device sensitive to cause damages in the Store, in any Service, in Labotienda’s net or systems, of any user, Labotienda’s supplies or in general to thirds; (iv) to guard properly the “User’s name” and the “Password” given by MIKNESA to the Users, as identifier and authorized elements for accessing to the Services. MIKNESA undertakes not to transfer the use and not to allow the access to third, assuming the responsibility for any damages derived from bad use. Likewise the user undertakes to communicate to MIKNESA, as soon as possible, his loss/theft and any access risk to “User’s name” and/or the “Password” by a third; (v) do not do publicity, promotional or explotation commercial activities through the Store, not using the contents and in particular obtained information thanks to the Store for sending publicity, messages for direct marketing purposes or any other commercial purpose and for picking up or storing personal data of third; (vi) do not use false identities or impersonate people’s identities using the Store or any Services, including utilization of passwords and third’s access keys; (vii) do not destroy, distort, use for own use or damage Labotienda’s informations, programs or electronic documents, its suppliers or third; (viii) do not enter, store or issue through the Store other contents which violate intellectual and industrial right or third’s business secrets.
For the purposes of present General Conditions, and for any communication required between MIKNESA and the User, users should contact Customer Care Service by e-mail to the following address: firstname.lastname@example.org
Communications between MIKNESA and User will realize according to the data provided by the user when he registered at the Store. User accepts specifically for every communications related to the use of the Store, and/or acquisition of property, use of e-mail as a valid procedure for remitting of those communications.
6. APPLICABLE LAW. SUBMISSION TO JURISDICTION.
6.1. Present conditions will be governed by Spanish law, that will be applicable in this contract about interpretation, validity and implementation.