Terms and conditions of use

OBJECT:

These General Conditions of Use, Privacy Policy and Sale (hereinafter the "General Conditions") regulate the use of the website www.germinarte.es (hereinafter the Website) that Germinarte, S.L. (hereinafter "GERMINARTE"), makes available to persons accessing its Website in order to provide them with information on products and services, both their own and/or those of third-party collaborators, and to facilitate their access to them, as well as the procurement of services and goods by means of it (collectively referred to as "Services").

GERMINARTE, with registered office at Calle Jose Todoli Cucarella, 30 1º p.1 de Alzira (Valencia), is a Spanish limited liability company that owns this Web Site, the use of which is regulated by this document, with CIF number B-98400427 and registered in the Mercantile Registry of Valencia with date 12 December 2011in Volume 9404, Sheet V-146289, Folio 95, first registration. To contact GERMINARTE, you can use the postal address indicated above, as well as the e-mail address info@germinarte.es.

By the very nature of the Web Site, as well as its content and purpose, almost all of the navigation that can be carried out by it must be done with the status of Customer, which is acquired in accordance with the procedures laid down therein. Therefore, the above mentioned condition of Client supposes the adherence to the General Conditions in the version published at the moment of accessing the Website. GERMINARTE reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, GERMINARTE recommends the Customer to read the same carefully each time they access the Website.

In any case, there are pages of the Website accessible to the general public, in respect of which GERMINARTE also wishes to comply with its legal obligations, as well as to regulate the use thereof. In this sense, users who access these parts of the Website agree to be subject, by the fact of accessing these pages, by the terms and conditions contained in these General Conditions, to the extent that this may apply to them.

Finally, due to the nature of this Web Site, changes in the content of these General Conditions may be made or included. Therefore, the Customer, as well as other users who do not enjoy this condition, are obliged to access these General Conditions every time they access the Website, assuming that the relevant conditions in force at the time of their access will apply to them.

ACCESS AND SECURITY:

Access to the Services requires the prior registration of the users, once they accept the General Conditions, becoming considered as Clients.

The Customer ID will consist of your email address and password. Access to the Client’s own account requires the inclusion of this identifier, as well as a password that must contain at least 8 characters.

The use of the password is personal and non-transferable, being not allowed the cession, not even temporary, to third parties. In this regard, the Client undertakes to make diligent use of and to keep secret the same, 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 password by third parties, he must modify it immediately, in the manner in which it is collected on the Website.

CORRECT USE OF THE SERVICES:

The Customer undertakes to use the Services diligently, correctly and lawfully and, in particular, on a purely declarative and non-exclusive basis, undertakes to refrain from:

    · use the Services in a way that is contrary to the law, to generally accepted morality and morality or to public order.

    · reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorised by the holder of the rights concerned or legally permitted.

    · perform any act that may be considered a violation of any intellectual or industrial property rights belonging to GERMINARTE or to third parties.

    · use the Services and, in particular, information of any kind obtained through the Website for the purposes of advertising, communications for the purposes of direct sale or for any other commercial purpose, unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as marketing or otherwise disseminating such information.

The Customer shall be liable for damages of any nature that on the occasion of or as a consequence of the breach of any of the above obligations as well as any other obligations included in these General Conditions and/or those imposed by the Law in relation to the use of Website.

GERMINARTE shall at all times ensure respect for the legal order in force, and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Customer from the Website in the event of alleged commission, complete or incomplete, of any of the offences or misdemeanours established by the current Criminal Code, or if it observes any conduct that GERMINARTE deems contrary to these General Conditions, the General Conditions of Contract operating for this Web Site, the Law, the rules established by GERMINARTE or its collaborators or may disturb the proper functioning, image, credibility and/or prestige of GERMINARTE or its collaborators.

RIGHT TO OWN PROPERTY:

All contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of GERMINARTE or third parties, whose rights in this respect are legitimately held by GERMINARTE and are therefore protected by national and international law.

The use of all items subject to industrial and intellectual property for commercial purposes and their distribution, modification, alteration or decompiling shall be strictly prohibited.

Violation of any of the above-mentioned rights may constitute a violation of these provisions, as well as an offence punishable under articles 270 ff of the Criminal Code.

Those Clients who send to the Website comments, opinions or comments through the e-mail service or by any other means, in cases where by the nature of the Services this is possible, it is understood to authorise GERMINARTE for the reproduction, distribution, public communication, transformation, and exercise of any other right of exploitation, such observations, opinions or comments, for as long as copyright protection is provided by law and without territorial limitation. It is also understood that this authorization is given free of charge.

Any claims that may be made by Clients regarding possible breaches of intellectual or industrial property rights over any of the Services of this Web Site should be addressed to the following email address: info@germinarte.es.

EXCLUSION OF WARRANTY AND LIABILITY:

Regardless of the provisions of the General Conditions of Contract regarding the procurement of goods contained in this Web Site, GERMINARTE is not responsible for the veracity, accuracy and quality of this Web Site, its services, information and materials. These services, information and materials are presented "as is" and are accessible without guarantees of any kind.

GERMINARTE reserves the right to discontinue access to the Website, as well as the provision of any or all of the Services provided through the Website at any time and without prior notice, for technical reasons, safety, control, maintenance, power failure or for any other justified reason.

Consequently, GERMINARTE does not guarantee the reliability, availability or continuity of its Website or Services, and therefore the use of the same by the Customer is carried out at its own risk, without, at any time, being able to hold GERMINARTE to account in this regard.

GERMINARTE shall not be liable in case of interruptions of the Services, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes beyond the control of GERMINARTE, and/or due to a malicious or culpable action of the Client and/or originates from fortuitous cases or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, they shall be deemed to be included in the concept of force majeure, and for the purposes of these general conditions, all events occurring outside the control of GERMINARTE, such as failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of public authorities, others produced as a result of natural phenomena, blackouts, etc and attacks by hackers or third parties specialised in the security or integrity of the computer system, provided that EGMLT has taken reasonable safety measures in accordance with the state of the art. In any case, whatever its cause, GERMINARTE will not assume any responsibility for direct or indirect damages, emergent damages and/or loss of profits.

GERMINARTE excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as by the Services provided or offered by third parties or entities. GERMINARTE will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of veracity. However, you will be exonerated from liability for not updating or rectifying them, as well as for the contents and information contained therein. In this sense, GERMINARTE 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 where required by the legislation in force or when required by a competent judicial or administrative authority.

Similarly, GERMINARTE 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 alteration in the computer systems as well as documents or systems stored in them.

GERMINARTE is not responsible for the use made by the Customer of the Services of the Website or its passwords, as well as any other material of the Website, infringing the intellectual or industrial property rights or any other rights of third parties.

The Client undertakes to keep GERMINARTE unscathed, for any damage, damage, penalty, expense (including, without limitation, attorney’s fees) or civil, administrative or other liability, that may be affected by GERMINARTE which is related to its partial or defective non-compliance or compliance with the provisions of these General Conditions or applicable legislation, and, in particular, in relation to its obligations relating to the protection of personal data contained in these conditions or laid down in the LOPD and implementing rules.

LINKS TO OTHER WEBSITES:

GERMINARTE does not guarantee or assume any liability for the damages suffered by access to Third Party Services through connections, links or links to the linked sites or to their accuracy or reliability. The function of the links that appear in GERMINARTE is exclusively to inform the Customer about the existence of other sources of information on the Internet, where he can expand the Services offered by the Portal. GERMINARTE shall in no case be liable for the result obtained through such links or for the consequences arising from the Clients' access to them. These Third Party Services are provided by them, so GERMINARTE cannot control and does not control the lawfulness of the Services or their quality. Consequently, the Customer must exercise extreme prudence in the valuation and use of the information and services existing in the contents of third parties.

APPLICABLE LAW AND JURISDICTION:

For any questions of interpretation or litigation that may arise, Spanish law shall apply, and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may be theirs, to the jurisdiction of the Courts and Tribunals of the city of ALZIRA.