General conditions of access and use of the website www.fotoluminiscente.es
This document establishes the General Conditions of Use by USERS who access the website www.fotoluminiscente.es owned by Moises Galve (hereinafter The Owner) with NIF: 17751133D, with registered office at C/B Nave 2 - PI. La Ermita, 50171 - La Puebla de Alfinden -Zaragoza. Access to the website of THE OWNER implies unreserved acceptance of these General Conditions of Use.
1. Information and contractual documentation. Acceptance of the contracting party
These General Conditions of Use as well as the General Contract Conditions of the different services that are made available to the user on the website of THE OWNER www.fotoluminiscente.es are permanently displayed on the website owned by THE OWNER www. .fotoluminiscente.es and any user can file them, print them and, therefore, be previously informed of the conditions of use of the site as well as the contracting conditions under which the different services will be provided.
Likewise, these General Conditions are reiterated each time a USER registers on the website through the form that exists for this purpose for its express acceptance by the CONTRACTING PARTY, by clicking on "I read and accept the conditions".
It is not technically possible for the USER to complete the registration as a user in fotoluminiscente.es without the acceptance of these General Conditions. Registration as a USER entails the sending by THE OWNER of a user code and a password to access the exclusive, private and secure area of the USER from which he will make the specific requests for services he wishes to hire and which will be governed by in turn by their specific General Contract Conditions. By accepting these conditions, THE USER gives his express and unreserved consent for THE OWNER to carry out the necessary collection operations for the acquisition of the services he contracts. Therefore, the USER gives his consent, expressly authorizing THE OWNER to charge the payment methods that he himself enters from a secure area and, therefore, the operations that THE OWNER performs either by domiciling in the USER's checking account, or making a charge to your card or any other payment method entered by the USER are considered authorized for the purposes of Law 16/2009, of November 13, on payment services.
The USER declares to be of legal age, have sufficient capacity to contract and have read, understood and accepted these Conditions.
Regarding the acquisition of products or services that the USER is making, THE OWNER, at the time of contracting and within a period not exceeding twenty-four hours, sends it to the email address that the CONTRACTING PARTY has specified in the form user registration as the main contact route, delivery note or supporting invoice with a description of the contracted product or service, cost -with a breakdown of taxes if applicable- and period for which it is contracted to thus confirm the request for services. Likewise, the CONTRACTING PARTY will continue to have available permanently in its private area both these General Conditions and all the General Contracting Conditions of the different services as well as the details of the specific services that it has contracted or acquired and the period of validity of the same together with the supporting invoices of the payment. Any subsequent modification of these General Conditions or of the General Conditions of Contract or purchase of products and/or services, will be, on the one hand, notified to the CONTRACTING PARTY via email fifteen days in advance and, on the other, clearly displayed in an easily accessible place on the fotoluminescente.es website. All the aforementioned documentation may be printed and filed by the CONTRACTING PARTY, which may request it at any time via email to firstname.lastname@example.org or by phone at 976102518.
The website of THE OWNER has been made to provide professional services for the sale and supply of luminescent materials and thus facilitate access by USERS to all information about their characteristics, about the entity THE OWNER itself and about others. complementary information that THE OWNER includes directly or through the corresponding links. From the website of THE OWNER, users will be able to purchase the products that are offered.
3. Conditions of access and use
The use of the website fotoluminiscente.es does not imply the obligation of registration or registration of the USER. This registration will only be necessary to contract services by entering certain data in a USER registration form where these General Conditions of use are reiterated -see clause 1 of these Conditions. The conditions of access and use of the website of THE OWNER are strictly governed by current legislation and by the principle of good faith, the USER committing to make good use of the website. Therefore, all acts that violate the law, rights or interests of third parties, the right to privacy and honor, data protection, intellectual property and ultimately any action that may constitute illegal conduct are prohibited. Expressly and without limitation THE OWNER prohibits the following:
Carry out actions that may produce on the website or through it by any means any type of damage to the systems of THE OWNER or to third parties
Carry out without proper authorization any type of advertising or commercial information directly or covertly, sending unsolicited mass emails (“spamming”) or sending large messages in order to block network servers (“mail bombing”) . THE OWNER receives notifications from different impartial organizations that fight against the use of this type of practice when a user or CONTRACTOR of THE OWNER sends massive spam. In the event that THE OWNER receives these notifications, he will let the CONTRACTING PARTY know so that he immediately ceases these bad practices. THE OWNER will not assess whether the addresses to which the CONTRACTOR has sent unsolicited mail were obtained with the consent of the owner, but will act as long as an organization dedicated to the fight against these activities notifies it - these organizations receive the complaints of people who receive unsolicited emails- and therefore if the CONTRACTOR does not abandon the use of these practices THE OWNER will immediately cancel the service and will terminate this contract, reserving the exercise of as many legal actions as are appropriate to defend their interests. .
Using programs designed to cause problems or attacks on the network. It is also expressly prohibited to try to test the security of the servers by performing any type of entry or action that is not strictly necessary for the enjoyment by the user.
THE OWNER may interrupt access to its website at any time if it detects a use contrary to the law, good faith or these general conditions - see seventh clause.
The contents incorporated into the website of THE OWNER have been prepared and included by:
The Photoluminescent entity itself using internal and external sources, in such a way that THE OWNER is only responsible for the contents produced internally.
The USERS, through collaborations or voluntary introduction of contents, these being the only ones responsible for them and THE OWNER being expressly exempt from any liability that may derive from them.
Natural and legal persons unrelated to THE OWNER, either through collaborations that are inserted directly into the website, or through links or links, these being the only ones responsible for the contents thus introduced and THE OWNER being expressly exempt from all responsibility in the terms specified by Spanish legislation.
In addition, through the website of THE OWNER, products and services of both THE OWNER and third parties intended to be marketed are made available to the USER and are subject to the General and Particular Conditions of each of them. THE OWNER does not guarantee the veracity, accuracy or timeliness of the contents related to the services offered by third parties and is expressly exempt from all types of liability for damages and losses that may arise from the lack or errors in the characteristics of the services that these third parties may offer.
The USER who wishes to establish a hyperlink on his website to the website of THE OWNER will not make an illegal or contrary to good faith use of the information, services or products made available on the aforementioned website, specifically the USER who enters a hyperlink or link agrees to:
Not destroy, damage or alter in any way the contents, services or products made available to the USER on the website of THE OWNER
Do not declare that THE OWNER assumes the supervision of the hyperlink or the contents of the USER's own website that introduces a link to the website of THE OWNER on his own website. THE OWNER will not be responsible in any case for the contents or services of the USER's website where a hyperlink or link to the website of THE OWNER is included.
Do not include on your own website the brand, trade name or any distinctive sign belonging to THE OWNER without the prior authorization of the entity.
5. Data protection
5.1. Information to the user of the existence of a file and request for consent for the automated processing of their personal data: In relation to the personal data provided by the USER in the registration form at fotoluminiscente.es, THE OWNER strictly complies with current regulations established in Law 15/1999 on the Protection of Personal Data and other legislation that develops it and informs the CONTRACTING PARTY that the aforementioned data will be included in a file for automated processing, giving the CONTRACTING PARTY consent by accepting these general conditions to said treatment.
5.2. Purpose of the data: THE OWNER collects certain personal data that are freely entered by the CONTRACTING PARTY in a form in order to be able to contract the different services as well as to answer and identify the requests made by the CONTRACTING PARTY. THE OWNER informs that it will automatically manage this data for the administration, expansion and improvement of its services as well as for technical and commercial purposes on the products and services offered. Likewise, THE OWNER collects certain data in the area of human resources and in that of distributors and affiliates in order to proceed with the selection of future workers and distributors of the company and maintain contact with them. In any case, the data collected and processed by THE OWNER are only basic for the purposes indicated above. Likewise, THE OWNER collects certain basic data from sources accessible to the public with the aim of carrying out commercial tasks on the services that the entity provides.
5.3. Obligatory nature of the introduction of the data: To access the website of THE OWNER fotoluminiscente.es it is not necessary to provide any data. However, to make requests for information or make a request for a specific service, it is necessary for the user to provide data in the forms on the website for the purposes described above. All fields are required except those specifically marked as optional. If they are not covered, the consequence consists in the impossibility of providing the service that is intended to be contracted or the impossibility of sending the information request.
5.4. Rights of access, rectification, cancellation and opposition: The CONTRACTOR who enters their personal data in the registration forms will have the full right to exercise their rights of access, rectification, cancellation and opposition at any time by requesting it email@example.com or by post. to: Fotoluminescente, C/B Nave 2 P.I.La Ermita, 50171- Zaragoza, always accompanying the request with a copy of the NIF of the owner of the data.
5.5. Responsible for the treatment: The person responsible for the treatment of the data is THE OWNER, with registered office at C/B Nave 2 del Poligono Industrial La Ermita, 50171 Zaragoza. THE OWNER has duly registered its files with the Data Protection Agency, which can be consulted at www.agpd.es. THE OWNER is not in any way responsible for the data that the user may host in the different services that are offered since THE OWNER neither collects this data nor treats it, assuming the CONTRACTING PARTY the responsibility of the same.
5.6. Transfer of data: There is no transfer of data to third parties totally unrelated to THE OWNER. The CONTRACTING PARTY, by accepting these conditions, accepts that their data may be transferred to companies with the same corporate composition (same shareholders) as THE OWNER, these data in any case will be processed for the same purposes as for THE OWNER. THE OWNER informs the CONTRACTING PARTY that by adhering to these general conditions, he consents to the necessary and essential communication of his data to manage the services he has contracted, communication linked to the very purpose for which the data was entered and, therefore, therefore, related to the free and legitimate acceptance of the legal relationship between the CONTRACTING PARTY and THE OWNER, whose development, compliance and control implies the necessary communication of these data. In no case THE OWNER performs actions, treats or is responsible for the personal data of third parties that the user hosts in any of the contracted services. In relation to these personal data that the user may host, it is the user who must have their own data protection policy, their files and, in general, comply with current laws and regulations that develop them.
5.7. Security: THE OWNER ensures the absolute confidentiality and privacy of the personal data collected and for this reason security measures have been adopted in order to avoid alteration, loss, treatment or unauthorized access, and thus guarantee its integrity and security. However, THE OWNER will not be responsible for incidents that may arise regarding personal data when they are derived: either from an attack or unauthorized access to the systems in such a way that it is impossible to detect or prevent it, even adopting the necessary measures according to the current state of technology, or a lack of diligence by the USER or CONTRACTING PARTY in terms of guarding and custody of their passwords and personal data. THE OWNER has an SSL security certificate as an additional guarantee, to guarantee the transmission of personal data under a secure area.
5.8. Code service: The USER who requests it will have the coordinate card service at his disposal. The USER who requests the service will receive a coordinate card and the pertinent instructions for its activation by ordinary mail. Once the USER activates this card, which will be unique and non-transferable, it will imply that each time the USER, once logged into fotoluminiscente.es, decides to perform certain actions considered sensitive, they will be asked randomly for a coordinate of their card. to confirm the operation. The USER is responsible for the guard and custody of this card to prevent access to it by unauthorized third parties. The coordinate card by itself does not imply any type of access since it must always be combined with the user passwords.
5.10. Veracity of the data: The CONTRACTING PARTY is responsible for the veracity of their data, agreeing not to enter false data and to proceed to rectify them if necessary. THE OWNER makes all the means available to the CONTRACTING PARTY so that he can proceed to modify his data. This modification is allowed from the unique private and secure area that the CONTRACTING PARTY has in fotoluminiscente.es and which is accessed through the passwords obtained with the user registration; hence the CONTRACTING PARTY must be especially diligent in guarding and custody of these keys. The CONTRACTING PARTY states that when he does not enter his personal data but those of a third party, he is authorized by the latter for its introduction.
5.11. Spamming or sending unsolicited emails: THE OWNER is absolutely against the practice of spamming and never engages in this type of conduct - THE OWNER only sends information to the emails provided by those who have registered as users at fotoluminiscente.es and, therefore, accepted these General Conditions and its data protection policy for the sending of this information or, where appropriate, to those people who, prior telephone contact, have authorized the sending of these emails. THE OWNER will not allow the use of these practices by the USER either, proceeding to withdraw the services that may have been contracted with THE OWNER and reserving the pertinent legal actions.
5.12. Person in charge of the treatment: THE OWNER, will act as the person in charge of the treatment in relation to the possible personal data for which the user is responsible and is hosted in the systems of THE OWNER, and as long as the servers of THE OWNER are the main location of the file and this is expressly stated. THE OWNER will therefore assume the legal obligations established by Organic Law 15/1999 of December 13 on the Protection of Personal Data for the person in charge of the treatment -article 12- therefore, in no case will the supply of this data be provided by of the user responsible for them a transfer of data for the purposes determined by law.
In this way, THE OWNER will provide the services to the person responsible for the data in the terms established in the General Conditions of the Provision of the specific service contracted by the user. THE OWNER will therefore only process this data according to the instructions indicated by the person in charge and only for the purposes indicated in the requested service contract, not communicating this data to third parties and always respecting their confidentiality. THE OWNER therefore adopts in the treatment of this data all the security, organizational and technical measures required by article 9 of the Data Protection Law and legislation that develops it. The CONTRACTOR is therefore solely responsible for the data that it hosts or can obtain through the hosting services or other services that it has contracted with THE OWNER and therefore it is the latter who must comply with current legislation by notifying the Data Protection Agency the corresponding files and, in general, to comply with the obligations that this legislation establishes in relation to the personal data that it hosts.
6. Responsibility of The Owner:
6.1. Connection errors, fortuitous event and force majeure: THE OWNER will not be responsible for errors, delays in access, delays in the system or any anomaly that may arise in relation to general problems on the Internet, causes of case fortuitous or force majeure or any other totally unforeseeable contingency and therefore outside the good faith of the company. THE OWNER undertakes to try to solve these incidents by putting all the means at its disposal and offering all the necessary support to the USER to solve the incidents as quickly and satisfactorily as possible. Likewise, THE OWNER will not be responsible for failures that for these reasons may occur in communications, deletion or incomplete transitions in a way that does not guarantee that the website is operational at all times when it is due to issues not attributable to THE OWNER or that this cannot be resolved with the means at its disposal. The USER exempts THE OWNER from all responsibility if any of these causes begins to occur.
6.2. Use of the website: THE OWNER will not be responsible in any case for errors or damages caused by the inefficient and bad faith use of the service by the CONTRACTING PARTY. Nor will THE OWNER be responsible for major or minor consequences due to the lack of communication between THE OWNER and the CONTRACTING PARTY when it is attributable to the non-functioning of the email provided or to the falsity of the data provided by the CONTRACTING PARTY in its photoluminescent user record. is
6.3. Responsibility: THE OWNER assumes the responsibilities that may arise from the provision of the services offered within the limits and as specified in the different General Contract Conditions of the services that are made available to the USER.
7. User responsibility
7.1. Good use of the service: The USER is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial uses. THE OWNER is empowered by means of these General Conditions of Use, from the moment in which he has reliable knowledge of the performance by the USER of any illegal action or use in general, to inform the competent authorities of these circumstances and unsubscribe the USER or restrict access to the website of THE OWNER. The USER will be solely responsible for any claim or legal, judicial or extrajudicial action initiated by third parties directly harmed by the USER before Courts or other organizations, assuming all expenses, costs and compensation that, where appropriate, THE OWNER may assume. if the claim is directed against it. Likewise, THE OWNER will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damage caused constitutes any type of illegal activity, especially in the field of content entered by the USER that may violate legitimate rights or interests. of THE OWNER or third parties.
7.2. Reliable knowledge: THE OWNER, in case of receiving any type of communication from a third party about the alleged illegality of any content or activity carried out by a USER of THE OWNER's services and as long as this communication is received in a that the caller identifies himself correctly, he will proceed to inform the USER and, in the event that the activity is manifestly illegal, he will proceed to block the service in question. For this activity to be manifestly illegal, this illegality must be unequivocal for anyone who accesses that content. In specific cases such as copyright or libel and slander THE OWNER cannot decide whether or not the USER has the right to display these contents or if they constitute libel or slander, only the competent authority being the one who can reliably indicate that illegality and, therefore, order the cessation of the service.
7.3. Guarding and custody of access codes: The USER will be responsible for the security and confidentiality of all the codes with which he accesses his private area -which are granted to him when registering as a USER- to carry out the contracting of the different services and must keep them. in a secure place in order to prevent access by unauthorized third parties.
7.4. Due diligence: The USER is responsible for carrying out all the actions that are required with due diligence. In particular, the USER must be diligent in terms of updating and veracity of their personal data, mainly the email indicated in the USER registration form as the main way of contact with THE OWNER see clause 8 of these Conditions.
THE OWNER and the USER agree to communicate and notify each other of all incidents that occur throughout the validity of the different services that they may have contracted, preferably and prior to any other means of communication, by email. The email of THE OWNER, for these communications will be firstname.lastname@example.org and that of the USER will be the one provided in the USER registration form of THE OWNER in fotoluminiscente.es. The USER undertakes to keep this email operational and to modify it from his private area if necessary to continue receiving communications. In any case, if any urgent problem or failure in the previous communication occurs, the communications will be made by telephone, fax, postal mail, messaging or any other system suitable for the purpose pursued. However, the preferred means of communication is email, exempting THE OWNER from all types of liability that may arise from the lack of consultation or error in the email provided by the USER. Each of the parties will be responsible for the safekeeping and custody of the copies of the communications that are made.
9. Copyright and trademarks
Fotoluminescente.es is a registered trademark. The use of the brand of THE OWNER by any means, which includes both the name and the logo, is prohibited, except with the express consent of THE OWNER. All rights reserved. In addition, the website of THE OWNER - its own contents, programming and design of the website - is fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements except consent expressed by THE OWNER.
10. Jurisdiction and applicable law
These General Conditions are governed by Spanish law. Specifically, they are subject to the provisions of Law 7/1988 of April 13, on General Contract Conditions; Law 26/1984 of July 19 General, for the Defense of Consumers and Users; Royal Decree 1906/1999 of December 17, 1999, which regulates Telephone or Electronic Contracting with general conditions; Organic Law 15/1999 of December 13, on Protection of Personal Data; Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce and Law 16/39 on Payment Services, as well as any another Law or regulation that develops or modifies them. These Conditions will always apply together with the Conditions that regulate the specific service that is contracted.
For the resolution of any controversy or conflict that derives from these general conditions, the Courts and Tribunals of Zaragoza will be competent, the CONTRACTING PARTY expressly renouncing any other jurisdiction that may correspond to it.
In the event that any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these conditions. This contract is carried out only in Spanish, Galician, Catalan, Portuguese and English. THE OWNER may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them, unless expressly recognized by THE OWNER. These General Conditions are registered in the General Register of Contracting Conditions to grant transparency and security to the entire process.