ONLINE SALE TERMS AND CONDITIONS
CONDITIONS OF SERVICE
The present General Conditions of Use, Privacy Policy and Sale (hereinafter, the “General Conditions”) regulate the use of the website www.mendiboard.com (hereinafter, the Website) that Mendiboard 2012 SLU (hereinafter “Mendiboard “), makes available to the people who access your Website in order to provide information about products and services, own and / or third-party collaborators, and facilitate access to them, as well as the contracting of services and goods by means of the same (all jointly called the “Services”).
Mendiboard, with its registered office at Calle Gipuzkoa Nº 57B, is a Limited Sole Proprietorship Company of the present Website whose use is regulated by this document, with CIF number B75067223 and registered in the Mercantile Registry of San Sebastián at Tomo 2559, Sheet SS- 34534, Folio 71, Section 1, first inscription. To contact Mendiboard, you can use the above postal address as well as the e-mail address info@mendiboard.com
Due to the nature of the Website, as well as its content and purpose, practically all of the navigation that can be carried out by the same has to be made enjoying the condition of Client, which is acquired according to the procedures collected in the same. Therefore, the aforementioned condition of Client assumes adherence to the General Conditions in the version published at the time the Website is accessed. Mendiboard reserves the right to modify, at any time, the presentation and configuration of the Website, as well as the present General Conditions. Therefore, Mendiboard recommends the Client to read the same carefully every time he accesses the Website.
In any case, there are pages of the Website accessible to the general public, in which Mendiboard also wishes to comply with its legal obligations, as well as to regulate their use. In this sense, users accessing these parts of the Website agree to be subject, by accessing said pages, by the terms and conditions contained in these General Conditions, to the extent that they may be applicable.
Finally, due to the nature of the present Website, it is possible to modify or include changes in the content of these General Conditions. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that the corresponding conditions that are in force at the time of their access.
GENERAL DATA PROTECTION REGULATION
- Mendiboard complies with the provisions of the RGPD.
- The information and personal data of the Clients are necessary for the management of the orders and the relationship with the Clients, as well as to keep them informed of all the offers and commercial communications that may be of interest to them.
- The personal data collected on the Site are destined to Mendiboard with the Client’s consent. We collect the data provided by the user such as your email, telephone, name, surname, mailing address and billing address as well as from what type of device you browse, cookies, duration of the visit and pages visited. All personal data relating to the Customer obtained by Mendiboard will be processed under conditions of maximum confidentiality to proceed with processing the Orders.
- Google analytics also has access to information about the navigation of users on the website.
- Xabier Izquierdo Altuna is responsible for the management of personal data.
- All users can request to the responsible the access to the personal data they have provided, to rectification or deletion, to the limitation of their treatment or to oppose the processing, as well as the right to the portability of the data. To exercise this right, the Client must send an email to info@www.mendiboard.com, indicating his name, surname, email address and customer references.
- We use the collected data to improve the service provided on our website.
ACCESS AND SAFETY
The access to the Services requires the previous registration of the users, once they accept the General Conditions, being considered as Customers.
The Customer’s identifier will be composed of his / her e-mail address and a password. For access to the Customer’s own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable, not allowing the transfer, even temporarily, to third parties. In this sense, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Client knows or suspects the use of your password by third parties, you must modify it immediately, in the manner in which it is collected on the Website.
CORRECT USE OF SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of an enunciation and not a limitation, undertakes to refrain from:
- use the Services in a manner, for purposes or effects contrary to law, morality and generally accepted good practices or public order;
- reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the holder of the corresponding rights or is legally permitted;
- perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to Mendiboard or to third parties;
- Eto use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for the purpose of direct selling or any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as to market or otherwise disclose such information;
The Client will be liable for damages and damages of any nature that Mendiboard may suffer, on occasion or as a consequence of any breach of any of the above obligations as well as any others included in these General Conditions and / or those imposed by the Law in relation with the use of the Website.
Mendiboard shall at all times ensure the respect of the current legal system, and shall be entitled to interrupt, in its sole discretion, the Service or exclude the Client from the Website in case of alleged, complete or incomplete commission of any of the offenses as defined by the Criminal Code in force, or in case of observing any conduct that in Mendiboard’s judgment is contrary to these General Conditions, the General Conditions of Contract operating for this Website, the Law, the standards established by Mendiboard or his collaborators or may disturb the good performance, image, credibility and / or prestige of Mendiboard or his collaborators.
PROPERTY RIGHTS
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 Mendiboard or third parties whose rights in this respect are legitimately borne by Mendiboard , and are therefore protected by national and international legislation.
It is strictly forbidden to use all elements of industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation.
Violation of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 et seq. Of the Penal Code.
Customers who send comments, opinions or comments through the email service or by any other means, in the cases in which the nature of the Services is possible, is understood to authorize Mendiboard for reproduction , distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is provided by law and without territorial limitation. It is also understood that this authorization is made free of charge.
Any claims that may be brought by Clients regarding possible breaches of intellectual or industrial property rights over any of the Services on this Website should be addressed to the following e-mail address: info@www.mendiboard.com
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
Regardless of what is established in the General Conditions of Contract relating to the contracting of goods collected in this Website, Mendiboard is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials. Such services, information and materials are presented “as is” and are accessible without guarantees of any kind.
Mendiboard reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, either for technical reasons, security, control , maintenance, power failure or any other justified cause.
Consequently, Mendiboard 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 his own risk and without, in Mendiboard can not be held responsible for this.
Mendiboard will not be liable in case of interruptions of the Services, delays, errors, malfunction of the same and, in general, other inconveniences that originate in causes that are beyond the control of Mendiboard, and / or due to a malicious action or fault of the Client and / or has as its origin causes of a fortuitous event or Force majeure. Notwithstanding the provisions of article 1105 of the Civil Code, in addition to the effects of these General Conditions, all events occurring beyond Mendiboard’s control, such as: third party judgment , operators or service companies, acts of Government, lack of access to networks of third parties, acts or omissions of Public Authorities, others produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Mendiboard has adopted the reasonable security measures according to the stateof the technique. In any case, for whatever reason, Mendiboard will not assume any responsibility for direct or indirect damages, emergent damages and / or loss of profit.
Mendiboard excludes any liability for damages of any nature that may be due to the lack accuracy, completeness and / or topicality 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 . Mendiboard 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 truthfulness. Nevertheless it will be exonerated of responsibility for its non-update or rectification as well as for the contents and information expressed in the same. In this sense, Mendiboard has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by the Customers or collaborators, except in cases where this is required by current legislation or when required by a Judicial Authority or Likewise, Mendiboard excludes any liability for damages of any kind that may be due to the presence of viruses or to the presence of other harmful elements in the contents that may cause alteration in the computer systems as well as in the documents or systems stored on them.
Mendiboard is not responsible for the use that the Client makes of the Services of the Website or its passwords, as well as any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.
The Client undertakes to keep Mendibo ard, for any damages, damages, penalties, expenses (including, without limitation, attorneys’ fees) or civil, administrative or any other liability that may be suffered by Mendiboard related to the breach or partial or defective compliance on its part of what is established in these General Conditions or in the applicable legislation, and especially in relation to their obligations regarding the protection of personal data collected in these conditions or established in the LOPD and development regulations.
LINKS TO OTHERS WEBMENDIBOARD
SITES does not guarantee or assume any responsibility for damages caused by access to Third Party Services through links, links or links of linked sites or the accuracy or reliability thereof. The function of the links that appear in Mendiboard is exclusively to inform the Client about the existence of other sources of information on the Internet, where you can extend the Services offered by the Portal. Mendiboard will not be in any case responsible for the result obtained through said links or the consequences that derive from the access by the Customers to them. These third-party Services are provided by these, so Mendiboard can not control and does not control the legality of the Services nor its quality. Consequently, the Client must exercise extreme caution in the assessment and use of the information and services existing in the contents of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretive or litigious questions that may arise, Spanish law will apply and in case of controversy, both parties agree to submit, with waiver of any other jurisdiction that may correspond to the jurisdiction of the Courts and Tribunals of the city of Madrid.