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This Legal Notice regulates the use of the website WWW.XAVIERPELLICER.COM (hereinafter, THE WEBSITE), which is owned by NOBOOK BARCELONA, S.L. (hereinafter, THE OWNER OF THE WEBSITE) with which we intend to comply with the obligations provided by Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE or LSSI), as well as to inform every website user about the conditions of use of this website.
In order to comply with article 10 of Law 34/2002 on Services of the Information Society and Electronic Commerce, we inform the users of our personal data:
- Company Name: NOBOOK BARCELONA, S.L.
- NIF: B66730227
- Residence or registered office: C/ PROVENÇA 310, BAJOS - CP 08037 BARCELONA
- Email: MERCE@XAVIERPELLICER.COM
- Telephone number: 935 259 002
- Registration Data: This company is registered in the Mercantile Registry of Barcelona Volume 45319 folio 57 page 3 Section 0
Browsing the website of THE OWNER OF THE WEBSITE the USER assumes all the conditions and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be modified.
The user is obliged to correctly use the website in accordance with the laws, good faith, public order, the use of the traffic and this Legal Notice. The user
will answer to THE OWNER OF THE WEBSITE or to third parties, for any damages and losses that may be caused as a result of the breach of this obligation.
All notifications and communications between users and THE OWNER OF THE WEBSITE will be considered effective, for all purposes, when they are made by
post or any other contact details mentioned above.
2. CONDITIONS AND OBLIGATIONS OF ACCESS AND USE
The website and its services are freely accessible and free of charge, however, THE OWNER OF THE WEBSITE places conditions on the use of some services offered on its website upon prior completion of the corresponding form.
The user guarantees the authenticity and actuality of all the data communicated to THE OWNER OF THE WEBSITE and will be solely
responsible for any false or inaccurate statements.
The user expressly agrees to make appropriate use of the contents and services of THE OWNER OF THE WEBSITE and not to use them for, among others:
- a) The dissemination of content that is criminal, violent, pornographic, racist, xenophobic, offensive, defending terrorism or, in general, contrary to the law or public order.
- b) The introduction of web viruses or carrying out actions that may alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of THE OWNER OF THE WEBSITE or third parties; as well as obstructing the access to the website and its services for other users through the massive consumption of IT resources used by THE OWNER OF THE WEBSITE to provide its services.
- c) The intention to access the email accounts of other users or restricted areas of IT systems of THE OWNER OF THE WEBSITE or third parties and, in this case, to extract information.
- d) The violation of the rights of intellectual or industrial property, as well as the violation of the confidential information of THE OWNER OF THE WEBSITE or third parties.
- e) Impersonation of another user’s identity, public administrations or a third party.
- f) Reproducing, copying, distributing, making available or any other form of public communication, transformation or modification of the contents, unless
being authorized as the holder of the corresponding rights or in case it is legally permitted.
- g) Collecting data for advertising purposes and sending out the publicity of any kind for sales activity or other commercial purposes without prior request or consent.
All the the website contents, such as texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes,
constitute a work whose property belongs to THE OWNER OF THE WEBSITE, and under no circumstances will rights of exploitation be assigned to any user other than those strictly necessary for the correct use of the website.
Ultimately, the users who access this website can view the contents and make, where appropriate, authorized private copies providing that the reproduced elements are not subsequently transferred to third parties, nor installed on servers connected to networks, nor are they subject to any kind of exploitation.
In no case THE OWNER OF THE WEBSITE is responsible for the opinions expressed by users through the blog or other communication service that may be created, in accordance with the applicable regulations.
Additionally, all the trademarks, brand names or distinctive symbols of any kind that appear on the website are the property of THE OWNER OF THE WEBSITE, and under no circumstances will it be understood that access or use of these grants any rights to the user.
All the contents that appear on this website are the property of the OWNER OF THE WEBSITE or third parties who have previously authorized their use. Therefore, under no circumstances will it be understood that access or use of these grants any rights to the user.
The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the owner of the exploitation rights is prohibited.
The establishment of a hyperlink does not imply, in any case, the existence of relations between THE OWNER OF THE WEBSITE and the owner of the
website on which it is established, nor the acceptance and approval by THE OWNER OF THE WEBSITE of its contents or services . Those persons who intend to establish a hyperlink should previously request authorization in writing from THE OWNER OF THE WEBSITE. In all cases, the hyperlink will only allow access to the home-page of our website, and should also refrain from making false, inaccurate or incorrect statements or indications about THE OWNER OF THE WEBSITE, or include illicit content, contrary to good custom and public order.
THE OWNER OF THE WEBSITE is not responsible for the use of the available
materials by each user on this website, nor their actions realized based on the same.
The user must not misrepresent his identity by posing as any other person in those cases where data or information is requested.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyright, trademark and other industrial and intellectual property rights over the materials or content that are provided as part of this website correspond at all times to us or those who granted us a license for their use. You may use this material only in the way authorized by us or by those who have granted us a license. This will not prevent you from using this website if copying the information about your order or contact details needed.
In accordance with the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication for commercial purposes, including the method of making them available, of all of the contents of this website or the part of the same, in any medium and by any technical means, is totally prohibited without the authorization of THE OWNER OF THE WEBSITE.
4. LINKS, VIRUSES AND OTHER COMPUTER ISSUES
You must not misuse this website by intentionally introducing viruses, Trojans, computer worms, logic bombs or any other technologically harmful program or material. You must not try to have unauthorized access to this website, or to the server where this web page is hosted or to any server, computer or database related to our website. You agree not to attack this website through
a denial of service or a distributed service attack.
Failure to comply with this clause could lead to the commission of offenses provided by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Additionally, in the event of non- compliance with this clause, your authorization of the use of this website will be immediately ceased.
We will not be responsible for any damage or loss as a result of a denial of service attack, virus or any other technologically damaging or harmful
program or material that may affect your computer, IT equipment, data or materials while using this website or downloading the contents of the same or to which it redirects.
In the event that our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without our control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from their use.
5. EXCLUSION OF GUARANTEES AND RESPONSIBILITY
The content of this website is of a general character and is for informational purposes only ,and no guarantee is given for access to all its contents, their completeness, correctness, validity, or that they are up to date nor to their suitability or usefulness for a specific objective.
THE OWNER OF THE WEBSITE is excluded from, as far as the law permits, whatever responsibility for damages and losses of any nature derived from:
- a) The inability to the enter the website or the lack of veracity, exactness, completeness and/or the actuality of the contents, as well as the existence of corruptions or defects of any kind in the contents transmitted, broadcast, stored or made available to those who have access via the website, or of the
services that it offers.
- b) The presence of viruses or other elements in the contents that may produce alterations in the iT systems, electronic documents or users data.
- c) The unfulfillment of laws, good faith, public order and this legal note as a consequence of incorrect use of the website. In particular, and by way of
example, THE OWNER OF THE WEBSITE is not responsible for the actions of third parties that infringe rights of industrial or intellectual property, business confidentiality, rights to honor, on personal and family privacy as well as unfair trade regulations and illicit publicity.
In addition, THE OWNER OF THE WEBSITE declines whatever responsibility with respect to information that is found outside of this website and that isn’t managed directly by THE OWNER OF THE WEBSITE. The function of links which appear in this website is exclusively to inform the user about the existence of other sources, which may amplify the contents offered on this
website. THE OWNER OF THE WEBSITE doesn’t guarantee, nor is responsible for the function or accessibility of linked sites; nor suggests, invites or recommends visiting them, so will not be responsible for obtained results. THE OWNER OF THE WEBSITE will not be responsible for the establishment of hyperlinks by third parties.
THE OWNER OF THE WEBSITE does not guarantee the continuous and permanent availability of the services, thus being exonerated from any responsibility for possible damages caused by the lack of availability of the service due to force majeure, or errors in the telematic network data transfer beyond their control, or due to disconnections made for improvement or maintenance of IT equipment and systems functionality. In these cases, THE OWNER OF THE WEBSITE will make its best efforts to give 24 hours notice about the interruption. THE OWNER OF THE WEBSITE will not be responsible for the interruption, suspension or termination of the information or services.
Additionally, it is not responsible for possible omissions, loss of information, data, configurations, improper access or violation of confidentiality that originate in technical problems, communications or human omissions, caused by third parties or not attributable to THE OWNER OF THE WEBSITE . Nor will it be liable for damages caused by computer attacks or by viruses that affect computer programs, communication systems or equipment used by THE OWNER OF THE WEBSITE but manufactured or provided by a third party. THE OWNER OF THE WEBSITE may, at its sole discretion, deny, withdraw, suspend and / or block at any time and without prior notice access to information and
services to those users who violate these rules.
Except in cases where the law expressly imposes otherwise, and exclusively to the imposed extent, the application does not guarantee or assume any
responsibility for possible damages caused by the use of information, data and services of THE OWNER OF THE WEBSITE.
In any case, THE OWNER OF THE WEBSITE excludes any liability for damages that may occur due to the information and / or services provided or supplied by third parties and not the Company. The third party, whether it be supplier, collaborator or other will be held responsible.
6. OTHER CONDITIONS
If any of these conditions or any provision of a contract were declared null and
void by a firm resolution issued by a competent authority, the remaining terms and conditions will be maintained, without being affected by said declaration of nullity..
These conditions and any document they refer to, constitute the entire agreement existing between both of us in relation to the purpose of the same, and replace any other agreement, covenant or previous promise agreed verbally or in written.
We both acknowledge having consented to the conclusion of a contract
without having relied on any statement or promise made by another party or that could be inferred from any statement or writing in the negotiations initiated by the two parties prior to it, except as expressly mentioned in these conditions.
Ni usted ni nosotros dispondremos de acción frente a cualquier declaración incierta realizada por la otra parte, verbal o escrita, con anterioridad a la fecha de un contrato (salvo que se hubiera hecho tal declaración incierta de forma fraudulenta) y la única acción de que dispondrá la otra parte será por incumplimiento de contrato de conformidad con lo dispuesto en las presentes Condiciones.
None of us will take action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such an uncertain statement had been made fraudulently) and the only action available for the other party will be the breach of contract in accordance with the provisions of these conditions.
We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive. If you do not agree with the modifications made, we recommend you not to use our website.
Applicable law and jurisdiction
The use of our website and product purchase contracts through this website
will be governed by Spanish legislation. Any controversy that arises or is related to the use of the website or with these contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by current legislation.
Suggestions and complaints
Your complaints and claims to our customer service will be dealt with in the shortest possible time and, in any case, within the legally established period.
If you, as a consumer, consider that your rights have been violated, you can direct your complaints to us via the email address MERCE@XAVIERPELLICER.COM in order to request an out-of-court dispute resolution.
In the event that any user or third party considers that facts or circumstances exist that reveal an illicit character of the use of any content and / or the carrying out of any activity in the web pages included or accessible through the website, they should send notification to THE OWNER OF THE WEBSITE duly identifying and specifying the supposed infractions and expressly declaring under their responsibility that the information provided in the notification is exact.
In the event of any litigation arising from the website of THE OWNER OF THE WEBSITE the legislation of Spain will apply, being competent Spanish courts and tribunals.