GENERAL TERMS AND CONDITIONS OF USE

These general conditions of use (hereinafter GCU) regulate access to and use of the Website under the domain www.grupo-garcia.es (hereinafter Website), owned by ‘INMOVALL ALCALALI, S.L.’ (hereinafter GRUPO-GARCIA), placed at the disposal of the users (hereinafter User/s).

In the event of any doubt or query related to the use of and access to the Website or the present GTU, you may contact us via the contact details published in the Legal Notice.

2.- CONFORMITY WITH THESE GENERAL CONDITIONS.

The use of the Website implies full acceptance by the User of the GTU in force at the time the User accesses the Website. Therefore, if the User does not agree with any of the conditions established herein, he/she should refrain from using this Website.

Consequently, the User must read the GTU carefully each time he/she intends to use the Website.

In any case, GRUPO-GARCIA reserves the right to modify, without prior notice and at any time, the TOU. Likewise, GRUPO-GARCIA reserves the right to suspend, interrupt or stop operating the Website at any time.

By ‘use of the Website’, it is understood any User who accesses and browses the Website regardless of whether they fill in the registration forms.

3.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.

The access to the Website and/or to the Contents included in the same one does not imply any type of guarantee with respect to the suitability of the Website and/or of the Contents included in the same one for particular or specific aims of the Users.

GRUPO-GARCIA may establish limitations and/or additional conditions for the use and/or access to the Website and/or the Contents, which must be observed by the Users in any case.

3.1- Access and Use of the Website.

Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.

The User acknowledges that he/she is over eighteen years of age, and is also aware and voluntarily and expressly accepts that the use of the Website is carried out in all cases under his/her sole and exclusive responsibility.

The User undertakes to comply with the GTU, as well as to comply with the special warnings or instructions contained on the Website and to always act in accordance with the law, good customs and the requirements of good faith, using his or her utmost care taking into account the nature and consideration of the service he or she enjoys. To this effect, he/she will abstain from using the Website in any way that could impede, damage or deteriorate the normal functioning of the same, the goods or rights of GRUPO-GARCIA, its suppliers, its distributors, the rest of the Users or in general of any third party.

Specifically and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User is obliged in the use of the Website:

a) Not to enter, store or disseminate on or from the Website any information or material that is defamatory, libellous, offensive, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination on grounds of race, sex, ideology, religion or in any way violates the form, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
b) Not to introduce, store or spread by means of the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that is susceptible to cause damages in the Website, in any of the services, or in any of the equipment, systems or networks of GRUPO-GARCIA, of any User, of the Suppliers or Distributors of GRUPO-GARCIA or in general of any third party, capable of causing any type of alteration or impeding the normal operation of the same.
c) Not to introduce, store or disseminate through the Website any content that infringes the rules of intellectual or industrial property or the rights of third parties, nor in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
3.2- Access and Use of the Contents.

The Contents of the Website are made available to the User with information from both own and third party sources.

GRUPO-GARCIA tries to ensure that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and / or timeliness of the Content.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

No intellectual or industrial property rights over the Website or any of its constituent elements are transferred by means of these GTU, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending or using any of them in any way, by any means or procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.

The User may view and obtain a temporary private copy of the Contents for his or her exclusive personal and private use on his or her computer systems (software and hardware), provided that this is not for the purpose of carrying out commercial or professional activities. The User must abstain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which in each case have been made available or indicated for this purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Website). The User will have to respect at all times all the rights of intellectual and industrial property on the Website, of ownership of GRUPO-GARCIA or of third parties.

5.- EXCLUSION OF GUARANTEES AND RESPONSIBILITY.

5.1.- Exclusion of Guarantees and Responsibility for the functioning of the Website.

GRUPO-GARCIA does not guarantee the availability and continuity of the functioning of the Website and of the services or Contents offered in the same, nor that the existing content in its Website is updated, being exonerated of all responsibility for the damages and prejudices of any nature that can be originated by such circumstances.

GRUPO-GARCIA will carry out, as long as there are no circumstances that make it impossible or of difficult execution and as soon as it has news of the errors, disconnections and/or lack of update of the contents, all those works tending to correct the errors, to re-establish the communication and/or to update the referred contents.

Likewise, GRUPO-GARCIA does not guarantee neither the technical reliability of its Website, nor the access to its different pages, being exonerated of any responsibility for the damages of any nature that can be originated by this cause.

In addition, GRUPO-GARCIA is not responsible for possible errors or security deficiencies that may occur due to the use by the User of a browser of an outdated or insecure version of the browser or for damages, errors or inaccuracies that may arise from the malfunction of the same.

In order to reduce the risk of the introduction of viruses on the Website, it uses virus detection programmes to control all the Contents that it introduces on the Website. Nevertheless, GRUPO-GARCIA does not guarantee the absence of virus, nor of other elements in the Website introduced by third parties alien to GRUPO-GARCIA that can produce alterations in the physical or logical systems of the users or in the electronic documents and files stored in their systems. Consequently, GRUPO-GARCIA will not be in any case responsible for any damages of any nature that could derive from the presence of virus or other elements that could produce alterations in the physical or logical systems, electronic documents or files of the Users.

GRUPO-GARCIA adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. Nevertheless, GRUPO-GARCIA does not guarantee that unauthorized third parties can have access to the type of use or navigation of the Website that the User makes or the conditions, characteristics and circumstances in which it is carried out. Consequently, GRUPO-GARCIA will not be in any case responsible for the damages and prejudices that could derive from the above mentioned nonauthorized access.

GRUPO-GARCIA will not be responsible in any case of the use that the users and/or third parties could make of the Website or the Contents, nor of the damages and prejudices that could derive from the same.

5.2.- Exclusion of Guarantees and Responsibility for the Contents.

GRUPO-GARCIA does not edit the Contents of third parties published on the Website and, consequently, does not guarantee nor is responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such Content, as well as the Content owned by GRUPO-GARCIA. GRUPO-GARCIA will not be in any case responsible for any damages that may arise from: (i) the lack of legality, truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and its own; (ii) the inadequacy for any purpose and the disappointment of the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the user relying on the information or data provided or provided in the Contents, including without limitation the loss of profits or business opportunities.

6.- HYPERLINKS.

Those persons who intend to establish hyperlinks between their web page and the Website must observe and comply with the following conditions:

i) Prior authorisation will not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any form. Any other form of Hyperlink will require the express and unequivocal authorisation in writing from GRUPO-GARCIA.
ii) The Web page in which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
iii) The web page in which the Hyperlink is established shall not contain illicit information or contents, contrary to morality and generally accepted good customs and public order, nor shall it contain contents contrary to any third party rights.

iv) GRUPO-GARCIA reserves the right to block the Hyperlinks directed to the Website that do not have prior express authorisation, even if they comply with the provisions of this point of the General Conditions.
7.- ACTIONS IN CASE OF NON-FULFILMENT.

GRUPO-GARCIA reserves the right to exercise whatever actions are available in law to demand the responsibilities that are derived from the breach of any of the dispositions of these General Conditions of the Website on the part of a user.

8.- PARTIAL NULLITY.

The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall continue to be binding between the parties.

9.- APPLICABLE LAW AND JURISDICTION.

These TOU shall be governed by the provisions of Spanish law.

Any dispute relating to the conditions of use and access to this Website contained in this document of the Website’s GTU, the parties submit, expressly waiving any other jurisdiction that may correspond to them, unless otherwise determined by law, to the Courts of Denia.

10.- NOTIFICATIONS.

For the purposes of making the appropriate notifications, GRUPO-GARCIA designates the address specified in the Legal Notice as the contact address.

The e-mail address provided by the User during the registration process on the Website will be used by GRUPO-GARCIA for the purpose of sending notifications to the User.

The User is obliged to keep the data duly updated for the purposes of notifications referred to in this clause.

All the Notifications made by GRUPO-GARCIA to the User will be considered validly made if they have been made using the data and through the above-mentioned means. GRUPO-GARCIA is not responsible for any damage that could be produced by the violation of the User of his obligation to keep his contact details updated.