I. WEBSITE OWNERSHIP
Colores Cerámicos Elcom, S.L. (hereinafter referred to as Elcom®), with Fiscal Code nº B46350740 and with registered office at C/ Manuel Montoro, 8. 46940, Manises (Valencia), registered in the Business Register of Valencia, volume 1.888, sheet 80, page 11.068, Inscriptión 1ª, is the owner of the domain www.elcom.es, as well as the website hosted under said domains (hereinafter the website), made available to customers and users in order to inform them about their corporate identity, activities, products and services.
II. CONDITIONS OF ACCESS AND USE OF THE WEBSITE.
General questions
Through the website, Elcomprovides information to its clients and users about its corporate identity, organisation, activities, products and services. The information about the company contained on the website is current at the time of publication. The company ensures that it is accurate at all times, proceeding to update it as quickly as possible, trying to avoid mistakes and correcting them as soon as they are detected. Nonetheless, Elcom cannot guarantee the absence of errors or that the content of the information will be permanently updated.
Elcom may carry out, at any time and without prior notice, modifications, deletions or updates of the information and conditions contained on the website or in its presentation, configuration, access, use, functionalities and specific contents.
The information provided in response to any query or request for information is purely indicative and/or informative about the company’s activities, products and services, and in no case will it be binding for Elcom, nor for their contracting by customers and users, unless expressly indicated otherwise.
The content of the website can be downloaded to the user’s terminal, provided it is for their private use and without any commercial purpose. It cannot be exploited, reproduced, distributed, modified, publicly communicated, transferred or transformed, unless specifically and expressly authorised.
General terms and conditions for the use of this website
These general conditions regulate the access and use of the website which Elcom makes freely available to its customers and users. These general conditions will be applied, where appropriate, to the activities of supplying promotional information, for example, which are carried out through the website, for which reason these conditions will govern both the access, navigation and use of the website. The access, navigation or use of any utility or service of the website entails the acquisition by the user of said condition for these purposes.
The access, navigation or use of the website implies the full acceptance, without reservation, by the user of each and every one of the general conditions of access and use of the website in force every time the user accesses the website. Consequently, if the user does not agree with any of the conditions set forth herein, they must refrain from accessing and using this website and the utilities which may be made available to the user at any time through it or in a related manner.
Elcom reserves the right to modify these general conditions of use for the website as well as any other general or particular conditions, regulations of use, instructions or warnings which may be applicable at any time. Likewise, Elcom reserves the right to suspend, interrupt or cease to operate the website at any time.
The conditions of access and use of this website are governed by the principles of legality and good faith, committing the user to use the website, as well as the information or services provided in accordance with the law, morals, good customs and public order.
1. Objectives
1.1. Through the website, Elcom provides its users with information about their corporate identity, activities, products and services, as well as access to various contents, data and their own and general information (hereinafter “the contents”) made available to users by Elcom or, at other times and situations, by third-party content providers. Elcom reserves the right to modify at any time the presentation, configuration and location of the website, as well as the contents and conditions required to use it.
2. Conditions of access and use
2.1. User requirements. Access to and use of this website is only permitted to adults, which is why Elcom is exempt from liability in the event that, when completing the form, the user includes false or erroneous information corresponding to the user or legal representatives. Elcom reminds adult users who are responsible for minors that it will be their sole responsibility to determine what services and/or contents are or are not appropriate for the age of the minor; there are computer programmes that allow filtering and blocking access to certain content and services.
2.2. Access to and use of the website. The user accepts that access to and use of the website and/or of the contents included within it takes place freely and consciously, under their exclusive responsibility. Access to the website and/or its contents does not imply any kind of guarantee regarding the suitability of the website and/or the contents included for the specific purposes of the users. Elcom may establish limitations and/or additional conditions for the use of and/or access to the website and/or content, which must be observed by users in all cases.
2.3. Authorised use of the website and its contents. The user agrees to make suitable and lawful use of the website and the contents according to applicable legislation, to these general conditions of use, generally accepted moral and good customs and public order. The user must abstain from: a) making unauthorised or fraudulent use of the website and/or the content; b) accessing or attempting to access resources or restricted areas of the website, without fulfilling the conditions required for such access; c) using the website and/or the contents for purposes or effects which are illicit, illegal, contrary to the provisions of these general conditions, good faith and public order, harmful to the rights and interests of third parties, or which in any way can harm, disable or overload the website, the image or business of Elcom , or prevent the normal use or enjoyment of the website; d) causing damage to the hardware or software systems belonging to Elcom, its suppliers or third parties; e) introducing or spreading through the network computer viruses or any other hardware or software systems which are liable to cause damage to the hardware or software systems belonging to Elcom , its suppliers or third parties; f) attempting to access, use and/or manipulate data belonging to Elcom, third party suppliers and other users; g) reproducing or copying, distributing, allowing public access through any means of public communication, transforming or modifying the contents, except with the permission of the owner of the corresponding rights or where this is legally permitted; h) deleting, hiding or manipulating the legends and information on rights of intellectual or industrial property and other data identifying the rights belonging to Elcom or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms which may be included in the contents; i) obtaining or attempting to obtain content using means or procedures other than those which may have been placed at your disposal to this effect or are expressly indicated on the website where the contents can generally be found, and which are normally used on the internet without the risk of damage or disabling the website and/or its contents.
2.4. Insertion of Links. Any technical, software or technological resources by virtue of which a third party may benefit, directly or indirectly, with or without profit, from any of the content, forms, indexes and other formal expressions which make up the website, or from the efforts made by Elcom for its functioning, are prohibited. In particular, any link, hyperlink, framing or similar link which may be established directing it to this website without the prior written permission of Elcom is prohibited. Any violation of the provisions in this point will be considered a violation of the legitimate intellectual property rights of the company on its website and all its content.
2.5. The user agrees not to carry out advertising, promotional or commercial exploitation activities through, or using the website and its contents, as well as not to use its contents or utilities, and especially the information obtained from it, to send advertising, send messages for the purpose of direct sales, or for any other commercial purpose, nor to collect or store personal data from third parties.
2.6. The user agrees to comply with these conditions of access and use, with any changes which may occur in the future, which will be published immediately on the website and inserted into this section, as well as the particular conditions which result from their application. Likewise, they are obliged to comply with the special warnings or instructions for use contained herein or on the website, and to act in good faith and in accordance with the Law, morality and good customs, using appropriate diligence according to the nature of the service that they benefit from, abstaining from using the website, utilities or contents in a way which could impede, hinder, damage or deteriorate the normal operation of the same, the image, goods or rights belonging to Elcom, their customers, suppliers or third parties.
2.7. To the present effect and for any communication required between Elcom and the user, whether these are requests, questions, suggestions or complaints, they can be sent by email to the following address colores@elcom.es or by written communication to the following postal address: C/ Manuel Montoro, 8. 46940, Manises (Valencia), (Spain). Communications from Elcom to the user will be sent to the postal or electronic addresses provided by the latter when registering. The user expressly accepts the email as a means and channel of valid notification for the practice of any communication related to the website, its use, utilities, content and/or the acquisition of goods or services.
3.- Industrial and intellectual property rights
3.1. The website, programmes and contents are protected by Spanish intellectual and industrial property legislation and international treaties. All intellectual property rights over the application and associated tools are reserved. The user acknowledges and accepts that all rights of industrial and intellectual property relating to the contents and/or any other elements included in the website (including, without limitation, trademarks, logos, trade names, other distinctive signs, texts, images, graphics, icons, photographs, designs, sounds, databases, software, flow diagrams, presentation, programming elements, web design, audio and video), belong to Elcom, its suppliers and/or third-party owners who have authorised their inclusion in the website. On no account does access to the website imply any type of waiver, transmission, licensing or total or partial transfer of said rights, unless explicitly stated otherwise. These general conditions of use for the website do not confer on the users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for that purpose by Elcom, or the third-party holder of the rights in question.
3.2. Elcom authorises users to use, view, print, download and store the website and its contents provided it is compatible with the purposes of the website, that this is done with the sole purpose of obtaining the information contained for the exclusive, personal and private use of the user-it is expressly prohibited, among other things, to use it for commercial purposes, especially its distribution, public communication, transformation or decompilation, as well as for carrying out any practice or act of imitation or unfair competition-, that its integrity be maintained and that it is not modified or transformed -it is expressly prohibited, among other things, for the graphics, distinctive signs, icons or images available on the website to be used, copied or distributed separately from the text or the rest of the images which accompany it-, and, in every event, the origin and/or author of the website are to be indicated and, if applicable, the symbol of the copyright and/or industrial property notes of their holders. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration, or decompilation are strictly forbidden. For any other use except those expressly permitted, it shall be necessary to obtain the previous written consent by the owner of the rights for the element in question.
3.4. The unauthorised use of the information contained on the website, its resale, as well as the infringement of the rights of intellectual or industrial property belonging to Elcom, or its image in the market, will entail the requirement of legal responsibilities to take place before the competent national or international bodies and courts.
3.5. Any act by virtue of which the user may exploit or commercially use, directly or indirectly, in whole or in part, any of the contents, forms, graphics and other formal expressions which form part of the website, is forbidden without prior written permission from Elcom. Specifically included, but not limited to the actions of reproduction, distribution, exhibition, transmission, retransmission, broadcast in any form, storage in hardware or software media (for example, diskettes or computer hard disks), digitisation or making available, translation, adaptation, arrangement or any other transformation of said contents, forms, graphics and other formal expressions which form part of the website, insofar as such acts are subject to the applicable legislation on intellectual and industrial property. The works and other formal expressions contained in the website, such as contents, graphics, opinions, warnings or clarifications, are offered by Elcom for the purpose of information. This does not, under any circumstances, authorise the user to carry out any of the actions referred to above without the express written permission of the company. Elcom may proceed to modify or alter the contents and graphics of this website, in order to adapt them to its editorial format.
3.6. The documents and graphics published on this website may include technical inconsistencies or typographical errors. The information is subject to periodic changes. Elcom notifies you that it may make improvements or changes at any time to the products or content described or included in this website without prior notice.
4.- Security
4.1. Being aware of the risks derived from dealing with the new challenges entailed by the provision of services or use of applications or communication tools through communication networks, particularly the Internet, Elcom has set up strict security measures to reduce such risks. However, Elcom cannot guarantee the absolute invulnerability of its security systems, therefore it excludes any type of liability for damages of any kind which may be due to the presence of viruses or other elements which may cause damage to the computer system (software and hardware), terminals, electronic documents and files of the user or any third party, including specifically those which occur in the services provided by third parties through the application.
4.2. The user is informed that the use of electronic systems for data transmission, email and sending messages to mobile phones through technological platforms do not offer absolute guarantees of security. Elcom and the user mutually exonerate themselves from any liability arising from events such as non-receipt or delay of the same, error or interception of communications.
4.3. Access to the application and associated tools, such as the non-consensual use which may be made of the information and contents of the same, is the sole responsibility of the person who uses it. Elcom will not be held liable for any consequence, damage or harm which may arise from said access or use.
5.- Exclusion of guarantees and responsibilities
5.1. The exclusion of guarantees and responsibility for the operation of the website and information services requested. Elcom does not guarantee the availability and continuity of the website or of those other websites with which a link has been established. Likewise, Elcom will in no case be responsible for any damages which may arise, merely for illustrative purposes, but not limited to, a) lack of availability of or accessibility to the website or to those sites with which a link has been established; b) the interruption of the operation of the website or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads of telephone lines, the Internet system or other electronic systems produced in the course of its operation; c) the lack of suitability of the website for the specific needs of the users; d) other damage which may be caused by third parties through inferences or unauthorised interruptions beyond the control of Elcom; e) the impossibility of providing the service or allowing access and use for reasons not attributable to Elcom, due to the user, third parties or force majeure and; f) the lack of continuous updating of its contents and of the differences in the information, documentation and contents of the website, its appearance, graphical representation and appearance with the printed version.
In order to reduce the risk of viruses on the website, MECALUX uses virus detection programmes to control all the contents therein. Nevertheless, Elcom cannot guarantee the absence of viruses or of other elements introduced by third parties that may alter the user’s hardware or software systems or the electronic documents and files stored in their systems. Consequently, Elcom will under any circumstances be liable for any damage of any kind which is derived from the presence of a virus or other elements which may cause problems to the user’s hardware or software systems, electronic documents or files.
Elcom has adopted several security measures to protect the website and its contents against attacks by third parties. However, Elcom does not guarantee that unauthorised third parties cannot access the type of use of the website made by the user or the conditions, characteristics and circumstances in which such use is made. Consequently, Elcom will under no circumstances be responsible for damages and losses which may result from such unauthorised access.
Elcom will not be responsible for the inadequate functioning of the system if this is due to system maintenance, incidents which affect international operators, system overload which is not attributable to Elcom, defective configuration of the user’s equipment or insufficient capacity to support the essential computer systems to be able to use the service. Elcom will not be responsible for failures and/or damages derived from the incompatibility of the services with other services or computer programmes with which it is not specifically compatible.
Elcom is not responsible for failures which occur in communications and networks, not ensuring the availability and continuity of the operation of the application or associated tools and services. Therefore, Elcom does not guarantee the absence of interruptions or errors when accessing the application, associated tools, their utilities or their content, or that this is permanently updated. As long as it is within its competence and there are no causes which make it impossible or difficult to execute, and as soon as it becomes aware of errors, disconnections or lack of updating, Elcom will carry out all tasks to correct errors, re-establish communication and update the tool.
5.2 Exclusion of guarantees and responsibility for the use of the website, applications and/or related services. In general, Elcom does not control the use that users make of the website and applications. Elcom does not guarantee to be liable under any circumstances for the use that users and/or third parties may make of the website, its contents, applications or related services, or the damage which may arise from it.
5.3 Disclaimer of liability for the contents. Elcom does not edit third party content published on the website, consequently, it does not guarantee nor is responsible for the legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of said contents. Elcom will not under any circumstances, be responsible for any damages which may arise from, a) The lack of legality, reliability, usefulness, veracity, accuracy, completeness, and/or timeliness of the contents originated by third parties; b) The unsuitability for any purpose and the deceptive expectations generated by the contents; c) Decisions or actions taken or avoided by the user relying on the information or data provided by the contents, including, without limitation, the loss of benefits or business opportunities.
5.4 Exclusion of guarantees and liability in relation to links. The website makes available technical link devices which allow users to access pages and/or websites belonging to and/or managed by third parties. Elcom checks the existing content of said pages at the time the link is established and does so in the belief and good faith that such contents are in compliance with applicable legislation. Nevertheless, on no account will Elcom be liable for, nor does it approve or recognise as its own the products, services, contents, information, data, files and any kind of existing materials on said website, and it does not control and is not liable for, nor does it approve or claim as its own any subsequent modifications of said materials. In the event that it deems it advisable, or if it is requested by a legal or administrative order, Elcom will remove those links to those websites which infringe applicable legislation and/or affect third party rights.
5.5 Elcom declines any responsibility for damages of any kind which may arise from the lack of availability or interruption in the continuity of the service caused by issues beyond its control, or the loss of the benefit or expected utility which Elcom or its users could have attributed to the utilities or services, or the fallibility of these. Elcom will not be liable under any circumstances for any special or indirect damage, or for any other damage resulting from a loss of use, data or benefits, or in a legal action by contract, negligence or any other type, derived from or related to the use, performance or information available on the website.
6.- Actions in case of non-compliance
6.1. Elcom reserves the right to exercise as many actions as are required under the current law and applicable at any time and in any case to demand the responsibilities arising from the breach of any of the provisions of these general conditions for use of the website and/or related services on the part of a user.
7.- Integrity
7.1. The declaration of the nullity, invalidity or inapplicability of any of these general conditions will not affect the validity or applicability of the other conditions, which will continue to bind the parties. The waiver by either party to enforce any of the general conditions stipulated herein at a particular moment does not imply the waiver of the fulfilment of another condition or conditions, nor does it create a right acquired for the other party.
8.- Applicable law and relevant jurisdiction
8.1. The current general conditions of access and use of the website will be governed and interpreted in accordance with the Laws of Spain. For the resolution of any dispute which may arise from access and use of the website, the user and Elcom submit, expressly waiving any other jurisdiction which may correspond, to the Courts and Tribunals of the city of Valencia (Spain).