1. PRESENTATION AND IDENTIFICATION OF THE RESPONSIBLE
The website is owned by PILAR NEBOT DE RAFAEL (hereinafter PilarNDR), with Tax Identification number 35.060.790-G that provides the services of “wholesale and retail, import and export of all types of clothing items , accessories and accessories in leather and fabric) with registered office at Avda. Josep Tarradellas 104-1*2* – Barcelona 08029 (Spain), owner of the websites www.pilarnebotderafael.es, www.pilarnebotderafael.com and www.pilarnebotderafael.fr, regulates the use of the Internet portal service www.pilarnebotderafael.es, www.pilarnebotderafael.com and www.pilarnebotderafael.fr (hereinafter Websites), which is made available to users Of the same.
2. DESCRIPTION OF THE ACTIVITY
Through this website, PILAR NEBOT DE RAFAEL wishes to train you and inform you about the commercialization of the articles of clothing products that are offered in PilarNDR (hereinafter the PRODUCTS) and to offer you the best services in these matters.
This website is addressed to our customers, as well as potential clients, as well as to all users who consult the website (hereinafter referred to as USERS).
In case of any doubt about these General Conditions, you can consult us on the following web pages: www.pilarnebotderafael.es, www.pilarnebotderafael.com and www.pilarnebotderafael.fr
Next, the General Conditions of Use (hereinafter GENERAL CONDITIONS) are established, which will govern the relationship between the user that hires and uses the technological platform accessible through its mobile application or websites www.pilarnebotderafael.es, www.pilarnebotderafael .com and www.pilarnebotderafael.fr owned by PilarNDR (hereinafter PilarNDR) and / or use any of the products and / or services offered on the website and the person responsible for it.
For the purposes of these GENERAL CONDITIONS, any user who hires the use of the PilarNDR services and / or, in any way, uses the SERVICES offered on the platform or on the portal (hereinafter the USER) will be considered a user.
3. ACCEPTANCE OF CONDITIONS AND USE OF THE SITE
The use of this website is regulated in the following General Conditions of Use (hereinafter GENERAL CONDITIONS). We kindly ask you to read them carefully, because access to this website and use of its contents implies full acceptance of them.
Now, in this same website, different products that can be hired are reported, contacting PilarNDR; which will be provided according to the particular conditions agreed between the parties (hereinafter the SPECIFIC CONDITIONS).
By accepting this contract, you declare:
a) That he is a person of legal age and / or with the capacity to contract, in accordance with the general contracting laws of the State where he resides. In this sense, the User declares to be of legal age and have sufficient legal capacity to be bound by these conditions, as well as expressly and without exception accept that access and use of this website, its services and the contents of said services take place under their sole and exclusive responsibility.
b) That you have previously read, understand and accept the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the SPECIFIC CONDITIONS.
The use of the portal and the reading of the general conditions set forth below, implies full and express acceptance for the user, assuming full responsibility for the total and / or partial non-compliance with the provisions of the present clauses and of the legal and / or legal actions that may arise as a result of this infraction.
PilarNDR reserves the right to modify these general conditions of use, in order to adapt them to the corporate performance of the company, to the current legislation applicable at all times, to jurisprudential novelties and / or to the usual market practices.
In the event that the user does not agree with these general conditions and content, you must leave the Web, in which case you will not have access to the products and services offered by PilarNDR.
The products offered by PilarNDR are in continuous evolution based on new products that are coming to market offered to their customers and development of new tools that add value to PilarNDR.
The GENERAL CONDITIONS, SPECIFIC CONDITIONS, PRIVACY POLICY and updated COOKIES POLICY will be available at any time on the website of the PilarNDR manager at the following addresses: www.pilarnebotderafael.es, www.pilarnebotderafael.com and www.pilarnebotderafael.fr
The USER will accept said modifications, from the moment in which he continues to use the web page PILAR NEBOT DE RAFAEL to acquire any of the products offered by the company.
The use of certain services offered to USERS may be subject to specific conditions that, as the case may be, substitute, complete and / or modify these GENERAL CONDITIONS. Likewise, offers of new products and / or any of the services offered may be subject to particular conditions that may be established by PilarNDR at any time. These conditions may complete, modify or substitute, if applicable, the General Conditions. Therefore, prior to the use of these services, the USER must read carefully and accept the corresponding special conditions of each offer, products and / or services (hereinafter the SPECIFIC CONDITIONS) that will be published in the same media as the GENERAL CONDITIONS.
Likewise, the registration as a registered user necessarily implies the access and processing of the information that the USER enters in the PilarNDR portal; therefore, it may involve access and processing of the personal data of the USER by the person in charge of PilarNDR, whose treatment will be carried out in accordance with the PRIVACY POLICY.
The participation and registration as a registered user in the Web pages implies that the USER fully accepts the provisions included in these GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable and the PARTICULAR CONDITIONS, in the versions published at the moment in which The USER registers on the company’s website to Acquire the products and / or request the services online or in person at our stores and / or offices.
In case the USER does not agree with what is established in the aforementioned conditions, he / she will not be able to register as a registered user of the website and will not be able to acquire the products offered by PilarNDR, via online.
Likewise, in the event that the USER does not agree with any of the modifications made in the GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the PARTICULAR CONDITIONS, must stop using the Web pages or not. You can register as a user and a registered customer, since its contracting and use implies the acceptance of the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the SPECIFIC CONDITIONS at the time of said use.
4. MODIFICATION OF CONDITIONS
The information on this website and the products and services offered are constantly evolving and developing to provide the best possible experience and value.
When something is modified that implies a change in the GENERAL CONDITIONS, in the SPECIAL CONDITIONS and / or in the PRIVACY POLICY, this modification will be made, proceeding to publish and update them; so it is recommended to read periodically all of them and / or above all, before finalizing any contract.
The GENERAL CONDITIONS, the SPECIAL CONDITIONS and / or the updated PRIVACY POLICY will be available, at all times, on this website.
The USER of this website will accept these modifications from the moment he continues using it and / or acquiring the products offered by the company.
5. PRODUCTS AND SERVICES PROVIDED BY NEBOT DE RAFAEL
The web pages are web pages, designed and created by the RESPONSIBLE, to provide through the web platforms www.pilarnebotderafael.es, www.pilarnebotderafael.com and www.pilarnebotderafael.fr the commercialization, sale and distribution of all types of articles of clothing, including, merely informative and not limiting, “the production and sale of dresses, pants, shirts, shirts, coats, jackets, raincoats, blazers, skirts, belts, sashes, bags, shoulder bags, backpacks, bags, wallets, purses, accessories and clothing accessories, among other leather and fabric products”.
6. RECRUITMENT OF THE PRODUCTS AND SERVICES OF PILAR NEBOT DE RAFAEL
The use or initial navigation of the Web pages does not require prior subscription or registration. However, the USER who wishes to contract the products and services of PilarNDR should request it PilarNDR and the latter will inform him of the steps to follow.
In the contracting and / or registration process, the USER must:
Confirm that you are a person of legal age and / or with the capacity to contract, in accordance with the general contracting laws of the State where you reside.
Know and indicate if you have read and accept the PRIVACY POLICY, the GENERAL CONDITIONS and PARTICULAR CONDITIONS, the CONDITIONS OF PURCHASE and applicable where applicable.
Indicate whether or not you wish to receive commercial communications and promotional information from PilarNDR.
It has the legal capacity to contract the services offered on the Web. You are at least eighteen (18) years old. It is resident in Spanish territory and accesses the Web from that country. Manifest that accepts the connection to this agreement and understands and accepts in full the conditions set forth herein to use the Web and contract the services offered therein.
It is important that the USER carefully read these sections, since they contain relevant information about their rights, about the way of processing and obtaining both their personal data and the personal data of responsibility of the USER; as well as the rules that regulate and link the use of PilarNDR and the relationship between the USER and PilarNDR.
The USER must include the following information:
1. Name
2. Last name
3. Address
4. Population
5. Country
6. Telephone
7. Email
8. Delivery address of the product
9. Nick
10. Password
11. Billing information and to make the invoice
12. Payment information by credit card or by bank account number
13. Complete the payment
When the USER has confirmed that they wish to register or register as a regular user and customer of PILAR NEBOT DE RAFAEL, they will send an email confirming the registration on the company’s website and the possibility of placing their orders through the web. Likewise, we recommend that you read the general conditions of sale exposed in the portal to obtain more information about the procedure of purchase of the products.
The contracting of the products of PILAR NEBOT DE RAFAEL entails the acceptance of the economic conditions, prices, tariffs and payment terms agreed upon according to each product and / or depending on the services contracted. Therefore, please read carefully the conditions of purchase of the products displayed on the portal.
The confirmation of contracting will be effective, when having made the payment and confirmed its correct reception, serving the same as the perfection of the contracting of the products and / or services, PILAR NEBOT OF RAFAEL being obliged to comply with these with the same signature effect in paper and / or electronic format.
7. DEADLINE AND VALIDITY OF THE CONDITIONS OF USE
These GENERAL CONDITIONS and, as the case may be, in the SPECIAL CONDITIONS, will come into force as of the date on which this agreement between the USER and the RESPONSIBLE is completed and will end on the day that the user stops contracting for a period of time. PILAR NEBOT DE RAFAEL products or cause low as a registered user.
8. PLATFORMS AND SOCIAL NETWORKS
In case you contact and / or register to PILAR NEBOT DE RAFAEL through another social networks account and / or third party platforms such as Facebook, twitter and linkedin among others, the USER knows and consents expressly to that PILAR NEBOT DE RAFAEL access and use the information contained in this last profile, assuming in this case, not only the conditions and privacy policies of the third party but those of Pilar NDR.
In the event that the user shares or publishes and / or promotes the web page of PILAR NEBOT DE RAFAEL with another Social Media platform or with third parties, the user agrees to comply with all the terms of use, policies and guidelines established by the corresponding Social Media platform or third parties in relation to said content. The User also accepts to be solely responsible for any claim that may arise from sharing or publishing any content, on any Social Media platform or with third parties.
Social Media platforms or third parties are not partners or representatives of the RESPONSIBLE and the latter will not be responsible for the acts or omissions of these platforms in relation to their respective account.
9. ESSENTIAL OBLIGATIONS OF THE USER
By user, any person or entity that accesses the portal and any of its internal sections will be understood to:
– Contemplate, glimpse, investigate, search or consult its content.
– Get in touch with the company to request their products, services and / or information about their products and / or services.
– Sign up for the newsletter of the company to receive news and commercial advertising.
– Leave your comments on the web of new products that are published on the web and / or sold to the consumer.
– Participate with your comments on the blog and news that appear on the portal
All USERS, from the moment they start using the website and / or hire any of the products and / or services offered therein, are obliged to third parties and PilarNDR to comply with the following essential obligations:
a) To use the website without incurring in illegal or illicit actions, or contrary to the provisions of the GENERAL CONDITIONS, the PRIVACY POLICY and, where appropriate, the SPECIFIC CONDITIONS and their updates.
b) Not to damage, disable, overload or damage the website or prevent normal use or enjoyment thereof.
c) Do not make any attempt to violate levels of access, incorrect manipulation of data, duplications and exports of data or information protected by intellectual property or other legal rights, try to access restricted areas of the computer systems of PilarNDR or third parties, introduction of programs, viruses or any other device that produces or may produce modifications in the computer system of PilarNDR or third parties.
d) Not knowing the technical and legal requirements necessary for the correct access to this website and, where appropriate, the contracting of the products and / or services; This may imply the download of certain computer programs or other logical elements into their computing devices.
e) Not to use, link, disclose, assign or transmit to third parties in any way, the contents published on the website or part of them, or in the information of PilarNDR, without prior and express written authorization of PilarNDR.
f) Not to damage the image of PilarNDR in any way, nor to carry out any activity or comment that could damage the image and good name of PilarNDR.
g) Read, understand and, if you agree, accept the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the SPECIFIC CONDITIONS and their updates and, more specifically, the PilarNDR LINKS AND / OR COOKIES POLICY.
h) You agree to use the portal and the services in accordance with the law, with the general conditions, the particular conditions of certain services and other notices, regulations of use and instructions made known to you, as well as morals and good generally accepted customs and public order.
i) It is obliged to make an appropriate use of the services and / or contents of the portal and not to use them to carry out illicit or criminal activities that violate the rights of PilarNDR and / or third parties and / or that violate the regulation on industrial and intellectual property or any other norms of the applicable legal order of both PilarNDR and third parties.
j) Given that it is a private application, the user undertakes not to send messages and / or promotional and / or advertising content to other users, without the express authorization of the user and / or PilarNDR.
k) The user can not voluntarily obstruct the access of other users to the portal through mass consumption of the telematic resources of the portal, as well as perform actions that damage, interrupt or generate errors in such systems.
l) The user will not be able to send or forward messages in chain or pyramid type or illegal multilevel marketing.
m) The user may not voluntarily enter programs, viruses, macros, applets, controls, activeX or any other logical device or sequence of characters that cause or are likely to cause any type of alteration, reduction of functionality and / or speed, destruction of the computer systems of the portal or of the telecommunications, software and hardware of PilarNDR and / or of third parties. Likewise, the user is prohibited from accessing the systems in an automatic way (such as harvesting bots, robots, spiders or scrapers) without the authorization of the PilarNDR.
n) Regarding the access and identification keys are personal and non-transferable and is the responsibility of each user. The user will be solely responsible for choosing strong and difficult to guess passwords, such as the combination of figures and letters, punctuation marks and special characters. In this sense, the user will avoid choosing common words, words related to it, dictionary words or simple to guess. Consequently, each user is the sole and exclusive responsible for them, and exempts PilarNDR from any loss or improper use thereof by third parties without consent, pledging not to assign its use or to allow unauthorized access to it. third parties, assuming full responsibility for the damages that may be caused by this unauthorized use by third parties. In the case of loss, theft and / or loss of the password, the user undertakes to inform the PilarNDR immediately.
o) In the event that the user has suspended the service and the account, it will be totally forbidden to open a new account, without permission of the PilarNDR.
p) The user may not voluntarily obstruct the access of other users to the portal through mass consumption of the telematic resources of the portal, as well as perform actions that damage, interrupt or generate errors in such systems.
q) In the case of registering, the user has to give true, accurate data and keep them updated.
r) The user undertakes not to use false identities or to impersonate the identity of other third parties.
10. INTELLECTUAL PROPERTY, IMAGE RIGHTS AND INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY
The present website, its contents and its distinctive features are protected by Spanish and international intellectual and industrial property laws, all of which correspond exclusively to PILAR NEBOT DE RAFAEL, and its use and exploitation are reserved.
It is forbidden the reproduction, distribution, public communication, transformation and / or making available to the public and, in general, any other form of exploitation, by any procedure, of all or part of the contents of this website, its design, selection and form of presentation of the materials included in it; as well as the brands and trade names included in said website. These acts of exploitation can only be carried out if PilarNDR expressly gives prior written authorization and, provided that explicit reference is made to the ownership of PilarNDR of the aforementioned intellectual and industrial property rights.
For the use of the website and / or the contracting of the services, the USER does not acquire any rights over them, being able to simply use them according to what is agreed in these GENERAL CONDITIONS and / or, as the case may be, SPECIFIC CONDITIONS.
In the event that the USER detects any activity susceptible to violate any right of intellectual, industrial or any other type of right, we ask that you inform us by sending a communication to the following email: info@pilarnebotderafael.es.
The contents, elements and information to which the user can access through the Portal are subject and protected by the Intellectual and Industrial Property rules, including trademarks, trade names, legends, graphics, logos, patents and copyright, which they belong exclusively to PILAR NEBOT DE RAFAEL and / or to the owners of the brands sold by PilarNDR and are protected by national, community and international legislation on industrial property.
The user undertakes not to suppress, modify, plagiarize or alter any distinctive sign, brand, commercial name, legend, graphic or logo. The user accepts that access to the portal and its contents does not give him any right over his property, nor for its alteration or modification, nor for its exploitation, misappropriation, commercialization, nor to carry out any act of denigration, confusion , use of the reputation, or any act of unfair competition that infringes the industrial property rights of PILAR NEBOT DE RAFAEL and / or third parties and / or third brands that appear on the portal.
In relation to the contents, designs, product designs, photographs, drawings and illustrations of the portal, they belong exclusively to PilarNDR and are protected by the applicable national and international legislation. The user acknowledges that the intellectual property rights of PilarNDR are protected by the regulations established for Intellectual Property.
The user acknowledges that none of the rights set forth herein are assigned to him and undertakes not to exploit, reproduce, publicly communicate, distribute or decompile them. Any action contrary to these rights, will be the responsibility of the user, being the only responsible before third parties and will respond to as many legal or judicial actions initiated by its breach.
In this way, the user agrees to use this information exclusively for their own needs, for consultation or assistance and not to carry out, directly or indirectly, any commercial exploitation of the services, content, or any other action that affects the industrial or intellectual property rights of its owner and / or third parties, including, but not limited to, suppliers, clients and / or collaborators of PilarNDR, among others.
The user is also obliged not to suggest or encourage third parties or third parties competitors of PilarNDR to carry out actions prohibited by law or acts of unfair competition that prevent the positioning of the company, generating confusion, association, producing a discredited in the image, brand or commercial name, that generate contempt or that are comparative acts in order to obstruct the implementation, development and correct evolution of PilarNDR in commerce.
The user will also not use the distinctive signs, to carry out commercial actions, for their own benefit or that of others.
The user will refrain from carrying out acts that attempt against morality, public order, as well as acts that attempt against dignity, honor, image, personal or family privacy, or that are unlawful or attempt against morality and Good habits.
The responsibility for actions prohibited or contrary to the law, will be exclusively the user, pledging to leave PilarNDR unharmed in the face of any judicial or extrajudicial action that is carried out as a result of their actions. The user undertakes and is responsible for carrying out its compliance and to extend them to all those persons authorized by the user to make use of their restricted access to the portal.
Likewise, the design of the frames, banners, software, source code and their different codes, belong exclusively to the PilarNDR who legitimately has the exploitation rights over them. In this way, the user will not be able to dissect the software or any technical and / or computer element for its study, decompile it and / or analyze the source code in its original language to translate it with the same or another code or language.
Only the visualization and loading of the contents for the personal use of the user is authorized, being prohibited the realization of the same for a commercial purpose.
In addition, no link or link to the Portal can be established with another portal, without the express written authorization of PilarNDR.
11. COMMENTS ON THE PRODUCTS
Through the Portal, the user may leave comments and opinions of the products exhibited in it. In this sense, the user agrees to:
1. Not to use or disclose images in pornographic photographs, magazines or films and / or erotic content or whose purpose may attempt against the dignity, image, privacy and honor of the persons appearing in them. It is understood, as a consequence, that the user will not exploit the photographs that may affect the privacy of the persons that appear, and that the use will not be used for any dissemination on pornographic, xenophobic, violent or illicit.
2. The user will use appropriate language and respectful behavior with other users of the portal, whether or not they are registered, as well as with no attempt against the products and designs of PilarNDR. It is forbidden to introduce content, comments and opinions obscene, pornographic, xenophobic, hurtful, intimidating, violent, immoral or offensive and, in general, lacking utility for the purposes for which the portal was created, as well as not attempt against the commercial image and the good name of the PilarNDR.
3. The user will not publish personal documents, financial information and / or statements of any of the people that appear in the portal, unless there is authorization of the same.
4. Since it is a private application, the user undertakes not to send messages and / or promotional and / or advertising content to other users, without the express authorization of the user and / or PilarNDR.
5. The user may not enter content, comments and opinions in order to generate discussions, confrontations, controversies, discomfort and provoke other users and any third party.
6. In the case of putting links to other social networks such as YouTube, Facebook, LinkedIn and / or Twitter among others, the user agrees to respect the content of these sites, as well as not to modify it. In the event that the user links to other sites that are not considered social networks, the user will need the express written authorization of PILAR NEBOT DE RAFAEL and will be in charge of complying with the established norms with the other sites from which it comes as with the PilarNDR portal.
12. ACTIONS OF PILAR NEBOT DE RAFAEL FOR THE SURVEILLANCE AND THE CORRECT FUNCTIONING OF THE PORTAL
PilarNDR will control and continually moderate and manage the content of the portal and can ensure compliance with the provisions set forth in these regulations.
Likewise, and in the event that the infraction of these rules is of extreme gravity and / or in a repeated and repeated manner, PilarNDR reserves the right to cancel and cancel the registration as a user or access as a user.
PilarNDR may delete contents and information that it may consider that violate the regulations or when they are not complying with any regulations established in these conditions of use.
In addition, PilarNDR, reserves the right to initiate the corresponding legal actions for all those who infringe the regulations or infringe the rights of PilarNDR, including the damages to PilarNDR.
PilarNDR has reflected the rules for the proper use of the contents, as well as has adopted all the necessary security and privacy measures that avoid manipulation of the contents by third-party users, such as the suspension of the service to any person who does not comply with the policy of use of the portal and / or cancellation as PilarNDR. However, and even if all necessary technical and technological means are put in place, PilarNDR will not be responsible for actions committed by users or by other third parties, whether or not they are registered.
13. RESPONSIBILITIES OF THE USERS
Likewise, the user accepts without reservation all the conditions established in the portal and will be responsible for the inappropriate, irresponsible, negligent, culpable or fraudulent use of the content of the information, and will assume the consequences and responsibilities in the face of any legal or judicial action that may arise interpose as a result of your actions
Likewise, PILAR NEBOT DE RAFAEL is not responsible for any infringement of the rights of intellectual property, industrial property, image rights or any other right committed by third parties or third parties outside the portal.
The user accepts that whatever the use, undertakes not to sue, or initiate proceedings or legal claims and unconditionally releases, releases and undertakes to leave PilarNDR harmless from any judicial or extrajudicial claim, liability, risks, demands, actions, causes of action, costs and expenses of any kind, legal or by right, known or unknown, anticipated or not anticipated, suspicious or not suspicious, that you have now or may have one day, produced by your actions or the actions of third parties.
The user is committed and is responsible for carrying out its compliance and to extend them to all those people authorized by the user to make use of the contents.
14. RESPONSIBILITY OF PILAR NEBOT DE RAFAEL
PILAR NEBOT DE RAFAEL will try at all times to provide the service with the highest quality possible. Notwithstanding the foregoing, we decline any responsibility arising from failures, interruptions or damages caused by system breakdowns, interferences or disconnections or by the malfunction of the portal service.
In the same way PilarNDR declines all responsibility and / or assumption of damages, of any kind or nature, arising from the illegitimate action of third parties by any means or by the use of the website in an improper or inappropriate manner by the parties users, and in any in case, PilarNDR does not assume any responsibility that is caused by the action or negligence of others and that may or may not affect, directly or indirectly, servers and other computer equipment of the USER or third parties.
The USER agrees to indemnify and hold PilarNDR, its subsidiaries, affiliates, directors and collaborators and / or employees harmless from any liability or claim, including reasonable attorney’s fees, presented by third parties, as a result of improper or unauthorized use of the website and / or the services offered, by the USER, or the infraction by the latter of the GENERAL CONDITIONS, SPECIAL CONDITIONS, if applicable, and / or PRIVACY POLICY, as well as any infringement of legislation or any right.
PilarNDR can not guarantee the absence of viruses or other harmful elements that may affect the USER’s equipment; therefore, the latter must adopt measures to avoid possible risks of this type in response to the current state of telecommunications.
PilarNDR is not responsible for website interruptions motivated by force majeure or circumstances beyond its reach.
Likewise, PilarNDR may interrupt access temporarily, by security measures or by reason of the restructuring of computer resources, in order to improve the use service of the website.
PilarNDR only provides the USER with the information published on the website. The USER, therefore, is solely responsible for the correct use of the same and that said use is made in accordance with the GENERAL CONDITIONS, SPECIFIC CONDITIONS, if applicable, and the PRIVACY POLICY.
If the USER is not satisfied with the use of the website, its contents or services or with any part of these GENERAL CONDITIONS, the PRIVACY POLICY and / or PARTICULAR CONDITIONS, its sole and exclusive remedy will be to stop accessing the website and / or to use your services.
Likewise, PILAR NEBOT DE RAFAEL will not be responsible for any of the following actions:
1. Correct operation, and continued availability: PilarNDR will not be responsible for failures in the functioning of the portal, nor for the interruption, delays, slowness, loss or disconnections in communications and in the transmission of messages. PilarNDR does not guarantee, nor is responsible for, a continuous, constant and uninterrupted functioning and operation of the portal.
2. Liability for damages to the user: PilarNDR will not be responsible, indirectly or subsidiarily, for damages of any kind caused to the user as a consequence of the presence of viruses or other elements in the content and services provided by third parties that may produce alterations in the system contained in the portal. Neither will be responsible for damages and losses caused to the user due to errors and errors in access, connections, transmissions, interruption without just cause of service, intrusions, computer viruses, mass advertising or when the aforementioned causes, are due to situations outside the portal such as defects in the user’s computer, deficiency in their connection, internal viruses in the user’s computer, slowness and problems in the communications that the user has with telephone operators and / or when they are due to force majeure.
3. Responsibility in the contents: PilarNDR does not guarantee the quality, accuracy or reliability of the data, programs, information and opinions, whatever the origin, circulating in the portal. The user, assumes under its sole responsibility, the consequences, damages or actions that may arise from access to such content.
4. Liability for third parties: PilarNDR will not be liable as a result of acts performed by third parties outside the system, which, violating security measures, carry out acts against users such as sending computer viruses, mass advertising or spam, commercial emails, interruption of service and access to messages.
5. Force Majeure: PilarNDR shall not be liable for any failure or delay in the performance of any of its contractual obligations caused by events beyond its control and will (force majeure). For reasons of force majeure any unforeseeable and exceptional situation or event, or independent of the will of the contracting parties and in particular (without limitation), shall be understood as follows: Strikes, lockouts or any other collective action, civil commotion, riots, invasions , terrorist attacks or threats of terrorist attacks, war (declared or not) or threat of war, fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters. Impossibility of use of public or private telecommunications networks, and laws, decrees, regulations or restrictions of any government.
6. PilarNDR is committed and ensures that it has adopted all technical, organizational and legal measures for the security of communications, both in terms of secure connections and in terms of protection of personal data. What PilarNDR can not ensure or guarantee, and in this way, disclaims any responsibility, is the total invulnerability of its security system or the inviolability of communications. PilarNDR will not be responsible for any damages that may be caused by viruses in the contents and that may cause alterations in the computer system (hardware and software of the user).
7. PilarNDR will not be liable for any damages that may occur in cases of force majeure, incidental or not attributable to the company. Neither is responsible for the inadequate functioning of the portal for reasons beyond its competence, such as enunciative and non-exhaustive, malfunctioning of telephone operators, poor configuration of the portal by the user or insufficient capacity of the user’s computer system to support the content and the extension of the information displayed on the portal. However, PilarNDR is committed to put the utmost diligence to solve technical problems, correct them or help the user to solve them.
8. PilarNDR will not be responsible for the incidental deletion of all or part of the material of the portal being impossible or very costly to recover, so that it can not be carried out finely, so it is recommended that users keep copies of security of its contents.
9. The portal has been designed to support browsers such as Firefox, Chrome, Explorer, Opera and Safari. PilarNDR is not responsible for the damages that may be caused to other users by the use of other browsers or different and non-original versions of the browsers used in the design of the portal, as well as not keeping the browsers sufficiently updated.
10. PilarNDR reports that communications through networks are not secure. In this way, it is up to the user to adopt all necessary measures to control these risks and avoid viruses that may not only damage the equipment of this portal and the user, but may suppose theft of confidential information of the user and / or third parties. For these purposes the user must have an updated antivirus for the detection of malicious software, such as viruses, trojans and other harmful elements.
11. PilarNDR, will not be responsible for the access of minors to the content of the Web, being the responsibility of their parents, guardians and legal representatives to exercise an adequate control over the activity of the children or their dependents as for example the installation of access control system for minors to certain Web pages.
12. PilarNDR will not be responsible for incomplete communications or transmission failures.
15. MODIFICATIONS, SUSPENSION OF SERVICE AND LOWER SERVICE
1. Modifications: PILAR NEBOT DE RAFAEL reserves the right to at any time make the modifications it deems appropriate in the portal, organizing, deleting or adding content, data or services. The aforementioned modifications will be carried out unilaterally and without prior notice. In relation to the conditions, PilarNDR reserves the right to modify, alter and / or draft new clauses depending on the new activities, products and / or services to which it extends or to adapt to new regulations and legislation that may arise. Said modifications will only be obligatory as of their entry into force and will be applicable to the user at the same moment in which the portal is accessed.
2. Suspension of service: PilarNDR reserves the right to suspend unilaterally and without notice the service, or deny access to the portal, temporarily or indefinitely, to any user who fails to comply with these conditions, or carry out illegal acts, illegal and contrary to the law, public order and good customs.
16. DURATION AND TERMINATION AND RESOLUTION
The provision of the services of the portal and its operation has, in principle, an undefined character. However, PILAR NEBOT DE RAFAEL may temporarily suspend the service or terminate it definitively, at any time or instant, without prior notice.
In the event of a unilateral termination of the service or forced removal from the portal, PilarNDR will inform you previously of the causes of its resolution, as well as the reasoning on which it bases its decision. In all these cases, you will not be able to request any indemnification or any liability from PilarNDR.
17. NOTIFICATIONS AND PROCEDURES
PilarNDR may send the user communications by postal mail to the user’s address, email, telephone calls or any other public means of dissemination provided that this information has been made known to PilarNDR in the proper manner.
In this sense, all notifications made by PilarNDR to the user will be considered validly made, if they have been made using the aforementioned data and means. For these purposes, the user states that all the information provided is true, accurate, correct and truthful, promising to communicate to PilarNDR all changes, news and future modifications related to the notification data.
All notifications and communications made to PilarNDR by the user will be considered effective, for all purposes, when directed to PilarNDR, in any of the following ways:
1. Send by postal mail to the following address: Avda. Josep Tarradellas 104-1*2* – Barcelona 08029 (Spain).
2. Sending an email to: info@pilarnebotderafael.es
18. INTEGRITY OF CONDITIONS
The annulment or declaration of nullity of any of the clauses of these conditions will not entail in any case the resolution of the same or nullity thereof in its entirety, remaining the rest of the clauses in force and with full effects and that have not been declared null.
Each of the stipulations of these clauses must be interpreted separately and independently of the rest.
If any clause included in these GENERAL CONDITIONS and / or the PARTICULAR CONDITIONS, is declared, totally or partially, null or ineffective, such nullity or inefficiency will affect only said provision or the part of it that is null or ineffective, subsisting the GENERAL CONDITIONS and the SPECIFIC CONDITIONS in all the rest, having such disposition, or the part of the same that was affected, by not putting.
19. LEGISLATION AND APPLICABLE JURISDICTION
For any question or divergence that may arise on the website, content and services contracted, the USER and PilarNDR, expressly waiving any other jurisdiction that may apply, expressly submit to the application of Spanish Law, with the Courts also being competent. Spanish, with express submission to the jurisdiction of the Courts of Barcelona, ​​unless the applicable law imperatively determines another jurisdiction or different legislation.