TERMS AND CONDITIONS OF USE
1. INFORMATION PRIOR TO CONTRACTING, AVAILABILITY OF THE CONTRACTING CONDITIONS, ACCEPTANCE OF THE CONTRACTING PARTY, DOCUMENTATION AND INFORMATION AFTER CONTRACTING
These General Conditions of Use as well as the General Contracting Conditions of the different services that are made available to the user on the VICTIRES web site, are displayed on a permanent basis on the website owned by VICTIRES http: //www.VICTIRES .com can all users archive, print and, therefore, be previously informed of the conditions of use of the place as well as the contracting conditions under which the different services will be provided. As for the products that the USER is acquiring, VICTIRES, at the time of the purchase and within a period not exceeding twenty-four hours sent to the email address, which the CONTRACTING PARTY has specified in the user registration form as main contact way, justifying invoice with description of the product or products purchased and the cost thereof (with breakdown of taxes if applicable). Likewise, the CONTRACTING PARTY will continue to have permanent access to both the General Conditions and all the General Contract Conditions of the different services, as well as the details of the specific services contracted and the period of validity thereof, in their private area. together with the invoices proving payment. Any subsequent modification of the present General Conditions or of the General Conditions of Contract of the services, will be, exposed clearly in a place of easy access in the place web (http://www.VICTIRES.com). All the aforementioned documentation may be printed and filed by the CONTRACTOR, who may request it at any time via email using the contact form.
2. OBJECT OF THE WEB PLACE
www.VICTIRES.com The web site of VICTIRES has been made to offer related to the automotive world.
3. CONDITIONS OF ACCESS AND USE
The use of the web site www.VICTIRES.como does not entail the obligation of registration or registration of the USER, this will only be necessary to contract services by entering certain data in a USER registration form where the General Conditions of use (see clause 1 of these Conditions).
The conditions of access and use of the website of VICTIRES are strictly governed by current legislation and by the principle of good faith, the USER committing to make good use of the website. All acts that violate the legality, rights or interests of third parties are therefore prohibited: right to privacy, data protection, intellectual property ... Expressly and without limitation VICTIRES prohibits the following:
- perform actions that may occur on the website or through it by any means any type of damage to VICTIRES systems or third parties.
- carry out, without due authorization, any type of advertising or commercial information directly or covertly, sending unsolicited bulk emails (spamming) or sending large messages in order to block servers from the network (mail bombing) VICTIRES receives from different impartial organizations that fight against the use of this type of practical notifications when a user or CONTRACTOR of VICTIRES massively sends unwanted mail resulting damaged VICTIRES since their image and prestige is damaged. In the event that VICTIRES receives these notifications, it will let the CONTRACTING PARTY know, because it immediately ceases with these bad practices. VICTIRES will not enter to assess whether the addresses to which the CONTRACTING PARTY has sent unsolicited mail were obtained with the consent of its owner but will act whenever an organization dedicated to the fight against these activities so notify it - these organizations receive complaints of the people who receive unsolicited emails- and therefore if the CONTRACTING PARTY does not abandon the use of these practices, VICTIRES will immediately cancel the service and resolve this contract, reserving the exercise of how many legal actions are appropriate to defend their interests. Likewise, the use of programs designed to cause problems or attacks on the network is expressly prohibited. It is also expressly forbidden to try to test the security of the servers by making any type of entry or action that is not strictly necessary for the enjoyment by the user. VICTIRES may interrupt access to its website at any time if it detects a use contrary to legality, good faith or these general conditions - see clause seven.
The contents included in the VICTIRES website have been prepared and included by:
- the VICTIRES entity itself, using internal and external sources, in such a way that VICTIRES is only responsible for the content developed internally.
- USERS, through collaborations or voluntary introduction of contents, being the only ones responsible for them and being expressly exempt VICTIRES from any responsibility that may derive from them.
- natural and legal persons outside VICTIRES, either through collaborations that are inserted directly on the website, or through links or links, being these solely responsible for the contents thus introduced and VICTIRES expressly exempt from any responsibility. In addition, through the web site of VICTIRES, products and services of VICTIRES and third parties destined to be commercialized are placed at the disposal of the USER and will be subject to the General and Particular Conditions of each one of them.
VICTIRES does not guarantee the veracity, accuracy or timeliness of the contents related to the services offered by third parties and is expressly exempt from all types of liability for damages that may arise from the lack or errors in the characteristics of the services that may be Offer these third parties.
The USER who wishes to establish a link in its website to the VICTIRES web site will not use illegally or contrary to the good faith of the information, services or products made available in the aforementioned website, specifically the USER who enters a link or link commits to:
- not to destroy, damage or alter in any way the contents, services or products made available to the USER on the website of VICTIRES
- not to declare that VICTIRES assumes the supervision of the link or the contents of the USER's own website that introduces a link to the VICTIRES web site on its own website.
VICTIRES will not be responsible in any case for the contents or services of the USER's website where a link or link to the website of VICTIRES is included.
- not include in its own place the brand, trade name or any distinctive sign belonging to VICTIRES without the prior authorization of the entity.
5. VICTIRES RESPONSIBILITY
5.1 Errors in connections, fortuitous event and force majeure: VICTIRES will not be responsible for errors, delays in access, delays in the system or any anomaly that may arise in relation to general problems in the Internet, case causes fortuitous or force majeure or any other contingency totally unpredictable and therefore alienates the good faith of the company. VICTIRES is committed to trying to solve these incidents by putting all the means at their disposal and offering all the necessary support to the USER to solve the incidents in the fastest and most satisfactory way possible. Also VICTIRES will not be responsible for the failures that for these causes may occur in communications, deletion or incomplete transitions in a way that does not guarantee that the website is at all times operational when it is due to issues not attributable to VICTIRES or that it is not You can solve with the means that are within your reach.
5.2 Use of the website: VICTIRES will not be liable in any case for errors or damages caused by the inefficient use and bad faith of the service by the CONTRACTING PARTY. Neither will VICTIRES be held liable for major or minor consequences due to lack of communication between VICTIRES and the CONTRACTING PARTY when it is attributable to the non-functioning of the e-mail facility or to the falseness of the data provided by the CONTRACTING PARTY in its user registration at www.VICTIRES. com.
5.3 Responsibility: VICTIRES assumes the responsibilities that may arise for the provision of the services offered within the limits and as specified in the different General Contract Conditions of the services that are made available to the USER.
In the case of a defective product, VICTIRES shall proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, which shall be free for the consumer and user. VICTIRES responds of the lack of conformity that is manifested within a period of two years from delivery. The consumer and user must inform the seller of the lack of conformity within two months of having knowledge of it.
7. RESPONSIBILITY OF THE USER
7.1 Good use of the service: The USER is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial uses. VICTIMS is empowered by the way of these General Conditions of Use, from the moment you have reliable knowledge of the realization by the USER of any action or illegal use in general, to inform the competent authorities of these circumstances and give to cancel the USER or restrict access to the website of VICTIRES. The USER will be the only responsible in front of any claim or legal action, judicial or extrajudicial initiated by third parties directly harmed by the USER before courts or other bodies, assuming all expenses, costs and compensation that, if appropriate, may assume VICTIRES if the claim is directed against this. Likewise, VICTIRES will collaborate and notify the competent authority of these incidents at the moment that it has reliable knowledge that the damages caused constitute any type of illegal activity, especially in the field of contents introduced by the USER that may violate the rights or legitimate interests of VICTIRES or of third parties.
7.2 Guard and custody of access keys: The USER will be responsible for the security and confidentiality of the keys with which he accesses his private area that are granted when registering as a USER- to perform the contracting of the different services to keep them safe in order to prevent access to unauthorized third parties.
7.3 Due Diligence: The USER is responsible for carrying out all the actions that are required with due diligence with special character, the USER must be diligent with respect to the updating and truthfulness of his personal details, fundamentally of the electronic mail indicated in the form of USER registration as the main means of contact with VICTIRES - see clause 7 of these Conditions.
VICTIRES and the USER agree to communicate and notify all incidents that occur throughout the validity of the different services that may have contracted, preferably and prior to any other means of communication, by email. The VICTIRES mail for these communications will be email@example.com and the CONTRACTING one will be provided in the VICTIRES user registration form at www.VICTIRES.com. The USER undertakes to have this email operative and to modify it from his private area if necessary to continue receiving the communications. In any case, should any urgent problem or failure in the previous communication occur, the communications will be made by telephone, fax, postal mail, courier or any other system suitable for the purpose pursued. However, the preferred means of communication is that of electronic mail, VICTIRES being exempt from any type of responsibility that may arise from the lack of consultation or error in the electronic mail provided by the USER. Each of the parties will be responsible for the custody and custody of the copies of the communications that are made.
9. COPYRIGHT AND TRADEMARK
VICTIRES is a registered trademark. The use of others by any means of the trademark of VICTIRES, which includes both the name and the logo, is expressly forbidden, except with the express consent of VICTIRES. All rights reserved. In addition, the web site of VICTIRES -the own contents, the programming and the design of the web site- is fully protected by copyright, being expressly prohibited any reproduction, communication, distribution and transformation of the aforementioned protected elements except express consent of VICTIRES.
10. JURISDICTION AND APPLICABLE LAW
These General Conditions are governed by Spanish legislation. Specifically, they are subject to the provisions of Law 7/1988 of April 13, on General Contract Conditions; Law 26/1984 of July 19 General, for the Defense of Consumers and Users; Royal decree 1906/1999 of December 17, 1999, by which the Telephone or Electronic Contracting is regulated with general conditions; Organic Law 15/1999 of December 13, on Protection of Personal Data; Law 7/1996, of 15 of Gener of Retail Trade Regulation, and Law 34/2002 of July 11, of Services of the Information Society and Electronic Commerce. For the resolution of any controversy or conflict that derives from these general conditions, the Courts and Tribunals of the domicile of the CONTRACTOR shall be competent in the event that the latter has the status of consumer. In another case, the Courts and Tribunals of Girona shall be competent, the CONTRACTING PARTY expressly renouncing any other jurisdiction that may correspond to him.
In the event that any clause of this document is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these conditions. This contract is made only in Spanish. VICTIRES may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of the same, except express recognition by VICTIRES.