These General Conditions of Use regulates the access and use of the website www.tomascolomer.com (the “WebSite”), whose content is exclusively informative. The Website is owned by Tomas Colomer, S.L. established in Avda. Portal de l’Àngel, 7 – 08002 Barcelona y CIF B08096901 . The access and browsing of a user through the Website implies knowledge and unreserved acceptance of the following terms and conditions (the “General Conditions”):
1. Terms and Conditions
1.1. The contents, commercial activities, products and services included in the Website are not conceived nor directed to those people who reside in jurisdictions where their contents are not duly authorized.
1.2. The Website includes only the pages served by www.tomascolomer.com in every moment. The access to, and browsing by, the Website is the users sole responsibility in the terms provided in these General Conditions.
1.3. The consultation of any of the contents of the Website will not constitute by itself any type of contractual relationship between Tomas Colomer, S.L. and the user.
2. User obligations
2.1. The user agrees to use the services and contents of the Website in accordance with the Law, the present General Conditions and the particular conditions of the products and services that offer Tomas Colomer, S.L. at each moment, and must refrain from using them to:
(I) Perform illicit activities or constitutive of crime, contrary to good faith, morality, public order, or the uses, and/or activities that constitute an infringement of the regulation on intellectual and industrial property or any other rule of the applicable legal system.
(II) Disseminate racist, xenophobic, pornographic, apology of terrorism content and/or that violates human rights.
(III) Introduce or disseminate data programs on the network (viruses and harmful software) susceptible to causing damage to the computer systems of Tomas Colomer, S.L., its suppliers or third users of the internal network or this Website.
(IV) Send your username and password to unauthorized third parties, must communicating immediately to Tomas Colomer, S.L. the access by an unauthorized user to such information. For this purpose, Tomas Colomer, S.L. reserves the right to modify the username and password for the service protection.
(V) Make available to other users, send by email or in any way send any content that, in accordance with the applicable provisions or existing contractual relationships, the user is not authorized to transmit (such as insider information, information protected by industrial or intellectual property rights or information about which there are a duty of confidentiality).
(VI) Perform spamming practices and, in general, disseminate unsolicited or authorized advertising, advertising material, “junk mail”, “chain letters”, “pyramidal structures”, or any other information way, except in the specifically enabled areas of the Website for it.
(VII) Reproducing, duplicating, copying, selling, reselling or exploiting for commercial purposes, in whole or in part, the Website contents.
2.2. The users that contract services or products through the Website declare to be of legal age according to the Spanish legislation. In case of contracting by minors, the authorization of the parents or guardians is required, in order to enjoy the contracted service.
3. Modification of information
Tomas Colomer, S.L. reserves the exclusive right to update, modify or eliminate the contents of the Website, as well as the right to limit or prevent access to it. Tomas Colomer, S.L. may exercise such rights at any time and without prior notice.
4.1. Tomas Colomer, S.L. undertakes to make its best efforts to avoid any error in the contents that may appear on the Website. En cualquier caso, Tomas Colomer, S.L. shall be exempt from any liability arising from possible errors in the contents that may appear on the Website.
4.2. Tomas Colomer, S.L. does not assume any responsibility for any discrepancies that may exist between the printed documents and the electronic version published on the Website. In case of discrepancy between the printed version and the one published on the Website, the printed version will prevail.
4.3. Tomas Colomer, S.L. is not responsible in any way for those contents, commercial activities, products and services included that could be viewed through electronic links (links), directly or indirectly, through the Website. The presence of links on the Website, unless expressly stated otherwise, has a simply informative purpose and in no case supposes suggestion, invitation or recommendation on them. These links do not represent any kind of relationship between Tomas Colomer, S.L. and the individuals or companies owners of the websites that can be accessed through these links. Tomas Colomer, S.L. reserves the right to withdraw unilaterally and at any time the links that appear on the Website.
5. Browsing, access and security
5.1. Tomas Colomer, S.L. makes its best efforts so the browsing takes place under the best conditions.
5.2. Tomas Colomer, S.L. does not assume any liability or guarantee that access to the Website will be uninterrupted or error-free. Tomas Colomer, S.L. neither assumes any responsibility nor guarantees that the software content that can be accessed through the Website is free of errors and can not cause damage to the computer equipment from which the user accesses. In no case Tomas Colomer, S.L. will be responsible for losses, damages of any kind arising from the use of and browsing by, the Website, including, without limitation, damages caused to computer systems or those caused by the contamination of viruses. In particular, Tomas Colomer, S.L. is not responsible in any way for the falls, interruptions, lack or defect of telecommunications that could occur in the course of financial nature operations nor of those damages that could be generated in such cases.
5.4. Tomas Colomer, S.L. is not responsible for any damages that may be caused to users due to improper use of the Website.
5.5. The services and products offered on the Website can only be used correctly if the technical specifications for which they have been designed are met.
6. Data Protection
6.1 Tomas Colomer, S.L. keeps only the personal data provided by the user in accordance with the General Conditions of the contract for the acquisition of services and/or products. The obtained information is totally anonymous, and in no case can be associated to a specific user and identified.
(a) The date and time of the last time the user visited the Website.
(b) The content design chosed by the user in his first visit to the Website.
(c) Contact information.
(d) The security elements involved in controlling access to restricted areas. The user has the option to prevent the generation of cookies, by selecting the appropriate option in his/her browser.
6.3 Tomas Colomer, S.L. is the owner of the database generated with the personal data provided by users. Tomas Colomer, S.L. undertakes to fulfill its obligation of secrecy of personal data and its duty to treat them with confidentiality, and will adopt, for these purposes, the necessary measures to avoid its alteration, loss, treatment or unauthorized access, at taking at all times the state of the technology in accordance with the provisions of the legislation on personal data protection that is applicable in Spain at any time. The user accepts that the personal data provided at the requesting time for the provision of any of our services are incorporated into an automated file, whose ownership corresponds to Tomas Colomer, S.L., in order to provide the requested service, and to can bring any information that may be of interest of you about other opportunities, products or novelties. The user will be responsible, in any case, of the veracity of the data provided and will be responsible for communicating to Tomas Colomer, S.L. any modification in them, reserving Tomas Colomer, S.L. the right to exclude from the registered services any user who has provided false information, without prejudice to the other actions that proceed in law. Finally we inform the user that to exercise the rights of access, modification, opposition and cancellation can send to Tomas Colomer, S.L. a written request to the aboved address.
7. Information about technical aspects
Tomas Colomer, S.L. will not be responsible for possible damages that could be derived from interferences, omissions, interruptions, computer viruses, telephone faults or disconnections in the operational functioning of this electronic system, motivated by unrelated causes to Tomas Colomer, S.L.; of delays or blockages in the use of the present electronic system caused by deficiencies or overloads in its Data Processing Center, of telephone lines, in the Internet system or in other electronic systems; nor of damages that may be caused by third parties through illegitimate interferences beyond the control of Tomas Colomer, S.L.. Likewise, Tomas Colomer, S.L. will not be responsible for any damage or injury that the user may suffer as a result of errors, defects or omissions, in the information provided by Tomas Colomer, S.L. whenever it comes from outside sources. Nor will be responsible Tomas Colomer, S.L. of inadequate use of the service as a result of maintenance, a defective configuration of the user’s computer equipment or the insufficient capacity to support the necessary computer systems for the use of the services offered.
8. Intellectual and industrial property
Certain contents to which the user can access through the Website are linked to industrial and intellectual property rights owned by Tomas Colomer, S.L. or of third-party holders of such rights. The access to these contents or elements through the Website does not provide the user the right of alteration, modification, exploitation or copy, distribution, public communication or any other right that corresponds to the owner of the affected right. The user agrees to use the contents and/or elements accessed through the Website for their own use and needs, and not to execute in any case a commercial exploitation, direct or indirect of the same.
9. Provision of services
9.1 Orders placed on this website will not constitute a binding or mandatory contract. Causes such as stock breakages, product recalls by the manufacturer or others prevent it.
9.2 Tomas Colomer, S.L. reserves the discretionary right to refuse orders, especially in relation to credit value or unpaid invoices.
9.3 The information registered by Tomas Colomer, S.L. constitutes an absolute order proof and of the entire transaction. The information registered by the payment system constitutes absolute proof of financial transactions.
10. Withdrawal and services suspension
Tomas Colomer, S.L. may withdraw or suspend, at any time and without prior notice, the provision of products or services to those users who fail to comply with the provisions of these conditions of use.
11. Duration and termination
The provision of products and services and information included in the Website have, in principle, an indefinite duration. Tomas Colomer, S.L. may terminate or suspend the provision of the service and/or any other element of the Website at any time. When reasonably possible, users will be notified in advance of the various products provision termination or suspension and services.
12. Applicable legislation
All questions that arise between Tomas Colomer, S.L. and the user regarding the interpretation, compliance and validity of the General Conditions they will be governed by their own clauses and, in what is not foreseen in them, in accordance with Spanish legislation, submitting expressly the parties to the jurisdiction of the Courts and Tribunals of the Barcelona city.