General Conditions of Use
GENERAL CONDITIONS OF USE
Legal Notice
In compliance with the identification requirement in section 10 of Spain’s Information Society and Ecommerce Services Act 34/2002, of 11 July, the following identifying data are shown below: Pikostore S.L.U. (hereinafter, Pikolinos), Tax ID (NIF) B53906590 and registered address calle Galileo Galilei nº2, Elche (Alicante), is assignee of the domain name of the website www.martinelli.es (hereinafter, the website, site or www.martinelli.es) and other websites with the same address but with generic top-level domains gTLDs and domain names corresponding to country codes or ccTLD (hereinafter, the website, site or www.martinelli.es) under contract of assignment of the existing website with the assignees Pikolinos Intercontinental S.A., Tax ID (NIF)A53238713 and registered address Galileo Galilei nº2, Elche (Alicante), registered in the Alicante Company Register in volume 2067, section 8, folio 16, sheet no. 45341. Any notifications should be emailed to info@martinelli.es
General Conditions of Use
These general conditions regulate the use of the Martinelli Website, to which access is via the main address www.martinelli.es, as well as through all the usual addresses that allow direct access to some of the sections or web pages belonging to the Website.
Purpose of the Website
The purpose of this Website is to provide commercial information services on the products and services of the company Martinelli. Access to and navigation on the Website are free, although the purchase of products involves payment of a price, as well as acceptance of specific conditions.
Users
Any natural person of legal age or legal entity under Spanish law accessing and/or using the Martinelli website is considered a user. Use of or access to this site implies knowledge and full acceptance of these General Conditions and any other conditions that may be established by Martinelli in the future. Each visitor or user is therefore required to read the current General Conditions of Use on each access to this Website. If you do not agree with one or all of the following terms you should not access the Website and/or use the contents and/or services available. In any event, by accessing the site you accept the general conditions of the contract.
Use of the Website
This Website provides access to information, services, programs and data, hereinafter the “Internet content”.
This website provides users with access to and use of various services and content made available for them by Martinelli or third parties.
As a user you access the Website at your own risk and assume responsibility for it.
You undertake to use the website and the contents and/or services incorporated into it diligently and correctly, for strictly personal, private and non-commercial purposes.
In addition, by the simple fact of accessing the Website, you agree to the following:
a) Not to use the Website to engage in activities contrary to the law, fundamental rights, morals, proper accepted customs or established public order, or for purposes or results that are illegal, prohibited or contrary to the rights and interests of third parties, including the dissemination of or association with websites whose content is obscene, xenophobic, racist, pornographic, supports terrorism or is contrary to human rights; Martinelli not accepting any liability that may result from the above.
b) It is expressly prohibited for users to authorise to third parties the total or partial use of the Website, or to introduce and/or incorporate the contents and/or services included in it as or into their own business activity.
c) It is expressly prohibited to use or apply any technical, logical or technological resources by which users may benefit, directly or indirectly, whether for profit or not, from the unauthorised use of the contents and/or services of the Website as such.
d) You undertake not to use the contents and services in any way that may harm, render useless, overload or deteriorate the Website, or prevent its normal use or enjoyment by other users.
e) Not to cause damage to the website or the IT systems of its suppliers or third parties.
f) Not to collect data or content for advertising purposes.
g) Periodically to review the General Conditions of Use or any other applicable conditions, checking for changes that may have been made to any of them.
h) To check any notifications that may be sent by Martinelli, given that they may include important information.
i) Not to use the Website for commercial purposes; for example, by collecting information or content in order to provide other services that may represent obvious competition for Martinelli.
j) Not to modify or try to modify the Website in any way, or to carry out actions or use means designed to simulate its appearance or functions.
k) Not to carry out any action that involves the introduction of computer viruses, worms, Trojans or any other kind of malicious code designed to interrupt, destroy or limit the Website functionalities.
l) Not to use inverse engineering techniques and/or decipher, decompile or use any other system designed to discover the source code of the Website or of any other element subject to copyright or underlying intellectual property rights.
m) Not to damage, disable, overload or impede the service (or network or networks connected to the service), or interfere with the use and enjoyment of the Website.
n) In any case, not to carry out any actions that may infringe the rights or interests of Martinelli or third parties, such as, for example, intellectual property or industrial rights (patents, brand names, copyright, commercial secrets, etc.).
Special Registration Conditions
The Special Registration Conditions included here are entered into by Martinelli, as owner responsible for the Website, and the user (hereinafter the registered user) that accesses the Website and completes all the steps required there for registration, among them the acceptance of these Special Registration Conditions.
These Special Registration Conditions shall be understood as accepted by the registered user on clicking the corresponding verification box during the registration process on the Website.
To complete registration, you will have to provide information on yourself, together with a password, which must be duly stored by you as registered user on a form you must fill in and send, following acceptance of these Special Registration Conditions and the Privacy Policy.
On completing the registration form and becoming a registered user, you must agree to comply with the following:
a) Not to register using deliberately false or inaccurate data or by stealing the identity of a third party.
b) Only to use the account registered in your name, and not to use the accounts of third parties without their prior and express agreement.
c) Not to sell, make commercial use of or transfer the account to third parties.
d) To be the sole party responsible for any of the activities carried out from the account, which must be kept duly updated at all times.
e) To ensure the strict confidentiality of data and access codes, given that you assume liability for any damage that may result from the breach of such confidentiality.
f) To be liable for any damage you suffer or that may be suffered by third parties as a result of a breach of these Special Registration Conditions, or any other conditions applicable, such as the General Conditions of Use or the General Conditions of Purchase.
Martinelli is not liable for any unauthorised access to the contents if a Registered User has registered using deliberately false or inaccurate data on age.
Martinelli reserves the right to block or delete your account if a breach of the conditions set out here, or of any other general conditions that may be applicable, is particularly serious or repeated.
You may modify your account data or cancel the account at any time through the account configuration options on the Website.
Product
This website only shows designs representing Martinelli collections. Not all the designs are reflected on the website. Not all the products shown on this website are or shall be available in all the establishments of its clients or distributors. The availability of designs on the www.martinelli.es website is subject to availability at each retailer, distributor or specific point of sale. The style, design and colours of the products shown on this site may be modified without prior warning. The designs may also be cancelled or removed from the catalogue without prior warning.
Modifications
Martinelli reserves the right to make any modifications it may consider appropriate on its Website without prior warning, and may change, remove or add contents or services provided through the Website, as well as the form in which they are presented or located on their sites. In any event, these General Conditions of Use shall be valid until publication of any new ones.
Denial of access
In any event, Martinelli reserves the right to refuse or withdraw access to its websites and/or services offered to users that breach conditions of use, without the need for prior warning, either by its own decision or at the request of a third party.
Privacy and Cookie Policy
The collection of personal data through the Website and its treatment by Martinelli is regulated by a specific Privacy Policy to which the users may have access by clicking on [here http://www.martinelli.es/uk-en/policy
Cookies allow customisation and help users navigate the website Cookies are only linked to users and their computers anonymously. They do not provide references that allow a user’s personal data to be obtained. Martinelli may use cookies on its website, allowing you to configure your navigator to warn you when cookies are established, and you may refuse their installation if you are not interested.
Policy on links
Any persons who wish to establish a link between their web page and the Martinelli website must comply with the following conditions: Users may not reproduce or imitate the content of this website either fully or in part. The use of frames or inline links to Martinelli website is not permitted. If a link is created it must be to the home page. Deep links are not permitted. The website on which the link is established may not contain illegal information or content contrary to morals, fundamental rights, proper customs or public order. The provisions of the section on Prohibited User of the Portal are applicable. Links to pages that host contents or provide services that are contrary to the rights of third parties are also not permitted. No false, inaccurate or demeaning statements or suggestions may be made on the Website. It may not be stated or given to understand that Martinelli or any of the companies in the Martinelli group collaborates with, is a partner, or has supervised or accepts in any way the contents or services offered or made available on the website from which the link is established.
If links or hyperlinks are established on the Website to other Internet sites, Martinelli will not exercise any type of control over these sites and contents, nor approve or review its functions, advertising or in general the information included in such pages. For this reason, Martinelli may in no case assume any liability for any of the contents or correct operation of any link belonging to the Website, other than the consequences or damage that may result from access to them, and does not therefore guarantee the quality, accessibility, reliability, accuracy, truthfulness or legality of any type of material or information contained in these websites.
Users who access the links do so at their own risk, accepting the external nature of these contents and the inability of Martinelli to guarantee that there are no threats, malware or viruses, illegal content or other links that in turn lead to sites with one or more of the said characteristics. In no case is there any association between the Martinelli website and the external linked pages.
Exclusion of Liability
Martinelli is in no case liable damage of any kind that may be caused by the following, but not limited to them: errors or omissions in the contents; lack of availability of the portal; or the transmission of viruses or malicious or damaging programs in the contents, despite having adopted the normal Internet security measures and standards for preventing them. This website will be shown “as-is”, according to the availability and limitations in place at any time.
Forums and discussions: Martinelli shall not be labile for any statements or opinions that may be expressed in the different permanent forums, newsletters or occasional chats that may be held within this Website. However, it will at all times aim to use of these mechanisms or services correctly, and to ensure maximum respect for the dignity of persons and freedom of expression, as supported by the Spanish Constitution. It shall always reserve the right to refuse or delete the any entries that include contents that are illegal or that it considers unsuitable, without the need for justification or explanation, as soon as it has effective knowledge of them, although it does not check them or analyse them in advance. Users of these services must avoid any type of false, abusive, obscene or threatening statements, or statements that infringe current law in any way. They must show respect to third parties, whether or not they are participants or not in forums or discussion groups.
Information: Information, whether own or third party, that appears on this Website is provided “as is”, with no guarantees of any kind in terms of being accurate or up to date. Martinelli is therefore liable for any damage that may be caused by its use. Martinelli undertakes to do everything possible to prevent illegal content from being on the Website, and if it has any actual knowledge of such content, to delete it or prevent access to it. However, it does not guarantee the legality of content supplied on the basis of information supplied by thirdparty providers, collaborators or users.
Errors: in relation to what has been mentioned in the above paragraph, the documents published may contain technical inconsistencies or involuntary typographical errors, which Martinelli will correct as quickly as possible. Martinelli is grateful for any comments, corrections or suggestions in this respect, which users may submit to info@martinelli.es.
Minors: Martinelli does not accept responsibility for any possible damage that use of the services by minors may cause. Parents and legal representatives must be considered responsible for all the actions carried out by minors in their charge.
Privacy: Martinelli does not guarantee absolute privacy in the use of this Site, as the possibility that unauthorised third parties may know about such use and the circumstances in which it is carried out may not be ruled out.
Technical failures: Martinelli shall not be liable for any improper operation of the Site or any of its services that originate with an accidental circumstance, such as the unavailability of the portal, force majeure, necessary maintenance work or any other cause that is not imputable to it.
Martinelli does not accept any liability that may derive from the misuse of the Website, or for the breach of obligations or commitments assumed under these General Conditions of Use, or any other conditions that may be applicable.
In general, neither Martinelli nor its collaborators may be held liable in case of loss of earnings or consequential damage for any reason.
Indemnity
If Martinelli suffers any type of damage, losses or costs (including lawyers’ and court agent fees) as a result of a breach by the user of these General Conditions of Use, or any other conditions applicable, the user shall be obliged to compensate Martinelli.
This will also be the case if as a result of a breach by the user claims are made by third parties against Martinelli, in which case the third party shall hold Martinelli harmless, and Martinelli may claim against the user any expenses, costs or damages derived from its actions.
Industrial and Intellectual Property
This website and its contents, designs, trademarks and services are owned or controlled by Martinelli and are protected without limitation by Spanish industrial and intellectual property laws and by applicable international treaties. Pikostore S.L.U. is assignee of the domain name of the website www.martinelli.es and assignee of any and all analogous intellectual and industrial property rights to the website.
If you detect any infringement of the intellectual property and/or industrial property rights on the Website, please send us an e-mail to info@martinelli.es as soon as possible.
Through the Website Martinelli also allows photographs to be shared in the “Media” section with the aim of showing where its followers are. If you do so, as well as accepting the Privacy Policy, you will be granting Martinelli a non-exclusive concession for the reproduction, public communication (provision) and transformation of the photograph for the purpose of publishing it on the Website and the Internet in general, and authorise us to use your image. You may not include third parties in the images without their prior consent, as we will apply the same conditions. You must therefore guarantee that you have the necessary rights and authorisation of third parties. If you do not, we will not be liable for any resulting claims.
Termination and Modification of the Site
Although in principle the duration of this Site is indefinite, Martinelli reserves the right to modify, suspend or consider the provision of its services or contents terminated in whole or in part, at any time and without the need for any notice to the users. At the same time, the information, presentation and services offered on this Website may be subject by Martinelli to periodic or one-off changes. Such changes may be freely made by Martinelli without the need to notify the users.
Saving clause and interpretation
These General Conditions of Use constitute an agreement between the user and Martinelli.
If the competent authority declares a provision is illegal, invalid or not executable, this provision must be interpreted in the way that is closest to the original intent of the provision. However, this declaration with respect to one or more of the clauses shall not affect the validity of the remaining ones.
If Martinelli does not comply strictly with one of the terms of these General Conditions of Use, it does not constitute, nor in any case may it be interpreted to be, a waiver of possible demand for compliance in the future.
Language
The language applicable to these General Conditions of Use is Spanish. The English version offered is for convenience only, as assistance to the user. The user therefore expressly accepts that these conditions are governed by their Spanish version.
If there is any conflict between the Spanish version of these General Conditions of Use and their translation, the Spanish version shall in all cases prevail.
Applicable Law and Jurisdiction
The relationship between Martinelli and the user shall be governed by Spanish regulations and any disputes shall be submitted to:
a) The courts of the city of Elche; or if there are no commercial courts in the city of Elche, the courts of Alicante shall have jurisdiction if the user is a business.
b) The courts of the city of residence of the user, if the user is an individual consumer, in accordance with current law.
