GENERAL TERMS AND CONDITIONS OF USE.
These Terms and Conditions of Use are signed by GIMÉNEZ LECUONA S.L.P. (B-67035212) with address at Paseo de la Castellana 121 esc. Izda. 9C Madrid and by the user, the latter being understood as any natural person or representative of a legal entity who freely and voluntarily accesses, consults, uses or requests information on the services of GIMÉNEZ LECUONA, through the means established on the WEBSITE.
For any question you may contact GIMENEZ LECUONA by telephone (+34 919 991 990) and by email: info@gimenezlecuona.com.
USER REGISTRATION – BANKING OR FINANCIAL INFORMATION
The WEBSITE does not require specific registration for its use; however, there are means for you to provide personal contact details for our advisors to communicate with you in order to provide specific information about the terms and conditions of our services. The treatment of personal data sent through the electronic means enabled by GIMÉNEZ LECUONA will be specifically regulated by our Privacy Policy for Clients and Prospects.
USE OF THE WEBSITE
The information published on the WEBSITE shall be free of charge.
The information contained in the WEBSITE is for information purposes only and does not provide any kind of recommendation, and therefore what is published here should not be considered as legal, financial or investment advice. GIMÉNEZ LECUONA assumes no responsibility for the information contained in this site meeting the user’s expectations, nor shall it be liable for the truthfulness, accuracy or completeness of the information that is not of its own creation and of which another source is indicated.
The user expressly accepts that the use of the WEBSITE shall be made under his sole and exclusive responsibility.
When browsing and using the WEBSITE, the user undertakes not to carry out any conduct that could damage the image, interests or rights of GIMÉNEZ LECUONA or third parties, or actions that could damage or render the WEBSITE unusable, or that could in any other way prevent the normal operation of the WEBSITE. Specifically, the user undertakes to:
– To make diligent, correct and lawful use of the WEBSITE, respecting current legislation and, in particular, that relating to intellectual and industrial property.
– Periodically review these Terms and Conditions of Use, checking for any changes that GIMÉNEZ LECUONA may have implemented.
– To review any consented communications that GIMÉNEZ LECUONA may send with information on these Terms and Conditions of Use.
– Not to use the WEBSITE for commercial purposes; for example, by collecting information or content to provide other services that may compete with GIMÉNEZ LECUONA.
– Not to modify or attempt to modify the WEBSITE, or carry out actions aimed at copying or simulating its appearance or functions.
– Not to carry out actions that involve the introduction of computer viruses, worms, Trojans or any other type of malicious code aimed at interrupting, destroying or limiting the operation of the WEBSITE.
– Not to use reverse engineering techniques and / or decrypt, decompile or use any other system designed to know the source code of the Website or any element protected by intellectual property regulations.
– GIMÉNEZ LECUONA may update, modify or delete the content of this WEBSITE or limit and/or prevent access to the same at any time and without prior notice, mainly when, in its opinion, there are technical difficulties beyond the control of GIMÉNEZ LECUONA that diminish or annul the security levels adopted for the proper functioning of said WEBSITE or for the protection of the user’s personal data.
YOUR PERSONAL SITUATION
The Client expressly accepts, without exception, that access to and use of this website, its services and the contents of said services is at the Client’s sole and exclusive responsibility.
Pre-contractual information
Before contracting, the Entity makes available to the Client in a clear, understandable and adapted to the circumstances relevant, truthful and sufficient information on the essential characteristics of the contract, in particular on its legal and economic conditions, and of the services object of the same.
For such purposes, the information obligations on the services established in the applicable regulations shall be relevant and, in addition:
– The Entity responsible for the contractual offer is GIMÉNEZ LECUONA SLP.
– All information regarding the price of the services, including taxes and without additional costs, is detailed in each of the contractual offers.
– Delivery date, execution of the contract and duration: Those established by the contractual offer.
– The right of withdrawal that may correspond to the Customer, can be exercised within the legally established time limits for this purpose, i.e. 14 calendar days, expressing their will unequivocally to the Establishment providing the service. Withdrawals of offers will only be accepted in their entirety within the aforementioned period. No penalty shall be imposed on the Customer for exercising or waiving the right of withdrawal.
– This pre-contractual information is provided to the Customer free of charge.
Written confirmation of the information
The Entity makes available to the Client the General Conditions governing the contract, so that they can be stored and reproduced by the Client.
All this information constitutes the so-called “General Conditions of the Contract” which are accepted before the purchase of the service.
In the contracts concluded by means of automatic devices there is consent from the moment the acceptance is manifested.
The Entity undertakes to confirm receipt of the acceptance to the Client by one of the following means:
Sending an acknowledgement of receipt by e-mail and other equivalent means of electronic communication, to the address that the Client, acceptor, has indicated, immediately and in any case always within a maximum period of 24 hours following receipt of the acceptance.
Confirmation, by a means equivalent to that used in the contracting procedure, of the acceptance received as soon as the acceptor has completed the said procedure, provided that the confirmation can be filed by the addressee.
Acceptance and its confirmation shall be deemed to have been received when the parties to whom they are addressed can take note of it.
In the event that the receipt of the acceptance is confirmed by acknowledgement of receipt, it shall be presumed that the addressee may have such proof as soon as it has been stored on the server where his e-mail account is registered, or on the device used for the receipt of communications.
Registration of the form:
For the purpose of processing the purchase request interested, the customer will access the website www.giménezlecuona.com, having to register previously by filling out the form and being necessary to proceed to the acceptance of the privacy policy, as well as the acceptance of the general conditions of contracting.
The client must fill in the form with the holder’s data, guaranteeing the truthfulness and accuracy of the data provided and obliging him/her to immediately inform GIMÉNEZ LECUONA of any alteration that these may undergo during the term of the contract.
PRICE AND PAYMENT
At present, all contracts are carried out by telematic means.
TAXES: The applicable prices are those indicated in the order form sent to the client, including the corresponding taxes.
Methods of payment: The payment will be made at the end of the purchase process and will be an indispensable condition for the formalization of the same. Under no circumstances may payment be made at a later date.
Card payments: In the contracting process the customer will have to enter his data at the time of purchase. All data provided for this purpose are encrypted to ensure maximum security.
You can pay the price of the products purchased by any of the following means:
– Debit or credit cards issued by European financial institutions of the following classes:
o Visa
o Visa Electron
o MasterCard
o Other cards according to availability.
In any case, the choice of payment method is made during the purchase process on the corresponding screen. The customer must notify GIMÉNEZ LECUONA of any undue or fraudulent charge on the card used for purchases, by email, as soon as possible so that GIMÉNEZ LECUONA can take the appropriate steps. Suppliers or issuers of means of payment may adopt anti-fraud measures that involve the rejection of certain types of transactions. GIMÉNEZ LECUONA is not responsible for the application of this type of security policy.
The payment of your order takes place in real time through the Virtual POS once it has been verified that the data provided are correct. GIMÉNEZ LECUONA guarantees that it will treat the data corresponding to the means of payment used with total security and confidentiality. In order to detect and avoid fraudulent transactions and unnecessary damage and inconvenience to our customers, GIMÉNEZ LECUONA has adopted fraud prevention measures and controls. These controls consist of analyzing the characteristics of purchases and comparing them with previous fraudulent transactions. Occasionally, in order to ensure that this is not a fraudulent transaction, GIMÉNEZ LECUONA may require you to complete certain information or provide other complementary data. Refusal to provide this information will prevent GIMÉNEZ LECUONA from carrying out the necessary checks on the authenticity of the request. In these cases, GIMÉNEZ LECUONA will have the right to cancel and annul the request due to possible fraud. Despite our attempts to improve our fraud detection systems, we cannot fully guarantee that a transaction that is not fraudulent will not be classified as fraudulent. In the event that you are affected and a transaction is incorrectly denied, please let us know through the means of contact provided in these Terms and Conditions so that we can fulfill your order as soon as possible.
Please also note that the suppliers or issuers of the means of payment used may have adopted other anti-fraud measures that are not controlled by GIMÉNEZ LECUONA and that may lead to the rejection of certain types of transactions. GIMÉNEZ LECUONA does not control and is not responsible for any damages that may be caused by the application of the policies approved by the various suppliers or issuers of payment methods. The use of a means of payment owned by a third party is prohibited except with the express authorization of said third party, and it is the responsibility of said third party to prove said authorization and to assume all damages that may be caused to GIMÉNEZ LECUONA.
CONTENT OF THE WEBSITE
The intellectual, moral and patrimonial property rights in their entirety, of the entire content of the Website, including but not limited to: graphic design, user interface, source codes, texts, graphics, photographs, works expressed by a procedure analogous to photography, videos, sound material, etc., are the property of GIMÉNEZ LECUONA and are protected by the national and international legislation in force. For this reason, the partial or total reproduction of any content of this WEBSITE is prohibited, as well as any distortion, modification, alteration or attack that may harm the interests or reputation of GIMÉNEZ LECUONA.
GIMÉNEZ LECUONA is the only party entitled to exercise the rights of reproduction, distribution, communication, publication and transformation of any content published on the WEBSITE. Any User who decides to make a partial or total reproduction of the content displayed here must request express authorization from GIMÉNEZ LECUONA and give the corresponding credit to the latter as the author of the literary or audiovisual works, except when fragments of the content are used as quotations or for analysis, commentary or critical judgment.
All photographs of people published on the GIMÉNEZ LECUONA WEBSITE as part of advertising campaigns shall have the authorization of the person whose image appears in them, and GIMÉNEZ LECUONA therefore has the exclusive right to reproduce and distribute them and may not be altered under any circumstances.
The use of the WEBSITE by any user does not imply the transfer of any rights over the intellectual and/or industrial property of the present and future content. Any transfer of rights made by GIMÉNEZ LECUONA on this WEBSITE must be recorded in writing at all times. Likewise, all trademarks and trade names published on the WEBSITE are the property of GIMÉNEZ LECUONA or any of its parent companies or subsidiaries.
GIMÉNEZ LECUONA, as owner or licensee of the trademarks and trade names contained on the WEBSITE, is the only party with the exclusive right to use them in the course of trade and their use by third parties without the express consent of the owner is prohibited.
Without prejudice to the corresponding actions, GIMÉNEZ LECUONA may demand the cessation of any unlawful activity that infringes its intellectual and industrial property rights and demand compensation for material and moral damages caused.
Although GIMÉNEZ LECUONA tries to ensure that this Web Site is normally available twenty-four (24) hours a day, GIMÉNEZ LECUONA shall not be liable if this Web Site is unavailable at any time or for any period of time.
Access to this Web Site may be suspended temporarily and without notice.
ESTABLISHMENT OF LINKS TO THE WEBSITE
The establishment of links to this Website is prohibited without the prior authorization of GIMÉNEZ LECUONA. In the event of detecting a breach of this term, the appropriate legal measures may be taken to that effect.
THIRD PARTY LINKS
The existence of links within the WEBSITE to pages or other websites belonging to third parties does not imply GIMÉNEZ LECUONA’s responsibility for the content, operation or veracity of the information published therein. The user acknowledges and accepts that GIMÉNEZ LECUONA has no control over the content published on third party websites, even if they are linked from the WEBSITE.
CONTENTS AND USER CONDUCT
General
With the exception of information relating to your personal data (including credit card information), which is subject to GIMÉNEZ LECUONA’s Privacy Policy, all content that you enter or post on this Web Site will be considered non-confidential and non-private (“User Content”). By including such content, you acknowledge and warrant that you own or have all rights to such content. You acknowledge that GIMÉNEZ LECUONA shall have no liability with respect to such content and that you may copy, disclose, distribute, incorporate and otherwise use such content, including the data, images, sounds, text and all other elements contained therein, for any commercial or non-commercial purposes.
User Content Policies: It is strictly prohibited to post, upload or download on or from the Site, any User Content (including Opinions) that:
Violates any applicable local, national or international law;
– Is illegal or fraudulent;
– Involves unauthorized advertising; or
– Contains viruses or any other harmful programs.
User Feedback Policies: In particular (but without limitation), comments and opinions you post through the Website must not:
– Contain any defamatory, obscene or offensive content;
– Promote violence or discrimination;
– Infringe the intellectual or industrial property rights of any other person;
– Infringe any legal obligation to any third party (such as, for example, an obligation of confidentiality);
– Promote illegal activities or invade the privacy of others;
– Give the impression that it was created by us; or
– Be used by impersonating another person or misrepresenting your affiliation with any other person.
Removal of Opinions: GIMÉNEZ LECUONA reserves the right (but is not obliged, unless required to do so by law) to remove or modify at any time the opinions and other content published and posted by users on the Website.
RIGHT OF WITHDRAWAL.
– Conditions: The customer has the right to withdraw from the contract without justification, within 14 calendar days from receipt of the formalization of the contract.
– Cost: The customer will not bear any costs for the exercise of the right of withdrawal.
– Procedure: Contact your personal manager to exercise your right of withdrawal. You will be able to include, complete, the withdrawal document that you will be able to access through our website.
RESPONSIBILITIES
The WEBSITE operates through an open network that is naturally exposed to various threats that make the Site is not always safe, for this reason, the user is responsible for taking appropriate technical measures to reasonably control these threats, as well as having updated systems to detect malicious software.
GIMÉNEZ LECUONA shall not be liable for damages of any kind caused to the user’s computer equipment by malicious software such as viruses, Trojans or worms or any other type of malware.
GIMÉNEZ LECUONA shall not be liable for any damages that the user may suffer due to improper use of the WEBSITE or its content.
We shall not be liable for any failure to perform or delay in the performance of any of our obligations that is due to events beyond our control (“Force Majeure”).
Force Majeure shall mean any act, event, omission or accident beyond our control and includes, without limitation and without limitation, the following:
– strikes, work stoppages or any other industrial action;
– civil commotion, riot, invasion, terrorist attack, war (declared or undeclared), threat or preparation for war;
– fire, explosion, storm, flood, earthquake, sinking, epidemics and any other natural disaster;
– impossibility to use railroads, ships, airplanes, motor transport or any other type of public or private transport;
– impossibility to use public or private telecommunication networks; and
– acts, decrees, legislation, regulations or restrictions of any government.
Our obligations will be suspended for the duration of the event of Force Majeure and we will have an extension of time for the performance of our obligations for the duration of such period. We will use our best efforts to end the Force Majeure Event or to find a solution whereby we can perform our obligations under these Website Terms notwithstanding the Force Majeure Event.
LAW AND JURISDICTION
In accordance with article 3 of the LSSI, the laws applicable to the information society services that GIMÉNEZ LECUONA provides through the Website shall be those of Spain. Therefore, in all litigious matters concerning this Website or any disputes relating to the same between the Registered User and GIMÉNEZ LECUONA, Spanish law shall be applicable. For any divergence that may exist in the interpretation, application or execution of this contract, the PARTIES shall submit to the Courts and Tribunals of the user’s domicile, expressly waiving their own jurisdiction if different.