FIRST: GENERAL TERMS OF USE AND ACCEPTANCE
The use of this website (the "Website") of Cartuchos GB, S.A. GB ("GB") is governed by these general terms of use (the "Terms of use") and, therefore any person accessing and/ or using the Website (the "User") must comply with them. The access and/or use of this Website requires the prior reading and the full and unreserved acceptance of these Terms of Use by the User. The reading and acceptance shall be presumed as made by the fact of the User using the Website. IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, HE MUST REFRAIN FROM USING THIS WEBSITE AND LEAVE IT IMMEDIATELY. The Terms of Use only authorize the User to use this Website, without conferring any other right, license, permission or authorization in relation to the Website and/or goods or services manufactured, marketed or offered by GB.
GB reserves the right to modify unilaterally, whenever it considers appropriate and without prior notice the Terms of Use, being obliged to comply with the conditions in force when accessing and/ or using the Website. The acceptance of such modifications shall be presumed by continued use of this Website by the User.
SECOND: PURPOSE
The purpose of this Website is to allow the User access to certain information and contents (written and graphic documentation, files, photographs, pictures, recordings, software, drawings, designs, graphics, audio files, files, image, videos, messages, materials, etc.) related to GB and the goods or services manufactured, sold, or provided by the same (the "Contents").
The Contents are provided solely for information purposes; they do not constitute, nor should be considered as an offer or contractual commitment in connection with the sale, marketing and/or provision of goods and/or services by GB (hereinafter jointly referred to as the "Products"). Accordingly, the User should not interpret the Contents and/or access to the Website as an invitation to enter into a contract or electronic purchase of Products, or should consider the Contents as a truthful, accurate and complete description of the Products, and shall contact GB or supplier of GB directly for the purchase or acquisition of any Product. GB does not assume any liability, responsibility or warranty with respect to the Products, based on the Contents and/or this Website.
E-commerce activities are not permitted or realized through this Website.
THIRD: USE OF THE WEBSITE
Recognizing the global nature of the Internet, the User is forced to comply with the acceptable site policy of the network and standards on permissible Internet content that may apply in accordance with local laws in every moment. The User shall access and use the Website in good faith, according to general customs and public order, as well as in a diligent, lawful and prudent manner, so that it will not produce any type of damage or harm to the functioning of this Website, to the Contents and/or third parties. The User undertakes to comply with the applicable legislation in the field of transmission of technical data from the country of origin of the User.
GB may deny access to this Website or any Contents, whenever it considers appropriate and without prior notice, if the User breaches these Terms of Use or does not provide the requested data in the corresponding subscription form to gain access to certain Contents.
GB urges parents and people with children in charge to teach them to use the Internet safely and responsibly. Children or minors must not access this Website or any other webpage of GB without the consent of their parents or their legal representatives. GB web pages are not directed at persons less than 18 years nor collect information from children or minors deliberately.
GB reserves the right to suspend, discontinue, modify, suspend or finish, temporarily or permanently, whenever it considers appropriate and without prior notice, the service of this Website.
In relation to the Products, GB hereby informs the User, and the User acknowledges and expresses, that: (1) product information included in the Contents is not exhaustive, is subject to periodic reviews, and may vary depending on the specific conditions of use or maintenance of the Products (including external factors such as humidity, temperature and pressure, among others); (2) the manufacture, import, export, storage, distribution, commercialization, marketing, use and/or consumption of Products may be subject to restrictions and local regulations and/or prior obtaining of authorizations, permits, or licenses that are required in the corresponding jurisdiction; (3) the use or handling of Products is an activity of inherently dangerous nature and, consequently, it must be done by Users with the level of care, experience and appropriate skills, who are in possession of the permits, authorizations and licenses required for this, and complying with appropriate safety and security measures and the applicable regulations at all times.
The sending of an email to this Website or the response to it does not lead for itself to the creation of some kind of legal relationship. The provider of an e-mail to this Website should not entertain any expectation of confidentiality (except for point four of this Terms of Use below) in relation to the Content of his email. The User does not send information to this Website that he wants to keep confidential.
The connection of a web page to the Website and the Content through a link or hyperlink entered by the User is allowed, provided that such link or hyperlink connects with the main page of the Website, which does not reproduce this page in any way, nor total or in part, or create images of display or similar environments. The information contained on the Website and the Contents by this link or hyperlink, must be truthful, accurate and complete, and shall not include any demonstrations in the sense that GB authorised, supervised, assumed, accepted and approved the link or hyperlink, or the information and/or services which may be accessed at the web page or portal from which they perform such link or hyperlink or reference as the existence of a link or hyperlink does not imply the existence of relationship of any kind between GB and the owner of the aforementioned website or portal, or knowledge or acceptance per GB of contents and/or services offered on the website or portal.
The Website offers the User links or hyperlinks to other web sites managed and controlled by third parties, having such links to the exclusive function of facilitating the search for information, contents and services on the Internet for the User, without that it constitutes nor should be considered as a suggestion, recommendation or invitation to visit those web sites. GB does not sell, direct, control or own the content, services, information and demonstrations available on such websites. When the User uses a link or hyperlink he will do this under his responsibility, without the existence of such link or hyperlink on the website carries or imply warranties, obligations or liability in connection with such link or hyperlink for GB.
FOURTH: PERSONAL DATA PROTECTION
GB may request and the User may provide (through the introduction of data in the subscription or registration form, the exchange of emails, through service providers of the Internet of the User when he visits the Website (such as IP addresses), or in any other usual form on a web page with these characteristics) personal data of the User ("Personal Data") not requesting any data that reveal the ideology, trade union membership, religion, beliefs, racial or ethnic background, health or sex life of the user. The Personal Data will be incorporated into databases owned under GB’s responsibility, the purpose of such database is to manage and administer the Personal Data, and to provide, improve, extend, and adapt the content offered through the website. Any request concerning the exercise of rights of access, rectification, cancellation or opposition in relation to the Personal Data should go to Cartuchos GB, S.A. and shall be sent by e-mail to info@cartuchosgb.com, and by post to the following address: Avenue of the Parthenon nº 16, floor 5th, 28042 Madrid.
By providing the Personal Data, the User declares that he has read this clause and gives its express and unequivocal consent to his Personal Data to be included in the corresponding databases and to be treated by GB with the purpose to determine problems with the server, for their own internal purposes (such as the monitoring of the use of the Website) to try to solve problems of a technical nature which the User may suffer, to provide direct marketing services or other information that GB could consider to be of interest for the User, to review and respond to emails from the User, to improve and adapt the Content provided in or through this Website , or to ensure compliance with these Terms of Use.
GB does not assign or communicate Personal Data to third parties unless required for the enforcement or application of these Terms of Use or the provision of a service to GB, when that service is regulated in an agreement signed by GB and the company providing the service, and provided that the contract meets the mandatory requirements according to the legislation applicable in the field of personal data protection. However, when third parties could have access to GB’s databases, including Personal Data, GB, realizes necessary dissociation procedures prior to the access by third parties, so that Personal Data cannot be associated with the User. The foregoing does not prevent disclosure per GB of Personal Data required by imperative legal and/or when acting in good faith, consider that such action is necessary to: (i) to comply with applicable law or a judicial or administrative order relapse in a judicial or administrative process against GB and/or this Website; (ii) protect and defend GB’s, its customers or others rights, property, or safety; or (iii) protect the personal safety of employees, partners or agents of GB, users of Products or the public in general in emergency situations.
GB applies trade procedures and reasonable technical and organizational security measures consistent with industry practice, to avoid the alteration, loss, treatment or unauthorized access to Personal Data. However the above, the user should be aware that GB cannot guarantee that such security measures are unbreakable, especially taking into account the continuous technological advances of the Internet. Although GB will do its utmost to protect the Personal Data, GB cannot guarantee total safety, so providing Personal Data to this Website must be carried out under the sole responsibility of the User.
FIFTH: WARRANTIES AND LIABILITY
The User recognizes and accepts that all the Contents, including information about Products, available through this Website are provided "As they are" and "As available" for your access and/or use by the User, without that GB makes any representations nor assumes liability, warranty or obligation of any kind that may arise as a result or in connection with the access or use of the Website by the User.
BY VIRTUE OF THE PRESENT DOCUMENT, GB ASSUMES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO THE CONTENTS AND/OR PRODUCTS, INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MARKETING, COMPLIANCE, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NOR WARRANTS THAT THE CONTENTS AND/OR THE PRODUCTS ARE ACCURATE, COMPREHENSIVE, AND COMPLETE; NOR THAT THE SERVICE OF THIS WEBSITE IS AVAILABLE IN EVERY PLACE AND TIME, NOR IS OBLIGED TO UPDATE AND/OR RECTIFIY ERRORS OR DEFECTS ON THE WEBSITE AND/OR THE CONTENTS, NOR WARRANTS THAT THE WEBSITE, THE CONTENTS AND/OR THE PRODUCTS ARE FREE OF VIRUSES, HIDDEN DEFECTS OR OTHER DAMAGING OR HARMFUL ELEMENTS, OR THAT THE USER WILL GET THE RESULTS DESIRED BY THE SAME FOLLOWING ANY INDICATIONS AND/OR RECOMMENDATIONS CONTAINED ON THIS WEBSITE. THE LIMITATIONS CONTAINED IN THIS CLAUSE SHALL APPLY INSOFAR AS PERMITTED BY APPLICABLE LAW.
In any case, and under no a legal doctrine, justice or equity, GB will be responsible for losses, wrong use, injuries and damages, including but not limited to, special, consequential, collateral, consequential or punitive damages (including, among others, loss of use, loss of data, interruption or stoppage of activity and/or loss of profits), arising as a result or in relation to: (i) the use of the Contents of this Website by the User; (ii) interference by third parties in the proper functioning of the Website; (iii) the inappropriate or unlawful use of this Website by the User; (iv) the inadequacy of security measures to protect Personal Data against its alteration, loss, misuse and/or unauthorized access, and (v) the creation or use of hyperlinks or links from the Website or the same.
Access to this Website and the use of the Content will be the sole and exclusive responsibility of the User. This responsibility extends to the use that the User performs any password or key provided in order to facilitate the access to this Website and/or any of the Content. The User will respond against GB for all types of loss or damage that may result in or in connection with the breach of these Terms of Use and/or applicable law by the User.
SIXTH: EXPORT CONTROL
The Contents are governed by the laws and regulations applicable in the field of export and import. The deviation of the Contents is expressly forbidden in contravention of the applicable legislation. The Contents to which it was possible to have access to through this Website are not susceptible of acquisition, provision, transfer or re-export, directly or indirectly, countries banned or subject to embargo or its nationals, or use for activities or dangerous projects, unless it has been expressly authorised by the competent Government. The User must strictly observe all applicable legislation in respect of exports and will be responsible exclusively for the request and the mandatory licensing of export or re-export.
SEVENTH: INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
The User may not reproduce, store, send, change, alter and/or modify the Contents, without the prior written consent of GB. The User will not distribute the Contents to the general public, unless it has been expressly authorised by GB. Any person is hereby authorized to use, reproduce, or distribute full pages or documents intact, if they consist of more than one page, the contents of this Website, including related graphics, under the following conditions:
- It is forbidden to reproduce or distribute less than a full page or complete document (if it consists of more than one page);
- All copies must bear the mention of the rights of reproduction of GB or the respective owners;
- The use, reproduction, and distribution will be held only for informational use, non-commercial;
- Graphic elements of pages or documents on this Website cannot be used, reproduced or distributed without the text accompanying them.
It is forbidden to use or reproduction GB’s marks contained in this Website without the proper written authorization of GB as owner or holder of the brand in question.
If any third parties rights of intellectual or industrial property is violated by the content of the Website, the affected party shall contact Cartuchos GB, S.A., Avenida de Partenón 16, 5th, 28042 Madrid, Spain, by sending a notification (with the reference "website Cartuchos GB") by certified mail with receipt of delivery, setting out the violation in a clear, precise and detailed manner.
Such notification shall include details of the affected party (full name, address, e-mail and phone number), his/ her authentic signature or his/ her representative, proof of the violated right and express declaration whereby the affected party assumes the veracity of the information contained in the communication.
EIGHTH: WEBSITE UPDATE
GB reserves its right to modify, alter or update, at any time whenever it considers appropriate and without prior notice, the Contents, structure and/or design of the Website. The Contents of the date of publication do not necessarily reflect the current status and GB is not obligated to update it. The Contents may contain errors or inaccuracies.
NINETH: COOKIES
The platform does not generate cookies in the application. The expiration is placed automatically by the server. In any case the User data are not saved.
TENTH: APPLICABLE LAW AND JURISDICTION
Access to and use of this Website and/or the Contents is governed by this Terms of Use and by the Spanish law. When using the Website and Contents the User accepts and expressly agrees that such access and/or use is governed by Spanish law, waiving the application of the rules on conflict of laws in any jurisdiction.
For any dispute that may arise from access and / use of the Website and/or the Contents of the present Terms of Use, GB and the User, waive expressly any other jurisdiction that could correspond to them and submit themselves expressly to the jurisdiction and competence of the Courts and Tribunals of the city of Madrid (Spain). The previous submission is understood without prejudice to imperative jurisdiction.
ELEVENTH: LEGAL ADVICE
For any requirements laid down in the legislation in force, it is included the following general information from the owner of the Website:
Cartuchos GB, S.A.
(i) Registered office: Avenida de Partenón, 16, 5 °, 28042 Madrid, Spain.
(ii) email: info@cartuchosgb.com
(iii) Commercial Registry: Registro Mercantil de Madrid, Tomo 23.0426, Folio 61, section 8, page nº M-412507, registration 2
(iv) Tax ID number: A-01023878
