1) LEGAL NOTICE
2) SERVICES AND ACTIVITIES
GONDOLINE SPORT, through the website www.rikomfort.com, offers the contents, services, features and activities of a SHOE COMPANY. New services, activities or contents may be added to the website by GONDOLINE SPORT, always based on the development and evolution of the company and the industry, in order to improve the performance and the quality of the provided service. On the other hand, GONDOLINE SPORT also reserves the right to cancel, modify,substitute or restrict these contents, services, or activities, expressly and without prior notice to the users.
3) TERMS OF ACCESS AND USE OF THE WEBSITE. ACCEPTANCE AND LIABILITY OF THE USER
4) LIABILITY FOR THE FUNCTIONING AND CONTENT OF THE WEBSITE
1. Proper functioning and continuous availability: GONDOLINE SPORT is not liable for failures in the functioning of the website, as well as for the disruption, delays, slowness, loss or disconnections in communications and the transmission of messages. GONDOLINE SPORT does not guarantee the proper, continuous, constant and uninterrupted functioning of the website. 2. Liability for damages to the user: GONDOLINE SPORT is not liable for damages of any kind caused to the user as a result of the presence of viruses or other elements in the contents and services provided by third parties that may produce alterations in the computer of the user. GONDOLINE SPORT is not liable either for the damages caused to the user by failures or errors in the access, connections or transmissions, by unexpected interruptions of the service, by intrusions, computer viruses, mass-mailing of advertising or when the aforementioned causes are due to external situations, such as flaws or internal viruses on the computer of the user, deficiency or slowness of the Internet connection, problems in the communication with telephone operators, or when it is due to force majeure. 3. Liability for contents: GONDOLINE SPORT does not guarantee the quality, accuracy, or reliability of the data, programs, information or opinions running on the website, no matter their origin. The user assumes under his sole liability the consequences, damages or actions that may arise from the access to such contents. 4. Liability for third parties: As a result, GONDOLINE SPORT is not liable for any act performed by third parties unrelated to the system, which carry out acts against users by breaking the security measures, such as sending computer viruses, spam or trading post, interrupting the service and accessing to messages. GONDOLINE SPORT undertakes to adopt all the technical, organizational and legal measures for the security of the communications, both in terms of secure connections and protection of personal data. GONDOLINE SPORT cannot ensure or guarantee neither the invulnerability of its security system nor the inviolability of communications, and in this way it disclaims any liability. The exoneration of liability is to prevail if GONDOLINE SPORT proves that it did not know the existence of the viruses or the actions by third parties, or even knowing them, that it acted with the proper diligence to remove the data or the viruses in the computer files, prevent the access and report this situation to the competent authorities. GONDOLINE SPORT is not liable for any damage that may result from any case of force majeure, fortuitous or not attributable to the company; nor for the inappropriate functioning of the website for external reasons, as the malfunction of the operators of telephony, the misconfiguration of the computer of the user or the insufficient capacity of the computer system that cannot support the content and the extent of the information displayed on the website. However, GONDOLINE SPORT undertakes to put the maximum diligence to solve any kind of technical problem, correct it and help the user to solve it.
5) INDUSTRIAL AND INTELLECTUALPROPERTY
The contents, elements and information that the user can access through the website are subject to and protected by the Spanish law of Industrial and Intellectual Property, including the trademarks, trade names, legends, graphics, logos, patents, copyright belonging exclusively to GONDOLINE SPORT, and which are protected by national, community and international legislation in the field of Industrial Property. The user undertakes to not delete, modify, plagiarize or alter any distinctive sign, trademark, trade name, legend, graphic or logo. The user accepts that the access to the website and its contents does not grant any right on their property, nor to modify them, exploit them, misappropriate them, commercialize them, to carry out any act of denigration, confusion, use of the reputation, or any act of unfair competition which infringes the rights of industrial property of GONDOLINE SPORT. In relation to the contents, designs, drawings and illustrations of the website, they belong exclusively to GONDOLINE SPORT and are protected by the applicable national and international legislation. The user acknowledges that the rights of intellectual property of GONDOLINE SPORT are protected by the regulations established for the Intellectual Property. The user acknowledges that none of the rights laiddown are ceded to him or her and undertakes to not exploit them, reproduce them, publicly notify them, distribute them or decompile them. Any action contrary to these rights is the liability of the user, who will be the solely liable against third parties and will respond against many legal or judicial actions initiated because of their non-compliance. In this way, the user undertakes to use this information exclusively for his or her own needs, as consultation or assistance; as well as not to carry out any commercial exploitation of the services, the contents, or any other action affecting the rights of Intellectual or Industrial Property of their owner(s), either directly or indirectly. The user also undertakes to not suggest or encourage third parties or third party competitors of GONDOLINE SPORT to carry out activities prohibited by law or any kind of acts of unfair competition that prevent the positioning of the company; that generate confusion or association, or that create discredit in the image, brand or trade name, in order to obstruct the implementation, development and proper evolution of GONDOLINE SPORT in trade. The user will not use the distinctive signs to carry out commercial actions without permission, to his or her own benefit or others’. The user will abstain from carrying out any act which violates the public order, morality, honor, dignity, personal or family privacy and image, or which is illegal. The liability for prohibited activities or the ones contrary to the law are exclusively of the user, who undertakes to not harm GONDOLINE SPORT, against any judicial or extrajudicial action that is carried out as a result of that type of acts. The user undertakes and is liable to carry out their compliance and to extend them to all those people authorized by the user to make use of his or her restricted access to the website.
6) CONFIDENTIALITY AND DATA PROTECTION
7) MODIFICATIONS, DISCONTINUATION OF THE SERVICE
1. Modifications: GONDOLINE SPORT reserves the right to, at any time; make the appropriate changes on the website, by organizing, deleting, or adding content, data, services or products. These modifications are to be done unilaterally and without prior notice. In relation to the general and particular terms, GONDOLINE SPORT reserves the right to modify them, alter them and write new provisions according to the new activities or to adapt to the new regulations an legislations. Such changes are only compulsory after their entry into force and applicable to the user when accessing into the website. 2. Cancellation of the service: GONDOLINE SPORT reserves the right to suspend the service unilaterally and without prior notice and to deny the access to the site, either temporarily or indefinitely, to any user who fails to comply with these general and particular terms, or who carries out illegal acts and the ones contrary to law, to the public order and the morality.
8) DURATION AND TERMINATION AND RESOLUTION
The provision of the services of the website and its functioning has an indefinite nature. However, GONDOLINE SPORT may temporarily suspend the service or give it ended permanently, at any time or moment. GONDOLINE SPORT undertakes to notify the users about the suspension or the temporary or definitive interruption of the service. In the case of the unilateral resolution of the service or the forced cancellation of the website, GONDOLINE SPORT will inform the user previously of the causes of this decision, as well as the reasoning on which it is based. In thesecases, GONDOLINE SPORT undertakes to keep the information stored on its server during the period of ten calendar days, after which it will proceed to erase them, fact that is not of its liability.
9) NOTICES AND PROCEEDINGS
The user may be contacted by GONDOLINE SPORT through notices to the provided post address and email or through calls by telephone or any other means known by GONDOLINE SPORT. In this sense, all the notifications that GONDOLINE SPORT may send to the user shall be considered validly made, if they have been done by using the previously designated data and media. For this purpose, the user declares that all the data provided are true, accurate and correct, and undertakes to notify to GONDOLINE SPORT all the changes, developments and future amendments relating to these notification data. All the notifications and communications to GONDOLINE SPORT made by the user shall be considered effective, for all purposes, when sent to GONDOLINE SPORT by any of the following ways:
1. Post to the following address: Avda. de Hispanoamérica, 1 - 03610 Petrer (Alicante) SPAIN
2. Phone call to the phone number: 965 370 634
3. Email to the following address: email@example.com
10) LAW AND JURISDICTION
All matters relating to the website are governed by Spanish laws and are subject to the jurisdiction of the courts and tribunals of the Spanish territory. The parties, expressly waiving their own jurisdiction, accept the Spanish law as the governing law of this contract in the event of any controversy in its interpretation or performance, and they are subject to the courts of Alicante to solve any dispute that may arise from it.
Avda. de Hispanoamérica, 1 - 03610 Petrer (Alicante) SPAIN Phone: 965 370 634