LEGAL WARNING
LEGAL NOTICE AND GENERAL CONDITIONS OF USE
- PRESENTATION AND IDENTIFICATION OF THE RESPONSIBLE
The website is property of CHARMEX, SA (hereinafter CHARMEX ) domiciled at Calle Venezuela number 35, CP 08019, in Barcelona, with CIF number A43080852, whose services are “ The wholesale sale of Air Conditioning Products, among which the sale stands out. , by way of example and not limitation, of dehumidifiers, humidifiers, heat pumps, etc. and an after-sales and customer maintenance service, among other services ” and registered in the Mercantile Registry of Barcelona, volume 26,035, folio 1, General Sec., Sheet B 97,041, Barcelona Province, entry 1, owner of the website www . charmex.info , regulates the use of the Internet portal service www.charmex.info , which is made available to its users (hereinafter Web Pages ), which is made available to its users.
- DESCRIPTION OF THE ACTIVITY
Through this website, www.charmex.info wishes to train and inform you on the management and sale of audiovisual products , which are offered at CHARMEX , and to offer you the best services in these matters.
This website is aimed at both our clients, subscribers, candidates, workers, suppliers, collaborators, as well as potential clients and all users who consult the website (hereinafter all of them called USER).
If you have any questions about these General Conditions, you can consult us on the following web pages: www.charmex.info .
Below, the General Conditions of Use (hereinafter GENERAL CONDITIONS) are established, which will govern the relationship between the user who contracts and uses the technological platform accessible through its mobile application or website www.charmex.info owned by CHARMEX ( hereinafter CHARMEX ) any of the products and/or services offered on the website and the person responsible for it.
For the purposes of these GENERAL CONDITIONS, a user will be considered anyone who contracts the use of CHARMEX products and/or, in some way, uses the SERVICES offered on the platform or on the portal (hereinafter the USER).
- ACCEPTANCE OF CONDITIONS AND USE OF THE SITE
The use of this website is regulated in the following General Conditions of Use (hereinafter GENERAL CONDITIONS). We ask you to read them carefully, since access to this website and use of its contents implies full acceptance of them.
Access to this website and the information contained therein is completely free, without prejudice to the cost derived from the telephone connection and the means used to establish the connection.
Now, on this same website, information is provided on different products that can be contracted by contacting CHARMEX ; which will be provided according to the particular conditions agreed between the parties (hereinafter the PARTICULAR CONDITIONS).
By accepting this contract, you declare:
- That he is a person of legal age and/or with the capacity to contract, in accordance with the general contracting laws of the State where he resides. In this sense, the User declares to be of legal age and to have sufficient legal capacity to be bound by these conditions, as well as expressly accepts and without exceptions that access and use of this website, its services and The contents of said services occur under your sole and exclusive responsibility.
- That you have previously read, understand and accept the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the SPECIAL CONDITIONS.
The use of the portal and the reading of the general conditions subsequently set out, implies for the user their full and express acceptance, assuming full responsibility for total and/or partial non-compliance with the provisions of these clauses set out and the legal and/or judicial actions that may arise as a consequence of this infringement.
CHARMEX reserves the right to modify these general conditions of use, in order to adapt them to the corporate actions of the company, the current legislation applicable at any time, new jurisprudence and/or common market practices.
In the event that the user does not agree with these general conditions and contents, they must leave the Website, in which case they will not have access to the products, activities and services offered by CHARMEX.
The products and services offered by CHARMEX are in continuous evolution based on new products that come onto the market offered by CHARMEX to its clients and the development of new tools that add value to CHARMEX .
The updated GENERAL CONDITIONS, SPECIAL CONDITIONS, PRIVACY POLICY and COOKIE POLICY will be available, at all times, on the website of the person responsible for CHARMEX at the following addresses: www.charmex.info
The USER will accept these modifications, from the moment they continue using the CHARMEX website to purchase any of the products offered by the company.
The use of certain services offered to USERS may be subject to specific conditions that, depending on the case, replace, complete and/or modify these GENERAL CONDITIONS. Likewise, offers of new products and/or some of the services offered may be subject to particular conditions that may be established at any time by CHARMEX . These conditions may complete, modify or replace, where appropriate, the General Conditions. Therefore, prior to using said services, the USER must carefully read and accept the corresponding specific conditions of each offer, products and/or services (hereinafter the SPECIAL CONDITIONS) that will be published in the same media as the GENERAL CONDITIONS.
Likewise, registration as a registered user, as well as an authorized distributor, necessarily implies access and processing of the information that the USER enters on the CHARMEX portal; Therefore, it may involve access and processing of the USER's personal data by the person responsible for CHARMEX , whose processing will be carried out in accordance with the PRIVACY POLICY.
Participation and registration as a registered user and/or distributor, as well as participation in events and/or activities organized by CHARMEX on the different websites implies the USER's full acceptance of the provisions included in these GENERAL CONDITIONS, the PRIVACY POLICY. and, where applicable and the SPECIAL CONDITIONS, in the versions published at the time the USER registers on the company's website to purchase the products and/or request the services online or in person in our stores and/or or offices and/or through our sales representatives.
If the USER does not agree with the provisions of the aforementioned conditions, they will not be able to register as a registered user and/or distributor of the website and will not be able to purchase the products/or services offered by CHARMEX .
Likewise, in the event that the USER does not agree with any of the modifications made to the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the SPECIAL CONDITIONS, they must stop using the Website or not. You will not be able to register as a user, distributor and/or registered customer, nor participate in the events and/or activities, given that its contracting and use implies acceptance of the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the CONDITIONS INDIVIDUALS at the time of said use
- MODIFICATION OF CONDITIONS
The information on this website and the products, activities and services offered are in continuous evolution and development to provide the best possible experience and value.
When something is modified that implies a change in the GENERAL CONDITIONS, in the SPECIAL CONDITIONS and/or in the PRIVACY POLICY, said modification will be made, proceeding to publish and update them; Therefore, it is recommended to periodically read all of them and/or above all, before finalizing any contract.
The updated GENERAL CONDITIONS, SPECIAL CONDITIONS and/or PRIVACY POLICY will be available, at all times, on this website.
The USER of this website will accept these modifications from the moment they continue using it and/or acquiring and/or contracting the products, activities and services offered by the company.
- PRODUCTS AND SERVICES PROVIDED BY CHARMEX
The Website is a website, designed and created by CHARMEX , to provide its services and for the management and sale of audiovisual products. Specifically, the web pages and platforms with their products and services will be the following:
- www.charmex.info ,
- todolamparas.com
- mycloud.charmex.info
- www.charmexdocs.com/int/CharmexInteractives_HOME.html ,
- solutionspolycom.charmex.info
- https://sites.google.com/charmex.info/magicinfosolutions
- https://sites.google.com/charmex.info/charmexnovastar
- www.traulux.net
- CONTRACTING CHARMEX PRODUCTS AND SERVICES
The initial use or navigation of the Website does not require prior subscription or registration. However, the Distributor who wishes to contract CHARMEX products and services must request it from CHARMEX and it will inform them of the steps to follow.
In the contracting and/or registration process, the USER must:
- Confirm that you are a person of legal age and/or with the capacity to contract, in accordance with the general contracting laws of the State where you reside.
- Know and indicate whether you have read and accept the PRIVACY POLICY, the GENERAL CONDITIONS and SPECIAL CONDITIONS, the PURCHASE CONDITIONS applicable to your case.
- Indicate whether or not you wish to receive commercial communications and promotional information from CHARMEX .
- You have legal capacity to contract the services offered on the Web. You are at least eighteen (18) years old. You are a resident in Spanish territory and access the Website from said country. You declare that you accept the link to this agreement and fully understand and accept the conditions stated here to use the Website and contract the services offered on it.
It is important that the USER reads these sections carefully, since they contain relevant information about their rights, about the way of processing and obtaining both their personal data and the personal data under the responsibility of the USER; as well as the rules that regulate and link the use of CHARMEX and the relationship between the USER and CHARMEX .
The USER who wishes to contact CHARMEX must include the following information:
- Name.
- Surnames.
- Company
- Address
- Population
- Country
- Phone
- Message
In the case of being a distributor, the following information will be necessary:
- Name.
- Surnames.
- Company
- Department
- Post
- Address
- Population
- Country
- Phone
- Message
- Billing information and to make the invoice
- Username and password
When the USER has confirmed that they wish to register or register as a distributor and regular customer of CHARMEX , an email will be sent confirming the registration on the company's website and the possibility of placing their orders through the website. Likewise, we recommend that you read the general conditions of sale displayed on the portal to obtain more information on the procedure for purchasing products and acquiring services.
Contracting CHARMEX products and services entails acceptance of the economic conditions, prices, rates and payment conditions agreed according to each product/service and/or depending on the contracted services. Therefore, we ask that you carefully read the conditions set out on the portal.
The confirmation of contracting will be effective when payment has been made and its correct receipt confirmed, serving as the perfection of the contracting of the products and/or services, CHARMEX being obliged to comply with these with the same effect as a signature on paper. and/or electronic.
- TERM AND VALIDITY OF THE CONDITIONS OF USE
These GENERAL CONDITIONS and, where applicable, the SPECIAL CONDITIONS will come into force from the date on which this agreement between the USER and the CONTROLLER is perfected and will end on the day the user stops contracting the services for a period of time. CHARMEX products and/or services or cause cancellation as a registered user/customer/distributor .
- PLATFORMS AND SOCIAL NETWORKS
In the event that CHARMEX contacts and/or registers through another social media account and/or third-party platforms such as, but not limited to, Facebook, Twitter and LinkedIn and YouTube among others, the USER knows and expressly consents to CHARMEX accessing and using the information contained in this last profile, assuming in this case, not only the conditions and privacy policies of the third party but also those of CHARMEX .
In the event that the user shares or publishes and/or promotes the CHARMEX website with another Social Media platform or with third parties, the user agrees to comply with all terms of use, policies and guidelines established by the corresponding Social Media platform. Media or third parties in relation to said content. The User also agrees to be solely responsible for any claims that may arise from sharing or publishing any content, on any Social Media platform or with third parties.
Social Media platforms or third parties are not partners or representatives of CHARMEX and the latter will not be responsible for the acts or omissions of said platforms in relation to your respective account.
- HYPERLINKS
In the event that www.charmex.info refers through links to advertising or third-party WEB pages, CHARMEX . is not obliged to control and does not control in advance, nor does it approve or make its own the services, content, data, files, products and any type of material or information existing on the web page or pages of third parties, therefore CHARMEX . will not be responsible, under any circumstances, for the legality of the contents of said page/s, being the exclusive responsibility of the third party, by way of example and not limitation, respect for legality, good customs, public order, the contents , as well as that they do not infringe the rights of third parties. The existence of a hyperlink does not presuppose a relationship of any kind between CHARMEX and the owner of the WEB page on which it is established.
Those users or third parties who intend to establish a hyperlink with the page www.charmex.info must guarantee that the hyperlink only allows access to the pages or services of the page www.charmex.info , but does not, but is not limited to, non-limiting, reproduction of contents, deep-links, browsers, inaccurate or incorrect statements, about the contents or the WEB page of www.charmex.info . Except for those signs that are part of the hyperlink, the user will guarantee that the WEB page on which the hyperlink is established will not contain trademarks, trade names, establishment signs, denominations, logos, slogans or any type of distinctive sign belonging to CHARMEX .
- ESSENTIAL OBLIGATIONS OF THE USER .
By user, any natural or legal person who accesses the portal and any of its internal sections will be understood to:
- Contemplate, glimpse, investigate, search or consult its content.
- Contact the company to request its products, services and/or information about its products and/or services.
- Sign up for the company's Newsletter to receive news and commercial advertising.
- Leave your comments on the website of new products that are published on the website and/or sold to the consumer.
- Participate with your comments on the blog and news that appear on the portal
- Participate in events, congresses, conferences and tours organized by CHARMEX to sell its products and/or promote its services.
Every USER, from the moment they begin to use the website and/or contract any of the products and/or services offered therein, undertakes before third parties and before CHARMEX to comply with the following essential obligations:
- To use the website without incurring in illegal or illicit actions, or contrary to what is established in the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the SPECIAL CONDITIONS and their updates.
- Not to damage, disable, overload or deteriorate the website or prevent its normal use or enjoyment.
- Do not make any attempt to violate access levels, incorrect manipulation of data, duplication and export of data or information protected by intellectual property or other legal rights, attempt to access restricted areas of the computer systems of CHARMEX or third parties, introduction of programs , viruses or any other device that produces or may produce modifications in the computer system of CHARMEX or third parties.
- Not knowing the technical and legal requirements necessary for correct access to this website and, where appropriate, the contracting of products and/or services; which may involve downloading certain computer programs or other logical elements to your computing devices.
- Do not use, link, disclose, assign or transmit to a third party in any way, the content published on the website or part of it, or in the CHARMEX information, without prior and express written authorization from CHARMEX .
- Do not damage the image of CHARMEX in any way, nor carry out any activity or comment that could harm the image and good name of CHARMEX .
- Read, understand and, if you agree, accept the GENERAL CONDITIONS, the PRIVACY POLICY and, where applicable, the SPECIAL CONDITIONS and their updates and, more specifically, the LINKS AND/OR COOKIES POLICY of CHARMEX .
- You agree to use the portal and the services in accordance with the law, with the general conditions, the particular conditions of certain services and other notices, regulations of use and instructions brought to your attention, as well as with morality and good customs generally. accepted and public order.
- You are obliged to make appropriate use of the services and/or contents of the portal and not to use them to carry out illegal activities or activities that constitute a crime, that violate the rights of CHARMEX and/or third parties and/or that violate the regulation on industrial property. and intellectual or any other rules of the applicable legal system of both CHARMEX and third parties.
- Since this is a private application, the user agrees not to send messages and/or promotional and/or advertising content to other users, without express authorization from the user and/or CHARMEX .
- The user may not voluntarily hinder the access of other users to the portal through massive consumption of the portal's telematic resources, as well as carry out actions that damage, interrupt or generate errors in said systems.
- The user may not send or forward chain or pyramid messages or illegal multi-level marketing.
- The user may not voluntarily introduce programs, viruses, macros, applets, controls, activeX or any other logical device or sequence of characters that cause or are likely to cause any type of alteration, reduction of functionality and/or speed, destruction of the computer systems of the portal or telecommunications, software and hardware of CHARMEX and/or third parties. Likewise, the user is prohibited from accessing the systems in an automatic way (such as harvesting bots, robots, spiders or scrapers) without the authorization of CHARMEX.
- Regarding the access and identification keys, they are personal and non-transferable and are the responsibility of each user. The user will be solely responsible for choosing strong passwords that are difficult to guess, such as the combination of numbers and letters, punctuation marks and special characters. In this sense, the user will avoid choosing common words, words related to the same, words from the dictionary or words that are easy to guess. Consequently, each user is the sole and exclusive responsible for them, and exempts CHARMEX from any loss or inappropriate use of them by third parties without consent, agreeing not to assign their use or allow unauthorized access by third parties. , thereby assuming full responsibility for any damages that may be caused by unauthorized use by third parties. In the event of loss, theft and/or misplacement of the password, the user is obliged to immediately inform CHARMEX .
- In the event that the user has had their service and account suspended, they will be totally prohibited from opening a new account without permission from CHARMEX.
- The user may not voluntarily hinder the access of other users to the portal through massive consumption of the portal's telematic resources, as well as carry out actions that damage, interrupt or generate errors in said systems.
- In the case of registering, the user/distributor must provide true, accurate information and keep it updated.
- The user agrees not to use false identities or impersonate the identity of other third parties.
- INTELLECTUAL PROPERTY, IMAGE RIGHTS AND INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY
This website, its contents and its distinctive features are protected by Spanish intellectual and industrial property laws, with all of said rights corresponding exclusively to CHARMEX , their use and exploitation being reserved.
The reproduction, distribution, public communication, transformation and/or making available to the public and, in general, any other form of exploitation, by any procedure, of all or part of the contents of this website, its design, selection is prohibited. and form of presentation of the materials included therein; as well as the brands and trade names included in said website. These acts of exploitation may only be carried out with the express prior written authorization of CHARMEX and, as long as explicit reference is made to CHARMEX 's ownership of the indicated intellectual and industrial property rights.
By using the website and/or contracting the services, the USER does not acquire any rights over them, and may simply use them as agreed in these GENERAL CONDITIONS and/or, where applicable, SPECIAL CONDITIONS.
In the event that the USER detects any activity that may violate any intellectual or industrial property right or any type of right, we ask you to notify us by sending a communication to the following email: gdpr@charmex.info .
The contents, elements and information that the user can access through the Portal are subject to and protected by Industrial and Intellectual Property regulations, including trademarks, trade names, legends, graphics, logos, patents and copyright, which They belong exclusively to CHARMEX and/or to the owners of the brands sold by CHARMEX and are protected by national, community and industrial property legislation.
The user agrees not to delete, modify, plagiarize or alter any distinctive sign, brand, trade name, legend, graphic or logo. The user accepts that access to the portal and its contents does not grant him any right over its property, nor for its alteration or modification, nor for its exploitation, misappropriation, commercialization, nor to carry out any act of denigration, confusion. , taking advantage of reputation, or any act of unfair competition that infringes the industrial property rights of CHARMEX and/or third parties and/or third-party brands that appear on the portal.
In relation to the contents, designs, product designs, photographs, drawings and illustrations of the portal, they belong exclusively to CHARMEX and are protected by applicable national and local legislation. The user acknowledges that the intellectual property rights of CHARMEX are protected by the regulations established for Intellectual Property.
The user acknowledges that none of the rights established herein are transferred to them and undertakes not to exploit, reproduce, publicly communicate, distribute or decompile them. Any action contrary to these rights will be the responsibility of the user, who will be solely responsible to third parties and will be liable for any legal or judicial actions initiated due to non-compliance.
In this way, the user undertakes to use this information exclusively for his or her own needs, for consultation or help and not to carry out, directly or indirectly, any commercial exploitation of the services, the content, or any other action that affects the industrial or intellectual property rights of its owner and/or third parties, including, but not limited to, suppliers, clients and/or collaborators of CHARMEX , among others.
The user also undertakes not to suggest or incite third parties or third parties competing with CHARMEX to carry out actions prohibited by law or acts of unfair competition that impede the positioning of the company, that generate confusion, association, that produce a discredit in the image, brand or trade name, that generate contempt or that are comparative acts in order to hinder the implementation, development and correct evolution of CHARMEX in commerce.
The user will not use the distinctive signs to carry out commercial actions, for their own benefit or for the benefit of others.
The user will refrain from carrying out acts that violate morality, public order, as well as acts that violate dignity, honor, image, personal or family privacy, or that are illegal or violate morality and good manners.
Responsibility for actions that are prohibited or contrary to the law will be exclusively the user's, agreeing to hold CHARMEX harmless against any judicial or extrajudicial action that is carried out as a consequence of their actions. The user undertakes and is responsible for carrying out their compliance and extending them to all those authorized by the user to use their restricted access to the portal.
Likewise, the design of the frames, banners, software, source code and its different codes belong exclusively to CHARMEX , who legitimately owns the exploitation rights over them. In this way, the user will not be able to dissect the software or any technical and/or computer element for study, decompile it and/or analyze the source code in its original language to translate it with the same or another code or language.
The viewing and uploading of the contents is only authorized for the user's personal use, and it is prohibited to do so for a commercial purpose.
Furthermore, no link or link between the Portal and another portal may be established without express written authorization from CHARMEX .
- ACTIONS BY CHARMEX FOR THE SURVEILLANCE AND CORRECT OPERATION OF THE PORTAL
CHARMEX will continuously control, moderate and manage the content of the portal and will be able to ensure that the precepts set out in these regulations are complied with.
Likewise, and in the event that the violation of these rules is extremely serious and/or repeated and repeated, CHARMEX reserves the right to cancel and annul the registration as a user or access as a user.
CHARMEX may delete content and information that it may consider violates regulations or when it is in breach of any regulations established in these conditions of use.
Furthermore , CHARMEX reserves the right to initiate the corresponding legal actions for all those who violate the regulations or violate the rights of CHARMEX , including damages to CHARMEX.
CHARMEX has reflected the rules for the appropriate use of the content, as well as has adopted all the necessary security and privacy measures that prevent manipulation of the content by third-party users, such as the suspension of the service to any person who does not Comply with the portal use and/or cancellation policy. However, and even if all the necessary technical and technological means are put in place, CHARMEX will not be responsible for actions committed by users or other third-party users, whether registered or not.
- USER RESPONSIBILITIES
Likewise, the user accepts without reservation all the conditions established on the portal and will be responsible for the inappropriate, irresponsible, negligent, culpable or intentional use of the content of the information, and will assume the consequences and responsibilities for any legal or judicial action that may be taken. interpose as a result of their actions
Likewise, CHARMEX is not responsible for any infringement of intellectual property rights, industrial property, image rights or any other right committed by third-party users or third parties unrelated to the portal.
The user accepts that whatever the use, he undertakes not to sue, nor initiate legal proceedings or claims and unconditionally exempts, releases and undertakes to hold CHARMEX harmless from all judicial or extrajudicial claims, liabilities, risks, demands, actions, causes of action, costs and expenses of any kind, legal or by law, known or unknown, anticipated or unanticipated, suspected or unsuspected, that you now have or may one day have, caused by your actions or the actions of third parties.
The user undertakes and is responsible for carrying out their compliance and extending them to all those authorized by the user to use the contents.
- CHARMEX LIABILITY
CHARMEX will try at all times to provide the service with the highest quality possible. Without prejudice to the foregoing, we decline all liability arising from failures, interruptions or damages caused by system breakdowns, interference or disconnections or by the malfunction of the portal service.
Likewise, CHARMEX declines all responsibility and/or assumption of damages or losses, of any kind or nature, arising from the illegitimate action of third parties by any means or from the improper or inappropriate use of the website by the third parties. users, and in any case, CHARMEX will not assume any responsibility that is caused by the actions or negligence beyond itself and that may or may not affect, directly or indirectly, servers and other computer equipment of the USER or third parties.
The USER agrees to indemnify and hold harmless CHARMEX , its subsidiaries, affiliates, directors and collaborators and/or employees, from any claim or demand, including attorneys' fees, presented by third parties, as a result of inappropriate or impermissible use. of the website and/or the services offered, by the USER, or the violation by the USER of the GENERAL CONDITIONS, SPECIAL CONDITIONS, where applicable, and/or PRIVACY POLICY, as well as any violation of legislation or any right.
CHARMEX cannot guarantee the absence of viruses or other harmful elements that may affect the USER's equipment; Therefore, it must adopt measures to avoid possible risks of this type in response to the current state of telecommunications.
CHARMEX is not responsible for interruptions of the website due to force majeure or circumstances beyond its control.
Likewise, CHARMEX may interrupt access temporarily, due to security measures or due to the restructuring of computer resources, in order to improve the website use service.
CHARMEX only provides the USER with the information published on the website. The USER, therefore, is solely responsible for the correct use of it and that said use is carried out in accordance with the GENERAL CONDITIONS, SPECIAL CONDITIONS, if applicable, and the PRIVACY POLICY.
If the USER is not satisfied with the use of the website, its contents or services or with any part of these GENERAL CONDITIONS, the PRIVACY POLICY and/or SPECIAL CONDITIONS, their sole and exclusive remedy will be to stop accessing the website and /or to use their services.
Likewise, CHARMEX will not be responsible for any of the following actions:
- Correct functioning and continued availability : CHARMEX will not be responsible for failures in the operation of the portal, nor for interruptions, delays, slowness, losses or disconnections in communications and in the transmission of messages. CHARMEX does not guarantee, nor is it responsible for, continuous, constant and uninterrupted operation and operation of the portal.
- Responsibility for damages to the user : CHARMEX will not be responsible, either indirectly or subsidiarily, for damages of any nature caused to the user as a result of the presence of viruses or other elements in the content and services provided by third parties that may cause alterations. in the system contained in the portal. Nor will it be responsible for any damages caused to the user by failures and errors in access, connections, transmissions, interruptions without just cause of the service, intrusions, computer viruses, mass mailings of advertising or when the aforementioned causes are due to situations outside the portal, such as defects in the user's computer, deficiency in its connection, internal viruses in the user's computer, slowness and problems in communications that the user has with telephone operators and /or when due to force majeure.
- Responsibility for content : CHARMEX does not guarantee the quality, accuracy or reliability of the data, programs, information and opinions, regardless of their origin, that circulate on the portal. The user assumes, under his or her exclusive responsibility, the consequences, damages or actions that may arise from access to said content.
- Liability for third parties : CHARMEX will not be liable as a result of acts carried out by third parties outside the system, who, breaking security measures, carry out acts against users such as sending computer viruses, mass advertising or spam, commercial emails. , interruption of service and access to messages.
- Force Majeure : CHARMEX will not be responsible for any failure or delay in the fulfillment of any of its contractual obligations caused by events beyond its control and will (force majeure). Force majeure shall mean any situation or event that is unforeseeable and exceptional, or independent of the will of the contracting parties and in particular (without limitation) the following: Strikes, lockouts or any other collective action, civil commotion, riots, invasions , terrorist attacks or threats of terrorist attacks, war (declared or not) or threat of war, fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters. Inability to use public or private telecommunications networks, and laws, decrees, regulations or restrictions of any government.
- CHARMEX is committed and ensures that it has adopted all technical, organizational and legal measures for the security of communications, both in terms of secure connections and in terms of protection of personal data. What CHARMEX cannot ensure or guarantee, and in this way, is exempt from any responsibility, is the total invulnerability of its security system or the inviolability of communications. CHARMEX will not be responsible for any damages that may cause viruses in the contents and that may cause alterations in the computer system (hardware and software of the user).
- CHARMEX will not be responsible for any damages that may occur due to cases of force majeure, fortuitous or not attributable to the company. Nor is it responsible for the inadequate functioning of the portal for reasons that are beyond its competence, such as, by way of example and not exhaustive, malfunction of telephone operators, poor configuration of the portal by the user or insufficient capacity of the user's computer system. to support the content and extent of the information displayed on the portal. However, CHARMEX undertakes to use maximum diligence to resolve technical problems, correct them or help the user resolve them.
- CHARMEX will not be responsible for the incidental deletion of all or part of the material from the portal, making its recovery impossible or very expensive, in such a way that it cannot be carried out, so users are recommended to keep backup copies. of its contents.
- The portal has been designed to support browsers such as Firefox, Chrome, Explorer, Opera and Safari. CHARMEX is not responsible for any damage that may be caused to other users by the use of other browsers or different and non-original versions of the browsers used in the design of the portal, as well as not keeping the browsers sufficiently updated.
- CHARMEX informs that communications over networks are not secure. In this way, it is up to the user to adopt all necessary measures to control these risks and avoid viruses that may not only damage the equipment of this portal and the user, but also may involve theft of confidential information of the user and/or third parties. For these purposes, the user must have an updated antivirus to detect malicious software, such as viruses, Trojans and other harmful elements.
- CHARMEX will not be responsible for the access of minors to the content of the Website, and it is the responsibility of their parents, guardians and legal representatives to exercise adequate control over the activity of their children or dependents, such as the installation of access control system for minors to certain Web pages.
- CHARMEX will not be responsible for communication failures or incomplete transmissions.
- MODIFICATIONS, SUSPENSION OF SERVICE AND TERMINATION OF SERVICE
- Modifications : CHARMEX reserves the right to make any modifications it deems appropriate to the portal at any time, organizing, deleting or adding content, data or services. The aforementioned modifications will be carried out unilaterally and without prior notice. In relation to the conditions, CHARMEX reserves the right to modify them, alter them and/or draft new clauses depending on the new activities, products, activities and/or services to which it is expanding or to adapt to new regulations and legislations that are emerging. These modifications will only be mandatory as of their entry into force and will be applicable to the user at the same time that the portal is accessed.
- Suspension of the service : CHARMEX reserves the right to unilaterally and without prior notice suspend the service, or deny access to the portal, temporarily or indefinitely, to any user who fails to comply with these conditions, or carries out illegal acts. , illegal and contrary to the law, public order and good customs.
- DURATION AND TERMINATION AND RESOLUTION
The provision of the portal services and its operation has, in principle, an indefinite nature. However, CHARMEX may temporarily suspend the service or terminate it permanently, at any time or instant, without prior notice.
In the case of unilateral termination of the service or forced cancellation of the portal, CHARMEX will inform you in advance of the reasons for its termination, as well as the reasoning on which it bases its decision. In all these cases, no compensation or responsibilities may be requested from CHARMEX.
- NOTIFICATIONS AND PROCEDURES
CHARMEX may direct communications to the user by postal mail to the user's address, email, telephone calls or by any other public means of dissemination as long as this information has been brought to the attention of CHARMEX in the appropriate manner.
In this sense, all notifications made by CHARMEX to the user will be considered validly made, if they have been made using the data and means indicated above. For these purposes, the user declares that all the data provided is true, exact, correct and truthful, committing to communicate to CHARMEX all changes, developments and future modifications related to the notification data.
All notifications and communications made to CHARMEX by the user will be considered effective, for all purposes, when they are directed to CHARMEX , in one of the following ways:
- Shipping by postal mail to the following address: Calle Maresme number 103-105, CP 08019, in Barcelona .
- By sending an email to: gdpr@charmex.info
- INTEGRITY OF CONDITIONS .
The cancellation or declaration of nullity of any of the clauses of these conditions will not entail in any case the resolution of the same or nullity of the same in its entirety, leaving the rest of the clauses in force and with full effects and that have not been declared null. .
Each of the provisions of these clauses must be interpreted separately and independently of the others.
If any clause included in these GENERAL CONDITIONS and/or the SPECIAL CONDITIONS, is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or the part of it that is null or ineffective, remaining the GENERAL CONDITIONS and the SPECIAL CONDITIONS in everything else, with such provision, or the part of it that is affected, being not included.
- APPLICABLE LEGISLATION AND JURISDICTION
For any question or disagreement that may arise regarding the website, content and contracted services, the USER and CHARMEX , expressly waiving any other jurisdiction that may apply to them, expressly submit to the application of Spanish Legislation, with the Courts also being competent. Spanish, with express submission to the jurisdiction of the Courts of Barcelona, unless the applicable legislation imperatively determines another jurisdiction or different legislation.