CONDITIONS OF USE
1. General conditions of use and acceptance thereof
1.1. The purpose of these General Conditions of Use, together with the General Contracting Conditions and any particular conditions that may be established, is to regulate the making available of information and the commercial relations that arise between ALOS PLA S.L. (hereinafter, "CAGANER.COM") and the USERS of caganer.com (hereinafter, "USERS" or "You").
1.2. By browsing the Website and/or by contracting the products included therein, you acquire the status of USER and accept without reservations of any kind, each and every one of these General Conditions of Use, as well as, as the case may be, to the General Contracting Conditions and the Specific Conditions.
1.3. CAGANER.COM will not be responsible, either indirectly or subsidiarily, for damages of any nature derived from the use of the Website that is contrary to what is established in these Conditions of Use, or, if applicable, the General Conditions of Contracting and Specific Conditions;
1.4. CAGANER.COM may at any time and without prior notice modify these General Conditions, as well as the General Contracting Conditions, and/or the Specific Conditions that, where appropriate, are included, by publishing said modifications on the Website so that they can be known by USERS.
2. Intellectual and Industrial Property Rights
2.1. This Website, including but not limited to its programming, editing, compilation, designs, logos, images, text and graphics, are the property of CAGANER.COM, and are protected by national and international regulations on intellectual property. Access by the USER to the Website does not grant any ownership rights over them.
2.2. The USER authorizes the reproduction, distribution and public communication of the photographs inserted in their Intranet account to be published on the Website.
If you see any content on the Website that could violate intellectual and industrial property rights, please inform CAGANER.COM as soon as possible by sending an email to the address info@caganer.com.
3. Civil Liability
3.1. The products presented on the Website are in accordance with Spanish legislation. CAGANER.COM's responsibility cannot be invoked in the case of products that do not comply with the legislation of the countries to which they may have been sent based on the customer's order. It is therefore up to customers outside Spain to verify the possibility of importing or using the products they request from us.
3.2. CAGANER.COM will be liable for any damages that the USER may suffer as a result of the use of the Website when said damages are directly attributable to malicious or negligent action by CAGANER.COM and the USER's actions do not involve fault or negligence. In any case, there will be no malicious or negligent action on the part of CAGANER.COM when it proves that it has complied with the legally and regulatory demands and requirements established and the other care and diligence required by the nature of the service.
3.3. CAGANER.COM may suspend, withdraw or partially or totally cancel the goods not subject to contracting at any time and without prior notice. The previous provision will not affect those goods that are reserved for registered USERS or that are subject to prior contracting and that will be governed by their specific conditions.
3.4. CAGANER.COM does not control, in general, the use that USERS make of the Website, its Intranet, blog and linked social networks. In particular, CAGANER.COM does not guarantee under any circumstances that USERS use the Website and said tools in accordance with the law, these General Conditions of Use, generally accepted morality and good customs and public order, nor that they do so diligently and prudently.
3.5. In the event that the Website contains links or hyperlinks to other places on the Internet, CAGANER.COM will not exercise any type of control over these places and contents. In no case will CAGANER.COM assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality and veracity of any material or information contained at the head of the hyperlinks or other places on the Internet.
4. Exclusion of Warranty
4.1. CAGANER.COM does not guarantee that the service meets the USER's needs or that it runs without interruptions in a timely, reliable or error-free manner. CAGANER.COM does not guarantee that the website and the server are free of viruses and is not responsible for any possible damages or losses that may arise from interferences, omissions, interruptions, computer viruses or disconnections in the operating system of that electronic system, motivated by causes beyond CAGANER.COM.
4.2. It is the responsibility of the USER to adopt all appropriate technical measures to reasonably control these risks and avoid damage to their equipment, loss of data and theft of confidential information. For these purposes, you must have updated systems for detecting malicious software, such as viruses, Trojans, etc., as well as having updated security patches for the corresponding browsers you use.
4.3. CAGANER.COM undertakes to make its best efforts to avoid any errors in the content that may appear on the Website. In any case, CAGANER.COM will be exempt from any liability arising from any errors in the content that may appear on the Website.
5. Obligation of USERS
By way of example, and in no way limiting or exclusive, the USER undertakes to:
5.1. Register providing truthful data and keep said data updated. The USER agrees not to use false identities or impersonate others when using the Website or any of its services;
5.2. Do not introduce, store or disseminate on or from the Website, Intranet or linked social networks any information of a defamatory, libelous, obscene, threatening, xenophobic nature, that incites violence or discrimination based on race, sex, ideology, religion, or that in any way violates morality, public order, fundamental rights, public liberties, honor, privacy or the image of third parties and in general the current regulations;
5.3. Do not introduce, store or disseminate through the Website, Intranet or linked social networks any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Website, of any USER, of CAGANER.COM's suppliers or in general of any third party, or to prevent their normal functioning;
5.4. Properly safeguard the User Name and Password provided to you for access to the Intranet by CAGANER.COM, committing not to assign their use or allow access to them by third parties, assuming responsibility for any damages that may arise from their improper use. Likewise, the USER undertakes to notify CAGANER.COM, as quickly as possible, of its loss or theft as well as any risk of access to the User Name and/or Password by a third party;
5.5. Do not destroy, alter, use for personal use, disable or damage the data, information, programs or electronic documents of CAGANER.COM, its suppliers or third parties;
5.6. Not introduce, store or disseminate through the Website any content that infringes intellectual and industrial property rights, the secrecy of communications and personal data protection legislation;
5.7. Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
5.8. The USER undertakes to enable the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual merchandise delivery schedule. In the event of non-compliance by the USER with this obligation, CAGANER.COM will not have any responsibility for the delay or impossibility of delivery of the order requested by the USER.
6. Privacy and cookies policy
If you want to know more about our privacy and cookies policy, please consult these policies on our website.
7. Minors
In general, to use the services offered by the Website, minors must have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Website by the minors in their care. In those services in which it is expressly indicated or determined by law, access will be restricted solely and exclusively to those over 18 years of age.
8. Duration and termination
The provision of the services and contents of the Website has an indefinite duration. Without prejudice to the foregoing, CAGANER.COM is entitled to unilaterally terminate, suspend or interrupt, at any time and without prior notice, the provision of the service and the Website and/or any of the services, without prejudice of what has been provided in this regard in the corresponding Specific Conditions.
9. Applicable law and jurisdiction
All matters relating to this Website are governed by Spanish Laws and are subject to the jurisdiction of the competent Courts and Tribunals of Girona (Spain).