CONDITIONS OF USE
Due to the very nature of the Website, as well as its content and purpose, practically all of the browsing that can be carried out on it must be done with the status of Registered User, which is acquired in accordance with the procedures set out therein. Therefore, the aforementioned condition of User implies adherence to the General Conditions in the version published at the time of accessing the Website. SMART FAN, S.L. reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, SMART FAN, S.L. recommends the User to read them carefully each time he/she accesses the Website.
In any case, there are pages of the Website accessible to the general public, with respect to which SMART FAN, S.L. also wishes to comply with its legal obligations, as well as to regulate the use of the same. In this sense, users who access these parts of the Website agree to be subject, by accessing the aforementioned pages, to the terms and conditions set out in these General Conditions, insofar as they may be applicable to them.
II. ACCESS AND SECURITY
Access to the Services does not require prior registration of users, the user being considered as a Non-Registered User (Web Contact).
In the case of placing an order, it will be compulsory to register in the shop, so you will become a Registered User, called (Customer).
III. CORRECT USE OF THE SERVICES
The User undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and without limitation, undertakes to refrain from:
(a) use the Services in a manner, for purposes or with effects contrary to law, morality and generally accepted good customs or public order;
(b) reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorised by the owner of the corresponding rights or it is legally permitted;
(c) carry out any act that may be considered an infringement of any intellectual or industrial property rights belonging to SMART FAN, S.L. or third parties;
(d) use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for the purposes of direct sales or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose such information in any way;
The User shall be liable for damages of any kind that SMART FAN, S.L. may suffer, on the occasion of or as a consequence of the breach of any of the aforementioned obligations, as well as any other obligations included in these General Conditions and/or those imposed by law in relation to the use of the Website.
SMART FAN, S.L. shall at all times ensure respect for the current legal system, and shall be entitled to interrupt, at its sole discretion, the Service or exclude the User from the Website in the event of the alleged commission, complete or incomplete, of any of the crimes or offences typified by the current Criminal Code, or in the event of any conduct which, in the opinion of SMART FAN, S. L are contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the rules established by SMART FAN, S.L or its collaborators or may disturb the good functioning, image, credibility and/or prestige of SMART FAN, S.L or its collaborators.
IV. PROPERTY RIGHTS
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of SMART FAN, S.L or of third parties, whose rights in this respect are legitimately held by SMART FAN, S.L , and are therefore protected by national and international legislation.
It is strictly forbidden to use all the elements that are the object of industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation.
V. EXCLUSION OF WARRANTIES AND LIABILITY
SMART FAN, S.L. reserves the right to interrupt access to the website at any time and without prior notice, whether for technical, security, control or maintenance reasons, due to power failures or for any other justified cause.
Consequently, SMART FAN, S.L. does not guarantee the reliability, availability or continuity of its website, so that the use of the same by the user is carried out at their own risk, and SMART FAN, S.L. cannot be held responsible for this at any time.
SMART FAN, S.L. shall not be liable in the event of interruptions to the Services, delays, errors, malfunctioning of the same and, in general, other inconveniences that have their origin in causes beyond the control of SMART FAN, S.L. and/or due to the wilful or negligent actions of the User and/or have their origin in fortuitous events or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also be understood to include, for the purposes of these General Conditions, all events beyond the control of SMART FAN, S. L , such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a consequence of natural phenomena, blackouts, etc. and the attack by hackers or third parties specialised in the security or integrity of the computer system, provided that SMART FAN, S.L has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, SMART FAN, S.L. will not assume any liability for direct or indirect damage, consequential damage and/or loss of profit.
Similarly, SMART FAN, S.L. excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems as well as in the documents or systems stored therein.
SMART FAN, S.L. shall not be held responsible for the use that the User makes of the Website’s Services or passwords, or any other material of the same, infringing the intellectual or industrial property rights or any other third party rights.
The User undertakes to hold SMART FAN, S.L harmless for any damage, harm, sanction, expense (including, without limitation, lawyers’ fees) or civil, administrative or any other type of liability that SMART FAN, S.L may suffer that is related to the breach or partial or defective compliance by the User with the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data set out in these conditions or established in the LOPD/RGPD and implementing regulations.
VI. LINKS TO OTHER WEBSITES
SMART FAN, S.L. does not guarantee or assume any type of responsibility for damages suffered by accessing third party services through connections, links or links of the linked sites, nor for the accuracy or reliability of the same. The function of the links that appear in SMART FAN, S.L. is exclusively to inform the User about the existence of other sources of information on the Internet, where he/she can extend the Services offered by the Portal. SMART FAN, S.L. will in no case be responsible for the results obtained through these links or for the consequences arising from access to them by the Registered User. These third party services are provided by third parties, so SMART FAN, S.L. cannot and does not control the legality of the services or their quality. Consequently, the User must exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.
VII. APPLICABLE LAW AND JURISDICTION
For any interpretative or litigious questions that may arise, Spanish legislation shall be applicable. The USER expressly renounces his or her own jurisdiction, and shall be subject to the courts of Valencia.
Legal Notice Revised: January 2021