Conditions of service


OBJECT

These General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") regulate the use of the website www.herbarium-scaladei.com (hereinafter, the Website) that Herbarium Scala Dei. (hereinafter "Herbarium Scala Dei"), makes available to people who access its Website in order to provide information about products and services, their own and / or third party collaborators, and facilitate access to them, as well such as the contracting of services and goods through it (all jointly called the "Services").

Herbarium Scala Dei has its registered office at Rambla la Cartoixa, Nº7, 43379 Scaladei (Tarragona). To contact Herbarium Scala Dei, you can use the postal address indicated above, as well as the email address info@herbarium-scaladei.com.


Due to the very nature of the Website, as well as its content and purpose, practically all of the navigation that can be carried out through it must be done enjoying the condition of Client, which is acquired according to the procedures contained in the same. Therefore, the aforementioned condition of Client implies adherence to the General Conditions in the version published at the time the Website is accessed. Herbarium Scala Dei reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, Herbarium Scala Dei recommends that the Client read it carefully each time they access the Website.

In any case, there are pages of the Website accessible to the general public, with respect to which Herbarium Scala Dei also wishes to comply with its legal obligations, as well as regulate their use. 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 forth in these General Conditions, to the extent that this may be applicable to them.

Finally, due to the very nature of this Website, it is possible that the content of these General Conditions may be modified or included changes. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that the corresponding conditions that are in force at the time will apply to them. of your access.

ACCESS AND SECURITY

Access to the Services requires the prior registration of the users, once they accept the General Conditions, becoming considered as Clients.

The Client's identifier will consist of her email address and a password. To access the Client's own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.

The use of the password is personal and non-transferable, the transfer, even temporarily, to third parties is not allowed. In this sense, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the Client knows or suspects the use of her password by third parties, she must modify it immediately, in the way it is collected on the Website.

CORRECT USE OF THE SERVICES

The Client agrees to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:

use the Services in a manner, for purposes or effects contrary to the law, morality and generally accepted good customs or public order;
reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted;
perform any act that may be considered a violation of any intellectual or industrial property rights belonging to Herbarium Scala Dei or third parties;
use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as to market or disclose such information in any way;

The Client will be liable for damages of any kind that Herbarium Scala Dei may suffer, on the occasion or as a consequence of the breach of any of the obligations set forth above as well as any others included in these General Conditions and / or those imposed by Law in relation to the use of the Website.

Herbarium Scala Dei will at all times ensure that the current legal system is respected, and will be entitled to interrupt, at its sole discretion, the Service or exclude the Client from the Website in the event of alleged commission, complete or incomplete, of any of the crimes or offenses typified by the current Penal Code, or in the event of observing any conduct that Herbarium Scala Dei considers contrary to these General Conditions, the General Contract Conditions that operate for this Website, the Law, the norms established by Herbarium Scala Dei or its collaborators or could disturb the proper functioning, image, credibility and / or prestige of Herbarium Scala Dei or its collaborators.

PROPERTY RIGHTS

All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Herbarium Scala Dei or third parties, whose rights in this regard it holds. legitimately Herbarium Scala Dei, being therefore protected by national and international legislation.

The use of all elements of industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited.

The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a crime punishable in accordance with articles 270 and following of the Penal Code.

Those Clients who send observations, opinions or comments to the Website by means of the email service or by any other means, in cases where due to the nature of the Services this is possible, it is understood that they authorize Herbarium Scala Dei to the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for the entire time of copyright protection that is legally established and without territorial limitation. Likewise, it is understood that this authorization is made free of charge.

Claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights over any of the Services on this Website should be addressed to the following email address: info@herbarium-scaladei.com.

EXCLUSION OF GUARANTEES AND RESPONSIBILITIES

Regardless of what is established in the General Contract Conditions relating to the contracting of goods contained in this Website, Herbarium Scala Dei is not responsible for the veracity, accuracy and quality of this Website, its services, information and materials. Said services, information and materials are presented "as is" and are accessible without warranties of any kind.

Herbarium Scala Dei reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, either for technical, security, or other reasons. control, maintenance, power failure or any other justified cause.

Consequently, Herbarium Scala Dei does not guarantee the reliability, availability or continuity of its Website or the Services, so the use of the same by the Client is carried out at their own risk and expense, without At no time can Herbarium Scala Dei be held liable in this regard.

Herbarium Scala Dei will not be responsible in the event that there are interruptions to the Services, delays, errors, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of Herbarium Scala Dei, and / or due to to a fraudulent or negligent action of the Client and / or originated by unforeseeable circumstances or force majeure. Without prejudice to what is established in article 1105 of the Civil Code, all events that occur outside the control of Herbarium Scala Dei will be understood to be included in the concept of Force Majeure, in addition, and for the purposes of these General Conditions, such as: failure of third parties, operators or service companies, Government acts, lack of access to third-party networks, acts or omissions of Public Authorities, those others produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Herbarium Scala Dei has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, Herbarium Scala Dei will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.

Herbarium Scala Dei excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or to which they are has accessed through the Website as well as the Services provided or offered by third parties or entities. Herbarium Scala Dei will try as far as possible to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exonerated of responsibility for its failure to update or rectify it, as well as for the content and information provided therein. In this sense, Herbarium Scala Dei has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where it is required by current legislation or when required by an Authority Competent Judicial or Administrative.

Likewise, Herbarium Scala Dei 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 content that may cause alteration in computer systems as well as documents or systems stored in them.

Herbarium Scala Dei is not responsible for the use that the Client makes of the Website Services or their passwords, as well as any other material thereof, infringing the intellectual or industrial property rights or any other right of third parties.

The Client undertakes to hold Herbarium Scala Dei harmless for any damage, loss, penalty, expense (including, without limitation, attorney's fees) or civil, administrative or any other kind of liability that Herbarium Scala Dei may suffer. relationship with the breach or partial or defective compliance on your part of what is established in these General Conditions or in the applicable legislation, and, especially, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES

Herbarium Scala Dei does not guarantee or assume any type of responsibility for damages suffered by access to t
hird-party services through connections, links or links from linked sites or on the accuracy or reliability of the same. The function of the links that appear in Herbarium Scala Dei is exclusively to inform the Client about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal. Herbarium Scala Dei will not be in any way responsible for the results obtained through said links or for the consequences derived from access by the Clients to them. These third-party Services are provided by them, so Herbarium Scala Dei cannot and does not control the legality of the Services or their quality. Consequently, the Client must exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.

APPLICABLE LAW AND JURISDICTION

For any interpretive or litigious questions that may arise, Spanish law will apply and in the event of a dispute, both parties agree to submit, waiving any other jurisdiction that may correspond, to the jurisdiction of the Courts and Tribunals of the city of Tarragona.