1. IDENTIFICATION INFOMATION
Pursuant to the information-related obligations set forth in Article 10 of Law 34/2002, of 11 July, of the Information Society and Electronic Commerce Services in Spain, the identifying details of the company are as follows: the company holding the web domain is PRODUCTOS KLAM S.A. (hereinafter Almendrina), established for this purpose at KLAM PRODUCTS, Joan Alcover 4, Pol. industrial Agro-Reus, 43206 REUS, C.I.F. number: A43220698. Contact email address: pklam@almendrina.com (on the website).
2. USERS
The access and/or use of the Almendrina website attributes the condition of USER, who accepts, with regard to said access/use, the General Terms and Conditions of Use established herein. The above-mentioned Conditions will apply irrespectively of the General Terms and Conditions of Contract with which the user must also comply.
3. USE OF THE WEBSITE
almendrina.com provides access to a large amount of information, services, programs and data (hereinafter “content”) on the Internet, belonging to Almendrina or its licensors, which the user can access. The USER assumes the responsibility for use of the website. This responsibility extends to registration should this be needed to access certain services or content.
The USER will be responsible for providing true and lawful information during the registration process. As a result of this registration, the USER can provide a password for which the user will be responsible,
and commit to using it confidentially. The USER undertakes to make appropriate use of the contents and services (such as chat services, discussion forums or newsgroups) that Almendrina, creator of the website, offers through its website and, by way of example and not only, not use it for (i) engaging in illegal activities or those contrary to good faith and public order; (ii) disseminate content or propaganda that is racist, xenophobic, pornographic-illegal, apology of terrorism or against human rights; (iii) causing damage to physical and logical systems of Almendrina, its suppliers or third parties, introducing or spreading computer viruses or any other physical or logical systems that are capable of causing the aforementioned damage; (iv) attempting to access or use the email accounts of other users and modify or manipulate their messages. Almendrina reserves the right to remove any comments or contributions that violate respect for human dignity, which are discriminatory, xenophobic, racist, pornographic, constitute an attack against young people or children, order or public safety, or that, in the opinion of the company, are not suitable for publication. Under no circumstance will Almendrina be held responsible for the opinions expressed by users in forums, chats or any other tools used to participate on the website.
4. DATA PROTECTION
Almendrina complies with the directives of Organic Law 15/1999 of 13 December on the Protection of Personal Data, Royal Decree 1720/2007 of 21 December approving the implementing regulations of this Organic Law and all other corresponding legislation in force at any time, in order to ensure the proper use and treatment of the personal information of the user. To do this, together with each form that requires personal data, in the services that the user can request from pklam@almendrina.com, the user will be informed of the existence and asked to accept the specific conditions regarding the processing of their personal data in each case. The user will also be informed of the responsibility of the created form, the address of the responsible party, the possibility of exercising their rights of access, rectification, cancellation and opposition, the reason for processing personal data and, when appropriate, disclosure to third-parties.
In addition, Almendrina informs that it complies with Law 34/2002, of 11 July, of the Information Society and Electronic Commerce Services, and will always seek consent from the user to process their emails for commercial purposes.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
Almendrina itself or as an assignee, is the holder of all of the intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software and texts; trademarks or logos, combinations of colours, structure and design, selection of materials used, computer programs required for its operation, access and use, etc.), owned by Almendrina or its licensors.
All rights reserved. By virtue of the provisions of Articles 8 and 32.1, paragraph two, of the Spanish Intellectual Property Act, the following are expressly prohibited: any reproduction, distribution or public disclosure, including any means of making available all or part of the contents of this website for commercial purposes, in any form or by any technical means, without authorisation from Almendrina. The USER undertakes to respect the rights of Intellectual and Industrial Property held by Almendrina. The webpage elements can be viewed and even printed, copied and stored on the hard drive of the user’s computer or on any other device providing they are solely and exclusively for personal and private use. The USER is not permitted to remove, alter or manipulate any protection device or security system installed on the Almendrina website.
6. EXCLUSION OF WARRANTIES AND LIABILITY
Almendrina will not be held liable under any circumstances for any damages of any nature that may arise, including but not limited to: errors or omissions in the content, lack of availability of the website or the transmission of viruses, malware or harmful programs through the content, despite having taken all necessary technological measures to prevent this from occurring.
7. AMENDMENTS
Almendrina reserves the right to make any changes it deems appropriate to its website with no prior warning, being able to change, delete or add content and services provided through the site and the way in which they are presented or located on its website.
8. LINKS
In the event that almendrina.com contains links or hyperlinks to other Internet sites, Almendrina has no control over these sites or their content.
In no case
will Almendrina assume any responsibility for the content of any link belonging to an external website, nor guarantee the technical availability, quality, reliability, accuracy, range, validity and
constitutionality of any material or information contained in any such hyperlinks or other sites of the Internet.
Likewise, the inclusion of these external links does not imply any association, merger or membership whatsoever with regard to the linked entities.
9. RIGHT OF EXCLUSION
Almendrina reserves the right to refuse or withdraw user access to the website and/or the services offered with no prior notice, at its own discretion or that of any third party, to any user that breaches the General Terms and Conditions of Use.
10.GENERAL CONSIDERATIONS
Almendrina will act against the breach of these terms and conditions and any misuse of its website, pursuing all legally applicable civil and criminal channels.
11. MODIFICATION OF THESE TERMS AND DURATION
Almendrina can modify the terms and conditions established in this document at any time, being duly published as they appear herein.
These terms and conditions will be valid as long as they are publicly displayed and shall remain in effect until they are modified by other duly published terms and conditions.
12. APPLICABLE LAW AND JURISDICTION
The relationship between Almendrina and the USER shall be governed by the Spanish law currently in force and any dispute shall be submitted to the Courts of the city of Reus.