GENERAL TERMS AND CONDITIONS
I.- INTRODUCTION AND OBJECT
Trigonos is a registered trade mark operated by Josep M. Figueras i Pagès with tax identification number: 35093012-A and registered address at Crta. de la Bisbal, 32 43712 Llorenç del Penedès (hereinafter Trigonos), which operates in the fields of distribution and trade of goods and services; and is the owner of a website on the Internet (hereinafter the website), through which it makes certain information available to its users as well as markets certain products and provides certain services. The website is accessible from several domains or Internet addresses, the main one being: https://www.trígonos.cat
Through the website, Trigons provides its users with access to and use of various services and content (hereinafter, the "services") made available by Trigons or by third parties. The purpose of these terms and conditions is to establish and regulate general access to the website, as well as to the different contents and services provided by Trigones or by third parties from and/or through it.
Both access and general use of the website attribute the condition of user of the same (hereinafter, the "user"), necessarily implying full and unreserved acceptance of each and every one of the provisions included in the general terms and conditions of access and use thereof.
The user is expressly warned and accepts that these conditions may experience variations in the future at the free discretion of Trigones and without any obligation of prior notice on its part. Consequently, it will be the sole responsibility of the User to verify the terms and conditions in force on each of the occasions on which it intends to use the website.
The use of certain services offered to users through the website - in particular the transactional environment or on-line shop of the website - is subject to special conditions (hereinafter the "special conditions") which, depending on the case, may substitute, complete and/or modify these general terms and conditions.
II.- LEVELS OF ACCESS AND USER REGISTRATION
In general, mere access to the website may be free. However, Trígonos conditions, now or in the future, access to certain areas of the website and the use of all its services to the prior completion of the corresponding user registration form.
To all intents and purposes, access to the website through user identification by means of social networks will be considered user registration and necessarily entails acceptance without reservation or objection of these general terms and conditions.
Likewise, Trígonos may make available to users certain services for the use of which may require the completion of additional records and / or satisfaction of certain monetary considerations. Where applicable, said registration shall be carried out in the manner expressly indicated in the service itself or in the particular conditions that regulate it.
The condition of user of Trigones requires legal age. The user declares and declares -in any case- to be at least 18 years of age.
The user guarantees the veracity of the foregoing statement, as well as all registration data provided to Trigones and is responsible for keeping them completely updated for the duration of their condition of the same. In any case the user will be solely responsible for any false or inaccurate statements made and the damages caused to Trigones or third parties for the information provided.
Trigonos reserves the right to refuse registration on the website. This refusal will not result in any right to compensation.
Once the registration process is satisfactorily completed, Trígonos will register the user in its database of registered users. An account will be generated with your email address and associated "password" for each user.
III.- OBLIGATIONS OF THE USER
The following shall be the obligations of the user, without prejudice to those arising from the clauses of this document:
- The user shall be obliged to guarantee the veracity and accuracy of the registration data introduced in the information systems of Trigones and to carry out as many updates as may be necessary. In any case the user will be solely responsible for any false or inaccurate statements made and the damages caused to Trigones or third parties for the information provided;
- To guard the "user" and the "password" diligently, preventing access to them by unauthorised third parties and therefore ensuring their confidentiality;
- Notify Trígonos immediately of any indication of the existence of a violation in the security of the website, of inappropriate or prohibited uses of the services provided from the same, or of security failures of any kind;
- To make good use of the contents, information and services provided from or through the website, in accordance with the law, good faith and generally accepted good customs, expressly committing to:
1- to abstain from carrying out practices or uses of the services with illicit, fraudulent ends, injurious of rights or interests of Trigones or third parties, violators of the norms contained in the present contract or in the particular conditions that in their case regulate any of the services lent from or through the web site;
2- refrain from carrying out any type of action that could disable, overload or damage systems, equipment or services of the website or accessible directly or indirectly through the website;
3- Respect the intellectual and industrial property rights of Trigones and third parties on the content, information and services provided from or through the website, refraining in general from copying, distributing, reproducing or communicating in any way the same to third parties, without the express written permission of Trigonos or the owners of such rights.
IV.- INTELLECTUAL AND INDUSTRIAL PROPERTY
All software and contents of the website, including: html code, texts, animations, images etc. as well as trademarks, trade names and / or logos displayed, are the property of Trigones or third parties and are protected by national and international intellectual property laws and industrial.
Any use outside the website, including reproduction, modification, distribution, transmission, republication, arrangements or representation of any elements of it is strictly prohibited unless with the express written consent of Trigonos.
V.- EXCLUSION OF WARRANTIES
Access to the website does not imply any type of guarantee, which is expressly refused by Trígonos, with respect to quality, veracity, accuracy, legality, timeliness or validity, as well as usefulness or suitability for any purpose of those who access them. Both access to the website and the use that may be made of the information and contents included in it or accessible from it, is under the sole responsibility of the user.
Trígonos shall not be liable in any case and to any extent, or for direct or indirect damages, or for consequential damages or lost profits, for any damages arising from the use of information and content of the website or accessible from or through it.
Trígonos does NOT guarantee in any way the quality, veracity, accuracy, legality, timeliness or validity, as well as the usefulness or appropriateness for any purpose of the contents that make up the website. Trigonos excludes, to the full extent permitted by law, any liability of any kind for the quality, truthfulness, accuracy, legality, timeliness, validity or usefulness / fitness for any purpose that the user may have attributed to the contents that make up the website.
The website may contain links to pages that, even within the website are under the responsibility of third parties. Also the website may contain links to external pages in any case to the same. In both cases, Trígonos cannot control or supervise this content in any way. Trigones excludes, to the fullest extent permitted by law, any liability of any kind arising from the existence or possibility of access to such content.
Likewise, Trigons shall in no case be liable, even indirectly or subsidiarily, for products or services provided or offered by other persons or entities, or for content, information, communications, opinions or statements of any kind originated or poured by third parties and accessible through the Trigons Web Pages.
VI - SECURITY AND PRIVACY
Trigonos shall reasonably use the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malware, etc.
However, the user understands and accepts the aspects involved in the provision of services over the Internet given the open, decentralized and global nature of this communications network.
For this reason, Trígonos DOES NOT guarantee the impregnability of its security systems or the privacy of the information stored in them. Trigones excludes, to the fullest extent permitted by law, any liability of any kind for security failures in the WEB SITE and the consequences that may result from them.
Use of 'cookies': the website of Trígonos uses 'session cookies' for the sole purpose of allowing and facilitating user interaction with it. Also the statistical services, own or others, used by the website of Trigones may use 'cookies' for the sole purpose of establishing metrics and patterns of use of the site. In neither case does Trigons use or access cookies for purposes other than those stated.
VII. - SYSTEM INTERRUPTIONS AND/OR SUSPENSION
In general, the various services will be available uninterruptedly on the Internet. However, the user is warned that Trigons does NOT guarantee in any way this continuity due to the nature of the medium through which they are provided.
The User understands and accepts the aspects involved in the provision of services over the Internet given the open, decentralized and global nature of the network.
Thus, for example, by way of illustration but not exhaustive, below are some of the situations that may temporarily interrupt the provision of such services:
-maintenance tasks on servers and/or data lines,
-server and/or data line mismatches,
-deliberate attacks on the security and integrity of the system,
-computer viruses or the presence of malicious code on the pages it makes up that are not accessible from the website.
Trígonos excludes, to the fullest extent permitted by law, any liability of any kind arising from the temporary interruption in the availability of the website on the Internet.
The user is warned that Trigons may at any time, at its sole discretion and without any obligation of notice, definitively suspend the presence of the website on the Internet and, therefore, the services provided from or through it, without prejudice to what is provided in this regard in the relevant conditions. Trígonos is exempted from any type of responsibility of any kind derived from the consequences that could take place by the definitive suspension in the benefit of these services.
Warning about the product stocks shown in the on-line shop of the website: the website consists of an on-line shop section which may show information about available stocks of products. This information is communicated, in each case, by the manufacturer or distributor of the same.
Trígonos makes efforts to keep this stock information updated on the website, depending on the information transmitted at all times by the manufacturer or distributor, but can not guarantee at all times the adequacy to reality of the same as it is information from others, provided by third parties.
VIII.- VOLUNTARY RESIGNATION, EXCLUSION AND RESPONSIBILITIES
Any user may request to unsubscribe at any time as a user of the website. Trígonos will have a period of 30 days to examine the situation of the user with respect to all services to which it is subscribed to, where appropriate, issue an invoice for all those consumptions that upon receipt of the request to cancel are pending collection.
If there is no amount pending settlement and / or collection, the cancellation will take effect immediately. Otherwise, the deregistration will be subject to the effective collection of these amounts by Trigones.
The user is responsible for the proper use of the website and the services contracted from or through it. Any use of services to the contrary by the user, will result in the immediate exclusion of the website with loss of its status as a registered user of the same, without any right to compensation and without prejudice to the corresponding legal actions by Trigones had place.
The falsehood of personal data and / or professionals provided by the user during the registration process on the website or any of the services provided from or through it may lead to the immediate exclusion of the website with loss of its status as a registered user of the same, without any right to compensation and without prejudice to the corresponding legal actions by Trigones or third parties.
Any type of action by the user that could put at risk or damage systems, equipment or services accessible directly or indirectly through the website, will result in its immediate exclusion from the same with loss of its status as a registered user of the same, without any right to compensation and without prejudice to the corresponding legal actions by Trigones had place.
Any type of action by the user that violates these terms and conditions, the particular conditions that may regulate specific services, the Law or generally accepted good customs, will result in your immediate exclusion from the website with loss of your status as a registered user of the same, without any right to compensation and without prejudice to the corresponding legal actions by Trigones had place.
The user will be solely responsible for any claim, legal action, judicial or extrajudicial, initiated by third parties both against the user and against Trigones, based on uses of services contrary to law, morality, good faith and generally accepted good customs.
For the purposes of making the appropriate notifications, Trígonos designates as contact address the one specified as its own in the heading of these terms and conditions.
The electronic mail provided by the user during the registration process on the website will be used by Trigones for the purpose of notifying the user.
The user is obliged to keep duly updated the data that for the purposes of notifications are referenced in this clause.
All notifications made by Trígonos to the user shall be considered validly made if they have been made using the data and through the aforementioned means.
Trígonos is not responsible for any damage that may occur by the violation of the user's obligation to maintain their contact details updated.
Trígonos may modify without prior notice the promotions and discounts generated by the existing promotion policies on its web pages, and reserves the right to cancel or annul the discounts obtained if it suspects that they have been obtained illegitimately or fraudulently.
Similarly, Trigonos reserves the right to cancel discounts and restore the original data of users in promotions if there are changes in the conditions of application and / or generation of the rules and promotions that have generated such discounts.
XI.- VALIDITY AND COMPLETE AGREEMENT
The declaration of nullity or invalidity of any stipulation contained in these terms and conditions shall not affect the validity and effectiveness of the other clauses.
The present terms and conditions of the services provided by Trigones through the website constitute the entire agreement between the parties, being considered of superior rank to any prior written or verbal agreement, understanding, affirmation, representation, negotiation or purpose of agreement in relation to this matter.
XII.- APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in each and every one of their extremes by Spanish law.
Both Trigonos and the user undertake to try to resolve amicably any disagreement that may arise in the development of commercial relations that are their own.
For the solution of any litigious matters that may arise from the development of commercial relations that are their own, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Tarragona, except -where appropriate- mandatory legal submission to jurisdiction of the party.