Legal Notice

IDENTIFICATION DATA
In compliance with the duty of information contained in article 10 of Spanish Law 34/2002, of 11 July, on Information Society Services and E-Commerce [Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de Comercio Electrónico], users are informed that the owner of this website is THIELMANN PORTINOX SPAIN S.A. provided with Tax Identification Number A-18005389, with registered offices for these purposes at Ctra. Pulianas, Km. 6 – 18197 Pulianas – Granada – Spain. The company is entered in the Companies Register of Granada, General Section, Volume 53, Folio 15, Page 74, Book 7º, Section 3ª, inscription 1ª.

The users of this website may establish direct and effective communication with THIELMANN PORTINOX SPAIN S.A. by written document to the aforementioned address and/or by telephone number +34 958 40 60 00, fax number 958 42 61 32 and/or email address: marketing@thielmann.com

PURPOSE
The General Terms and Conditions included in this document regulate the use (including mere access) of the website, including the content and resources made available to the user by means thereof.

Any person using this website will have user status and agrees to abide by the General Terms and Conditions in force whenever accessing it. Consequently, user should read the General Terms and Conditions carefully each time they propose to use this website. If the users do not agree with any of the terms established herein, they should refrain from using this website.

Without prejudice to the foregoing, the use of given services and content offered to users by means of this website will be regulated specifically or in particular by means of the Specific Conditions. In that case, the Specific Conditions will take priority over the General Terms and Conditions for anything that expressly supplements or amends this General Terms and Conditions. Users should read and accept them when seeking to access these services and content.

This website does not constitute a source of advice or means for on-line contracting with THIELMANN PORTINOX SPAIN S.A.

Use of the web site, its services and contents;

Users are aware of, and voluntary and expressly accept that, the use of this website takes place in all cases, under their sole and exclusive liability.

Users agree to properly use the website and its services and/or tools, all in accordance with the law, these General Terms and Conditions and, as appropriate, the corresponding Specific Conditions, as well as any other specific instructions that may be indicated to the users on the screen while browsing the website.

Users agree with the exclusive use of this website and with all of its elements and/or content in good faith and for lawful and permitted purposes, without infringing current legality and/or prejudicing the legitimate rights of any third party and in no way harming, disabling, overloading, deteriorating or preventing the normal use of the website, the IT equipment or documents, files and any type of content stored in any IT equipment of THIELMANN PORTINOX SPAIN S.A. or other users of the website or any Internet user.

Users and, in general, any individual or legal entity proposing to establish a hyperlink or technical link device from their website to this one, should know that they will be subject to the following terms:

• Neither the total nor partial reproduction of any of the resources or content of the THIELMANN PORTINOX SPAIN S.A. website is permitted.
• Deep-links with website pages and their resources and the creation of a browser or a border environment on these is prohibited.
• It will not be stated, and no impression given that THIELMANN PORTINOX SPAIN S.A. has supervised or in any other way assumed responsibility for the content or services offered or announced on the website on which the Link is established.
• The website on which the hyperlink is established will not contain any mark, commercial name, establishment name, title, logotype, slogan or other distinctive signs belonging to THIELMANN PORTINOX SPAIN S.A.
• The website on which the link is established will not contain unlawful information or content, or any that is contrary to generally-accepted moral standards and public order, or that is contrary to any third-party rights.

The establishment of the hyperlink in no way implies the existence of relations between THIELMANN PORTINOX SPAIN S.A. and the owner of the website on which the hyperlink is established, or the acceptance or approval by THIELMANN PORTINOX SPAIN S.A. of its content or services, for which it is in no way liable. THIELMANN PORTINOX SPAIN S.A. reserves the right in all cases to prohibit or disable any hyperlink to this website at any time, particularly in cases of unlawfulness of the activity or content of the website that includes the hyperlink.

THIELMANN PORTINOX SPAIN S.A. may place hyperlinks and technical link devices at the disposal of the user, solely for the search for, and access to, information, content and services available on Internet, which allow the user to access websites or Internet portals belonging to or managed by third parties. In these cases THIELMANN PORTINOX SPAIN S.A. will not be offering or marketing on its own or via third parties, any information, content and services available on the linked websites, and neither does this mean that it approves, supervises or in any way controls the content and services or any type of material existing on them, whereby the user exclusively assumes all liability for browsing through them.

INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The design, computer programmes, as well as the logotypes, trademarks and other distinctive signs and/or other elements (without being limited to: texts, images, databases, multimedia content, sounds etc.) that are used and/or appear on the website belong to THIELMANN PORTINOX SPAIN S.A. and THIELMANN AG or have been included in the website, with the authorisation of its corresponding owner and are protected by the pertinent intellectual and industrial property rights. The user agrees to respect these Intellectual and Industrial Property rights.

The access by the user to the content and services of the website in no case entails any type of waiver, total or partial transfer or assignment of the above rights, nor does it grant any right of use, alteration, operation, reproduction, distribution or public communication of the content or distinctive signs covered by the intellectual or industrial property, without the prior and express authorisation specifically provided for this purpose by THIELMANN PORTINOX SPAIN S.A. or the third-party holder of the rights.

The user is expressly prohibited from the reproduction, distribution, public communication, including any means of making all or part of the content of this website available for commercial purposes, on any medium and by any technical means, without the authorisation of THIELMANN PORTINOX SPAIN S.A.

The user will furthermore refrain from eliminating, altering or manipulating any protection device or safety system installed in the website.

It is strictly forbidden:

• The presentation of a website within the frame of another website that does not belong to THIELMANN PORTINOX SPAIN S.A. by means of the technique known as “framing”, without the express, written consent of THIELMANN PORTINOX SPAIN S.A.
• The insertion of an image diffused on the website on another website or database, not belonging to THIELMANN PORTINOX SPAIN S.A., by means of the technique known as “in line linking”, without the express, written consent of THIELMANN PORTINOX SPAIN S.A.

Users will solely have the right to view and make copies of website content for their exclusive and personal use, and should exercise these rights in accordance with the principles of good faith and the legislation in force.

NOTICE IN THE EVENT OF UNLAWFUL ACTIVITIES

If users consider that an event or circumstance exist that reveal the unlawful nature of the use of any content and/or the performance of any unlawful activity on the website and, in particular, of the violation of intellectual or industrial or other rights, they must send a notice to THIELMANN PORTINOX SPAIN S.A. with the following points:

• Personal data of the claimant.
• Specification of the alleged unlawful activity carried out on the website and, in particular, in the case of an alleged violation of rights, a precise and concrete indication of the content protected as well as its location on the website.
• Events or circumstances that reveal the unlawful nature of this activity.
• In the event of the violation of rights, the personal data of the holder of the rights supposedly infringed or, of the person authorised to act in the name and on behalf thereof.
• Express, clear statement under claimant liability that the information furnished in the notice is truthful regarding the unlawful use of the content or the performance of the described activities

EXCLUSION OF GUARANTEES AND LIABILITIES

In no way does THIELMANN PORTINOX SPAIN S.A. guarantee or assume liability for any harm and loss of any type that may be caused by:

• The non-availability, maintenance or effective operation of the website and its services or content. Providing that no circumstances occur that make this impossible or impedes the execution thereof, and as soon as it learns of any errors, disconnections and/or lack of updates of the content, THIELMANN PORTINOX SPAIN S.A. will carry out all tasks aimed at rectifying the errors, re-establishing communications and/or updating the aforementioned content.
• The lack of utility, suitability or validity of the web and/or its services or content to satisfy the needs, activities or specific results or expectations of the users.
• The existence of a virus, malware or harmful programmes in the content. In order to decrease the risk of virus entries in the website, THIELMANN PORTINOX SPAIN S.A. utilises virus detection programmes to control all contents included in it. Nevertheless, THIELMANN PORTINOX SPAIN S.A. cannot guarantee the absence of viruses, or of other elements on the website entered by third parties outside THIELMANN PORTINOX SPAIN S.A. that may cause alterations to the physical or logical systems of the users or to the electronic documents and files stored in their systems.
• Unauthorised accesses. THIELMANN PORTINOX SPAIN S.A. adopts several measures to protect the website, the data collected and content from third-party computer attacks. Nevertheless, THIELMANN PORTINOX SPAIN S.A. cannot guarantee that unauthorised third parties may have access to the type of use or navigation of the website made by the user, or of the terms, characteristics and circumstances under which these take place.
• The reception, attainment, storage, disclosure or transfer of the content by the users.
• The unlawful, negligent, fraudulent use or any that is contrary to these General Terms and Conditions, to good faith, or to generally-accepted uses or public order of the website, its resources or content, by the users.
• The breach by third parties of their obligations or commitments in relation to the services rendered to the users via the website.
• The lack of lawfulness, quality, reliability, utility and availability of the services rendered by third parties and made available to the users on the website.

With respect to the links furnished in the website, in accordance with article 17 of the Spanish Law on Information Society Services and E-Commerce, THIELMANN PORTINOX SPAIN S.A. will not be directly or severally liable for any content, information, communication, opinion or statement that is disclosed, conveyed or shown via these links and that comes from third parties when it has no effective knowledge of this. In accordance with article 17 above, it will be understood that THIELMANN PORTINOX SPAIN S.A. has effective knowledge when a competent body has declared the unlawfulness of the data, ordered their removal or prevented access to them, or if the existence of the harm has been declared, and THIELMANN PORTINOX SPAIN S.A. learns of the corresponding resolution, without prejudice to the procedures for the detection and removal of content applied by virtue of voluntary agreements and any other types of effective knowledge that could be established.

Should the user cause harm and loss to third parties by the use of any content and/or tool of the website, as well as an improper use of these, the user expressly releases THIELMANN PORTINOX SPAIN S.A. from any liability. In these cases, the user will assume any liability that could arise as a result of the above. The user will likewise cover any expenses, legal costs and, where appropriate, compensation that could derive from legal proceedings caused by the breach of these terms and applicable legislation.

AMENDMENT OF THESE PROVISIONS AND TERM

THIELMANN PORTINOX SPAIN S.A. may unilaterally and without prior notice, amend the structure and design of the website whenever it deems it appropriate, as well as modify or eliminate the services, content and these General Terms and Conditions.

These General Terms and Conditions will be valid until they are amended by others that have been duly published.

PARTIAL INVALIDITY
The declaration of any of the clauses contained in these General Terms and Conditions as null, invalid or unenforceable will not affect the validity or enforceability of the rest, which will continue to be binding among the parties. The waiver by any of the parties to demand the fulfilment of any of the general terms and conditions stipulated herein at any given time, will not entail a general waiver of the fulfilment of any other term or terms, or create an acquired right for the other party.

APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions are subject to Spanish law.

THIELMANN PORTINOX SPAIN S.A. and the user, expressly waiving any other jurisdiction that may be available to them, submit to the Jurisdiction of the Courts and Tribunals corresponding to the domicile of the user, for any controversies that may arise in relation to the use and/or the rendering of the services of the website and/or with respect to the interpretation, application, fulfilment or breach of these General Terms and Conditions. Should the user reside outside Spain, THIELMANN PORTINOX SPAIN S.A. and the user, expressly waiving any other jurisdiction that could correspond to them and barring any legal imperative to the contrary, submit to the Jurisdiction of the Courts and Tribunals of the city of Madrid.