LEGAL NOTICE

Mari Carmen Jurado Porcel, hereinafter “the COMPANY”, is the entity that owns the website www.mjporcel.es (hereinafter the “Website”), with registered office at: Parque Joyero de Córdoba Fase 4 Local 30 and Tax ID 30473126N

The COMPANY welcomes you and invites you to carefully read the General Terms of Use of this Website (hereinafter, the “General Terms of Use”), which describe the terms and conditions that will be applicable to your browsing, in accordance with the Spanish regulations in force. Since the COMPANY may modify these Terms of Use in the future, we recommend that you visit them periodically to be duly informed of any changes made.

In order to ensure that the use of the Website complies with criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query regarding the General Terms of Use will be received and resolved by contacting the COMPANY via email: info@mjporcel.es

1. Purpose The COMPANY provides the content and services available on the Website, subject to these General Terms of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). Access to this Website or its use in any way grants you the status of “User” and implies the unreserved acceptance of each and every one of these General Terms of Use, the COMPANY reserving the right to modify them at any time. Consequently, it will be the responsibility of every User to carefully read the General Terms of Use in force each time they access this Website; therefore, if the User does not agree with any of the terms set out herein, they must refrain from using this Website.

Likewise, you are hereby informed that, on occasions, specific conditions may be established for the use on the Website of specific content and/or services; the use of said content or services will imply acceptance of the specific conditions indicated therein.

2. Services

Through the Website, the COMPANY offers Users the possibility to access: Information about the company and the services and products offered – A section with general information about the company – A section with information about the products for sale – A “contact” section to make enquiries – (hereinafter, the “Services”).

3. Privacy and Data Processing When, in order to access certain content or services, it is necessary to provide personal data, Users guarantee its truthfulness, accuracy, authenticity and validity. The COMPANY will process such data automatically as appropriate depending on its nature or purpose, under the terms indicated in the Data Protection Policy section.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all content displayed on the Website and, in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible to industrial and/or commercial use, are subject to Intellectual Property rights and that all trademarks, trade names or distinctive signs, and all industrial and intellectual property rights over the contents and/or any other elements inserted on the page, are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic transactions. Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding the COMPANY harmless from any claim arising from breach of such obligations. Under no circumstances does access to the Website imply any waiver, transfer, licence or assignment, in whole or in part, of such rights, unless expressly stated otherwise. These General Terms of Use of the Website do not grant Users any other rights of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorisation specifically granted for such purpose by the COMPANY or the third party holder of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY owns the elements that make up the graphic design of the Website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorisation to use such elements. The content displayed on the Website may not be reproduced, in whole or in part, transmitted or recorded by any information retrieval system, in any form or by any means, unless prior written authorisation is obtained from the aforementioned Entity.

It is also prohibited to remove, evade and/or manipulate the “copyright” as well as technical protection devices, or any information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights stated and to avoid any action that could harm them, the COMPANY reserving in any case the exercise of any means or legal actions available to it in defence of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User The User undertakes to: Make appropriate and lawful use of the Website as well as the contents and services, in accordance with: (i) the applicable legislation at any given time; (ii) the General Terms of Use of the Website; (iii) generally accepted morals and good customs; and (iv) public order. Provide all means and technical requirements needed to access the Website.

Provide truthful information when filling in personal data forms contained on the Website and keep them updated at all times so that they reflect, at all times, the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for any damage caused to the COMPANY or third parties by the information provided.

Notwithstanding the provisions of the previous section, the User must also refrain from:

• a) Making unauthorised or fraudulent use of the Website and/or the content for unlawful purposes or effects, prohibited in these General Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or the documents, files and all kinds of content stored on any computer equipment.
• b) Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for such access.
• c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties.
• d) Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
• e) Attempting to access, use and/or manipulate the data of the COMPANY, third-party suppliers and other Users.
• f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or legally permitted.
• g) Removing, concealing or manipulating notices on intellectual or industrial property rights and other identifying data of the COMPANY’s rights or those of third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents.
• h) Obtaining and attempting to obtain the contents by using means or procedures other than those that, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are located or, in general, those commonly used on the Internet because they do not entail a risk of damage or disabling of the website and/or the contents.
• i) In particular, and by way of example only and not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:\r\n
  • 1) In any way is contrary to, disparages or infringes fundamental rights and public freedoms recognised by the Constitution, in International Treaties and in the rest of the legislation in force.
  • 2) Induces, incites or promotes criminal, denigratory, defamatory, violent actions or, in general, actions contrary to the law, morals, generally accepted good customs or public order.
  • 3) Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition.
  • 4) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morals and generally accepted good customs or public order.
  • 5) Induces or may induce an unacceptable state of anxiety or fear.
  • 6) Induces or incites involvement in dangerous practices, risk-taking or practices harmful to health and psychological balance.
  • 7) Is protected by intellectual or industrial property legislation belonging to the COMPANY or third parties without authorisation for the intended use having been obtained.
  • 8) Is contrary to honour, personal and family privacy or a person’s own image.
  • 9) Constitutes any type of advertising.
  • 10) Includes any type of virus or program that prevents the normal functioning of the Website. If, in order to access some of the services and/or contents of the Website, you are provided with a password, you undertake to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper safekeeping and confidentiality, undertaking not to share it with third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by unauthorised persons. Likewise, you undertake to notify the COMPANY of any fact that may involve improper use of your password, such as, by way of example, theft, loss or unauthorised access, in order to proceed with its immediate cancellation. Consequently, until you make such notification, the COMPANY will be exempt from any liability that may arise from improper use of your password, and any unlawful use of the contents and/or services of the Website by any illegitimate third party will be your responsibility. If you negligently or wilfully breach any of the obligations established in these General Terms of Use, you will be liable for all damages and losses that may arise for the COMPANY as a result of such breach.

6. Liabilities The COMPANY does not guarantee continuous access, nor the correct viewing, downloading or usefulness of the elements and information contained on the Website pages, which may be prevented, hindered or interrupted by factors or circumstances beyond its control.

The COMPANY is not responsible for decisions that may be taken as a result of access to the contents or information offered.

The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that use of its Website or any of the services offered therein is contrary to these General Terms of Use. The COMPANY is not responsible for damages, losses, claims or expenses arising from use of the Website. It will only be responsible for removing, as soon as possible, the contents that may generate such damages, provided it is notified accordingly. In particular, it will not be responsible for damages that may arise, among others, from:

• a) interference, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of the COMPANY.
• b) unlawful intrusions through the use of malicious programs of any kind and through any communication medium, such as computer viruses or any others.
• c) improper or inappropriate misuse of the Website.
• d) security or navigation errors caused by a malfunctioning browser or the use of outdated versions thereof. The COMPANY’s administrators reserve the right to remove, totally or partially, any content or information present on the Website. The COMPANY excludes any liability for damages of any kind that may be due to misuse of the services freely available for use by the Website Users. Likewise, the COMPANY is exempt from any liability for the content and information that may be received as a result of data collection forms, which are solely for providing enquiry and question services. On the other hand, in the event of causing damages as a result of unlawful or incorrect use of said services, the User may be claimed against by the COMPANY for the damages caused. You will defend, indemnify and hold the COMPANY harmless against any damages and losses arising from claims, actions or demands by third parties as a result of your access to or use of the Website. Likewise, you undertake to indemnify the COMPANY against any damages and losses arising from your use of “robots”, “spiders”, “crawlers” or similar tools used in order to collect or extract data or any other action on your part that imposes an unreasonable burden on the operation of the Website.

7. Hyperlinks The User undertakes not to reproduce in any way, not even through a hyperlink or link, the COMPANY’s Website, as well as any of its contents, unless expressly authorised in writing by the COMPANY. The COMPANY’s Website includes links to other websites managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the COMPANY is not responsible for the content of such websites, nor does it position itself as guarantor and/or offering party of the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include a link to our Website (I) may not imply that the COMPANY recommends that website or its services or products; (II) may not misrepresent their relationship with the COMPANY nor claim that the COMPANY has authorised such link, nor include trademarks, trade names, commercial names, logos or other distinctive signs of the COMPANY; (III) may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination on grounds of sex, race or religion, contrary to public order or unlawful; (IV) may not link to any page of the Website other than the main page; (V) must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its website or within one of its “frames” or create a “browser” over any of the Website pages. The COMPANY may request, at any time, that you remove any link to the Website, after which you must proceed immediately to remove it. The COMPANY cannot control the information, content, products or services provided by other websites that have established links pointing to the Website.

Consequently, the COMPANY assumes no responsibility whatsoever for any aspect relating to such websites.

8. Data protection In order to use some of the Services, Users must first provide certain personal data. To that end, the COMPANY will automatically process Personal Data in compliance with Law 15/1999 of 13 December on Personal Data Protection and the implementing Royal Decree 1720/2007. To this end, the User can access the policy followed in the processing of personal data as well as the establishment of the purposes previously set out, as provided in the conditions defined in the Data Protection Policy presented on the Website.

9. Cookies The COMPANY reserves the right to use “cookie” technology on the Website, in order to recognise you as a frequent User and personalise your use of the Website by preselecting your language, or the most desired or specific content. The “cookies” used by the Website, or by the third party acting on its behalf, are associated only with an anonymous user and their computer, and do not in themselves provide the user’s personal data.

Cookies are files sent to a browser by means of a web server to record the User’s browsing on the Website, when the User allows their receipt. In turn, you may delete the “cookies”, for which you should consult the instructions for use of your browser.

Thanks to cookies, it is possible for the COMPANY to recognise the browser of the computer used by the User in order to facilitate content and offer navigation or advertising preferences to the User, the demographic profiles of Users, as well as to measure visits and traffic parameters, monitor progress and number of entries.

10. Duration and termination The provision of the service of this Website and the other services is, in principle, of indefinite duration. However, the COMPANY may terminate or suspend any of the portal services. Where possible, the COMPANY will announce the termination or suspension of the provision of the specific service.

11. Statements and Warranties In general, the contents and services offered on the Website are for informational purposes only. Consequently, by offering them, the COMPANY does not grant any warranty or make any statement in relation to the contents and services offered on the Website, including, by way of example, warranties of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such statements and warranties cannot be excluded by law.

12. Force majeure The COMPANY will not be liable in any event for inability to provide the service if it is due to prolonged interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or unforeseeable circumstances.

13. Dispute resolution. Applicable law and jurisdiction These General Terms of Use, as well as use of the Website, shall be governed by Spanish law. Any dispute shall be resolved before the courts of Córdoba.

In the event that any provision of these General Terms of Use is unenforceable or void under applicable law or as a result of a judicial or administrative decision, such unenforceability or nullity shall not render these General Terms of Use unenforceable or void as a whole. In such cases, the COMPANY will proceed to modify or replace such provision with another that is valid and enforceable and that, as far as possible, achieves the objective and intent reflected in the original provision.