Service conditions
OBJECTIVE
The present General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") regulate the use of the website www.diloy.com (hereinafter, the website) that Diloy S.A. / Lori Kuan, S.A. (hereinafter referred to as DILOY), makes available to persons accessing its website for the purpose of providing information about products and services, made by them and/or third parties, and facilitating access to them, as well as the contracting of services and goods through it (all jointly referred to as the "services").
DILOY, with its registered office at Calle Arboleda, 2 Nave 205, 28031 Madrid (SPAIN), is a Spanish limited liability company owner of this website whose use is governed by this document, CIF number A-79220851and registered in the Trade Register of Madrid in Volume 2.562, Sheet H-44682, Folio 162, Section 8, first inscription. To contact DILOY, you can use the above postal address as well as the e-mail address info@diloy.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 has to be made under the condition of customer, which is acquired according to the procedures involved in it. As such, the aforementioned customer conditions assumes adherence to the General Conditions in the version published at the time the website is accessed. DILOY reserves the right to modify, at any time, the presentation and configuration of the website, as well as the present General Conditions. Therefore, DILOY recommends that the customer reads it carefully every time they access the website.
In any case, there are pages of the Website accessible to the public in general, in respect of which DILOY also wishes to comply with its legal obligations, as well as to regulate their use. In this sense, users accessing these parts of the website agree to be subject, by accessing said pages, to the terms and conditions contained in these General Conditions, to the extent that they may be applicable.
Finally, due to the nature of the present website, it is possible to modify or include changes in the content of these General Conditions. Therefore, the customer, as well as other users who do not appreciate 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 of their access.
ACCESS AND SECURITY
Access to services requires the prior registration of users, once they accept the general conditions, who are then considered as customers.
The customer's login details will be composed of their email address and a password. For access to the customer's own account, it will be necessary to include this email address, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable; it cannot be transferred, even temporarily, to third parties. In this sense, the customer undertakes to make diligent use of it and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the customer knows or suspects that their password has been used by third parties, they must modify it immediately through the method provided on the website.
CORRECT USE OF SERVICES
The customer undertakes to use the services in a diligent, correct and lawful manner, and in particular, by way of an enunciation and not limitation, undertakes to refrain from:
- using the services in a manner, for purposes or effects contrary to the law, morality and generally accepted good practices or public order;
- reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the services, unless authorized by the holder of the corresponding rights or in the case of legal permission;
- perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to DILOY or to third parties;
- to use the services and, in particular, information of any kind obtained through the Website to send advertising, communications for the purpose of direct selling or any other kind of commercial purpose or unsolicited messages addressed to a plurality of people regardless of their purpose, as well as to market or otherwise disclose such information;
The customer will be liable for damages of any nature that DILOY may suffer, due to 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 with the use of the website.
DILOY shall at all times ensure the respect of the current legal system, and shall be entitled to discontinue, in its sole discretion, the service or exclude the customer from the website in case of alleged, complete or incomplete commission of any of the offences as defined by the current criminal code, or in case of observing any conduct that in the opinion of DILOY is contrary to these General Conditions, the General Contracting Conditions that operate for this website, the law, norms established by DILOY or its collaborators or may disrupt the good performance, image, credibility and/or prestige of DILOY or its collaborators.
PROPERTY RIGHTS
All 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 DILOY or third parties, whose rights in this respect are legitimately held by DILOY, which is 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 violation of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable in accordance with articles 270 and following of the Penal Code.
Customers who send comments, opinions or comments through the email service or by any other means, in the cases where it is possible due to the nature of the Services, are understood to authorise DILOY for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is provided by law and without territorial limitation. As such, it is understood that this authorization is made free of charge.
Any claims that may be brought by customers regarding possible breaches of intellectual or industrial property rights over any of the services of this website should be addressed to the following email address: info@diloy.com.
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
DILOY is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials, regardless of what is established in the General Contracting Conditions related to the contracting of goods included on this Website. Such services, information and materials are presented "as is" and are accessible without guarantees of any kind.
DILOY 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 reasons, security, control, maintenance, power failure or any other justified cause.
Consequently, DILOY does not guarantee the reliability, availability or continuity of its Website or Services, so that the use of the same by the customer is carried out at their own risk and without DILOY's responsibility in this sense.
DILOY will not be liable in case of interruptions of the Services, delays, errors, malfunction of the same and, in general, other inconveniences arising from causes beyond the control of DILOY, and/or due to a malicious action or fault of the customer and/or as a result of a fortuitous event or Force majeure. Without prejudice to what is established in article 1105 of the Civil Code, and for the purposes of these General Conditions, Force Majeure shall be understood as all events occurring outside DILOY,'s control, such as: third party failures, operator or service company failure, acts of government, lack of access to third-party networks, acts or omissions of Public Authorities, 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 DILOY has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, DILOY will not assume any responsibility for direct or indirect damages, emergent damages and/or loss of profit.
DILOY excludes any liability for damages of any nature that may be due to the lack of truthfulness, accuracy, completeness and/or topicality of the services transmitted, disseminated, stored, made available or received, obtained or accessed through the website as well as for the Services provided or offered by third persons or entities. DILOY will try as much as possible to update and rectify that information hosted on its website that does not comply with the minimum guarantees of truthfulness. Nevertheless it will be exonerated of responsibility for its non-update or rectification as well as for the contents and information expressed in the same. In this sense, DILOY has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by customers or collaborators, except in cases where required by current legislation or when required by a Judicial Authority or Competent authority.
Likewise, DILOYexcludes 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 contents that may cause alteration in the computer systems as well as in the documents or systems stored in the same.
DILOY is not responsible for the use that the customer makes of the services of the website or its passwords, as well as any other material on the website, that infringes the intellectual or industrial property rights or any other right of third parties.
The customer agrees to indemnify DILOY for any damages, penalties, expenses (including, without limitation, solicitors' fees) or civil, administrative or any other liability that may be incurred by DILOY related to the breach or partial or defective fulfilment of its 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 collected in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
DILOY does not guarantee or assume any responsibility for damages caused by access to Third Party Services through links, links or links of linked sites or the accuracy or reliability thereof. The function of the links that appear in DILOY is exclusively to inform the customer about the existence of other sources of information on the internet, where you can extend the services offered by the website. DILOY will in no case be responsible for the result obtained through such links or the consequences that derive from the access by the Customers to them. These Third Party Services are provided by third parties, so DILOY cannot control and does not control the lawfulness of the Services nor its quality. Consequently, the customer must exercise extreme caution in the valuation and use of the information and services existing in the content of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretative or litigious issues that may arise, Spanish law will apply and, in case of dispute, both parties agree to submit, with waiver of any other jurisdiction that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Madrid.