1.- OWNERSHIP OF THE WEBSITE.
Pursuant to the provisions of Article 10 of Act 34/2002, of 11 July, on Information Society and Electronic Commerce Services (hereinafter, LSSI), the user is informed that the owner of the website www.pikolin.com (hereinafter, "Website") is operated by Pikolin S.L. (hereinafter, “Pikolin”) , holder of CIF (Tax Identification Number) B-50032200, registered in the Commercial Registry of Zaragoza, Volume 988, Folio 125, Sheet Z-864, with corporate address at Ronda del Ferrocarril, 24. Plataforma Logística Plaza, 50197 Zaragoza (Spain).
The purpose of these terms (hereinafter, “Legal Notice”) is to regulate the use of the Information Society Services that Pikolin provides Internet users from this Website. Access and use of the Website implies that the user (hereinafter, the “User”) accepts and agrees to comply with any and all of the terms included in this Legal Notice, as well as any instructions or recommendations indicated in each specific case.
Access to the Website is free except for the cost of connection through the telecommunications network provided by the service provider chosen by the User.
Pikolin reserves the right to make, at any time and without prior notice, modifications and updates of the Website and its contents, layout and presentation, including this Legal Notice; accordingly, we recommend Users to read it before each access and browsing through the Website.
The User agrees to use the Website in a diligent, correct and lawful way, and undertakes in particular, but without limitation, to refrain from:
(a) using the Website for purposes that are contrary to the law, morals and generally accepted good conduct or public order;
(b) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Website, unless authorisation has been given by the owner of the corresponding rights or it is legally allowed;
(c) doing anything that could be considered an infringement of any intellectual or industrial property belonging to Pikolin or to any other third party;
(d) using the Website and, in particular, information of any type obtained from it to send advertising, communications for direct sale purposes or for any other kind of commercial purpose, unsolicited messages addressed to a group of people regardless of their purpose, as well as refraining from marketing or disclosing this information in any way;
Users will be liable for any damages that Pikolin may suffer in relation to, or as a result of a breach of any of the obligations set out above and any others included in this Legal Notice and/or imposed by law in connection with the use of the Website.
Pikolin shall at all times endeavour to ensure compliance with applicable laws, and shall be entitled to discontinue, at its sole discretion, the availability of the Website or to exclude the User from the Website if it has reason to suspect that the User may be participating, either directly or indirectly, in any of the crimes or offences punishable under the Spanish Criminal Code, or in case Pikolin observes any conduct which, at its sole discretion, it deems contrary to this Legal Notice, the Law and the rules established by Pikolin or that could damage the image, credibility and/or reputation of Pikolin.
3.‐ INDUSTRIAL AND INTELLECTUAL PROPERTY
All intellectual property rights on the Website contents -graphic design (look & feel), distinctive signs (trademarks, trade names), the underlying software (including source code), and other elements making up the Website- belong to Pikolin as owner or holder of a right to use and exploit them, and are as such protected works under applicable intellectual property law.
The use of the Website by the User shall in no event imply a transfer of any industrial and/or intellectual property rights over the Website, its contents and/or Pikolin logos. For this purpose, by means of this Legal Notice, and except otherwise permitted by law, any reproduction, transformation, distribution, public communication, dissemination, extraction and/or reuse by the User of this Website, its contents and/or Pikolin’s logos is expressly prohibited.
Any reproduction of elements or contents of this Website for consideration or for commercial purposes without prior authorisation from Pikolin is expressly prohibited.
4.‐ GUARANTEE AND LIABILITY WAIVER.
Pikolin reserves the right to discontinue access to the Website at any time and without prior notice, either for technical, security, control, maintenance, power failure or any other good reason.
Accordingly, Pikolin does not offer any guarantee with regard to the reliability, availability or continuity of its Website, so the User is at his sole risk when using Website without any liability on the part of Pikolin.
Pikolin shall not be liable for any interruptions, delays, errors, malfunctions and, in general, any other incidents that may occur on the Website due to causes beyond Pikolin’s control, and/or due to wilful misconduct or negligence on the part of the User, and/or arising from unforeseen circumstances or force majeure. Without prejudice to the provisions of Article 1105 of the Spanish Civil Code, for the purpose of this Legal Notice and other Conditions of the Website, the term “Force Majeure” shall be deemed to include any and all events beyond Pikolin's control, such as default by third parties, operators or service companies, lack of access to third party’s networks, acts or omissions of Public Authorities, acts of God, power outages, etc., and attacks from hackers or third parties specialising in the security or integrity of information systems, provided that Pikolin had adopted reasonable security measures according to the state of the art.
Similarly, Pikolin disclaims any liability for damages of any kind that may result from the presence of viruses or other harmful items in the Website contents that may cause alterations to computer systems and in stored documents or systems.
Pikolin shall not be liable for the use that the Registered User makes of the Website services or of its passwords, or for any other materials, infringing on any intellectual or industrial property or other rights of third parties.
Apart from the above scenarios, in which Pikolin assumes no liability, Pikolin shall otherwise only be liable for the damages it may directly cause to Users though its intentional or grossly negligent acts or omissions.
5.- LINKS TO OTHER WEBSITES
The Website may include technical links (links) allowing the User to access other websites and online portals (hereinafter “Linked Sites”). In these cases, Pikolin acts as a brokerage service provider in accordance with Article 17 of the LSSI, and will only be liable for the contents and services supplied on the Linked Sites in the event that it has knowledge of the illegality and has not disabled the link with due diligence. If the User considers that a Linked Website has unlawful or inappropriate content, please notify Pikolin at firstname.lastname@example.org. In no event shall this communication entail an obligation to remove the corresponding link.
Users and, in general, any individual or legal person who proposes to establish a link from their page or site to the Website must obtain Pikolin’s prior written consent. No establishment of such a link shall imply either the existence of a relationship between Pikolin and the owner or operator of the site or page from which the link is established, or the acceptance or approval by Pikolin of its contents or services. In any case, Pikolin reserves the right to prohibit or disable, at any time, any links to the Website, especially in case of unlawful activity or content in the linked page or site.
6.- APPLICABLE LAW AND JURISDICTION.
The use of the Website is governed by and construed in accordance with Spanish law and, with the use of the Website, the User agrees that any dispute or litigation arising between the User and Pikolin will be resolved by the Courts and Tribunals of Zaragoza, Spain.
In the event that any provision contained in this Legal Notice is declared invalid, it shall be withdrawn or replaced. Such declaration of invalidity shall not affect the validity of the remaining provisions contained in this Legal Notice.