OBA7 Import Expor SL (hereinafter, the "Company"), with registered address at 340, KM 165. Hotel Playa del Sol, Estepona (29380) Málaga, and with tax code B 93687523, recorded in the Companies Register of Cádiz, Volume 5837, Page 163, Sheet MA - 150697, Entry 1, dated 09-05-2019.
HEREBY INFORMS: The use of the domain name www.oba7marbella.com is duly registered by the company, with all the safeguards in place, as provided in Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce. However, these legal terms and conditions are fully adapted to the regulations in force on data protection, electronic commerce, contracting conditions, intellectual property and other subsidiary provisions.
1. ACCEPTANCE OF THE LEGAL TERMS AND CONDITIONS
1.1.) Access to this website or its use in any way implies the acceptance of each and every one of these legal terms and conditions, with the Company reserving the right to modify them at any time. Consequently, it is the responsibility of all visitors and/or users to carefully read the current legal terms and conditions of use whenever they enter this website. If they do not agree with any of them, they shall refrain from further using this website.
2.1.) By means of the website www.oba7marbella.com, users are provided with access to various types of content, services, information and data ("content"). The Company reserves the right to modify at any time the presentation, settings and location of the website, as well as the content, products and services provided therein.
3. TERMS AND CONDITIONS OF ACCESS
3.1.) Access and browsing information about the various products and services on the website shall be free of charge and does not require users to register, provide personal data or use passwords.
4. TERMS AND CONDITIONS OF USE
4.1.) The user undertakes to make proper and lawful use of the website, its content and its services, in accordance with the applicable legislation at all times, the legal terms and conditions of the website, and generally accepted morals, good practices and public order.
The user shall refrain from:
- Making an unauthorised or fraudulent use of the website and/or its content for purposes or effects which are illicit, prohibited in these legal terms and conditions, harmful to the rights and interests of third parties, or which in any way may damage, disable, overload, impair or impede the normal use of the services or the documents, files and any sort of content stored on any computer.
- Accessing or attempting to access resources or restricted areas of the website, without fulfilling the conditions required for such access.
- Causing damage to physical or logical systems of the website, its suppliers or third parties.
- Introducing or spreading computer viruses or any other physical or logical systems which are likely to cause damages to the physical or logical systems of the company, its suppliers or third parties.
- Attempting to access, use and/or manipulate data belonging to the company, third party suppliers and other users.
- Reproducing or copying, distributing, allowing public access through any means of public disclosure, transforming or modifying the content, unless they have the explicit consent of the holder of the corresponding rights or this is legally permitted.
- Deleting, hiding or tampering with the notes on intellectual or industrial property and other data identifying the rights of the company or third parties incorporated into the content, as well as any technical protection devices or information mechanisms which may be included in the content.
- Attempting to obtain personal data other than for which they have authorisation, using means or procedures which are illegal, fraudulent, or which may cause any type of damage. (See viruses, Trojans, bugs, worms, etc.).
- Transferring, distributing or disclosing to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material which:
- A. in any way contravenes, disparages or undermines fundamental rights and public freedoms recognised in the Spanish Constitution, in international treaties and in any other legislation;
- B. prompts, incites or promotes criminal, slanderous, defamatory or violent acts or, in general, any acts contrary to the law, morals, generally accepted good practices or public order;
- C. prompts, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition;
- D. incorporates, makes available or enables access to criminal, violent, offensive, harmful or degrading products, elements, messages and/or services, or, in general, any which are contrary to the law, morals, generally accepted good practices or public order;
- E. prompts or may prompt an unacceptable state of anxiety or fear;
- F. prompts or incites other persons to engage in dangerous or hazardous practices, or any which may be harmful to the health and mental balance of persons;
- G. is protected by the legislation on intellectual or industrial property belonging to the company or to third parties, unless the intended use has been authorised;
- H. is contrary to the honour, personal and family privacy or image of persons;
- I. entails any type of advertising;
- J. includes any type of virus or program which may jeopardise the normal operation of the website.
5.1.) The Company does not guarantee the continued access, correct display, download, or use of the elements and information contained on the Company's websites, which may be impeded, hindered or interrupted by factors or circumstances which are beyond its control.
5.2.) The Company may interrupt the service or immediately terminate the relationship with the user if it detects a use of its website or any of the services offered therein which is contrary to these legal terms and conditions.
5.3.) The Company provides the email address firstname.lastname@example.org to users for them to report any content which may affect the activity of other users, duly undertaking to rectify it if appropriate.
5.4.) The Company is not liable for any harm, damages, losses, claims or expenses, caused by:
- Interference, interruptions, outages, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads or errors in telecommunications lines and networks, or by any other cause beyond the control of the Company;
- Unlawful interference through the use of malicious software of any kind and through any means of communication, such as computer viruses or any other means;
- Improper or inappropriate use of the Company website;
- Security or browsing errors caused by a malfunctioning browser or the use of outdated versions of the browser. The Company directors reserve the right to withdraw, in whole or in part, any content or information present on the website.
5.5.) The Company disclaims any liability for damages of any kind which could be due to the misuse of the services freely available and used by the users of the website. The Company is exempt from any liability for the content and information which may be received as a result of the data collection forms, which are solely designed for the provision of the services offered by the company, such as online commerce and request for quotes. Meanwhile, should the user cause damages resulting from illicit or incorrect use of the said services, the Company may lodge a claim against the user for damages or losses sustained.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
6.1.) The user acknowledges and accepts that all trademarks, trade names or distinctive signs, content, all rights of industrial and intellectual property regarding the content, and/or any other elements inserted in this website, are the exclusive property of the Company and/or third parties, who have the exclusive right to use them in trade. In no case does access to the website imply any type of waiver, transmission, licensing or total or partial transfer of said rights, unless explicitly stated otherwise. These legal terms and conditions of the website do not confer on the users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its content other than those explicitly provided herein. Any other use or exploitation of any rights shall be subject to the prior and explicit authorisation specifically granted for that purpose by the Company, or the third-party holder of the rights in question.
6.2.) The content, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this website, as well as the website as a whole, such as multimedia artistic work, are protected as rights of copyright by legislation on intellectual property. The Company is the titleholder of the graphic design elements its website, the menus, navigation buttons, HTML code, text, images, textures, graphics and other website content or, in any case, it has the corresponding authorisation for the use of such elements. The content of the website may not be reproduced in whole or in part, nor transmitted or recorded by any system of information retrieval, in any format or by any means, unless prior permission has been obtained in writing from the Company.
6.3.) It is also prohibited to delete, bypass or manipulate the copyright, as well as any technical protection devices, or any information mechanisms which the content may contain. Users of this website undertake to respect the rights stated and to avoid any action which could harm them, with the Company reserving the right to exercise any means or legal actions appropriate to the defence of its legitimate rights of intellectual and industrial property.
7. DATA PROTECTION
7.1.) To use some of the services, users must first provide certain personal data. To this end, the Company shall use automated means to process personal data in compliance with the General Data Protection Regulation (EU) 2016/679 of 26 May 2016 (GDPR). The user may access the policy followed for the processing of personal data (DATA PROTECTION POLICY) and the previously established purposes, as provided in the terms and conditions defined in the Data Protection Policy on this website.
8. DURATION AND TERMINATION
8.1.) In principle, this website and the services it provides have an indefinite duration. However, the Company may terminate or suspend any of the services of the website. Whenever possible, the Company shall announce the termination or suspension of the provision of the specific service.
9. FORCE MAJEURE
9.1.) The Company shall not be held responsible if it proves impossible to provide the service, if this is due to prolonged interruption of the power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general any cases of force majeure.
10. COOKIES USED ON THIS WEBSITE
- This web site uses the following proprietary and third-party cookies, see the Cookies page.
11. APPLICABLE LAW AND JURISDICTION
11.1.) These legal terms and conditions are governed by Spanish Law. To the extent permitted by law, the parties explicitly waive any other jurisdiction which may correspond and agree to submit to the jurisdiction of the courts and tribunals in the city of the company's registered address.