GENERAL TERMS AND CONDITIONS OF CONTRACT AND USE
A. Ownership of the domain www.gatell.com
B. Intellectual and industrial property.
C. Responsibility for gatell.com
D. Privacy and personal data protection.
E. Applicable legislation. Submission to jurisdictions.
A. DOMAIN OWNERSHIP GATELL.COM
In compliance with Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSICE), we inform you that the ownership of the domain of our virtual store, www.gatell.com, corresponds to Baterías Gatell, S.A.. company legally incorporated in Spain with CIF A-58284365 and registered in the Commercial Register of Barcelona on 23/12/86, Volume 8040, Book 7.298 of the 2nd section, Folio 54, Page B-92246 1st Registration (Hereinafter gatell.com).
If you have any questions, you can contact Gatell by e-mail at firstname.lastname@example.org or by telephone at 93 245 68 45. Our office hours are from 08:00 to 16:00 hours and from Monday to Friday.
B. INTELLECTUAL AND INDUSTRIAL PROPERTY
All content published in the store and especially the designs, text, graphics, logos, icons, buttons, as well as software, trade names, trademarks or industrial designs and any other signs susceptible of industrial and commercial use are subject to intellectual and industrial property rights of gatell.com or third party owners who have duly authorized their inclusion on the website. Under no circumstances shall it be understood that any license is granted or any waiver, transmission, total or partial transfer of said rights is made, nor is any right or expectation of right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of said contents without the prior express authorization of gatell.com or of the corresponding owners.
The use of Gatell’s website for public or commercial purposes is therefore prohibited, and the content of the website may not be exploited, reproduced, distributed, modified, publicly communicated, transferred, transformed or used.
It is expressly forbidden the introduction of hyperlinks for commercial purposes in web pages outside gatell.com, which allow access to our website, without prior consent. In any case, the existence of hyperlinks on websites not belonging to us does not imply in any case the existence of commercial or mercantile relations with the owner of the website where the hyperlink is established, nor the acceptance by gatell.com of its contents or services.
C. RESPONSIBILITY OF GATELL.COM
The products presented on the website are in conformity with the Spanish legislation. The responsibility of gatell.com cannot be invoked in the case of products that do not comply with the legislation of the countries to which they may have been sent according to the customer’s order. It is therefore up to customers outside Spain to verify the possibility of importing or using the products they order from us.
Access to the website is voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effect that may arise from the use of the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by our website, obliging the user to hold gatell.com harmless for any claims arising directly or indirectly from such events.
Gatell.com is not responsible for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of the users, caused by reasons beyond the control of gatell.com, which prevent or delay the provision of services or navigation through the store, or delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems. com, that prevent or delay the provision of services or navigation through the store, or delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems, or the inability to provide the service or allow access for reasons not attributable to gatell.com, due to the user, third parties, or force majeure. Gatell.com does not control, in general, the use that the users make of the website. In particular, gatell.com does not guarantee under any circumstances that the users use the website in accordance with the law, the present General Conditions, morality and generally accepted good customs and public order, nor that they do it in a diligent and prudent way.
D. PRIVACY AND PERSONAL DATA PROTECTION
For the purposes of the provisions of Law 15/1999, of December 13, Protection of Personal Data, as well as the R.D. 1720/2007 of December 21 by approving the regulation that develops the L.O. 15/1999, gatell.com informs you of the existence of a file of personal data created by and under the responsibility of gatell.com with the data obtained on the website www.gatell.com. The purpose of this file is to manage your contractual relationship with us, as well as the realization of promotional and advertising activities of our own or third parties by any means, both by telephone and by sending commercial messages via SMS, etc., that may be of interest to you, from the study and segmentation of the data collected while browsing the website, the data provided by filling out any form, as well as those arising from the business relationship or delivery of products purchased. If you do not wish to receive advertising, simply log in to your account and deactivate the sending of newsletters and information.
Gatell.com is committed in the use of the data included in the file, to respect its confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to save them and to adapt all measures to prevent alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 1720/2007 of December 21. Our secure server guarantees the privacy of the data you transmit to us.
E. APPLICABLE LEGISLATION. SUBMISSION TO JURISDICTIONS
Purchases and sales made at www.gatell.com are subject to Spanish law. In the event that any conflict or discrepancy arises in the interpretation or application of these contractual conditions, the Courts and Tribunals that, where appropriate, will hear the matter, will be those provided for in the applicable legal regulations regarding competent jurisdiction, in which, in the case of end consumers, the place of performance of the obligation or the domicile of the purchasing party is taken into account.
In the event that the purchasing party is domiciled outside Spain, or that it is a sale and purchase made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Barcelona (Spain).
These General Terms and Conditions are current as of 01-11-2012.