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USE GENERAL CONDITIONS OF DOMOTIUM.COM: 1- Objective The present General Conditions (on the "General Conditions") consider regular objective the conditions of use and utilization of the site of Internet summoned to court in the direction www.domotium.com (on "the site" or "Domotium") and of the one that is holder the company DOMODESK S.L., with social residence in the c/Archiduque Carlos 103-1º4ª 46014 Valencia and whose social object is the home automation, wholesale electric/electronic appliances as well as the commercialization and sale of data processing products and consumer electronics, included the development and production. The mere utilization of the site, attributes who make use of her, the condition of User ( "User"), who declares to know and to accept without reserve neither any exception, all and each one of the General Conditions that in this document are exposed. Through the site domotium.com will be facilitated to all the Users Registered, the possibility to agree to the contents, services and other information concerning al objective social of the present company. The present general conditions constitute integrally it agreed among the parts in the referring thing to the transactions on line of buying and selling between Domodesk and their clients. Domodesk is authorized to modify unilaterally all and each one of the arranged obligations in the present General Conditions, without need of subject to notice. Likewise it is qualified to restructure, to modify or to eliminate any information, service or content included in the site, without need of subject to notice. The modification of any of the present general conditions for a private case only will have validity when have been collected in writing and signed by the legal representatives of each part. The images, texts, explanations, do not have contractual character and can change in the time, for which alone have a mere reference function. 2- Right and Obligations of the Access Conditions Through the address summoned to court in domotium.com any user will be able to agree free to the contained information in it cited web page. The conditions of access to the site are restricted to the legal dispositions in force in each moment as well as to the principles in good faith and legal of the User, being prohibited express and strictly any type of action that could go in detriment or damage of the site or of third parties. The site does not require the subject to subscription for the simple navigation, access or utilization of the service in question. On the contrary, for the access to you determined contents and services, will be required the subject to subscription and its corresponding registration as User (of now on Registered User). In which to the processing of personal data refer, see the Policy of Privacy of Domodesk. According to the arranged previously, Domodesk is reserved some of the Services offered through the site to the Registered Users of Domodesk by means of the cumplimentación of the corresponding Users registration form of Domodesk that will be available to the Users that desired it The User compromises to select, to use and to conserve their name of user or "login" and their password (from now on the " Access Key ") according to it established in the following clauses. 2.1.2- Assignment of the Access Keys User will be able of access key , user and password, if Domodesk consider it opportune In defect of election on the part of the User, the Access Keys will be assigned automatically by Domodesk. . The User compromises to do a legal use of the Access Keys, as well as to put not available to third parties its Access Keys. The User compromises to communicate to the Domodesk/Domotium Webmaster to the greater brevity, the loss or robbery of the Acess Keys as well as any risk of access to the same by a third.The Access Keys will only be able to be utilized by the Users to the ones that have its assigned. Domodesk remains exonerated of any type of responsibility that can yield for the damages and damages caused or suffered by the fraudulent use or lacks of diligence in the guard and custody of the Access Keys, loss or use contravening the arranged thing in these General Conditions.
2.2- Contents and User Actions The User compromises to do a legal use, diligent, honest and correct of as much as information or content have access well through the web site of Domotium or of third parties previously provided by Domodesk and all it under the principles of the good faith and with respect in every moment to the legality in force. The User should be abstained to obtain, save for personal use, as much as information (be understood for information as any message, files of sound, photographs, drawings, software and in general any class or type of graphic, data processing file etc..) that be property of the site. Likewise the User acquires the commitment of cause not neither malicious neither deliberately damages or damages that be able , to alter the own site as well as not to introduce, neither to diffuse them called "data processing virus" that can produce alterations done not authorize of the contents or systems of the site. The commitment acquired should be governed on the contained utilization according to the arranged thing in the law, moral and public order ; not to copy, to reproduce, to distribute, to yield, to transform or to modify the contents without writed permission of Domodesk or person by this delegate. To this respect, Domodesk is exonerated of any type of failure or data processing virus introduced by third parties. Complying all the arranged requirements relating to the rights of industrial, intellectual property and others analogous. Content of the site
3- Right and Obligations of Domodesk Domodesk will respond unique and exclusively of the services that lend for her same and of the contents directly originated by the own site and identifying with its corresponding one copyright. Domodesk compromises to the adoption of the media and necessary measures that permit to guarantee the security and privacy in the communications. It will not respond when adopted the pertinent measures of security, these was wounded by external agents. Domodesk will not be head not even of indirect or subsidiary form, by no content, information, opinion or demonstration of any type, that have their origin in the User or third persons or companies and that they have access, they transmit, they communicate, they treat, they exhibit or sell information to the site ownership of Domodesk. Domodesk will not be head not even of indirect or subsidiary form, by no content, information, opinion or demonstration of any type, that have their origin in the User or third persons or companies and that they have access, they transmit, they communicate, they treat, they exhibit or sell information to the site ownership of Domodesk. Domodesk does not assure the availability and permanent continuity of the site due to interruptions, failures etc.. as well as will neither respond of the damages and damages that can cause to the Users by the data processing virus or external agents that third persons can place in the site or in the electronic documents and files stored in the data processing system. The site puts available to the certain Users tools such as, buttons, banners, links or link that they permit to the User to go to other sites related to the social object of the site or other different. The installation of these tools have like last end to provide and to facilitate the navigation al User, not being head Domodesk of the sites to the ones that agree the User through his site, in which the Right to the Honor can affect. For all it will be the User who under its own responsibility will agree through those links. In turn Domodesk will treat in the measure of its possibilities to verify you said links, restricting, blocking or suspending said buttons or banners when these was against the principle described in the present General conditions. 4- Offerings, Prices, Payments and time Limit of Delivery In base to its commercial politics, Domodesk will be able to carry out final variations of the price whether for "frequently customer", by acquisition of products of certain company or importance as well as other that can stipulate Domodesk in its duty moment. Nevertheless, it will be Domodesk who free and voluntarily offer these discounts and/or discounts, to who consider appropriate, being able don`t to be required neither requested by the client. In principle the systems detailed in Domotium marketed itself in state of franchises of Domodesk The price that can appear indicated in every moment of the product does not include neither the VAT neither the expenses of manipulation and postage. Domodesk have the right to modify unilaterally the prices of the products without need of subject to notice. The additional discounts and promotional gifts that could be presented for quantity or volume of asked will be exclusively them collected by Domodesk in their offering and they will have validity to the expiration of the period indicated or the exhaustion of their stock. The cost of manipulation and shipment will be for account of the client and they will come in invoice. These costs will be able to vary in function of a new destiny elected by the clients or change of conditions by the respective businesses of logistics that they could be done charge of the transportation. To carry out a purchase will be indispensable to have proceeded previously to fill the corresponding budgets petition form, subsequently there will be that to emit the asked/budget/project with the final prices of the products as well as with the approximate time limit of delivery and to proceed to the payment in metallic in our offices of c/Archiduque Carlos 103-1º-4ª 46014 Valencia or any of the payment form possibilities that put at your service. The time limit of delivery will depend on the products and of the province to which the shipment be performed, and in any case begins to count since Domodesk receives the value of the asked. If the delay in the delivery is attributable to Domodesk and surpasses the 10 days, will proceed, subject to petition written of the client, to the integral refund of the previously payed value by the merchandise whose delivery had been delayed. Likewise, Domodesk head by no unemployed gain will result or emerging, direct or indirect damage, and its maximum responsibility in any case will be the value of the merchandise. If the client cancels total or partially asked before Domodesk to have proceeded to the expedition of the same, Domodesk will be able to require the payment of a compensation in concept of expenses and processing, consistent in the 4% of the value of the merchandise rejected. The clients will be able to be adhered to any of the modalities of payment offered by Domodesk, whenever this negotiated with the commercial manager. The products acquired should be credited after carrying out the ASKED causing arriving at Domodesk the value that figures in the same one, by means of some of the media of payment selected that, for greater security of the client, are: Banking Transfer to some of the accounts indicated in the informative section of the web
Once verified the payment will be initiated on the part of Domodesk the processing of the shipping. After have received the payment pertaining to the order, Domodesk will proceed to emit and to send the INVOICE to the direction that appears in the subscription, or to it indicated by the client. the invoice will be sent once the asked be complete in store. Domodesk will try to deliver the products of identical way to as appear collected in the web. Nevertheless, their suppliers can vary from time to time certain characteristics or quantities offered in a lot without subject to notice. Domodesk will be able likewise to vary these of not substantial way, without incurring because of it in any type of responsibility. A copy of the preinvoice where is detailed the merchandise of the asked complete accompanies to each expedition or in its defect the final invoice. The receiver is obliges to verify that the number of its asked and that of said preinvoice are the same. Likewise it should be verified that the number of lumps that appears in the Document of Delivery of the trucker coincides with the number of lumps delivered. To the delivery of the merchandise, the User should sign the transport document of delivery giving its conformity to the delivery performed. The conformity of the User in the transport document of delivery implies the renunciation to any type of claim or denounces with respect to the merchandise asked and received. The merchandise travels to its destiny assured to every risk by Domodesk, being the price of said sure included in the corresponding price of manipulation and postage. So much to do cash the insurance as to rectify any error in the delivery, is indispensable condition that cause be evident in the section of observations of the document of delivery of the trucker, any incident with respect to the merchandise received or its cover, or in its defect the negative to receive. Is also indispensable that communicate to Domodesk said incident in the maximum time limit of 24 hours. If itself do not comply these conditions, Domodesk will not assume any responsibility on said merchandise. Domodesk offers its clients a payment forms plurality with the purpose to facilitate him the most convenient middle. To this respect, we remit ourselves to the corresponding section of payment. . The guarantees of the products are them established by the manufacturers, being they in every case who would respond of the possible failures or defects of the products supplied, as well as of the possible consequences of the same. The client remains obliged by the terms and conditions specified in the guarantees of the manufacturers of the products object of the purchase through Domodesk. The guarantee applies whenever the product be utilized under the normal conditions of specific exploitation by the manufacturers. Domodesk is not obliged to compensate to the user or to third parties by the consequences of the use of the product, already be direct or indirect damages, accidents suffered per person, damages to other goods , losses of benefit or unemployed gain, damages that originate of a deterioration or losses of data. Domodesk will not respond under neither concept of the possible failures or defects that could have the products provided. It will be the own manufacturer who with its guarantee will respond of the possible damages that the product harbored. The client will be able to verify in the Guarantees Terms provided by Domodesk in its web site, the rights that has and the time limit of guarantee granted for each product. . Domodesk will be able unilaterally and to its alone discretion to agree to facilitate the procedures toward the manufacturer. The products remain out of guarantee by the following motives:
6- Refunds and Right of Resolution Domodesk will not admit refunds in the sales of merchandise that can be reproduced or copied easily and with immediate character. The refund of any merchandise will require the agreement of both parts. Domodesk have the right to require a compensation to compensate the possible damages suffered by the merchandise, as well as to recover the caused direct expenses by the refund. Domodesk will only accept the refund of the merchandise if:
The present General Conditions will be resolved automatically by the extinction of the Company Domodesk or by the bankruptcy statement requests presentation (voluntary or necessary), suspension of payments, contest of creditors, general transfer of goods in favor of creditors, cease of the own activities of the company, petition of removes or expects etc. Nevertheless the previous thing, Domodesk and according to the arranged thing in it cited Executive and Law of Ordering of the Retail Commerce, will be able to consider that when the products requested by the client was clearly personalized and carried out according to the specifications of the consumer, or other that in its moment determine, will not prevail the to cited straight of resolution neither the present general conditions, prevailing therefore the contract of buying and selling betwen parts. Said contract/budget will be emitted by Domodesk and remitted to theCLIENT with the purpose to accept the in it arranged conditions and renouncing the present General Conditions. Domodesk fully conscious of the use and processing that should be given it to the data of personal character and by virtue of the existing legal regulation to this respect, has established in the breast of its organization a system to preserve the security, integrity and confidentiality of the respected as personal data. For it besides complying integrally all and each one of the arranged requirements in the Organic Law 15/1999, of 13 of December, of Personal Character Data Protection, guarantees a not alone legal but loyal use of the personal data as well as an adequate system to exercise the correction access rights, cancellation and arranged opposition in the already mentioned Organic Law.. The contracting on the part of the Users of the services lent in this site, will imply the express consent of this, for the Domodesk will lodge all the personal data of its Users in a electronic file whose purpose is the management, control, prevention and maintenance of the service to lend. Said file, complies with all the requirements and arranged guarantees in the regulation on Protection of Data. Domodesk will obtain unique and exclusively the personal data of the Users, being these in not excessive, pertinent, and adequate every moment. The Users authorize Domodesk to treat automatically its personal data reporting him thus same that can be directed to the Department of Registration of Domodesk to exercise its rights of access, correction, cancellation and opposition in the direction that to such effect is indicated. Address:: Alquería de Benlloch 24 Str, Groud Floor. Valencia (46014)SPAIN Domodesk compromises to the fulfillment of its obligation of guard and custody, to the confidentiality and privacy of the data transmitted. Domodesk acquires the commitment to adopt the measures of imposed security by the Data Protection Law in the corresponding level as well as to adopt the necessary measures to avoid its alteration, loss or access done not authorize, keeping in mind in every moment the state of the technology. To this respect see Political of Privacy of the site domotium.com according to the arranged thing in the politics of privacy of Domodesk, causes is evident that any person will be able to exercise its rights of access, correction, cancellation and in its case, opposition by means of send an email to the address registro@domotium.com The totality of the contents to the ones that be agreed through the service are subject to the Rights of Intellectual/Industrial Property of Domodesk or of third parties. They said content it will not be able to be used, duplicate, distributed, sold, exploited or any another form with commercial purpose or not, without the prior and mandatory consent and in writing its holder (Domodesk). Likewise Domodesk will be head regarding them you mark, logos and other distinctive signs that they be incorporated in any part of the site and that they be property of Domodesk, as well as regular of all the Intellectual or Industrial rights of Property or authorized user of the same. All the contents of the web site domotium.com have been included according to the principles of the good faith, with total coming information or partially of external sources to the own company reason by which Domodesk themselves does not blame in any way of the inaccuracy or not updating of the contents offered. On the contrary all those contents originating in internal sources will be properly identifying with their copyright. The present General Conditions are submitted to the Spanish Laws, that will be applicable relating to its validity, interpretation, execution and fulfillment. All the discrepancies, claims and controversies with respect to the arranged thing previously will be resolved by means of an arbitration of Right according to the norms of the Commercial and Civil Curt of arbitration from Valencia to whose regulation they will be submitted. Said Judgment will be composed for three referees named according to regulatory. If the arbitration did not come be carried out for mutual agreement or were declared nil, both parts are submitted to the Courts and Courts of the city of Valencia, with express renunciation to its own statute if this were another. The User, declares to have read, to know and to accept the present General Conditions in all its extension. Copyright © Domodesk S.L. All the copyrights. It prohibited its total or partial reproduction. 2004. According to the General Conditions of Use of the web site DOMOTIUM of DOMODESK that this finalizes is a company whose mission is the distribution of products and services trough of her same or its channels authorized of distribution. With prior character, is shows that for the access to determined information and content, the User previously should be given of high as such in the place destined al effect by DOMODESK. For that reason, to exist a processing of personal data, DOMODESK has elaborated the present notes with the purpose to inform the Users of its rights and obligations. DOMODESK S.L. . Regular company of the control www.domotium.com, is a company fully conscious with the processing of the personal data and the responsibilities that it involves reason why the use that will do in every moment of the personal data, will be legal and consented in every moment by the User.
Said personal data will be treaties automatically by personnel qualified of DOMODESK and their access will be restricted except for who by virtue of their charge should agree to said information. Said personal data will be treaties automatically by personnel qualified of DOMODESK and their access will be restricted except for who by virtue of their charge should agree to said information. The data obtained of the own Users will be introduced in an electronic data base , property of DOMODESK, that is gifted of measures of security according to the arranged thing in the Security Measures Regulation, by virtue of the data obtained.The end pursued is to guarantee the security of the personal data and to avoid in this way its alteration, loss, processing or access done not authorize, had counts of the technology state of the art. Said file or data base must be fully identifying and recorded in the Data Protection Agency, being guaranteed in every moment that the data requested are adequate, pertinent and not excessive for the use for the one that have been obtained. The fields that compose the form of inscription or access, they will be able to be of obligatory or optional character. It it collected and processing of the Personal Data of the own Users has as a main objective the maintenance of the contractual relation as well as the management, administration, installment of the service in question with the purpose to report in every moment to the User the information by him requested. Because of this installment, DOMODESK considers necessary to request the consent of the User for the shipment of electronic information as by traditional media of information by him required of commercial, technical information of new products, updatings of products as well as any another that was reckoned pertinent on the part of DOMODESK. DOMODESK acquires the commitment in the measure of its possibilities, to have brought up to date and put to the day the information obtained of the own Users. In turn DOMODESK will not respond of the truth of the personal data supplied being the own User its only head. If it will enjoy the faculty to verify them when thus considered it opportune. DOMODESK informs the Users the possibility if thus desire it, to agree,to rectify, to cancel and in their case to be opposed to the personal data that they were in being able of DOMODESK. For the exercise of them to cited straight as well as any other that considered of interest, will be able to cause being directed personally by means of letter certificate to the attention of the responsible for the fileto the following address: According to the arranged thing in the politics of privacy of DOMODESK, causes is evident that any person will be able to exercise its rights of access, correction, cancellation and in its case, opposition by means of the sending an email to the address registro@domotium.com |
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