Conditions of use of the website
1.- PURPOSE AND SCOPE OF APPLICATION OF THE CONDITIONS OF USE OF THE WEBSITE
The purpose of these Conditions is to regulate free access to the contents of the website www.califacasas.com owned by MAGNUM PLUS, SL (hereinafter and throughout the website as CALIFA CASAS), by the User through the Website. The website www.califacasas.com, hereinafter the Portal or website, is governed by the regulations exclusively applicable in Spain, being subject to it, both nationals and foreigners who use this website.
2.- OWNERSHIP OF THE WEBSITE AND MEANS OF CONTACT
In compliance with the Spanish Law 34/2002 on Information Society Services and Electronic Commerce, we inform you that this website is the property of MAGNUM PLUS, SL and its identifying data:
Company name: MAGNUM PLUS, SL, hereinafter CALIFA CASAS.
TAX ID: B11373883
Registered office: Plaza de España, 16 – 11150 Vejer de la Frontera (Cádiz).
Registered in the Mercantile Register of Cadiz, Volume 1051, Book: 0, Page 11313.
To communicate with us, we put at your disposal the following means of contact:
All notifications and communications between users and CALIFA CASAS will be considered effective, for all purposes, when they are made by any of the aforementioned means.
3.- ACCEPTANCE, AVAILABILITY AND MODIFICATIONS OF THE CONDITIONS OF USE OF THE WEBSITE
The User undertakes to read and expressly accepts these Conditions of Use of the Website, in the version published by CALIFA CASAS at the time the User accesses the advertised content, and the Conditions are always and in any case available to the User, and may be stored and/or reproduced. Thus, CALIFA CASAS may modify these Terms and Conditions whenever there is sufficient cause or reason to do so, without this affecting the content advertised.
4.- APPLICABLE REGULATIONS
This Legal Notice is subject to the provisions of Organic Law 3/2018, on the Protection of Personal Data and Guarantee of Digital Rights, of 5 December 2018 (LOPDGDD), EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.
5.- CONDITIONS OF ACCESS TO THE WEBSITE AND USE OF PRODUCTS AND SERVICES
Access to the CALIFA CASAS website is free of charge and purchases may only be made if you are of legal age. As a User you undertake to:
Not to falsify your identity or your date of birth to access the site.
Not to use any of the content that CALIFA CASAS makes available to you for illicit purposes.
Not to carry out any activity that could damage, overload, deteriorate or impede the normal activity of the website.
Not to obtain the content provided on the Website by illicit, fraudulent, theft or plagiarism means, in accordance with the provisions of the Criminal Code and applicable regulations.
In the event that the User causes damage to third parties by making use of any content provided through the Website, he/she expressly exonerates CALIFA CASAS from any liability that may be imputed to him/her. To this effect, as a User, you assume exclusive responsibility for any liability that may arise.
CALIFA CASAS, in order to guarantee the rights in compliance with these Terms and Conditions and respect for current legislation, may:
Proceed to supervise the Website through its administrators, with respect for the secrecy of communications and the privacy of the User and, in particular, adopt all necessary measures so that in the event of discovering identity fraud in a minor, the parents or legal guardians are informed.
To temporarily interrupt the service without prior notice for technological or legal reasons, which will be duly justified.
Modify the Conditions of Use of the contents, when there is sufficient cause or reason, for technological or legal reasons.
Modify the contents of the Web without prior notice, when for reasons of its activity it deems appropriate.
To prohibit access to the contents, without prior notice, to any User who contravenes the provisions of these Conditions.
6.- RESPONSIBILITIES OF THE PARTIES
Responsibility of CALIFA CASAS:
CALIFA CASAS will only be liable for any damages that the User may suffer as a result of accessing the Website when such damages are attributable to the wilful misconduct of the company.
Likewise, it shall not be liable for any damage caused to the User in the event of the impossibility of providing the service due to acts of God, force majeure or other causes not attributable to CALIFA CASAS.
Likewise, CALIFA CASAS shall not be held responsible for the inadequate functioning of the Website if this is due to maintenance work, incidents, defective functioning of the terminal or its insufficient capacity to support the systems essential for making use of the service.
CALIFA CASAS will adopt the appropriate measures to ensure a rapid response, without taking responsibility for delays due to telecommunications services.
Responsibility of the User:
The User will be solely responsible for the consequences arising from the communication of data that is not true, (including age), as well as data belonging to persons other than the User him/herself.
In the event of non-compliance by the User with his/her obligations, CALIFA CASAS reserves the right to take appropriate legal action, as well as the right to restrict access to the advertised content.
8.- LIMITATION OF LIABILITY
CALIFA CASAS makes every effort to ensure that the information appearing on the Website is correct and up to date.
The User exonerates CALIFA CASAS from any liability that may arise from interruptions in the availability of access to the contents, caused by force majeure or beyond its control, such as the modem, the User’s computer system, navigation software, viruses, interconnection of telephone and electrical networks, ADSL line, fibre optics, ISDN, and/or any other transport or telecommunications infrastructure used by the User.
CALIFA CASAS shall not be liable for any damages that may be caused to the User by content owned by third parties. The risks derived from accessing content owned by third parties correspond exclusively to the User, who must abide by their terms and conditions, for which CALIFA CASAS accepts no responsibility.
In the event that any user or third party considers that there are facts or circumstances that reveal the illicit nature of the use of any content and/or the carrying out of any activity on the web pages included or accessible through the website, they are obliged to send a notification to CALIFA CASAS duly identifying themselves and specifying the alleged infringements.
9.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The intellectual property rights of this Website, its source code, design, navigation structures and the different elements contained therein are the exclusive property of CALIFA CASAS, which is entitled to exercise the rights to exploit the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European Union legislation.
The total or partial reproduction of the contents of this Website is strictly prohibited without the express written consent of the Owner.
The unauthorised use of these contents by any other person or company will give rise to the legally established responsibilities.
CALIFA CASAS may display services or products with the Trademarks and commercial signs that are indicated on its Website. CALIFA CASAS is the legitimate owner of its Trademarks and promotional material.
Any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, by means of any type of support and medium, of the aforementioned works, creations and distinctive signs without prior and express authorisation from their respective owners is prohibited.
Failure to comply with this prohibition may constitute an infringement punishable under current legislation.
10.- APPLICABLE LEGISLATION AND JURISDICTION
These terms and conditions are governed by the applicable Spanish legislation in force. For the resolution of disputes that may arise as a result of the provisions of these provisions, and expressly waiving any other jurisdiction that may apply, the User agrees to submit to the jurisdiction of the Courts and Tribunals of VEJER DE LA FRONTERA (CÁDIZ), except in matters relating to issues arising from the online sales contract itself, which shall be subject to the jurisdiction of the domicile of the buyer.
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we provide the customer with the following link which allows access to the European Union’s online dispute resolution platform, the European Union’s online dispute resolution platform.
11.- NULLITY AND INEFFECTIVENESS OF CLAUSES
If any clause included in these Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect that provision or that part of it which is null and void or ineffective, and the Conditions shall remain in force in all other respects.