Our website fincasobreacuiferoenventa.com (“Site” or “Website”) belongs to the Spanish company PROMOTORA FIOREMAR, S.L. , incorporated by the Notary of Catalonia Mr Ariel Sultan Benguigui on 15 January 2010, for an indefinite term, as recorded in his records under number 2020/273, holder of NIF B-67574657 and Spanish business classification code (CNAE) 0129, with registered office in Barcelona at C/ Enrique Granados, 111, as registered in the Companies Registry of Barcelona on 30 January 2020 in Volume 47222, on Folio 194, Sheet Number 545211, 1st entry.
Personal data protection
The personal data collected from the Website shall be used for the sole purposes of providing the services requested and invoicing them. Your data shall be processed by PROMOTORA FIOREMAR and kept on record for the period of time required by law. You may exercise your rights of data access, rectification, erasure and objection, amongst others, by writing to PROMOTORA FIOREMAR at the following address: Calle Enrique Granados, 111 – (08008) – Barcelona, Spain.
PROMOTORA FIOREMAR’s data protection policy complies with the data protection laws in force at any given time.
Intellectual property and content liability
Except where otherwise specified, all copyright, logos, registered trademarks and other intellectual property rights over the Website and its content (including, amongst others, the different screen displays and sections, contents and other materials on the Website) included on this Website and all related software and source codes belong to PROMOTORA FIOREMAR or third parties that have granted the required usage licences to PROMOTORA FIOREMAR. Any use of the Website content, specifically regarding texts, designs or source codes, without the express authorisation of their owners is prohibited. Any unauthorised use shall be duly pursued by the legitimate owners.
The owner of this Website may not be held responsible for content that leads to links established on it, pursuant to section 17 of Act 34/2002 on Information Society Services and Electronic Commerce, so long as:
Furthermore, the Website owner does not guarantee continual access nor the correct display, downloading or use of features and information contained on the Website that may be impeded, hindered or interrupted due to factors or circumstances beyond its control.
All content on the www.labenedizione.com Website (“Website”) is owned exclusively by PROMOTORA FIOREMAR, its associate and group companies or its legitimate owners. Contents include but are not limited to texts, sound, photographs, graphics, images, visual and sound videos, graphic designs and any other elements of intellectual or industrial property that are part of the Site. Similarly, the trademarks, trade names and distinctive signs are owned exclusively by PROMOTORA FIOREMAR or their legitimate owners. The User shall respect all intellectual and industrial property rights held by PROMOTORA FIOREMAR and, if applicable, third parties. The transfer of PROMOTORA FIOREMAR’s rights over the Site is expressly prohibited. In particular, copying, reproducing, processing, distributing, passing on, disclosing, publishing or using any part of the Site or any contents on it, by any means, including if the source is quoted, is expressly prohibited.
The purpose of this Disclaimer is to establish the legal conditions that regulate the access to and use of the Site by any User. Thus, the access to and use of the Site expressly implies that the following terms and conditions must be accepted and abided by:1. The User states that he/she has the legal capacity to use the Site and is not prohibited or legally disqualified from using it, pursuant to the laws in his/her country of residence or country from which the Site is accessed.
The items "User account", "Customer account" and other equivalent items or expressions used on the Website may refer – depending on the type of text and the environment on which such items are on it – to both private accounts and company accounts created on the Website.4. The User may not access, neutralize, modify, delete, deteriorate, circumvent, disrupt, disable, manipulate or in any way violate the following Site functionalities:
ii. The functionalities that prevent or restrict the use or copying of the digital products offered on the Site;
iii. The functionalities that impose restrictions on the use of the digital products offered on the Site.5. Nothing stipulated in the Disclaimer shall affect the User’s legal rights as a consumer, which may not be contractually modified or waived.
Should PROMOTORA FIOREMAR have to interrupt the selection of products it offers on the Site, as stipulated in point 12.a. of the Disclaimer, the User shall not have the right to compensation or reimbursement from PROMOTORA FIOREMAR or any other person or legal entity as a form of restitution related to any indirect, direct or consequential loss or damage as a result of said interruption(s). Specifically, the User shall not be entitled to demand compensation or refund from PROMOTORA FIOREMAR or any other person or legal entity in relation to the eventual impossibility of benefiting from the products (which would have eventually been purchased from PROMOTORA FIOREMAR by the User on the Site and whose valid period of use is in force during the possible interruption(s) as a result of said interruption(s).13. The User acknowledges and agrees to be held solely responsible (without PROMOTORA FIOREMAR assuming any liability to the User or any other person or legal entity) for any breach or violation of its obligations under the Disclaimer and the consequences thereof (including any direct, indirect or consequential loss or damage that PROMOTORA FIOREMAR or any other person or legal entity could incur) that could result from such breach or violation. PROMOTORA FIOREMAR and its affiliates, managers, representatives and employees shall be held exempt from all claims, demands or legal actions that may result from use of the Site or the products offered by PROMOTORA FIOREMAR via the Site or by the violation or breach of the Disclaimer by the User, including any liability or expense arising from claims; direct, indirect or consequential losses or damages; demands, lawsuits and court costs, as well as legal fees.
The User that accesses this Site is required to use it correctly, without altering, distorting, impairing or detracting the information accessed or advertising in any way. The User also agrees not to use the information, advertising, activities, products or services offered by PROMOTORA FIOREMAR to carry out activities contrary to law, decency or public order. The User likewise agrees to make use of the above content and the entire site in general in accordance with this Disclaimer.
The User shall be held liable for losses and damages of any nature that PROMOTORA FIOREMAR or any other person or legal entity may incur as a result of the User’s breach of any of the obligations to which he/she is bound by this Disclaimer. The User’s violation of the Disclaimer shall entail the appropriate legal procedures being lodged.14. The Site is offered “as is” and PROMOTORA FIOREMAR makes no warranties (including any type of implied warranty of satisfactory quality or suitability for a specific purpose or description) beyond those warranties explicitly made by PROMOTORA FIOREMAR in the Disclaimer, nor shall it make any representations against the User or any other person or legal entity regarding said Site. Specifically, PROMOTORA FIOREMAR makes no representations or warranties to the User or any other person or legal entity regarding the following:
PROMOTORA FIOREMAR may not be held liable for the impaired operation of the service due to technical problems arising from factors beyond its control; nor for the User’s misuse or non-compliance with the service standards or any other causes of a technical nature that prevent the proper provision of the services offered on the Site. Consequently, PROMOTORA FIOREMAR does not guarantee the system’s permanent operation, as it cannot ensure the reliability, availability, and continuity of the Site.
The User waives the right to any compensation or indemnity from PROMOTORA FIOREMAR, or any other person or legal entity, as a result of damages caused by information, advertisements, statements or opinions expressed in any form or on any part of this Site.
The User acknowledges and accepts that the information contained on the Site does not constitute professional advice nor is it a substitute for advice from doctors, psychologists or other professionals.
The information, products and services contained on this Site are for information and advertising purposes only. In the event that the User wishes to contact PROMOTORA FIOREMAR or receive more information about our products and services, he/she may use the address and contact information included on the Site.15. Nothing contained in the Disclaimer shall exclude or limit the liability of PROMOTORA FIOREMAR for direct, indirect or consequential losses or damages that may not be legally excluded or limited according to applicable law.
As soon as PROMOTORA FIOREMAR has drafted an updated version of the Disclaimer it shall:
Upload the updated version of the Disclaimer to the Site, clearly notifying Users of the Site about the Disclaimer update.
b. Send all Users notification of the changes to the Disclaimer via email and invite said Users to review the new version of the Disclaimer on the Site.
In turn, the User agrees to regularly review the Disclaimer on the Site in order to check if it has been modified.
If the User, once informed of PROMOTORA FIOREMAR’s modification to the Disclaimer by email, does not agree with one or more sections of the new Disclaimer, a period of fifteen (15) consecutive calendar days, to be counted from the day the email was sent by PROMOTORA FIOREMAR, is available in which to reject the new Disclaimer. It is understood that the User has accepted the new Disclaimer if no action by the User has been taken within this fifteen (15) day period.
Should a User who has an account on the Site (and has not purchased a product from the Site) decide to reject the new Disclaimer established by PROMOTORA FIOREMAR, the User must immediately delete his/her account from the Site and waive all right to compensation or refund from PROMOTORA FIOREMAR or any other person or legal entity.
In the event that a User who has an account on the Site and is within the contractual period of one or more of the products offered by PROMOTORA FIOREMAR on the Site decides to reject the new Disclaimer, the use of the Site, the User’s account on the Site and the product(s) offered by PROMOTORA FIOREMAR on the Site shall be governed by the latest version of the Disclaimer accepted by the User. Any User who has decided to reject the updated Disclaimer must immediately delete his/her account from the Site and shall waive all rights to compensation or refund from PROMOTORA FIOREMAR or any other individuals or legal entities and shall likewise not be entitled to use this Site further.
PROMOTORA FIOREMAR also reserves the right to totally, partially, temporarily or permanently modify, change or update the Site’s content and design at any time. Similarly, PROMOTORA FIOREMAR reserves the right to modify or alter the services’ features at any time.
19. This Disclaimer constitutes the entire legal agreement between the User and PROMOTORA FIOREMAR. This legal agreement governs the use of the Website by the User, as well as the use the User may make of his/her account set up on the Website and the use the User may make of the product(s) that he/she may acquire from PROMOTORA FIOREMAR on the Website.
This Disclaimer replaces all other prior agreements between the User and PROMOTORA FIOREMAR in relation to the use of the Website and – should the User set up an account on the Website – the use of his/her account on the Website, as well as in relation to the product(s) that he/she may acquire from PROMOTORA FIOREMAR on the Website.
20. The User accepts that PROMOTORA FIOREMAR may send or give notification, including notifications relating to changes that could eventually be made to the Disclaimer, via email, post or postings on the Site.
21. All notifications that may refer to the exercise of the rights of access, objection, rectification, erasure and other rights related to the processing of the User's personal data must be sent in writing to PROMOTORA FIOREMAR at Enrique Granados, 111 – (08008) – Barcelona, Spain or in an email to: email@example.com
The User hereby accepts that should PROMOTORA FIOREMAR fail to exercise any of the rights or legal provisions set forth in the Disclaimer (or those that may fall to PROMOTORA FIOREMAR under applicable law) shall not constitute a formal waiver of such rights, which shall be fully enforceable by PROMOTORA FIOREMAR.
23. Should a court with competent jurisdiction rule that any of the terms and conditions in the Disclaimer were invalid, these terms and conditions shall be deleted from the Disclaimer, but the remaining terms and conditions shall not be affected and shall remain fully enforceable in all respects.
24. The User acknowledges and accepts that all members of the group of companies to which PROMOTORA FIOREMAR belongs or could eventually belong shall be third-party beneficiaries of the Disclaimer and that said companies shall have the right to directly demand compliance with any of the provisions in the Disclaimer that provides a benefit for (or any rights in favour of) said companies. No other natural person or legal entity other than these companies shall be third-party beneficiaries of this Disclaimer.
25. PROMOTORA FIOREMAR may fully, partially, temporarily or permanently suspend, block or cancel the account of a registered User of the Site at any time if:
i. The User breaches any of the terms and conditions in the Disclaimer (or if the User acts in a manner that clearly and obviously indicates that he/she does not have the intention or ability to comply with the Disclaimer).
ii. PROMOTORA FIOREMAR is required to do so by law or as required by a judicial authority or any other competent body.
PROMOTORA FIOREMAR may also fully, partially, temporarily or permanently suspend, block or cancel the account of a registered User of the Site at any time in the event that PROMOTORA FIOREMAR decides to temporarily or permanently stop operating the Site for any reason.
26. In the event of the eventual cancellation of a registered User’s account, all legal rights and obligations that may fall to both the User and PROMOTORA FIOREMAR shall remain unaffected by this termination, and the provisions included under point 23 of the Disclaimer shall continue to apply indefinitely to such rights and obligations.
27. The User agrees that the failure to observe any of the conditions listed in the Disclaimer shall constitute a breach of it.
28. The Disclaimer and the relationship between the User and PROMOTORA FIOREMAR shall be governed by Spanish law, pursuant to the provisions herein. Any disagreement, dispute or litigation arising from the Disclaimer or related to the Website shall be subject to the exclusive jurisdiction and competence of the Courts of Barcelona, Spain, with express waiver of any other jurisdiction to which the User may have recourse.