The website located at https://www.jardindenerja.com, including any of its subdomains or sections is operated by Inversiones Costasur de la Axarquia, S.L (hereinafter JARDINDENERJA) with CIF B92310747 and registered office at Avd. Castilla Perez 10, 29780 Nerja (Malaga). The e-mail address with the company is: firstname.lastname@example.org.
These conditions regulate the access, navigation and use of the Website by its users, as well as the services provided through the Website.
Access to and use of the Website implies that the User has read and fully accepts and agrees to comply fully with these Conditions. JARDÍN DE NERJA can modify these Conditions at any time, so we recommend that you review them regularly. The date at the beginning of these Terms indicates the date of the last revision of these Terms, which will be applicable since their publication.
Some of the Services may be subject to specific conditions or instructions from JARDÍN DE NERJA or the third parties that provide them, which will complete or, if they are contrary to what is established here, replace the content of these Conditions, and which must be accepted by the User before the provision of the corresponding Service begins.
1. PURPOSE OF THE SERVICES
The purpose of these Legal Conditions or General Contracting Conditions is to regulate the availability of the information provided in JARDÍN DE NERJA, as well as the commercial transactions that arise between JARDÍN DE NERJA and the users of the domain www.jardindenerja.com. Both the navigation through the online shop, and the acquisition of any of the products offered in it, imply the acceptance as a user, without reservations of any kind, of each and every one of these general conditions of contracting and use. JARDÍN DE NERJA may, at any time and without prior notice, modify these general conditions of contract and use, as well as the particular conditions that, where applicable, are included, by publishing these modifications in the shop so that they can be known by users, and the date of these modifications will be recorded.
Validation of the order by the customer expressly implies knowledge and acceptance of these general terms and conditions as part of the conclusion of the contract. Unless proved otherwise, the data registered by JARDÍN DE NERJA constitutes the proof of all the transactions carried out between JARDÍN DE NERJA and its clients. JARDÍN DE NERJA will file the electronic document in which the contract is formalised and this will be accessible by the user.
Every effort is made to offer the information contained on the website in a truthful manner and without typographical errors. If at any time an error of this type were to occur, at any time outside the control of JARDÍN DE NERJA, it would be corrected immediately. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on that error, we will notify him of the error and the customer will have the right to cancel his purchase without any cost on his part. Similarly, it is possible that the contents of the website may sometimes show provisional information about some products. In the event that the information provided does not correspond to the characteristics of the product, the customer will have the right to cancel the purchase without any cost on his part.
3. AUTHORIZED USE
In general, the user is obliged to comply with these general conditions, as well as the special warnings or instructions for use contained in them or on the website, and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and abstaining from using the website in any way that could impede, damage or deteriorate the normal functioning of the same, the goods or rights of JARDÍN DE NERJA, its suppliers, the rest of the users or in general any third party. JARDÍN DE NERJA is not responsible for the truthfulness and accuracy of the data filled in by the user.
Specifically, and without implying any restriction to the previous section during the use of the JARDÍN DE NERJA website, the user is obliged to
To provide truthful information on the data requested in the user registration or order form, and to keep them updated.
2.- Not to introduce, store or spread in or from the web, any information or material that would be defamatory, injurious, obscene, threatening, xenophobic, inciting to violence or to discrimination for reasons of race, sex, ideology, religion or that in any way attempts against the morality, the public order, the fundamental rights, the public liberties, the honor, the intimacy or the image of third parties and in general the in force regulation.
Not to introduce, store or spread through the shop any program, data, virus, code or any other electronic or physical device that could cause damage to the website, to any of the services, or to any of the equipment, systems or networks of JARDINDENERJA, of any other user, of the suppliers of JARDINDENERJA or in general of any third party.
Diligently keep the “user name” and “password” given to you by JARDÍN DE NERJA , assuming responsibility for any damages that may arise from the improper use of them.
5.- Not to carry out advertising activities or commercial exploitation through the web, and not to use the contents and information of the same to send advertising, or to send messages with any other commercial purpose, nor to collect or store personal data of third parties.
6.- Do not use false identities, nor impersonate others in the use of the web or in the use of any of its services, including the use of passwords or access codes of third parties or in any other way.
7.- Do not destroy, alter, use for their own use, disable or damage the data, information, programs or electronic documents of JARDÍN DE NERJA, its suppliers or third parties.
8.- Not to introduce, store or disseminate through the shop any content that infringes intellectual or industrial property rights or business secrets of third parties, nor in general any content of which it does not have, in accordance with the law, the right to make it available to third parties.
The customer undertakes to make possible the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual hours of delivery of goods. If the client does not comply with this obligation, JARDÍN DE NERJA will not be responsible for the delay or impossibility of delivering the order requested by the client.
JARDÍN DE NERJA may suspend or cancel the User’s account if it considers that they have not complied with these Conditions.
The User acknowledges and accepts that he/she uses the Website and the Services at all times at his/her own risk and responsibility, and therefore JARDÍN DE NERJA is not responsible for any misuse, improper use or use contrary to these Conditions that he/she may make of them.
The User will be responsible for the damages that may be caused to JARDÍN DE NERJA as a result of their use of the Website and the Services in breach of these Conditions and agrees to hold JARDÍN DE NERJA and its administrators, staff, agents and representatives harmless from any responsibility that may be incurred as a result of such a breach by the User.
By way of illustration, but not limitation, JARDÍN DE NERJA is not responsible for any damages that may arise from
Interruptions, viruses, breakdowns, interference, omissions or disconnections in the electronic system, the communications system or in your equipment for reasons other than JARDIN DE NERJA.
Delays or blockages in the use of the Website and the Services due to deficiencies or overloads in the Internet, in the lines or in the electrical or communications systems.
Actions of third parties.
The inability to access the Website or the Services for maintenance or updating purposes.
Any other case outside the control of JARDíN DE NERJA .
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the industrial and intellectual property rights of the website, the services, its graphic design and source code, as well as the different elements included in it (by way of example: texts, images, animations, databases, graphics, logos, brands, distinctive signs, icons, buttons, photographs, videos, sound recordings, etc.) belong or are subject to the intellectual property rights of JARDÍN DE NERJA or third party owners who have duly authorised their inclusion on the website. Under no circumstances shall it be understood that any licence is granted or any waiver, transfer, total or partial assignment 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 authorisation of JARDINDENERJA or the corresponding owners.
6. GENERAL AND CONTACT DETAILS
The use of the Website and the Services is governed by Spanish law.
In the event that any of the provisions contained in these Conditions is declared void, it will be withdrawn or replaced. In any case, such a declaration of invalidity shall not affect the validity of the remaining provisions of these Conditions.
JARDÍN DE NERJA is registered in the Mercantile Registry of Malaga, in volume 2955, folio 107, page number MA-53559, with N.I.F. number B-92310747 and address at Avd. Castilla Perez, 10 1º en Nerja, Malaga, España. You can contact JARDÍN DE NERJA at the following email address: email@example.com.