I.- GENERAL CONDITIONS GOVERNING ACCESS TO AND USE OF THE WEBSITE
This legal notice sets out the general terms and conditions governing access to and use of the website that Meliflor® provides free of charge to Internet users through the domain meliflor.com.
Meliflor® is a registered trademark, property of the commercial company Suministros de Jardinería y Viveros S.L. holder of tax ID (NIF) B14757017 and whose business address is C/Los Tejaros 5, 14540, La Rambla, Córdoba, registered in the Mercantile Registry of Córdoba on Sheet CO-24159, Volume 1911, Page 59, Entry 1.
Access to and use of the website implies full acceptance of these general terms and conditions in the version published at the time the user accesses it, notwithstanding the specific terms and conditions that may apply to certain and specific services of the website.
Use of the Platform gives one the status of a Platform user (hereinafter, the “User”) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Platform service is limited to the time at which the User is connected to the Platform or to any of the services provided through it. Thus the User must read this Legal Notice carefully each time they use this website, since it may undergo modifications.
If you carry out the purchase of products through the Platform, you will acquire the status of Customer, so you should carefully read the CONDITIONS OF PURCHASE OF THE WEBSITE.
II.- INTELLECTUAL AND INDUSTRIAL PROPERTY. HYPERLINKS
The intellectual property of the elements included in this website, including its source code, design, navigation structure, databases, and other resources displayed, corresponds to Suministros de Jardinería y Viveros S.L., either by owning their exploitation rights (reproduction, distribution, public disclosure and transformation) or by having the required exploitation licenses for their use.
The viewing, printing and partial download of the website’s content is solely and exclusively authorized under the following conditions:
- Compatibility with the website’s purposes.
- Sole intention to obtain the information for personal and private use. Its use for commercial, expert, legal or unlawful purposes is expressly prohibited.
- Respect for the rights of the creator and the integrity of the website’s content, expressly prohibiting any modification thereof.
Some of the images on the website may come from third-party websites or image banks. All of them are used in good faith and are published under licenses that allow their commercial use free of charge or because the rights of transfer and use have been paid. In these cases, the author and source are duly cited, and are subject to the license specified at the place of origin.
The owner of the Meliflor® brand also owns the industrial property rights relating to its products and services. References to third-party products and services on the website do not imply the rights to or responsibility for them, or any endorsement, sponsorship, or recommendation by the brand, unless expressly stated.
Any unauthorized use of the information contained on the website, its resale, as well as any infringement of the intellectual or industrial property rights of Meliflor® or third parties will give rise to the legally established liabilities.
No links may be established to the Portal from any other website without the prior and express consent of Meliflor®.
For the purposes of improving the services provided by the website, Suministros de Jardinería y Viveros S.L. reserves the right, at any point and without prior notice, to modify or update information contained on the website, the configuration or design of such website or this legal notice, in addition to any other particular terms and conditions.
IV.- EXEMPTION FROM LIABILITY
Suministros de Jardinería y Viveros S.L. does not guarantee the non-existence of interruptions or errors when accessing the website or its content, although it undertakes to carry out with the utmost diligence, except in cases of force majeure, any tasks aimed at rectifying errors, installing updates and re-establishing communication.
Suministros de Jardinería y Viveros S.L. does not assume any liability whatsoever for the content, information or services from the website. Neither can it guarantee the absence of viruses or other elements that could lead to alterations to the user’s computer systems (hardware or software), documents or files, excluding liability for damages of any kind to the user due to this reason. The User is advised that communications over open networks are not secure. The User is responsible for adopting all appropriate technical measures to reasonably control these risks and to prevent damage, loss of data and theft of confidential information from their equipment. To this end, the User must have up-to-date systems for detecting malicious software, such as viruses, Trojans, etc., as well as updated security patches for the browsers used. For more information, please contact your Internet Service Provider.
The Internet connection required to access the service is never provided by the Company owning the portal and is the responsibility of the User.
Likewise, the information society services offered on the Portal and not subject to a prior contract are offered to the user without any compensation and only entail the user's obligation to comply with the rules of use established in this Legal Notice. Therefore, Suministros de Jardinería y Viveros S.L. has no obligation, with respect to these services, to comply with certain Portal availability levels or to adopt specific security measures. In addition, Suministros de Jardinería y Viveros S.L. may suspend, withdraw or cancel, in whole or in part, the services not subject to contracting at any time and without the need for prior notice. The foregoing provision shall not affect any services that are limited to registered users or which are subject to prior contracts and which shall be governed by their specific conditions.
Suministros de Jardinería y Viveros S.L. shall not be liable for third parties’ use of the information published on the website, nor for any damages suffered or economic losses incurred that, directly or indirectly, produce or may produce economic, material or data damages, caused by the use of the aforementioned information.
In the event that the User or a Customer becomes aware that any of the published content on the platform is unlawful, harmful, denigrating, violent or contrary to morality, or that the Linked Sites refer to pages whose content may be so classified, he/she may contact us, using the following form, indicating the following points:
- Personal data of the communicator: name, address, telephone number and email address.
- Description of the facts revealing the unlawful or inappropriate nature, as well as the URL or any other data allowing the exact location of the unlawful or inappropriate content.
- In the event of infringement of rights, such as intellectual and industrial property rights, the personal data of the holder of the infringed right when this is a person other than the communicator. He/she must also provide proof of the right holder's entitlement and, where applicable, of representation to act on behalf of the right holder when he/she is a person other than the communicating party.
- Correctly fill in the form with the affidavits contained therein.
V.- USERS’ PARTICIPATION. OBLIGATIONS
Some sections of the website allow users to communicate by sending texts through the form provided for this purpose. The use of this communication option implies the knowledge and prior acceptance of the following conditions:
- Abidance with the legislation currently in force, generally accepted morality and decency, public order and the present general conditions for access and use.
- Submission of only lawful and truthful statements, in accordance with the aims and objectives pursued by the communication form.
Users also hereby acknowledge:
- That Suministros de Jardinería y Viveros S.L. is not obliged to respond to queries or opinions submitted through these channels, it not being a valid means of notification, transfer of information or contracting and commissioning of professional services.
- That Suministros de Jardinería y Viveros S.L. does not guarantee, in any instance, the receipt of the contents sent by users, given that they are previously screened by an anti-spam filter and, in the event they are received, it will be according to the availabilities of the administrative service.
VI.- SECURITY MEASURES
Suministros de Jardinería y Viveros S.L. has adopted the legally required levels of security for the protection of Personal Data and ensures the installation of all additional technical means and measures at their disposal to prevent the loss, misuse, alteration, unauthorized access and theft of personal data provided to Suministros de Jardinería y Viveros S.L. Suministros de Jardinería y Viveros S.L. shall not be liable for possible damages that may result from interference, omissions, interruptions, computer viruses, telephone failures or disconnections in the operation of this electronic system, caused by reasons beyond the control of Suministros de Jardinería y Viveros S.L.; delays or blockages in the operation of this electronic system, caused by reasons beyond the control of Suministros de Jardinería y Viveros S.L.; delays or blockages in the use of this electronic system caused by deficiencies or overloads of telephone lines or overloads in the Data Processing Centre, the Internet system or other electronic systems, as well as damage that may be caused by third parties through illegal interference beyond the control of Suministros de Jardinería y Viveros S.L..
Nevertheless, the User must be aware that Internet security measures are not invulnerable.
VII.- GOVERNING LAW AND JURISDICTION
These general terms and conditions are governed by Spanish law.
Access to and use of the website meliflor.com is conditional upon the express and prior waiver of any jurisdiction that may correspond to the users in the exercise of their rights in relation to the use and content of the web portal, expressly submitting themselves to the courts and tribunals of Santander (Spain) for any discrepancy that may arise from its use.
If you have the status of consumer, the address shall be the one established by the procedural rules, and moreover, we hereby inform you that according to Article 14.1 of Regulation 524/2013 on online dispute resolution in consumer matters, we inform you of the existence of an online dispute resolution platform provided by the European Commission, as well as the possibility of submitting your complaint through the platform by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.