General Terms
1. Purpose
General Terms of Use of WWW.DELUXEHOMESJAVEA.COM.
These general terms of use (hereinafter, the GTU) govern access to and use of the website under the domain WWW.DELUXEHOMESJAVEA.COM (hereinafter, the Website), owned by DELUXE HOMES JAVEA, S.L. (hereinafter, DELUXE HOMES JÁVEA), and made available to users (hereinafter, the User(s)).
For any questions regarding the use of and access to the Website or these GTU, you may contact us via the contact details published in the Legal Notice.
2. Agreement with these General Terms
Use of the Website implies the User’s full acceptance of the GTU in force at the time the User accesses it. Therefore, if the User does not agree with any of the conditions set out herein, he/she must refrain from using this Website.
The User must carefully read the GTU each time he/she intends to use the Website.
DELUXE HOMES JÁVEA reserves the right to amend the GTU at any time without prior notice. DELUXE HOMES JÁVEA likewise reserves the right to suspend, interrupt or cease operating the Website at any time.
“Use of the Website” shall be understood as any User who accesses and browses the Website, irrespective of whether the registration forms are completed.
3. Conditions of access to and use of the Website and its content
Access to the Website and/or to the content included therein does not imply any warranty as to the suitability of the Website and/or the content for particular or specific purposes of Users.
DELUXE HOMES JÁVEA may establish additional limitations and/or conditions for the use of and/or access to the Website and/or the content, which Users must in all cases observe.
3.1 Access to and use of the Website
Unless otherwise provided, use of the Website shall be free of charge, without prejudice to the cost of the connection through the relevant telecommunications network contracted by the User. The User represents that he/she is over eighteen years of age, and is aware of and voluntarily and expressly accepts that use of the Website is in all cases carried out under his/her sole and exclusive responsibility.
The User undertakes to comply with these GTU, as well as any special warnings or instructions contained on the Website, and to act at all times in accordance with the law, good morals and the requirements of good faith, exercising the utmost diligence having regard to the nature and consideration of the service enjoyed. To this end, the User shall refrain from using the Website in any manner that may prevent, damage or impair its normal operation, the assets or rights of DELUXE HOMES JÁVEA, its suppliers, distributors, other Users or, in general, any third party.
Specifically, and without prejudice to the general obligation assumed by the User, the User undertakes, when using the Website, to:
- (a) Not introduce, store or disseminate on or from the Website any information or material that is defamatory, libellous, obscene, threatening, xenophobic, pornographic, glorifies terrorism, incites violence or discrimination on grounds of race, sex, ideology or religion, or that in any way infringes the law, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, the applicable regulations.
- (b) Not introduce, store or disseminate via the Website any computer program, data, virus, code or any other electronic or physical instrument or device that may cause damage to the Website, to any of the services, or to any equipment, systems or networks of DELUXE HOMES JÁVEA, any User, the suppliers or distributors of DELUXE HOMES JÁVEA or, in general, any third party, capable of causing any alteration or preventing their normal operation.
- (c) Not introduce, store or disseminate via the Website any content that infringes intellectual or industrial property rules or third-party rights, nor, in general, any content which he/she is not legally entitled to make available to third parties.
3.2 Access to and use of the Content
The content of the Website is made available to the User with information from both internal and third-party sources.
DELUXE HOMES JÁVEA endeavours to ensure that the content is of the highest possible quality and reasonably up to date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or currency of the content.
4. Intellectual and industrial property rights
These GTU do not assign any intellectual or industrial property rights over the Website or any of its component elements. The reproduction, transformation, distribution, public communication, making available, extraction, re-use, re-sending or use of any nature, by any means or procedure, of any of them is expressly prohibited, except in cases legally permitted or authorised by the holder of the corresponding rights.
The User may view and obtain a temporary private copy of the content for his/her exclusive personal and private use on his/her computer systems (software and hardware), provided that this is not for the purpose of carrying out commercial or professional activities. The User must refrain from obtaining or attempting to obtain the content by means or procedures other than those which, in each case, have been made available or indicated for this purpose or which are commonly used on the Internet (provided that the latter do not involve a risk of damage to or disablement of the Website). The User must at all times respect all intellectual and industrial property rights over the Website, owned by DELUXE HOMES JÁVEA or third parties.
5. Exclusion of warranties and liability
5.1 Operation of the Website
DELUXE HOMES JÁVEA does not guarantee the availability and continuity of the operation of the Website and of the services or content offered therein, nor that the content on its Website is up to date, and shall not be liable for any damages of any kind that may arise from such circumstances.
DELUXE HOMES JÁVEA shall, provided that there are no circumstances that make it impossible or difficult to do so and as soon as it becomes aware of errors, disconnections and/or lack of updating of the content, carry out all tasks aimed at remedying errors, restoring communication and/or updating the said content.
DELUXE HOMES JÁVEA likewise does not guarantee the technical reliability of its Website or access to its different pages, and shall not be liable for any damages of any kind that may arise for this reason.
DELUXE HOMES JÁVEA is also not responsible for any errors or security deficiencies that may occur due to the User’s use of an outdated or insecure browser, or for damages, errors or inaccuracies that may result from its malfunction.
In order to reduce the risk of viruses being introduced on the Website, DELUXE HOMES JÁVEA uses virus detection programs to check all content uploaded to the Website. Nevertheless, DELUXE HOMES JÁVEA does not guarantee the absence of viruses or other elements on the Website introduced by third parties outside DELUXE HOMES JÁVEA that may cause alterations to Users’ physical or logical systems or to electronic documents and files stored on their systems. Consequently, DELUXE HOMES JÁVEA shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to Users’ physical or logical systems, electronic documents or files.
DELUXE HOMES JÁVEA adopts various protective measures to protect the Website, the data collected and the content against cyberattacks by third parties. However, DELUXE HOMES JÁVEA does not guarantee that unauthorised third parties may not access the type of use or browsing of the Website carried out by the User, or the conditions, characteristics and circumstances under which it is performed. Consequently, DELUXE HOMES JÁVEA shall in no case be liable for damages that may arise from such unauthorised access.
DELUXE HOMES JÁVEA shall in no case be liable for the use that Users and/or third parties may make of the Website or the content, nor for any damages that may result therefrom.
5.2 Content
DELUXE HOMES JÁVEA does not edit third-party content published on the Website and, consequently, does not guarantee and is not responsible for the lawfulness, reliability, usefulness, truthfulness, accuracy, completeness and currency of such content, nor of the content owned by DELUXE HOMES JÁVEA. DELUXE HOMES JÁVEA shall in no case be liable for any damages that may derive from: (i) the lack of lawfulness, truthfulness, accuracy, completeness and/or currency of content originating from third parties and its own; (ii) unsuitability for any purpose and the frustration of expectations generated by the content; (iii) decisions or actions taken or avoided by the User in reliance on the information or data provided in the content, including, without limitation, loss of profits or business opportunities.
6. Hyperlinks
Those intending to establish hyperlinks between their website and the Website must observe and comply with the following conditions:
- Prior authorisation shall not be necessary when the hyperlink merely allows access to the homepage of the Website, but it may not reproduce it in any way. Any other form of hyperlink shall require the prior, express and unequivocal written authorisation of DELUXE HOMES JÁVEA.
- The web page on which the hyperlink is established may only contain that which is strictly necessary to identify the destination of the hyperlink.
- The web page on which the hyperlink is established may not contain unlawful information or content, contrary to morality and generally accepted good customs and public order, nor content contrary to any rights of third parties.
- DELUXE HOMES JÁVEA reserves the right to block hyperlinks to the Website that do not have prior express authorisation, even if they comply with this section of the GTU.
7. Actions in the event of non-compliance
DELUXE HOMES JÁVEA reserves the right to bring any actions available at law to seek liabilities arising from a User’s breach of any of the provisions of these GTU of the Website.
8. Partial nullity
The declaration of any of the clauses contained in these GTU as null, void or ineffective shall not affect the validity or effectiveness of the remaining clauses, which shall remain binding between the parties.
9. Applicable law and jurisdiction
These GTU shall be governed by Spanish law.
Any dispute relating to the conditions of use and access to this Website contained in these GTU shall be submitted, with the express waiver of any other jurisdiction that may correspond to them, unless otherwise determined by mandatory law, to the Courts and Tribunals of Denia.
10. Notices
For the purpose of making the appropriate notices, DELUXE HOMES JÁVEA designates as contact address that specified in the Legal Notice.
The email address provided by the User during the Website registration process shall be used by DELUXE HOMES JÁVEA for notices to the User. The User is obliged to keep the data referred to in this clause for notice purposes duly up to date.
All notices made by DELUXE HOMES JÁVEA to the User shall be deemed validly made if carried out using the data and by the means indicated above. DELUXE HOMES JÁVEA shall not be liable for any harm that may result from the User’s failure to keep his/her contact details up to date.