1. GENERAL INFORMATION

This is the general information data of the owner of this website:

  • Corporate name: Comenza, S.L.U. (Hereinafter, COMENZA)
  • Fiscal ID Code: B-83900670.
  • Address: Avenida Benigno Rivera nº 100, Polígono Industrial de O Ceao. 27003 – Lugo (Spain).
  • Contact telephone: +34 982 207 227.
  • Fax: +34 982 209 589.
  • Email address: dataprotection@comenza.com
  • Company registry data: Company inscribed in the Mercantile Registry of Madrid, Tome 19.688, Book 0, Folio 98, Section 8, Sheet M-346354, Inscription 1, of the 18th of February 2004.

Similarly, COMENZA’s internet domain is comenza.com.

2. ACCEPTANCE OF THE LEGAL WARNING AND USAGE CONDITIONS

By means of this Legal Warning and these Usage Conditions, COMENZA informs the users of its website about its usage conditions.

The use of this website confers the condition of user to any natural or legal person, of legal age, who may be interested in COMENZA’s products and services and it implies the full acceptance without reservations of each and every one of the provisions included in this Legal Warning in the version published by COMENZA at the time at which the user accesses this website.

COMENZA reserves itself the right to amend the Legal Warning and Usage Conditions to adapt them to new legislation or precedent cases as may become applicable.

3. USAGE CONDITIONS

These conditions govern the use of this website in which the public is facilitated information relating to the activities, products and services offered by COMENZA. Please, carefully read the information we give you.

As mentioned in the previous section, by accessing this website and using the materials that it contains, this implies that you have read and accepted these conditions, without any manner of reservations.

This website contains materials such as news or novelties related to the owner company, products and services and sundry documentation relating to its business object with the purpose of putting these at the disposal of customers and potential customers. COMENZA informs you that these materials and/or contents may be amended, extended or updated at any time without prior notice.

Access to this website by users is voluntary and free-of-charge. However, these conditions do not preclude the possibility that due to their special characteristics, certain services of the website in addition to these general conditions may have their own particular usage conditions; such as may be the particular purchasing conditions for previously registered users who may access the private area and use the ecommerce tools enabled by COMENZA on this website, in which case they shall clearly be put at their disposal.

If for the use and/or contracting of a product on the website, the user were required to register, the user shall be responsible for providing truthful and lawful information. If pursuant to this registration the user were given an identifier and a password, the user commits to make diligent use of these and keep them secret in order to access these services on a normal basis. Consequently, the users are responsible for the adequate custody and confidentiality of any manner of identifiers and/or passwords given to them by COMENZA and they commit to not passing their use on to third parties, either temporarily or on a permanent basis, or allow access to others. The user shall be liable for the use of the services by any illegitimate third party who uses for said purpose an identifier and/or password caused by a non-diligent use or their loss by the user.

By virtue of the above it is the user’s obligation to immediately notify COMENZA (dataprotection@comenza.com) of any occurrence that may allow the undue use of the identifiers and/or passwords, such as the theft, loss or unauthorised access to these, in order to proceed to their immediate voiding. Insofar as such occurrences are not notified, COMENZA shall be exempted from any liability that may arise from the misuse of the identifiers or passwords by unauthorised third parties.

It is forbidden for minors to contract products and/or services through the website.

The user is committed to use this website and all its contents and services in accordance with the provisions of the law, morality and public order and in accordance with these general and particular usage conditions as may be applicable. Similarly, they undertake to make adequate use of the services and contents of the website and to not use them for unlawful activities or that may be contrary to morality and public order that violate the rights of third parties or that infringe on intellectual and industrial property rights or on any other applicable regulations.

The user undertakes to not transmit, introduce, disseminate or make available to third parties any kind of material and information that are contrary to law, morality, public order and to these general and particular conditions as may be applicable. For information purposes and with a non-exclusionary nature, the user undertakes to:

  • To not enter or disseminate content or propaganda of a racist, pornographic, advocacy of terrorism or any other nature that violates the rights and freedoms of people and that set out in the current legislation.
  • To not enter or disseminate data programs onto the network (viruses, malware, etc.), susceptible to cause damage to the computer systems of the supplier, its suppliers, customers or third party users of the Internet network.
  • To not disseminate, transmit or make available to third parties any topic, information, element or content that may constitute unlawful advertising.
  • To not enter or disseminate false or inaccurate information and contents that may induce error to the recipients of these.
  • To not supplant other users by using identifiers, passwords or any other kind of access means that are of a personal and non-transferable nature.
  • To not disseminate, transmit or make available to third parties any topic, information, element or content that may involve a violation in the communications business sector and of the protection of data of a personal nature legislation.

COMENZA reserves itself the right to deny or withdraw access to this website and/or services at any time and without prior notice to such users who breach these general or particular usage conditions of this website.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

© 2015 Comenza, S.L.U. All rights reserved. The entirety of the content of this website, understanding as content for merely informational purposes texts, images, files, photographs, logos, graphics, trademarks, icons, combinations of colours or any other elements, their structure and design, the selection and way of presentation of the materials included in it and the software, links and other audiovisual and sound contents, as well as their graphic design and source codes required for its operation, access and usage, are protected by the industrial and intellectual property rights, owned by COMENZA or by third parties, which cannot be construed to have had the operation rights over these transferred  beyond that strictly required for the proper use of the website.

In particular, it is forbidden to copy, distribute, publicly broadcast, put at the disposal of the public and in general any other form of exploitation, regardless of the procedure used, of all or a part of the contents of this website, as well as of its design and the selection and way of presentation of the material included in it. These acts of exploitation may only be performed following the prior express authorisation of COMENZA and as long as reference is made to the ownership by this company of the abovementioned intellectual and industrial property rights.

Similarly it is forbidden to decompile, disassemble, reverse engineer, sublicense or transmit by any means, translate or make works derived from the computer programs required for the operation, access and use of this website and of the services contained in it, as well as to make, with respect to all or a part of such programs, any of the exploitation acts described in the previous paragraph. The user of the website must abstain under all circumstances from suppressing, altering, avoiding or manipulating any protection device or security systems as may be installed on it.

Any act is forbidden by virtue of which the user of the service can directly or indirectly commercially exploit or use, in its entirety or partially or benefit directly or indirectly, with or without profit, any of the contents, images, shapes, indices and other formal expressions that comprise a part of this website or of the effort undertaken by COMENZA for their operation, without COMENZA’s prior written authorisation. Specifically, all links, hyperlinks or links of a similar or analogous nature and object which can be set to the website’s address, are forbidden.

The trademarks, brand names or distinctive signs are owned by COMENZA or by third parties, precluding that it can be construed that access to the website confers any right to said trademarks, brand names and/or distinctive signs.

Any transgression of that provided for in this section shall be considered as damaging to the legitimate intellectual and/or industrial property rights of COMENZA over the website and all its contents.

In the event that you are interested in an authorisation or license to use the contents of this website in any way, please refer to the contact section.

5. LINKS

On this website, the user will find links to other webpages by using different buttons, links, banners, etc. managed by third parties, over which COMENZA exercises no manner of control. COMENZA shall not be held liable for the contents or the status of said websites and/or webpages and accessing them through this website does not imply that COMENZA recommends or approves of their contents.

If any third party, entity or website were to wish to establish any manner of link to the website owned by COMENZA, they must adhere to the following conditions and requirements:

  • The link may go to the main page of this website.
  • The link must be absolute and complete, in other words, by means of a click it must take the user to COMENZA’s URL address (https://www.comenza.com) and it must encompass the entire extent of the website screen. In no event, unless COMENZA expressly authorises it in writing, may the website making the link, copy in any way, this website, include it as part of its website or within one of its frames or create a browser over any of the pages of the website. On the page that establishes the link it may not be stated in any way that COMENZA has authorised such link, unless COMENZA has done so expressly and in writing. If the entity that makes the link from its page to the website desires to include in its webpage the trademark, name, brand name, banner, logo, slogan or any other kind of identifying element of COMENZA and/or of its website, it must previously have obtained its prior, written authorisation.
  • COMENZA does not authorise the establishing of a link to its website from such pages, that in a manifest way, promote hatred, contempt or any form of discrimination on the grounds of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance and in general, which contravene morality, public order or the generally accepted social standards.

6. EXCLUSION OF LIABILITY

Whoever uses this website does so on their own account and at their own risk. COMENZA, its partners, collaborators, employees and representatives are not liable for any errors or omissions that may be in the contents of this website or other contents that may be accessed through it. Neither shall COMENZA, its partners, collaborators, employees and representatives be held liable for any damage derived from the use of this website or for any action taken based on information facilitated in it.

The information on this website is provided without a guarantee of any kind, either implicit or explicit and may be updated or changed without prior notice.

COMENZA does not guarantee the absence of viruses, worms or other harmful computer elements that may cause damage or alterations in the computer system, in the electronic documents or user files of this website. Consequently, COMENZA shall not be liable for the damages and losses that such elements may cause to the user or third parties. Similarly, it shall not be liable or guarantee the availability and continuity of access to this website or that it is free of errors, the user of the website, in any event, having the obligation to have adequate tools available for the detection and cleaning out of harmful or injurious computer programs.

The user shall be liable for the damages and losses of any nature that COMENZA may suffer consequent to the breach of any of the obligations to which it is subjected by these conditions. The user is aware and voluntarily accepts that the use of any content of this website occurs, in any event, under its sole and exclusive liability.

COMENZA shall not be held liable for the failures that may occur in the communications, including the deletion, incomplete transmission or delays in remittance, nor does it commit to the transmission network being operational at all times. Neither shall COMENZA be liable in the event that a third party, breaking the established security measures, were to access the messages or use them for sending computer viruses.

COMENZA does not guarantee the legality of the contents of any third party accessed through the portal, nor the truthfulness, accuracy, reliability and usefulness of the contents available to it.

COMENZA does not control the use that the users make of its website or guarantee to do so in a manner in accordance with these terms of use. Neither does it guarantee the products and services available on the linked sites or assume any liability whatsoever for such products or services.

7. QUALITY OF THE SERVICE

Notwithstanding that set out in the previous paragraph, COMENZA uses all the resources available to it to keep this website updated and so that the users can access it at any time and under the best conditions.

For reasons of maintenance or repair to its systems, COMENZA may temporarily suspend the contents of this website and make any changes it deems necessary.

The information that appears on this website is that which was current on the date of its last update. COMENZA reserves itself the right to update, modify or eliminate the information on this website. Similarly, COMENZA makes the utmost efforts to avoid any error that may appear.

In any event, the configuration and capacity of the user’s equipment must be sufficient to allow the proper use of the services offered on this website, the user being responsible for their proper installation.

8. NOTIFICATION OF ACTIVITIES OF AN UNLAWFUL OR INADEQUATE NATURE

In the event that any user of the website were to become aware that the hyperlinks refer to pages whose content or services are unlawful, harmful, degrading, violent or contrary to morals or the current legislation it may contact COMENZA indicating the following:

  • Personal information of the notifying party: first and last name, address, telephone number and email address.
  • Description of the facts that could reveal the link’s possible unlawful or inappropriate nature.
  • In the event of the violation of rights, such as those of intellectual or industrial property, the personal information of the owner of the infringed rights when it is other than the notifying party. Similarly, it must provide the title that certifies legitimate owner of the rights and, if applicable, the authority to act on behalf of the owner when someone other than the notifying party. The receipt by COMENZA of the notification provided for in this clause shall not imply, according to that envisaged in LSSI-CE, the effective knowledge of the activities and/or contents indicated by the notifying party.

9. NOTIFICATIONS

All the notifications and communications made by the user to COMENZA shall be deemed effective, for all purposes, when they are conveyed in any of the following manners:

Comenza S.L.U.

Avenida Benigno Rivera nº 100 – Polígono Industrial O Ceao. 27003 – Lugo (Spain).

– By email to: dataprotection@comenza.com

Notwithstanding the above, you have at your disposal the telephone number +(34) 982 207 227 where you can leave your suggestions, complaints and claims.

10. PROTECTION OF DATA OF A PERSONAL NATURE

By virtue of article 13 of the General Data Protection Regulation (GDPR), COMENZA puts at your disposal, in an independent document, its Privacy Policy with respect to the user of this website, which may be consulted from anywhere and at any time.

 

In any event, you may consult COMENZA’s Privacy Policy by clicking here.

11. COOKIES POLICY

You may consult the document that encompasses COMENZA’s Cookies Usage Policy by clicking here.

12.  SALES/PURCHASE TERMS

In the case of users registered to access the area restricted to customers of this website, these have at their disposal the general SHOP sales/purchase conditions, where all the rights and obligations of the parties are listed, as well as of the sales/purchase process, the guarantees and the returns and/or claims practices.

13. APPLICABLE LEGISLATION AND JURISDICTION

These usage conditions are governed in all and every one of their aspects by Spanish legislation. In matters not provided for in these general conditions, as well as the interpretation and resolution of conflicts that may arise, the current applicable Spanish legislation shall be applicable, of the general and/or business sector’s scope, depending on the specific case.

In the event of a controversy or litigation arising with respect to the interpretation and compliance of the provisions contained in this document, the user expressly waives the right it may have to another jurisdiction, it being agreed that the parties shall submit themselves to the Courts and Tribunals of Lugo, Spain.

Similarly, COMENZA reserves itself the right to file a lawsuit or take any legal action of a similar or analogous nature against the user before the Courts and Tribunals corresponding to the domicile of the latter.

In the event that one or more of the provisions contained in this document were to prove to be wholly or partially void, this shall not affect the validity of the remaining ones.