Legal notice

1. Legal information and acceptance

In compliance with Article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company is identified as follows:

These provisions regulate the use of the Internet website service (hereinafter, the ‘Website’) provided by AGRO JARDÍN ESTEPONA, S.L. (tax code: B-29443298), AGROJARDIN GUADALMANSA, S.L. (tax code: B-29436698), AGROJARDIN OBRAS Y PROYECTOS, S.L. (tax code: B-29476936), BAES, S.L. (tax code: B-92595677), ESTERSUR, S.L. (tax code: B-92503150), MANTENIMIENTO GUADALMANSA, S.L. (tax code: B-92302843) and SELVECA, S.L. (tax code: B-92480649) (hereinafter, AGROJARDIN GROUP). To see our Companies Register details, please consult our Annex. AGROJARDIN GUADALMANSA, S.L. (tax code: B-29436698)

AGROJARDIN GROUP, with registered office at Carretera de Cádiz km 164, Estepona, 29680 Málaga. Spain. Email: info@agrojardin.com.

Access to the Website is open and free of charge, except for the connection charges of the telecommunications network supplied by the provider contracted by users. Certain services are exclusively for our customers and have restricted access.

The use of the Website confers the status of Website user (hereinafter, the ‘User’) and implies acceptance of all the terms and conditions included in this Legal Notice. The provision of the Website service has a limited duration for whenever the User is connected to the Website or to any of the services provided via it. Therefore, the User must carefully read this Legal Notice whenever they intend to use the Website, as the terms and conditions of use contained in this Legal Notice may have been modified.

Some Website services accessible to Internet users or exclusively for AGROJARDIN GROUP customers may be subject to particular terms and conditions, regulations and instructions which, when applicable, may replace, complete and/or modify this Legal Notice and which must be accepted by the User prior to the provision of the corresponding service.

2. Intellectual and industrial property

This Website and its content are protected by current legislation on intellectual property.

AGROJARDIN GROUP is the owner or licence holder of all the intellectual and industrial property rights of its website, as well as the elements contained in it. Therefore, the reproduction, distribution, disclosure and transformation of all or part of the content of this Website for commercial purposes, in any medium and by any technical means, is strictly prohibited without the authorisation of AGROJARDIN GROUP.

The brands, trade names or logos are owned by AGROJARDIN GROUP or third parties, and access to the website shall not provide any right over said brands, trade names and/or logos.

All products and services on this Website which do NOT belong to AGROJARDIN GROUP are trademarks of their respective owners and are recognised as such by our company. They only appear on the AGROJARDIN GROUP Website for the purposes of promotion and the collection of information. These owners may request modification or deletion of any information belonging to them.

3. Terms and conditions for using the Website

3.1. General

The User undertakes to appropriately use the Website in accordance with the law and this Legal Notice. The User shall be liable to AGROJARDIN GROUP or to third parties for any damages which may be caused as a result of breaches of this obligation.

It is strictly forbidden to use the Website for purposes harmful to the assets or interests of AGROJARDIN GROUP or third parties, or which in any other way may overload, damage or disable the networks, servers and other computer systems (hardware) or computer products and applications (software) of AGROJARDIN GROUP or third parties.

3.2 Content

The User agrees to use content in accordance with the law and this Legal Notice, as well as any other terms and conditions, regulations and instructions which may be applicable.

Purely by way of illustration, the User, in accordance with current legislation, shall refrain from the following:

• Reproducing, copying, distributing, disclosing, publicly communicating, transforming or modifying content, except in cases authorised by law or explicitly approved by AGROJARDIN GROUP or by the owner of the rights of use, whichever the case may be.
• Reproducing or copying, for private use, any content which may be considered software or a database, in accordance with current intellectual property legislation, as well as its

public communication or disclosure to third parties, when these acts necessarily imply reproduction by the User or a third party.

• Extracting and/or reusing all or a substantial part of the website content and databases which AGROJARDIN GROUP makes available to Users.

3.3 Introducing links to the Website

Any Internet user who wishes to introduce links from their own websites to the Website shall comply with the terms and conditions listed below, without a lack of knowledge of them being grounds to avoid any legal liabilities:

The link shall only redirect to the home page or landing page of the Website, but may not reproduce it in any way (online links, copying of texts, graphics, etc.).

In any event, and in accordance with the applicable legislation in force at any time, it is prohibited to establish frames of any kind which implicate the Website or enable the display of content via Internet addresses other than those of the Website, and which, in any event, when viewed together with content from outside the Website (i) cause or may cause error, confusion or deception in Users about the true origin of the service or content; (ii) entail an act of comparison or unfair imitation; (iii) take advantage of the reputation of the brand and prestige of AGROJARDIN GROUP; or (iv) are in any other way prohibited by current legislation.

The linked website shall not make any type of false, inaccurate or incorrect statement about AGROJARDIN GROUP, its partners, employees and customers, or about the quality of the services which it provides.

Under no circumstances shall the linked website state that AGROJARDIN GROUP has given its consent for the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the linked website.

The use of any word, pictorial or composite mark or any other distinctive sign of AGROJARDIN GROUP within the linked website is prohibited, except in cases permitted by law or when expressly authorised by AGROJARDIN GROUP and whenever, in these cases, a direct link is enabled to the Website, as established in this clause.

The linked website shall faithfully comply with the law and under no circumstances may display or link to its own content or third-party content which (i) is illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (ii) induces or may induce in the User the false belief that AGROJARDIN GROUP agrees with, endorses, adheres to or in any way supports the legal or illegal ideas, statements or expressions of the linked website; (iii) is inappropriate or not pertinent to the activity of AGROJARDIN GROUP with regard to the place, content and subject matter of the linked website. 

4. Liability disclaimer

4.1 Regarding information

Access to the Website does not imply an obligation on the part of AGROJARDIN GROUP to verify the truthfulness, accuracy, adequacy, suitability, completeness or current nature of the information provided through it. The content of this page is of a general nature and does not in any way entail the provision of a legal advice service or any other kind of service, so said information is insufficient for the User to make personal or business-related decisions.

AGROJARDIN GROUP is not liable for any decisions made on the basis of the information provided on the Website or for any damages caused to the User or third parties due to actions based solely on the information obtained on the Website.

4.2 Regarding service quality

Access to the Website does not entail an obligation by AGROJARDIN GROUP to ensure the absence of viruses, worms or any other form of malware. In any event, the use of adequate tools to detect and disinfect harmful computer programs is the responsibility of the User.

AGROJARDIN GROUP is not liable for any damage caused to the computer systems of Users or third parties while the Website is in service.

4.3 Regarding service availability

Access to the Website requires services and supplies from third parties, including transfers via telecommunications networks whose reliability, quality, continuity and functioning do not correspond to AGROJARDIN GROUP. Therefore, the services provided through the Website may be suspended, cancelled or rendered inaccessible, prior to or at the same time as the Website is in service.

AGROJARDIN GROUP shall not be held liable for damages of any kind caused to the User as a result of a failure or disconnection of a telecommunications networks which causes suspension, cancellation or interruption to the Website during or prior to the service.

4.4 Regarding content and services linked via the Website

The service of access to the website includes technical links, directories and even search tools which allow the User to access other websites (hereinafter, “Linked Websites”). In these cases, AGROJARDIN GROUP acts as an intermediary service provider in accordance with Article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI, in its Spanish acronym) and shall only be liable for the content and services provided on Linked Websites whenever it has effective knowledge of any illegality and has not disabled the link with due diligence.

If the User considers that there is a Linked Website with illegal or inappropriate content, they may inform AGROJARDIN GROUP in accordance with the procedure and the effects established in Clause 6, without this notification entailing the obligation to withdraw the corresponding link.

Under no circumstances does the existence of Linked Websites presuppose the existence of agreements with the managers or owners of them, or the recommendation, promotion or identification of AGROJARDIN GROUP with the statements, content or services provided.

AGROJARDIN GROUP is unaware of the content and services of the Linked Websites and is therefore not liable for damage caused by the illegality, quality, outdated information, unavailability, error or uselessness of the content and/or services of the Linked Websites, or for any other damage not directly attributable to AGROJARDIN GROUP.

5. Data protection.

You may consult our Data Protection Policy (link) to find out how we use your personal data.

6. Notification of illegal and inappropriate activities

If the User or any other Internet user realises that the Linked Websites refer to websites whose content or services are illegal, harmful, degrading, violent or contrary to morality, they may contact AGROJARDIN GROUP, indicating the following facts:

• Personal details of the notifying party: name, address, telephone number and email address;
• Description of the facts which reveal the illegal or inappropriate nature of the Linked Website;
• In the event of a violation of rights, such as intellectual and industrial property rights, the personal details of the owner of the violated right, if this person is different from the notifying party.
• This party shall also provide the certificate which proves the legitimacy of the owner of the rights and, where appropriate, the power to act on behalf of the owner, if the person is different from the notifying party;
• Explicit statement that the information contained in the claim is accurate.

The receipt by AGROJARDIN GROUP of the notification described in this clause shall not imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or content indicated by the notifying party.

In addition, this party shall provide the certificate which proves the legitimacy of the owner of the rights and, where appropriate, the power to act on behalf of the owner, if the person is different from the notifying party, and make an explicit statement that the information contained in the claim is accurate.

7. Notifications

All notifications and communications made by the parties shall be legally valid. Those related to this Website shall be considered effective for all purposes if they are made via the Website itself.

8. Modifications

AGROJARDIN GROUP reserves the right to make unannounced modifications which it deems appropriate to its Website, while also being allowed to change, delete or add content and services provided through the Website and how they are displayed.

Likewise, these terms and conditions may change at any time. Modifications shall become effective upon being posted to the Website.

9. Legislation

This Legal Notice is governed in each and every one of its requirements by Spanish law. Whenever the applicable law allows for the waiver of pre-established legal jurisdiction, the courts and tribunals of Málaga are explicitly designated as the jurisdiction to resolve any possible disputes, with the User expressly waiving any other jurisdiction which may correspond.

Resolution of online disputes in accordance with Art. 14.1 of Regulation (EU) No 524/2013: The European Commission provides an online dispute resolution platform, which is available on the following link: http://ec.europa.eu/consumers/odr/.

Data Protection by PRIVACIDAD GLOBAL
www.privacidadglobal.com