1. OUR WEBSITE
1.1 These provisions govern the use of the internet Website (hereinafter “Website”) that MÓSTOLES INDUSTRIAL, S.A. (hereinafter “MOINSA”) makes available to its users (hereinafter “User” or “Users”, as applicable) by visiting the URL www.moinsa.es, to access a wide range of products, services and content.
1.2 The Website manager’s details are as follows:
Mostoles Industrial, S.A. (hereinafter Moinsa), with registered address at C\ Plasencia nº 49, Móstoles, Madrid, and with tax ID (NIF) A-28160711.
Companies Register of Madrid: page 11,122, sheet 161, volume 2,004 of the Companies Record.
2. WEBSITE TERMS AND CONDITIONS OF ACCESS AND USE
Access to the Website requires the User to first read these General Terms and Conditions of Access and Use (“Legal Notice”). By accessing and using the Website, it will be understood that the User agrees with the content of each and every one of these General Terms and Conditions in their version published on the Website at the time of access. If the User does not agree with the content of these General Terms and Conditions, they must refrain from using the Website or browsing through it. The Website reserves the right to modify these General Terms and Conditions, informing Users of this by means of the corresponding notifications on the Website, so that they may be aware of their content from the outset. Purchasing and/or using certain Products or Services may require the User to be identified on the Website and to previously accept certain specific terms and conditions (hereinafter the “Specific Terms and Conditions”) that expand, supplement and/or amend these General Terms and Conditions. The User must also carefully read the content of the corresponding Specific Terms and Conditions or other legal notices that appear on the Website. As a User, you declare that you are of legal age and/or have sufficient legal capacity to enter into contracts under these General Terms and Conditions (and, where applicable, under the Specific Terms and Conditions that govern the use of certain Products or Services) and to use and, where applicable, purchase Products or Services offered on the Website. The User expressly and fully accepts, without reservations or exceptions, that they are solely and exclusively responsible for accessing and using the Website and its content. In the event that there is any contradiction between the Website’s general terms and conditions of access and use and the corresponding Specific Terms and Conditions, the latter shall prevail over the former, unless the General Terms and Conditions are more beneficial for the User than the Specific Terms and Conditions.
3. WEBSITE CONTENT
3.1 MOINSA reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Website, as well as the content and scope of the Products or Services published on the Website or provided through the Website, and the terms of access thereto. Furthermore, MOINSA reserves the right to add new Products or Services and content on the Website, as well as the right to delete, limit, suspend or prevent access through the Website, whether temporarily or permanently, when the reasons provided for in these General Terms and Conditions are met.
3.2 MOINSA informs the User that through the Website, they will be able to access Products or Services offered by companies that form part of MOINSA, as well as, where applicable, Products or Services offered by third parties that are available at any time, whose purchase by the User will be subject to the terms and conditions that these entities have at any time. MOINSA does not assume any responsibility or guarantee whatsoever for the products and services of the aforementioned entities, unless expressly contracted by the User.
4. IDENTIFICATION AS A WEBSITE USER
The purchase and use of certain Products or Services offered by MOINSA will require the User to be identified on the Website using the form that will appear when selecting the specific Product or Service. Similarly, the purchase and use of the specific products or services offered by other companies through the Website will require the User to meet the requirements determined by each entity, and regarding which the User will be informed from the Website or respective websites. No User of the Website may access the products and services of these entities without having been previously identified. In any case, the User declares, under their responsibility, that the data provided through the identification form is current and accurate.
5. GENERAL REPRESENTATIONS AND WARRANTIES
5.1 MOINSA represents and warrants that the Website has the necessary technology (software and hardware), as of this date, to allow access and use of the same. However, MOINSA is not liable for the possible existence of viruses or other harmful elements, introduced by any means or by any third party, which may alter the User’s computer systems, or for the harmful consequences that these may cause in the User’s computer systems. The User fully accepts the foregoing and undertakes, on their part, to apply the utmost diligence and care when accessing and using the Products or Services offered through the Website. This includes but is not limited to the User observing the security recommendations displayed on the Website.
5.2 The User accepts that the Website has been created and developed in good faith by MOINSA with information from internal and external sources and offers it in its current state, although it may contain errors.
5.3 The User guarantees that any activities they perform through the Website will be in keeping with the law, morals, generally accepted standards of decency and public order, and that in no case are harmful to the good name and commercial image of MOINSA, other Users of the Website or third-party service providers. In particular, the User undertakes to use the Products or Services in a correct and diligent manner and refrain from using them for unlawful purposes or for purposes prohibited by these General Terms and Conditions, which are harmful to the rights and interests of third parties, or which may in any way damage, misuse, overload or impair such Products or Services, third-party computer equipment, documents, files, and all kinds of content stored on their computer equipment, or prevent the normal use or enjoyment of the Services by third parties.
5.4 In particular, by way of example, the User undertakes not to use the Products or Services for the purpose of (i) impersonating a third party; (ii) infringing fundamental rights and public freedoms recognised in national law and international treaties or conventions, and in particular not to infringe the honour, personal privacy, image or ownership of goods and rights of third parties; (iii) inciting or encouraging criminal, degrading, defamatory or offensive actions or, in general, actions contrary to the law, morals, generally accepted standards of decency or public order; (iv) encouraging or promoting discriminatory actions or ideas based on race, gender, ideology, religion or beliefs; (v) incorporating, making available or allowing access to products, elements, messages and/or services that are criminal, violent, pornographic, offensive or generally contrary to the law, morals or public order; (vi) infringing the intellectual or industrial property rights of third parties; (vii) infringing the rules on business secrecy, confidential communications, advertising regulations and/or unfair competition regulations; (viii) negligently or maliciously transmitting programs or data (including viruses and malware) that cause or might cause damage to the computer systems of MOINSA or other Users or third parties via the Website, or falsifying the source of an email or other material contained in a file that is transmitted through the Website. (ix) using the information on the Website for direct sales or for any other purpose and (x) sending unsolicited messages to a smaller or larger group of people regardless of their purpose.
6. GENERAL LIMITATION OF LIABILITY
6.1 MOINSA is not liable for any direct or indirect damages that may arise from the interruption of the Website, as well as its continuity. Furthermore, MOINSA shall not be liable for any possible security errors or shortcomings that may occur due to the User’s use of a web browser with an out-of-date or unsafe version, as well as the activation of the User’s password storage systems in the browser and the damages, errors or inaccuracies caused by a malfunction thereof.
6.2 MOINSA shall not be held liable for the legality, content or quality of the Products or Services offered and/or marketed by third parties through the Website.
6.3 If MOINSA is found liable, it will only be liable for damages and losses that are effectively and directly caused by it, not including compensation for loss of profits under any circumstances.
6.4 The User shall be liable for damages of any kind that MOINSA may suffer as a direct or indirect consequence of the User’s failure to comply with the General Terms and Conditions.
7. HYPERTEXT LINKS TO THE WEBSITE
7.1 Users or owners of other websites who intend to create a hypertext link (hereinafter “link”) to the Website must ensure and agree to observe MOINSA’s rules on network links. These rules include (i) not creating links to pages or subpages other than the Website’s homepage; (ii) not creating links that allow the total or partial reproduction of the Website’s homepage; (iii) not providing false, inaccurate, incorrect statements next to the link which could mislead or confuse or, in general, which are contrary to the law, morals or standards of decency; (iv) not including any trademark or sign that may be protected other than the website’s URL, and (v) not creating links with pages containing content, claims or propaganda that is racist, xenophobic, pornographic, justifying terrorism or that undermines human rights, and in general that may in any way harm the good name, reputation or image of MOINSA or its customers. In any event, the inclusion of links to the Website by other websites does not mean that MOINSA has links or an association of any kind with the owner of the website on which the link is created, nor that MOINSA promotes, endorses, guarantees or recommends the content of these Websites.
7.2 For its part, the Website may contain links to other Websites not managed by MOINSA. MOINSA accepts no responsibility for any information on these Websites that may be accessed via links or search engines on MOINSA web pages. Links are provided on MOINSA web pages purely for information purposes. Therefore, MOINSA does not accept responsibility or provide a guarantee of any kind, either expressly or implicitly, with regard to: (i) the merchantability, suitability, quality, quantity, characteristics, source or origin, marketing or any other aspect of the Products or Services offered and marketed through the Website; (ii) direct, indirect or other damages or losses that may be caused by the Products or Services offered, sold, purchased or provided through the Website; (iii) the prices offered or agreed by Users with the offering entities; (iv) the transactions or operations that are carried out between them; (v) the successful outcome thereof; (vi) the terms and conditions agreed between them in their deals and terms of use, or their modifications, compliance and fulfilment, invoicing, form and means of payment and resolution; (vii) assurance of delivery of the Products or Services; (viii) any information that may be exchanged between them; (ix) the content and use of personal or non-personal information that such entities require from the User to obtain and carry out the transactions; (x) the content and use of the personal information that MOINSA sends to these entities for the sole and exclusive purpose of complying with the business relationship that has been initiated or created, in accordance with the provisions of the User Registration Form (xi) the advertising that the Users may use, or the Users’ potential use of the distinctive signs of a third party or their own.
7.3 All of the Website’s content (including, but not limited to, databases, images and photographs, patents, utility and industrial models, drawings, graphics, text files, audio, video and software) are the property of MOINSA or content providers. In the latter case, they are the subject of a licence or assignment, and are protected by national or international intellectual and industrial property laws. The compilation (understood as the gathering, design, organisation and assembly) of all the Website’s content is the exclusive property of MOINSA and is protected by national and international industrial and intellectual property laws.
7.4 All software for designing screens, browsing, use and development of the Website is the property of MOINSA or its software providers, and is protected by national and international industrial and intellectual property laws.
7.5 The brands, labels, distinctive signs or logos of MOINSA that appear on the Website are the property of MOINSA and are duly registered or in the process of being registered. The names of other products, services and companies that appear in this document or on the Website may be registered trademarks or other distinctive signs of their respective and legitimate owners.
7.6 All text, graphics, videos or audio media are the property of MOINSA, or its content providers, and may not be subsequently modified, copied, altered, transformed, reproduced, adapted or translated by the User or third parties without the express authorisation of its owners.
7.7 The availability to Users of databases, drawings, graphics, images and photographs, text, audio, video and software owned by MOINSA or its providers shown on the Website does not imply, under any circumstances, assignment of their ownership or the granting of any entitlement to the User, other than the right to legitimate use in accordance with the nature of the Website.
7.8 Any use of the Website’s content and, in general, of any the rights mentioned in the preceding sections without the authorisation of MOINSA, including its use, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, display, public communication or full or partial representation is strictly prohibited. If it occurs, this will constitute an infringement of the intellectual property rights of MOINSA, punishable by the applicable laws.
8. FORCE MAJEURE
For the purposes of these General Terms and Conditions, force majeure shall be understood as, but shall not be limited to, (i) any non-culpable event that is impossible to foresee or which, if foreseen or foreseeable, is inevitable; (ii) problems accessing different web pages; (iii) failures in the power supply or telephone network; (iv) damage caused by third parties or attacks on the web server (viruses) that affect the quality of the Products or Services and are not attributable to MOINSA or the User; (v) failures to transmit, disseminate, store or make available to third parties the databases and Website content and (vi) problems or errors in the reception, acquisition or access to the Website or the Products or Services by said third parties.
9. SUSPENSION OF ACCESS TO THE WEBSITE AND SERVICES
9.1 MOINSA shall endeavour to keep the Website continually available. However, MOINSA may freely decide to conduct any type of test, inspection and maintenance at any time, regardless of the procedures and means used to carry them out. Whenever reasonably possible, MOINSA shall endeavour to notify Users of any maintenance or other activity that could affect the Website, by means of an announcement on the Website.
9.2 MOINSA is fully entitled to modify the transmission, monitoring or other means or technical services used to access or use the Website.
9.3 MOINSA may temporarily or permanently suspend the Products or Services offered through the Website. This will not entail any kind of compensation in favour of the User, when any of the following circumstances occur: (i) when necessary to carry out maintenance work, (ii) when necessary to preserve the integrity or security of the Products or Services provided, equipment, systems or the networks of MOINSA or third parties, provided that they affect or may affect the services of MOINSA, (iii) when justified by specific operational reasons or those of third parties that affect the provision of the MOINSA Products or Services; (iv) when there is an instance of force majeure, MOINSA shall endeavour to keep the User informed of the suspension and its causes, whenever possible.
10. TERMINATION
The Website may terminate the General Terms and Conditions of Use without the need to give any notice to the User when: (i) it becomes aware of the User’s conduct of any illegal activity through the Services; (ii) the User has failed to comply with any of their essential obligations, in accordance with these General Terms and Conditions, and especially in the event of misuse of the access code; and in the event of an infringement or challenge of the Website’s intellectual and industrial property rights, all of this notwithstanding the exercising of any legal actions that may be applicable to it in defence of its interests.
11. NULL AND VOID CLAUSES
If any Clause of these General Terms and Conditions is declared, in whole or in part, null or void, only that provision or the part of it that is null or void shall be affected, with the other Terms and Conditions continuing to take effect. That provision or the part of it that is affected shall be removed, unless it affects them in full as it is essential to these General Terms and Conditions.
12. APPLICABLE LAW AND JURISDICTION
12.1 These General Terms and Conditions shall be interpreted and governed in accordance with the prevailing Spanish, European and/or international law.
12.2 For any litigation arising from the existence, access, use or content of the General Terms and Conditions, the Courts and Tribunals of Madrid in Spain shall have jurisdiction.