1. LEGAL INFORMATION AND ACCEPTANCE
These provisions regulate the use of the Internet portal service (hereinafter, the ‘Portal’) that DERU Glaswarenvertrieb GmbH makes available to Internet users.
DERU Glaswarenvertrieb GmbH, domiciled at Lagerhausstraße 4-6, 96052 Bamberg, Deutschland, with CIF: DE 811 282 683, registered in the Commercial Register Reg.-Gericht Bamberg – HRB Nr.: B294. Access to the website is free of charge except for the cost of connection through the telecommunications network supplied by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted. The legal or tax services provided by the Firm in general have the price indicated in the corresponding proposal of professional services and in no case are they offered or provided through the Portal service.
The use of the Portal confers the condition of Portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.
Some Portal services accessible to Internet users or exclusive to customers of DERU Glaswarenvertrieb GmbH may be subject to special conditions, regulations and instructions which, where appropriate, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the contents of the Portal, understanding these by way of example only, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as its graphic design and source codes (hereinafter, the ‘Contents’), are intellectual property of DERU Glaswarenvertrieb GmbH or third parties, without any of the exploitation rights recognized by the current legislation on intellectual property on the same, except those that are strictly necessary for the use of the Portal, being understood to be transferred to the User.
The trademarks, trade names or logos are owned by DERU Glaswarenvertrieb GmbH or third parties, without it being understood that access to the Portal attributes any rights over such trademarks, trade names and / or logos.
3. CONDITIONS OF USE OF THE PORTAL
The User undertakes to make proper use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to DERU Glaswarenvertrieb GmbH or third parties for any damages that may be caused as a result of a breach of this obligation.
It is expressly forbidden to use the Portal for purposes harmful to property or interests of DERU Glaswarenvertrieb GmbH or third parties or in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or products and computer applications (software) of DERU Glaswarenvertrieb GmbH or third parties.
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1. By way of example only, the User, in accordance with current legislation, must abstain from:
- a) Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in cases authorised by law or expressly consented to by DERU Glaswarenvertrieb GmbH or by whoever holds the ownership of the exploitation rights where applicable.
- b) Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as its public communication or making it available to third parties when these acts necessarily imply the reproduction by the User or a third party.
- c) Extract and/or reuse all or a substantial part of the Content of the Portal as well as the databases that DERU Glaswarenvertrieb GmbH makes available to Users.
3.3 DATA COLLECTION FORMS
Without prejudice to the provisions of clause 5 of this Legal Notice, as well as the privacy policies accessible from the Portal and that may be applicable at any time, the use of certain services or requests addressed to DERU Glaswarenvertrieb GmbH are conditional upon the prior completion of the corresponding User registration.
All information provided by the User through the Portal forms for the above purposes or any other must be truthful. For these purposes, the User guarantees the authenticity of all data provided and will keep the information provided to DERU Glaswarenvertrieb GmbH perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damages caused to DERU Glaswarenvertrieb GmbH or third parties for the information provided.
3.4 INTRODUCTION OF LINKS TO THE PORTAL
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:
- a) The link will only link to the home page or main page of the Portal but may not reproduce it in any way (inline links, copy of the texts, graphics, etc).
- b) It shall be prohibited in all cases, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are viewed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Content; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of DERU Glaswarenvertrieb GmbH; or (IV) in any other way is prohibited by current legislation.
- c) No false, inaccurate or incorrect statement shall be made from the page that introduces the link about DERU Glaswarenvertrieb GmbH, its partners, employees, clients or about the quality of the services it provides.
- d) Under no circumstances shall it be stated on the page where the link is located that DERU Glaswarenvertrieb GmbH has given its consent to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
- e) The use of any word, graphic or mixed trademark or any other distinctive sign of DERU Glaswarenvertrieb GmbH within the sender’s page is prohibited except in cases permitted by law or expressly authorised by DERU Glaswarenvertrieb GmbH and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
- f) The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own or third party content that: (I) is unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or leads to the creation of a link to the Portal. ); (II) induce or could induce in the User the false conception that DERU Glaswarenvertrieb GmbH subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or not relevant to the activity of DERU Glaswarenvertrieb GmbH in view of the place, content and theme of the sender’s website.
4. EXCLUSION OF LIABILITY
4.1 OF THE INFORMATION
Access to the Portal does not imply any obligation on the part of DERU Glaswarenvertrieb GmbH to check the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal or tax advice service of any kind, so that such information is insufficient for making personal or business decisions by the user.
DERU Glaswarenvertrieb GmbH is not responsible for decisions taken on the basis of the information provided on the Portal or for any damages caused to the User or third parties as a result of actions whose sole basis is the information obtained on the Portal.
4.2 QUALITY OF SERVICE
Access to the Portal does not imply any obligation on the part of DERU Glaswarenvertrieb GmbH to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
DERU Glaswarenvertrieb GmbH is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 AVAILABILITY OF THE SERVICE
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation does not correspond to DERU Glaswarenvertrieb GmbH. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
DERU Glaswarenvertrieb GmbH is not responsible for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
4.4 OF THE CONTENTS AND SERVICES LINKED THROUGH THE PORTAL
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, DERU Glaswarenvertrieb GmbH acts as a provider of intermediary services in accordance with Article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (‘LSSI’) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content may notify DERU Glaswarenvertrieb GmbH in accordance with the procedure and the effects established in clause 6, without in any case this communication entails the obligation to remove the corresponding link.
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of DERU Glaswarenvertrieb GmbH with the statements, content or services provided.
DERU Glaswarenvertrieb GmbH does not know the contents and services of the Linked Sites and therefore is not responsible for the damages produced by the unlawfulness, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites nor for any other damage that is not directly attributable to DERU Glaswarenvertrieb GmbH.
5. PROTECTION OF PERSONAL DATA
5.1. PROCESSING OF PERSONAL DATA
In compliance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data (‘LOPD’), we inform you that the personal data and information that you provide when filling in any electronic form available on the Portal (‘Data’), will be included in a personal data file owned by DERU Glaswarenvertrieb GmbH. The purpose of the processing of the Data is to process your request. The questions included in each of the forms are voluntary, except those marked with an asterisk (*) which are mandatory. If you do not answer the mandatory questions, DERU Glaswarenvertrieb GmbH reserves the right not to process incomplete applications.
5.2. COMMERCIAL COMMUNICATIONS
In some of the electronic forms you will be asked for your express consent to be able to send you commercial communications by any means, including e-mail or equivalent means of electronic communication, in accordance with the provisions of article 21 LSSI.
5.3. SECURITY MEASURES
DERU Glaswarenvertrieb GmbH adopts the security levels required by Royal Decree 1720/2007, of 21 December, which approves the Regulation of development of the LOPD, appropriate to the nature of the data that are processed at all times. Notwithstanding the above, technical security in a medium such as the Internet is not impregnable and there may be malicious actions by third parties, although DERU Glaswarenvertrieb GmbH uses all the means at its disposal to prevent such actions.
In compliance with the provisions of Article 22.2 LSSI, DERU Glaswarenvertrieb GmbH will only use data storage and recovery devices (‘Cookies’) when the user has given prior consent to do so in accordance with what is indicated in the pop-up window of the user’s browser when accessing the Portal for the first time and in the other terms and conditions indicated in the Cookies Policy of DERU Glaswarenvertrieb GmbH that every user should know.
5.5. ARCO RIGHTS
The User will be able to exercise his rights of Access, Rectification, Cancellation and Opposition (‘ARCO Rights’) in the terms legally foreseen having to send a communication for it by means of postal mail to the Department of Protection of Data and Privacy of DERU Glaswarenvertrieb GmbH, Paseo Mallorca, nº 32 ent. – 07012 Palma de Mallorca, or by sending an e-mail to the following address: email@example.com, indicating in both cases your name and surname.
6. COMMUNICATION OF ACTIVITIES OF AN ILLICIT AND INAPPROPRIATE NATURE
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact DERU Glaswarenvertrieb GmbH indicating the following points:
- a) Personal details of the caller: name, address, telephone number and email address;
- b) Description of the facts that reveal the illegal or inappropriate nature of the Linked Site;
- c) In the event of violation of rights, such as intellectual and industrial property, the personal details of the holder of the infringed right when this is a person other than the communicating party. You must also provide the title accrediting the legitimacy of the holder of the rights and, where appropriate, the title of representation to act on behalf of the holder when it is a person other than the communicating party;
- d) Express declaration that the information contained in the complaint is accurate.
The receipt by DERU Glaswarenvertrieb GmbH of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.
You must also provide the title accrediting the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the owner when it is a person other than the caller; Express statement that the information contained in the claim is accurate.
The receipt by DERU Glaswarenvertrieb GmbH of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party
This Legal Notice is governed in each and every one of its aspects by Spanish law.
For the resolution of any dispute that may arise from accessing the website, the user and DERU Glaswarenvertrieb GmbH expressly agree to submit to the courts and tribunals of the city of Palma de Mallorca, renouncing any other general or special jurisdiction that may correspond to them.