Legal notice

Legal notice

  1. Identification data

    MEDITERRANEA DE CAMISERIA SL, with CIF B12401675, address at Calle Moyano 3 - 4º C 12002 - Castellón , email info@surfcar.com, and registration details in the Companies Register of Castellón in Volume 781 General Companies, Book 348 of Section 3ª, Folio 60, Page 9559, Entry 1ª. is constituted by the website associated with the domain www.surfcar.com. It is responsible for the Website, in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (RGPD) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and other current legislation on the protection of personal data, and by Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce (LSSICE), informs you that it has implemented the necessary technical and organisational security measures to guarantee and protect the confidentiality, integrity and availability of the data entered.

  2. Purpose and scope of application

    These are the general conditions (hereinafter ‘General Conditions’) that regulate the access, navigation and use of the websites under the domain ‘surfcar.com’ (hereinafter ‘Website’), as well as the responsibilities derived from the use of its contents (hereinafter ‘Contents’ being understood as texts, graphics, drawings, designs, codes, software, photographs, music, videos, sounds, databases, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual and industrial property). Independently of these, MEDITERRANEA DE CAMISERIA SL. may establish particular conditions that regulate the use and/or contracting of specific services offered to users through the Web Site.

    It will be understood that the access or the mere use of the Web Site by the user implies the user's adhesion to the General Conditions that MEDITERRANEA DE CAMISERIA SL. has published at each moment in which the user accesses the Web Site and that will be available for the users. Consequently, the user must read these General Conditions carefully. In this sense, ‘User’ shall be understood to be the person who accesses, browses, uses or participates in the services and activities, whether free of charge or for a fee, carried out on the Website.

    Likewise, through the Web Site, MEDITERRANEA DE CAMISERIA SL. may enable third parties, whether natural or legal persons, to advertise or provide their services. In these cases, MEDITERRANEA DE CAMISERIA SL. will not be responsible for establishing the general and particular conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, cannot be held responsible for them. Before using and/or contracting these specific services provided by MEDITERRANEA DE CAMISERIA SL, the User must carefully read the corresponding specific conditions created for this purpose by MEDITERRANEA DE CAMISERIA SL. The use and/or contracting of these specific services implies the acceptance of the particular conditions that regulate them in the version published by MEDITERRANEA DE CAMISERIA SL. at the time of said use and/or contracting.

  3. Intellectual and industrial property rights

    The User acknowledges and accepts that all the contents shown on the Website and in particular, designs, texts, images, logos, icons, buttons, software, commercial names, brands, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all brands, commercial names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the page, which are the exclusive property of the owner of the web portal and/or third parties, who have the exclusive right to use them in the economic traffic. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding MEDITERRANEA DE CAMISERIA SL harmless from any claim arising from the breach of such obligations. Under no circumstances does access to the Web Site imply any kind of waiver, transmission, licence or total or partial transfer of such rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any other rights shall be subject to the following conditions.

    The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. MEDITERRANEA DE CAMISERIA SL. is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.

    Likewise, it is forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices or any information mechanisms that may be contained in the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, reserving in any case MEDITERRANEA DE CAMISERIA SL., the exercise of any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.

    In particular, MEDITERRANEA DE CAMISERIA SL, is expressly opposed to the reproduction of its pages being considered a quotation in the terms provided for in article 32, paragraph 1, second paragraph, of the Intellectual Property Law.

  4. Free access

    Access to the Contents of the Website by Users is free of charge.

  5. Use of the Website

    The Contents included on the Website are made available only to consumers or end Users. Any unauthorised commercial use of the same, or their resale, is prohibited, except with the prior written authorisation of MEDITERRANEA DE CAMISERIA SL.

    If, in order to use and/or contract a service on the Website, the User must register, he/she shall be responsible for providing truthful and lawful information (hereinafter, the ‘Registered User’). If, as a consequence of registration, the User is provided with a password, he/she undertakes to use it diligently and to keep the password secret in order to access these services. Consequently, the Users are responsible for the appropriate custody and confidentiality of any identifiers and/or passwords supplied by MEDITERRANEA DE CAMISERIA SL., and undertake not to cede their use to third parties, whether temporary or permanent, nor to allow access to them to third parties. The User shall be responsible for the use of the services by any illegitimate third party who uses a password for this purpose as a result of non-diligent use or loss of the same by the User. By virtue of the above, it is the User's obligation to immediately notify MEDITERRANEA DE CAMISERIA SL. of any fact that allows the improper use of the identifiers and/or passwords, such as theft, loss, or unauthorised access to them, in order to proceed to their immediate cancellation. Until such events are communicated, MEDITERRANEA DE CAMISERIA SL. shall be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorised third parties.

    Access, navigation and use of the Web Site is the responsibility of the User, and therefore the User undertakes to diligently and faithfully observe any additional instructions given by MEDITERRANEA DE CAMISERIA SL, or by authorised personnel of MEDITERRANEA DE CAMISERIA SL, regarding the use of the Web Site and its Contents. Likewise, we urge you to inform MEDITERRANEA DE CAMISERIA SL, of any fact of which you are aware and which involves conduct contrary to law or violates the rights of any third party either through the tools of the Website or through the contact form.

    Therefore, the User undertakes to use the Contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from (I) using the Contents for purposes or effects contrary to the law, morality and generally accepted good customs or public order, (II) reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the Contents, unless authorised by the owner of the corresponding rights or it is legally permitted to do so; and (III) to use the Contents and, in particular, information of any kind obtained through the web page or services to send advertising, communications for direct sales purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to refrain from commercialising or disclosing this information in any way.

    MEDITERRANEA DE CAMISERIA SL, reserves the right to immediately unsubscribe the Registered User if it considers, at its sole discretion, that the Registered User is carrying out any activity that constitutes or may constitute a breach of these General Conditions.

    The owner of this website is exempt from liability in those cases in which the information provided is false, or that which is published on the website has been manipulated by third parties.

    Likewise, the owner of the web portal declines any liability that may arise as a consequence of the incorrect functioning of the same, as a consequence of viruses, malicious or harmful programmes in the contents; of illicit, negligent, fraudulent use or use contrary to this Legal Notice and conditions of use.

  6. Participation spaces and tools

    Registered User Profile

    The Website makes available to the User different spaces and tools for participation to encourage conversation and the exchange of ideas and opinions among Users. Its aim is to remain open and accessible to any User as long as he/she respects these General Conditions.

    By means of these tools and spaces, the Registered User will be able to have his or her own space, called Profile, which will identify him or her under his or her real name or User ID associated with the User account. The User account may, if the Registered User so chooses, be associated with an image of his or her choice, which will represent him or her visually in the different spaces for participation on the Website. The avatars of those Users that the Registered User follows and also of those who follow the Registered User will be visible in the Profile so that he/she can be informed and recognise them easily.

    The Profile will reflect the participation activity on the Website. The Registered User's comments are public and can be viewed in the Profile along with the responses and mentions received from other Users. Other Users will be able to follow the Registered User's activity generated on the Website, comments or contests and promotions in which the Registered User is participating. This Profile will generally be public but certain activities of a private nature (such as initiation of tracking, moderated content, individual notifications of participation in promotions and games and any other private notifications) will be kept hidden, visible only to the User.

    Participation Rules

    Under no circumstances will the publication of contents that manifestly promote hatred, contempt or discrimination on the grounds of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance be permitted. Attempts to impersonate the identity of third parties or the publication of private contact details will not be tolerated under any circumstances, whatever their purpose.

    Nor will messages containing ‘spam’ or those with links to sites that have nothing to do with the subject of the conversation be approved.

    Polite messages are sought for an exchange of views, so personal attacks and messages unrelated to the conversation will not be allowed.

    To avoid repeated comments, it is recommended that you read a thread first before participating in it.

    The Registered User is responsible for all statements on the Internet as elsewhere.

    The messages of Registered Users do not necessarily correspond to our editorial line.

    The Website reserves the right to delete, for any reason and without prior notice, any information or content generated in the participation spaces.

    The Website provides a tool for reporting inappropriate messages or content accessible via a dedicated button.

    The Website expressly declines any liability arising from the contents hosted by Registered Users, without prejudice to which it will adopt the appropriate measures to detect and deal with complaints about possible illegal activities by the same, expressly reserving the possibility of interrupting at any time and without prior notice, temporarily or permanently, the participation service offered to any User whose contents may be considered illegal, prohibited or simply inappropriate.

  7. User-generated content

    In the event that the User sends content of any kind to the Website, including, but not limited to photographs, images with or without movement, texts, information, databases, sound recordings or any other works or services (hereinafter, the Generated Content), the User declares, guarantees and accepts that the different uses of the General Content in the terms established in these General Conditions are not likely to infringe any intellectual or industrial property right, duty of confidentiality, commercial secret or any other third party right.

    In the event that the Generated Content consists of images (including therefore the avatar) the User declares and guarantees:

    1. That he/she is of legal age for legal purposes.
    2. That he/she is the author or holder of the image rights.
    3. That the person or persons whose image is reproduced in the Generated Content have expressly and unequivocally consented to the capture of their image, as well as its reproduction and public dissemination. In the event that the person whose image is reproduced is a minor, the User guarantees that he/she has obtained express and unequivocal consent for the capture, reproduction and public dissemination of the image from the minor's parents or guardians and may prove this at any time he/she is required to do so.

    The User assumes responsibility and guarantees to hold MEDITERRANEA DE CAMISERIA SL. harmless from any type of damage that may occur as a consequence of the User's non-compliance with the provisions established in the two preceding paragraphs. This responsibility includes, but is not limited to, the accuracy, legality, originality and ownership of the Generated Contents.

    The User assigns free of charge to MEDITERRANEA DE CAMISERIA SL., on a non-exclusive basis, the industrial and intellectual property rights and any other type of right over the Generated Content, including, without limitation, the rights of reproduction, distribution, public communication (including its modality of making available) and transformation for its exploitation by any means, support or format and through any system, procedure or modality of transmission, communication or distribution, whether free or paid, using the Generated Content alone or jointly with another. The assignment in favour of MEDITERRANEA DE CAMISERIA SL. is made for the whole world, for the entire duration of the rights and includes the power of assignment to third parties.

    MEDITERRANEA DE CAMISERIA SL. reserves the right to decide on the disclosure or publication of the Generated Contents.

    With regard to the publications in the ‘memes’ section of the Generated Content received from users, the only purpose pursued is for entertainment, so if you consider that the content of the same is very inappropriate, you can inform us, and we will proceed to its elimination if we deem it appropriate.

  8. Responsibilities and guarantees

    MEDITERRANEA DE CAMISERIA SL. does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or the information that it disseminates through the Web Site.

    Consequently, MEDITERRANEA DE CAMISERIA SL., does not guarantee and is not responsible for: (i) the operation of the Website; (ii) the continuity of the Contents of the Website; (ii) the absence of errors in said Contents or the correction of any defects that may occur; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Web Site and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Web Site; (vi) the damage or harm caused, to oneself or to a third party, by any person who infringes the conditions, rules and instructions that MEDITERRANEA DE CAMISERIA SL. , established in the Web Site or through the violation of the security systems of the Web Site.

    Nevertheless, MEDITERRANEA DE CAMISERIA SL. declares that it has diligently adopted the necessary measures, within its possibilities and the state of technology, to guarantee the functioning of the Web Site and to avoid the existence and transmission to Users of viruses and other harmful components.

  9. Links

    Links to other Websites

    1. On the Web Site, the User may find links to other web pages by means of different buttons, links, banners, etc., which are managed by third parties. MEDITERRANEA DE CAMISERIA SL, does not assume any type of responsibility for any aspect related to the linked web page.

      Links on other websites to the Website

    2. If any third party, entity or website wishes to establish any type of link to the Website, it must comply with the following conditions and requirements:

      1. The link may be directed to the Home Page of the Website.

      2. The link must be absolute and complete, that is to say, it must take the User, by means of a click, to the URL address of MEDITERRANEA DE CAMISERIA SL., www.surfcar.com and must completely cover the whole extension of the screen of the Web Site. Under no circumstances, unless expressly authorised in writing by MEDITERRANEA DE CAMISERIA SL, may the website that makes the link reproduce, in any way, the Website, include it as part of its website or within one of its frames or create a browser on any of the pages of the Website.

        The page that establishes the link may not state in any way that MEDITERRANEA DE CAMISERIA SL has authorised such a link, unless MEDITERRANEA DE CAMISERIA SL has done so expressly and in writing. If the entity that makes the link from its page to the Web Site wishes to include in its web page the brand, denomination, commercial name, label, logo, slogan or any other type of identifying element of MEDITERRANEA DE CAMISERIA SL, and/or of the Web Site, it must previously have its express authorisation in writing.

      3. MEDITERRANEA DE CAMISERIA SL. does not authorise the establishment of a link to the Web Site from those web pages that manifestly promote hatred, contempt or discrimination on grounds of birth, race, sex, religion, nationality, opinion or any other personal or social circumstance and, in general, that contravene morality, public order or generally accepted social standards.

      MEDITERRANEA DE CAMISERIA SL. does not assume any type of responsibility for any aspect related to the web page that establishes this link to the Web Site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.

      Services provided by third parties through the Web Site

      MEDITERRANEA DE CAMISERIA SL. does not guarantee the legality, reliability and usefulness of the services provided by third parties through the Web Site or on which MEDITERRANEA DE CAMISERIA SL. only acts as an advertising channel or intermediary service provider.

      MEDITERRANEA DE CAMISERIA SL. shall not be liable for damages of any kind caused by the services provided by third parties through this page, and in particular, by way of example, those caused by:

      1. non-compliance with the law, morality or public order;
      2. the incorporation of viruses or any other computer code, file or programme that may damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment;
      3. infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind;
      4. the carrying out of acts that constitute illicit, misleading or unfair advertising and, in general, that constitute unfair competition;
      5. the lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible;
      6. infringement of the rights to honour, personal and family privacy and the image of persons or, in general, any type of third party rights;
      7. the inadequacy for any kind of purpose and the disappointment of the expectations generated, or the vices and defects that may arise in the relationship with third parties; and
      8. the non-performance, delayed performance, defective performance or termination for any reason of obligations undertaken by third parties and contracts made with third parties.

  10. Duration and modification

    MEDITERRANEA DE CAMISERIA SL. may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way in which these general conditions appear or through any type of communication addressed to the Users.

    The temporary validity of these General Conditions coincides, therefore, with the time of their publication, until they are totally or partially modified, at which time the modified general conditions will come into force.

    Regardless of the provisions of the particular conditions, MEDITERRANEA DE CAMISERIA SL. may terminate, suspend or interrupt, at any time without prior notice, access to the contents of the page, without the User being able to claim any compensation whatsoever. After such termination, the prohibitions on the use of the Contents set out above in these General Conditions shall remain in force.

  11. General

    The headings of the individual clauses are for information purposes only and shall not affect, qualify or extend the interpretation of the General Terms and Conditions.

    In the event of any discrepancy between the provisions of these General Conditions and the particular conditions of each specific service, the provisions of the latter shall prevail.

    In the event that any provision or provisions of these General Conditions should be considered null and void or inapplicable, in whole or in part, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the other provisions of the General Conditions or the particular conditions of the different services of MEDITERRANEA DE CAMISERIA SL,

    The non-exercise or non-execution by MEDITERRANEA DE CAMISERIA SL, of any right or provision contained in these General Conditions shall not constitute a waiver thereof, unless acknowledged and agreed in writing by MEDITERRANEA DE CAMISERIA SL, unless acknowledged and agreed in writing by MEDITERRANEA DE CAMISERIA SL.

  12. Applicable law

    The applicable law in the event of a dispute or conflict of interpretation of the terms that make up this legal notice, as well as any question related to the services of this portal, shall be Spanish law.

Information related to the online dispute resolution of Art. 14, para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission offers consumers the opportunity to resolve disputes online under Art. 14 para. 1 of the ODR on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a website where consumers can try to reach settlements without going to court in connection with disputes arising from online purchases and service contracts.

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