Legal advice

Legal advice



1. Ownership:

http://www.opencockpits.es/ and http://www.opencockpits.com they are domains managed by OPENCOCKPITS S.L.U. with CIF: B21466537 address in Poligono Romeralejo, Nave 9, 21007, Huelva, Spain. Commercial Register of Huelva , Tomo 895, Libro 0, LIBRO DE SOCIEDADES, Folio 144, Hoja nº H-17677, Inscription 1ª (Hereafter the Holder).

2.Acceptance and availability of the General Conditions of Uses:

By accessing the Website the User declares that he has read and accepts this Legal Notice with all its conditions of use.
In any case, this Legal Notice is mandatory and binding; Any person who does not accept their conditions must refrain from using the Website and / or the services promoted by the Owner, through it.
These conditions do not create any partnership, mandate, franchise, or employment relationship between the Owner and the Users.

This Legal Notice regulates the use of this Website, which makes the Owner available to the persons who access it in order to provide them with information about their own products and services and / or collaborating third parties, and to facilitate their access and contracting. the same.

3. Applicable standards:

This Legal Notice is subject to the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data, its Development Regulation, RD 1720/07, Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) data), Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, Royal Decree-law 13/2012, of March 30, whereby directives are transposed in the field of markets interiors of electricity and gas and in terms of electronic communications, and by which measures are adopted to correct deviations due to imbalances between the costs and revenues of the electricity and gas sectors, Law 3/2014, of March 27, by which modi fica the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, Law 26/1984, of July 19, General for the Defense of Consumers and Users, Royal Decree 1906/1999 which regulates telephone or electronic contracting, Law 44/2006, of December 29, to improve the protection of consumers and users, Directive 2011/83 / EU of the European Parliament and of the Council, of October 25, 2011, on the rights of the consumers, the Law 7/1998, of April 13, on General Conditions of Contracting, of December 17, 1999, by which regulates Telephone or Electronic Contracting with general conditions, Law 17/2009, of November 23, on free access to service activities and their exercise, Law 7/1996, of January 15, on Retail Trade Regulation, as well as any subsequent regulations that modify or develop them.
Both the access to the Website owned by the Owner and the use that may be made of the information and contents included therein shall be the sole responsibility of the person who carries it out. The conditions of access to the Website will be subject to current legislation and the principles of good faith and lawful use by the User thereof, being prohibited in general any type of action to the detriment of the Owner. The use of the Website for illegal or unauthorized purposes will be considered strictly prohibited.

4. Modification of the General Conditions of Use:

The Owner reserves the right to modify, at any time, the presentation and configuration of the Website, as well as this Legal Notice. Therefore, The Owner recommends the User to read them carefully each time he accesses the Website. You will always have the Legal Notice in a visible place, freely accessible for all queries you want to make.

5. Description of services:

http://www.opencockpits.com/ is the Owners Website and serves as a tool for general information about the Club as well as for contracting the services and products offered.

6. Registration:

In order to make purchases of products it is necessary to register in advance. By registering as a Registered User you confirm that you are a person of legal age, with the capacity to contract or have the express authorization of your legal guardian and that (hereinafter also referred to as the "Registered User") you accept all the conditions of this Legal warning. Once registered, the User may make the purchases of the products they choose, being subject to the specific terms and conditions.
The user ID will consist of your email address and a password. The password must be composed of at least 4 characters. We recommend the use of a secure password that contains a greater number of characters, not using common words or names, and combine uppercase, lowercase, numbers and symbols.
The use of your identifier and password are personal and non-transferable, not being allowed, even temporary, to third parties. In this sense, the User undertakes to make diligent use and to keep them secret, assuming all responsibility for the consequences of their disclosure to third parties. In the event that a user knows or suspects the use of your password by third parties, you must notify us immediately.
The Owner may interrupt the service to any User who makes unethical, offensive, illegal, or incorrect use of the contents or services of this Website and / or contrary to the interests of the Owner.
It also reserves the right to reject any application for registration or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or restitution.

7. Termination:

The Owner reserves the right to interrupt or cancel the Website or any of the services therein, at any time and without prior notice, for technical or other reasons, and may also unilaterally modify both the access conditions, as all or part of the contents included therein without prejudice to the rights acquired at that time.

8. Responsibilities:

The links contained in the Website may direct to third-party Websites. The Owner assumes no responsibility for the content, information or services that may appear on these sites, which will be exclusively informative and in no case imply any relationship between the Owner and the persons or entities that hold such content or owners of the sites where they are.

The Owner is not liable under any circumstances for any type of damage that Users may cause to this Website, or any other, for the illegal or improper use thereof, or the contents and information accessible or facilitated through she.
The Owner will not be responsible for the infractions made by users of its Web that affect third parties.
The Owner does not guarantee the reliability, availability or continuity of its Website or the Services, so the use of the same by the user is carried out at your own risk, without, at any time , the Holder may be held responsible for that.
The Holder shall not be liable in case of interruptions of services, delays, malfunctions thereof and, in general, other inconveniences that have their origin in causes beyond the control of the Holder, and / or due to a fraudulent or the users fault and / or originates causes of unforeseeable circumstances or force majeure. Without prejudice to what is established in article 1105 of the Civil Code, will be understood included in the concept of force majeure, in addition, and for the purposes of this Legal Notice, all those events that occurred beyond the control of the Holder, such as: third party failure, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a consequence of natural phenomena, power cuts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that the Owner has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, the Holder will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.
The Owner will try as much as possible to update and rectify the information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it informs that there may be any type of error without intentionality and the User is free to contrast the content. In this sense, the Holder has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Users or collaborators, except in cases where required by current legislation or when required by a Judicial Authority or Administrative competent.
The Owner can not be held responsible for the use of this Website by outsiders or references that may exist in third-party sites.

The Owner will ensure at all times that the products offered meet the highest quality and facilitate returns or changes if a product does not satisfy the Users for any appropriate reason. Each buyer will be responsible for reading and following the rules of use of those products that contemplate them and therefore will be responsible for any damage that may be caused by not respecting those standards. The Owner will not be responsible in any case for the improper use of any of the products. The information contained in the indications of these products can not under any circumstances be considered as a guarantee basis, nor object of responsibility.

9. Compensation:

The Users will hold the Holder harmless for any claim or demand from third parties related to the activities promoted within the Website or for the breach of the General Conditions of Use and other policies that are understood to be incorporated into this document, or for the violation of any laws or rights of third parties.

10. Nullity and ineffectiveness of the Clauses:

If any clause included in this Legal Notice or the rest of the legal and informative text of the Website is declared, totally or partially, null or ineffective, such nullity or inefficacy will affect only that provision or the part of it that is null or void. ineffective, remaining the rest of conditions established in everything else, having such disposition, or the part of it that was affected, by not included.

11. Notifications:

All notices, requests, requests and other communications that have to be made by the parties in relation to this Legal Notice or other legal and informative texts, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or to the electronic mail of the other party, or to any other address or electronic mail that for this purpose each party may indicate to the other.

12. Intellectual and Industrial Property:

The intellectual property rights of this Website, its source code, design, navigation structures and the various elements contained therein are the exclusive property of the Owner to whom the exercise of the rights to exploit them in any way corresponds, and in special rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European Union legislation.
It is totally forbidden the total or partial reproduction of the contents of this Website without express consent in writing by the Holder. The unauthorized use of these contents by any other person or company will give rise to the legally established responsibilities.
The Holder will commercialize the products with the Registered Trademarks and with their own trademarks. Being the legitimate owner of the Registered Trademarks and the material for the promotion of the product.
The Holder may also display or commercialize Registered Trademarks of third parties on the Website. These are the legitimate owners of the Registered Trademarks and of the promotional material that they can make available for the promotion of the product and grant the Holder the necessary authorization for the use of the same without considering in any case an assignment of their property, being this one the exclusively responsible for any lawsuit filed by third parties in relation to the use of the Trademark, exempting the Owner from any responsibility for intellectual property rights. Any type of exploitation, including any type of reproduction, distribution, assignment to third parties, public communication and transformation, by means of any type of support and medium, of the aforementioned works, creations and distinctive signs without prior and express authorization of their respective is prohibited. Headlines. Failure to comply with this prohibition may constitute an offense punishable by current legislation.
It is prohibited, except in cases expressly authorized by the Owner to present this Website or the information contained therein under frames or frames, distinctive signs, trademarks or social or commercial names of another person, company or entity including expressly the content photographic that is considered the exclusive property of the Owner. The infringement of any of the aforementioned rights may constitute a violation of these conditions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code. Users who send to the Website observations, opinions or comments through the electronic mail service or by any other means, in the cases in which the nature of the services is possible, it is understood that they authorize the Owner for the reproduction , distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is legally envisaged and without territorial limitation. Likewise, it is understood that this authorization is made free of charge.

13. Jurisdiction:

For any questions that arise on the interpretation, application and compliance with this Legal Notice, as well as the claims that may arise from its use, all the parties involved submit themselves to the Judges and Courts that correspond according to their jurisdiction.

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