Legal advice


Ownership

Identity of the Controller: OPENCOCKPITS S.L.U.

Trade name: OPENCOCKPITS

CIF: B21466537

Adress: POLIGONO ROMERALEJO, NAVE 9, 21007, HUELVA, SPAIN

Email: sales@opencockpits.com

Registered in the Commercial Registry of Huelva, Volume 895, Book 0, of ​the BOOK OF COMPANIES, Folio 144, Sheet No. H-17677, Entry 1.

In this space, the user will be able to find all the information related to the legal terms and conditions that define the relationship between the users and us as the controllers of this website. As a user, it is important that you are familiar with these terms before continuing your navigation.


OPENCOCKPITS S.L.U., as the party responsible for this website, undertakes to process the information of our users and clients with full guarantees and to comply with the national and European requirements that regulate the collection and use of our users' personal data.


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.


General Conditions of Use

These General Conditions regulate the use (including mere access) of the web pages that make up the OPENCOCKPITS S.L.U. website, including the content and services made available on them. Any person who accesses the website, http://www.opencockpits.com (“User”) agrees to be bound by the General Conditions in force at any given time on the portal http://www.opencockpits.com/

These conditions do not create any contract of partnership, agency, franchise, or employment relationship between the Owner and the Users.

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


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.

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.

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.

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.

Personal data we collect and how we do it

Leer Read Privacy Policy.


Responsabilities

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.

Commitments and obligations of users

The user is informed and accepts that access to this website does not in any way constitute the beginning of a commercial relationship with OPENCOCKPITS S.L.U. The user therefore undertakes to use the website, its services and content without contravening current legislation, good faith and public order.


The use of the website for illegal or harmful purposes, or in any way that may cause harm or prevent the normal operation of the website, is prohibited. Regarding the content of this website, the following is prohibited:


  • Its reproduction, distribution or modification, in whole or in part, unless authorized by its legitimate owners
  • Any violation of the rights of the provider or the legitimate owners
  • Its use for commercial or advertising purposes.
  • When using the website, https://www.opencockpits.com/ The user undertakes not to carry out any conduct that could damage the image, interests and rights of or third parties or that could damage, disable or overload the portal https://www.opencockpits.com/ or that prevents, in any way, the normal use of the website.


However, the user must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, https://www.opencockpits.com/ cannot guarantee the absence of malware or other elements that may cause alterations in the user's computer systems (software and hardware) or in their electronic documents and files contained therein, although we use all necessary means and appropriate security measures to prevent the presence of these harmful elements.


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.


Security measures

The personal data communicated by the user to OPENCOCKPITS S.L.U. may be stored in automated or non-automated databases, the ownership of which corresponds exclusively to OPENCOCKPITS S.L.U., which assumes all technical, organizational and security measures that guarantee the confidentiality, integrity and quality of the information contained therein in accordance with the provisions of current data protection regulations. Communication between users and https://www.opencockpits.com/ uses a secure channel, and the data transmitted is encrypted thanks to https protocols, therefore, we guarantee the best security conditions so that the confidentiality of users is guaranteed.


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. ​


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.


Conflict resolution platform

We also make available to users the dispute resolution platform provided by the European Commission, which is available at the following link: http://ec.europa.eu/consumers/odr/


The user acknowledges and accepts that the entire website, including but not limited to the text, software, content (including the structure, selection, arrangement and presentation thereof), podcast, photographs, audiovisual material and graphics, is protected by trademarks, copyrights and other legitimate rights, in accordance with the international treaties to which Spain is a party and other property rights and laws of Spain.


In the event that a user or third party considers that there has been a violation of their legitimate intellectual property rights due to the introduction of certain content on the website, they must notify OPENCOCKPITS S.L.U. of this circumstance, indicating:


  • Personal data of the interested party who is the owner of the rights that have allegedly been infringed, or indicate the representation with which he or she acts in the event that the claim is submitted by a third party other than the interested party.
  • Indicate the content protected by intellectual property rights and its location on the web
  • The accreditation of the intellectual property rights indicated 
  • Express declaration in which the interested party assumes responsibility for the veracity of the information provided in the notification.


Exclusion of warranties and liability

OPENCOCKPITS S.L.U. does not provide any guarantee nor is it responsible, under any circumstances, for damages of any kind that may be caused by:

  • The lack of availability, maintenance and effective operation of the website, or its services and contents
  • The existence of malware, malicious or harmful programs in the content
  • Illegal, negligent, fraudulent or contrary use of this Legal Notice
  • The lack of legality, quality, reliability, usefulness and availability of the services provided by third parties and made available to users on the website.
  • The provider shall not be liable under any circumstances for any damages that may arise from the illegal or improper use of this website.


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. ​

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Legislation and applicable jurisdiction

In general, the relations between the users of its telematic services, present on this website, are subject to the legislation of SPAIN and the courts and tribunals of HUELVA.


Contact

In case any user has any questions about these Legal Conditions or any comments about the portal  https://www.opencockpits.com/


The legal notice was last updated on 11-7-2024