Terms & Conditions

FRANCESC MACIÀ 10
Terms of use

We inform you that the website francescmacia10.com (the “Website” or “Site”) is operated by P. FRANCESC MACIÀ 10, S.L. (here in after, “PFM10”, “we”, “us” or “our”), with Tax I.D. Code (“C.I.F.”) B63402606, entered at the Commercial Registry of Barcelona on volume 36204, folio 0192, Page no. B-280771, and registered office at Barcelona, Avda. Diagonal, 469, 5-2. You may contact us by sending an e-mail through the e-mail button available at the Website or by sending an e-mail to the following e-mail address info@francescmacia10.com.

“You” and “your” means you as the user of our Website.

By using this Site and the services herein provided, you agree to comply with and to be bound by the following terms of use (hereinafter the “Terms”). Please read them carefully

USE CONDITIONS

By using our Site you get a user status (hereinafter the “User”). To be a User involves the total acceptance without waiver of all the rules and policies published on the Site; including these Terms, the Cookies Policy and any policy published at the Website (hereinafter, the “Policies”). Additionally, you agree to use this Site in compliance with any applicable law. If you do not agree to these Terms and all related Policies do not use this Site. To the extent that you fully comply with the Terms and the Policies you are authorised to use the Site.

We may modify the Terms or the Policies at any time and it is your responsibility to check their content. Please review the Terms and Policies regularly to ensure that you are aware of any changes made. Using the Site means that you agree to be legally bound by the current, and amended versions of the Terms and Policies. In case of disparity between prior versions of the Terms and/or Policies and their updated versions, the latter shall prevail.

You are not entitled and should not use the Site: (i) for the posting, uploading, emailing or other transmission of any abusive, defamatory or obscene material which would harass, distress or cause inconvenience to any person and/or would infringe his rights or inhibit his use and enjoyment of the Site; (ii) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotion, material, “junk mail”, “spam”, “chain letter”, “pyramid scheme”, or any other form of solicitation or commercial exploitation; (iii) to create a database electronic or otherwise including material downloaded or otherwise obtained from the Site; (iv) to transmit or re-circulate any material obtained from the Site to any third party; (v) to obtain or attempt to obtain materials, documents or information from the Site through any means not purposely made available in the Site through automatic devices such as “deep-links”, “page-scarps”, “robots”, “spiders” or any similar means; (vi) to access, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure of the Site or any content; (vii) to upload or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment by any means. We reserve the right to bar any such activity or material; or (viii) to use any portion of the Site, by any means, to link to an internal or subsidiary page of the Site that is placed one or several levels down from the home page (deep linking) or to present Content of the Site within another website (framing).

CONTENTS DISCLAIMER

The materials provided in the Site are intended for informational purposes only and is not intended to constitute an offer or solicitation. Images, 3D representations and plans reproduced are representations made by computer and are only indicative of the project to be performed. PFM10 reserves the right to change any or all of the elements in the interest of the project. Amenities and features listed are subject to change or deletion as per the discretion of PFM10.

Please, be aware that any purchase related to the project contained in the Site shall be governed by an independent and valid contract between the parties. Nothing in this Site shall in any way govern the content of an independent purchase agreement.

Our goal is to keep all the contents of the Site timely and accurate. If errors on the content of the Site are brought to our attention, we will try to correct them as speedily as possible. However, we accept no responsibility or liability whatsoever with regards to the exactness of the contents published on the Site.

We reserve the right to actualise or delete any contents of the Site, as well as limit or deny the access to any User either temporally or permanently. Notwithstanding the above, this disclaimer is not intended to limit our liability in contravention of any requirements laid down in applicable national law or to exclude our liability for matters which may not be excluded under that law.

USE OF THE SITE CONTENT

All the contents published in the Site, including without limitation copyrights, rights similar or related to copyrights or to the sui generis right over data bases, patents, utility models, industrial designs, graphics, source code, texts, pictures, photographs, trademarks, trade names, logos, slogans, domain names, social profiles, interfaces, music and/or audiovisual works, trade secrets and know-how, whether registered, applied for or not registered (hereinafter, the “Contents”), are owned or licensed by PFM10 protected by all applicable industrial and intellectual property law, including unfair competition laws.

Unless otherwise specified in the Site, Users are not allowed, by any means, to reproduce, distribute, transform or communicate the Content to the public. Even if expressly authorised, any use of the Content must comply with the Terms and any and all related and applicable instructions and Policies.

The Site may provide links to independent and external third parties’ websites (hereinafter, “Third Parties’ Sites”). PFM10 includes these links to give Users the opportunity to access other websites that may be of their interest. Third Parties’ Sites are out of our control and we do not assume any responsibility about the content provided by Third Parties’ Sites. Therefore, the fact that the Site contains links to Third Parties’ Sites does not mean that PFM10 has by any means approved or agreed to the contents or information there published. Consequently, we do not assume any liability for the contents or information published by Third Parties’ Sites. Your access to Third Parties’ Sites will be made under your sole responsibility.

PUBLISHING CONTENT IN THE SITE

If you upload or otherwise submit content to PFM10 or the Site, you agree to grant PFM10 a free worldwide license to reproduce, distribute, modify and communicate to the public such content.

PFM10 does not accept or consider any unsolicited idea, original creative work, suggestions or other work, including ideas for new advertising, campaigns, new promotions, new or improved products or technologies, processes, materials, marketing plans or new product names, among others, sent to PFM10 or its employees through the Site, per e-mail or by any other means. The aim of this general policy is only to avoid potential misunderstandings or disputes when PFM10 products or marketing strategies seem similar to submitted ideas. We will automatically destroy without previous access any unsolicited material sent to PFM10.

PRIVACY

Visiting our Website does not imply any obligation to provide any type of information. Protecting your privacy is of utmost importance to us. Should you provide any personal information via the Website, the data collected via the Website will be used in the manner, for the purpose and subject to the restrictions and rights set forth in Personal Data Protection Organic Law 15/1999 of December 13, 1999 (“LOPD”), and its implementing regulations.

The data collected via the Website’s data collection form to receive specific information or replies to questions made to PFM10 (the “Contact Form”) will be included in such personal data filing system. The storage of your data fulfils the main purpose of recording your query and being able to offer you a suitable response and also improve the services we offer.

When providing your data on the Contact Form you are giving your consent to the storage of your data in our filing systems. All the data marked with an asterisk on the form must be completed for your query to be admitted. We do not request any information that is deemed specially protected data under the legislation in force, or any type of economic data. The Company warrants that the data provided will not be accessible by any person unrelated to the company and that they will only be shown at the request of the properly evidenced data subject. The Company will not disclose your personal data to third parties.

You may access Your data stored on our filing systems at any time, and may rectify, cancel or object to that data (“ARCO Rights”). You may exercise your rights by sending an e-mail to info@francescmacia10.com or a letter to P. Francesc Macià 10, S.L., Avda. Diagonal 469, 5-2, 08036 Barcelona (Spain). In all cases you must evidence your identity with a photocopy of your valid ID document or passport in order to exercise your ARCO Rights.

DISCLAIMERS

PFM10 is not obliged by any means to run the site or to provide the contents hosted in the site. Both the hosting of the site and the provision of contents may be cancelled, suspended or temporarily suspended at any time without previous notice. PFM10 does not warrant either the site or the contents to be free of errors, defects, virus, or to be provided without interruptions. PFM10 does not assume any responsibility for any direct or indirect damages you may suffer as a result of the suspension or cancellation of the site and/or the deletion of its content, in whole or in part.

The contents of the site are of a general informative character and therefore may be insufficient for you to reach a personal or business decision. To the maximum extent allowed by applicable law, PFM10 is under no obligation to prove the veracity, accuracy, suitability, completeness and currency of the contents. You agree that the use of the site and/or the contents is at your sole risk and that the site is provided to users on an “as-available” basis. Therefore, PFM10 makes no warranty of any kind, express or implied, as to the site or the contents, including, but not limited to, merchantability, non-infringement or fitness for a particular use or purpose. To the extent permitted by applicable law, PFM10 does not assume any liability for the decisions you reach through the information provided on the site nor about the direct or indirect damages you may suffer as a result of actions based on the site or the contents.

PFM10 does not assume any responsibility about the damages caused to your hardware, software, and/or data by any virus or any other malicious content and/or software. It is your sole responsibility to install on your computer the necessary tools to detect and avoid any damage to your computer, hardware, software and/or data.

Under no circumstances shall PFM10 be liable to users for any direct or indirect damages (including incidental, consequential, special, punitive or exemplary damages when admitted by applicable law) arising from the use of the site or the content or the inability to use the site or the content, including without limitation loss of revenue or business. Some jurisdictions do not allow limitations of liability so this limitation will be applicable to you only to the extent permitted by applicable law.

COOKIES POLICY

Our Website uses technology known as “cookies” in order to gather information on the use of the Website.

We use these cookies to facilitate your use of the Website, distinguish you from other users, offer you a better user experience and identify problems in order to improve our Website. Should you give your consent, we will use cookies that enable us to gather more information on your preferences and tailor our Website to your individual interests.

The purpose of this cookies policy is to provide you with clear and precise information on the cookies that are used on our Website (the “Cookies Policy”).

Should you wish further information on the cookies used on our Website, or should you have any queries, comments or suggestions about the Cookies Policy, please write to: info@francescmacia10.com.

A cookie is a file that is downloaded on your computer (or mobile device) in order to store data that can be updated and recovered by the entity responsible for installing it.

Information gathered using cookies can include the date and time of visits to the Website, the pages viewed, the time spent on the Website and the sites visited just before and just after it.

Our Website uses the cookies described below:

In-house cookies: these cookies are sent to your computer and managed solely by us to ensure the better functioning of the Website. The information gathered is used to improve the quality of our service and enhance your user experience. These cookies remain in your browser for longer, allowing us to recognise you as a repeat visitor to the Website and adapt its content to offer you content in line with your preferences.

Required technical cookies: the cookies are required in order to allow navigation in our Website and make proper use of their applications / services (e.g., to identify the session; access to restricted parts; remember the items in an order; make the buying process in an order; to register at an event; use the security features while browsing; store content for broadcast video, sound or share content via social networks, etc.). Some of them are strictly necessary to use certain features of it (e.g. cookies to remember if the user has given his approval or not of the cookie policy), and you cannot refuse when you are browsing the Website.

JURISDICTION AND GOVERNING LAW

These Terms and conditions shall be governed by the laws of Spain. Any dispute arising from matters relating to the Site shall be exclusively subjected to the jurisdiction of the courts of the city of Barcelona. This choice of law and forum shall not affect your rights as a consumer.