I.- Ownership of the Portal
This legal notice sets out the general terms and conditions governing access to and use of the website that Agropharm® provides free of charge to Internet users through the domain agropharm.com.
Agropharm® is a registered trademark, owned by the company Agropharm Projects S.L., with tax identification number (CIF) B30927651 and address at C/ Los Alfareros, 70, 14540, La Rambla, Córdoba, registered in the Mercantile Registry of Córdoba, in volume 2832, page CO-43306, folio 66, 2nd entry.
Access to and use of the website implies full acceptance of these general terms and conditions in the version published at the time the user accesses it, notwithstanding the specific terms and conditions that may apply to certain and specific services of the website.
II.- General Terms and Conditions of Use
2.- Intellectual and industrial property. Hyperlinks
The intellectual property of the elements included in this website, including its source code, design, navigation structure, databases and other resources displayed, corresponds to Agropharm®, either by owning their exploitation rights (reproduction, distribution, public disclosure and transformation) or by having the required exploitation licences for their use.
The viewing, printing and partial download of the website’s content is solely and exclusively authorised if the following conditions are met:
Compatibility with the website’s purposes.
Sole intent to obtain the information for personal and private use. Its use for commercial, expert, legal or unlawful purposes is expressly prohibited.
Respect for the rights of the creator and the integrity of the website’s content, expressly prohibiting any modification thereof.
Some of the images on the website may come from third party websites or image banks. All of them are used in good faith and are published under licences that allow their commercial use free of charge or because the rights of transfer and use have been paid. In these cases, the author and source are appropriately specified, and the licence specified at the place of origin applies to them.
Agropharm Projects SL also owns the industrial property rights relating to its products and services. References to third-party products and services on the website do not imply the rights or responsibility for them, or any endorsement, sponsorship, or recommendation by the brand, unless expressly stated.
The non-authorised use of the information contained on the website, its resale, as well as the infringement of the intellectual or industrial property rights of Agropharm® or third parties will give rise to the legally established responsibilities.
Without the prior and express consent of Agropharm®, no link may be established to the Portal from any other website.
For the purposes of improving the services provided by the Website, Agropharm® reserves the right, at any point and without prior notice, to modify or update information contained on the Website, the configuration or design of such website or this legal notice, in addition to any other particular terms and conditions.
4.- Exemption from Liability
Agropharm® does not guarantee the non-existence of interruptions or errors when accessing the website or its content, although it commits to carrying out the utmost diligence and except in cases of force majeure, all those tasks aiming at rectifying errors, installing updates and re-establishing communication.
The owner of the website does not assume any liability whatsoever for the content, information or services from the website. Neither can it guarantee the absence of viruses or other elements that could lead to alterations to the user’s computer systems (hardware or software), documents or files, excluding liability for damages of any kind to the user due to this reason. The User is advised that communications over open networks are not secure. The User shall be responsible for the adoption of all the appropriate technical measures to reasonably control these risks and to prevent damage, loss of data and theft of confidential information from their equipment. To this end, the User must have up-to-date systems for detecting malicious software, such as viruses, Trojans, etc., as well as updated security patches for the corresponding browsers used. For further information, please contact your Internet Service Provider.
The Internet connection required to access the service is in no case provided by the Company owning the portal and is the responsibility of the User.
Likewise, the information society services offered on the Portal and not subject to prior contracting are offered to the user without any compensation and only entail the user’s obligation to comply with the rules of use established in this Legal Notice. Therefore, Agropharm® has no obligation, with respect to these services, to comply with certain levels of availability of the Portal or to adopt specific security measures. In addition, the owner of the website may suspend, withdraw or cancel in whole or in part the services not subject to contracting at any time and without the need for prior notice. The foregoing provision shall not affect those services that are limited to registered users, or which are subject to prior contracting, and which shall be governed by their specific conditions.
Likewise, Agropharm® shall not be liable for third parties’ use of the information published on its website, nor for any damages suffered or economic losses incurred that, directly or indirectly, produce or may produce economic, material or data damages, caused by the use of said information.
5.- Users’ participation. Obligations
Some sections of the website allow users to communicate by sending texts through the form provided for this purpose. The use of this communication option implies the knowledge and prior acceptance of the following conditions:
Respect for the current legislation, generally accepted morality and decency, public order and the present general conditions for access and use.
Submission of only lawful and truthful statements, in accordance with the aims and objectives pursued by the communication form.
Abstention from sending defamatory, libellous, offensive, insulting, racist, obscene, threatening or discriminatory content or links; as well as commercial, promotional or advertising content.
Likewise, users acknowledge:
That Agropharm® is not obliged to respond to queries or opinions submitted through these channels, it not being a valid means of notification, transfer of information or contracting and commissioning of professional services.
That Agropharm® does not guarantee, in any instance, the receipt of the contents sent by users, given that they are previously screened by an anti-spam filter and, in the event they are received, it will be according to the availabilities of the administrative service.
6.- Law and Jurisdiction
These general terms and conditions are governed by Spanish law.
Access to and use of the website agropharm.com is conditional to the express and prior waiver of any jurisdiction that may correspond to the users in the exercise of their rights in relation to the use and content of the web portal, expressly submitting themselves to the courts and tribunals of Montilla (Spain) for any discrepancy that may arise from its use.
In addition, according to Article 14.1 of Regulation 524/2013 on online dispute resolution in consumer matters, we inform you of the existence of an online dispute resolution platform provided by the European Commission, as well as the possibility of submitting your complaint through the platform by accessing the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
III.- Conditions for the provision of services provided between Agropharm® and the users of its online trading platform.
1._ Terms and Conditions of Contract. Pre-contracting information.
These terms and conditions of contract, together with any particular terms and conditions that may be established, shall expressly govern the relationships between Agropharm® and third parties (hereinafter, the “Users”) who contract the provision of the services or products offered through the Portal.
These General Terms and Conditions have been prepared in accordance with the provisions laid down in Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Terms and Conditions, Law 7/1996 on the Regulation of Retail Trade, Law 59/2003, of 19 December on Electronic Signatures and any other legal provisions that may be applicable.
Agropharm®, as a B2B specialised contractor exclusively sells to developers and professionals, expressly excluding the application of the Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Protection of Consumers and Users and other complementary laws.
The use of any of the services offered on the Portal entails the acceptance as a User, without any reservations whatsoever, of all the General Contracting Terms and Conditions, the General Terms and Conditions of Use of the Portal and, where applicable, the Particulars Terms and Conditions governing the acquisition, as the case may be.
Agropharm®, informs that no quotes are sent, and no offers are accepted, ruling out the contracting or provision of services through this website, which is for informational purposes only.