This document establishes the General Conditions of Use by USERS accessing the www.animalots.com website owned by Animalots l'AmazÃ²nia de Girona S.L. (hereinafter Animalots) with Tax ID code: B17729195, registered offices at Calle Antoni VarÃ©s 8, bajos, 17007 Girona. Access to the Animalots website involves the unreserved acceptance of these General Conditions of Use.
1. INFORMATION PRIOR TO CONTRACT, AVAILABILITY OF THE CONTRACT CONDITIONS, CONTRACTING PARTY'S ACCEPTANCE, DOCUMENTATION AND INFORMATION FOLLOWING CONTRACT
These General Conditions of Use and the General Contract Conditions for the different services available to users on the Animalots website are permanently displayed on the Animalots website http://www.animalots.com and any user may file them, print them and, therefore, be previously informed of the conditions of website use and the contract conditions under which the different services are provided.
In terms of the products that the USER purchases, on receiving the purchase and within a period of no more than twenty four hours, Animalots will send a pro forma invoice with a description of the product or products purchased and the cost thereof (with a breakdown of any applicable taxes) to the e-mail address that the CONTRACTING PARTY indicates on the user registration form as the main form of contact. CONTRACTING PARTIES will also be permanently provided with these General Conditions and with all the General Contract Conditions for the different services and details of the specific services contracted and the validity period thereof, together with the invoices proving payment, in their private area. Any subsequent amendment made to these General Conditions or to the General Contract Conditions for the services will be clearly displayed in an easily accessible place on the website (http://www.animalots.com). All of the aforementioned documentation may be printed and filed by the CONTRACTING PARTY, who may request it at any time by e-mail using the contact form.
2. PURPOSE OF THE www.animalots.com WEBSITE
The Animalots website has been produced to offer animals and pets and their respective accessories and food products.
3. CONDITIONS OF ACCESS AND USEUse of the www.animalots.com website does not mean that USER subscription or registration is compulsory and is only necessary to contract services by entering certain data in the USER registration form, where these General Conditions of Use are repeated (see Clause 1 of these Conditions). The conditions of access and use of the Animalots website are strictly bound by current law and by the principle of good faith, USERS agreeing to make good use of this website. All actions in breach of the law and of the rights or interests of others: privacy rights, data protection, copyright, etc. are therefore forbidden. Animalots expressly and specifically forbids the following:
- any action taken on or through the website by any means that may damage the systems of Animalots or others in any way
- any type of direct or indirect advertising or commercial information without the due authorisation, spamming or mail bombing. Animalots receives notifications from different impartial organisations fighting this type of practice when a user or CONTRACTING PARTY of Animalots is involved in spamming that may damage the image and prestige of Animalots. Where Animalots receives these notifications, it will inform the CONTRACTING PARTY to immediately stop this bad practice. Animalots will not assess whether the addresses to which the CONTRACTING PARTY has sent spam were obtained with the authorisation of their owner but instead will act whenever an organisation fighting these activities informs of such - these organisations receive complaints from people receiving spam - and, therefore, where the CONTRACTING PARTY does not stop these practices, Animalots will immediately cancel the service and terminate these contract, reserving the right to take any legal action considered necessary to defend its interests.
The use of programmes designed to cause problems on or attack the internet is also expressly forbidden. Attempts to test the security of servers through any type of entry or action not strictly necessary for user access is also expressly forbidden.
Animalots may interrupt access to its website at any time if it detects any type of use that is in breach of the law, good faith or these general conditions - see Clause Seven.
The contents of the Animalots website have been produced and included by:
- Animalots itself, using internal and external sources, Animalots remaining solely responsible for the contents produced internally.
- USERS, through contributions or the voluntary inserting of contents, these remaining solely responsible for said contents and Animalots being expressly freed from all responsibility arising therefrom.
- individuals and companies outside Animalots, either through contributions inserted directly in the website or links, these remaining solely responsible for the contents inserted in this manner and Animalots being expressly freed from all responsibility.
Furthermore, the Animalots website provides USERS with products and services for sale by Animalots and by others that are subject to the General and specific conditions of each one. Animalots does not guarantee the truthfulness, precision or up-to-date nature of the contents relating to services offered by others and is expressly freed from all responsibility arising from any damages and prejudicial consequences from the lack of or errors in the characteristics of the services these other parties may offer.
USERS wishing to establish a link on their website to the Animalots website will not make illegal use or use against good faith of the information, services or products available on said website and USERS inserting a link specifically agree to:
- not destroy, damage or in any way alter the contents, services or products made available to USERS on the Animalots website
- not declare that Animalots is responsible for supervising the link or the contents of the website of USERS inserting a link to the Animalots website on their own website. Animalots will under no circumstances be responsible for the contents or services of the website of USERS including a link to the Animalots website.
- not include the name, trade name or any distinguishing sign belong to Animalots in their website without prior authorisation therefrom.
5. ANIMALOTS RESPONSIBILITY
5.1 Errors in connections, unforeseeable circumstances or force majeur: Animalots will not be responsible for errors, delays in access, delays in the system or any problem that may arise in relation to general internet problems, unforeseeable circumstances or force majeur or any other completely unplanned event that is, therefore, not included in the good faith of the company. Animalots agrees to try to solve these incidents using all the means available and offering all the necessary support to USERS to solve the incidents as quickly and as a satisfactorily as possible. Furthermore, Animalots will not be responsible for any faults that may arise for these reasons in the communications, deletions or incomplete transitions that do not guarantee that the website is operational at all times when these are due to matters not attributable to Animalots or where it is unable to solve them using the means available.
5.2 Use of the website: Animalots will under no circumstances be responsible for the errors or damages arising from the inefficient or malicious use of the service by the CONTRACTING PARTY. Animalots will not be responsible for greater or lesser consequences arising from the lack of communication between Animalots and the CONTRACTING PARTY where this is due to the malfunctioning of the e-mail provided or the falseness of the data provided by the CONTRACTING PARTY when registering as a user at www.animalots.com.
5.3 Responsibility: Animalots assumes the responsibilities arising from the provision of the services offered within the limits of and as specified in the different General Contract Conditions for the services made available to USERS.
6. USER RESPONSIBILITY
6.1 Good use of the service: USERS are compelled to make good use of the service and, therefore, not use it in bad faith for any practice forbidden by law or rejected by trading uses. Through these General Conditions of Use, as soon as it is reliably made aware of any illegal action or use by the USER, Animalots is authorised to inform the appropriate authorities of these circumstances and to unsubscribe the USER in question or restrict access thereof to the Animalots website. The USER will be solely responsible for any legal, judicial or out-of-court claims or action made by others damaged directly by the USER before the Courts and other bodies and will assume all expenses, costs and compensation that may be attributed to Animalots, where the claim is addressed against it. Animalots will also cooperate with and inform the appropriate authorities of these events as soon as it is made reliably aware of the fact that the damages caused constitute any type of illegal activity, especially with regards to the contents entered by the USER that may violate the rights or legitimate interests of Animalots or others.
6.2 Saving and safekeeping of passwords: USERS will be responsible for the security and confidentiality of the passwords used to access their private area that are granted upon registering as a USER to contract the different services and must keep them in a safe place in order to prevent access by unauthorised people.
6.3 Due diligence: USERS are responsible for carrying out all actions required with due diligence and USERS must be especially diligent insofar as the updating and truthfulness of their personal details are concerned, especially the e-mail address indicated in the USER registration form as the main form of contact with Animalots - see Clause 7 of these Conditions.
Animalots and the USER agree to communicate and inform of all events arising during the validity period of the different services contracted, preferentially and prior to any other form of communication, by e-mail. The Animalots e-mail address for these communications will be firstname.lastname@example.org and that of the CONTRACTING PARTY will be as indicated in the Animalots user registration form at www.animalots.com. USERS agree to keep this e-mail address operative and to modify it from their private area where necessary in order to continue receiving communications. On all accounts, in the event of any urgent problems or failures in previous communications, these will be replaced by telephone, fax, post, courier or any other type of appropriate system for the purpose sought. However, the preferential form of communications is e-mail, Animalots being exempt from all responsibilities arising from the lack of consultation or an error in the e-mail address provided by the USER. Each party is responsible for the saving and safe-keeping of the copies of communications made.
8. COPYRIGHT AND TRADE MARK
Animalots is a registered trade mark. Use by others of the Animalots trade mark in any medium, including the name and the logo, is forbidden without the express authorisation of Animalots. All rights reserved. The Animalots website - the contents thereof, the programming and the website design - are fully copyright protected and all reproduction, communication, distribution and processing of said protected elements is forbidden, without the express authorisation of Animalots.
9. JURISDICTION AND APPLICABLE LAW
These General Conditions are bound by Spanish legislation. They are specifically subject to that established in the General Contract Conditions Act 7/1988 of 13 April, the Consumer and User Defence Act 26/1984 of 19 July, Royal Decree 1906/1999 of 17 December 1999 governing Telephone or Electronic Contracting under general conditions, the Data Protection Act 15/1999 of 13 December, the Retail Trade Act 7/1996 of 15 January and the Information Society and E-Commerce Services Act 34/2002 of 11 July. The solving of any dispute or conflict arising from these general conditions will be the responsibility of the Courts and Tribunals of the place of residence of the CONTRACTING PARTY, where said party is considered a consumer. Otherwise, the Courts and Tribunals of Girona (Spain) will be applicable, the CONTRACTING PARTY waiving any other code of law that may apply.
In the event of any clause in this document being declare null and void, all other clauses will remain valid and will be interpreted with the will of the parties and the purpose of these conditions in mind. This contract will be signed solely in Spanish. Animalots may not exercise some of the rights and powers conferred in this document, which will, under no circumstances, involve their waiver, except where expressly acknowledged by Animalots.