ProductsThe launch of a new concept of pool14/02/2014
At MON de PRA we are preparing to launch a new model of pool that will revolutionalise the pool industry and which will be available to all our clients from the 14th of February 2014.
The MON de PRA Group has always been known for its constant innovation in the design of one piece pools, always considering how to satisfy the changing needs of its clients.
This overhaul is reflected in the updating of all our logos and the creation of a new website and corporate catalogues which are more client-orientated, designed to guide clients and help them choose the best pool...
The 11th Swimming Pool Show of Barcelona, with stands from 26 countries and more than 17,000 visitors, reaffirmed itself as a global leader in the field of residential pools, wellness and aquatic installations, not only for the quality of its...
GENERAL CONDITIONS OF USE FOR THE PISCINAS MON DE PRA WEBSITE
This document sets out the General Terms and Conditions of Use for users that access the website www.piscinesmonderpa.com, owned by PISCINAS MON DE PRA (hereinafter referred to as the PROVIDER) with Tax Identification Number B17316068, domiciled in AVDA. MAS PINS 153, 17457 RIUDELLOTS DE LA SELVA, registered in Companies House of GIRONA on 18-11-1991, Volume 151, Folio 93, Sheet No. GE-2748, Register 1ª. Access to the website by the PROVIDER implies unreserved acceptance of the General Conditions of Use thereof.
1. INFORMATION PRIOR TO BUSINESS, AVAILABILITY OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS, ACCEPTANCE BY THE CONTRACTOR, DOCUMENTS AND INFORMATION SUBSEQUENT TO BUSINESS:
The General Terms and Conditions of Use and the General Contracting Conditions for the different services available to the USER on the website of the PROVIDER www.piscinesmondepra.com are permanently displayed on the PROVIDER’s website www.piscinesmondepra.com, and users can store them, print them out and, therefore, have prior notification of the Conditions of Use of the website as well as the Contracting Conditions which shall govern the different services provided.
Furthermore, these General Terms and Conditions are repeated each time a user logs on to the website using the form for the purpose of providing their express acceptance as the CONTRACTOR, by clicking on ‘I have read and accept the conditions.’
It is not technically possible for the USER to complete the registration process as a user on WWW.PISCINESMONDEPRA.COM without acceptance of the General Terms and Conditions. Registration as a USER involves the PROVIDER sending a username and password so that the exclusive USER area can be accessed, which is private and secure, and from which specific requests for services can be made that users want to contract. These services shall be governed by its particular General Contracting Conditions.
The USER declares to be of legal age, to have legal capacity to contract a service and to have read, understood and accepted these General Terms and Conditions.
With regard to procurement of services that the USER undertakes, the PROVIDER, at the time of procurement and in a time period not exceeding twenty-four hours, will send to the email address that the CONTRACTOR specified in the user registration form as the main means of contact, a receipt delivery note or invoice with a description of the service procured -cost-itemized for tax if necessary- and the time period of the duration of the procured service to confirm the service request.
Furthermore, the CONTRACTOR will still have permanent access in their private user area to both the existing General Terms and Conditions as well as all the General Contracting Conditions for the different services they have procured and the duration thereof along with the invoices as proof of payment.
Any subsequent amendments to the existing General Terms and Conditions or the General Contracting Conditions, will, on one hand, be notified to the CONTRACTOR fifteen days in advance, by displaying them clearly in an easily accessible place on the website WWW.PISCINESMONDEPRA.COM. All documents mentioned above can be printed and stored by the CONTRACTOR, who can also request them at any time via email INFO@PISCINESMONDEPRA.COM or telephone +34 972 477 720.
2. PURPOSE OF THE WEBSITE WWW.PISCINESMONDEPRA.COM:
The website of the PROVIDER has been created to provide professional Internet services and facilitate access by USERS to all information about the characteristics thereof, about the PROVIDER’s organisation and about other complementary information that the PROVIDER posts directly or through the corresponding links. From the PROVIDER’s website, users can procure and manage the services offered.
3. CONDITIONS OF ACCESS AND USE:
Use of the website WWW.PISCINESMONDEPRA.COM does not imply mandatory registration by the user. Registration will only be necessary to procure services by entering certain data in a USER registration form where the existing General Terms and Conditions of Use are repeated; see clause 1 of these General Terms and Conditions. The conditions of access and use of the PROVIDER website are strictly governed by the law and the principle of good faith and the USER agrees to use the website properly.
All acts that infringe upon the law, rights or interests of third parties, the right to privacy and honour, data protection, intellectual copyright and, ultimately, any action that could constitute unlawful conduct are prohibited. Specifically and without limitation the PROVIDER prohibits the following:
- Performing actions that may damage the website or damage the systems of the PROVIDER, or third parties, through the website by any means.
- Conducting without proper authorisation any advertising or commercial actions directly or covertly, sending mass unsolicited emails (‘spamming’) or sending large messages to block network servers (‘mail bombing’).
THE PROVIDER receives notifications from different impartial organisations that fight against the use of such practices when a user or CONTRACTOR of the PROVIDER sends mass undesired spam. If the PROVIDER receives these notifications they will notify the CONTRACTOR so that these malpractices are stopped immediately. THE PROVIDER will not take part in an analysis of whether the email addresses to which the CONTRACTOR has sent emails were obtained with the consent of the owner, but will always act when an organisation dedicated to combating these activities notifies them to this effect; these organisations receive complaints from persons who receive unsolicited emails, and, therefore, if the CONTRACTOR does not stop these practices the PROVIDER will immediately cancel the service and will terminate the contract, reserving the right to take any necessary legal action to defend their interests.
- Furthermore, the use of programs designed to cause problems or network attacks is expressly prohibited. Attempting to test the security of servers by performing any input or action that is not strictly necessary for the enjoyment of the user is also expressly prohibited.
THE PROVIDER may, at any time, obstruct user access to its website if it detects use that is unlawful, not in good faith or in breach of the General Terms and Conditions, see clause 7.
The contents of the PROVIDER’s website have been created and included by:
- The PROVIDER’s organisation using internal and external sources, so that the PROVIDER is solely responsible for the content created internally.
- USERS through collaborations or the voluntary entry of content, rendering them solely responsible for the aforementioned contents and expressly exempting the PROVIDER from any liability that may arise thereof.
- Natural and legal persons independent of the PROVIDER, or through collaborations that are included directly in the website, through links, rendering these individuals solely responsible for the contents entered and expressly exempting the PROVIDER from any liability as specified by Spanish law.
In addition, through the PROVIDER’s website, the USER has at their disposal marketed products and services of both the PROVIDER and third parties, which are subject to the particular General Terms and Conditions of each one.
THE PROVIDER does not guarantee that the contents relative to services offered by third parties is truthful, accurate or up-to-date, and is expressly exempt from all liability for damages arising from the failure of, or errors in, the characteristics of the services that are provided by these third parties.
Users who wish to set up a link on its website to the PROVIDER’s website will not make any use that is illegal or contrary to good faith as regards the use of the information, services or products that are available on the aforementioned website; specifically the user that includes a hyperlink or link agrees to the following:
- Not to destroy, damage or alter in any way the contents, products or services made available to the USER on the website of the PROVIDER.
- Not to declare that the PROVIDER assumes oversight of the hyperlink or website content of the USER who includes a link to the PROVIDER’s website from their own website. THE PROVIDER shall not be liable in any way for the content or services of websites directed at the USER where a hyperlink or link to the website of the PROVIDER is included.
- Not to include in their own website the brand, trade name or any distinctive sign belonging to the PROVIDER without prior authorisation by the organisation.
5. PROVIDER LIABILITY
5.1. Errors in connections, force majeure and fortuitous events: The PROVIDER will not be liable for any errors, delays in access, delays in the system or any anomalies that may arise in relation to general Internet problems, causes of unforeseeable circumstances or force majeure, or any other totally unpredictable contingency and which are, therefore, independent of the company’s good faith. The PROVIDER agrees to try to solve those problems using all means at their disposal and providing all necessary support to the USER to resolve incidents as quickly and effectively as possible.
Also, the PROVIDER will not be responsible for failures due to these causes that may occur in communications, erasure or incomplete transitions in such a way that does not ensure that the website will be operative at all times when operating issues should not be attributed to the PROVIDER, or that the PROVIDER is not able to resolve with the available means. The USER waives any liability in relation to the PROVIDER in the event that one of these causes occurs.
5.2. Use of the website: the PROVIDER shall not be liable in any way for any errors or damages caused by inefficient use of, or bad faith in relation to, the service by the CONTRACTOR. The PROVIDER will not be liable for major or minor consequences for the lack of communication between the PROVIDER and the CONTRACTOR when it is attributable to the email provided not working or falsity of data provided by the CONTRACTOR in their user registration at www. PISCINESMONDEPRA.COM.
5.3. RESPONSIBILITY: The PROVIDER is responsible for anything arising from the provision of the services offered within the limits and as specified in the different General Contracting Conditions for the services put at the USER’s disposal.
6. USER RESPONSIBILITY:
6.1. Proper use of the service: The USER is required to use the service properly and, therefore, not use it in bad faith for any practice that is prohibited by law or rejected by commercial use. The PROVIDER is authorised by these General Terms and Conditions of Use, from the time they have reliable knowledge of any act or illegal use in general by the USER, to inform the competent authorities of the circumstances and unregister the USER or restrict their access to the PROVIDER’s website. The USER shall be solely liable for any complaints or legal, judicial or extrajudicial action initiated by third parties directly harmed by the user before the courts or other organisations, and shall assume all costs, expenses and compensation that the PROVIDER may be faced with, if the complaint is directed at the PROVIDER. Furthermore, the PROVIDER will cooperate with and notify the competent authority of these incidents when they have reliable knowledge that the damage constitutes any kind of illegal activity, especially in relation to content entered by the USER which may infringe upon the rights or legitimate interests of the PROVIDER or third parties.
6.2. Reliable knowledge: the PROVIDER, in the event of receiving information from a third party on the alleged illegality of any content or activity conducted by a USER of the PROVIDER’s services, provided that such information is notified by a correctly-identified person, the user will be informed and, if the activity is manifestly unlawful, the service in question will be blocked. For this activity to be manifestly unlawful, the fact that it is unlawful should be apparent to anyone who accesses the web content. In specific cases such as copyright, libel or slander the PROVIDER is not able to decide whether or not the USER has the right to display these contents or whether they constitute libel or slander; only the competent authority can reliably dictate the wrongfulness and, therefore, order the service to be stopped.
6.3. Guardianship and custody of passwords: The USER is responsible for keeping secure and confidential all passwords that are used to access their private area, when they register as a USER to contract the different services, and they must be stored in a safe place to prevent access by unauthorised third parties.
6.4. Due diligence: The USER is responsible for performing all actions that are required with due diligence; in special circumstances, the user must be diligent in regards to updating and ensuring the accuracy of their personal data, mainly the email address indicated in the USER registration form as the main form of contact with the PROVIDER; see clause 8 of the General Terms and Conditions.
The PROVIDER and the USER agree to notify and report all incidents that occur while different contracted services are in effect, preferably via email in favour of any other form of communication. The PROVIDER’s email address for this type of notification is INFO@PISCINESMONDEPRA.COM and the CONTRACTOR’s email address is that provided in the PROVIDER’s user registration form on the website WWW.PISCINESMONDEPRA.COM. The user agrees to keep this email address operative and change it in their private area, if necessary, in order to continue receiving communications. In any event, if any urgent problem or failure occurs with this form of communication, communications will be made using phone, fax, mail, courier or any other appropriate system for the aim in question. However, the preferred means of communication is email, and the PROVIDER shall be exempt from all liability that may arise from the lack of consultation or error in the email provided by the user. Each party shall be responsible for keeping a copy of communications made.
8. COPYRIGHT AND BRAND:
The PROVIDER is a registered trademark. The independent use by any means, which includes both the name and logo of the PROVIDER’s brand is prohibited without the express consent of the PROVIDER. All rights reserved. In addition, the PROVIDER’s website -own content, programming and design of the website- is fully protected by copyright, and the reproduction, communication, distribution and processing of those aforementioned protected elements is prohibited without the PROVIDER’s express consent.
9. JURISDICTION AND APPLICABLE LAW:
These General Terms and Conditions are governed by Spanish law. In particular, they are subject to the provisions of Law 7/1988 dated 13 April on General Contracting Conditions, Law 26/1984 dated 19 July, General Law for the Defence of Consumers and Users, Royal Decree 1906/1999 dated 17 December 1999, which regulates Telephone or Electronic Business with General Terms and Conditions, the Organic Law 15/1999 dated 13 December on Personal Data Protection, Law 7/1996 dated 15 January on Retail Trade Mangement, and Law 34/2002 dated 11 July on Information Society Services and Electronic Commerce. Any controversy or dispute arising from the General Terms and Conditions will be resolved in the Courts of GIRONA, expressly waiving any other place of jurisdiction that may correspond to the CONTRACTOR.
In the event that any clause in this document is declared invalid, the remaining clauses will continue to be legally valid, and will be interpreted taking into account the will of the parties and the end purpose of the General Terms and Conditions. This contract is exclusively in Spanish (ENTER OTHER LANGUAGES), Galician, Portuguese, Catalan and English. The PROVIDER may decide not to exercise any of the rights and powers conferred herein, which does not imply the waiver thereof, unless expressly recognised by the PROVIDER. The General Terms and Conditions are registered in the General Register of Terms and Conditions to ensure transparency and security throughout the entire process.
IN ADDITION, USERS WHO HAVE ARE A REGULATED PROFESSION (DOCTOR, LAWYER) OR NEED SPECIFIC AUTHORISATION TO EXERCISE THEIR ACTIVITY MUST INDICATE AS SUCH.