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Legal notices and conditions of use

   

        1. pre-installation information 2.- object of the web

3. conditions of access and use 4.- on the contents

5. protection of personal data 6.- responsibility of the company

7. liability of the user 8.- communication client

9. rights of authorship and mark 10-warranty offered on products

11.-applicable law and jurisdiction 12.-

final several aspects

 

 

1. information on

This document establishes the General conditions of use by users (clients) that are accessing the web sites: www. and motortool.es www.motortool.pt , property of MOTORTOOL, S.L. with CIF: B90095431-. Registered in the Registro Mercantil de Sevilla, tomo:5757; Folio:80 seccion:1ª sheet-98780 registration 1 with registered address at C / love, 4. 41006 Sevilla.

Access to web sites: www. motortool.es and www.motortool.pt implies unreserved acceptance of the present general conditions of use.

 

These terms of use, as well as the General conditions of purchase of the various articles that are available to the user in the web site are exposed on a permanent basis, can any user file them and print them, allowing you to be previously informed of the conditions of use of the web site, as well as the conditions of purchase.

These general conditions are also reiterated whenever a user registers on the website form which exists to the effect to its express acceptance by the user via a click in "I read and accept the conditions".  It is not technically possible that user can terminate registration at www. and motortool.es www.motortool.pt unless the acceptance of the present general conditions have occurred.

The user declares to be of age, have sufficient capacity to purchase and have read, understood and accepted these terms and conditions.

 

2.- object of web sites: www. and motortool.es www.motortool.pt

The web site has been designed by Motortool, S.L. to sell specific items for engines and vehicles in general, facilitating access by users to information about the properties and characteristics of the products that are offered and other information considered to be of interest to users, who the company includes directly or through the corresponding specifications of factory and links or links.

 

3. conditions of access and use :

The use of web sites: www. motortool.es and www.motortool.pt do not carry mandatory registration or user registration. This registration will only be required to purchase the items exposed through the introduction of certain data in a form of user registration are reiterated where the present general conditions of use - see paragraph 1 of the present document . Conditions of access and use of the web site of the company are strictly governed by the rule of law and the principle of good faith, committing the user to make good use of the web site. They are therefore banned all acts that violate the legality, rights or interests of third parties, right to privacy and honour, data protection, intellectual property and ultimately any action which may constitute unlawful conduct. The company may interrupt at any time the access to its website if it detects any use contrary to the law, good faith or these general conditions.

 

4 content :

The contents included in the web site have been developed and included using internal and external sources, in such a way that the company is only liable for the content developed by it, i.e. internally.  In addition, through the web site, it is available to the user information of the products to be sold, which will be subject to these general conditions and the specific of each of them. The company does not guarantee the truthfulness, accuracy, or timeliness of the content relating to the articles and is expressly exempt from any responsibility for damages that may arise from failures or errors in the characteristics of the services provided to these third parties.

The user that you want to set a hyperlink in your web site to the web sites www. motortool.es and www.motortool.pt will not use illegal or contrary to the good faith of the information, services or products made available on the referral web site, specifically users who insert a hyperlink or link undertakes to:

  • Not to destroy, damage or alter in any way the content, services or products made available to the user on the website.
  • Not to declare that Motortool assumes the supervision of the hyperlink or the contents of the Web-site of the user who inserted a link to websites www. and motortool.es www.motortool.pt on your own web site.  Motortool will not be responsible for, any of the content or services on the website of the user where the hyperlink is included.
  • Not include the trademark, trade name or any distinctive sign belonging to Motortool, owner of the web site, without the prior permission of the entity on its own web site.

 

5. protection of personal data:

5.1.-information to the user of the existence of the file and request for consent to the automated treatment of personal data:

In relation to the personal data provided by the user in the registration in www form. and motortool.es www.motortool.pt , the company strictly complies with current regulations established in law 15/1999 of protection of data of a Personal nature and other legislation that develops and informs the user that the data will be included in a file for automated processing with user consent through the acceptance of these conditions such treatment.

 

5.2.-purpose of the data:

The company collects certain personal information that are entered by the user freely on a form, in order to be able to satisfy the process of purchase of the various articles, as well as identify and answer the requests made by the user.

Motortool advises that automatically manage this data, for the Administration, extension and improvement of its services as well as technical and commercial purposes on products and services offered. In any case, the data collected and processed by Motortool are only the Basic for the purposes outlined above.  [_Etlnt] Motortool also contains certain basic information from sources accessible to the public in order to perform business tasks on the services provided by the entity.  

 

5.3.-enforceability of the introduction of the data:

To access the web site:

www. motortool.es and www.motortool.pt is not necessary to provide any details. However, to make requests for information or perform a particular service request if required the user to input data in the existing forms on the web site for the purposes described above. All fields are optional except those that are specifically designated as mandatory. The result will not be covered consists the impossibility of the service that aims to hire or failure to submit the requested information.

 

5.4.-rights of access, rectification, cancellation and opposition:

Duly registered, the user will have full right, at any time, to exercise rectification, cancellation and opposition to any action, requesting it by any of the following ways: mail electronic (

clientes@motortool.es ) or by postal mail to: Motortool, S.L. ., C / love, 4, Seville 41006, accompanying always request a copy of the tax ID of the holder and the accurate data to identify the requested performance.

 

5.5.-controller:

It is responsible for the processing of data

Motortool, S.L. ., with registered address at C / love, 4. 41006 Sevilla., the company has registered properly their files in the data protection agency, can be found in www.agpd.es.

 

5.6.-transfer of data:

There will be no transfer of data to third parties, to

Motortool the user accepting these conditions agree that their data can be transferred to companies with identical social composition (same shareholders) as Motortool, these data, in any case, they will be treated for the same purposes that www. and motortool.es www.motortool.pt . Motortool informs the user that through adherence to the present conditions provides general consent to the necessary and indispensable use of their data for managing the shipment of items purchased, utility with the same purpose for which the data were entered and, therefore, related to the free and legitimate acceptance of the legal relationship between the user and Motortool whose development, compliance and control involves the need for these data.

 

5.7.-Security:

Motortool

ensures absolute confidentiality and privacy of personal data collected and therefore security measures have been taken in order to avoid the alteration, loss, treatment or non authorized access guaranteeing their integrity and security.

However

Motortool will not be responsible for any incidents that may arise around personal data when they arise: of an attack or unauthorized access to the systems, so that it is impossible to detect it or prevent it even adopting the necessary measures according to the State of current technology, or rather a lack of diligence of the user as to the guardianship and custody of their passwords and personal data.  

 

5.8.-use of cookies:

 

www. motortool.es and www.motortool.pt uses cookies to obtain information and perform statistical analysis on the use of the web site - which can always also consult and use anonymously - and to allow the use of some services. The cookies that uses www. and motortool.es www.motortool.pt are anonymous and do not refer to the personal data of the user or it can be through in any case the data that the user can have on your hard drive. The identity of the user is never inserted directly in the cookie and therefore is not identifiable. The only non-anonymous cookies, that is to say, allow identification, only you can assign authorization of the user when you want to have immediate identification to access restricted areas of the web site unless the user manually insert your username and password. In any case, if the user wants that these cookies are not installed you can configure your browser to prevent this without causing any alteration or modification in the use of the web site www. and motortool.es www.motortool.pt .

 

5.9. veracity of the data:

The user is responsible for the accuracy of their data, committing to not enter false data and to rectify them if necessary.

Motortool offers the user all media so that you can proceed to the modification of your data. He is allowed to perform this modification from the area only private and secure the user in www. and motortool.es www.motortool.pt and which accessed using keys obtained with user registration; that is why the user should be especially diligent in the guard and custody of these keys. The user manifests when you do not enter your personal data, but those of a third party, is duly authorized to do so.

 

5.10.-Spamming or sending of unsolicited email:

Motortool

is absolutely contrary to the practice of spamming and never performed this type of behavior.   www. motortool.es and www.motortool.pt only sends information to the emails provided by visitors of your website that has been registered as users and, therefore, accepted the present general conditions and its policy of protection of data, to send this information, or if those who prior telephone contact authorized sending those emails.

 

6. liability of the company

6.1-errors in connections, unforeseen circumstances and force majeure:

Motortool

is not responsible for errors, access delays, delays in the system causes of queued-type or force majeure or any other completely unforeseeable contingency and therefore alien to the good faith of the company.

Motortool

is committed to trying to solve these issues by putting all the means at its disposal and offering all necessary support to the user to resolve incidents in the fastest and most satisfactory way. Also Motortool will not be liable for the failures that may occur in communications, erasure or incomplete transitions so that it does not guarantee that the web site is at all operational times when due to issues not attributable to the company or may not resolve with the means that are available for these causes. The user exempts from liability to Motortool if any of these problems occurs.

 

6.2.-use of the web site:

Motortool

will not be liable, in any case, errors or damage caused by the inefficient use and bad faith of the service by the user. Shall not be responsible for any consequences, major or minor, by the lack of communication between the company and the user when it is attributable to the non-functioning of the facilitated email or falsehood or error of the data provided by the user in their registry at www. and motortool.es www.motortool.pt

 

6.3.-liability:

 Motortool

assumes the responsibilities that may arise from the provision of the services offered through its website, within the limits established by the present general conditions of hiring of the services that are made available to the user.

 

7. liability of the user

:

7.1.-good service:

The user is obliged to make good use of the service and therefore not to use it in bad faith for any practice that is prohibited by law or rejected by commercial usage. 

Motortool is authorized by these terms of use, from the moment in which have reliable knowledge of the preparation of any action or illegal use in general, to bring to the attention of the competent authorities of these circumstances and to unsubscribe the user or restrict access to the web site.

The user shall be solely responsible for, from any claim or action legal, judicial or extrajudicial initiated by third parties harmed directly by the user before courts or other bodies, assuming this all expenses, costs and damages that may arise from your actions, even when the claim comes directed by

Motortool . This company will collaborate and notify the competent authority these incidences, in the time in which reliable knowledge that damage constitute any type of illegal activity, especially in the field of content entered by the user may violate rights or interests legitimate Motortool or others.

 

7.2.-guardianship and custody of keys to access:

The user shall be responsible for the security and confidentiality of all keys to access your private area - which are granted him to register as a user to perform the different services and must keep them in a safe place in order to prevent access to unauthorised third parties.

 

7.3. due diligence:

The user accepts responsibility for performing all the actions that are required with due diligence with special character, the user must be diligent in what refers to the updating and accuracy of your personal data, primarily of designated electronic mail in the form of user registration as main means of contact with the company, see clause 8 of these conditions.

 

8 communications:

Motortool

and the user agree to communicate and notify all incidents that occur throughout the life of the various services you may have contracted, preferably and prior to any other means of communication, by email. Mail from www. and motortool.es www.motortool.pt for these communications, will be clientes@motortool.es and the user will be provided in the form of this in www. and motortool.es www.motortool.pt . The user agrees to have this email operative and to modify it from your private area if necessary to continue receiving communications. In any case, if happen any urgent problem or failure in the previous communication, communications will be carried out through telephone, fax, postal mail, courier or any other system suitable for the purpose to be achieved. However, the preferred means of communication is email, and exempt the company from any responsibility that may arise due to the lack of consultation or error in the email address provided by the user. Each of the Parties shall be responsible for the safekeeping and custody of the copies of the communications that occur.

 

9. copyright and trademark rights:

Motortool

is a registered trademark by which all rights are reserved. It is prohibited, therefore the use of others by any means and form of the brand of the company, which includes both the name and the logo, without the express consent of Motortool. In addition, the web site: www. motortool.es and www.motortool.pt , the proprietary content, programming and design protected is fully by the copyright, is expressly prohibited any reproduction, communication, distribution and transformation of the elements protected unless consent from the company.

 

10.-guarantees offered on products:

Motortool

ensures the integrity of the products shipped to customer at the time of delivery. This integrity will be endorsed by the client by signing the delivery note. In the case that products do not arrive intact and in perfect condition, the customer will be responsible for communicate it to the company, which will proceed according to the user, to the replacement or termination of the agreement of purchase, all without additional cost to the customer, as provided by General Law for the defence of consumers and users (TRLGDCU): repair and replacement will be free to the consumer and user. "Such gratuity shall include necessary costs incurred to remedy the lack of conformity of the product with the contract, especially shipping costs, as well as labor-related costs and materials."For its part, article 123 of the TRLGDCU recognizes that: "the seller responds failures of conformity which appear within a period of two years from the delivery". In addition, paragraph 5 of article 123 recognizes that: 'the consumer and user shall inform the seller of the lack of conformity within two months since he had knowledge of it'. In the interpretation of these customer rights, laid down in the law, must take into consideration the nature of the product: consumption and perishable.

 

11.-jurisdiction and applicable law:

These general conditions are governed by Spanish law. Specifically they are subject to the provisions of law 7/1988 of April 13 on general terms and conditions; Law 26/1984 of 19 de Julio General, for the defence of consumers and users; Royal Decree 1906 / 1999 of 17 December 1999, which regulates the phone hiring or electronic with General conditions; the organic law 15/1999 of 13 December, on protection of data of a Personal nature; the law 7/1996 of 15 January for management of retail trade, and law 34/2002 of 11 July, services of the information society and electronic commerce.

The parties submit, at its option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts of the domicile of the user. Also, as an entity attached to the consumer arbitration of the Institute national consumption belonging to the Ministry of health and policy SOCIAL (

distinctive oficial Nº 574 ) and in terms of its ethical code, disputes relating to recruitment and advertising online, data protection, protection of minors and accessibility, the user can go to the out-of-court settlement of disputes of I.N.C system ( http://www.consumo-inc.gob.es ).

 

12-various

:

In the event that any provision hereof is declared invalid, the remaining provisions will remain in force and shall be interpreted taking into account the will of the parties and the purpose of these conditions. This agreement is only in Spanish.

Motortool may not exercise any of the rights and faculties conferred in this document, which does not imply in any case the renunciation of them, unless expressly recognized by the company. podrá no ejercitar alguno de los derechos y facultades conferidos en este documento, lo que no implicará en ningún caso la renuncia a los mismos, salvo reconocimiento expreso por parte de la empresa.