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Legal Warning
1. Legal Warning
In compliance with the Section 10 of the Spanish Law No. 34/2002, of July 11th, on the Information Society and Electronic Trade Society Services (LSSICE), the following identity data belongs to the owner of the website.
Owner: FORJA RAFAEL, C.B.
Tax Identification Number: E19315571
Address: C/ ESCARICHE Nº1
Postal Code: 19160 CHILOECHES (GUADALAJARA)
E-Mail: info@forjarafael.com
FORJA RAFAEL, C.B. is the owner of the name of the domain and the Internet site you access through the next URL http://www.forjarafael.com.
2. Acceptance of Terms of Use
The purpose of these conditions (hereinafter referred to as “Legal Warning”) is to regulate the use of this website which FORJA RAFAEL, C.B. (hereinafter, THE COMPANY) makes available to the public at this URL.
The use of the website by a third party attributes the condition to him or her of User and supposes the fully acceptance of the User of all and every condition included in the present Legal Warning.
3. Web Usage Conditions
The User hereby undertakes to use this website in accordance with Law and this Legal Warning, and other notices, use regulations and instructions to his/her knowledge, as well as according to moral values and generally accepted good practices and public order.
The User is bound to use the Contents diligently, correctly and licitly, and, in particular, he or she commits to abstain from: (a) using the Contents in a way, and with ends or effects contrary to the law, morale, and generally accepted good practices and public order; (b) reproducing or copying, distributing, allowing access to the public through any public communication modality, transforming or modifying the Contents, unless there is an authorization of the titleholder of the corresponding rights or that such is legally allowed; (c) suppressing, eluding, or manipulating the copyright, and other identifying data.
It is forbidden to carry out any kind of advertising or commercial information directly or in covert form, the sending of mass mailing (spamming) without proper authorization.
It is also strictly prohibited to perform actions that could produce in the website or through it by any means any kind of damage to the systems of THE COMPANY or third parties.
Any link made with the content shall require the prior consent of THE COMPANY and shall allow, by means of an appropriate visualisation, the identification of its origin. The use of such information on other Internet sites shall require the express authorization of THE COMPANY.
4. Exemption from Liability
THE COMPANY may change, without prior notice, the information available in the website, its configuration and presentation. THE COMPANY does not guarantee that there will be no interruptions or errors in accessing the website or its contents, or that the contents will be updated; however it will make its best efforts to avoid, remedy or update said problems.
To the maximum extent permitted by law, THE COMPANY hereby excludes all liability in respect of loss or damage, whether direct or indirect, including damages to computer systems and the entry of viruses existing on the Internet, arising from the Internet navigation required for the use of this website.
THE COMPANY hereby undertakes NOT TO ENGAGE IN MISLEADING ADVERTISING. To these effects, misleading advertising does not include formal or numeric errors which may be found within the different sections of the website http://www.forjarafael.com , caused as a consequence of incomplete or faulty maintenance or updating of the information contained in these sections. THE COMPANY, in accordance with this paragraph, undertakes to correct these faults as soon as it has knowledge of them.
THE COMPANY is not responsible for the non-compliance of any applicable norm by the User in their access to this website and/or in the use of the information contained in the website.
THE COMPANY will not be responsible for any damages, whatever their nature, derived from the use of the information, the contents of this website and the programmes included in it. The links and hypertext that allow users to access benefits and services offered by third parties are not owned or under the control of THE COMPANY; this entity is not responsible for the information contained therein or any effects that might result from such information.
Ultimately, the User is the solely responsible for the use of the services, content, links and hypertext in the website of THE COMPANY.
5. Intellectual and Industrial Property Rights
All the contents of the website, unless indicated otherwise, will belong exclusively to THE COMPANY including, but not limited to, the graphical design, source code, logo, texts, graphs, illustrations, photographies, and other elements that appear in the website.
THE COMPANY does not grant any type of license or authorization of personal use to the User on its Intellectual and Industrial Property Rights related to its website and the services offered in the website.
The User acknowledges that the reproduction, distribution, commercialization, transformation, and, in general, any other form of exploitation, through any procedure, of all or part of the contents of this website is a breach of the Intellectual and/or Industrial Property Rights of THE COMPANY or their owner.
Users may solely and exclusively use the material which appears on this website for their own personal and private use, and it is forbidden to use the contents for commercial purposes or in illegal activities.
In pursuance of the provisions in Sections 8 and 32.1, second paragraph, of the Intellectual Copyright Act, it is expressly forbidden to reproduce, distribute and disseminate publicly, including the making available modality, of all or part of the contents of the website, for commercial purposes, in any format and by any technical means, without the authorization of THE COMPANY. The User undertakes to respect the Intellectual and Industrial Property Rights pertaining to THE COMPANY.
THE COMPANY hereby undertakes to ensure that the above mentioned conditions are met and that the content presented on its website is used properly. Civil or legal proceedings will be brought against any user who infringes or breaches said rights.
6. Data Privacy Policy
In accordance with what is set forth in the Spanish Organic Law No. 15/1999, of December 13th, on the Protection of Personal Data (LOPD), we inform you that the personal data you provide through our contact email address and web forms will be treated confidentially and will be stored in automated files owned by FORJA RAFAEL, C.B., which have been duly registered in the Spanish Data Protection Agency ( www.agpd.es ).
In accordance with the regulations currently in force regarding data protection (LOPD), as well as in relation to information society and electronic commerce issues (LSSICE), the User accepts that all data submitted will be included in files owned by FORJA RAFAEL, C.B., in order to facilitate the provision of the required services and the sending of information regarding offers, new services or other reasons for which THE COMPANY needs to contact the User/customer.
THE COMPANY undertakes NOT TO SEND COMERCIAL COMMUNICATIONS WITHOUT IDENTIFYING IT AS SUCH, in accordance with the Spanish Law No. 34/2002 on Information Society and Electronic Trade Society Services. To these effects, no information sent TO THE CLIENTS and/or USERS of http://www.forjarafael.com, will be considered as commercial communication, provided its object is to maintain the relationship between the customer and/or user and THE COMPANY, as well as to carry out the tasks of information and other activities related to the services provided by http://www.forjarafael.com.
In any case, THE COMPANY will preserve confidentially, according to the obligation secrecy, all gathered personal data and the content of its files following the current regulations regarding data protection of personal nature.
Online shop user registration: The site has a public zone, accessible for any person, and private zones, accessible just for USERS that have registered previously in the online shop; in this case, the USER must be strictly confidential about the access key. To this purpose:
Access profile and passwords should be confidential, personal and non-transferable. The owner of the password is responsible of what is done with said password.
The user should not save the access key in a legible way in disc, paper or any kind of file where it may be accessible.
The user will change the password given any of the following circumstances:
If there is suspicion of a violation of its security.
If another user knows the password or there is a suspicion of it.
Notwithstanding the above, it is the duty of the USER to notify the management of http://www.forjarafael.com with immediate effect of any circumstances which may led to the improper use of the identifying data and/or passwords, such as theft, loss or non-authorized access, in order to proceed to their immediate cancellation. Until such information is forwarded, FORJA RAFAEL, C.B. is exempt from any liability that might arise from any unauthorized use of identifiers or passwords by unauthorized third parties.
Consent to advertising purposes: You consent and authorize expressly THE COMPANY to process your personal details, with the purpose of including them in advertising campaigns carried out by http://www.forjarafael.com and, ultimately, consent the transmission of commercial communication via any means, whether electronic (telephone, fax, e-mail, SMS, MMS, etc.) or not (ordinary mail, etc.), without being the mentioned means a closed list, as long as the purpose is to maintain the existing relationship between the customer and/or user and THE COMPANY, as well as to carry out the tasks of information and other activities related to the services provided by http://www.forjarafael.com.
You can revoke your consent for advertising purposes according the procedure described in the ARCO rights (access, rectification, cancellation and opposition).
By accepting the data protection policy, you state that you have been properly informed of the terms of the Section 5.1 of the Spanish Organic Law No. 15/1999, of 13th December, on the Protection of Personal Data and that you give your fully consent to the treatment of your personal data for the previously described purposes, without prejudice to the ARCO rights or the revocation of the given consent.
THE COMPANY reserves the right to modify your privacy policy according its criteria, due to a change in legislature, in jurisprudence or in the business practice.
In case THE COMPANY would introduce a modification, the new text would be published in this website, where you will be able to read the conditions of the current privacy policy of http://www.forjarafael.com.
Interested parties may exercise their right to access, rectification, cancellation and opposition by registered letter AR, or any equivalent means that allows to proof its reception, addressed to FORJA RAFAEL, C.B., C/ ESCARICHE Nº1- C.P. 19160 CHILOECHES (GUADALAJARA), or to the following electronic address: info@forjarafael.com. The request must contain name and family name of the interested, copy of the identification card and, in those cases where it is admitted, the data of the person representing the interested person, as well as the document providing this representation, the specific request, notifications address, date and signature of the applicant and accredited documents of the petitions formulated.
Should the request not fulfil each and every one of the requirements, a request for rectification shall be made. With respect to the right of access, it will only be denied when the application is formulated by a different person from the assigned. Nothing will be required in return for exercising your rights.
7. Applicable Law and Jurisdiction
The relationships established between FORJA RAFAEL, C.B. and the User will be governed by the current regulations applicable to existing legislation and competent jurisdiction. Nevertheless, in cases where the law provides for the likelihood of the parties to submit to a judicial right, FORJA RAFAEL, C.B., and the User, expressly waiving any other legal right that might apply, will submit any controversy and/or litigation to the attention of the Courts and Tribunals of Guadalajara (Spain).