Legal Advisory

Legal warning

When using the Web, the User accepts these conditions of use and agrees to use the Web page, the services and the content hosted in accordance with them.

The User accepts that the use of the Web, the services and the contents is carried out under his sole and exclusive responsibility.

ANTONI FERRER MAYOL, with CIF 43142427-Q (hereinafter, "the Company"), reserves the right to make, without prior notice, the modifications it deems appropriate in these conditions of use, being the responsibility of the Users to read them. carefully, each time they wish to use the Web page.

The Company reserves the right to deny or withdraw access to the page and/or services, at any time and without prior notice to Users who fail to comply with these general conditions or the particular ones that apply to them.

These conditions and any document to which express reference is made in them, constitute the entire existing agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us already It would have been verbally or in writing.

These conditions and other related legal texts are originally written in Spanish and must be interpreted in that language.

1.- OWNERSHIP

The Web portal www.galeriafermay.com (hereinafter, the "Website", also "the Website"), as well as the pages on social networks created under the name of the Company, belong to or their use will be exploited by the Society.

2.- IDENTIFICATION OF THE PARTIES

These Conditions of Use are signed between ANTONI FERRER MAYOL, with CIF 43142427-Q and address at C/ Pare Bartomeu Pou 42, 07003, Palma (Illes Balears), and "the User" of the website. User is understood to be any physical or legal person who uses or enjoys any of the products or services offered by or through the intermediation of the Company.

3.- PURPOSE AND SCOPE OF APPLICATION

These conditions of use regulate the access, navigation and use of the Web. However, access to certain contents and the use of certain services will replace, complete and/or modify these Conditions of Use.

4.- ACCESS AND USE OF THE WEBSITE

These conditions of use regulate the access, navigation and use of the Web. In addition, it regulates the unauthorized use that may be made of the information contained therein, which is the sole responsibility of the person who performs it.

The User undertakes to use the contents, information and data of the Web in accordance with these conditions, terms and policies, with the applicable regulations and with generally accepted good customs and public order.

The User undertakes to refrain from using the contents of the Web and, where appropriate, the profiles of social networks created under the name of the Company, for purposes or effects that are illegal, prohibited or contrary to those established herein, harmful to the rights and interests of the Company, of other Users, of third parties or that in any way may damage, disable, overload or deteriorate this Website as well as prevent the normal use or enjoyment thereof by Users.

The Company will not be liable for any consequence, damage or harm that may arise from said access or use or breach of these conditions, nor will it be responsible for any security errors that may occur or for any damage that may be caused to the computer system of the user. User (hardware and software) or to the files or documents stored therein as a result of: (i) the presence of a virus on the User's computer; (ii) a browser malfunction; and (iii) the use of non-updated versions of the same.

5.- RULES OF USE

In this sense, the User agrees to:

Do not publish inappropriate content on the Web or on social networks or use them as a system for the management and exchange of information and/or illegal documentation, contrary to morality or public order, contrary to copyright and/or industrial property rights.

Not carry out acts of reverse engineering, taking requirements and other activities aimed at developing an online platform identical or similar to the one made available by the Company, this activity being able to be considered an act of unfair competition and violation of the rights of intellectual and industrial property that the Company holds on the platform.

Do not subject the platform to workloads that are clearly aimed at destabilizing it, including denial of service (DDoS) attacks or similar situations. If this type of situation is detected, the level of service indicated above will not apply, being considered an emergency situation. Not translate, adapt, improve, transform, correct the platform, or any of the elements that integrate it, or in any other way modify it, not being able to incorporate the platform into other software or proprietary platforms or those provided by third parties.

Not withdraw, delete, alter, manipulate or in any way modify those notes, legends, indications or symbols that the Company, as the legitimate owner of the rights, incorporates into its properties in terms of intellectual or industrial property (such as, for example, trademarks of water in the images, copyright, ©, ® and TM, etc.) either on the platform itself or on the associated material.

Inform the Company of any fact or situation that may have occurred that could jeopardize the security of access by authorized Users.

Where appropriate, not to prevent the normal development of an event, contest, promotion or any other activity available through the Web or social network profiles, either by altering or trying to alter, illegally or in any other way, the access, participation or operation of those, or falsifying the result thereof and/or using fraudulent participation methods, through any procedure, and/or through any practice that infringes or violates these Conditions of Use in any way.

It is prohibited to force failures or look for security gaps in the platform.

6.- PARTICIPATION OF USERS ON THE WEB OR SOCIAL NETWORK PROFILES

The Company does not assume any type of responsibility for the contents that, if applicable, may be published by Users. However, it reserves the possibility of supervising and/or moderating any content published by Users on the Web or, where appropriate, on social network profiles and, in the event that it violates these conditions of use or the Privacy Policy , to edit or delete it.

7.- DATA COLLECTION AND REGISTRATION AS A RECORD

In order to access the products offered on the Website, it is necessary to collect the User's personal data. To do this, the forms incorporated for this purpose on this Website must be completed. The User provides them freely and voluntarily and expressly consents and authorizes the Company to collect and process automatically all personal data requested, as set forth in the Privacy Policy.

7.1.- USER REGISTRATION

You have the possibility of registering on the website through the “contact” sections. The User must enter all their real and truthful data, since it will be the only way that we will be able to process possible orders that they make in the future.

Under no circumstances will the Company be responsible for the veracity of the registration data provided by the End Users, so that each of these are responsible for the possible consequences, errors and failures that may subsequently arise from the lack of quality of the data.

7.2.- REMOVAL FROM THE REGISTRY

At any time, the User may request to unsubscribe from the services in which they are registered whenever they wish, following the procedure indicated on the Website.

Once the cancellation is made, the User may request a new registration as a User, reserving the right of the Company not to admit said registration in the event of a conflict or controversy arising between the parties, to be resolved or terminated with acknowledgment of fault or negligence of the User and / or damage to the Company, its collaborators and associates or its Users or potential Users.

8.- ENLACES A OTROS SITIOS WEB

En el caso de que en el Sitio Web se utilicen hipervínculos que permitan un vínculo o enlace a otras páginas Web, la Sociedad no se responsabiliza ni del contenido ni de las medidas de seguridad adoptadas por cualquier otra página o sitio web a través del cual se tiene acceso desde el presente sitio web o bien que permita un vínculo o enlace con este sitio web, sitios a los que accede el interesado bajo su exclusiva responsabilidad.

Asimismo, tampoco se garantiza la ausencia de virus u otros elementos de los contenidos enlazados desde el Sitio Web de la Sociedad que puedan producir alteraciones en el sistema informático (hardware y soxware) en los documentos o los ficheros del Usuario, excluyendo asimismo a la Sociedad de cualquier responsabilidad derivada de los daños de cualquier índole ocasionados por todo lo anterior.

9.- EXCLUSIÓN DE GARANTIAS Y RESPONSABILIDAD

La Sociedad no garantiza la disponibilidad permanente de los servicios ofrecidos en su Sitio Web, si bien llevará a cabo sus mejores esfuerzos para garantizar la regularidad y el buen funcionamiento de los mismos.

A tales efectos, la Sociedad queda exonerado de cualquier tipo de responsabilidad por posibles daños y perjuicios causados de cualquier índole y derivados de la falta de disponibilidad o continuidad del funcionamiento de los servicios por causas de fuerza mayor o de errores en las redes de transmisión de información ajenos a la voluntad de la Sociedad.

10.- MODIFICACIÓN DE LAS CONDICIONES GENERALES DE USO, DE LAS CONDICIONES GENERALES DEL SERVICIO, DE LA POLÍTICA DE PRIVACIDAD Y DE LA POLÍTICA DE COOKIES.

La Sociedad se reserva el derecho a modificar en todo momento y sin previo aviso todo el conjunto de condiciones, términos, políticas de privacidad y de cookies para adaptarlas a las novedades legislativas o jurisprudenciales así como a las modificaciones o prácticas de la industria, debiendo el Usuario consultar periódicamente las presentes condiciones, términos y políticas a fin de comprobar o cerciorarse de la existencia de modificaciones o cambios a las mismas, tomando como referencia la fecha de la última actualización.

11.- INTELLECTUAL AND INDUSTRIAL PROPERTY

The User acknowledges and accepts that except for the information or data that each User voluntarily provides on the Web, all industrial and intellectual property rights over the contents and/or any other elements inserted by the Company in this Website (including, By way of example and without limitation, all those elements that make up the visual appearance, graphic image and other sensory cues of the Web pages that make up the Website or "look and feel", brands, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flowcharts, presentation, navigation architecture, as well as the source codes of Web pages) belong to the Company and/or to third parties who have assigned their rights. For this purpose, a Website shall be understood as all those creations incorporated and expressed by the Company by any means and/or tangible or intangible medium, known or unknown, which is protected by current regulatory provisions on intellectual property and industrial.

In no case does access to the Website imply any type of permission, waiver, transmission, license or total or partial assignment of said rights by its owners, unless expressly stated otherwise. These Terms and Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its contents other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the Company or the third party owner of the affected rights.

Notwithstanding all of the foregoing, if the User or a third party considers that any content on the Website could violate intellectual and industrial property rights, please notify us as soon as possible, by sending an email to the info address @galeriafermay.com.

12.- COMMUNICATIONS

From the Company we will contact you by email or we will provide you with information by posting notices on this Web page. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing.

The notifications that you send us should preferably be sent via email to the address info@galeriafermay.com.

It will be understood that the notifications have been received and have been correctly made the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that the notification has been made, it will be enough to prove that it was sent to the email address specified by the recipient.

13.- APPLICABLE LAW AND COMPETENT JURISDICTION

This Legal Notice is governed in each and every one of its extremes by Spanish legislation without prejudice to the mandatory regulations that may be applicable.

To find out about any discrepancies or claims that may arise from the interpretation or execution of the legal relationship between the User and the Company, both, expressly waiving any other jurisdiction that may correspond to them and without prejudice to the mandatory rules on judicial jurisdiction, submit to voluntarily to the Courts and Tribunals of the city of Palma de Mallorca.