CONDITIONS OF USE — ACCEPTABLE USE POLICY
I. – INTRODUCTION
PEÑALVER CONCEPT, SL, is a distributing company of home decoration fabrics registered in the Companies Registry volume: 3463, Book : 0, Sheet: 1, Page: A-121873, inscription: 1 on the 24th/05/2010; with the company tax code number B54502497 with the business address in Polígono Las Atalayas, Calle Del Rublo, 63, 03114, Alicante (Spain). The email address of PEÑALVER CONCEPT, SL, is email@example.com.
These Conditions of Use of the B2B Platform are available on the website http://b2b.pepepenalver.com/aup, and they must be fulfilled by all members of the Closed Electronic Business (from now on, CEB).
II. – CLAUSES
These Conditions of Use of the B2B Platform control the use of the CEB that PEÑALVER CONCEPT, SL (from now on, the CEB managing body) offers to all professionals and companies (from now on, CEB members) that distribute their products and want to be part of CEB.
The CEB managing body shall always offer a copy of these Conditions of Use and Contractual Requirements of the product orders to its members through the website http://b2b.pepepenalver.com All the CEB members must be aware of this information in order to be stored and printed by them.
The CEB members must accept these conditions the first time they access the Platform. In this respect the acceptance of the Conditions of Use http://b2b.pepepenalver.com/aup, shall also determine that the CEB member agrees with the Contractual Requirements. It shall be necessary to click on "OK" at the bottom of this Web page in order to accept these conditions.
The Conditions of Use and Contractual Requirements shall be carefully read by each CEB member every time the Platform is to be used. If in a specific moment a CEB member does not agree with some alteration related to these conditions, he/she shall refrain from accessing the Platform and from doing business through it, being possible to cancel his/her membership as a CEB member by mailing the e-mail address firstname.lastname@example.org
Second. ACCESS AND USE
The access and use of the B2B Platform requires a previous user registration. In this respect each CEB member shall receive an e-mail at the e-mail address provided by the CEB member sent by the CEB managing body, providing a user name and a password in order to activate the user account on the website http://b2b.pepepenalver.com as well as authorising the user to be a Platform member. Every CEB member shall have the option of changing his/her account password if he/she wishes so.
The CEB Member is committed to maintaining the operational e-mail address or to communicate with the address email@example.com a new email address where to receive correspondence with B2B platform.
Once the CEB member has activated the account he/she will immediately receive an e-mail from the CEB managing body and from that moment on he/she will be authorised to access and contract all the goods that he/she wants. However, for the purposes of completing the Platform access agreement and according to what the first clause states, each CEB member who has activated his/her account shall accept these Conditions of Use in accordance with the terms stated the first time he/she accesses the Platform.
The CEB managing body will try to avoid failures in the Platform, but it will be exempted of any responsibility if the Platform is unavailable or does not work.
All CEB members must not show or encourage any offensive or injurious behaviour as for the CEB managing body rights or interests.
The simple use of the Platform does not entail any economic consideration of the member to the CEB managing body, but this action does not preclude those considerations that come from concluding transactions through the Platform.
Third. DUTY OF PASSWORDS SAFEKEEPING
All CEB members undertake to do a diligent use of their account passwords.
Safekeeping passwords and preventing their bad use from a third non-authorized party and the legal subsequent consequences that may take place, if any, are the full responsibility of the CEB member, who must inform immediately the CEB managing body about any situation that could have endangered his/her user account in order to be able to adopt the right measures (blocking the access, cancelling passwords or creating new ones).
The CEB managing body will assume that all the orders placed through the Platform with the passwords of an authorised CEB user have been duly made for and on behalf of the authorised user.
Fourth. CONDITIONS OF USE AND CONTRACTUAL REQUIREMENTS ALTERATIONS
The CEB managing body reserves the right of modifying at any time and without previous notice the Conditions of Use and Contractual Requirements of the transactions made through the Platform, committing itself to always provide their last update date. If CEB members are still using the Platform services this action will show their consent as for the introduced alterations.
Any CEB member shall ask to the CEB managing body for cancel his/her membership. This request shall be made in writing and sent to this e-mail address firstname.lastname@example.org When the CEB managing body receives this petition it shall have a 30-days period to study the situation of the CEB member in order to issue an invoice of all the unpaid orders, if any. Whether there is not any unpaid charge the membership will be cancelled immediately, otherwise its cancellation will be carried out when the managing body charges all the unpaid amounts.
Moreover, the CEB managing body may cancel a user membership as well as preventing him/her from concluding his/her orders if it considers there is a breach of contract, a scant use of the Platform or any other reason that justifies the CEB member expulsion.
The CEB managing body expressly informs that the Platform is a tool that can be withdrawn at any time, if happens so, there will be a previous notice to all CEB members by sending them an e-mail 10 days in advance.
Sixth. COPYRIGHT AND PATENT RIGHTS
The distinguishing signs and industrial designs that appear on the Platform belong exclusively to the CEB managing body. As a result a CEB member is banned from using them economically unless he/she has a perceptive written permission of the CEB managing body.
Furthermore, the Platform itself is protected by the law regulating copyright rights, so the CEB managing body is exclusively entitled to copy, distribute, transform the Platform contents and doing public communication, all this without precluding the moral rights of their authors.
All CEB members are expressly authorised to visualize, print, copy or save in their hard disk or in other physical medium, the protected intellectual creations and any other content or asset protected or not by an exclusive right, always for the personal and private purposes of the user, without any trade or distribution purpose. This permission of personal use can be given if the warnings about the royalties and the industrial property are respected, although this does not give any license to the CEB member.
The use of contents or services of this website does not give any licence or authorization to these copyright and patent rights or to any other rights.
The user of this Platform undertakes to respect the above mentioned rights and to avoid any action that could endanger them. The CEB managing body reserves the right of using all the legal resources and practices it is entitled to in order to defend its copyright and patent legitimate rights.
Seventh. LAW AND APPLICABLE JURIDICTION
These General Conditions of Use are ruled by Spanish Laws.
Any argument related to the Platform use will be substantiated before the Spanish jurisdiction. If happens so the managing body and the CEB members shall submit to the jurisdiction of the Courts of Alicante and to their hierarchical superiors, renouncing expressly their jurisdictions if these are not the above mentioned.