These general conditions (hereinafter General Conditions) regulate the access and use of the Website under the domain www.kbas.es (hereinafter Website), owned by “Salvador Mulet, SL” (hereinafter Kbas), made available to users (hereinafter User/s).
If you have any questions or queries regarding the use and access to the Website or these General Conditions, you can send an email with your request and contact details to salvadormulet@kbas.es. You can also contact us by regular mail, addressing your request and contact details to “Salvador Mulet, SL”, N.332 km 191,5, 03740 Gata de Gorgos, Alicante.
1. Compliance with these General Conditions
Use of the Website implies full acceptance by the User of all the General Conditions in force at any time the User accesses it. Therefore, if the User does not agree with any of the conditions established herein, he/she must refrain from using this Website.
Consequently, the User must carefully read the General Conditions each time he/she intends to use the Website.
In any case, Kbas reserves the right to modify, without prior notice and at any time, these General Conditions, as well as their configuration, location and any other general or specific terms, regulations of use, instructions or notices that may be applicable. Likewise, Kbas reserves the right to suspend, interrupt or stop operating the Website at any time.
“Use of the Website” means any User who accesses and browses the Website, regardless of whether they complete the registration forms.
2. Conditions of Access and Use of the Website and its Contents
Access to the Website and/or the Contents included therein does not imply any type of guarantee regarding the suitability of the Website and/or the Contents included therein for particular or specific purposes of the Users.
Kbas may establish additional limitations and/or conditions for the use and/or access to the Website and/or the Contents, which must be observed by Users in all cases.
2.1- Access and Use of the Website
Unless otherwise provided, use of the Website shall be free of charge, without prejudice to the cost of connection through the corresponding telecommunications network contracted by the User.
The User acknowledges being over eighteen years of age and is also aware of and voluntarily and expressly accepts that use of the Website is carried out in all cases under his or her sole and exclusive responsibility.
The User undertakes to comply with these General Conditions, as well as to comply with any special warnings or instructions contained on the Website and to always act in accordance with the law, good customs and the requirements of good faith, using the utmost care taking into account the nature and consideration of the service enjoyed. To this end, the User shall refrain from using the Website in any way that may impede, damage or impair its normal operation, the assets or rights of Volumbags, its suppliers, its distributors, other Users or, in general, any third party.
Specifically, and without implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes to use the Website:
- Not to introduce, store or distribute on or from the Website any information or material that is defamatory, insulting, obscene, threatening, xenophobic, pornographic, in support of terrorism, incites violence, discrimination based on race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of third parties and, in general, current regulations.
- Not to introduce, store or distribute through the Website any computer program, data, virus, code, or any other electronic or physical instrument or device that is likely to cause damage to the Website, any of the services, or any of the equipment, systems or networks of Volumbags, any User, Volumbags Suppliers or Distributors or in general any third party, capable of causing any type of alteration or preventing their normal operation.
- Not to introduce, store or distribute through the Website any content that infringes the rules of intellectual or industrial property or the rights of third parties, or in general any content of which you do not have, pursuant to law, the right to make available to third parties.
2.2- Access and Use of Contents
The Contents of the Website are made available to the User with information from both its own sources and from third parties.
Volumbags strives to ensure that the Contents are of the highest possible quality and are reasonably up-to-date, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.
3. Intellectual and Industrial Property Rights
These General Conditions do not transfer any intellectual or industrial property rights over the Website or any of its constituent elements, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding or using any of them in any way, by any means or procedure, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for his/her exclusive personal and private use on his/her computer systems (software and hardware), provided that it is not for the purpose of carrying out commercial or professional activities. The User must refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those that in each case have been made available to him/her or indicated for this purpose or those that are normally used on the Internet (provided that the latter do not entail a risk of damage or disablement of the Website). The User must respect at all times all intellectual and industrial property rights on the Website, owned by Volumbags or third parties.
4. Exclusion of Warranties and Liability
4.1. Exclusion of Warranties and Liability for the Operation of the Website
Volumbags does not guarantee the availability and continuity of the operation of the Website and the services or Content offered therein, nor that the content on its Website is up to date, and is exempt from all liability for damages of any kind that may arise from such circumstances.
Provided there are no circumstances that make it impossible or difficult to execute, and as soon as it is informed of errors, disconnections and/or lack of updating of the contents, Volumbags will carry out all tasks aimed at correcting the errors, reestablishing communication and/or updating the aforementioned contents.
Furthermore, Volumbags does not guarantee the technical reliability of its Website, nor the access to its different pages, and is thus exempt from all liability for damages of any kind that may arise from this cause.
Furthermore, Volumbags is not responsible for any possible errors or security deficiencies that may occur due to the user using a browser with an outdated or insecure version of the browser or for any damage, errors or inaccuracies that may arise from the browser's malfunction.
In order to reduce the risk of viruses being introduced into the Website, Volumbags uses virus detection programs to monitor all Contents that it introduces into the Website. However, Volumbags does not guarantee the absence of viruses or other elements on the Website introduced by third parties other than Volumbags that may cause alterations in the physical or logical systems of users or in the electronic documents and files stored in their systems. Consequently, Volumbags shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of Users.
Volumbags adopts various protective measures to protect the Website, the data collected and the Contents against computer attacks by third parties. However, Volumbags does not guarantee that unauthorized third parties may have access to the type of use or navigation of the Website that the user makes or the conditions, characteristics and circumstances in which it is carried out. Consequently, Volumbags will not be liable in any case for any damages that may arise from such unauthorized access.
Volumbags shall not be liable under any circumstances for the use that users and/or third parties may make of the Website or the Contents, nor for any damages that may arise therefrom.
4.2. Exclusion of Warranties and Liability for Contents
Volumbags does not edit the third-party Content published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness and timeliness of said Content, nor for the Content owned by Volumbags. Volumbags shall in no event be liable for any damages that may arise from: (i) the lack of legality, truthfulness, accuracy, exhaustiveness and/or timeliness of the Content originated by third parties and its own; (ii) the unsuitability for any purpose and the disappointment of expectations generated by the Content; (iii) decisions or actions taken or avoided by the user relying on the information or data provided or supplied in the Content, including without limitation the loss of profits or business opportunities.
5. Hyperlinks
Those persons who intend to establish hyperlinks between their Web page and the Website must observe and comply with the following conditions:
- Prior authorization will not be necessary when the Hyperlink only allows access to the home page of the Website, but may not reproduce it in any way. Any other form of Hyperlink will require express and unequivocal written authorization from Volumbags.
- The Web page on which the Hyperlink is established may only contain what is strictly necessary to identify the destination of the Hyperlink.
- The Web page on which the Hyperlink is established will not contain information or content that is illegal, contrary to morality and generally accepted good customs and public order, nor will it contain content that is contrary to any third party rights.
- Kbas reserves the right to block hyperlinks directed to the Website that do not have express prior authorization, even if they comply with the provisions of this point of the General Conditions.
6. Actions in case of non-compliance
Kbas reserves the right to exercise any actions available under law to enforce liability arising from a user's failure to comply with any of the provisions of these General Conditions of the Website.
7. Partial Nullity
The declaration of any of the clauses contained in these General Conditions as null, invalid or ineffective will not affect the validity or effectiveness of the remaining clauses, which will continue to be binding between the parties.
8. Applicable Law and Jurisdiction
These General Conditions shall be governed by the provisions of Spanish law.
Any dispute relating to the conditions of use and access to this Website contained in this document of General Conditions of the Website, the parties submit, expressly waiving any other jurisdiction that may apply to them, unless otherwise determined by legal imperative, to the Courts and Tribunals of the city of Dénia.
9. Notifications
For the purposes of making the appropriate notifications, Kbas designates the contact address specified in the legal notice.
The email address provided by the User during the registration process on the Website will be used by Kbas for the purpose of sending notifications to the User.
The User is obliged to keep the data referred to in this clause for notification purposes duly updated.
All Notifications made by Kbas to the User will be considered validly made if they have been made using the data and through the means indicated above. Kbas is not responsible for any damage that may occur due to the User's breach of their obligation to keep their contact details updated.