1. Purpose of this document

This document establishes the terms, liabilities and procedures of a legal nature involved in the access and use of this website, so the visitor shall read the manifesto carefully before using the website.

2. Identity of the parties

On the one hand, as OWNER of this website, linked to the vigmalabs.com domain (hereinafter “Web”, “Site”, “Website” or “LABORATORIOS VIGMAR S.L.”, and supplier of the products, contents and services offered, LABORATORIOS VIGMAR S.L. with registered office in Calle José Garridos, 74 – 46194 – Real – Valencia, Spain, CIF B96217633, registered in the Commercial Register of Valencia,  (T 4695, L 2005, F 154, S 8, H V 30344).

On the other hand, the persons who access, browse and make use of the provider’s website, attributing the condition of USERS, regardless of whether or not they proceed to register.

3. General implications of this website access and use

The user assumes, by visiting, browsing or interacting with the site, the implication and total acceptance without reservation of all the terms and conditions of use in force at any given time, as well as the rest of the legal and/or informative texts, whether or not they are linked to this document and which imply an agreement of any kind between both parties. Therefore, if you do not agree, you should not use this website.

The owner of the website reserves the right to make, without prior notice, any appropriate modifications to the content of their website and/or these conditions. Such modifications may be made through the website by any legally admissible means and shall be binding for as long as they are published on the website and until they are validly modified by subsequent ones.

For all these reasons, and given that all users (registered or not) assume that these General Terms shall be applicable to them according to the content in force at the time of their access, they are obliged to check and know them each time they access. It is therefore recommended reading it with every access to the website.

The user claims to have sufficient capacity to read, understand and accept the terms, procedures, liabilities or obligations stated.

The user’s access and use of this website does not imply any obligation regarding the quality and speed of access by the owner, who may, without prior notice, modify the conditions of access, or suspend it, both to the whole website and to part of it. The exercise of these options shall not entail liability for any consequences which may arise.

The hardware and software necessary to access the website shall be at the expense of the users, so the owner shall not be liable for its operation or any other fact derived from it, nor of the rights of use or licenses required for its use. 

Therefore, the owner of the website shall not be held responsible for any data or software anomaly, malfunction, deterioration or deletion that may occur in users’ equipment or systems as a direct or indirect consequence of access or attempted access to the website.

The owner of the website shall at all times ensure respect for the legal system in force, and shall be entitled to, at its sole discretion, interrupt the Service, and even exclude the user from the Website in the event of the alleged commission, in whole or in part, of any of the offences specified in the Penal Code in force, as well as in the event of conduct which, in their opinion, is contrary to these General Terms, the Law, the rules established by the owner of the website or the collaborators, or may disturb its proper functioning, image, credibility and/or prestige, including what concerns to the name VIGMAR and other related brands or signs.

 

4. Liability of the owner of the website

The owner of the website is not liable for damages of any kind that may be caused by errors or omissions in the contents, lack of portal availability or transmission of viruses or malicious or harmful programs in the contents and any others that may occur despite having adopted all necessary technological measures to prevent it.

Likewise, it shall not be liable for the truthfulness, accuracy and quality of this Website, its services, information and materials. Such services, information and materials are presented as is and are accessible without warranty of any kind.

Furthermore, it reserves the right to interrupt the access to the Website, as well as the provision of any or all of the Services provided through it, at any time and without prior notice, whether for technical, security, control, maintenance, power supply failure or any other justified reason.

Consequently, reliability, availability or continuity of its Website or the Services are not guaranteed, so their use by the user is carried out at their own risk, and the owner of the website may not be held responsible under any circumstances.

The owner shall not be liable in the event of interruptions in the services, delays, malfunctions and, in general, other inconveniences arising from causes beyond the Holder’s control, and/or due to wilful misconduct or negligence on the part of the user and/or caused by acts of God or force majeure.

Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure also includes, for the purposes of these Terms, all events beyond the control of the owner of website, such as: failure of third parties, operators or service companies, acts of government, lack of access to networks of third parties, act or fail to act of public authorities, others caused by natural phenomena, power cuts, etc., and the attack of hackers or third parties specialised in the security or integrity of the computer system, provided that the owner of the website has taken reasonable safety measures in accordance with the state of the art.

In any case, whatever its cause, the owner of the website shall not assume any liability whatsoever for direct or indirect damages, consequential damages and/or lost profits.

The owner of the website excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the website, as well as for the Services provided or offered by third parties or entities. 

The owner of the website shall try, as far as possible, to update and rectify the information hosted on the website that does not meet the minimum guarantees of accuracy.  However, it shall be exonerated from liability for not updating or rectifying it, as well as for the contents and information provided therein. In this sense, the owner of the website has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by users or collaborators, except in cases where this is required by current legislation or when required by a Competent Judicial or Administrative Authority.

Likewise, the owner of the website excludes any liability for damages of any kind that may be due to viruses or other harmful elements in the contents that may cause alteration in the computer systems, as well as in the documents or stored systems.

Nor is it liable for the use that the user makes of the Website Services or passwords, or of any other Website material, infringing the intellectual property rights or any other right of third parties.

The user undertakes to keep unharmed the owner of the website for any damage, injury, penalty, expense (including, without limitation, attorneys’ fees) or liability, civil, administrative or otherwise, which it may suffer and which relates to the total, partial or defective failure or performance by the user as established in these General Terms or in the applicable law, and, in particular, in relation to the obligations regarding the protection of personal data.

5. Right to modify the site

In order to always improve the user’s experience, evolve towards a higher quality of content and service offered, and greater ease and comfort while browsing:

This website reserves the right to delete, add or modify at any time and without prior notice any of the contents it manages and hosts, as well as to freely change the arrangement of the elements in the interface or their visual appearance, affecting or not, the distribution of the sections. Also, to delete, add or modify any technical aspect or functionality, altering or not, the functioning of the tools available to the user or the site’s general dynamics. Similarly, we reserve the right to have additional services or modules from third parties that complement the website, or to dispense with them at any time.

6. Third-Party Content

This website may include links to external content and websites, or integrate modules or third-party functionalities. Given that these contents are totally beyond the control of the provider of this website, the latter does not assume any type of liability regarding them.  In any case, the provider states the immediate withdrawal blocking of any content or website that could contravene national or international legislation, morality or public order, informing the competent authorities of this content.

Similarly, the owner of the website is not liable for the websites’ content that the user may access through the links established on the website, and declares that in no case shall it examine or execute any type of control over the content of other websites. Nor does it guarantee the technical availability, accuracy, truthfulness, validity or legality of non-owned sites that can be accessed through the links.
 

7. Users’ content and publications

The owner of the website makes available to all users different forms and means of participation to encourage preservation and exchange of information. The aim is to remain open and accessible to anyone, provided that basic rules of coexistence and respect are respected.

Therefore, all users agree not to use these sections for purposes that are prohibited by these Terms of Use. Users are liable for all their activity related to the Service, and shall comply with all applicable laws and regulations, both nationally and internationally. In addition, if the user represents a company, the user shall abide by any advertising, marketing, privacy or other self-regulatory codes applicable to your industry.

Specifically, the rules of conduct are as follows:

  • The User agrees to comply with these terms and conditions, community rules, and all local, national, and international laws and regulations.
  • The User undertakes not to impersonate another person or organisation; otherwise, the users may incur in an offence under the Criminal Code or other infringements of the Spanish legal system.
  • The User undertakes not to use disrespectful and offensive language. Messages containing threats, serious insults or any other type of comment that may offend the sensitivity of other users shall not be accepted. In this case, the owner of the website reserves the right to remove any content that contravenes these terms.
  • The User agrees not to interfere with the security related functions of the service that prevent or limit the use or copying of any content. In addition, it is totally forbidden to use this website as a means to organise attacks or spam on any other type of service. Such content shall be deleted along with the accounts that performed such action.
  • The service administrators have the right to delete or edit any content and/or user accounts that do not comply with any of the rules and obligations described in these legal terms or may be considered inappropriate by the owner of the website.

8. Intellectual Property

All intellectual property rights of the website and its contents, including but not limited to the following elements:

  •  Interface: General arrangement of graphic elements, menus, colour combinations, structure and behaviour.
  •  Corporate image: Trade name or platform name, logos, colour combinations and specific iconography.
  •  Graphic elements: photographs, graphics, illustrations, icons, diagrams, backgrounds, industrial drawings, buttons and other interface elements.
  •  Multimedia elements: Sounds, videos, loops and animations.
  •  Written elements: Articles, press releases, descriptive or explanatory texts.
  •  Interactive elements: any module or element whose purpose or mode of operation is exclusive and has been developed by the company.
  •  Functionality: Any programming code that represents a specific and exclusive operation method.
  •  Others: Any other sign or element susceptible of industrial and commercial use.
  •  They are the property and ownership of this website or third-party owners who have duly authorised their inclusion in it.

 By virtue of the provisions of articles 8 and 32.1, paragraph two, of the law of intellectual property, are expressly prohibited reproduction, decompilation, distribution and public communication, including its mode of provision available as whole or part of the contents of this website for commercial purposes, on any support and by any technical means, without the prior and express authorisation of the owner of the website.  

The user undertakes to respect the Intellectual Property rights of the website. The user may view the elements of the portal and even print them, copy them and store them on the hard drive of their computer or on any other physical support as long as it is solely and exclusively for your personal and private use. The user shall refrain from deleting, altering, eluding or manipulating any protection device or security system installed on the owner’s website pages.

Infringement of the above provisions may constitute a breach of these provisions, as well as an offence punishable in accordance with articles 270 and following of the Criminal Code. 

9. Resolution procedure in case of dispute

In the event of doubts, divergences and/or controversies that may arise from the interpretation or execution of this document, as well as any other on the website that implies any type of condition between the parties, both undertake to address these issues a priori in an amicable and constructive manner, and in such a way that there is a reliable record of this meeting for resolution purposes. 

In the event of a possible dispute, and in need for legislative mediation to resolve it, the parties expressly waive their own jurisdiction and voluntarily submit to Spanish legislation, the Courts and Tribunals of Valencia – Spain being competent to resolve such conflicts and legal proceedings, except in consumer matters, in which case the territorial jurisdiction shall be determined in accordance with the law of procedure.