General terms and conditions

The current document contains all the general conditions regulating the access, navigation and use of maheso.com (from this point forward, the “website” or “maheso.com”), as well as its integrated contents (from this point forward, the “General Conditions”), without prejudice to the possibility of GEDESCO, S.A (from this point forward “MAHESO”) establishing specific conditions regulating the use, undertaking and/or contracting of the products or services which, as the case may be, may be offered via this website.

MAHESO reserves the right to terminate, suspend or interrupt, at any time and without warning, access to the products, services and/or contents of this website, as well as the portal configuration, deliveries, products, services and contents, excluding the Client or Clients (from this point forward, “the Clients” or “the Client”) from the right to claim or demand any form of compensation; in particular, on the occasion of operations for maintenance, repair, updating, improvement and/or adjustments in line with technical, operative and/or legal changes. Upon such termination, suspension or interruption, the prohibitions, restrictions and limitations contained in these present General Conditions and/or whatever specific conditions may be applicable shall remain in force.

Access to and Use of the Website.

The website is intended for clients of legal age, legally residing within Spanish territory (including peninsulas and Islands). Mere access to the website, the use of the contents it offers, as well as completion of forms, the transmission of requests for information, queries, complaints, submission of public procurement tenders and, in general, any act of a similar nature to those previously listed (especially if they are carried out via the existing contact channels on the website) shall imply, on the part of those who browse the website, the acquisition of the status of a client and the acceptance, without reserve, of each and every one of the norms integrated into the present General Conditions. As a consequence, all Clients must carefully read and understand the content of the present General Conditions.

Except where expressly established to the contrary, access to and use of the website by Clients is freely available and free of charge. Nonetheless, MAHESO reserves the right, exclusively, to decide if access to and use of the products or services offered via the website will be free or if, on the contrary, decides to demand economic compensation for it, in which case the amount, method of payment and remaining specific conditions that may apply will be expressly notified to the Clients prior to its entry into force, in such a way that the Client may voluntarily desist from access to or use of those products or services that may be implied by the payment of any amount. Once the corresponding specific conditions are in force, access to and/or use of the products or services by the Client shall imply, on his or her part, the express acceptance of the specific conditions.

The use, provision and/or contracting of the products or services that, where appropriate, may be offered by MAHESO may be subject to the prior observance of formal requirements such as the completion of the corresponding form, to formalise the contracting of the same, the payment of costs or taxes and/or the prior acceptance of the particular conditions that may apply to the same.

Mere access to the website does not in itself establish any link or commercial relationship between MAHESO and the Client, except when appropriate means for it have been established and the Client has given prior compliance with the requirements, if any, that are established.

Applicable norms

The present General Conditions are subject according to Law 7/1998, of the 13th April, regarding General Conditions for Contracting, to Royal Legislative Decree 1/2007, of the 16th November, which approved the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, to Law 34/2002, of the 11th July, on Information Society Services and Electronic Commerce, to Organic Law 3/2018, of the 5th December, on Personal Data protection and digital rights guarantee, Law 7/1996, of the 15th January of retail commerce regulations, and to Law 34/2002 of the 11th July, on Information Society Services and Electronic Commerce.

The Client agrees not to use the website for fraudulent purposes, and not to engage in any conduct that could damage the image, interests or rights of MAHESO or third parties, being hereby bound to use the website, services and content included therein in a diligent, correct and lawful manner. In particular, the Client agrees to refrain from: supressing, evading or manipulating the “copyright” or any other data identifying the rights of the owners that may be included in the contents of the website, as well as technical protection devices or any computerised mechanisms that may include such content. Also, the Client undertakes not to take any action in order to damage, disable or overload the website, or impede, in any way, its normal use and operation.

Should the Client violate these General Conditions, or MAHESO have prima facie evidence of a violation by the Client, MAHESO reserves the right to limit access to the same website, taking any technical measures necessary for that purpose. Also, MAHESO reserves the right to decide, at any time, to suspend the provision of services through this website.

Modification of the General Conditions:

MAHESO may modify the General Conditions, notifying Clients sufficiently in advance, in order to improve the products and services offered via maheso.com. By the modification of the General Conditions set forth on the website of maheso.com, said notification will be deemed to have been given, for which reason we recommend that it always be read prior to accessing or browsing this website. In any case, before using the services or soliciting products, you may wish to consult the General Conditions.

Intellectual property

The content provided by maheso.com is subject to intellectual and industrial property rights and belongs exclusively to MAHESO, or the natural or legal entities indicated. Via the acquisition of a product, maheso.com does not grant the purchaser any right of alteration, exploitation, reproduction, distribution or public communication of the same, with maheso.com retaining all these rights. The transfer of these rights requires the prior written consent of MAHESO. The intellectual property rights also extend to the content included in maheso.com, covering its graphics, logos, designs, images and the source code used by its programming.

Use of the service and responsibilities.

MAHESO does not guarantee the permanent availability of its services, being exonerated from any type of responsibility in the event of any damages or losses caused by unavailability of the service for reasons of force majeure or errors in the data transfer networks outside of its control. Maheso.com is not responsible for the content of links to other websites which are not their property and which, therefore, cannot be controlled by them. The Client acknowledges awareness that the information provided by maheso.com through its services has no legal basis and is only provided for information purposes.

El Client recognises and accepts that the use of the website is always at his/her own risk and under his/her own responsibility, for which reason MAHESO accepts no responsibility for improper or wrongful use that may be made of the present website. As a result of this, MAHESO will only be responsible for damages suffered by the Client as a result of using this website if the said damage is a consequence of wilful misconduct on the part of MAHESO.

Products.

The photographs, videos, graphic reproductions and descriptions of the products offered by MAHESO on the website, as well as brands or logos of any kind appearing on the website, aim to provide as much information as possible. However, the Client must bear in mind that they are only for reference purposes and are not exhaustive.

MAHESO reserves, at all times, the right to determine the range of products that shall be offered to customers via the website.

MAHESO declares that it has taken all the necessary measures, within its possibilities and the status of technology today, to guarantee the functioning of the website and avoid the existence and/or transmission of viruses or any other harmful elements to Clients.

MAHESO makes every effort to avoid errors in the content published on the website. All content offered via the website is up-to-date, with MAHESO reserving the right to change it at any time. MAHESO shall accept no responsibility for the consequences that may result from content errors that may appear on the website.

Privacy and Protection of Personal Data

Through the delivery of the email address or other personal data, a necessary requirement for the contracting of certain services, the Costumers give their permission for said addresses to be treated and, in addition, used to send commercial communications of promotion or publicity of the services and products offered by maheso.com. Maheso makes available to the Costumers the email address Canal_RGPD@maheso.com and the telephone number 902 10 34 81, for them to revoke the consent given.

Maheso declares that it complies with current regulations regarding data protection, in particular the Data Protection Regulation (EU) 2016/679 of the European Parliament and the Council, of April 27, 2016, regarding the protection of personal data and to Organic Law 3/2018, of the 5th December, on Personal Data protection and digital rights guarantee. For them, Maheso makes available to the Costumers the means of contact referred to in the previous paragraph so that they exercise the rights of access, rectification, cancelation, opposition, portability, forgetfulness and suppression, and limitation on treatment of personal data, guaranteed by current legislation, all in accordance with the Legal Notice (*).

In addition, the owner also has the possibility of obtaining, in an organized and commonly used electronic format, a copy of the data that is being processed. You may decide to transmit this data to another system provided that the data object of that transmission is subject to an automated processing.

Security

The Client is responsible for the confidentiality of the information provided on the website and any password that may have been provided for the use thereof. The Client may not share this information with third parties or transfer it to them. Finally, it is advisable to notify us of any misuse of the website that may be committed by a client.

Applicable legislation and competent jurisdiction

These General Conditions are governed by and construed in accordance with the laws of Spain. In cases where legislation provides for the possibility of the parties submitting to a jurisdiction, MAHESO and the Client, expressly waiving any other jurisdiction that may apply, shall submit any disputes and/or litigation to the attention of the Courts and Tribunals of the city of Barcelona.

Notifications

All notices, requests, petitions and other communications that may need to be made by the parties in connection with these General Conditions must be in writing, and shall be deemed to have been duly made when they have been delivered by hand or sent via ordinary post to the address of the other party or e-mailed to that party, or to any other address or e-mail inbox that each party may designate for such purposes.

Null and Void Clauses

If any clause included in these conditions should be declared partially or totally ineffective or invalid, such invalidity or ineffectiveness will affect only that provision or the part thereof that is invalid or ineffective, with all other parts of the General Conditions persisting, taking such a provision, or the part thereof that is affected, as not established.