Legal Disclaimer

Fincas Gandia

Terms and Conditions of Use

  1. Introduction

1.1. Thank you for choosing Fincas Gandía. By accessing and/or using this website and the associated URL addresses of www.fincasgandia.com, www.alkilando.com, www.evasancho.com (hereinafter referred to as ‘Websites’) you are accepting a binding contract with our entity. Your contract with us includes agreeing to comply with these “Terms and Conditions of Use” and our “Privacy Policy”. If you do not agree to be bound by the terms and conditions provided herein, please do not access or use the Websites.

1.2. The Websites are owned by FINCAS GANDIA SERVICIOS INMOBILARIOS, S.L.P. (hereinafter referred to as FINCAS GANDIA), with headquarters located at Calle Rambla Catalunya 81, 4-2, 08008, with tax ID number (TIN) B-64553589, registered with the Spanish Mercantile Register (Registro Mercantil) in volume 39609, sheet 34, page number B-348.009, and contact email address: hola@fincasgandia.com.

1.3.FINCAS GANDIA advises that it is the User’s obligation to read the terms and conditions of the Websites, considering them in force and therefore applicable. We recommend the User prints and saves a copy of these “Terms and Conditions of Use” for future reference, although such information will be available at all times on the website www.fincasgandia.com. All conditions can be stored and reproduced by the User’s/Client’s using any word processing tool available on the market.

1.4. To be able to use and navigate the Websites, the User must (a) be 18 years old or above, or be 16 years old and have the consent of their parent or guardian, and (b) have the ability to form a binding contract with us and that no applicable law prohibits it. The User guarantees that all of the information provided to FINCAS GANDIA is truthful, accurate, and complete and assures that this is true at all times.

  1. Purpose

2.1. The purpose of the present “Terms and Conditions of Use” is to regulate navigation, access, and use of the portal and its information. Browsing (i.e. searching through a website with the purpose of recognizing objects on it), assumes the automatic legal acceptance, and without any modification, of the terms, conditions, and warnings contained in the present text. The described conduct confirms the User’s acceptance, without need of a conventional signature on the part of the User, to the terms set forth herein without prejudice to the application of the relevant rules of mandatory compliance. It is the obligation of FINCAS GANDIA to warn that if the User disagrees with the present terms in this document, the user must refrain from accessing the Websites, and FINCAS GANDIA requires that the User immediately leave the Websites if he is in agreement with the aforementioned warning.

2.2 The User declares himself as a natural person or legal entity. FINCAS GANDIA declares, and the User recognizes, that FINCAS GANDIA provides a wide variety of information, services, and data, and the User assumes responsibility for the correct use of the Websites. This responsibility extends to all of the uses and practices that the User carries out on the Websites, as well as the use of information, services, and data offered by FINCAS GANDIA.

  1. User Guidelines

We have established a series of basic rules so that the User can follow them when they access the Websites, as well as when you hire our services. Please follow these rules:

3.1. Website Access Guidelines

3.1.1.To access the Websites, the User needs to have access and connection to the Internet, pay the access fees, have the equipment/device and the electronic systems necessary to achieve an internet connection, including a terminal that is suitable for the purpose (computer, phone, tablet, etc.) and a modem or other similar access device.

3.1.2. The User knows that the access and use of certain content and services of the Websites may involve downloading certain computer programs or other logical elements. The User is solely responsible for the installation of such programs or elements, releasing FINCAS GANDIA of any responsibility that may arise from it.

3.2. Guidelines for the Use of Websites by the User

3.2.1. The User is obliged to use the Websites, their conditions, the services they could offer, and their content, in accordance with the law, morality, good practices, and public order, and to not use them contrary to the present text, in a way that would be harmful to FINCAS GANDIA or third parties, or in any way that could damage, render unusable, or prevent a normal use of the Websites to other users.

3.2.2. The User shall refrain from actions that damage, interrupt or generate errors to FINCAS GANDIA systems, and they shall also refrain from introducing programs, viruses, macros, applets, AppleX controls, or any other logical device or sequence of characters that cause, or are likely to cause, any type of disruption to computer systems.

3.2.3 FINCAS GANDIA reserves the right to refuse or revoke access to the Websites and/or to the Services at any time without prior notice to those Users who breach the terms and conditions of use.

3.3. Limitation of Liability of FINCAS GANDIA for the Use of the Websites

3.3.1. The Websites may contain advertising or sponsored content. The advertisers and sponsors are solely responsible for ensuring that the submitted material, for the inclusion on the Websites, complies with all applicable laws. FINCAS GANDIA is not liable or responsible in any manner for any errors, inaccuracies, or irregularities that such advertising or sponsored content may contain.

3.3.2. FINCAS GANDIA makes every effort to provide truthful and accurate information without typographical errors. In the case of such involuntary mistakes, FINCAS GANDIA will correct the mistake as soon as possible and provide the User with information and options established by the current legislation.

3.3.3. FINCAS GANDIA will not be liable to the user in regard to:

  • The efficacy and velocity of the connection the User has to connect to the Websites.
  • The interferences, omissions, interruptions, computer viruses, power failures, or disconnections in the operation of the electronic system for reasons that are out of the control of FINCAS GANDIA.
  • The information introduced by the User and third parties, unaffiliated with FINCAS GANDIA and who do not have any type of contractual agreement or contractual collaboration.
  1. Link Policy and Disclaimer

4.1. The Websites may include links to third party websites. FINCAS GANDIA is in no way responsible for the content of third party websites that the User may access through the links that appear on the platform and will in no way exercise any type of control over the content of third party websites. Likewise, the Company will not guarantee the technical availability, accuracy, validity, or legality of unaffiliated third-party pages that can be accessed through the links.

4.2. FINCAS GANDIA declares that is has taken all necessary measures in order to avoid any kind of damage to the User that may arise from using the Websites. Consequently, FINCAS GANDIA is not liable, in any case, for any possible damages the User may suffer from browsing the Internet.

  1. Validity of the Present Text

5.1. FINCAS GANDIA reserves the right to make any modifications or changes that it deems necessary, without prior notice, to the content of the website. These include modifications to both the website content and the Terms and Conditions of Use. Such changes will be made via the website in any way permissible by law, and shall be binding during the time in which they remain published on the website and until they are replaced by subsequent modifications.

  1. Intellectual and Industrial Property

6.1. All of the texts, images, logos, trademarks, as well as the means and forms of presentation and assembly of the Websites, are owned by FINCAS GANDIA. Consequently, the work and content of the Websites are protected as the intellectual and/or industrial property by Spanish Law according to the Royal Legislative Decree 1/1996 of April 12, amending the Intellectual Property Act, regulating, clarifying, and standardizing the applicable statutory provisions on the matter and by the Law 17/2001 of December regarding trademarks, also applicable to both the Spanish and State legislation, and the international treaties on the matter that have been signed by Spain.

6.2. All Intellectual Property rights of the Websites are, and shall remain, the sole property of FINCAS GANDIA. It is strictly prohibited to reproduce, distribute, publicly communicate or transform, in whole or in part, any of the contents of the Websites without the express permission of FINCAS GANDIA.

  1. Applicable Law and Jurisdiction

7.1. FINCAS GANDIA also reserves the right to file civil or criminal actions that it deems appropriate for the improper use of its web pages and contents, or for the breach of these Terms and Conditions.

7.2. All parties agree, by their own free will, that the relationship between the User and FINCAS GANDIA shall be governed by Spanish Law and any dispute that could arise between the User and FINCAS GANDIA will be decided by the court or tribunal of the City of Barcelona.

  1. Data Protection Policy

8.1. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on 27 April 2016 concerning the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC, FINCAS GANDIA informs the User regarding the websites www.fincasgandia.com and derivatives (hereinafter, ‘Websites’), that the information that may be collected on the Websites will be stored and processed by FINCAS GANDIA, with the purposes of managing and maintaining the relationship with the User through the Websites, as well as for information, statistics, and commercialization of the services and activities related to them.

8.2. FINCAS GANDIA states that the legitimate basis that protects the storage and processing previously indicated is the existence of a legitimate interest, and the installation of cookies is legitimized by the existence of the consent given by the interested parties or, where appropriate, their legal representatives.

  • FINCAS GANDIA will keep the data for the duration of time the User has consented to, except for the cases in which we are legally obliged to preserve it.
  • In accordance with the rights conferred by the current data protection regulations, the User may contact the competent Control Authority to file a claim that they consider necessary, as well as exercise the rights to access, rectify, limit, suppress, transfer, or challenge the processing of data, as well as to revoke the consent previously given.
  • In accordance with Article 32 of Regulation (EU) 2016/679 of the European Parliament and Council on 27 April 2016, concerning the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC, FINCAS GANDIA commits to adopt the necessary technical and organizational methods, according to the level of risks that accompany the processing of data as specified previously in the Terms and Conditions of Use, in such a way as to guarantee the integrity, confidentiality, and availability of the data.

Likewise, FINCAS GANDIA states that in the event that the User enters data in the form of third party websites, the latter will be responsible for that data and those third parties must establish the necessary technical measures as described in the Terms and Conditions of Use.

FINCAS GANDIA states the possibility of exercising the rights to access, rectify, limit, suppress, transfer, or challenge the processing of data, which the user has and that can be exercised before FINCAS GANDIA. In accordance with Chapter III of the GDPR, you must take the following into account:

  • Right of Access: The User has the right to obtain information about their specific personal data and the processing of that data, as well as the available information regarding the origin of such data and the recipients of the communications made or anticipated thereof.
  • Right to Rectification: The User has the right to modify their personal data that is inaccurate or incomplete. This can be done only in relation to the information that is controlled by FINCAS GANDIA, for example, deleting comments that are made on the web page, images, or web content that contain the User’s personal data.
  • Right to Restriction of Processing: The User has the right to limit the processing of their personal data from the party responsible for data processing.
  • Right to Erasure: The User has the right to obtain the erasure of personal data, with the exception of what is stipulated in the GDPR or other applicable regulations that stipulate the obligation to retain them for the correct duration and in the agreed way.
  • Right to Data Portability: The User has the right to request the personal data that they have provided, in a structured, commonly used, and readable format, and to transmit this data to another controller.
  • Right to Object: The User has the right to object to the processing of personal data or to request that personal data not be processed by FINCAS GANDIA.

Accessing the Websites content and services, in full or in part, implies the acceptance and mandatory compliance, prior to access and without reservations, of this legal disclaimer.

Barcelona, 30 of June 2019

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