In accordance with Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), the details of the entity or individual responsible for this website are set out below.
Name or company name: PELLICER & HEREDIA, C.B.
Tax ID No.: E-54471347
Registered office: San Fernando 46, 03001 – Alicante, Spain
Telephone: 34 965 480 737
Email: info@pellicerheredia.com
PELLICER & HEREDIA, C.B. is the owner of the domain name and website accessible via the address: https://www.pellicerheredia.com
I.Purpose
These General Terms and Conditions of Use govern the use of the website https://www.pellicerheredia.com, which PELLICER & HEREDIA, C.B. (hereinafter PELLICER & HEREDIA – Lawyers Alicante) makes available to visitors to its website in order to provide them with information about its own products and services and/or those of third-party partners, and to facilitate their access to such products and services, as well as the procurement of goods and services through the website (collectively referred to as the ‘Services’).
To contact PELLICER & HEREDIA – Lawyers Alicante, you can use the postal address given above, as well as the email address info@pellicerheredia.com, and the telephone number 34 965 480 737.
Given the very nature of the Website, as well as its content and purpose, virtually all browsing of the Website must be carried out as a User, a status which is acquired in accordance with the procedures set out herein. Consequently, this status as a User implies acceptance of the General Terms and Conditions in the version published at the time the Website is accessed. PELLICER & HEREDIA – Lawyers Alicante reserves the right to modify, at any time, the layout and configuration of the Website, as well as these General Terms and Conditions. For this reason, PELLICER & HEREDIA – Lawyers Alicante recommends that the User reads them carefully each time they access the Website.
In any event, there are pages on the Website that are accessible to the general public, in respect of which PELLICER & HEREDIA – Lawyers Alicante also wishes to comply with its legal obligations and to regulate their use. In this regard, users who access these parts of the Website agree, by virtue of accessing the aforementioned pages, to be bound by the terms and conditions set out in these General Terms and Conditions, to the extent that they may apply to them.
Finally, due to the very nature of this Website, the content of these General Terms and Conditions may be amended or updated. For this reason, the User, as well as other users who do not hold this status, are obliged to review these General Terms and Conditions each time they access the Website, accepting that the relevant terms and conditions in force at the time of access shall apply to them.
II.Access and security
Access to the Services requires users to register in advance, once they have accepted the General Terms and Conditions, at which point they will be considered Users and become part of the so-called ‘PELLICER & HEREDIA – Lawyers Alicante Private Community’. The User’s login details will consist of their email address and a password. To access the User’s own account, this identifier must be entered, along with a password that must contain at least 4 characters.
The password is for personal use only and is non-transferable; it may not be disclosed to third parties, even on a temporary basis. Accordingly, the User undertakes to use the password diligently and to keep it confidential, and accepts full responsibility for any consequences arising from its disclosure to third parties.
If the User becomes aware of or suspects that their password is being used by a third party, they must change it immediately, in accordance with the instructions provided on the Website.
III. Proper use of the services
The User undertakes to use the Services in a diligent, proper and lawful manner and, in particular, including but not limited to the following, undertakes to refrain from:
(a) use the Services in any manner, for any purpose or with any effect that is contrary to the law, morality, generally accepted standards of conduct or public order;
(b) reproduce or copy, distribute, make available to the public through any form of public communication, adapt or modify the Services, unless authorised by the holder of the relevant rights or where this is permitted by law;
(c) to engage in any act that may be considered an infringement of any intellectual or industrial property rights belonging to PELLICER & HEREDIA – Lawyers Alicante or to third parties;
(d) to use the Services and, in particular, any information of any kind obtained through the Website to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, or to market or disclose such information in any way;
The User shall be liable for any and all damages that PELLICER & HEREDIA – Lawyers Alicante may suffer as a result of or in connection with a breach of any of the obligations set out above, as well as any other obligations included in these General Terms and Conditions and/or those imposed by law in relation to the use of the Website.
PELLICER & HEREDIA – Lawyers Alicante shall at all times ensure compliance with the legal system in force, and shall be entitled, at its sole discretion, to suspend the Service or exclude the User from the Website in the event of the alleged commission, whether complete or incomplete, of any of the offences or misdemeanours defined by the current Criminal Code, or in the event of observing any conduct which, in the opinion of PELLICER & HEREDIA – Lawyers Alicante is contrary to these General Terms and Conditions, the General Terms and Conditions of Contract applicable to this Website, the Law, the rules established by PELLICER & HEREDIA – Lawyers Alicante or its collaborators, or which may disrupt the proper functioning, image, credibility and/or reputation of PELLICER & HEREDIA – Lawyers Alicante or its collaborators.
IV. Returns and Refund Policy
PELLICER & HEREDIA – Lawyers Alicante is a provider of professional services; therefore, all work carried out is always performed on the basis of terms agreed in advance, invoiced and paid for by the client. Consequently, once the work has been carried out, no refund is possible.
IV. I. Refund policy
Refunds are only available in the following circumstances:
(a) If you need to cancel an order or assignment that has been paid for in advance and has not yet been started, you must notify PELLICER & HEREDIA – Lawyers Alicante within 48 hours of making the payment so that the assignment can be cancelled, thereby avoiding unnecessary costs. Any work not yet commenced at the time of requesting cancellation may be subject to our refund policy.
(b) If, for exceptional reasons, PELLICER & HEREDIA – Lawyers Alicante is unable to complete a commissioned piece of work for which payment has already been made, a full and immediate refund will be issued.
(c) Refunds will only be made in the same currency used to pay for the service.
IV. II. Returns policy
As PELLICER & HEREDIA – Lawyers Alicante is a service provider, and given that these services are intangible, they cannot be refunded. Therefore, refunds cannot be accepted under any circumstances.
Furthermore, if you have any queries or questions, or wish to request further information or clarification regarding any aspect of our commitment and service to clients, please do not hesitate to contact our firm, PELLICER & HEREDIA; we will be happy to assist you at our office on 34 965 480 737 from Monday to Thursday, 9.00 am to 7.00 pm, and on Fridays from 9.00 am to 2.00 pm, or by email at info@pellicerheredia.com
V. Property rights
All content on the Website, such as text, graphics, photographs, logos, icons and images, as well as the graphic design, source code and software, is the exclusive property of PELLICER & HEREDIA – Lawyers Alicante or of third parties, whose rights in this regard are lawfully held by PELLICER & HEREDIA – Lawyers Alicante, and is therefore protected by national and international law.
The use of any intellectual property for commercial purposes, as well as its distribution, modification, alteration or decompilation, is strictly prohibited.
Any infringement of the aforementioned rights may constitute a breach of these provisions, as well as an offence punishable under Articles 270 et seq. of the Criminal Code.
Users who submit comments, opinions or feedback to the Website via email or by any other means, where the nature of the Services permits this, are deemed to authorise PELLICER & HEREDIA – Lawyers Alicante to reproduce, distribute, publicly communicate, adapt and exercise any other right of exploitation of such observations, opinions or comments, for the entire duration of copyright protection provided for by law and without territorial limitation. Furthermore, it is understood that this authorisation is granted free of charge.
Any complaints that Users may wish to make regarding potential infringements of intellectual or industrial property rights in relation to any of the Services on this Website should be sent to the following email address: info@pellicerheredia.com
VI. Disclaimer of warranties and liability
Notwithstanding the provisions of the General Terms and Conditions relating to the sale of goods set out on this Website, PELLICER & HEREDIA – Lawyers Alicante accepts no liability for the truthfulness, accuracy or quality of this Website, its services, information and materials. These services, information and materials are provided ‘as is’ and are made available without warranty of any kind.
PELLICER & HEREDIA – Lawyers Alicante reserves the right to suspend access to the Website, as well as the provision of any or all of the Services offered through it, at any time and without prior notice, whether for technical, security, monitoring or maintenance reasons, due to power cuts or for any other justified cause.
Consequently, PELLICER & HEREDIA – Lawyers Alicante does not guarantee the reliability, availability or continuity of its Website or the Services; therefore, the User uses them at their own risk, and PELLICER & HEREDIA – Lawyers Alicante cannot be held liable in this regard under any circumstances.
PELLICER & HEREDIA – Lawyers Alicante shall not be liable in the event of any interruptions to the Services, delays, errors, malfunctions or, in general, any other issues arising from causes beyond the control of PELLICER & HEREDIA – Lawyers Alicante, and/or due to wilful misconduct or negligence on the part of the User and/or arising from unforeseeable circumstances or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall also be understood to include, for the purposes of these General Terms and Conditions, all events occurring beyond the control of PELLICER & HEREDIA – Lawyers Alicante, such as: failure of third parties, operators or service providers, acts of government, lack of access to third-party networks, acts or omissions by public authorities, events arising from natural phenomena, power cuts, etc., and attacks by hackers or third parties specialising in the security or integrity of computer systems, provided that PELLICER & HEREDIA – Lawyers Alicante has adopted reasonable security measures in accordance with the state of the art. In any event, whatever the cause, PELLICER & HEREDIA – Lawyers Alicante shall not accept any liability whatsoever for direct or indirect damages, consequential damages and/or loss of profit.
PELLICER & HEREDIA – Lawyers Alicante accepts no liability for damages of any kind that may arise from any lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed via the Website, or for Services provided or offered by third parties or entities. PELLICER & HEREDIA – Lawyers Alicante shall endeavour, as far as possible, to update and rectify any information hosted on its Website that does not meet the minimum standards of accuracy. However, it shall be exempt from liability for any failure to update or rectify such information, as well as for the content and information contained therein. In this regard, PELLICER & HEREDIA – Lawyers Alicante has no obligation to monitor and does not monitor the content transmitted, disseminated or made available to third parties by Users or contributors, except in cases where this is required by applicable legislation or when requested by a competent judicial or administrative authority.
Similarly, PELLICER & HEREDIA – Lawyers Alicante accepts no liability for damages of any kind that may arise from the presence of viruses or other harmful elements in the content, which may cause disruption to computer systems or to the documents or systems stored therein. PELLICER & HEREDIA – Lawyers Alicante accepts no liability for the User’s use of the Website’s Services or their passwords, or of any other material on the Website, in breach of intellectual or industrial property rights or any other rights of third parties. The User undertakes to hold PELLICER & HEREDIA – Lawyers Alicante harmless from any damage, loss, penalty, expense (including, without limitation, lawyers’ fees) or civil, administrative or any other liability that PELLICER & HEREDIA – Lawyers Alicante in connection with the User’s breach or partial or defective compliance with the provisions of these General Terms and Conditions or applicable legislation, and, in particular, in relation to their personal obligations regarding Urban Planning Lawyers as set out in these terms and conditions or established in the Data Protection Act (LOPD) and its implementing regulations.
VII. Links to other websites
PELLICER & HEREDIA – Lawyers Alicante does not guarantee nor accept any liability for any loss or damage suffered as a result of accessing third-party services via connections, links or hyperlinks on linked websites, nor for the accuracy or reliability of such services. The sole purpose of the links appearing on PELLICER & HEREDIA – Lawyers Alicante is to inform the User of the existence of other sources of information on the Internet, where they may expand upon the Services offered by the Portal. PELLICER & HEREDIA – Lawyers Alicante shall in no event be liable for the results obtained through such links or for the consequences arising from Users’ access to them. These third-party services are provided by those third parties; consequently, PELLICER & HEREDIA – Lawyers Alicante cannot and does not control the lawfulness of the services or their quality. Consequently, the User must exercise extreme caution when assessing and using the information and services contained in third-party content.
VIII. Governing law and jurisdiction
The use of this website and any contracts for the purchase of products via this website shall be governed by Spanish law. Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are entering into a contract as a consumer, nothing in this clause shall affect the rights to which you are entitled as a consumer under current legislation.