LEGAL NOTICE AND CONDITIONS OF SALE AND USE
Accessing, browsing and using the website https://www.israelhuertas.com (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of these Conditions of Use, having the same validity and effectiveness as any contract entered into in writing and signed.
Your observance and performance will be enforceable against anyone accessing, browsing or using the Website. If you do not agree to the above terms, do not access, browse or use the Website.
Holder: Israel Huertas Salazar
Registered office: C/La Bolina, Urb. Cortijo Amaya, 29770 Torrox
CODE: 34029542F .
The present Conditions of Use regulate the conditions of sale, access, navigation and use of the present Web Site, without prejudice to the fact that the provider reserves the right to modify the presentation, configuration and content of the same, as well as the conditions required for its access and/or use. The access and use of the contents of the Web Site after the entry into force of its modifications or changes suppose the acceptance of the same ones.
However, access to certain contents and the use of certain services may be subject to certain specific conditions, which will in any case be clearly shown and must be expressly accepted by the users. These particular conditions may replace, supplement or, where appropriate, modify these Conditions of Use.
Similarly, we inform users about their rights and obligations in relation to the content displayed through the Website, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.
TERMS OF SALE
In compliance with the decree of the Regional Government of Andalusia 218/2005 of 11 October, customers are informed that notary, registry, agency, taxes and other expenses inherent to the purchase, are not included in the price shown on each property on the website.
REAL ESTATE INTERMEDIATION FEES ADDITIONAL TO THE SALE PRICE, ARE INCLUDED, unless explicitly stated!
The indicated price does not include expenses or taxes.
In case of First Transmission: The additional expenses to the price on the part of the buyer are: Value Added Tax (VAT) applicable to the new property / first transfer is 10% (and 4% in the case of a protected property).
In the case of Second and/or Subsequent Transmissions: The additional expenses to the price on the part of the buyer are: I.T.P. Transfer Tax (8% up to €400,000, 9% between €400,000 and €700,000 and 10% from €700,000).
In addition, the formalization in public document of the contract of sale (deeds) is subject to A.J.D. Documented Legal Acts 1,5% on the price of the purchase, expenses of inscription in the registry and notary’s office.
If you wish, you can have a copy of the corresponding informative file of this property at my office according to Decree 218/2005 of 11 October.
ACCESS AND REGISTRATION
Access to the contents of the Website is completely free of charge, without prejudice to the fact that there may be particular sections or services that require the payment of an economic amount for their use and enjoyment, of which in any case the user will be duly informed and must expressly accept in order to be able to enjoy them.
If the user does not have a user name and password to access the Website, the user must register from the following link: https://IsraelHuertas.com, where they must enter all their real and true data, as this will be the only way we will be able to process any orders that may be made in the future, as well as correctly manage the business relationship with the user.
Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it will be presumed that access has been made with the prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that the provider reserves the right to carry out as many verifications as it deems appropriate.
Access to and browsing of the Website do not require registration, although in order to make any purchase or to receive advertising, information and periodic offers of our promotional campaigns and our products, it will be necessary to fill in the web forms provided for this purpose. Registration on the Website is, unless otherwise indicated, free of charge.
Under no circumstances will the provider be responsible for the veracity of the registration data provided by users, so each of these will be solely responsible for the possible consequences, errors and failures that could result from the lack of quality of data.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The provider is the owner or, as the case may be, has the corresponding licenses on the rights of exploitation of intellectual and industrial property of the Website, as well as all content offered on it, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and services available through it.
In no case shall it be understood that access, navigation and use of the Website by the user or the use, acquisition and/or contracting of products or services offered through it implies a waiver, transmission, license or total or partial assignment of such rights by the provider. The user has the right to use the contents and/or services of the Website within a strictly domestic scope and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions of Use.
References to registered trademarks or trade names, or other distinctive signs, whether owned by the provider or third parties, carry an implicit prohibition on their use without the consent of the provider or its legitimate owners. At no time, unless expressly stated otherwise, access, browsing or use of the Website and / or its contents gives the user any rights over distinctive signs included therein.
All intellectual and industrial property rights over the contents and/or services of the Website are reserved and, in particular, it is forbidden to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included on the Website, for public or commercial purposes, without the prior express written authorisation of the provider or, where applicable, of the holder of the corresponding rights.
Likewise, it is forbidden to remove or manipulate the indications of copyright or other credits that identify the owners of the rights of the contents that the user finds on the Web Site, as well as the technical protection devices, digital fingerprints, or any protection mechanism or information incorporated into the contents offered on the Web Site.
In the event that the user sends information of any kind to the provider through any of the channels provided for the purpose, the user declares, guarantees and accepts that it has the right to do so freely, that such information does not infringe any intellectual property rights, industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The user acknowledges assuming responsibility, leaving the provider harmless for any communication provided personally or on his behalf, reaching such responsibility without restriction whatsoever accuracy, legality, originality and ownership thereof.
Should the user become aware of the existence of any illegal or illegal content, contrary to the law or which may involve an infringement of intellectual and/or industrial property rights, he or she must immediately notify the provider via the e-mail address firstname.lastname@example.org so that the latter may proceed to adopt the appropriate measures.
Similarly, in the event that any user or third party considers that any of the contents of the Website owned by the provider violates their intellectual property rights and / or industrial and any other rights, should send a communication to email@example.com with the following information:
Identifying data and means of contact of the claimant or its legal representative.
Documentation accrediting your status as owner of the rights allegedly infringed.
Detailed description of the rights allegedly infringed by the provider, as well as their exact location within the Web Site.
Express statement by the claimant that the use of the contents has been made without the consent of the owner of the rights allegedly infringed.
LINKS TO OTHER WEBSITES
In the event that the Web Site shows links to other web pages through different buttons, links, banners or embedded content, the provider informs that these are directly managed by third parties, not having the provider or human or technical means to know in advance and / or control and / or approve all information, content, products or services provided by other platforms to which links can be established from the Web Site.
Consequently, the provider may not assume any liability for any aspect relating to the platform or website to which a link could be established from the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents in general.
In this sense, if users have effective knowledge that the activities developed through these third-party websites are illegal or contravene morality and / or public order, they must immediately notify the provider in order to proceed to disable the link access to them, action to be carried out in the shortest time possible.
In any case, the establishment of any type of link from the Website to another website does not imply that there is any relationship, collaboration or dependence between the provider and the person responsible for that other website.
LINKS TO THE PROVIDER’S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
The provider makes available to users, through different tools and applications, means of link that allow users to access the channels and pages of the Web Site that the provider maintains on different platforms and social networks owned and / or managed by third parties (eg Facebook, Twitter, Pinterest, Google +, etc.). The inclusion of these links on the Website has the sole purpose of facilitating users’ access to these channels on different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between the provider and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by the provider of their content and / or services, being its owner, manufacturer or distributor the only responsible for them.
The activation and use of these applications may entail the identification and authentication of the user (login/password) in the corresponding platforms, completely external to the Website and beyond the control of the provider. When accessing these external networks, the user enters an environment not controlled by the provider, so the provider will not assume any responsibility for the security configuration of these environments.
Given that the provider has no control over the content hosted on these channels, the user acknowledges and accepts that the provider assumes no responsibility for the content or services that the user may access on these pages, or for any content, products, services, advertising, or any other material available on them. For this reason, the user must exercise extreme caution in the evaluation and use of the information, contents and services existing in the linked channels, and about the information of themselves or third parties that they wish to share in said channels.
LINKS ON OTHER WEB PAGES TO THE WEBSITE
The provider does not authorize the establishment of a link to the Website from those pages that contain illegal, illegal, degrading, obscene materials, information or content and, in general, that contravene laws, morals or public order, or generally accepted social norms.
In any case, users may establish links on their respective web pages that lead to the Web Site, provided that they comply with the following conditions: a) the link may not reproduce the contents of the Web Site or parts thereof in any way; b) it is not permitted to create a browser or a border environment on the sections of the Web Site, nor may the Web Site be modified in any other way; c) it is not permitted to make false or inaccurate or incorrect statements or indications about the Web Site and/or, in particular, to state or imply that the provider has authorized the link or has supervised or assumed in any way the contents or services offered or made available on the web page on which the link is established; d) the web page in which the link to the Web Site is established will not contain information or contents that are illicit, contrary to morality and generally accepted good customs and public order, nor will it contain contents that are contrary to any third party rights, including intellectual and industrial property rights and/or the right to honour, to personal or family privacy or to one’s own image or any other right, or contents that are contrary to the regulations governing the protection of personal data.
The provider has no power or human or technical means to know, control or approve all information, content, products or services provided by other websites that have established links to the Website. The provider assumes no responsibility for any aspect relating to the website that establishes that link to the Web Site, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its content in general.
WEBSITE USAGE RULES
It is not permitted and, therefore, its consequences will be the sole responsibility of the user, access or use of the Website for illegal or unauthorized purposes, with or without economic purpose. In particular, and without the following list being of an absolute nature, it is prohibited:
Use the Web Site in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;
Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
Use the Website to collect personal data from other users;
Use the Website illegally, contrary to good faith, morals and public order;
Registering through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may mislead other users as to the identity of the origin of a message;
Unauthorized access to any section of the Website, to other systems or networks connected to the Website, to any server of the provider, or to the services offered through the Website, by means of piracy or forgery, password extraction or any other illegitimate means;
Violate, or attempt to violate, the security measures or authentication of the Website or any network connected to it, or the security measures or protection inherent in the content offered on the Website;
Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Web Site or in the systems or networks of the provider, as well as in the systems and networks connected to the Web Site; or
Prevent the normal development of an event, competition, promotion or any other activity available through the Website or any of its functionalities, whether altering or trying to alter, illegally or in any other way, the access, participation or functioning of the former, or falsifying the result thereof and/or using fraudulent participation methods, by means of any procedure, and/or through any practice that attempts or violates in any way these Conditions of Use.
The breach of any of the foregoing obligations by the user may involve the adoption by the provider of appropriate measures protected by law and in the exercise of their rights or obligations, leading to the removal or blocking of the account of the user offender, without any possibility of compensation for damages caused.
Similarly, the Website has areas through which users can participate, publish their own content and / or share content, own or published by the provider. These areas may be owned by the provider and therefore dependent and controlled by it, or outside the provider, being independent social networks and outside our organization, for which we can not be responsible, nor the proper functioning, nor the conditions and policies provided by their managers, being the user himself who must consent and assume at all times the treatment that is made of the information published on such platforms.
In any case, we inform you that when the user participates in any of these areas, other users of the Website may access and use all content published by the user. The provider cannot control what use other people will make of these contents and, therefore, the provider is not responsible for this. The provider recommends that you do not publish personal data or materials protected by intellectual property rights and industrial or any other rights.
In order for the Website to be a safe environment, and to protect our users, it is strictly forbidden to publish content:
That can be considered as a violation in any form of fundamental rights to honor, personal and family privacy or the image of others and especially of minors;
That include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
That violate the secrecy of communications or involve an infringement of intellectual property rights and industrial or regulatory standards for the protection of personal data;
They contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, deceptive, fraudulent or in any way contrary to morality or public order;
That contain “spam” and / or links to sites unrelated to the space concerned;
That include advertising or commercial communications, for the issuance of messages for advertising purposes or for the collection of data for the same purpose.
The user who fails to comply with these prohibitions will be liable for any claim that occurs as a result. Although there is no claim from a third party, the provider reserves the right to prevent access to the Web Site or the possibility of participating in the spaces provided therein to users who do not comply with these conditions.
RESPONSIBILITIES AND GUARANTEES
The provider cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services of the Website, nor the usefulness or veracity of the documentation made available through it.
Consequently, the provider does not guarantee and is not responsible for: (i) the continuity of the contents of the Web Site; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components in the Web Site or in the server that supplies it; (iv) the invulnerability of the Web Site and/or the impossibility of violating the security measures adopted therein; (v) the lack of usefulness or performance of the contents of the Web Site; and (vi) the damages caused to itself or to a third party by any person who infringes the conditions, rules and instructions that the provider establishes on the Web Site or through the violation of the security systems of the Web Site.
However, the provider declares that it has taken all necessary measures, within its capabilities and the state of the art, to ensure the operation of the Website and minimize system errors, both from the technical point of view and the content published on the Website.
The provider does not guarantee the legality, reliability and usefulness of content provided by third parties through the Website. If the user had knowledge of the existence of any illegal content, illegal, contrary to law or that could involve an infringement of rights of third parties, must immediately notify the provider so that it can proceed to the adoption of appropriate measures.
The provider is not responsible for the accuracy, completeness or updating of the information published on the Web Site from sources outside the same, nor those contained in other platforms to which it links from the Web Site. The provider shall not be liable for any hypothetical damages that may arise from the use of such information.
SUSPENSION OF THE WEBSITE
CONFIDENTIALITY AND DATA PROTECTION
The temporary validity of the present Conditions of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified Conditions of Use will come into force.
Irrespective of the provisions of the particular conditions that may be established, the provider may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, with no possibility for the user to claim any compensation. After such termination, the prohibitions on the use of the contents set forth above in these Conditions of Use shall remain in force.
The contracting of any product and/or payment service offered by the provider will be regulated by the general and/or specific conditions of each specific service provided for this purpose.
APPLICABLE LAW AND COMPETENT JURISDICTION
Provided that the regulations in force to this effect provide the possibility for the parties to submit to a particular jurisdiction, for any dispute arising out of or related to this Website will apply Spanish law in force at the time of litigation, and we will submit to the Courts and Tribunals of Spain, as well as, where appropriate, the Arbitral Tribunals of consumer or similar to those we are adhered to at the time of the controversy.
In order to present claims in the use of our services, you can go by mail to the electronic or physical address indicated in the section “Identification”, committing us to seek at all times an amicable solution of the conflict.
Last update: 20/10/2018.