Ownership and object of the Web Platform
The Website www.tomecanic.es (hereinafter the "Website" or the "Platform") is a computer platform owned by TOMECANIC HISPANIA, S.A. (hereinafter the "Company" or "TOMECANIC"), a company legally incorporated under Spanish law with N.I.F. A58645862, with address at 2-4 Poligono Industrial Can Roca, 08292 Esparreguera (Barcelona) and registered in the Mercantile Register of Barcelona under Volume 10970, Book 9892, Section 2, Folio 40, Sheet 127749 Registration 1st
Our Website has been designed with the purpose of offering our Users, clients and consumers detailed information about our products and services.
The relations between the Website and the User will be governed by Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, by the Commercial Code, and other Spanish legislation that may apply.
Acceptance of the Terms and Conditions
The access to and use of our Platform as well as the information, services and content are subject to applicable legislation and governing regulations as well as to the provisions established in these Terms and Conditions of Use.
TOMECANIC reserves the right to modify the Terms and Conditions of Use of the Platform without notice to the User. In this respect, the User should regularly checks the Terms and Conditions of Use.
Registration. All Users, whether registered or not, undertake to browse the Web and use the content in good faith.
During the registration process, personal data will be requested from the User in order to comply with the purposes related to being able to attend his requests and keep his informed, including by electronic means, about our products and services.
Age. The User declares that he/she is of legal age (over 18 years) and has the necessary legal capacity to acquire the products offered on the Website, stating that he accepts to be bound to this agreement and declares to understand and fully accept the present
Terms and Conditions.
In the event that the User is underage, the authorization of the parents or guardians is required in order to acquire products through the Website, by means of a sufficient documentary evidence (e-mail or fax enclosing a duly signed authorization letter and a photocopy of the ID or passport that the Company would request prior to the acquisition of the products for these purposes).
Exclusions of Liability
Due to unforeseeable situations that characterize technological environments and the Internet, TOMECANIC reserves the right to temporarily suspend access or any of the features offered by the Platform, either for technical, security reasons or maintenance reasons. Also, TOMECANIC reserves the right to implement and make changes and/or updates to the Website at any time, with or without prior notice. In any case, the User acknowledges and accepts that TOMECANIC may carry out certain actions to prevent the User from accessing the Platform at certain times for limited periods. In this sense, the User accepts that TOMECANIC will not be responsible, as a result of said actions, for the elimination or failure to make available certain contents or functionalities of the Web platform.
TOMECANIC does not represent or guarantee the obtaining of concrete results after using the services of the Platform. Consequently, under no circumstances will TOMECANIC, its representatives, directors, employees be liable for any incidental, fortuitous, special or consequential damages, including, but not limited to, any loss of profits, data or business opportunities, errors of software, whether or not they are foreseeable and that result or have direct or indirect connection with the use of the Platform.
TOMECANIC is not responsible in any way for those contents, activities of any kind, products and services that can be accessed through electronic links, directly or indirectly, through our Platform, including those Websites of brands that collaborate with
TOMECANIC. The links included or that may be included in our Website do not represent any kind of relationship between TOMECANIC and the natural or legal persons who own the Websites that can be accessed through these links, nor does it imply any suggestion, invitation or recommendation about the site or its contents.
TOMECANIC is not responsible for any loss or damage that the User may suffer as a consequence of the inappropriate use of the Platform or if the User breaches the Terms and Conditions of the Website.
The User acknowledges and accepts that all the rights, titles and interests of and associated with the Web Platform, its contents and computer applications, if any, including any modification, update and new versions as well as any brand, commercial name, know how, copyrights, domain names and any other industrial or intellectual property rights inherent in the Platform are the exclusive property of TOMECANIC or are used by TOMECANIC under license and with the due authorization of the holders of said rights, titles or interests. In this sense, the User does not acquire any right of intellectual or industrial property for the simple use of our Website and any of its functionalities, with which, at no time will such use be considered as an authorization or license to use the contents of the Platform for purposes other than those contemplated in these Terms and Conditions of Use.
By virtue of the aforementioned, the total or partial reproduction, modification, transformation, copying, distribution, public communication or any other form of exploitation of the Website, its contents, applications, design and presentation of its contents as well as its source code and all those elements that make up the structure and appearance of the Platform is prohibited. Likewise, the User acknowledges and accepts that it is forbidden to decompose, reverse engineer or perform derivative works of the software that supports the operation and access to the Web page and the services contained therein.
Failure to comply with any of the provisions stipulated herein will mean that TOMECANIC will take the relevant legal actions against the infringer or infringers to defend its rights, titles and interests, including the right to claim the corresponding damages.
In case of breach of any of the commitments specified herein, the provision of the service through the Web to the User may be terminated or suspended, at any time, unilaterally and without prior notice.
This suspension or withdrawal will not, in any case, give any right to compensation to the User.
Applicable Law and Jurisdiction
The interpretation and application of the Terms and Conditions of Use of the Platform will be governed by Spanish Legislation. For the resolution of any discrepancy that may arise in the interpretation and/or execution of the Terms and Conditions of Use established herein, the parties submit to the jurisdiction and competence of the Courts of Barcelona. However, in the event that the Spanish or Regional Legislation for the Defense of Consumers and Users establishes the possibility that the User chooses the jurisdiction corresponding to his place of residence, the provisions of said regulations shall be followed.
For any question related to the services of our Platform and the Terms and Conditions that regulate it, you can contact us through a written request addressed to our offices:
TOMECANIC HISPANIA, .S.A
Motlle, 2-4 Pol. Ind Can Roca
08292 - ESPARREGUERA - BARCELONA
Teléfono+34 93 777 55 00