WEBSITE TERMS AND CONDITIONS OF USE AND LEGAL NOTICE

Access to the website hosted at https://www.mallorcafincavianden.com/ confers USER status and implies the full and unconditional acceptance of this legal notice and the most recent version of the privacy policy immediately following access thereto and/or use.  We therefore advise you to read these documents before using the functions available on this website, as well as each time you access it, as we reserve the right to alter, modify, add or withdraw part of these terms and conditions at any time.

Under no circumstances does mere access to this website constitute the existence of a commercial relationship between the user and the website.

I. WEBSITE OWNERSHIP

The following details regarding website ownership are provided in accordance with the provisions of Article 10 of Spanish Law 34/2002 of 11^th July on Information Society Services and Electronic Commerce:

• Website owner: BEATE VIANDEN (hereinafter MALLORCA FINCA VIANDEN)
• Principal place of business: Calle Cotlliure, n. º4, 1º, A, 07010 Palma, Balearic Islands, Spain
• Foreigners’ Identification Number (NIE): X4275050V

In addition to the principal place of business, the following channels are available for users to address their requests, queries or complaints:

• Website contact form
• info@mallorcafincavianden.com
• Tel: +34 871 771 936

II. TERMS AND CONDITIONS OF USE

1. Introduction. MALLORCA FINCA VIANDEN uses this website to provide information about real estate properties available for sale or rent on Majorca. Likewise, the website also contains details of MALLORCA FINCA VIANDEN’s art division. By accessing and using this website, you agree to be bound by the terms and conditions given below, and you are therefore advised to read this section carefully before you commence browsing.
2. Users’ obligations. Users undertake to make licit use of this website, pursuant to the provisions of these terms and conditions, thereby preventing any possible damage to the rights and interests of MALLORCA FINCA VIANDEN or third parties. By way of an example, this includes, but under no circumstances is limited to, the following undertakings by Users:

• Not to commit any actions that are illegal or contrary to public order or good faith.
• Not to use data published on the website to send unsolicited messages (spam).
• Not to use the website to enter or disseminate information or contents that are false, misleading, ambiguous or imprecise and that may deceive the recipients thereof. Likewise, not to disseminate contents of a racist, xenophobic or pornographic nature, or that constitute an encouragement to terrorism or attack human rights or those of minors.
• Not to carry out any actions that represent or entail a violation of the intellectual property rights of MALLORCA FINCA VIANDEN or third parties.
• Not to cause any damage to hardware and software that is the property of MALLORCA FINCA VIANDEN, its suppliers or third parties.
• Not to upload or disseminate online computer viruses or use any other hardware or software that may cause the damage referred to above.
• Not to eliminate, alter, elude or manipulate any protective devices or security systems that may be installed on the website pages.

3. Disclaimer of liability. This website is provided ‘as is’ and use thereof is entirely at the Users’ own risk. In this sense, neither MALLORCA FINCA VIANDEN, its administrators, employees, suppliers, nor its collaborators shall hold any liability whatsoever for damage of any nature, direct or other, resulting from the use of this website. Specifically, MALLORCA FINCA VIANDEN, in accordance with all legal provisions, is exempt from all forms of explicit or implicit guarantees.

MALLORCA FINCA VIANDEN does not guarantee the website’s availability and accessibility, although it shall make all reasonable efforts in this sense. Interruptions may occasionally occur for the periods of time necessary in order to carry out the corresponding maintenance operations.

MALLORCA FINCA VIANDEN accepts no liability whatsoever for the following:  possible damage resulting from interference, outages, computer viruses, telephone failures or disconnections for reasons that are not attributable to the aforementioned entity; delays or blockages to the use of the electronic system due to deficiencies or overloads in the data processing centre, telephone lines, Internet system or other electrical systems; or any other alteration to Users’ software or hardware. Furthermore, it does not guarantee the absence of viruses, malwares, trojans or other elements that may cause alterations to Users’ computer systems, documents or files and is exempt from all liability for damage of any kind suffered by Users for these reasons. Likewise, MALLORCA FINCA VIANDEN shall not be accountable for any damage caused by third parties due to illegitimate interference beyond its control.

Furthermore, it shall not be held liable for any damages resulting from the use or misuse of the website contents, or for any consequences that may arise from errors, defects or omissions in the contents that may be featured on this website, provided by the Users themselves or third parties. MALLORCA FINCA VIANDEN accepts no obligations or liability whatsoever for those services that it does not provide directly.

4. External links. Under no circumstances shall MALLORCA FINCA VIANDEN assume any liability whatsoever for the contents of links belonging to third party websites, or guarantee the technical availability, quality, reliability, scope, veracity, validity and legality of any materials or information hosted on said links or other Internet sites. Likewise, the inclusion of these external connections shall not imply any form of partnership, merger or stake in the connected organisations.
5. Processing of personal data. Users agree to the processing of their personal data within the scope and under the terms and conditions set forth in our policy privacy, which is available for consultation on the website homepage and is also annexed to these terms and conditions for reference purposes. This policy provides Users with details of how they may exercise their rights to access, eliminate, limit and rectify their personal data, and also oppose the processing and portability thereof.
6. Intellectual property and copyright. Without prejudice to the contents over which third parties hold intellectual property rights, the website’s intellectual property rights, the domain name, its source code, browsing design and structure, as well as the elements contained therein (including, but not limited to, images, sound, audio, video, software, copy, brands or logos, colour schemes, structure and design, etc.) are the property of MALLORCA FINCA VIANDEN, who holds the exclusive rights of exploitation in all possible forms thereof, and in particular the rights of reproduction, distribution, public communication and transformation, pursuant to the provisions of the Spanish Intellectual Property Law currently in force. The reproduction, distribution and public communication, including in provisioning mode, of all or part of the contents of this website in any format and using any technical means whatsoever are strictly forbidden without the authorisation of MALLORCA FINCA VIANDEN or, where appropriate, of the third parties that hold the intellectual property rights or copyright of the affected contents. Notwithstanding the above, website Users may view the elements of this website and even print them out or copy and store them on their computer hard drive or on any other device, provided that it is solely and exclusively for their personal and private use. Those organisations or persons that intend to create a link therewith, after obtaining the necessary authorisation from the website owner, must guarantee that said link only allows access to this website or service and does not reproduce its contents and services.
7. Nullity of clauses. Should one of the clauses included in these terms and conditions of use be declared null and void, this shall only affect said provision or the part thereof that has been so declared. The terms and conditions shall be upheld in all remaining clauses and said provision, or the affected section, shall not be considered as part thereof.
8. Acceptance. Access and use of the website necessarily imply that you expressly accept each and every one of these terms and conditions of use.
9. Applicable legislation and jurisdiction. This website shall be subject to Spanish legislation with the exclusion of its conflict of laws rules. Any disputes that may arise from its use or the services associated therewith shall be submitted to the jurisdiction and competencies of the Courts and Tribunals of Palma, and users therefore expressly waive any other jurisdiction to which they may be entitled.

The European Commission provides an online dispute resolution platform for consumers, which may be accessed via the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

Version 1.0 – July 2019