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General terms of use

Version 1.0 effective from November 1, 2020

  1. INTRODUCTION AND PURPOSE:

    SMART NET SL is a Spanish company, registered in the Commercial Registry of Madrid (Volume: 28,559 Page: 97 Section: 8 Sheet: M-514169 Entry 1), with CIF number: B-86133360 and registered office in Getafe (28906), c/ Investigación, 1 (hereinafter SMART NET), which operates in the areas of distribution and trade of goods and services; and is the owner of a website on the Internet (hereinafter, OFFICIAL RACING CLUB FERROL STORE ), through which it makes certain information available to its users as well as markets certain products and provides certain services. OFFICIAL RACING CLUB FERROL STORE It is accessible from several domains or Internet addresses, the main one being: https://store.racingclubferrol.net/

    Through the OFFICIAL STORE OF RACING CLUB FERROL, SMART NET provides its Users with access to and use of various services and content (hereinafter, the "Services") made available by SMART NET or by third parties. The purpose of these terms and conditions is to establish and regulate general access to the OFFICIAL STORE OF RACING CLUB FERROL , as well as to the various content and services provided by SMART NET or by third parties from and/or through it.

    Both access and general use of OFFICIAL STORE RACING CLUB FERROL grant the user the status of user thereof (hereinafter, the "User"), necessarily implying full and unreserved acceptance of each and every one of the provisions included in the general terms and conditions of access and use thereof.

    The User is expressly aware and accepts that these conditions may be subject to changes in the future at SMART NET's discretion and without any obligation to provide prior notice on its part. Consequently, it will be the sole responsibility of the User to verify the terms and conditions in force on each occasion on which he/she intends to use the OFFICIAL STORE OF RACING CLUB FERROL.

    The use of certain services offered to Users through the OFFICIAL RACING CLUB FERROL STORE -in particular the TRANSACTIONAL ENVIRONMENT or ONLINE STORE of the OFFICIAL RACING CLUB FERROL STORE - may be subject to specific conditions (hereinafter, the "Specific Conditions") which, depending on the case, may replace, complete and/or modify these general terms and conditions.

  2. ACCESS LEVELS AND USER REGISTRATION:

    In general, general access to the OFFICIAL RACING CLUB FERROL STORE is free and does not require prior User registration. However, SMART NET may condition access to certain areas and the use of some of the Services on prior completion of the corresponding User registration form.

    Likewise, SMART NET may make certain Services available to Users for the use of which may require the completion of additional registrations and/or payment of certain monetary compensation. Where applicable, such registration will be carried out in the manner expressly indicated in the service itself or in the specific conditions that regulate it.

    The User guarantees the veracity of all registration data provided to SMART NET and is responsible for keeping them completely updated. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to SMART NET or third parties due to the information provided.

    SMART NET reserves the right to refuse registration in the OFFICIAL RACING CLUB FERROL STORE . This refusal will not entail any right to compensation.

    Once the registration process is successfully completed, SMART NET will register the User in its database of registered Users. An account will be generated with your email address and associated “access password” for each User.

  3. USER OBLIGATIONS:

    The User's obligations, without prejudice to those arising from the clauses of this document, shall be the following:

    • The User shall be obliged to guarantee the veracity and accuracy of the registration data entered into SMART NET's information systems and to carry out any necessary updates to the same. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damages caused to SMART NET or third parties due to the information provided.
    • Safeguard the “username” and “access password” provided by SMART NET to the User with diligence, preventing access to them by unauthorized third parties and therefore ensuring their confidentiality.
    • Notify SMART NET immediately of any indication of the existence of a security breach of the OFFICIAL RACING CLUB FERROL STORE , of inappropriate or prohibited uses of the services provided from it, or of security breaches of any kind.
    • Make good use of the content, information and services provided from or through TIENDA OFICIAL RACING CLUB FERROL , in accordance with the law, good faith and generally accepted good customs, expressly committing to:
      • Refrain from carrying out practices or uses of the services for illegal or fraudulent purposes, harmful to the rights or interests of SMART NET or third parties, violating the rules contained in this contract or in the Specific Conditions that may regulate any of the services provided from or through the OFFICIAL STORE RACING CLUB FERROL .
      • Refrain from carrying out any type of action that could render useless, overload or damage the systems, equipment or services of TIENDA OFICIAL RACING CLUB FERROL or accessible directly or indirectly through the OFFICIAL RACING CLUB FERROL STORE.
      • Respect the intellectual and industrial property rights of SMART NET and third parties regarding the content, information and services provided from or through the OFFICIAL RACING CLUB FERROL STORE , generally refraining from copying, distributing, reproducing or communicating them in any way to third parties, unless there is express written authorization from SMART NET or the owners of said rights.
  4. INTELLECTUAL AND INDUSTRIAL PROPERTY

    All software and content of TIENDA OFICIAL RACING CLUB FERROL , including: texts, animations, images, etc. as well as the brands, trade names and/or distinctive signs displayed, are the property of SMART NET or third parties and are protected by national and international intellectual and industrial property laws.

    Any use other than the OFFICIAL RACING CLUB FERROL STORE , including the reproduction, modification, distribution, transmission, reissue, arrangements or representation of any elements thereof is strictly prohibited unless expressly consented to in writing by SMART NET.

  5. EXCLUSION OF WARRANTIES:

    Access to the OFFICIAL RACING CLUB FERROL STORE does not imply any type of guarantee, which is expressly refused by SMART NET, regarding the quality, veracity, accuracy, legality, timeliness or validity, as well as the usefulness or suitability for any purpose of whoever accesses them. Both access to the OFFICIAL RACING CLUB FERROL STORE as well as the use that may be made of the information and content included therein or that is accessible from it, is carried out under the exclusive responsibility of the User.

    SMART NET will not be liable in any case and to any extent, neither for direct nor indirect damages, nor for consequential damages nor for loss of profits, for any eventual damages derived from the use of the information and contents of TIENDA OFICIAL RACING CLUB FERROL or accessible from or through it.

    SMART NET does NOT in any way guarantee the quality, truthfulness, accuracy, legality, timeliness or validity, as well as the usefulness or suitability for any purpose of the contents that make up TIENDA OFICIAL RACING CLUB FERROL . SMART NET excludes, to the fullest extent permitted by law, any liability of any kind for the quality, truthfulness, accuracy, legality, timeliness, validity or usefulness/suitability for any purpose that the User may have attributed to the contents that make up TIENDA OFICIAL RACING CLUB FERROL .

    OFFICIAL STORE RACING CLUB FERROL may contain links to pages that, even within the OFFICIAL STORE RACING CLUB FERROL are under the responsibility of third parties. Likewise, OFFICIAL RACING CLUB FERROL STORE may contain links to external pages in any case. In both cases, SMART NET cannot control or supervise such content in any way. SMART NET excludes, to the fullest extent permitted by law, any liability of any kind arising from the existence or possibility of access to such content.

    Likewise, SMART NET shall not be liable under any circumstances, even indirectly or subsidiarily, for products or services provided or offered by other persons or entities, or for content, information, communications, opinions or statements of any kind originating or issued by third parties and which are accessible through the SMART NET Web Pages.

    Security and Privacy:

    SMART NET will reasonably employ the means at its disposal to provide security systems that reasonably protect its systems and the data contained therein against deliberate attacks, malicious software, etc.

    However, the User understands and accepts the aspects involved in the provision of services via the Internet given the open, decentralized and global nature of this communications network.

    For this reason, SMART NET does NOT guarantee the impregnability of its security systems or the privacy of the information stored therein. SMART NET excludes, to the fullest extent permitted by law, any liability of any kind for security breaches in TIENDA OFICIAL RACING CLUB FERROL and the consequences that may arise from them.

    Use of 'cookies': OFFICIAL STORE RACING CLUB FERROL SMART NET uses 'session cookies' with the sole purpose of allowing and facilitating user interaction with it. Likewise OFFICIAL STORE RACING CLUB FERROL SMART NET may use 'cookies' for the sole purpose of establishing metrics and patterns of use of the site. In neither case does SMART NET use or access 'cookies' for purposes other than those stated.

    System Interruptions and/or Suspension:

    In general, the different services will be available uninterruptedly on the Internet. However, the User is advised that SMART NET does NOT guarantee this continuity in any way due to the nature of the medium through which they are provided.

    The User understands and accepts the aspects involved in the provision of services via the Internet given the open, decentralized and global nature of the network.

    For example, but not limited to, the following are some of the situations that may temporarily interrupt the provision of such services:

    • Maintenance tasks on servers and/or data lines
    • Failures in servers and/or data lines
    • Deliberate attacks against system security and integrity
    • Computer viruses or the presence of malicious code on the pages that make up or are accessible from TIENDA OFICIAL RACING CLUB FERROL . SMART NET excludes, to the fullest extent permitted by law, any liability of any kind arising from the temporary interruption in the availability of TIENDA OFICIAL RACING CLUB FERROL. on the Internet.

    The User is hereby notified that SMART NET may at any time, at its sole discretion and without any obligation to give prior notice, permanently suspend the presence of TIENDA OFICIAL RACING CLUB FERROL on the Internet and therefore of the services provided from or through it, without prejudice to what may have been established in this regard in the corresponding Specific Conditions. SMART NET is exempt from any type of liability of any kind derived from the consequences that may occur due to the definitive suspension of the provision of said services.

    Warning about product stocks shown in the online store of TIENDA OFICIAL RACING CLUB FERROL :

    OFFICIAL STORE RACING CLUB FERROL consists of an online store section that displays information on stocks and available sizes of products communicated, in each case, by the manufacturer or distributor of the same.

    SMART NET makes efforts to keep the information on stock and sizes updated in the OFFICIAL RACING CLUB FERROL STORE , based on the information transmitted at any given time by the manufacturer or distributor, but cannot guarantee at all times that it is true and correct, as this information is provided by third parties.

  6. VOLUNTARY WITHDRAWAL, EXCLUSION FROM OFFICIAL RACING CLUB FERROL STORE AND RESPONSIBILITIES

    Any User may request to unsubscribe at any time as a user of the OFFICIAL RACING CLUB FERROL STORE . SMART NET will have a period of 30 days to examine the situation of said User with respect to all the services to which he/she is subscribed in order to, where appropriate, issue an invoice for all those consumptions that are pending collection upon receipt of the unsubscribe request.

    If there is no outstanding amount to be settled and/or collected, the cancellation will take effect immediately. Otherwise, the cancellation will be subject to the effective collection of said amounts by SMART NET.

    The User is responsible for the proper use of the OFFICIAL RACING CLUB FERROL STORE and the services contracted from or through it. Any use of the services to the contrary by the User will result in immediate exclusion from TIENDA OFICIAL RACING CLUB FERROL with the loss of their status as registered user of the same, without the right to any compensation and without prejudice to any corresponding legal actions that may be taken by SMART NET.

    The falsity of the personal and/or professional data provided by the User during the registration process in the OFFICIAL RACING CLUB FERROL STORE or in any of the services provided from or through it may result in immediate exclusion from TIENDA OFICIAL RACING CLUB FERROL with the loss of the status of registered user of the same, without the right to any compensation and without prejudice to the corresponding legal actions that may be taken by SMART NET or third parties.

    Any type of action by the user that could put at risk or damage systems, equipment or services accessible directly or indirectly through TIENDA OFICIAL RACING CLUB FERROL , will lead to their immediate exclusion from the same with the loss of their status as registered user of the same, without the right to any compensation and without prejudice to the corresponding legal actions that may be taken by SMART NET.

    Any type of action by the user that violates these terms and conditions, the Particular Conditions that may regulate specific Services, the Law or generally accepted good practices, will result in immediate exclusion from TIENDA OFICIAL RACING CLUB FERROL with the loss of their status as registered user of the same, without the right to any compensation and without prejudice to any corresponding legal actions that may be taken by SMART NET.

    The User will be solely responsible for any claim, legal, judicial or extrajudicial action, initiated by third parties against the User or against SMART NET, based on uses of the services contrary to the law, morality, good faith and generally accepted good customs.

  7. NOTIFICATIONS:

    For the purposes of making the appropriate notifications, SMART NET designates as its contact address the one specified as its own in the heading of these terms and conditions.

    The email address provided by the User during the registration process at TIENDA OFICIAL RACING CLUB FERROL will be used by SMART NET for the purpose of sending notifications to the User.

    The User is obliged to keep the data referenced in this clause for notification purposes duly updated.

    All Notifications made by SMART NET to the User shall be considered validly made if they have been made using the data and through the means indicated above. SMART NET shall not be liable for any damage that may occur due to the User's breach of their obligation to keep their contact details up to date.

  8. VALIDITY AND ENTIRE AGREEMENT:

    The declaration of nullity or invalidity of any stipulation contained in these terms and conditions shall not affect the validity and effectiveness of the other clauses.

    The present terms and conditions of the services provided by SMART NET through the OFFICIAL STORE RACING CLUB FERROL constitute the entire agreement between the parties and are deemed to be of superior rank to any prior written or verbal agreement, understanding, statement, representation, negotiation or intent to agree in relation to such subject matter.

  9. APPLICABLE LAW AND JURISDICTION:

    These terms and conditions shall be governed and interpreted in each and every one of their aspects by Spanish Law.

    Both SMART NET and the User undertake to try to resolve amicably any disagreement that may arise in the development of their own business relationships.

    For the resolution of any contentious issues that may arise from the development of the commercial relations that are specific to them, both parties agree to submit to the jurisdiction of the Courts and Tribunals of Madrid (capital), except - where applicable - mandatory legal submission to the jurisdiction of the parties.