Legal Advise Sierra Blanca Estates
Legal Advise Sierra Blanca Estates
The current website (www.sierrablancaestates.com) is owned by Sierra Blanca Properties S.L. according to Art. 10 of Law 34/2002 of the Information Company Services, the identifying data of the page holder are:
Sierra Blanca Properties S.L.
Ctra. de Istán, Km 1,
Centro Comercial Le Village.
29602 Marbella. España.
Company registered in the Mercantile Registry of Malaga Tomo 3229, Libro 2142, Folio 53, Hoja MA-61093
1.1. These are the general terms (hereinafter “General Terms”) that regulate the access, navigating and use of websites under www.sierrablancaestates.com dominion (hereinafter, “Website”) also the responsibilities arising from the usage of its contents (being “contents” the texts, graphics, drawings, designs, codes, software, pictures, music, videos, sound, data base, images, expressions and information as well as any other creation protected by the national laws and international treaties of intellectual and industrial property.
In this sense, “User” means a physical or legal person that accesses, navigates, uses or participates in the services and activities, free of charge or paid, developed in the Website.
1.2 It is understood that by accessing, navigating, and/or just using the current Website the User expressly accepts all and each of the General Terms which are published at the moment of accessing the Website, which can be visualized and printed.
1.3 Third Parties different from the one identified in the header of the General Terms can be enabled through the website to advertise themselves. In such cases, these Third Parties will be perfectly identified and a direct relationship between User and the Third Party is established under the terms that the Third Party could set for the use, service or booking with them. According to the previous it is advised that the current General Terms set in the Website will not be applicable to that relationship between the User and the Third Party, therefore www.sierrablancaestates.com shall have no liability whatsoever derived from that relationship.
1.4 Sierra Blanca Properties S.L. reserves the right to modify at any time the terms and conditions of use in this Website, updating them in this same Website, therefore the user is advised to consult the Legal Disclaimer with reasonable frequency in case modifications have occurred.
The temporary validity of the General Terms coincide, therefore, with the time of exposure, until they are partially or totally modified, at which point the modified General Terms will become valid.
Irrespective of the provisions in the General Terms, the current website reserves the right to terminate, suspend or interrupt, any time without notice, the access to the contents and/or services of the page, inhibiting the user to demand any type of compensation. After said termination, the valid prohibitions of use of the contents will be those exposed previously in the current General Terms.
1.5 It is absolutely prohibited for the User to transmit to this Website any type of data that interfere with the rights of property of third parties, and which content could be menacing, defamatory, obscene, pornographic, or to transmit any type of material that constitutes or encourages such behaviour that is considered criminal offense
1.6 The contents included in this Website are meant exclusively for personal use. Any non-authorized commercial use of them or resale is absolutely prohibited, unless there is a previous written authorization.
Access, navigation or use of the Website is responsibility of the User who accepts to observe diligently and faithfully any additional instruction in relation to the use of the Website and its contents, given by authorized personnel of the site.
Therefore, the User agrees to use the Website, its services and contents in a diligent, correct and licit way and particularly agrees to refrain from:
- using the Website, services and contents with purposes and effects contrary to law, moral and to generally accepted good practices and public order.
- reproducing or copying, distributing, allowing the access to the public through any type of public communication , transforming or modifying the contents, unless an authorization has been given from the holder of the corresponding rights or is legally permitted.
- using the contents and particularly any type of information obtained through the page or from the services to provide advertising, communications with the purpose of direct sale or with the purpose of any other commercial activity, non-requested messages aimed at a number of people regardless of its purpose, as well as refraining from marketing or anyhow disclosing said information.
The information about prices, surface, quality and plans of developments by Sierra Blanca Properties S.L. supplied in this Website is approximate and meant for guidance, and does not constitute a binding offer for SIERRA BLANCA PROPERTIES, S.L.and is subject to possible changes any time without prior notice.
All the graphic documentation included in the current Website is merely illustrative and is subject to possible changes, particularly the different developments or real estate may vary along the technical process of projects and its implementation.
Sierra Blanca Properties S.L. is not liable for the effectiveness or accuracy of the mentioned information, being exempt of any contractual or extra-contractual responsibility with the User of it.
According to the Real Decreto 515/1989, of 21st April, about consumer protection as for information provided in the purchase-sale and rental of real estate property, which is at the Users disposal in the offices open for those purposes by Sierra Blanca Properties S.L.,the contracting being carried out under the rules and guarantees established in the Law 57/1968 of 27th July.
The contents , documentation, images, graphics, brands, logos and design that form the Website are property of Sierra Blanca Properties S.L.
This Website and its contents are protected by the legislation in force concerning intellectual property. The access to the Website does not mean the acquisition by the User of the property rights on the contents displayed in it. The session, sale, rental, modification, copy, reproduction, download, public communication, distribution or transformation of the Website contents are strictly prohibited if there isn’t an authorization of the holder or it is legally permitted.
The people or companies that submit any type of information or content to Sierra Blanca Properties S.L. assure this to be truthful and that it does not violate any right to a third party or is contrary to law and public order.
The reference to trademark or registered marks or distinctive signs, be it ownership of Sierra Blanca Properties S.L. or of third parties cannot be used without a consent by Sierra Blanca Properties S.L. or their legitimate owners.
The injury by third parties of the Intellectual Property rights or any other right about the content of this Website owned by Sierra Blanca Properties S.L. results in legally established responsibilities.
If you think that the content and/or information contained in this Website violates a legitimate right or the current regulations do not hesitate to contact us:
Sierra Blanca Properties S.L.
Ctra. de Istán km 1
Centro Comercial Le Village
This Website contains links to external pages, not being Sierra Blanca Properties S.L. responsible for the contents of such pages and being, therefore, responsibility of the User, who has to conform to terms and conditions regulating the use of the consulted pages. Moreover, Sierra Blanca Properties S.L. warns that the presence of such links to pages not owned by Sierra Blanca Properties S.L. is only for information purposes and does not represent any type of relationship, collaboration, dependency, suggestion, invitation, sponsorship, endorsement, or recommendation of these by Sierra Blanca Properties S.L.
To make links with the page www.sierrablancaestates.com it is necessary to have the express written permission by the owners of the portal.
Sierra Blanca Properties S.L., in pursuance of what is established in the LO 15/1999, of 13th December, Personal Data Protection and its regulation of development, informs that the personal data supplied will be saved in a personal data file, inscribed in the General Registry of Data Protection Agency, owned by Sierra Blanca Properties S.L., being its purpose to assist and process adequately the submitted consultation requests, as well as be able to inform and transmit information of services offered by Sierra Blanca Properties S.L. The referral of your data means that you give express consent to Sierra Blanca Properties S.L. to accomplish automated processing, as well as transfer them to companies of the group of which is part Sierra Blanca Properties S.L. and always for the fulfillment of the purposes indicated previously.
Your personal data will be treated strictly confidentially, having Sierra Blanca Properties S.L., as the responsible party for the file, adopted the necessary technical and organizational measures to guarantee confidentiality and security of the personal data avoiding their alteration, loss, non-authorized treatment or access.
Sierra Blanca Properties S.L. has implemented all the security measures required by the RD.994/99 to guarantee absolute confidentiality in the storage and processing of personal data as well as to avoid excesses by non-authorized third parties. The User is responsible for the accuracy of the data provided, all rights reserved by Sierra Blanca Properties S.L. to exclude from the services rendered in the current Website such User who has provided false or misleading data.
The User can exercise his rights to access, rectify, cancel or oppose to the treatment of his personal data at any time and free of charge in written form to:
Sierra Blanca Properties S.L.
Ctra. de Istán
km 1 Centro Comercial Le Village
Such request must contain the following data: User’s name and surname, address for notifications, copy of ID or passport and specific request of the application. In case of representation this must be proved with reliable documentation.
Concerning the navigation by the User, this Website will only keep the following information:
- The name of dominion provider (PSI) and/or IP address that give access to the network. For example, a User of the provider XXX will only be identified with the dominion xxx.es and/or the IP address. Thus we will be able to develop statistics about the most frequent countries and servers visiting our Website.
- Date and time of Access to our Website. This allows us to find out about peak hours and adjust accordingly to avoid saturation.
- The internet address from the starting link which directs to our Website. Thanks to this data we will be able to detect the effectiveness of banners and links which aim at our server for the purpose of upgrading the ones which offer better results.
- The daily number of visitors in each section. This allows to recognize the most successful areas and upgrade their contents so that the Users get a better result.
- The information obtained is completely anonymous and in no case will be associated to a concrete identified User.
- Date and time of last visit to our Website by the User.
- Design of contents that the User chose during the first visit to our Website.
- Security elements involved in the control of access to restricted areas.
- The User may avoid the generation of cookies by selecting the corresponding option in his browser program. Nevertheless the company does not take responsibility for the malfunction of the page when these are blocked.
Sierra Blanca Properties S.L. is not liable for possible damages generated by interferences, omissions, interruptions, viruses, worms, “troyan horses”, telephone faults, caused by reasons beyond Sierra Blanca Properties S.L., nor for delays or blockages while using the current electronic system caused by defects or overloads of telephone lines or overloads either in the internet system or any other electronic system, as well as the ones that could be generated by third parties via illegal interferences beyond the control of Sierra Blanca Properties S.L.
Sierra Blanca Properties S.L. shall not be liable for eventual damage that could be caused for lack of availability and/or continuity of the current Website and the services offered in it.
Information contained in this Website may not be correct in spite of the efforts to maintain its veracity and updating by Sierra Blanca Properties S.L. personnel, therefore Sierra Blanca Properties S.L. will not be held liable for any direct or indirect damage or harm that could cause the integrity or veracity of such information, neither for the use of the content of this Website by third parties, nor the possible errors in the access to it, being this sole responsibility of the person who accesses or uses them.
Sierra Blanca Properties S.L. warns that the use of this Website by the User and the information obtained through it as well as the information visualized through access to other websites via links is solely responsibility of the User as some may find these images disturbing or harmful.
Sierra Blanca Properties S.L. assumes no responsibility for the content of any forum or debate in cyberspace (chat), newsletters or any type of transmissions related to this Website and will cooperate if required by judicial order or relevant authorities, to identify people responsible for contents that break the law.
Sierra Blanca Properties S.L. is not liable for any harm caused to oneself or a third party by somebody who violates the terms, conditions or instructions set in the Website or through its security systems.
Sierra Blanca Properties S.L. assumes no responsibility for information introduced by Users or third parties nor for breach of law, moral or of generally accepted good practices and public order as a consequence for transmitting, spreading, storage, provision, reception, obtaining or access to the contents.
No liability is assumed for any damage or harm of any type caused by the advertisement or contents of third parties through the page, particularly those caused by:
- breach of law, moral or of generally accepted good practices and public order.
- incorporation of virus or any other computer code, file or program that may damage, interrupt or inhibit the normal functioning of any software, hardware or telecommunications equipment.
- breach of intellectual or industrial Property rights, corporate secrets of any type of contractual commitments.
- any type of acts that may constitute unlawful, deceptive or unfair advertising.
- lack of veracity, exactness, quality, relevance and /or update of the contents transmitted, spread, stored, received, obtained, provided or made available.
- violation of the rights of honor, personal and family privacy and of the image of individuals or in general any type of third parties rights.
- inadequacy for any type of purpose and betrayal of generated expectations, or vice and defects that may be generated in relation to third parties.
- failure or delay in compliance, defective performance or curtailment for any reason of the obligations contracted by third parties or made with third parties.
The User will be held liable and will have to compensate Sierra Blanca Properties S.L. for any damage or harm that may derive from using and /or consulting the current Website, breaching the general terms or the regulations in force.
The headings of the different terms are for information purposes and do not affect, rate or extend the interpretation of the General Terms.
In case any provision or provisions of these General Terms was/were to be found null or inapplicable , totally or partly, by any Court or any relevant administrative authority, such nullity or inapplicability will not affect the other provisions of the General Terms nor the particular of the different services.
The failure to exercise or enforce any right or provision contained in the General Terms shall not constitute a waiver of it, unless written acknowledgement or express agreement in this sense.
The current General Terms are edited in Spanish and are subject to the Spanish current legislation. For any dispute arising from the use of the provided services or the own contents of the Website, the parties involved, in acceptance of these conditions, shall submit to the Courts of Marbella (Spain)
© Sierra Blanca Prorties S.L. (member of the company group GRUPO SIERRA BLANCA, of which SIERRA BLANCA ESTATES is tradename).2013. All rights reserved.