In compliance with the provisions of Act 34/2002 dated July 11, 2002 regarding the Society for Information and E-Commerce Services, Semantix Group S.L. (from hereon “Semantix”) hereby informs all User’s of its Website of the procedures and obligations that must be carried out for the effective enforcement of the contract:
User’s agree to:
a. Read the contents set down in these conditions carefully.
b. Introduce personal data and additional required information in order to contract the products offered in the Webs www.semantix.com, www.semantix.es, www.semantix.cat.
Semantix guarantees by way of that stipulated in these Conditions full compliance with the regulations covering the protection of Consumers and Users and which may be applicable, protecting their legitimate interests from the start to the conclusion of the contractual process for those products and services supplied through the Web.
On the one hand, Semantix, domiciled at Plaza Venezuela, nº 1 in Bilbao (Spain), with tax registration number B-95435632 and inscribed in the Vizcaya Company Registry, volume 4739, sheet 28, page BI-47083, is the owner of the portals www.semantix.com, www.semantix.es, www.semantix.cat and puts this portal at the service of Internet users with the objective of enabling the acquisition of products, dictionaries and services commercialised through the Web.
And, on the other hand, the User, whose details are those supplied directly by him by means of the incorporation of such details in the different forms that Semantix makes available in order for the User to obtain access to any of the services offered through the Web page, property of Semantix. This necessarily implies the reception of personal data such that the responsibility for the authenticity of the same is directly and exclusively that of the User.
PURPOSE OF THE CONTRACT
The objective of these Conditions is to regulate access to and the system for acquiring products and contents made available by Semantix to the User in its Web page and comprise the judicial framework to the contractual relationship.
ACCEPTANCE AND ACCESS
These Conditions regulate the judicial relationship derived from the contractual processes formalized by the User through the Web page of Semantix. The User expressly agrees in full and without reservations to these stipulations, in the version published by Semantix at the time the User contracts the product and/or contents in which he is interested. Therefore, the User commits to read carefully the contractual conditions each time he proceeds to contract any product, given that the conditions could have been modified since the last time he entered.
By accepting these General Conditions the User declares:
a. That he is a person of legal age.
b. That he has read and accepts these general conditions.
The User will always have access to, and in any case prior to the start of the procedure to contract products, the contractual conditions, which can be stored and/or reproduced in a hard medium.
MODIFICATION OF THE CONTRACTUAL CONDITIONS
Semantix may modify these stipulations providing there is sufficient cause or motive for doing so. Sufficient cause or motive will be assumed to exist, by way of announcement without being limited to, when the modification is intended to:
a. Amplify the range or number of products on offer to Users or to improve existing products..
b. Modify, substitute or update the prices of products offered through the Web.
FORM OF PAYMENT
Prices and tariffs applicable for contracting services on the part of the User will be those shown in the Web pages www.semantix.com, www.semantix.es, www.semantix.cat, property of Semantix, at the time the User accesses a specific service and initiates the contractual process.
Semantix reserves the right to modify the prices of products published in the Web page previously mentioned whenever it considers it convenient to do so, announcing such changes in the Web page.
The prices given in the product lists do not include applicable taxes, unless otherwise indicated. The total price and legal taxes appear in the final purchase summary.
The products offered can only be acquired by individuals or legal entities resident in countries not subject to the restrictions imposed by the United States export control regulations.
Specifically, these products cannot be downloaded or otherwise exported or re-exported:
a. in (to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Afghanistan (just Taliban)
b. or any other country to which the United States has impounded products
c. or any country included in the list of Countries especially designated by the United States Department of the Treasury or in the Table of Denials and Prohibition Orders of the United States Department of Commerce.
By downloading or using programs from this site, the User accepts everything stated above as well as all export control laws that may be applicable. The User guarantees he is not present in, nor is he a national or resident of, any of the countries stated in the previous paragraph or of those included in any of the lists mentioned.
The information supplied in this clause about export laws is not necessarily complete. For more information on export laws, contact the Export Administration Office of the United States Department of Commerce.
METHOD OF PAYMENT
As a general rule, all payments should be made in Euros or in US Dollars, unless otherwise indicated, independently of the payment method and country from which the purchase originates. Valid payment methods are:
Credit card fraud is a crime. This company will take legal action against anyone who undertakes a fraudulent transaction in our on-line shop.
For credit card payments, the charge will be made on-line, that is to say, in real time via PayPal or othersimilar services, once the details communicated have been checked. In this way we guarantee absolute confidentiality of bank data, which are transmitted directly and encrypted (SSL) to the PayPal servers or others so that Semantix does not have access to such data.
The prices and text published in www.semantix.com, www.semantix.es, www.semantix.cat are subject to variation without previous notice, including technical specifications. It is the customer’s responsibility to check the material delivered. Claims will only be admitted within 7 days of the delivery date. Otherwise, no claims or exchanges will be allowed.
In the case of an exchange of product that is defective, the buyer should get in touch with Semantix within the term legally established at the following e-mail address: orders [at] support.semantix.com .
Semantix will also meet any transport costs of the new product if necessary.
The risk of loss or damage of the merchandise corresponds to the customer from the moment the product is delivered to the customer.
Semantix will not be responsible under any circumstances for any damage caused by improper use of the media used to deliver the product.
DELIVERY POLICY AND DELIVERY TIMES
As a general rule, we reserve the right to vary the type of delivery and the company that makes the same providing this is not manifestly harmful to the customer.
The guarantee comprises in changing the product for another of equal characteristics in the event of damage in the factory or during transport.
This guarantee will be invalidated completely if the product is manipulated by the purchaser.
PROTECTION OF PERSONAL DATA
Access of Users to the portal and the purchase of products offered through the Web page imply the processing of personal data. Compliance with the regulations governing the protection of personal data and covering Information Society services and e-Commerce is very important to Semantix.
Generally, people who make use of the Web page do so without having to supply any personal data. Nevertheless, in order to access services, the Users, in certain cases, must supply some personal data. Semantix guarantees the confidentiality of personal data supplied by Users, according to that established in the regulations governing the Protection of Personal Data and covering Information Society services and e-Commerce.
Semantix complies with the current legislation on data protection, having adopted the administrative procedures and techniques necessary to guarantee the security of the personal data we compile.
In this sense, the User is herein informed and gives his consent to incorporate his details in the automatic files that are the property of Semantix, domiciled at Plaza Venezuela, nº 1 in Bilbao (Spain), with tax identification number B-95435632, and properly inscribed in the Personal Data Protection General Register, and to the automatic processing of his data, with the objective of managing the request, application or contract for any service, or any transaction or operation undertaken with the purpose of accessing the information or services offered by Semantix through its Web pages, and, if such is the case, to maintain the contractual relationship, as well as to send offers or publicity and promotional communications.
The User manifests that all data supplied by him are true and correct and he commits to communicate to Semantix any changes that may occur in the same. The User has the right to object to the processing of any of his data that are not indispensable for contractual purposes as well as their use for any purpose other than the maintenance of the contractual relationship.
Likewise, and in compliance with Law 34/2002 on Information Society services and e-Commerce, Semantix will only send offers and publicity and promotional communications by e-mail or by another equivalent means of electronic communication to those Users who have expressly given their consent.
Semantix informs the User he can cancel this type of communication by following the instructions that appear at the end of all our e-mails or by communicating the same in writing to the e-mail address: general [at] info.semantix.com .
RIGHTS AND OBLIGATIONS OF THE PARTIES
a. Obligations of Semantix
Semantix commits to comply with the following contractual obligations derived from the commercial relationship with the User and consequent to contracting the services by the same:
- Provide the User with the service requested and with the maximum guarantees in terms of that stipulated in the contractual conditions and in all good faith.
- Expressly inform the User of the existence of these conditions prior to the start of the contractual process.
- Inform the User of the specific characteristics of the services requested, such as their price and applicable taxes, in a concrete, clear, precise and unmistakeable manner prior to the start of the contractual process.
- Make available to the User an example of the text of the general conditions.
- Confirm to the User by e-mail the effective completion of the contractual process within a maximum of 24 hours from the acceptance by the User of the contractual conditions.
b. Obligations of the User
For his part, the User commits to:
- Undertake full compliance with that established in these conditions for the service supplied by Semantix.
- Complete the registration forms prior to the start of the contractual process with information that is true and correct.
- Supply in the correct format the bank details requested by Semantix.
- Pay the price of the products acquired irrespective of whether a claim has been lodged or not.
c. Rights of the User:
All the information supplied to the customer will be binding on the supplier in terms of that established in the current legislation.
All Users have the right to goods that conform to the category and the legal requirements contracted or to goods of such quality there is a direct proportional relationship with the category contracted.
CONDITIONS OF USE
The User commits to and guarantees to use the Web in terms of that established in the general contractual conditions, in the applicable regulations as well as in terms of that dictated by morality and good manners.
By accepting these stipulations, the User commits to use this Web page, and the products offered through the same, in the way and in the form established in the Web page. The User is obliged not to use this Web and its products for illicit purposes and/or contrary to those ends established in this legal disclaimer and that could be harmful to the rights and/or interests of third parties or that in any way could damage this Web or impede its proper working or that of the products offered in the same or that may be offered in the future.
Similarly, the User will abstain from obtaining the content supplied in the Web by illicit or fraudulent means, or by theft or by plagiarizing the same, in terms of that established in the Penal Code and in any applicable regulations.
Semantix reserves the right not to give access to the Web, and without prior warning, to any User who contravenes that contained in these general contractual conditions.
The User, for his part, commits not to make illicit use of the contents of the Web, or engage in any use that may be harmful to Semantix. Therefore, the User will abstain from, among others but not limited to, modifying, copying, distributing, publishing, ceding and/or selling any information or visual content in the Web that is the property of Semantix.
a. Cookies and secure environment
Semantix, in its Web page, utilizes the latest technology to guarantee the protection of information. Semantix guarantees that the acquisition of its products is undertaken in a secure environment.
b. Publicity by Google sites.
Google utilizes the DoubleClick DART cookie in announcements published in web sites that show AdSense announcements. When a User accesses our products or Web page and sees an announcement or clicks on it, it is possible he may introduce a cookie in his navigator. The data compiled by means of these cookies is used by the AdSense editors to publish and administer better the announcements in their web sites and in the Web as a whole.
The use of the DART cookie allows Google to publish announcements for users who visit our Web and other Internet sites.
Google uses associated publicity companies to publish announcements when users visit our Web site. It is possible these companies use the information obtained from visits to our Web site and other web sites (not including name, address, e-mail address or telephone number) to offer to users announcements of products and services that may be of interest to them. If you wish to obtain more information on this practise and to know the options available to impede these companies from using such information, click here.
Semantix is not responsible for web pages linked to its Web nor is it responsible for the content of the same. The risks associated with consulting such web pages correspond exclusively to the Users, who should pay attention to the terms, conditions and disclaimers contained in the same and for which Semantix likewise is not responsible.
d. Industrial and Intellectual Property Rights
Semantix is the owner of the Industrial and Intellectual Property Rights of the elements that make up the design of its Web, such as the brand, trade name and trademark. In particular, but not limited to, the logos, color combinations, selection and form of the presentation, the source code of the Web page, menus, navigation buttons, HTML code, Java applets, texts, images, graphics, as well as any other content of the Web, property of Semantix, are protected by copyright.
The User commits to respect the Industrial and Intellectual Property Rights of the Web page. As such, the User will abstain from copying, reproducing, distributing, making available or communicating to the public the content of the Web without the express written authorization of Semantix.
e. Limitation of responsibility
The User expressly exonerates Semantix from any and all responsibility for damages, both direct and indirect, derived from errors that may be revealed in the Web, as well as any interruption, suspension, delay or anomaly in gaining access to the same that may occur.
Semantix commits to take all care to preserve the Web from any virus, trojan and other elements that could violate or damage the User’s computer system or that of third parties. In any event, the User will exonerate Semantix from any and all responsibility for any damages, both direct and indirect, that may occur and that are caused by such dangerous and malicious elements.
VALIDITY OF THESE CONDITIONS
These conditions will remain valid for the time they remain published in the Web page and will be applied to those services acquired at the time in which said conditions were available.
In any event, Semantix reserves the right to modify these conditions unilaterally. Such modification will not affect those services contracted by Users prior to the modification except in those cases in which the User had changed or modified the service contracted, in which case the conditions valid at the time of the change and/or modification will be applied.
NULLITY AND VOIDING OF CLAUSES
If any clause included in these conditions were declared totally or partially null or void, such nullity will only affect that stipulation, or any part of the same, which is declared null or void, while the remaining stipulations will remain in effect.
In the case of litigation, the parties agree to submit to the jurisdiction of the Madrid courts and expressly renounce any other jurisdiction that may correspond to them, while the party that is non-compliant with the contract will assume all judicial and extra-judicial costs derived from the demand, including lawyers’ and attorneys’ fees, etc.