GENERAL CONDITIONS OF ACCESS AND USE
Contact details of the website manager
The company FLUIDRA, S.A. is headquartered at Avda. Francesc Macia 60, planta 20, Sabadell, Barcelona and holds tax ID (CIF) number: A17728593. It is registered on the Companies Registry of Barcelona, in Volume 36883, Folio 132, sheet B-290316.
1. Access and use of the Website
1.1. Access to the Website
These General Terms and Conditions of Access and Use govern the access and use of the website www.fluidra.us (hereinafter, the "Website"), which FLUIDRA SA makes available to Internet users, and whose purpose is to provide users with information about FLUIDRA SA, its business activities and products, its business units and the latest news published about FLUIDRA.
This Website is for information purposes only and is intended for the exclusive use by businesses and professionals, and in no case by individuals who can be classified as "consumers".
Access to the Website implies that users accept these General Terms and Conditions of Access and Use and, therefore, they should read them carefully before using it. If you do not accept these terms and conditions, you should refrain from using the Website and its content.
Furthermore, FLUIDRA SA hereby informs the users of this Website that these General Terms and Conditions of Access and Use may be adapted or modified at any time without prior notice. Therefore, users must read and accept these General Terms and Conditions of Access and Use every time they wish to use the Website.
1.2. Use of the Website
The user undertakes to make responsible use of the Website, as well as of the information about the products on it. Its use shall likewise be subject to the legislation in force and to these General Terms and Conditions of Access and Use.
2. Disclaimer
2.1. Website operation
FLUIDRA SA makes every effort to ensure its Website operates properly, does not give errors and, should they arise, repair them, and to ensure that the contents of the Website are regularly updated. Notwithstanding the foregoing, FLUIDRA SA is unable to guarantee the availability of and continuous access to the Website, the absence of errors in its contents or that the latter have been updated in a timely manner.
2.2. Modifications to the information on the Website
FLUIDRA SA reserves the right to modify, delete and update the information on the Website, as well as its configuration and presentation, at any time without prior notice.
2.3. Use of the information on the Website
Users shall be solely responsible for both accessing the Website and the use made of any information on it, particularly in relation to the suitability and proper use of the products marketed by FLUIDRA SA. FLUIDRA SA may not be held liable for any damages that may arise, either directly or indirectly, from the access or use of the information on the Website and, in particular, from the information provided by third parties. Specifically, FLUIDRA SA hereby expressly states that all of the information relating to the specifications and conditions of use of the products contained on its Website does not substitute the general terms and conditions and/or specific contracting conditions of FLUIDRA SA, nor any of the information provided at the time in-store purchases are made, to which users must refer for their acquisition and proper use. Users are therefore reminded of the need to read all documentation that comes with products or services acquired carefully.
Likewise, FLUIDRA SA hereby states that the free information provided to users as a result of specific queries about products or services offered on the Website is only intended as a guideline. It may therefore not be held liable for any damages whatsoever derived, either directly or indirectly, from the use of the information provided by FLUIDRA SA to the user. Specifically, FLUIDRA SA hereby expressly states that said information does not constitute a piece of technical advice given on the basis of all of the relevant information required. Therefore, should users require legally binding technical advice, they should contact FLUIDRA SA by telephone at the numbers that appear in the header of these terms and conditions.
Furthermore, FLUIDRA SA may not be held liable for any damage to the user's hardware or software that may be derived from accessing the Website.
3. Users' responsibility
Users acknowledge, and accept of their own free will, that the use of the Website is entirely undertaken at their own risk.
Users shall be held liable for damages of any nature that FLUIDRA SA may incur as a consequence of the breach of any of the obligations to which they are subject pursuant to these Terms and Conditions of Access and Use or to the legislation that applies to the use of the Website.
4. Policy on external hyperlinks
FLUIDRA SA assumes no liability whatsoever derived from connections to or the contents of external hyperlinks to third-party websites, nor does the fact that they are posted imply that FLUIDRA SA endorses, promotes, guarantees or recommends them.
Furthermore, any third parties that wish to post a link to this Website must obtain express prior written approval from FLUIDRA SA.
5. Personal data protection
5.1. Privacy policy
FLUIDRA SA, hereby informs you that any personal data that you provide us by sending emails, in addition to any other data obtained by FLUIDRA SA when you browse the Website, submit queries or requests, will be stored on a file for which FLUIDRA SA is responsible and whose purpose is to deal with such queries or requests, and to create your user profile based on your browsing habits so that we are able to keep you informed about goods and services that may be of interest to you.
Users may withdraw the consent given pursuant to the above paragraph and exercise their rights to access, modify, cancel and contest their data by writing to the postal address that appears in the header of these terms and conditions, sending an email, or by making the request in person or on the telephone. Whatever medium is chosen must, insofar as is possible, give an indication of the specific right the user wishes to exercise.
Please notify FLUIDRA SA immediately of any changes to your personal data so that the information in the files held by FLUIDRA SA is up to date at all times and does not contain errors. Furthermore, by accepting these General Terms and Conditions of Access and Use, you acknowledge that the personal details obtained are accurate and true.
We likewise inform you that the failure to fill in any personal details in any of the mandatory fields in any of the electronic registration forms may result in FLUIDRA SA being unable to deal with your request.
Users expressly consent to their personal details being shared by FLUIDRA SA with companies in the FLUIDRA group and other collaborating companies, for the purposes set out in the first paragraph of this clause (5.1), in any country in the world, including those that do not offer protection comparable to that given in the EU regulations on personal data protection. By accepting the provisions of these General Terms and Conditions of Access and Use, it is understood that you have been informed of the initial transfer of data to the entities that appear on FLUIDRA's corporate website: http://www.fluidra.com/sites/es/atworld.html. You are likewise informed that the consent given for the transfer of your data may be withdrawn at any time, but that such withdrawals are not retroactive.
5.2. Marketing messages
By accepting the terms of this clause, users expressly authorise FLUIDRA SA to send them marketing messages, promotional or advertising materials via email or any other electronic medium of communication equivalent to an email address that may have been supplied by them. If you do not wish to be sent such marketing messages, promotional or advertising materials, whatever channel is used to do so, you may make your decision known free of charge by using the media set out in clause 5.1 above to exercise your rights to access, modify, cancel and contest your data. Your acceptance to receive marketing information may be withdrawn at any time, but such withdrawals are not retroactive.
5.3. Security measures
FLUIDRA SA hereby informs you that it has implemented the technical and organisational security measures required to guarantee the security of your personal data and prevent their unauthorised alteration, loss, processing and/or access based on the nature of the technology, the data stored and the risks to which they are subject, whether as a result of human actions or of physical or natural conditions.
6. Industrial and intellectual property
All of the intellectual property rights, contents, designs, databases and codes on the Website are owned by FLUIDRA SA, which holds the exclusive rights to exploit them, unless otherwise stated on a case-by-case basis. The unauthorised reproduction, distribution, commercialisation or transformation of the above materials, unless for personal and private use, constitutes a breach of the intellectual property rights of FLUIDRA SA or the owners of such materials.
Furthermore, all brand names, brands and distinguishing logos of whatever nature are protected by industrial, intellectual or other types of rights.
The unauthorised use of the contents of this Website, as well as damages incurred by the intellectual and industrial property rights of FLUIDRA SA may give rise to the exercise of the legal actions to which it has recourse, and to the liabilities that, if applicable, may be derived from such use.
Therefore, should you wish to obtain authorisation for their use, you must submit a request to do so at the following email address: info@fluidra.com.
7. Cookies
FLUIDRA shall be entitled to install data storage and recovery devices, also known as cookies, on your computer in order to obtain information about the visitors to its website. In no case shall said data be considered personal data. Your browser will sometimes open a pop-up message that provides website visitors with the opportunity to reject the installation of these cookies. Should the installation of cookies be rejected, your browsing session at www.fluidra.us will not be affected in any way.
Moreover, should your browser fail to provide this option automatically, you may disable cookies by following the instructions on your browser.
8. Applicable law and jurisdiction
The access and use of the Website shall be governed and interpreted according to Spanish legislation.
Any disputes that may arise between FLUIDRA SA and the users of the Website shall be submitted to the Courts and tribunals of Barcelona (Spain) with the express waiver of the Parties to any other jurisdiction to which they may have recourse.
