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LEGAL NOTICE

1. Legal information and acceptance

In compliance with article 10 of Law 34/2002 (11 July) of Information and Electronic Commerce Company Services, the identifying details of the business are set out below. This internet site is put at the service of users by the entity whose identifying details are:

  • Business Name:  AURIGA PONIENTE, S.L.
  • Spanish Company Tax Number:  B93023653
  • Registered Office:  C/ Jacinto Benavente nº 11 1º 9. Marbella. Málaga. C.P 29.601
  • Telephone:  952814767
  • Email:  info@boutiquehomes.es

Registry details:  Malaga Companies Registry at volume 1888, book 801, folio 195, page MA-26018.

This legal notice sets out the general terms and conditions that govern access to and use of this website, hereinafter ‘the website’. Use of the website entails express and full acceptance of these general terms and conditions in the version published at the time at which the user accesses the website, notwithstanding the particular conditions that may apply to any of the specific services of the website.

Access to the website is free except as regards the cost of connection through the telecommunications network supplied by the internet service provider contracted by users. Certain services are exclusively for our clients and access to them is restricted.

Use of the Site confers the status of Site user (hereinafter, the ‘User’) and entails acceptance of all the terms and conditions in this Legal Notice. Provision of the service of the Site has a duration limited to the time at which the User is connected to the Site or any of the services facilitated by way of the Site. Therefore, the User must read this Legal Notice carefully each time it is proposed to use the Site, given that this Legal Notice and the terms and conditions of use included in it may be modified.

Some Site services accessible by internet users or exclusively for clients of AURIGA PONIENTE, S.L., may be subject to particular terms and conditions, regulations or instructions which, where applicable, replace, complete and/or modify this Legal Notice and which must be accepted by the User prior to the commencement of the provision of the corresponding service.

2. Intellectual and industrial property

This website and the contents it hosts are protected by the intellectual property law in force.

AURIGA PONIENTE, S.L. is the owner or licensee of all the intellectual and industrial property rights of its website, and also of the elements contained in it. Therefore, reproduction, distribution, public communication and transformation of all or part of the contents of this website for commercial purposes, in any format and by any technical means, without authorisation of terms and conditions, is expressly prohibited.

The marks, trade names and distinguishing signs are the property of AURIGA PONIENTE, S.L. or third parties, and it shall understood that access to the Site does not confer any right over the said marks, trade names and distinguishing signs.

All the products and services of these pages that are NOT the property of AURIGA PONIENTE, S.L. are trademarks of their respective owners and are recognised as such by our company. They only appear on the website of AURIGA PONIENTE, S.L. for marketing and information-gathering purposes. These owners can request the modification or removal of the information that belongs to them.

3. Site use terms and conditions

3.1 General

The User undertakes to make proper use of the Site in accordance with the law and this Legal Notice. The User shall be liable to AURIGA PONIENTE, S.L. or to third parties for any loss and damage that may be caused by breach of the said undertaking.

It is expressly prohibited to use the Site for purposes injurious to properties or interests of AURIGA PONIENTE, S.L. or of third parties, or in any way which overloads, damages or disables the networks, servers and other IT equipment (hardware) or IT products and applications (software) of AURIGA PONIENTE, S.L. or of third parties.

3.2 Contents

The User undertakes to use the Contents in accordance with the Law and this Legal Notice, and also with the other terms and conditions, regulations and instructions which may apply pursuant to clause 1.

By way of example and without limitation, pursuant to the legislation in force, the User must not:

  • Reproduce, copy, distribute, make available, communicate publicly, transform or modify the Contents save in cases authorised in law or expressly consented to by AURIGA PONIENTE, S.L. or by the person who owns the operating rights, where applicable.
  • Reproduce or copy for private use the Contents that can be considered to be Software or Database in accordance with the intellectual property legislation in force, and also their public communication or making available to third parties when those acts necessarily entail reproduction by the User or a third party.
  • Extract and/or reuse all or a substantial part of the Contents comprising this Site and/or of the databases that AURIGA PONIENTE, S.L. makes available to Users.

3.3 Introduction of links to the Site

Any internet user who wishes to introduce links from his or her own website(s) to the Site must comply with the terms and conditions set out below and ignorance of them shall be no defence to any liability arising in law:

The link shall only connect with the home page or main page of the Site but may not reproduce it in any way (online links, copy of the texts, graphics, etc).

Pursuant to the legislation applicable and in force at any given time, it is prohibited in any case to establish frames of any kind that show a selection of the Site or which allow visualisation of the Contents through internet addresses other than those of the Site and, in any event, when they are visualised together with content not from the Site in such a way that: (I) causes or could cause mistake or confusion by or deception of users about the true source of the service or Contents; (II) involves an act of comparison or unfair imitation; (III) acts to exploit the reputation of the mark and prestige of AURIGA PONIENTE, S.L.; or (IV) is in any other way prohibited by the legislation in force.

No type of false, inaccurate or incorrect statement about AURIGA PONIENTE, S.L., its members, employees, clients or about the quality of the services it provides may be made from the website that introduces the link.

In no event shall it be stated on the website where the link is located that AURIGA PONIENTE, S.L. has given its consent to the insertion of the link or that in any other way it sponsors, collaborates with, certifies or supervises the services of the referrer.

Use of any word, figurative or mixed mark or any other distinguishing sign of AURIGA PONIENTE, S.L. within the webpage of the referrer is prohibited save in cases permitted in law or expressly authorised by AURIGA PONIENTE, S.L., and in those cases provided that it permits a direct link to the Site in the way set down in this clause.

The website that establishes the link must comply faithfully with the law and in no event may provide or link to own contents or contents of third parties that: (I) are unlawful, harmful or contrary to morality and good custom (pornography, violence, racism, etc.); (II) induce or could induce in the User the false belief that AURIGA PONIENTE, S.L. subscribes or adheres to or in any other way supports the ideas, statements or words, whether lawful or unlawful, of the referrer; (III) are inappropriate or not relevant to the activity of AURIGA PONIENTE, S.L. with regard to the place, contents and theme of the website of the referrer.

4. Exclusion of liability

4.1 Information

Accessing the Site does not give rise to any obligation on the part of AURIGA PONIENTE, S.L. to check the veracity, accuracy, adequacy, suitability and currency of the information supplied through the Site. The contents of this website are of a general nature and in no way constitute the supply of a service of legal advice or any other type of advice. Thus the said information is insufficient for the taking of personal or business decisions by the User.

AURIGA PONIENTE, S.L. shall not be liable for decisions taken based on the information supplied on the Site or for loss and damage caused to the User or third parties as a result of acts that are based solely on information obtained from this Site.

4.2 Service quality

Accessing the Site does not give rise to any obligation on the part of AURIGA PONIENTE, S.L. to check for the absence of viruses, worms or any other harmful IT element. In any event it falls to the User to have the appropriate tools for the detection and removal of harmful IT programs.

AURIGA PONIENTE, S.L. shall not be liable for damage caused to the IT equipment of Users or of third parties during the supply of the Site service.

4.3 Service availability

Access to the Site requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and functioning do not fall to AURIGA PONIENTE, S.L. As a result, the services supplied through the Site may be suspended, cancelled or left inaccessible prior to or simultaneous with the supply of the Site service.

AURIGA PONIENTE, S.L. is not liable for loss and damage of any type caused to the User as a result of faults or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the Site service during the supply thereof or prior thereto.

4.4 The contents and services linked through the Site

The service of access to the Site includes devices of links, directories and search engines that allow the User to access other internet pages and sites (hereinafter, ‘Linked Sites’). In such cases, AURIGA PONIENTE, S.L. acts as intermediation services supplier in accordance with article 17 of Law 34/2002 (12 July) of Information and Electronic Commerce Company Services (‘LIECCS’) and shall only be liable for the contents and services supplied on Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate contents, he or she may communicate that fact to AURIGA PONIENTE, S.L. in accordance with the procedure and effects set down in clause 6, although in no event shall such communication entail the obligation to remove the corresponding link.
In no event shall the existence of Linked Sites presuppose the existence of agreements with the owners or persons in charge of them, or the recommendation, promotion or identification of AURIGA PONIENTE, S.L. with the statements, contents or services provided.

AURIGA PONIENTE, S.L. does not know the contents and services of the Linked Sites and therefore accepts no liability for damage caused by the unlawfulness, quality, obsolescence, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly imputable to AURIGA PONIENTE, S.L.

5. Data protection

You can consult our Data Protection Policy in the ‘Privacy Policy’ section of this website in order to know how we use your personal data.

6. Communication of activities of an unlawful or inappropriate nature

If the User or any other internet user has knowledge that Linked Sites redirect to pages whose contents or services are unlawful, harmful, denigrating, violent or contrary to morality he or she may contact AURIGA PONIENTE, S.L. stating the following matters:

  • Personal data of person reporting: name, address, telephone number and email address;
  • Description of the facts which show the unlawful or inappropriate nature of the Linked Site;
  • In the event of a breach of rights, such as intellectual and industrial property rights, the personal data of the owner of the right breached when that person is not the person reporting the breach;
  • Likewise, it is necessary to provide the instrument which proves the standing of the owner of the rights and, where applicable, the instrument granting power to represent the owner when that person is not the person reporting;
  • Express declaration that the information contained in the report is accurate.

Pursuant to the LIECCS, receipt by AURIGA PONIENTE, S.L. of the communication referred to in this clause shall not entail actual knowledge of the activities and/or contents stated by the person reporting them.

Further, it is necessary to provide the instrument which proves the standing of the owner of the rights and, where applicable, the instrument granting power to represent the owner when that person is not the person reporting; express declaration that the information contained in the complaint is accurate.

7. Notices

All notices and communications by the parties shall be valid in accordance with the media allowed in law, and those relating to this Site shall be considered effective for all purposes if they given or made by way of the Site.

8. Modifications

AURIGA PONIENTE, S.L. reserves the right to make any modifications to its website that it deems appropriate, without prior notice, being able to change, remove or add both the contents and services supplied through it and the form in which those contents and services are presented.

On the other hand, these terms and conditions may change at any time. Amendments shall come into effect at the time of publication.

9. Law and jurisdiction

All parts of this Legal Notice are subject to Spanish law. Provided the applicable law permits waiver of the established legal jurisdiction, the courts of Marbella are assigned to hear possible disputes, the User expressly waiving any other jurisdiction that may correspond to him or her.

Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013:

The European Commission provides a platform for online dispute resolution at: http://ec.europa.eu/consumers/odr/.