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Terms and Conditions of Use and Contract

These Terms and Conditions of Use and Contract (hereinafter "the General Conditions") govern the access and use, by the User, of the Website www.nexica.com (hereinafter "the Website"), and the purchase of products and services through it. By accepting these General Conditions, the User states:

  1. That the User has read and understood what is stated herein.
  2. That the User is a person with sufficient capacity to enter into contracts.
  3. That the User assumes all the obligations stated herein.

The use of the Website confers the condition of User of the Website (hereinafter, "the User") and implies acceptance of all the terms included in these General Conditions. The User must carefully read these General Conditions every time the User accesses the Website as it and the General Conditions are subject to change.

The owner of the Website reserves the right to make, at any time and without notice, any changes or updates to its content and services, to these General Conditions and, in general, any elements comprising the design and configuration of the Website.

Any change to these General Conditions shall not affect any goods or promotions acquired prior to such a change.

1. General information about the Website

In compliance with the provisions of Article 10 of Spanish Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (hereinafter "LSSICE"), general information about the Website is provided below:

Owner: COM 2002, S.L. (en adelante, “NEXICA”).
Registered office: Carrer de l’Acer, 30-32, 1er 4a. 08038 Barcelona
Tax ID Code: B-61125712
Contact: quality@nexica.com
Phone: 902 20 22 23
Registration details: Mercantile Registry of Barcelona; Page 148465; Folio 0110; Volume 29077; Book 5831, Entry 1.

2. Terms of use

2.1. Website Access
Access to the Website is free except for the cost of the connection through the telecommunications network supplied by the User's Internet service provider.

2.3. Registration Requirement 
In general, in order to access the services and content of the Website, User registration is not necessary. However, the use of certain services and content may be subject to prior registration of the User.

Any data entered by the User must be accurate, current and truthful at all times. A registered User shall be responsible at all times for the safekeeping of his or her password, thus assuming any damages arising from its misuse, transfer, disclosure or loss. For these purposes, access to restricted areas and/or use of services and content under the password of a registered User shall be deemed made by that registered User, who shall in every case be responsible for such access and use.

2.4. Rules for using the Website
The User undertakes to use the Website and any of its content and services in accordance with the law, morality, public order and these General Conditions. In addition, the User undertakes to make appropriate use of any services and/or content of the Website and to not use them to carry out illegal or criminal activities which violate the rights of others and/or violate regulations on intellectual and industrial property, or any other applicable provisions of law.

The User agrees not to transmit, introduce, disseminate or make available to third parties any type of material or information (data, content, messages, drawings, sound and image files, photographs, software, etc.) which is contrary to the law, morality, public order and these General Conditions. By way of example, but in no way limited to, the User agrees:

I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or which advocates terrorism or violates human rights.

II.- Not to introduce or disseminate over the Internet any data programs capable of causing damage to computer systems (viruses and malicious software) of the service provider, its suppliers or third party users of the Internet.

III.- Not to disseminate, transmit or make available to third parties any information, element or content that undermines fundamental rights and public freedoms recognized constitutionally and in international treaties.

IV.- Not to disseminate, transmit or make available to third parties any information, element or content that constitutes unlawful or unfair advertising.

V.- Not to transmit unsolicited or unauthorized advertising, promotional materials, "junk mail", "chain letters", "pyramid schemes" or any other form of solicitation, except in those areas (such as commercial areas) that have been exclusively designed for it.

VI.- Not to enter or disseminate any false, ambiguous or inaccurate information or content that could mislead the recipients of such information.

VII.- Not to impersonate other Users by using their registration keys to the various services and/or contents of the Website.

VIII.- Not to disseminate, transmit or make available to third parties any kind of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyrights that belong to the owners of the Website or to third parties.

IX.- Not to disseminate, transmit or make available to third parties any kind of information, element or content that involves a violation of the secrecy of communications or legislation on personal data.

The User undertakes to indemnify NEXICA for any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of a breach by the User of any of the rules of use stated above. Furthermore, NEXICA reserves the right to seek compensation for any damages caused to it.

2.5. Exclusion of Liability
NEXICA assumes no responsibility in updating this Website to keep information current, nor guarantees that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any service or content described on this Website.

User access to the Website does not mean that NEXICA is obliged to control the absence of viruses, worms or any other malicious software. The User is responsible for having adequate tools to detect and remove malicious software.

NEXICA is not liable for any damage caused to the software or hardware of Users or third parties while using the services provided on the Website.

NEXICA is not liable for damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks producing the suspension, cancellation or interruption of the Website service while it is being provided or prior to it.

2.6. Content and services linked through the Website
The service of accessing the Website includes links, directories and search tools allowing the User to access other websites on the Internet (hereinafter, "Linked Sites"). In such cases, NEXICA is only responsible for the content and services provided on Linked Sites to the extent that it is aware of some irregularity and has not disabled the link with due diligence. In the event that the User considers there to be a Linked Site with unlawful or inappropriate content, the User may report it to NEXICA, without such notice in any way entailing the obligation to remove the link.

The existence of Linked Sites shall in no way presuppose the formalization of any agreements with those responsible for or the owners of such sites, or any recommendation or promotion by NEXICA or its identification with any statements, content or services provided.

NEXICA is not aware of the content or services of Linked Sites and, therefore, is not liable for any damage caused by any unlawful, poor-quality, outdated, unavailable, inaccurate or useless content and/or services of Linked Sites or any other damages not directly attributable to NEXICA.

2.7. Intellectual and industrial property
All Website content, which is to be understood as, by way of example but not limited to, text, photographs, graphics, images, icons, technology, software, links and any other audiovisual content, as well as its graphic design and source code, is the intellectual property of NEXICA or third parties, and no exploitation rights recognized by current legislation on intellectual property shall be construed as transferred to the User.

Any trademarks, trade names or logos are owned by NEXICA or third parties and access to the Website may not be construed as attributing any rights over them.

2.8. Personal data protection
NEXICA states that it complies with current regulations concerning data protection, and in particular with Spanish Organic Law 15/1999 of 13 December on Protection of Personal Data, and Royal Decree 1720/2007 of 21 December approving the Regulation implementing Spanish Law 15/1999 of 13 December on protection of personal data.

The User declares that all information provided to NEXICA is true, complete and accurate and, in accordance with Spanish Organic Law on Data Protection, the person making the purchase of any of the products or services provided through the NEXICA Website expressly authorizes COM 2002, S.L.U. to include in a computerized database any personal data contained on forms that he or she completed as required to provide the services requested.

The entity responsible for the database is the company COM 2002, S.L.U, and for the purpose of exercising the rights of access, cancellation, rectification or opposition provided for in Spanish Law 15/1999 on Protection of Personal Data, the following address is made available to all customers: COM 2002, S.L.U., at Calle Acer, 30-32, 1º 4ª, Postcode: 08038, Barcelona, Spain, and the following email address: quality@nexica.com.

The sending or submitting of data by the User through the NEXICA Website, or any information that NEXICA may send, is protected by appropriate technical and organizational measures according to the level of security applicable to the data being processed. In addition, any data provided and stored in our databases is also protected by security systems that prevent access by unauthorized persons to them.
NEXICA makes every effort to upgrade its systems in order to achieve the highest effectiveness of such security.

2.9. Severability
Should any clause contained in these General Conditions be declared totally or partially invalid or unenforceable, such invalidity or unenforceability shall affect only that provision, or part thereof that is invalid or unenforceable, and shall be deemed as totally or partially excluded. All other provisions of these General Conditions shall remain in force.

2.10. Applicable law and jurisdiction
These General Conditions shall be governed and construed in accordance with Spanish legislation in all matters not expressly stated. NEXICA and the User agree to submit any dispute that may arise from the provision of goods or services covered by these General Conditions to the Courts of the domicile of the User.