Legal notice
Last updated: 12/04/2022
GENERAL INFORMATION
The domain you have accessed is an Internet domain owned by the company AUCANADA S.A.U. (hereinafter “GOLF ALCANADA”), a Spanish entity, with tax identification code A-07.006.489, and registered office at Carretera del Faro s/n, 07400 Port d’Alcúdia (Illes Balears), registered in the Mercantile Register of [information of the register where the company is registered].
Mail: info@golf-alcanada.com
Telephone: 971 54 95 60
In addition to GOLF ALCANADA’s own address, the specified e-mail and telephone numbers, users may use the CONTACT section of the website itself, where they can send their requests, questions or complaints.
PURPOSE
This website has been created and designed to make known and allow general access, to all Internet users, to information related to the services provided by our company.
GOLF ALCANADA will use reasonable means to ensure that the content included on the page is accurate and up to date.
CONDITIONS OF USE AND POLICY UPDATES
Your access and use of this website implies acceptance and knowledge of the legal warnings, conditions and terms of use contained therein at the time of access, so it is advisable to read them carefully each time you access the website.
Likewise, certain services provided on the website may contain their own particular conditions which, depending on the case, substitute, modify and/or complete these general conditions. Users must carefully read and accept the specific conditions of the sites they access before using these services.
GOLF ALCANADA reserves the right to modify these conditions without prior notice, whenever necessary to adapt them to any legislative, regulatory, jurisprudential or administrative change or in order to adapt them to modifications in the services provided.
Users are recommended to periodically read these policies in order to be aware of any changes that may be made to them.
ACCESS TO THE WEBSITE
In general, you may access the website freely and free of charge. However, there is access to certain reserved areas of the website for registered users, in which case the user must maintain strict confidentiality of the password:
q The access profiles and passwords used must be confidential, personal and non-transferable. It is the responsibility of the owner of the password to use it.
q The user must not store his/her password in a readable form in files on disk, paper or any other type of medium where it can be accessed.
q The data security system is directly linked to the use of passwords. These must be specially protected and any incident that compromises their confidentiality must be immediately communicated to GOLF ALCANADA.
In general, you will take all necessary measures to ensure and safeguard the confidentiality of your password.
To the extent permitted by applicable law, you agree to assume all liability for all activities carried out under your account or using your password.
GOLF ALCANADA reserves the right to interrupt access to its website at any time and without prior notice, whether for reasons of security, control, maintenance, power supply errors or any other cause. With all this, the reliability, availability and continuity of the website is not guaranteed in the event of the aforementioned causes.
RESPONSIBILITY
Access to the website is voluntary, and therefore the responsibility of the user, who will be responsible for any direct or indirect effect that may arise from the use of the website, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by our website, and the user is obliged to hold GOLF ALCANADA harmless for any claims arising directly or indirectly from such events. GOLF ALCANADA is not responsible for any damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this site or in the computer apparatus and equipment of users, caused by reasons beyond the control of GOLF ALCANADA, that prevent or delay the provision of services or browsing, or delays or blockages in use caused by deficiencies or overloading of the Internet or other electronic systems, or the impossibility of providing the service or allowing access for reasons not attributable to GOLF ALCANADA, due to the user, third parties, or force majeure. GOLF ALCANADA does not control, in general, the use that users make of the website.
GOLF ALCANADA is not responsible for the information contained in third party websites that can be accessed through links on the website. The function of these links is to inform about the existence of other sources of information on the Internet, and in no case does it imply a suggestion, invitation or recommendation about them. Therefore, GOLF ALCANADA will not be responsible for the results obtained through these hypertext links.
Under no circumstances will GOLF ALCANADA be responsible for the advertising content that the website may contain, it is the advertisers who must guarantee that the material submitted for inclusion on the website is in accordance with the applicable legislation. GOLF ALCANADA will not be responsible for any error, inaccuracy or irregularity that the advertising content may contain.
The use of the website by any person confers the condition of user, with which, he/she accepts that the use is under his/her exclusive responsibility. The user undertakes not to use the information, activities, products or services that GOLF ALCANADA makes available to carry out activities contrary to the law, morality or public order and, in general, to use them in accordance with these general conditions. In any case, the user will be liable for damages of any kind that GOLF ALCANADA may suffer as a result of non-compliance with any of the obligations to which he/she is subject by this Legal Notice, or, where appropriate, by the specific conditions that may be applicable.
OBLIGATIONS OF WEB USERS
In general, the user is obliged to comply with these general conditions and any particular conditions established in the services provided, as well as to comply with the warnings or instructions for use contained on the website and to act at all times in accordance with the law, to good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may impede, damage or deteriorate the normal operation of the same and the property or rights of GOLF ALCANADA, its suppliers, other users or any third party in general.
Access and use of the portal is forbidden to minors or incapable persons without the express consent of their parents or legal representatives, GOLF ALCANADA is not responsible for the truthfulness and accuracy of the data filled in by the user and therefore cannot verify the age of the same.
Specifically, and without this implying any restriction to the previous section during the use of this website, the user is obliged to:
a) To provide truthful information about the data provided on the forms that enable access to the services to which he/she accesses and to keep them up to date.
b) Not to enter, store or disseminate on or from the website any information or material that is defamatory, libellous, offensive, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or in any way violates morality, public order, fundamental rights, public freedoms, honour, privacy or the image of third parties and, in general, current legislation.
c) Not to introduce, store or disseminate through this website any programme, data, virus, code or any other electronic or physical device that may cause damage to the site, to any of the services provided, or to any of the equipment, systems or networks of GOLF ALCANADA, of any other user, of the suppliers of GOLF ALCANADA or, in general, of any third party.
Not to introduce, store or disseminate through this website any content of which he/she does not hold, in accordance with the law, the right to make it available to a third party.
d) To diligently keep the passwords for access to the services that require them and to which it has subscribed, assuming responsibility for any damages that may arise from improper use of the same.
e) Not to carry out advertising or commercial exploitation activities through the website, and not to use its contents and information to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties.
f) Not to use false identities or impersonate others when using the website or any of its services, including the use of passwords or access codes of third parties or in any other way.
g) Not to destroy, alter, use for use, render useless or damage the data, information, programmes or electronic documents of GOLF ALCANADA, its suppliers or third parties.
ON LINE SALES
Responsibility Online Shop
In addition to the responsibilities already described by the nature of the service we have to:
We will make our best efforts to ensure the availability, without interruption, of the Online Shop Services, as well as the absence of errors in any transmission of information that may take place. However, due to the nature of the Internet, it is not possible to guarantee this. In addition, your access to the Services offered by our Website may occasionally be suspended or restricted for the purpose of carrying out repair or maintenance work, or the introduction of new products or services. We will endeavour to limit the frequency and duration of such suspensions or restrictions.
Nor shall we be liable for any delay or failure to perform our obligations under these terms and conditions if such delay or failure is attributable to circumstances beyond our reasonable control; GOLF ALCANADA will not accept any liability for the following losses; loss of revenue or sales, loss of business, loss of profits or loss of contracts, loss of anticipated savings, loss of data and loss of management time or office hours. This provision does not affect the customer’s right to receive the relevant product or service within a reasonable time or to be reimbursed in the event that we are unable to supply such products or services within a reasonable time for any reason beyond our reasonable control.
The laws of some countries may not allow some or all of the above limits of liability. If such laws apply to you, some or all of these limits may not apply to you. In addition, such laws may give you rights in addition to those provided herein.
Although we try to ensure that all prices displayed on the Online Store are correct, errors may occur. If we discover an error in the price of any of the items that you as a customer have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and we will refund any monies paid in full.
Nothing in these terms and conditions limits or excludes our liability for misrepresentation, death or personal injury attributable to our negligence or wilful misconduct.
Nuestro contrato
Please read carefully, so that you are aware of your terms and conditions, our legal notices, policies, rights and regulations, especially the Customer Service and Services sections, all of which govern your use of the Website Services. By using our services, you agree to the terms and conditions set out in those sections.
When you place your order, we will send you an email confirming receipt of your order.
All purchases of Products purchased through this site, after identification and authentication, through the user name and password provided, will be considered validly made by the authenticated user, and will be binding. Consequently, the user shall be exclusively responsible for any purchases of Products through this website by any third party who makes use of his or her user name and password.
The placing of orders by a minor or incapacitated person, through this site, who falsifies the registration information, shall be understood to be made under the supervision and authorisation of their parents, guardians or legal representatives.
Legal Warranty of Conformity.
In addition to your statutory rights and the 14-day voluntary return guarantee, customers in the European Union (excluding the United Kingdom) will have a two-year after-sales guarantee, from the date of delivery of the product, for the repair or replacement of products purchased on our website if they are defective or not as advertised. You may request a refund or a reduction in the price of the product if repair or replacement of the product has not taken place within a reasonable time or without major inconvenience to you.
Prices and availability.
All prices include legally applicable taxes (VAT).
When we process your order, we will inform you as soon as possible by email if any of the products included in your order are not available. In such a case, we will not charge you for that product.
Product information
Unless expressly stated otherwise, GOLF ALCANADA is not the manufacturer of the products sold on the website. While we endeavour to ensure that the information on our website is correct, sometimes product packaging and materials may contain additional or different information to that which appears on our website. Components may also change. We recommend that you do not only read the information available on our website but also carefully read the labelling, warnings and instructions accompanying the product before use.
Customs Information
When you order products on our website for delivery to a country outside the European Union, you may be liable to pay import duties and taxes, which will be charged to you when the package arrives at its destination. Any additional charges due to customs clearance will be your responsibility, GOLF ALCANADA has no control over such charges. Customs policies vary significantly from country to country so please check with the relevant customs office for further information. Please also remember that when you formally place an order, you are considered by law to be the importer and must comply with all applicable laws and regulations in the country in which you receive the product. Your privacy is a matter of great importance to us. We want our international customers to be aware that international shipments are subject to inspection and opening by customs authorities.
Modification of Terms and Conditions of Sale
We reserve the right to make changes to our website, our policies and our terms and conditions, including these Conditions of Sale, at any time. You will be bound by the terms and conditions, policies and Conditions of Sale in effect at the time you place your order, unless a change to those terms and conditions, policies or these Conditions of Sale must be made by law or by requirement of public authorities (in which case such changes may apply to any orders you have previously placed). If any of these conditions shall be declared invalid, void or for any reason unenforceable, such condition shall be deemed severed and such declaration shall not affect the validity and enforceability of the remaining conditions.
Waiver
In the event of any breach by you of these Conditions of Sale, and notwithstanding that GOLF ALCANADA may not exercise any rights available to it at that time, GOLF ALCANADA may exercise such rights and remedies on any other occasion on which you may be in breach of these Conditions of Sale.
LINKS TO THE WEBSITE
Internet users who wish to introduce a link from this website to their own must be previously authorised, to this effect and in writing, by GOLF ALCANADA, owner of the website.
ADVERTISING PURPOSES
Only if you expressly declare your consent when requested, or in the legitimate interest of GOLF ALCANADA about our own products when you are our customer, we will use your data to send offers and advertising through the e-mail account you provide us with, other equivalent electronic means of communication, or by non-electronic means of communication. In any case, the user may revoke this consent at any time by sending an e-mail indicating their wish not to receive commercial mailings to info@golf-alcanada.com.
INDUSTRIAL AND INTELLECTUAL PROPERTY
All the contents of the website, including but not limited to texts, photographs, graphics, images, icons and other audiovisual or sound content, as well as its graphic design and source code (hereinafter, the contents) including trademarks, trade names or distinctive signs are the property of GOLF ALCANADA or, where appropriate, of third parties, unless otherwise specified.
The reproduction, transformation, distribution, publication, making available, extraction, retransmission or use, of any nature, medium or procedure, is prohibited, except in cases where it is legally permitted, i.e. authorised by the owner of the corresponding rights.
However, the user may view and obtain a temporary private copy of the contents for his or her exclusive personal and private use on his or her computer system, provided that this is not for the purpose of developing activities of a commercial or professional nature, as well as their distribution, modification or alteration.
The infringement of any of these rights may constitute a violation of these conditions, as well as an offence punishable under current legislation. GOLF ALCANADA reserves the right to take legal action against users who violate or infringe intellectual and industrial property rights.
DATA PROTECTION
GOLF ALCANADA complies with current legislation on personal data protection. See what is established in the “Privacy Policy”.
Use of Cookies
In the event that the website DOES use cookies:
In GOLF ALCANADA we respect the privacy of our visitors, for information on the use of cookies made, see the following link “Cookies Policy”.
MINORS
The Website is intended for adults and we do not sell products to minors. The products we sell must be purchased by adults. Children under the age of 18 may only place orders on this website under the supervision of a parent or legal guardian.
If we discover that we have inadvertently obtained personal information from a minor, we will delete that information as soon as possible.
GOVERNING LAW AND JURISDICTION
The provision of services on this website and the legal requirements for the same are regulated by the corresponding Community regulations and by the applicable Spanish legislation in force.
Any dispute that may arise from accessing or using this website is subject to the exclusive jurisdiction of the courts of Palma (Illes Balears – Spain).
