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Terms of use

OUTLET POOL TERMS OF USE

1 - PURPOSE

These conditions (hereinafter, the Conditions) regulate the registration as a user on the website www.outlet-pool.com (hereinafter, the Website) and the rights and obligations associated with this status. The Website is owned and managed by BERAL PROJECTS SL (hereinafter, “OUTLET POOL”) with registered address at C/ Les Filadores 12, 08640, Barcelona, Spain and Tax ID: B66119587.

The acquisition of the status of registered user (hereinafter, the User) allows the use of the associated account and its functionalities, such as the management of personal data, calendar, orders and wishlist and any others that may be implemented (hereinafter, the Services).

2 - REQUIREMENTS FOR REGISTRATION

Any natural person of legal age and with full legal capacity to contract who accepts these Conditions may register as a User. OUTLET POOL reserves the right to request proof of the capacity declared by the Applicant at any time.

Registration as a User implies reading and express and unconditional acceptance of these Conditions and of the Legal Notice of the Website (both in the version published at the time of registration and in its subsequent versions), which the Applicant declares to have previously known before accepting them.

3 - USER REGISTRATION

In order to acquire User status, it is necessary to register by completing the form provided for this purpose, entering an email address as an identifier and a freely chosen password (hereinafter the Keys), as well as other data, including necessarily a contact email address. Subsequently, an email will be sent to the indicated address in order to verify it and validate the registration process. If the verification cycle is not completed through the message received in the email, the registration as a User will not be processed.

Once registration has been processed, the generated Keys will allow access to a personalized area on the Website. The User may freely modify their information and their Keys, as well as use the different Services included on the Website, through the tools made available for this purpose.

4 - USE OF THE KEYS

The Keys provided during the registration process are personal and non-transferable. The User undertakes to use their Keys diligently, for which they must take all reasonable measures to protect them. OUTLET POOL shall not assume any responsibility in the event that such Keys have been disclosed by the User to third parties. In case of loss, theft or unauthorized use of the Keys, OUTLET POOL must be informed without undue delay so that appropriate measures can be taken.

In case of loss or misplacement of the Keys, OUTLET POOL will provide new Keys to the User upon request.

The Keys may be freely modified by the User through the procedures established by OUTLET POOL for this purpose. The replaced Keys will be cancelled as a means of identification at the same moment the new ones are generated.

OUTLET POOL assumes, unless notified of loss, theft or misuse, that access through the Keys is carried out by the User to whom they correspond.

5 - USER OBLIGATIONS

All information provided by the User must be truthful. For these purposes, the User guarantees the authenticity of all data provided as a result of completing the forms included on the Website. Likewise, it shall be the User's responsibility to keep all information provided to OUTLET POOL permanently updated so that it reflects their real situation at all times. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to OUTLET POOL or third parties due to the information provided.

The User undertakes to use the Website diligently, correctly and lawfully and to use it in accordance with the Law, the Legal Notice, these Conditions, and other notices, regulations of use and instructions made known to them, as well as with morality, generally accepted good customs and public order.

For this purpose, the User shall refrain from using any of the Services for illegal purposes or effects, prohibited, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the Website, computer equipment or documents, files and all kinds of content stored on any computer equipment of OUTLET POOL, other users or any Internet user (hardware and software).

6 - LIABILITY OF OUTLET POOL

OUTLET POOL shall be exempt from any liability arising from access to and use of the Website (performance failures, interruptions or delays in the operation of the Services, system or line failures, etc.), even if any failure or malfunction causes damage to third-party computer tools. In this regard, the User accesses the Website under their sole responsibility. However, OUTLET POOL declares that it has diligently adopted the necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and avoid the existence and transmission of viruses and other harmful components.

OUTLET POOL shall be released from any liability in the event of improper use of the Website by the User.

OUTLET POOL shall not assume any responsibility for damages or losses that may be suffered as a result of events that could not have been foreseen, or that, if foreseen, were unavoidable, whether due to unforeseen circumstances or force majeure.

OUTLET POOL is not responsible for any failure, technical error, accident, breakdown, manipulation, interruption of the Service or any other incident that may arise in products, equipment or technical services outside OUTLET POOL whose use is necessary for the provision of the Services. OUTLET POOL shall not be responsible in cases of unavailability of the Service due to force majeure or temporary suspension for technical reasons.

7 - TECHNICAL SUPPORT

It is presumed that the User has the necessary knowledge to manage and enjoy the Services. OUTLET POOL may provide basic technical support free of charge to the User through the means made available on the Website for this purpose, but such support will not extend to cases where the User requires specialized or recurring technical support.

8 - INTERRUPTION OF SERVICE PROVISION

OUTLET POOL reserves the right to temporarily interrupt the provision of the Services for the purposes of improvement, repair or replacement of the technical means used to provide them. The User therefore accepts that service interruptions will occur for maintenance, repair, enhancement or expansion of features or functionality, and ultimately for all activities that result in an improvement of the Services or their preservation.

Likewise, OUTLET POOL reserves the right to temporarily or permanently interrupt the service when the User is in breach of any of the clauses contained in these Conditions and, especially, when the User is carrying out any type of illegal activity or is using the service in violation of these Conditions. Service interruptions for any of the reasons in this clause shall not give rise to any compensation to the User.

Specifically, in the event that OUTLET POOL detects and/or verifies during its maintenance tasks excessive consumption of memory, CPU or any other alteration that slows down the server where it is hosted, in such a way that it harms or undermines the provision of the service or the rights of other Users or third parties. For this purpose, OUTLET POOL will temporarily suspend the User. This circumstance will be notified to the User so that they can resolve the issue, and if after the service is restarted the same situation recurs in bad faith or continuously, the User will be permanently deregistered.

9 - ACTIONS OF THIRD PARTIES

OUTLET POOL adopts various protection measures to protect the Website and its Content against third-party cyberattacks. However, OUTLET POOL does not guarantee that unauthorized third parties cannot access the information hosted or related to the Website. Consequently, OUTLET POOL shall not be liable for any damages arising from such unauthorized access.

In order to reduce the risk of viruses being introduced into the Website, OUTLET POOL uses virus detection programs to monitor the Content introduced into the Website. However, OUTLET POOL does not guarantee the absence of viruses or other elements introduced by third parties that may cause alterations in users’ physical or logical systems or in the electronic documents and files stored in their systems. Consequently, OUTLET POOL shall not be liable for any damages that may arise from the presence of viruses or other elements that may cause alterations in users’ systems, documents or files.

OUTLET POOL shall not be responsible for third-party content that may be stored on the Website. Consequently, OUTLET POOL shall not be liable for any damages arising from: lack of availability or accessibility of the Website, interruption in its operation or computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system or other electronic systems, occurring during their operation; and other damages that may be caused by third parties through unauthorized interference beyond the control of OUTLET POOL.

10 - PERSONAL DATA PROTECTION

The User is informed that their personal data will be processed in accordance with the information provided in the Privacy Policy regarding Customers. By registering, the User expressly declares that they have read and accept the content of said Privacy Policy.

11 - PARTIAL NULLITY

In the event that one or more of the provisions of these Conditions is declared null or void, it shall be deemed not to exist and shall not affect the remaining provisions, which shall in any case be completed and interpreted together to fill any regulatory gaps left by the provisions declared null.

12 - NEW FEATURES AND MODIFICATION OF CONDITIONS

The Services made available to the User may be modified by OUTLET POOL without prior notice. In the event that any of the Services offered has specific conditions, these will be duly informed to the User and must be accepted prior to their provision.

OUTLET POOL may add new functionalities to the Website. In the event that such implementation involves a modification of the Conditions, it will inform the User for acceptance, through the website, by email, by equivalent means of communication or any of the usual channels used by OUTLET POOL to send communications. If the User does not agree with the Conditions, a period will be communicated to terminate the contract through formal communication to OUTLET POOL. The lapse of this period without the User expressing otherwise shall imply full acceptance of the new conditions.

13 - APPLICABLE LAW AND JURISDICTION

The use of the Website shall be governed and interpreted in accordance with these Conditions and, both these and anything not expressly regulated herein, shall be governed and interpreted in accordance with Spanish law.

Our entity is a member of Confianza Online (non-profit association), registered in the National Register of Associations Group 1, Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18, 4o 1, 28015 Madrid (Spain). For more information: www.confianzaonline.es

These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that, as a member entity and under the terms of the Code of Conduct (https://www.confianzaonline.es/doc/codigo_etico_confianzaonline.pdf), users may resort to Confianza Online for the alternative resolution of possible disputes (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these refer to electronic transactions with consumers, or to data protection when related to this field, complaints will be resolved by the Confianza Online Mediation Committee, accredited for alternative dispute resolution in consumer matters. If the complaints relate to digital advertising, or data protection related to this field, they will be submitted to the Advertising Jury of AUTOCONTROL. In addition, we remind you that you can access the European Union's online dispute resolution platform via this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Last update: April 1, 2022.