CONDITIONS OF ACCESS AND USE OF WEBPAGE


1. Who manages the Site www.bmld.es?

The company managing the webpage and/or Site is BM LIGHTING S.L. VAT number B-62679659, registered office at Calle Casp 12, DEF, 08010, province of Barcelona, e-mail: info@bmld.es (thereafter BMLD); a company registered in the Trade Registry of Barcelona, V. 33987, Page 27, Sheet B 237903, First entry.

BMLD is the owner of the webpage http://www.bmld.es (thereafter the Web) in any of its versions – Spanish, Catalan, English-, and were you can direct yourselves for any inquiry or doubt you have while you are navigating.

The purpose of the Web is to let know the services that BMLD offers in the market and the projects of illumination in which it participated.

This Web is mainly directed to national and international companies , self-employees and/or independent professionals, as well as to natural persons of legal age, who accept that the information to be supplied and/or accessible in the Web, will be for simple reference information purpose and that the use to be done of it shall be on their sole own risk, and that they may not claim any liability associated to decisions made based on the information provided by BMLD and/or obtained through the Web and its Services, if the case arises.

2. Which are the Terms and Conditions governing the Web?

When navigating through Internet, the General Conditions shall always be borne in mind that regulate the access and use of each of the web pages they are visiting because such conditions are enforceable against the navigator and he has to read them very thoroughly to avoid performing prohibited activities and/or non-allowed uses.

The access and use to the Web www.bmld.es is subject to fulfilling General Conditions that are published in an accessible, conspicuous and clear way in the Web by means of the tab page Conditions of Access and Use located at the foot of the page of the home page. These Conditions are subject to continuous updating; therefore, we recommend that you carefully read the legal notices every time you are willing to access in case they sustained some changes.

In addition, Particular Conditions can exist that regulate, if the case arises, the Web providing certain services that could replace, complete and/or modify the General Conditions, that have to be carefully read before entering in a contract and that will be easily accessible at the moment of applying for each of the services. In the event of a contradiction between the General Conditions and the Particular Conditions of the services, the Particular shall prevail.

The access to and Use of the Web, its contents and its Services grant the condition of User to the navigator, (thereafter, the User) and mean the ACCEPTANCE of the whole of these GENERAL CONDITIONS OF ACCESS AND USE in the moment when the User accesses to it and in the version published in the moment in which he accesses and/or, if the case arises, when he is registered and/or he applies for certain services be provided.

The full legal texts, Conditions of Access and Use, Particular Conditions of the Services and, if the case arises, the Policy of Privacy and the Policy of Cookies form A SET OF TERMS AND CONDITIONS (thereafter, Terms and Conditions) that regulates the Access to and Use of the Web, its Contents and its Services, setting the uses and activities that are allowed and prohibited, that the User declares HE READ, UNDERSTOOD AND ACCEPTED AS A WHOLE AND WITHOUT RESERVES, when he has access and/or, if the case arises, when he is registered and/or applies for given services be provided. If he disagrees we recommend him not to go on navigating.

3. Is it necessary that I am registered to have access to the Contents and/or Services of the Web?

The access and display of the contents of the Web do not require registration, however, to have access to certain services in the future it is possible it is required to be registered.

Only may be registered for the access to services for registered users, if the case arises, the legal representatives of the companies having powers in force and sufficient of representation and/or the individuals of legal age who shall ACCEPT, after reading and understanding them the Terms and Conditions that regulate the Web. Never misrepresentations concerning the age have to be done and you shall be the sole responsible for such representations and that they are accurate, updated and true.

4. What the User undertakes when he has access and/or is navigating in our Web?

The User undertakes to access to and use the Web, its Contents and Services, if the case arises, according to the law, the moral and the public order and according to these General Conditions, correctly and diligently its use being forbidden for business or illegal purposes.

The User undertakes not the withdraw, suppress, alter, manipulate, modify the notes, indications or symbols that either BMLD or the rightful holders of the rights incorporate in their properties in matter of intellectual or industrial property, rights of image, or suppress the protecting technical devices the Contents of the Web could have.

The User undertakes not to use the Web or its Services in the event that they are enabled to transmit contents, material and information: – that are illegal, contrary to the moral, the public order, inappropriate or harmful for the minors; that undermine the dignity or the human rights; that incite ,induce or promote criminal , slanderous, discriminatory facts; that infringe the rights of intellectual and industrial property of BMLD or of third parties or rights associated to their image; that includes advertising any trademark that is not BMLD’s; that undermine the intimacy and the right to honour; that have a violent nature, of advocacy of the violence, having a pornographic nature ; that induce to a serious error or that for any reason the User is not entitled to transmit or make public because it may have legal protection, that violate trade secrets or of other type; that infringe the right to secrecy of the communications; that constitute an unlawful, unfair publicity, including the publicity on line in the form of mass messages of the type of spams or pyramidal or junk mail; that prevent the regular use of the Web by other Users; that allow the collection and storage of data of third parties without authorization; that alter with fraudulent means , personal web pages, e-mails or systems of information of third parties without authorization; that impersonate a third party; that mean carrying out actions and/or facts that can introduce virus or any other element; that can damage, overload or prevent the normal operation of the Web, hardware, software of BMLD or of third parties.

The User acknowledges and accepts that the access, display and, if the case arises, the download of contents shall always be carried out with strictly personal purpose, i.e., private and never commercial.
The User shall not use the brand, distinctive sign and name BMLD and/or any other similar or that includes names looking alike, in any written and/or electronic support including the registration of domains, without the prior and written authorization of BMLD.

The User undertakes not to incur in any unfair behaviour that would result suitable to create confusion with the activities, provisions or premises of BMLD and generating a high risk of association among the consumers with respect to the origin and source of BMLD.

5. Are the contents published in the Web protected?

The whole of the contents forming the Web are protected by rights of industrial and intellectual property either because BMLD is the holder or because it is duly authorized for their use.

To that effect, are understood as contents the elements forming the Web, its format, text, navigating structure, scripts , selection, arrangement, the contents, the services, the creative and original elements, the files of sound, the files of animation, the files of video, including the photographic works, the simple photographs, the images, the databases, the computer programs, the source code, the trademarks, logos, distinctive signs, the trade brands, the advertising materials, if the case arises, the audio-visual works, as well as the webpage itself as a whole as a multimedia artistic work (thereafter the Contents). All of this without prejudice of the full title held by collaborating entities, customers, on their own contents, logos and trademarks, photographs, warning you that this Web could contain images subject to rights of industrial and intellectual property of third parties.
BMLD holds the rights of intellectual property on the databases, if any, its structure created for the operation of the Web devised as works, data or other independent elements arranged in a systematic or methodical way individually accessible with electronic means or otherwise and that by the selection and arrangement of its contents constitute an intellectual creation.

Therefore, are prohibited:

  • any act meaning the disposal, reproduction, distribution, public communication, letting it to interactive disposal, transformation and
    retro-engineering of the Contents of the Web to create new contents, services, databases and/or pages having analogous nature with the information obtained from the Web without the prior written consent of BMLD.
  • that the User uses the Contents of the Web with a business purpose in his own profit and/or of the profit of third parties, directly or indirectly and the use of any technological device, technical resource or of any other nature allowing the User and/or third parties to take profit of the non-authorized economic operation of the protected Contents of the Web.
  • the use of any computerized system or software to extract data from the Web to display them in another website (screen scraping) or similar, to which BMLD is specifically opposed, as well as, the use of robots, spiders, crawlers or similar tools with the purpose of collecting or extracting data.
  • withdraw, suppress, alter, manipulate, modify the notes, indications or symbols that either BMLD or the rightful holders of the rights in matter of intellectual or industrial property, incorporate to their creations or suppress the protecting technical devices the Contents could have.
    the use of the name, the trademark BMLD and its logo that are identified with the study of the design of illumination without the specific and written authorisation of BMLD.

In no case, the access to the Web and display of the Contents mean granting a licence of industrial and/or intellectual property or any authorization on the Contents of the Web for their copy, distribution, public communication, to let them at interactive disposal in a webpage other than that of BMLD to which BMLD is specifically opposed as the author or because it has the authorisations necessary for their operation.

Any non-authorised use of the Contents shall be considered as a violation of the national and international laws protecting the copyrights.

6. When is BMLD not liable?

BMLD does not warranty the truthfulness, accuracy, integrity, utility, suitability, reliability, update, opportunity, lawfulness, lack of virus and other harmful elements of the Contents published in the Web.

BMLD does not warranty the availability, continuity and correct operation of the Web, uninterrupted access and free of errors and of his Services, if the case arises to the extent that the access to the portal requires the collaboration of other providers of services of the company of the information that are beyond its control.

BMLD assumes no liability arising from an access to the Web and/or fraudulent use of the Services by the Users that mean the breach of the law and/or of the rights of third parties.
BLMD assumes no liability for the information housed, published, disclosed, copied, made available by the registered Users, either it being their own or that of third parties in the Web through the services for registered Users or the non-authorized accesses to their account.

BMLD shall be not liable for the behaviour of the user having access and using the services that the Web can offer or for the misrepresentations, inaccurate and incomplete representations made by the Users.

BMLD is not liable for the failures or anomalies of the Web, in the events of Acts of God and Force Majeure, or when they arise from facts and circumstances that are beyond its control or when they are due to misrepresentations or erroneous representations by the User and/or an inadequacy of the configuration of his equipment or of the failure or interruptions of the service that are due to the provider of services of access, hoisting, to the electric network or to any third party, we cannot control.

BMLD is not liable for the failures or anomalies the liability of which is solely of the User due to the inadequacy of the configuration of the hardware and/or software, inadequate connexion to Internet or the failures or interruptions of the Web that are due to third parties.

BMLD assume no liability for the errors of security that can occur or of the damages that can be caused to the computer system of the User or the mobile device of the User or of third parties (hardware, software), to the files or documents and/or information that is stored in the computers of the Users consequently to a virus in the computer of the User during his access to the Web.

BMLD assumes no liability for the correct operation of the links that could be in the Web, of their availability, accuracy and lawfulness of the content or information of the websites linked and of the correct operation of the services existing, if any, with the limits set out in the law in force.

BMLD assumes no liability towards the User for the correct operation of the products and services of third parties that can appear published in the Web as well as the fulfilment of the applicable and sectorial regulation of the product and/or service by the provider of the services,

BMLD assumes no liability with relation to and on any personal information of the registered User or of a third party that this later decides to voluntarily publish and made accessible to the rest of the registered Users or through the account of BMLD in the social networks. The User shall be sole liable against any claim from third parties with relation to the information published.

7. Which policy are we following in matter of liaisons and/or links?

It is forbidden to place links to the Web unless specific and written authorization from BMLD. In no case, placing links implies any relationship between BMLD and the companies and/or individuals holding the linked websites and hiring the services and/or acquiring the products offered by the linked websites shall be done directly between the User and the linked website, keeping BMLD indemnified from any liability relating to the contents, products and the linked websites correctly providing the services.

8. May I freely make recommendations and issue opinions in the Web?

When services are provided through the Web for registered Users in which an opinion, sharing experiences, knowledges such as chats, forums, groups of news, can be sought, the User is sole liable of the opinions delivered and he undertakes to use the services under the principles of good faith, respecting the law in force and the rights of intellectual and industrial property of third parties, warranting that he shall not make comments and opinions contrary to the law, the moral, the public order, of a content inappropriate for minors, slanderous, insulting, pornographic and that attacks the image and/or damage the reputation, honour and dignity of third parties.

When the registered Users voluntarily send their comments and/or opinions to the Web, they grant a licence free of charge to BMLD, nonexclusive, transferable, for everybody, for the maximum time the law sets out and for all the mass media existing on that date in order that: – they are disseminated, published, reproduced, distributed, housed, publicly communicated , edited, transformed , made available to the rest of the registered Users and replicated by BMLD and/or by the rest of the registered Users, transformed, modified and/or replicated.

BMLD shall not carry out any editorial work on the contents generated, if any, by the registered Users and assumes no liability at all associated to them and it reserves the right to withdraw the contents published by the registered Users that fail to meet these General Conditions and/or Rules of Conduct, if any, without prior notice or the right to any indemnity to their favour.

BMLD is under no obligation to supervise the contents provided by the Users, if any, or a general obligation to supervise the data they transmit or store or to carry out active search of facts or circumstances that indicate unlawful activities, not being liable for the information stored and/or accessible at the request of the User with the limits set out in the Spanish law in force.
If you think that any of these General Conditions fails to be meet, please notifies it to us at the following address info@bmld.es stating the reason of the default, without prejudice of the use of the tools and/or mechanisms that BMLD had made available to you, if any, to denounce the offensive, slandering content and/or that is against the law.

9. Which is the duration of these General Conditions?

These general conditions shall have an undetermined duration. Any of the parties may dissolve (the agreement) in the event of default of the obligations and covenants set herein.

10. Which policy are we following in matter of Personal Data Protection?

In matter of Personal Data Protection Policy, we follow the set out in the Policy of Privacy.

11. Which are the competent law and the applicable jurisdiction?

These terms and conditions are governed by the Spanish Law and for any discrepancy arising with relation to their interpretation and execution, they are submitted to the courts where the provider of services is established, that means, the courts and tribunals of the city of Barcelona.

BMLD informs you that there exists a platform of resolution of conflicts on-line to which you can direct yourselves to resolve possible disagreements that could exist when the addressee of the service that is hiring on line the provision of a service and/or the purchase and sale of a product meets the condition of consumer, if the case arises, which is available at the following link:  https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=ES.

12. May the contents, services and legal terms regulating the access and use of the Web be modified?

For the purpose of improvement, techniques, security and legality in the Web, BMLD reserves the right, at any moment and without prior notice to the User, to modify, extend, withdraw, suspend or temporarily or definitely stop the Web (presentation, configuration, technical specifications) and its Contents.

For reasons of bringing in line with the law in force and/or the codes of conduct, by reason of techniques of access to the Web and to the Contents, it may modify, extend, update and revise the legal Terms and Conditions.

The modifications shall be made public in the Web sufficiently in advance in order you know them before they are applied. After the modifications have been carried out, the access to the Web means your ACCEPTANCE. If you do not agree with the modifications, please do not have access to the Web.

The last version of the Terms and Conditions of the Web shall be always available through the Web and they can be stored and/or reproduced by the Users.

13. Which policy are we following in matter of Cookies?

The policy we follow in matter of cookies appears in the Policy of cookies when own cookies and/or those of third parties have been placed requiring your authorization. However, the preceding, we inform you that generic cookies of technical nature of personalisation and security are used that do not require your authorization.

We inform you that about the navigating data to which, if the case arises, BLMD may have access such as your IP address, we advise you that it shall be used to analyse the Web statistic uses, including the most visited sections and preferences of the users. The IP address shall be used for those purposes in a dissociated way and shall not be associated to an identified or identifiable natural person. Likewise, the IP addresses can be treated to warranty the security of the red and the information bearing in mind the rightful interest of BMLD.

The cookies are little files of text that are placed at the beginning and that are stored in the navigator of the User with the possibility of further access in order that the server recall a given information allowing to recognize the navigator and computer in the future, language selected, place of connexion; device used (fixed/mobile); identify the most visited places; usual actions carried out when navigating and have access to the previously stored information. These cookies are used to speed up the navigation on the Web and prevent possible attacks. To avoid placing these cookies, you must configure your navigator to the maximum of privacy (not accepting the cookies) and/or to receive a notice in the screen of reception of each cookie and decide at that moment, their installation or not in the hard drive of the computer.