I. Users
Access to and/or use of the website implies the user's express and unreserved acceptance, from that moment, of the current General Terms and Conditions in addition to the Particular Terms and Conditions that, when applicable, complement, modify or substitute the General Terms and Conditions regarding certain services and contents on the website.
II. Use of the website, its services and contents
The user assumes the obligation to make proper use of the website, its service and contents in accordance with current legislation, good faith, generally accepted uses and public order. The use of the website for illicit practices or harmful purposes that may damage Big Garlic or any other third party, or any manner of use that may harm or impede the normal functioning of the website remains strictly prohibited.
With regards to the contents (information, text, graphics, sound and/or image files, photographs, designs, etc.) the following is prohibited:
- Their reproduction, distribution or modification unless the express authorization of the legal owners is granted or it is legally permitted.
- Any violation of the rights of Big Garlic or the legal owners.
- Their use for all manner of commercial or advertising purposes that vary from those that are permitted.
- Any attempt to obtain the contents of the website through any method different to those made available to users in addition to those that are usually employed on the network, as long as they do not harm the website in any way.
III. Responsibility of the user regarding damages and losses
Use of the website is the unique and exclusive responsibility of the user. Said responsibility will extend to the use, by the user or any third party, of any password or similar identification method assigned for the purpose of accessing the website or any of its services.
Notwithstanding the foregoing, Big Garlic reserves the right to deny users access to the website, at any time and without the need for prior notice, if they do not comply with these General Terms and Conditions, or the Particular Terms and Conditions whenever applicable.
IV. Unilateral modification
Big Garlic may unilaterally modify, without the need for prior notice and as long as it is deemed necessary, the structure and design of the website, in addition to modify or remove the services, contents, and access and/or usage terms and conditions of the website.
V. Hyperlinks
Individuals or entities who hope to create a hyperlink from the website of another online portal or store to any of the pages of the store big-garlic.com will be subject to the following conditions:
- The full or partial reproduction of any of the services or contents on the big-garlic.com website is not permitted.
- Deep-links, IMG links or images, or frames with the store pages will not be established without the express authorization of Big Garlic.
- No false, inaccurate or incorrect declaration will be included about the pages of the website or its services and contents.
- With the exception of the signs that form a part of the hyperlink, the website on which it is established will not contain any brand, commercial name, establishment mark, name, logo, slogan or other distinctive signs pertaining to Big Garlic without express authorization having first been granted. - The establishment of the hyperlink will not imply the existence of relations between Big Garlic and the owner of the website or portal from which it is made, nor will it imply Big Garlic's knowledge or acceptance of the services and contents offered on said portal. - Big Garlic will not be responsible for the contents or services made available to the public on the website or portal from which the hyperlink is made, nor will it be responsible for the information and declarations included on the website or portal. - Any "hyperlink" to the website will be made to its main page or main pages of the sections it contains.
The website makes available to users connections and links to other website managed and controlled by third parties. The sole purpose of these links is to aid users when searching for information, contents and services on the Internet. At no time should they be considered a suggestion, recommendation or invitation to visit these sites. Big Garlic does not market, direct, control or own the contents, services, information and declarations available on said websites.
Big Garlic does not assume any responsibility, whether directly or indirectly, for the damages or losses that may arise from the access, maintenance, usage, quality, lawfulness, reliability or usefulness of the contents, information, communications, opinions, declarations, products and services that exist or are offered on websites that are not managed by Big Garlic and which can be accessed through the website.
VI. Exclusion of liability and guarantees
Big Garlic does not grant any guarantee nor is it responsible for, in any case, the damages and losses of any kind that may arise as a result of:
- The lack of availability, maintenance and effective functioning of the website and/or its services or contents.
- The lack of usefulness, suitability or validity of the website and/or its services and contents to satisfy the needs, activities or specific or expected results of users.
- The existence of a virus, or malicious or harmful programs in the contents.
- The receipt, obtainment, storage, diffusion or transmission of the contents by users.
- The use of the website, its services and contents by users in a manner that is illicit, negligent, or fraudulent, or which is contrary to these General Terms and Conditions, good faith, generally accepted uses or public order.
- The lack of lawfulness, quality, reliability, usefulness and availability of the services provided by third parties and made available to users of the website.
- The non-fulfilment of the obligations or commitments of third parties regarding the services provided to users through the website.
VII. Duration
The provision of the website service and its services shall exist for an indefinite period of time.
Notwithstanding the foregoing, Big Garlic reserves the right to interrupt, suspend or terminate the provision of the website service, or that of any of the services that constitute it, in the same terms that are stated in section four.
VIII. Intellectual property
All of the contents of the website, which are understood to include, but are not limited to, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual and sound contents, in addition to its graphic design and source codes (hereinafter the "Contents") are the intellectual property of Big Garlic or third parties, and the exploitation rights of these, beyond what is strictly necessary for the correct use of the website, may not be regarded as granted to the user.
Brands, commercial names or distinctive signs are owned by Big Garlic or third parties, and accessing the website does not imply any right over these aforementioned brands, commercial names and/or distinctive signs.
For the purpose of preserving possible intellectual property rights, in the event any user or third party deems their legitimate rights have been infringed upon due to the introduction of certain content on the website, the user must notify Big Garlic of this circumstance by indicating:
- Personal information of the owner of the allegedly infringed rights. If the claim is presented by a third party who is not the owner, the third party must indicate on whose behalf they are acting.
- Indication of the contents protected by intellectual property rights and their location on the website.
- Certification of the cited intellectual property rights.
- Express declaration that the owner is responsible for the veracity of the information facilitated in the notification.
IX. Applicable legislation and jurisdiction
The present General Terms and Conditions will be governed by Spanish legislation.
Big Garlic and the user, with express waiver of any other jurisdiction to which they might have recourse, submit to the jurisdiction of the Courts of Law of Alicante for any questions that may be raised or actions undertaken derived from the provision of the service of the website and its services and contents, and regarding the interpretation, application, fulfilment or non-fulfilment of the terms and conditions established herein.