Legal advice

The website www.blowind.es (hereinafter, the “Website”) is owned by Blowin’ in the Wind, S.L. (hereinafter, the “COMPANY”), with registered office at C/Rioja 13, 1ºC – 41001 Sevilla and CIF B-88.528.187. Registered in the Mercantile Registry of Seville, Volume 7074, Folio 32, Section 8, Page SE 130949.

The COMPANY welcomes you and invites you to carefully read the General Conditions of Use of this Website (hereinafter, the “General Conditions of Use”) that describe the terms and conditions that will be applicable to your navigation through it, in accordance with the provisions of the applicable Spanish regulations. Given that the COMPANY could modify these Conditions of Use in the future, we recommend that you visit them periodically to be duly informed of the changes made.

With the aim that the use of the Web Site is adjusted to criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestion, doubt or query about the General Conditions of Use will be received and solved by contacting the COMPANY through the e-mail address: lopd@blowind.es.

1. Purpose

The COMPANY provides the content and services that are available on the Web Site, subject to these General Conditions of Use, as well as to the policy on the treatment of personal data (hereinafter, the “Data Protection Policy”). Access to this Web Site or its use in any form gives you the status of “User” and implies the unreserved acceptance of each and every one of these General Conditions of Use, and the COMPANY reserves the right to modify them at any time. Consequently, it will be the responsibility of all Users to carefully read the General Conditions of Use in force each time they access this Web Site, and therefore, if they do not agree with any of the provisions herein, they should refrain from using this Web Site.

Likewise, you are hereby warned that, on occasions, specific conditions may be established for the use of specific contents and/or services on the Website, and the use of said contents or services shall imply the acceptance of the specific conditions specified therein.

2. Services

Through the Website, the COMPANY may offer Users the possibility of accessing: Information about the company, its contact details, its products and services, its prices, its commercial offers, its location – A contact section to make enquiries by providing their personal details – Links to access social networks (hereinafter the “Services”).

3. Privacy and Data Processing

The COMPANY processes your personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and LO 3/2018. Information on your personal data, in accordance with article 13 of section 2 of the aforementioned regulation and LO 3/2018.

4. Industrial and Intellectual Property

The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial use and/or commercial are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted in the page, which are the exclusive property of the COMPANY and/or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, keeping the COMPANY harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial transfer of said rights, unless expressly stated otherwise. These General Conditions of Use of the Website do not grant Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this site, as well as the site itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. The COMPANY is the owner of the elements that make up the graphic design of the Web Site, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Site or, in any case, has the corresponding authorisation for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or by any means, without the prior written authorisation of the aforementioned Entity.

Likewise, it is forbidden to remove, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the aforementioned rights and to avoid any action that could damage them, and in any case the COMPANY reserves the right to exercise any legal means or actions that may correspond to it in defence of its legitimate intellectual and industrial property rights.

5. Obligations and Responsibilities of the Website User

The User undertakes to:

To make appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good customs and (iv) public order.

To provide all the technical means and requirements necessary to access the Website.

To provide truthful information when filling in the forms contained on the Website with their personal data and to keep them updated at all times so that they correspond, at all times, to the User’s real situation. The User will be solely responsible for any false or inaccurate statements made and the damages caused to the COMPANY or third parties for the information provided.

However, as established in the previous section, the User must also refrain from:

  1. a) Make unauthorized or fraudulent use of the Website and/or its contents for illicit purposes or effects, prohibited in these General Conditions of Use, 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 services or documents, files and all kinds of content stored in any computer equipment.
  2. b) Access or attempt to access resources or restricted areas of the Website, without complying with the conditions required for said access.
  3. c) Cause damage to the physical or logical systems of the Website, its suppliers or third parties.
  4. d) Introduce or disseminate computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
  5. e) Attempting to access, use and/or manipulate the data of the COMPANY, third party suppliers and other Users.
  6. f) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorised by the holder of the corresponding rights or it is legally permitted.
  7. g) Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or of third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
  8. h) Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or which have been expressly indicated on the web pages where the contents are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the contents.
  9. i) In particular, and by way of example only and without limitation, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:

(i) In any way that is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in the rest of the legislation in force.

(ii) Induces, incites or promotes criminal, denigratory, defamatory or violent actions or, in general, actions contrary to the law, morality, generally accepted good customs or public order.

(iii) Induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.

(iv) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order.

(v) Induces or is likely to induce an unacceptable state of anxiety or fear.

(vi) Induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium.

(vii) Is protected by intellectual or industrial protection legislation belonging to the COMPANY or to third parties without having been authorised for the intended use.

(viii) Is contrary to the honour, personal and family privacy or self-image of individuals.

(ix) Constitutes any type of advertising.

(x) Includes any type of virus or programme that prevents the normal operation of the Website.

If you are provided with a password to access some of the services and/or contents of the Website, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or content by outsiders. Likewise, you are obliged to notify the COMPANY of any fact that may lead to an improper use of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the above notification is not made, the COMPANY will be exempt from any liability that may arise from the improper use of its password, being its responsibility any illicit use of the contents and/or services of the Website by any illegitimate third party.

If you negligently or intentionally fail to comply with any of the obligations established in these General Conditions of Use, you will be liable for all damages that may arise from said breach for the COMPANY.

6. Responsibilities

The COMPANY does not guarantee continuous access, nor the correct visualisation, downloading or utility of the elements and information contained in the pages of the Web site, which may be impeded, hindered or interrupted by factors or circumstances beyond its control.

The COMPANY is not responsible for the decisions that may be taken as a result of access to the contents or information offered, as these decisions are taken by the user in the free exercise of their will.

The COMPANY may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Web Site or any of the services offered therein are contrary to these General Conditions of Use.

The COMPANY is not responsible for damages, losses, claims or expenses derived from the decisions made by the user himself in the free use of his will during his visit to the Website, unless said damages, losses, claims or expenses are directly attributable to the COMPANY due to errors on the page, error or omission.

It will only be responsible for removing, as soon as possible, the content that may cause such damage, provided that it is notified. In particular, it will not be responsible for the damages that may derive, among others, from:

(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the lines and telecommunications networks, or any other cause beyond the control of the COMPANY

(ii) illegitimate intromissions through the use of malicious programmes of any type and through any means of communication, such as computer viruses or any other.

(iii) improper or inappropriate abuse of the Web Site.

(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of the same. The administrators of the COMPANY reserve the right to withdraw, totally or partially, any content or information present on the Website.

The COMPANY excludes any liability for damages of any nature that may be due to the misuse of the services of free availability and use by the Users of the Website. Likewise, the COMPANY is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of the services of consultations and doubts. On the other hand, in the event of causing damages due to an illicit or incorrect use of said services, the User may be claimed by the COMPANY for the damages caused.

You will defend, indemnify and hold the COMPANY harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of the Website. You also agree to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action on your part that imposes an unreasonable burden on the operation of the Web Site.

7. Hyperlinks

The User is obliged not to reproduce in any way, not even by means of a hyperlink, the COMPANY’s Web Site, as well as any of its contents, unless expressly authorised in writing by the COMPANY.

The COMPANY’s Web Site includes links to other web sites managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. In accordance with this, the COMPANY is not responsible for the content of these websites, nor does it place itself in a position of guarantor and/or offering party of the services and/or information that may be offered to third parties through third party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website solely for private, non-commercial use. Websites that include a link to our Web Site (i) may not imply that the COMPANY recommends that website or its services or products; (ii) may not misrepresent its relationship with the COMPANY or state that the COMPANY has authorised such a link, nor include trademarks, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered in bad taste, obscene, offensive, controversial, inciting to violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Web Site other than the home page; (v) must link to the Web Site address itself, without allowing the linking web site to reproduce the Web Site as part of its web site or within one of its “frames” or create a “browser” on any of the pages of the Web Site. The COMPANY may request, at any time, that you remove any link to the Web Site, after which you must immediately proceed to remove the link. The COMPANY cannot control the information, contents, products or services provided by other web sites that have established links to the Web Site.

Consequently, the COMPANY assumes no responsibility whatsoever for any aspect related to such websites.

8. Cookies

You can consult the information on cookies by accessing the “cookies policy” section.

9. Duration and termination

The provision of the service of this Web Site and the other services have, in principle, an indefinite duration. However, the COMPANY may terminate or suspend any of the services of the portal. When it is possible, the COMPANY will announce the termination or suspension of the provision of the specific service.

10. Representations and Warranties

In general, the contents and services offered on the Website are for information purposes only. In the event that the products or services reflected on the website are made available to the user, the provisions of the corresponding general contracting conditions shall apply.

11. Force majeure

The COMPANY will not be responsible in all cases of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.

12. Dispute resolution. Applicable law and jurisdiction

These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. In the event of litigation, the contracting parties submit to the Courts and Tribunals of the place of residence of the interested party, assuming the party that breaches the contract the judicial and extrajudicial expenses derived from the claim, including the expenses of lawyers, solicitors, etc.

In the event that any stipulation of these General Conditions of Use is unenforceable or null by virtue of the applicable legislation or as a result of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or null altogether. In such cases, the COMPANY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.