GENERAL CONDITIONS OF ON-LINE SALE AT THE ROCA MARKETPLACE
WHAT IS THE MARKETPLACE?
ROCA TILES SPAIN, SL. (Unipersonal Society) ("ROCA") creates and implements in www.roca.es (the "Web"), a virtual market (the "Marketplace") through which buyers (the "Buyers") can compare offers, contact and buy online ROCA products (the "Products") from the sellers of the Products attached to the Marketplace (the "Sellers") in accordance with the commercial conditions offered by each Seller. ROCA is not the seller of the Products in the operations carried out through the Marketeplace. The seller of the Products will be, in all cases, the Seller selected by the Buyer from among those attached to the Marketplace.
This website, as well as the Marketplace, is owned by ROCA TILES SPAIN, SL., a Spanish company, with registered office at Avenida Diagonal, number 513, Barcelona Spain, registered in the Mercantile Registry of Barcelona in Volume 42953, Sheet number 4744, Folio 0137, Registration 285 and provided with CIF number A-08-037392.
To use the Marketplace, the Buyer fully accepts, without reservations or conditions, the content of these general conditions of use of the Marketplace.
The sales made through the Marketplace between Buyers and Sellers are governed 1) by the commercial policies and conditions that each Seller offers in the Marketplace and that the Buyer will find, throughout the purchase process, in the descriptive file of each Seller that contains your offer and 2) in addition to the general conditions of sale that the Buyer will find by clicking here (the latter referred to as the "General Conditions of Sale").
To make the purchase on the Marketplace, the Buyer must fully accept, without reservations or conditions, the content of the General Conditions of Sale, as well as the commercial policies and conditions offered by the Seller with whom the Buyer formalizes the purchase. For these purposes, the Buyer will express said acceptance by clicking on the box enabled during the confirmation of his order.
The General Conditions of Use, the General Conditions of Sale and the commercial policies and conditions offered by the Sellers may be subject to modification from time to time and will be published in the Marketplace, so that they can be known by the Buyers. In case of modification of the same, the conditions that apply to the Buyer will be those that were in force at the time of access to the Marketplace and that he accepted at the time of purchase. As a consequence of the foregoing, the Buyer is recommended to consult these conditions during each access and / or purchase.
The General Conditions of Use, the General Conditions of Sale and the commercial policies and conditions offered by the Sellers will be available in Spanish.
These General Conditions of Use regulate the Marketplace and establish the operating standards by which ROCA makes available to Sellers and Buyers the tools and technologies enabled in the Marketplace so that Buyers can buy the Products from Sellers in the Marketplace.
As a precondition for admission, the Buyer declares that he is of legal age and has the necessary and sufficient legal capacity to use the Marketplace in accordance with these General Conditions of Use.
2. ACCESS TO THE MARKETPLACE
To open the Account, the Buyer must click here and fill in the registration form with the data that allow their identification. The Buyer undertakes to provide only accurate, truthful, complete, and updated information and to inform ROCA immediately of any alteration in the data provided.
Once the data has been validated, the Buyer will receive an email at the address provided in the registration form with a link to verify their email and identification. After confirmation by the Buyer, the Buyer's Account will be activated and the Buyer will be able to start using the Marketplace by accessing his username and password.
The Buyer is responsible for keeping the Account access data, in particular its username and password, secret and not disclosing to third parties. The Buyer is responsible for third-party access to the Account through the Buyer's username and password, except for evidence of fraudulent use not attributable to the Buyer or a police report. In the event of loss, hacking or fraudulent use of the Account and /or username and password, the Buyer will immediately notify ROCA.
In case of forgetting or loss of your username and/or password, the Buyer will follow the steps enabled for this purpose in the Marketplace in order to restore their access codes.
Likewise, ROCA strives to keep the Marketplace accessible to Buyers. However, access to the Marketplace may be interrupted for maintenance purposes, updating, and for other reasons, including technical ones, beyond the control of ROCA, such as cutting off telephone networks or overloading the Web. among others. ROCA is not responsible for these interruptions and the consequences that may arise for the Buyer.
3. DESCRIPTION OF THE MARKETPLACE
The purchase of Products through the Marketplace, as well as, where appropriate, the transportation for the delivery of the Products to the Buyer, are processed directly between the Buyer and the Seller. If the Buyer purchases a Product through the Marketplace, the Buyer will be signing a sales contract with the selected Seller subject to the General Conditions of Sale and the commercial policies and conditions offered by said Seller on the Marketplace. ROCA is not part of the sale of Products through the Marketplace, nor in any case is it an agent or Seller or reseller of the Sellers' Products.
Opening an Account and using the Marketplace are free. The opening of an Account and the use of the Marketplace do not imply any obligation to purchase on the Marketplace on the part of the Buyers.
4. COMMUNICATION BETWEEN ROCA AND THE BUYER
Communications between ROCA and the Buyer arising from the application of the General Conditions of Use will be made by telephone at the telephone number indicated by the Buyer, or by email to the email address and telephone number provided by the Buyer during the purchase process, or by contacting ROCA customer service, whose details are as follows: telephone 93 366 12 66 and the following ROCA email address email@example.com.
The Buyer agrees to receive communications from ROCA electronically and will ensure that they can receive emails from ROCA.
5. ROCA'S LIABILITY
ROCA is only liable to the Buyer for damages caused to it by events directly attributable to ROCA. Thus, for example, ROCA is not responsible for the costs or damages that may be caused to the Buyer due to:
a) a misuse that the Buyer makes of the Marketplace and/or the Web;
b) causes attributable to the Buyer; or
c) causes attributable to a third party, in particular, due to causes attributable to the Seller.
In particular, ROCA declines all responsibility resulting from the sales of the Products that are formalized between the Buyer and the Seller in the Marketplace, from whose relationship ROCA is totally unrelated.
Any claim regarding the lack of conformity of the Products purchased through the Marketplace or the shipment of the Products must be addressed to the Seller with whom the Buyer formalizes the sale contract, following the procedures provided in the Seller's own commercial policies and conditions. and in the General Conditions of Sale.
6. BUYER'S OBLIGATIONS
The Buyer is obliged to comply with these General Conditions of Use of the Marketplace.
In particular, the Buyer undertakes during the use of the Marketplace to:
a) Provide only accurate, truthful, complete and updated information and inform ROCA immediately of any alteration in the information provided.
b) Do not use false identities, or access the Marketplace through the username and password of another Buyer or impersonating the identity of others.
c) Not to introduce, store or disseminate through the Web or the Marketplace information that is defamatory, injurious, obscene, threatening, xenophobic, that incites violence or that in any other way infringes or violates morality, public order, the intellectual property rights, industrial or business secrets of ROCA and / or third parties and / or current regulations.
d) Not to introduce, store or disseminate through the Web or the Marketplace any virus, data, code or any other physical or electronic device capable of causing damage to the Web, the Marketplace, the Sellers, other users or any third.
e) Not to carry out advertising or commercial exploitation activities through the Web or the Marketplace, nor to introduce hyperlinks to other web pages.
f) Do not collect personal data from third parties through the Web or the Marketplace.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
All rights and titles on the Marketplace or related to it or with the products offered on the Marketplace, including any industrial or intellectual property rights (which includes, by way of example and without limitation, any trademarks, trade names, patents, utility models, designs, copyrights, image rights, domains, know-how, etc.) belong to ROCA exclusively or to a company in its group.
8. PARTIAL NULLITY
If any stipulation of these General Conditions of Use is declared null or void, in whole or in part, by any court or competent authority, the remaining stipulations will remain valid. The stipulations affected will be replaced by a valid stipulation that corresponds to the spirit and purpose of the General Conditions of Use.
9. APPLICABLE LEGISLATION. RESOLUTION OF DISPUTES.
For the resolution of any dispute or discrepancy that may arise regarding the interpretation, execution, compliance, and/or breach of the General Conditions of Use, the parties, waiving any other jurisdiction that may correspond to them, submit to the jurisdiction and jurisdiction of the Courts and Tribunals of the city of Barcelona (Spain).
These General Conditions of Use will be governed and interpreted in accordance with the Laws of Spain.