LEGAL NOTICE

1. Introduction.

In order to comply with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we inform users and visitors to the website of these terms and conditions, which are binding.
This Legal Notice has been revised in May 2023, so there may be variations until its next revision.

2. Identification of the person responsible for the website.

- Name: NEWGARDEN SPAIN S.L.
- NIF/CIF: B98434665
- Address: AV. FRANCIA, 5, P.I. LAS SALINAS. 30840 ALHAMA DE MURCIA (MURCIA) Spain.
- Telephone: +34 968978806
- Email: info@newgarden.es
- Registry data: Registro Mercantil de ALICANTE T 2997 , F 190, S 8, H MU 83324

3. Purpose and acceptance.

This Legal Notice regulates the use of the website www.newgarden.es, owned by the person in charge indicated in the previous point, hereinafter referred to as the "person in charge" or "company".

Browsing the company's website confers the condition of user of the same, and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications.

The user undertakes to make correct use of the website in accordance with the laws, good faith, public order, traffic uses and this Legal Notice.

The user will be liable to the company or to third parties for any damages that may be caused as a result of non-compliance with this obligation.

4. Conditions of access and use.

The website and its services are freely accessible and free of charge, except for the corresponding Internet connection and access costs contracted by the user. However, the company may condition the use of some of the services offered on its website to the prior completion of the corresponding form or prior authorisation by the company.

In the case of minors, in order to use the services, they must always obtain prior consent from their parents, guardians or legal representatives, who are ultimately responsible for all acts carried out by the minors in their care.

The responsibility for determining the specific content to which minors have access lies with them, which is why, if they access inappropriate content on the Internet, they will have to establish mechanisms on their computers, in particular computer programmes, filters and blocks, which allow them to limit the content available and, although they are not infallible, they are particularly useful for controlling and restricting the material that minors can access.

The user guarantees the authenticity and timeliness of all data provided to the company and will be solely responsible for any inaccurate or false statements made.

It is the user's responsibility to keep the information supplied to the company up to date at all times.

The user will make appropriate use of the contents and services of the company. The user will use the website in accordance with the Law, this Legal Notice, as well as morality and good customs.

To this effect, the user will not use the website for prohibited or illicit purposes, will not infringe the rights and interests of third parties, and will avoid any form or action that may damage or cause harm to the company and/or third parties.
In this way, the user undertakes not to carry out any of the following activities or actions:

a) Disseminate criminal, violent, offensive, disrespectful and, in general, contrary to law or public order content.
b) Introduce computer viruses into the network or carry out actions likely to alter, spoil, interrupt or generate errors or damage to electronic documents, data or physical and logical systems of the company, or of third parties; as well as hinder the access of other users to the website and its services by means of the massive consumption of computer resources through which the company provides its services.
c) Attempting to access the accounts and/or profiles of other users or restricted areas of the company's computer systems or those of third parties and, where appropriate, extracting information.
d) Infringe intellectual or industrial property rights, as well as violate the confidentiality of the company's or third parties' information.
e) Impersonate the identity of another user, public administrations or a third party.
f) Reproducing, copying, distributing, making available or in any other way publicly communicating, transforming or modifying the contents, unless authorised by the owner of the corresponding rights or it is legally permitted.
g) Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
h) Not to transmit, disseminate or make available to third parties: information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material which:
i. infringes, despises or is contrary to the fundamental rights and public freedoms recognised constitutionally, in international treaties and other regulations in force;
ii. induces, incites or promotes criminal, denigrating, defamatory or violent actions or, in general, actions that are contrary to the law, morality and public order;
iii. induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, beliefs, age or condition;
iv. is contrary to the right to honour, to personal or family privacy or to one's own image;
v. in any way damages the credibility of the provider or third parties; and constitutes unlawful, misleading or unfair advertising.

5. Intellectual property.

The website and all its contents necessary or implicit in its operation: texts, photographs, graphics, images, icons, technology, software, as well as its graphic design and source codes, constitute a work whose property belongs to the company or to their respective owners, and none of the exploitation rights over them beyond what is strictly necessary for the correct use of the website may be understood to be transferred to the user.

All the aforementioned contents, by way of example, but not limited to, are protected by intellectual and industrial property regulations. Any reproduction, use, distribution and communication, whether partial or total, requires prior authorisation from the company or, where appropriate, from the respective owners.

By default, users of the website may only view and use its contents privately, for the lawful and implicit actions of the website and the company's services; they may not be subject to any type of exploitation or transfer to third parties.
Likewise, all trademarks, trade names, logos, graphics or distinctive signs of any kind that may appear on the website are the property of their respective owners, without it being understood that the use of or access to the same attributes any right over the same to the user.

The company recognises its industrial and intellectual property rights in favour of the corresponding owners. The mention or appearance on the website of names and brands of third parties does not imply any right or responsibility of the company over them, nor any endorsement, sponsorship or recommendation by them.

The incorporation of logos, signs, data or contents that identify clients is carried out within the framework of fair practices in industrial or commercial matters, and their display is limited to indicating that the company has provided a service or maintained a professional or commercial relationship with them at some point in time.

The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised by the corresponding holder of the exploitation rights are prohibited.

The company is not responsible for the use that each user makes of the materials made available on this website nor for the actions carried out on the basis of the same.

6. Links (hyperlinks or links) and IP addresses.

The establishment of a hyperlink does not imply in any case the existence of a relationship between the company and the owner of the website on which it is established, nor the acceptance and approval by the company of its contents or services.

Those persons who intend to establish a hyperlink to the company's website must request prior written authorisation from the company. In any case, the hyperlink will only allow access to the home page of our website.
You will refrain from making false or inaccurate statements or indications about the company, or include illegal content, contrary to good customs and public order.

The company is not responsible for the use that each user makes of the materials made available on this website nor for the actions carried out on the basis of the same.

7. Exclusion of guarantees and responsibilities.

The content of this website is of a general nature and is for information purposes only, and access to all content is not fully guaranteed, nor is its completeness, correctness, validity or timeliness, nor its suitability or usefulness for a specific purpose.

The company is not responsible for the information and content stored, including but not limited to, in forums, chats, blogs, comments, social networks or any other medium that allows third parties to publish content independently of the company's website.

However, and in compliance with the provisions of the LSSICE, the company makes itself available to all users, authorities and security forces, and actively collaborates in the removal or, where necessary, blocking of all content that may affect or contravene national or international legislation, the rights of third parties or morality and public order.

In the event that the user considers that there may be any content that could be susceptible to this classification, please notify the company immediately by any of the means of contact indicated at the beginning of this Legal Notice.
The company excludes, to the extent permitted by law, any liability for damages of any kind arising from:

a) The impossibility of accessing the website or the lack of truthfulness, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of any kind in the contents transmitted, disseminated, stored, made available which have been accessed through the website or the services offered.
b) The presence of viruses or other malicious elements (malware) in the contents that may cause alterations and damage to computer systems, electronic documents or user data.
c) Failure to comply with the law, good faith, public order, traffic uses and this Legal Notice as a result of incorrect use of the website. In particular, and by way of example, the company is not responsible for the actions of third parties that violate the rights of intellectual and industrial property, rights to honour, personal and family privacy and self-image.
d) Any information found outside this website and not directly managed by the company, including any existing link or hyperlink, whose sole function is to inform the user of other sources likely to expand the information and content offered on the website.

The company reserves the right to modify any type of information or content that may appear on the website, without any obligation to give prior notice or inform users.

Users are responsible for reading the Legal Notice on any of the occasions that they visit the website, as the terms may undergo variations without there being any obligation to give prior notice or inform users of these conditions, with publication on the company's website being sufficient.

8. Privacy and cookies.

The company is highly committed to complying with personal data protection regulations in order to guarantee the privacy of individuals and the correct treatment of personal data, fully complying with its obligations and the corresponding security measures.

For more information see the website's Privacy Policy.

The website may use cookies (files with information that the server sends to the user's computer) to carry out certain functions of the website, which may be necessary for its correct operation or optional to improve its operation and carry out other functions.

In the case of the existence of non-necessary cookies, there may be a prior requirement of the user's informed consent.
In any case you can consult the Cookies Policy of the website.

9. Procedure in the event of activities of an illicit nature.

In the event that any user or third party considers that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the carrying out of any activity on the web pages included on or accessible through the company's website, they must send a notification through any of the means of contact indicated at the beginning of this Legal Notice, duly identifying themselves, specifying the alleged infringements and expressly declaring, under their responsibility, that the information provided in the notification is accurate.

10. Notifications, applicable legislation and jurisdiction.

All notifications and communications between users shall be considered effective when made through the means of contact indicated at the beginning of this Legal Notice. Users should contact the company by any of these means.
If any point or provision of any of the terms, conditions or policies present on the website is invalid or unenforceable, the rest of the terms shall remain valid and in force.

For all litigious matters concerning the company's website, Spanish legislation shall be applicable, and the Courts and Tribunals of the company's domicile shall have jurisdiction.