LEGAL NOTICE

www.ausama.com is an internet domain owned by AUTOMOCIÓNS SAN MARCOS S.L. Thus, AUTOMOCIÓNS SAN MARCOS S.L. (hereinafter THE ENTITY), with which it intends to comply with the obligations set forth in Law 34/2002, of July 11, on Company Services Information and Electronic Commerce, as well as informing about the conditions of use of the site.

Any person who accesses this website assumes the role of USER, committing to rigorous compliance with the provisions set forth herein, as well as any other applicable legal provision.

In the event that certain content services and/or tools offered through this "Portal" require the application of particular conditions, these will be made available to the USER.

THE ENTITY reserves the right to modify both the contents and services of this web page, as well as the conditions of use, without there being an obligation to pre-notify or inform the USERs, understanding as sufficient with the publication on the web site.

If the USER does not agree with all the conditions set forth in this Legal Notice, as well as in our Privacy Policy and Cookies Policy, they should not use this website.


1. Identification of the person in charge

  • Company name: Automocións San Marcos S.L. (THE ENTITY)
  • Trade name: Ausama
  • Registered office: A PEROXA, S/N, 36579 - LAMELA - SILLEDA PONTEVEDRA
  • NIF: B-36050409
  • Email: info@ausama.com
  • Telephone: +34 986 585 726
  • Commercial register: R.M. de Pontevedra en Folio 118, del Libro 616 de sociedades, Inscripción 1ª, Hoja 8.491, de fecha 19-1-1988

2. Purpose of the site

Through our website, we offer USERS the possibility of accessing all information about our products and services.
 

3. Industrial and intellectual property

The USER acknowledges and accepts that this website as a whole, as well as all the content displayed on it, especially: designs, texts, images, logos, icons, buttons, software, trade names, brands, distinctive signs, or any other signs susceptible to industrial and/or commercial use are subject to industrial and intellectual property rights, being the exclusive property of THE ENTITY and/or its licensors, who have the exclusive right to use them in economic traffic.

By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law, the reproduction, distribution, transformation and public communication, including the method of making them available, of all or part of the contents of this web page are expressly prohibited, for commercial purposes, in any medium and by any technical means, without the authorization of THE ENTITY and/or the third party owner of the affected rights. You can view the elements of the portal and even print, copy and store them on your computers or any other physical support, as long as it is solely and exclusively for your personal and private use.

The USER must refrain from deleting, altering, evading or manipulating any technical protection, security or information device that was installed on the website.

Therefore, the USER undertakes to respect the rights set forth and to avoid any action that could harm them; keeping THE ENTITY, harmless from any claim arising from the breach of such obligations and reserving the exercise of whatever means or legal actions correspond to it in defense of its legitimate interests.
 

4. Responsibilities of the USER of the web space

The USER assumes responsibility for the use of the portal, for which it undertakes to:

  • 1. Make proper and lawful use of the web space, as well as the content and services, in accordance with:
    • The applicable legislation at all times.
    • These conditions of use of the web space.
    • Generally accepted morals and good customs.
    • Public order .
  • When to access certain content or services on the web space, it is necessary to provide personal data, the USER will guarantee its truthfulness, accuracy, authenticity and validity. In addition, it undertakes to keep the data provided updated. The USER will be solely responsible for any false or inaccurate statements made and for the damages caused to the company or third parties due to the information it provides.
    • In the case of being a minor, the USER must obtain the prior permission of their parents, guardians or legal representatives to be able to access the services of this website.
  • 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:
    • In any way, is contrary, disparages or violates the fundamental rights and public freedoms recognized constitutionally, in the International Treaties and in the rest of the current legislation.
    • Induce, incite or promote criminal, denigrating, defamatory, violent actions or, in general, contrary to the law, morals, generally accepted good customs or public order.
    • Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition.
    • Incorporate, make available or allow 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.
    • Induce or may induce an unacceptable state of anxiety or fear.
    • Induce or incite to engage in dangerous, risky or harmful practices for health and mental balance.
    • It is protected by the legislation on intellectual or industrial protection belonging to THE ENTITY or to third parties, without the intended use having been authorized.
    • Is contrary to honor, personal and family privacy or people's own image.
    • Constitute any type of advertising.
    • Include any type of virus or program that prevents the normal functioning of the web space.
  • If to access some of the services and/or contents of the web space, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its adequate custody and confidentiality, agreeing not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify the company any fact that may imply an improper use of its password, such as, by way of example, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, as long as the previous notification is not made, THE ENTITY will be exempt from any liability that may arise from the improper use of your password, being your responsibility for any illegal use of the contents and/or services of the web space by any illegitimate third party.

The USER must also refrain from:

  • Make unauthorized or fraudulent use of the website and/or its contents for illegal 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 on the portal.
  • Access or attempt to access restricted resources or areas of the web space, without complying with the conditions required for such Access.
  • Cause damage to the physical or logical systems of the page, its suppliers or third parties.
  • Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
  • Try to access, use and/or manipulate the data of the company, third party providers and other USERS.
  • Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
  • Obtain and try to obtain the contents using means or procedures other than those that, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, of those that are habitually used on the Internet because they do not entail a risk of damage or disablement of the web space and/or the contents.

Based on all of the above, THE ENTITY will not be responsible for the opinions of the USER through any participation tool and reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, which are discriminatory, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety or that, in their opinion, are not suitable for publication.

If the USER does not comply with any of the obligations established in these general conditions of use, it will assume and be liable for all damages that may arise for the company from said non-compliance.
 

5. Exclusion of guarantees and responsibility

All technical data, equipment and images of the products displayed on this website are approximate, are provided for informational purposes only and are not binding. THE ENTITY reserves the right to modify the final appearance, technical characteristics and prices without prior notice, in order to adjust to the constant improvements that may affect the products.

THE ENTITY does not guarantee the absence of mistakes in the content of the website, nor that it is updated, although the intention will always be to avoid, correct or update them.

THE ENTITY does not guarantee continued access, nor the correct viewing, downloading or usefulness of the elements and information contained in the web that may be impeded, hindered or interrupted by factors or circumstances that are beyond its control, despite having adopted all the necessary measures to avoid it.

The service may be interrupted, or the relationship with the USER, immediately resolved, if it is detected that a use of its web space, or of any of the services offered therein, is contrary to these general conditions of use. THE ENTITY is not responsible for damages, losses, claims or expenses derived from the use of the web space.It will only be responsible for eliminating, as soon as possible, the contents that may cause such damages, provided that it is notified. In particular, it will not be responsible for any damages that may arise, among others, from:

  • 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 telecommunications lines and networks, or by any other cause beyond the control of the business.
  • Illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
  • Improper or inappropriate abuse of the web space.
  • Security or navigation errors produced by a malfunction of the browser or by the use of non-updated versions of it. The administrator of the web space reserves the right to withdraw, in whole or in part, any content or information present therein.
 

6. Links or hyperlinks

This website may include links or hyperlinks to other web spaces, managed by third parties and not covered by these conditions, in order to facilitate USER access to the information of collaborating and/or sponsoring companies. THE ENTITY will not exercise any type of control over said third party sites and content.

If you access other websites using the links provided, the operators of those websites may collect your personal information. Make sure you agree with the privacy policies of these third parties before providing any type of information.

In no case THE ENTITY will be responsible for the contents of other websites, nor will it guarantee technical availability, quality, reliability, accuracy, veracity, validity or constitutionality of any material or information registered in said hyperlinks. THE ENTITY also excludes its liability for damages of any kind and nature that may arise from the use of third-party websites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

The USER is granted a limited, revocable and non-exclusive right to create links to the pages of this website. THE ENTITY may request, at any time, to remove any link from its website, after which it must be removed immediately. The web spaces that include a link to our website:

  • They may not falsify their relationship, affirm that such a link has been authorized, or include brands, names, trade names, logos or other distinctive signs of our company.
  • They may not include content that may be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal.
  • You must link to the address of the web space, without reproducing the website as part of your web, within one of its "frames", or create a "browser" on any of the pages of the space.

THE ENTITY cannot control the information, content, products or services provided by other web spaces that have established links to its website.
 

7. Privacy and data processing

To use some of the functionalities and services of our website, the USER must first provide certain personal data. THE ENTITY complies with the guidelines of the current regulations on data protection: Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights and the General Data Protection Regulation 2016/ 679 of the European Parliament and of the Council of April 27, 2016 and undertakes to guarantee the correct use and treatment of the personal data of USERS. So, THE ENTITY will give said data the automated treatment and the corresponding security measures depending on their nature or purpose, as reflected in the Privacy Policy section.
 

8. Cookies

THE ENTITY reserves the right to use "cookie" technology on its website, in order to recognize you as a frequent USER and personalize and improve your use of the page by preselecting your language, or more desired or specific content. The has access to all the information related to COOKIES in the Cookies Policy section.
 

9. Declarations and guarantees

In general, the content and services offered on the website are for informational purposes only. Therefore, when offering them, THE ENTITY does not grant any guarantee or declaration in relation to the contents and services offered in the web space, including, by way of example, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except in to the extent that such representations and warranties cannot be excluded by law.
 

10. Right of exclusion

THE ENTITY reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or by a third party, to those USERS who breach these conditions.
 

11. Dispute resolution. Applicable law and jurisdiction

The USERS eclare that they are aware of and accept the general contracting conditions and the conditions of use of the AUTOMOCIÓNS SAN MARCOS, S.L., website, which are available at their offices located at Lg. A Peroxa, S/N, Lamela, 36.579, Silleda, Pontevedra, at the URL: https://www.ausama.com/ and at the Pontevedra Movable Property Registry. THE ENTITY will ensure compliance with them, as well as the correct use of its portal, and the parties expressly agree to submit to Spanish law any litigation, discrepancy or claim resulting from the contracting carried out, and to the arbitration of the Court of the Association for Commercial Arbitration "TAM" of Pontevedra, within the framework of its Regulations, which is entrusted with the administration of the arbitration and the appointment of the arbitrator or arbitral tribunal, binding itself from now on to comply with the arbitration decision. The electronic documents mentioned are expressly designated as means of notification for all purposes, including those of the arbitration procedure."

In the event that any stipulation of these conditions turns out to be unenforceable or void by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, THE ENTITY will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieve the objective and claim reflected in the original stipulation.

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