THE GENERAL TERMS AND CONDITIONS OF USE OF THE ANDAMIOS-TENDO WEBSITE
Date of the latest update of the GTCU:
The website’s legal notice can be consulted by clicking here.
ARTICLE 1 – PRESENTATION OF THE WEBSITE AND GENERAL PROVISIONS
1.1. These General Terms and Conditions are agreed between the company TENDO, SL with a share capital of 4080 euros, registered at the REGISTRO MERCANTIL DE ZARAGOZA under number B64454705 and POLIG POLÍGONO INDUSTRIAL, C/ LA RIOJA – PARCELA 89/1-2-3.TARAZONA50-ZARAGOZA, and the Users of the website https://www.andamios-tendo.com/, hereinafter referred to as the “Website”, hereinafter referred to as the “Users”, Tendo and the Users being hereinafter referred to as the “Party(ies)”.
The Users are defined as professionals. A professional is defined as “any natural or legal person, public or private, who is acting for purposes relating to his commercial, industrial, craft, liberal or agricultural activity, including when acting on behalf of another professional”.
1.2. The purpose of the Website is:
- to present TENDO’s range of façade scaffolding
- to allow the Users to send requests for information, quotes
- to register in order to receive the latest information and promotional offers
The Website does not allow any products or services to be ordered or paid online.
Tendo shall provide assistance by telephone on +34 976 64 43 01. Users may also contact Tendo by email at email@example.com
Browsing the Website implies full and unreserved acceptance by Users of the rules set out below.
The following general terms and conditions cancel and replace the previous terms and conditions in force. Tendo shall reserve the right to adapt, modify or update these general terms and conditions of use at any time. In any event, the general terms and conditions that apply are those in force on the day of browsing the Website.
Should one of the Parties fail to invoke one of the present terms and conditions at a given time, such failure shall not be considered as a waiver of the right to do so at a later date. The cancellation of a clause of these general terms and conditions shall not affect the validity of the general terms and conditions as a whole.
ARTICLE 2 – DESCRIPTION OF THE WEBSITE’S FUNCTIONALITIES
2.1. Presentation of the TENDO scaffolding range
The Website features Tendo’s range of scaffolding.
Tendo shall endeavour to ensure the accuracy and updating of the information published on this Website and shall reserve the right to modify it at any time and without prior notice.
Any Users wishing to purchase products and/or services presented on the Website is invited to contact Tendo using the contact form or by email firstname.lastname@example.org to obtain information on the availability of the products and/or services concerned, as well as the contractual conditions and prices that shall apply to them.
2.2. Sending a request for information or a quote
The site allows users to make a request via a dedicated form. The requests are stored in order to ensure proper commercial processing.
2.3 Registration to the emailing database
The site allows users to give their consent so that their contact information (name, first name, email address in particular) are stored by the Site and reused for web marketing purposes.
ARTICLE 3 –ACCESS TO THE WEBSITE AND USE OF ITS FEATURES
4.1. The Website can be reached via the following address: « https://www.andamios-tendo.com/ ».
The browsing of the Website by Users is carried out under the Users’ responsibility. Under these conditions, Users shall browse the Website and use the services in accordance with their purpose and in compliance with these general terms and conditions, without infringing public order, good morals or the rights of third parties.
In this context, Users shall be responsible for providing the computer and communication resources required to use the Website and for acquiring the knowledge required to use the Internet and access the Website. Users shall bear the connection and equipment costs associated with access to the Internet and use of the Website, in accordance with the terms and conditions set by their access providers and/or electronic communications operators.
Users shall be responsible for the computer security of their equipment and, in particular, for any loss of data and security flaws that may result from a virus or hacking. Users hereby declare that they aere aware of these risks and accept that Tendo cannot be held responsible for any such malfunctions.
Users are prohibited from:
- Accessing or attempting to access the Website by any means other than those made available by Tendo.
- Sharing, with a third party, any login details (users’ name and password), a third party being any person other than the Users to whom the e-mail address is assigned.
- To disturb, slow down or block access to the networks allowing access to the Website.
- To monitor, scan or test the vulnerability of the Website, of its host or of its network or to violate the security or authentication measures.
3.2. Given the free access to the Website and its functionalities, Users hereby acknowledge that the Website and its functionalities are provided as it is and are accessible without any guarantee of conformity, availability, performance, compatibility or regularity.
Tendo shall endeavour to make the functionalities accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of Tendo and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the Internet network or acts of malicious intent or any damage to Tendo’s hardware or software.
Tendo shall in no case be held responsible for any interruption in functionality, whatever the cause, duration or frequency.
Users acknowledge that the transmission speed of information does not depend on Tendo, but on the inherent characteristics of electronic communication networks and the technical characteristics of the Users’ connection method.
Tendo shall not be held responsible for the use made of the Website and its functionalities by the Users and for any damage that may result for the Users or third parties.
In particular, Tendo shall not be held responsible for the information provided by the Users for the creation and management of their personal account.
3.3. The Website and its functionalities are made available to Users by Tendo free of charge and for an indefinite period.
Tendo shall reserve the right to modify the characteristics of the Website and its functionalities, in particular according to technical or commercial developments. It shall retain full discretion in carrying out any updates.
Given the free access to the Website and the use of its functionalities, Tendo shall be entitled to suspend access and/or terminate access to all or part of the features provided to Users, without prior notice or compensation, as of right.
However, should the Users fail to comply with the GTCU or, more generally, in the event of any violation of the regulations in force, Tendo may automatically terminate, without prior notice or compensation, all or part of the features provided to the Users. Tendo may terminate the contract without prejudice to any damages to which it may be entitled as a result of such failures.
ARTICLE 4 – LIABILITY
4.1 As Tendo does not interfere in the possible relationship between Users and the partner resellers, it shall not assume any liability relating to the contract that may have been concluded between them prior to the registration of the PPE or following the alert and the contact made for its/their verification.
In particular, Tendo shall not be held liable for any claims relating to the quality or conformity of the products or services sold or provided by a partner reseller.
Users are invited to contact the partner reseller to whom they have purchased the products or to whom they have entrusted the performance of the services in question.
4.2 Tendo shall not be held liable if any damage or non-fulfilment results from the misuse of the Website by the Users or from a fault committed by the Users or a third party or due to force majeure.
4.3 Likewise, it is hereby stated that Tendo shall not be held liable for any temporary or permanent damage caused to the User’s mobile terminal or computer, nor for any loss or damage that may be caused, in particular, as a result of accessing or browsing the Website.
4.4 Data transmission via Internet may lead to the emergence of errors and/or to the fact that the Website may not always be available. Therefore, Tendo shall not be held responsible as to the availability and interruption of the online service. Users are reminded that they are advised to protect access to their computer tools with a password and to take out any useful insurance in the event of their loss or theft.
4.5 The Website may contain hypertext links to other websites. Tendo has no control over the accuracy of the information contained therein or its content. Therefore, Tendo shall not be held liable for any damage resulting from the use of, access to, or inability to use the information or content of other websites.
5.6. Whenever Tendo’s liability is incurred as a result of a fault on its part, compensation shall only apply to direct, personal and certain damage caused to Users.
In any event, it is hereby noted that Tendo declines all responsibility for, in particular:
- Damage resulting from a failure by Users to comply with the rules and recommendations of Tendo resulting in particular from these general terms and conditions;
- Malfunctions, inability to access or poor operating conditions of the Website, in particular due to unsuitable equipment, disruptions linked to the Users’ access provider and/or Internet network congestion and/or any other reason linked to a case of force majeure;
- Malicious acts from third parties.
ARTICLE 6 – PROTECTION OF PERSONAL DATA – COOKIES
ARTICLE 7 – INTELLECTUAL PROPERTY
The full content of the Website is the property of Tendoor is used by Tendo with the consent of the holders of the rights involved.
Users acknowledge the exclusive rights of Tendo, in particular its trademarks, logos and copyrights, and shall refrain from using them in any way whatsoever and shall refrain from infringing them in any way.
Any use, in any manner whatsoever, of these trademarks, logos, copyrights and/or any other intellectual property rights is subject to the express prior consent of Tendo or of the holder of the relevant rights.
Any reproduction of all or part of the Website, as well as the creation of hypertext links, is prohibited, unless Tendo gives its express prior consent.
Tendo shall reserve the right to request the deletion of any link to the Website which has not been, or is no longer, authorized and/or which would be detrimental to it.
ARTICLE 9 – DISPUTES
9.1. These general terms and conditions of use are subject to spanish legislation.
9.2. The Parties shall endeavour to find an out-of-court settlement for any disputes that may arise between them regarding these terms and conditions.
If no amicable settlement can be reached, any dispute between Tendo and the User shall be brought before the Court of Zaragoza, to which jurisdiction is explicitly granted in advance, even where there is a third-party appeal or multiple defendants.