- INTRODUCTION AND COMPANY INFORMATION.
This document is established as the Legal Notice and Conditions regulating access, browsing and use of the URLs detailed in the following point and which provide information on goods and services offered by the following companies of REALIA:
REALIA BUSINESS, S.A.
Registered office: Av. del Camino de Santiago, 40, 28050 Madrid
CIF tax identification number: A81787889
Registered in the Commercial Register of Madrid, volume 12.429, page 146, section 8ª, sheet number M-197.745.
REALIA PATRIMONIO, S.L.U.
Registered office: Av. del Camino de Santiago, 40, 28050 Madrid
CIF tax identification number: B84914530
Registered in the Commercial Register of Madrid, volume 23.157, page 160, section 8ª, sheet number M-415.010.
AS CANCELAS SIGLO XXI, S.L.
Registered office: Av. del Camino de Santiago, 40, 28050 Madrid
CIF tax identification number: B86108495
Registered in the Commercial Register of Madrid, volume 28.406, page 188, section 8ª, sheet number M-511.542.
HERMANOS REVILLA. S.A.
Registered office: Paseo de la Castellana, 41, 28046 Madrid
CIF tax identification number: A42000802
Registered in the Commercial Register of Madrid, volume 34, page 52, section 3ª, sheet number M-655.
SERVICIOS ÍNDICE, S.A.
Registered office: Av. del Camino de Santiago, 40, 28050 Madrid
CIF tax identification number: A79109641
Registered in the Commercial Register of Madrid, volume 9.487, page 130, section 3ª, sheet number M-87.961.
Jointly, the above companies will be referred to as “REALIA”.
- PURPOSE AND SCOPE OF APPLICATION.
These General Conditions regulate access to the Content and all Services offered by REALIA on its website and different sites.
Comments on news and articles, blogs, chats and any other element, as well as their use by Users are also included. Nevertheless, REALIA reserves the right to alter the presentation, configuration and content of the Websites and Services, as well as the conditions required for their access and/or use. The access and use of the Content and Services after alterations or changes to the conditions come into effect entail their acceptance.
Likewise, access to certain content and the use of certain services may be subject to certain specific conditions which, depending on the case, will replace, complement and/or alter these general conditions of use, the contradictory terms of the specific conditions taking precedence over the general conditions in the case of contradiction. In this case, the User must closely read the specific conditions created for this purpose, if applicable, by REALIA.
Access, browsing and use of the Websites implies and entails the User’s acceptance of this Legal Notice and Conditions of Use included.
In this sense, the User will be understood as the individual accessing, browsing, using or participating in services and activities, free or for payment, carried out on the Website.
Access to the Content and the use of the Services provided by REALIA on its sites is free, the information and products related with its developments being accessed through direct display or through technical devices of links to other internet websites.
It is prohibited for minors to access the Websites, unless they have the express prior authorisation of their parents, guardians or legal representatives, who will be considered responsible for the actions the minors in their care carry out, in accordance with current regulations. In all cases, it will be assumed that a minor’s access to the Websites has been carried out with express prior authorisation of their parents, guardians or legal representatives.
Access and browsing of the Websites does not require Registration. However, accessing certain products and/or services will require prior registration or identification in the “User/Client/Shareholder Registration” of the Website through the User’s selection of a username and password.
The personal, non-transferrable password must be generated by the User in accordance with the rules of robustness and complexity established at all times by REALIA. The password created by the User will be valid for an unlimited time.
The password will be personal and non-transferrable. The User commits to using their password diligently and keeping it secret, not transferring it to any third party or to REALIA. Accordingly, the User will be responsible for the unlawful use of the Websites by any unauthorised third party who uses a password obtained from carelessness or loss by the User.
By virtue of the above, the User is obligated to immediately notify the managers of the Websites of any event allowing the unauthorised use of usernames and/or passwords, such as theft, loss or unauthorised access to them, in order to proceed to their immediate cancellation. Until these events are communicated, REALIA will be exempt from any liability which may be derived from the unauthorised use of the usernames or passwords by unauthorised third parties.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
The Websites are governed by Spanish law and by national and international legislation on intellectual and industrial property.
The Websites are owned by REALIA, and the intellectual property rights and exploitation and reproduction rights of its pages/sites, screens, the information they contain, their appearance and design, as well as the links/hyperlinks established from it to other websites of any company belonging to Grupo REALIA are its exclusive property unless otherwise specified.
In no case will the User’s access or browsing of the Websites or the use, acquisition and/or contracting of products or services offered through them be understood as entailing a waiving, transfer, licence or full or partial assignment of these rights by REALIA.
© REALIA. All rights reserved. The Intellectual and Industrial Property Rights on the text, the images and other materials (the information) published on this portal belong exclusively to REALIA or are published on it with the authorisation of its owner. The full or partial reproduction, distribution, use or any other exploitation of the Information contained in this document is prohibited without the prior authorisation of REALIA.
- USE OF THE PAGE.
The User commits to using the Services provided by the Websites in accordance with the law and these General Conditions. The User is obligated to refrain from using the Services for illicit purposes or effects, or contrary to the content of the General Conditions.
By using the Services, the User states their agreement with these General Conditions, committing to not using them to slander or insult, or carry out activities which contain false information, whether inappropriate, abusive, harmful, pornographic, threatening, harmful to the public image or private life of third parties, or which in any way violate any law.
In particular, the User commits to the following, including but not limited to: data collection for advertising purposes; sending any kind of online advertising; using the Services provided by the Websites to broadcast, disseminate or offer third parties access to information, messages, graphics, sound or image files, photographs, recordings, software, and in general any kind of material, data or content, which among other aspects:
- engage in activities which are illicit, illegal or contrary to good faith and public order;
- in any way contravene, disregard, or infringe upon the fundamental rights and public freedoms recognised by the constitution or in international treaties and in the rest of the legal system;
- provoke, incite or promote criminal, denigrating, defamatory or violent activity;
- provoke, incite or promote actions, attitudes or ideas which are discriminatory due to sex, race, religion, beliefs or age;
- incorporate criminal, violent or degrading messages;
- provoke or incite involvement in practices which are dangerous, harmful to health and mental stability;
- are false, ambiguous, imprecise, exaggerated or not up to date, which may lead to error with regard to their purpose or the intentions or purposes of the sender;
- are protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorisation for undertaking the use they are making or intending to make from the owner;
- violate the commercial secrets of third parties;
- are contrary to the right to honour, personal and family intimacy or the image of people;
- infringe regulations on secrecy of communications;
- due to their characteristics (such as format, length, etc.) cause difficulties in the normal operation of Services.
- LICENCE ON COMMUNICATIONS.
In the case of the User sending information of any kind to REALIA through the Websites, through the channels established for this purpose, the User declares, guarantees and accepts that they have the right to do so freely, that this information does not infringe any rights on intellectual property, brand, patent, commercial secret or any other third party right, that this information is not confidential and that this information is not harmful to third parties.
The User agrees to assume responsibility and will not hold REALIA responsible for any communication provided personally or on their behalf, this responsibility extending without restriction to its preciseness, legality, originality and owner.
- RESPONSIBILITIES AND GUARANTEES.
Product and price policy: REALIA reserves the right to alter the prices and specifications of products advertised on the Websites, if necessary. Therefore, the information provided on the property activity – homes, premises, warehouses, land, developments, etc. – is merely indicative and of a general nature, being subject to potential changes.
All furniture appearing on the plans, including those of kitchens, are merely decorative.
The areas expressed are approximate, and may be altered in the case of developments, due to technical reasons in the execution of works. (For information, useful area is understood as the area itself; and constructed area is understood to include the proportional part of communal elements).
For the purpose of the above, REALIA states that the information set out on the Websites may be incomplete, not up to date or incorrect, therefore it takes no responsibility, either directly or collaterally, for damages derived from this information. Nevertheless, in order to avoid damages, REALIA recommends checking the information obtained through the Websites in the places specified in each specific case. In particular, to gather all the information referred to in Royal Decree 515/1989 of the 21st of April on protection of consumers regarding the information that must be provided in property sales and leases, the specified development companies must be contacted.
REALIA cannot guarantee the reliability, usefulness or accuracy of the services or the information provided through the Websites, or the usefulness or accuracy of the documentation of events which may be consulted through the Websites.
Accordingly, REALIA does not guarantee or take responsibility for: (i) the continuity of content of the Websites; (ii) the absence of errors in this content or products; (iii) the absence of viruses and/or other harmful components on the Websites or the service which provides them; (iv) the invulnerability of the Websites and/or the impregnability of the security measures adopted on it; (v) the lack of usefulness or performance of the content and products of the Websites; (vi) the damages caused to users or third parties by any individual infringing the conditions, rules and instructions that REALIA establishes on the Websites or through breach of the security systems of the Websites.
Nevertheless, REALIA declares that it has adopted all necessary measures within its ability and the state of the art to guarantee the operation of the Websites and to prevent the existence and transmission of viruses and other harmful components to Users.
If the User is aware of the existence of any content which is illicit, illegal, contrary to the law or which may entail an infraction of intellectual and/or industrial property rights, they must immediately report it to REALIA so that it may proceed to adopt the appropriate measures.
“Realia will take no direct or indirect liability for:
• The quality of the service, the speed of access, the proper functioning, or availability or continuity of functioning of the Site.
• Damage which may be caused to the user's equipment due to using the Site.
• Cases in which a third party, violating the established security measures, accesses messages or uses them to send computer viruses.
• Vices and defects in all kinds of content transmitted, disseminated, stored or made available.
• The legality, reliability and use of the content that users transmit by using the Site or the services offered on it, as well as its veracity or accuracy. Realia does not control the use that users make of the Site, or guarantee that they do so in accordance with the content of this Legal Notice”.
8.1 Links to other Websites.
In case of the User finding links to other websites on the Websites through different buttons, links, banners, etc., these will be managed by third parties. REALIA does not have the authority or human or technical measures to be aware of, monitor or approve all information, content, products or services provided by other websites to which links may be established from the REALIA Websites.
Accordingly, REALIA cannot assume any responsibility for any aspect related with the Web page to which a link may be established from any of its Websites, their operation, access, data, information, files, quality or reliability of their products and services, their links and/or any of their other content in general.
In this sense, if Users have effective awareness of the unlawfulness of activities carried out through these third party Web pages, they must immediately report it to REALIA for the purpose of proceeding to disable the link to it.
The establishment of any kind of link from a REALIA Website to another external Website will not imply that there is any kind of relationship, collaboration or dependency between REALIA and the party responsible for the external Website.
8.2 Links on other Web pages to the Websites.
If any User, entity or Website wishes to establish any kind of link to the REALIA Websites, it must adhere to the following stipulations:
- The link may only lead to the Main or Home Page of the Website, except with the express written authorisation of REALIA.
- The link must be absolute and complete, that is, it must lead the User, through a click, to the URL address of the Website and must fully cover the whole screen of the Home Page of the Website. In no case, except with the express written authorisation of REALIA, may the Website making the link reproduce, in any way, the Website, including as part of its Website or within one of its “frames” or create a “browser” on any of the pages of the Website.
- The page establishing the link cannot declare in any way that REALIA has authorised the link, unless REALIA has done so expressly and in writing. If the entity making the link from its page to the Website wishes to include the brand, name, commercial name, sign, logo, slogan or any other identifying element of REALIA and/or the Website on its page, it must first have express written authorisation.
- REALIA does not authorise the establishment of a link to the Website from pages which contain material, information or content which is illicit, illegal, degrading, obscene, or which in general contravenes morality, public order or generally accepted social norms.
- PERSONAL DATA PROTECTION POLICY.
s9.1. The personal data you provide through the REALIA websites or through any related website will be processed in accordance with the following specifications:
Data Controller. The companies of REALIA identified in Point 1 of the Legal Notice.
Purposes of the processing.
- Management of users of the websites.
- Management of the services offered through each website and, if applicable, the management, development and fulfilment of the relationship established between REALIA and those who provide their personal data through the websites (clients, potential clients, shareholders and in general any individual using the online channel to request information of any nature from REALIA).
- Management of queries received through the websites from users, both registered and unregistered.
- Sending advertising and commercial information, through different channels, including electronic channels, on the company, its activities, competitions, products, services, offers and special promotions, as well as documentation of a varied nature and through different commercial information channels of the company, when the interested party expressly consents to it.
Legitimacy and preservation of information.
The legitimacy for the processing of your data is based on:
- Consent of the interested party, shown through checking the box accepting the Legal Notice.
- Legitimate interest of REALIA in processing data for the purpose of direct marketing.
The data will be preserved during the relationship between the interested party and REALIA, while no opposition is communicated, and, in any case, during the legally applicable periods.
Recipients of transfers.
The companies of GRUPO REALIA identified in point 1 of the Legal Notice, for the purposes of providing comprehensive control and management of users of the websites and queries asked by them, as well as for the sending of information to users on products and services exclusively related with the activity sector of each of them.
Rights of the interested parties.
The interested parties may exercise their rights of access, rectification, deletion, portability, limitation and opposition by writing to the Data Controller at the registered office in Av. del Camino de Santiago, 40, 28050 de Madrid, indicating “exercise of data protection rights” and attaching a copy of their identification document, or by writing to the email address firstname.lastname@example.org, with the reference “Data protection”.
9.2. You guarantee that the data provided is true, precise, complete and up to date, being responsible for any direct or indirect damages which may arise as a result of non-compliance with this obligation. In the case of the data provided belonging to a third party, you guarantee that you have informed this third party of the aspects contained in this document and have obtained their authorisation to provide their data to REALIA for the indicated purposes.
9.3. When the personal data is collected through forms, it will be necessary for you to provide at least the data indicated, as if this data considered necessary is not provided, REALIA will not be able to accept or manage the online service or query asked.
9.4. In response to REALIA’s concern for guaranteeing the security and confidentiality of your data, the required levels of security have been adopted for personal data protection, and technical measures available to it have been installed to prevent the loss, misuse, alteration, unauthorised access and theft of personal data provided through the websites of REALIA.
9.5. In accordance with Law 34/2002 of the 11th of July on Information Society Services and Electronic Commerce, in the case of you wishing to not receive electronic commercial communications from REALIA in the future, you may express this wish by sending an email to the email address email@example.com or in writing by post to Av. del Camino de Santiago, 40, 28050 Madrid, Tel. 913534400 or Fax 913534417.
- DURATION AND ALTERATION.
REALIA may fully or partially alter the terms and conditions stipulated here, publishing any change in the same form as this Legal Notice or through any kind of communication to Users.
The temporary validity of this Legal Notice therefore coincides with its display time, until it is fully or partially altered, at which time the altered Legal Notice will take effect.
Regardless of the specific conditions, REALIA may terminate, suspend or interrupt access to the content of the page at any time and without need for prior warning, without the User being able to demand any compensation. After this termination, the prohibitions of use expressed above in this Legal Notice will remain in effect.
11.1. The headings of the different clauses are merely informative and will not affect, qualify or extend the interpretation of the Legal Notice.
11.2. In case of their being a discrepancy between the content of this Legal Notice and the specific conditions of each specific service, the latter will take precedence.
11.3. In the case of any provision or provisions of this Legal Notice being considered fully or partially null or inapplicable by any Court, Tribunal or competent administrative body, this invalidity or non-application will not affect the other provisions of the Legal Notice.
11.4. The non-exercise or execution by REALIA of any right or provision contained in this Legal Notice will not constitute a waiving of it, unless with its written acknowledgement and agreement.
The relationships established between REALIA and the User will be governed by current regulations on applicable legislation and competent jurisdiction. Nevertheless, for cases in which regulations establish the possibility of parties subjecting themselves to a jurisdiction, REALIA and the User, expressly waiving any other jurisdiction which may correspond to them, will subject any dispute and/or litigation to the Courts and Tribunals of the city of Madrid.