Legal

Legal notice and general terms of use

This is a translation of the original Spanish text, provided for information purposes. In the event of any discrepancy, the Spanish version shall prevail.

1. INTRODUCTION AND IDENTIFICATION OF THE OWNER

This website is owned by CHARMEX INTERNACIONAL, S.A.U. (hereinafter CHARMEX), with registered office at Calle Maresme 103-105, 08019 Barcelona, tax ID (CIF) number A-60.363.355, whose business is “the wholesale of audiovisual products, including, by way of example and without limitation, the sale of projectors, LEDs, monitors, large LED displays, mounts and connectivity, together with an after-sales and customer maintenance service, among other services”, registered at the Barcelona Companies Register, volume 26,035, folio 1, General Section, sheet B 97.041, Province of Barcelona, entry 1, owner of the website www.traulux.net, which governs the use of the Internet portal service www.traulux.net, made available to its users (hereinafter the Websites), which is made available to its users.

2. DESCRIPTION OF THE ACTIVITY

Through this website, www.traulux.net wishes to educate and inform you about the management and sale of audiovisual products offered by CHARMEX, and to offer you the best services in these areas.
This website is aimed at our customers, subscribers, candidates, employees, suppliers, partners and prospective customers, as well as at all users who consult the website (hereinafter all referred to as the USER).
Should you have any questions about these General Terms, you can contact us through the following websites: www.traulux.net.
Set out below are the General Terms of Use (hereinafter the GENERAL TERMS) that will govern the relationship between the user who purchases and uses, through the technology platform accessible via its mobile application or the website www.traulux.net owned by CHARMEX (hereinafter CHARMEX), any of the products and/or services offered on the website, and the party responsible for it.
For the purposes of these GENERAL TERMS, a user is anyone who purchases the use of CHARMEX products and/or in any way uses the SERVICES offered on the platform or the portal (hereinafter the USER).

3. ACCEPTANCE OF TERMS AND USE OF THE SITE

Use of this website is governed by the following General Terms of Use (hereinafter the GENERAL TERMS). Please read them carefully, since accessing this website and using its contents implies full acceptance of them.
Access to this website and to the information it contains is entirely free of charge, without prejudice to the cost of the telephone connection and of the means used to establish the connection.
However, this website also provides information about various products that may be purchased by contacting CHARMEX; these will be supplied in accordance with the particular terms agreed between the parties (hereinafter the PARTICULAR TERMS).
By accepting this agreement, you declare:

  1. That you are of legal age and/or have the capacity to enter into contracts in accordance with the general contract law of the State in which you reside. In this regard, the User declares that they are of legal age and have sufficient legal capacity to be bound by these terms, and expressly accepts, without exception, that access to and use of this website, its services and the contents of those services take place under their sole and exclusive responsibility.
  1. That you have previously read, understand and accept the GENERAL TERMS, the PRIVACY POLICY and, where applicable, the PARTICULAR TERMS.

Use of the portal and reading of the general terms set out below imply the user's full and express acceptance of them, and the user assumes full responsibility for any total and/or partial breach of the provisions of these clauses and for any legal and/or judicial action that may arise as a result of such breach.
CHARMEX reserves the right to amend these general terms of use in order to bring them into line with the company's corporate activity, with the legislation in force at any given time, with case-law developments and/or with customary market practice.
If the user does not agree with these general terms and contents, they must leave the Website, in which case they will not have access to the products, activities and services offered by CHARMEX.
The products and services offered by CHARMEX are constantly evolving in line with the new products that come onto the market and are offered by CHARMEX to its customers, and with the development of new tools that add value to CHARMEX.
The up-to-date GENERAL TERMS, PARTICULAR TERMS, PRIVACY POLICY and COOKIE POLICY will be available at all times on the website of the party responsible for CHARMEX at the following addresses: www.traulux.net
The USER shall be deemed to accept such amendments from the moment they continue to use the CHARMEX website to purchase any of the products offered by the company.
The use of certain services offered to USERS may be subject to their own particular terms which, as the case may be, replace, supplement and/or amend these GENERAL TERMS. Likewise, offers of new products and/or any of the services offered may be subject to particular terms that CHARMEX may establish from time to time. Such terms may supplement, amend or replace the General Terms, as the case may be. Therefore, before using such services, the USER must carefully read and accept the corresponding particular terms specific to each offer, product and/or service (hereinafter the PARTICULAR TERMS), which will be published through the same channels as the GENERAL TERMS.
Likewise, registration as a registered user or as an authorised distributor necessarily entails access to and processing of the information that the USER enters on the CHARMEX portal; it may therefore involve access to and processing of the USER's personal data by the party responsible for CHARMEX, which will be carried out in accordance with the PRIVACY POLICY.
Taking part and registering as a registered user and/or distributor, as well as taking part in the events and/or activities organised by CHARMEX on the various Websites, implies the USER's full acceptance of the provisions contained in these GENERAL TERMS, the PRIVACY POLICY and, where applicable, the PARTICULAR TERMS, in the versions published at the time the USER registers on the company's website to purchase the products and/or request the services online or in person at our shops and/or offices and/or through our sales representatives.
If the USER does not agree with the provisions of the aforementioned terms, they may not register as a registered user and/or distributor on the website and may not purchase the products and/or services offered by CHARMEX.
Likewise, if the USER does not agree with any of the amendments made to the GENERAL TERMS, the PRIVACY POLICY and, where applicable, the PARTICULAR TERMS, they must stop using the Website and may not register as a registered user, distributor and/or customer, nor take part in the events and/or activities, since purchasing and using them implies acceptance of the GENERAL TERMS, the PRIVACY POLICY and, where applicable, the PARTICULAR TERMS at the time of such use

4. AMENDMENT OF TERMS

The information on this website and the products, activities and services offered are constantly evolving and developing in order to provide the best possible experience and value.
Whenever something is changed that involves a change to the GENERAL TERMS, the PARTICULAR TERMS and/or the PRIVACY POLICY, that change will be made and the documents will be published and updated accordingly; it is therefore recommended that you read all of them periodically and, above all, before completing any purchase.
The up-to-date GENERAL TERMS, PARTICULAR TERMS and/or PRIVACY POLICY will be available on this website at all times.
The USER of this website shall be deemed to accept such amendments from the moment they continue to use it and/or to purchase and/or contract the products, activities and services offered by the company.

5. PRODUCTS AND SERVICES PROVIDED BY CHARMEX

The Website is a website conceived and created by CHARMEX to provide its services and to manage and sell audiovisual products. Specifically, the websites and web platforms, with their products and services, are the following:

6. PURCHASING CHARMEX PRODUCTS AND SERVICES

Initial use of or browsing on the Website does not require prior subscription or registration. However, any Distributor wishing to purchase CHARMEX products and services must request this from CHARMEX, which will inform them of the steps to follow.
During the purchase and/or registration process, the USER must:

  • Confirm that they are of legal age and/or have the capacity to enter into contracts in accordance with the general contract law of the State in which they reside.
  • Be aware of and indicate whether they have read and accept the PRIVACY POLICY, the GENERAL TERMS and PARTICULAR TERMS, and the TERMS OF PURCHASE, where applicable.
  • Indicate whether or not they wish to receive commercial communications and promotional information from CHARMEX.
  • Have the legal capacity to purchase the services offered on the Website. Be at least eighteen (18) years of age. Be resident in Spain and access the Website from that country. Declare that they agree to be bound by this agreement and fully understand and accept the terms set out herein for using the Website and purchasing the services offered on it

It is important that the USER reads these sections carefully, since they contain relevant information about their rights, about how their personal data, and the personal data for which the USER is responsible, are processed and obtained, and about the rules that govern and bind the use of CHARMEX and the relationship between the USER and CHARMEX.
A USER wishing to contact CHARMEX must provide the following details:

  1. First name.
  2. Surname.
  3. Company
  4. Address
  5. Town/city
  6. Country
  7. Telephone
  8. Email
  9. Message

For distributors, the following details will be required:

  1. First name.
  2. Surname.
  3. Company
  4. Department
  5. Position
  6. Address
  7. Town/city
  8. Country
  9. Telephone
  10. Email
  11. Message
  12. Billing details for issuing the invoice
  13. Username and password

Once the USER has confirmed that they wish to register or sign up as a distributor and regular customer of CHARMEX, they will be sent an email confirming their registration on the company's website and the possibility of placing orders through the website. We also recommend reading the general terms of sale set out on the portal for further information on the procedure for purchasing products and acquiring services
Purchasing CHARMEX products and services entails acceptance of the financial terms, prices, rates and payment terms agreed for each product/service and/or according to the services purchased. We therefore ask you to read carefully the terms set out on the portal.
Confirmation of the purchase shall take effect once payment has been made and its correct receipt confirmed, which shall constitute the completion of the purchase of the products and/or services, with CHARMEX being bound to fulfil them with the same effect as a signature on paper and/or in electronic form.

7. TERM AND VALIDITY OF THE TERMS OF USE

These GENERAL TERMS and, where applicable, the PARTICULAR TERMS shall enter into force on the date on which this agreement between the USER and the OWNER is completed and shall end on the day the user ceases for a period of time to purchase CHARMEX products and/or services or cancels their registration as a registered user/customer/distributor.

8. PLATFORMS AND SOCIAL MEDIA

Should you contact and/or register with CHARMEX through another social media account and/or third-party platform such as, by way of example and without limitation, Facebook, Twitter, LinkedIn and YouTube, among others, the USER acknowledges and expressly consents to CHARMEX accessing and using the information contained in that profile, thereby accepting not only the third party's terms and privacy policies but also those of CHARMEX.
Should the user share, publish and/or promote the CHARMEX website on another social media platform or with third parties, the user agrees to comply with all the terms of use, policies and guidelines laid down by the relevant social media platform or third party in relation to such content. The User also agrees to be solely responsible for any claim that may arise from sharing or publishing any content on any social media platform or with third parties.
Social media and third-party platforms are not partners or representatives of CHARMEX, and the latter shall not be liable for the acts or omissions of such platforms in relation to your respective account.

9. HYPERLINKS

Where www.traulux.net refers by means of links to advertising or to third-party WEBSITES, CHARMEX. is under no obligation to monitor, and does not monitor in advance, approve or endorse the services, contents, data, files, products and any kind of material or information on the third-party WEBSITE(S), and therefore CHARMEX. shall not be liable, under any circumstances, for the legality of the contents of such website(s); compliance with the law, public morals and public order, the contents, and ensuring that they do not infringe the rights of third parties, by way of example and without limitation, are the sole responsibility of the third party. The existence of a hyperlink does not imply any kind of relationship between CHARMEX and the owner of the WEBSITE on which it is placed.
Users or third parties intending to set up a hyperlink to www.traulux.net must ensure that the hyperlink only allows access to the pages or services of www.traulux.net and does not, by way of example and without limitation, reproduce contents, create deep links or browsers, or make inaccurate or incorrect statements about the contents or the WEBSITE of www.traulux.net. Except for those signs that form part of the hyperlink, the user shall ensure that the WEBSITE on which the hyperlink is placed does not contain trademarks, trade names, shop signs, names, logos, slogans or any other kind of distinctive sign belonging to CHARMEX.

10. ESSENTIAL OBLIGATIONS OF THE USER.

A user is understood to be any natural or legal person who accesses the portal and any of its internal sections in order to:

  • View, glance at, explore, search or consult its contents.
  • Contact the company to request its products or services and/or information about its products and/or services.
  • Sign up to the company's Newsletter to receive news and commercial advertising.
  • Leave comments on the website about new products that are published on the website and/or sold to consumers.
  • Take part by commenting on the blog and news items that appear on the portal
  • Take part in the events, congresses, conferences and tours organised by CHARMEX to sell its products and/or promote its services.

Every USER, from the moment they begin to use the website and/or purchase any of the products and/or services offered on it, undertakes towards third parties and towards CHARMEX to comply with the following essential obligations:

  1. To use the website without engaging in illegal or unlawful actions, or actions contrary to the provisions of the GENERAL TERMS, the PRIVACY POLICY and, where applicable, the PARTICULAR TERMS and their updates.
  1. Not to damage, disable, overload or impair the website, or prevent its normal use or enjoyment.
  1. Not to make any attempt to breach access levels, improperly manipulate data, duplicate or export data or information protected by intellectual property or other legal rights, attempt to access restricted areas of the computer systems of CHARMEX or third parties, or introduce programs, viruses or any other device that causes or may cause changes to the computer system of CHARMEX or of third parties.
  1. Not to be unaware of the technical and legal requirements necessary for proper access to this website and, where applicable, for purchasing the products and/or services, which may involve downloading certain computer programs or other logical elements onto their devices.
  1. Not to use, link to, disclose, transfer or transmit to third parties in any form the contents published on the website, or any part of them, or the information of CHARMEX, without the prior express written authorisation of CHARMEX.
  1. Not to damage the image of CHARMEX in any way, nor carry out any activity or make any comment that could harm the image and good name of CHARMEX.
  1. To read, understand and, if in agreement, accept the GENERAL TERMS, the PRIVACY POLICY and, where applicable, the PARTICULAR TERMS and their updates and, more specifically, the LINKS AND/OR COOKIE POLICY of CHARMEX.
  1. The user undertakes to use the portal and the services in accordance with the law, the general terms, the particular terms of certain services and any other notices, rules of use and instructions brought to their attention, as well as with generally accepted morals and good practice and public order.
  1. The user undertakes to make proper use of the services and/or contents of the portal and not to use them to carry out unlawful or criminal activities that infringe the rights of CHARMEX and/or third parties and/or that breach the regulations on industrial and intellectual property or any other rules of the applicable legal system, whether of CHARMEX or of third parties.
  1. Since this is a private application, the user undertakes not to send promotional and/or advertising messages and/or content to other users without the express authorisation of the user and/or of CHARMEX
  1. The user may not deliberately obstruct other users' access to the portal through the massive consumption of the portal's telematic resources, nor carry out actions that damage, interrupt or cause errors in those systems
  • The user may not send or forward chain messages, pyramid schemes or illegal multi-level marketing.
  1. The user may not deliberately introduce programs, viruses, macros, applets, controls, ActiveX or any other logical device or sequence of characters that causes or is likely to cause any kind of alteration, reduction in functionality and/or speed, or destruction of the computer or telecommunications systems, software and hardware of the portal, of CHARMEX and/or of third parties. The user is also prohibited from accessing the systems by automated means (such as harvesting bots, robots, spiders or scrapers) without the authorisation of CHARMEX.
  • Access and identification credentials are personal and non-transferable, and are the responsibility of each user. The user shall be solely responsible for choosing strong passwords that are difficult to guess, for example a combination of numbers and letters, punctuation marks and special characters. In this regard, the user shall avoid choosing common words, words related to themselves, dictionary words or words that are easy to guess. Consequently, each user is solely and exclusively responsible for their credentials and releases CHARMEX from any liability for their loss or improper use by third parties without consent, undertaking not to transfer their use nor allow unauthorised access by third parties, and thereby assuming full liability for any damage that such unauthorised use by third parties may cause. In the event of the password being lost, stolen and/or mislaid, the user undertakes to notify CHARMEX immediately.
  • Any user whose service and account have been suspended is strictly prohibited from opening a new account without the permission of CHARMEX.
  1. The user may not deliberately obstruct other users' access to the portal through the massive consumption of the portal's telematic resources, nor carry out actions that damage, interrupt or cause errors in those systems.
  1. When registering, the user/distributor must provide truthful and accurate details and keep them up to date
  1. The user undertakes not to use false identities or impersonate any third party

11. INTELLECTUAL PROPERTY, IMAGE RIGHTS AND THE COMPANY'S INTELLECTUAL PROPERTY RIGHTS

This website, its contents and its distinctive signs are protected by Spanish and international intellectual and industrial property laws, and all such rights belong exclusively to CHARMEX, their use and exploitation being reserved.
The reproduction, distribution, public communication, transformation and/or making available to the public and, in general, any other form of exploitation, by any means, of all or part of the contents of this website, its design, and the selection and presentation of the materials included in it, as well as of the trademarks and trade names included on the website, is prohibited. Such acts of exploitation may only be carried out with the prior express written authorisation of CHARMEX and provided that explicit reference is made to CHARMEX's ownership of the aforementioned intellectual and industrial property rights.
Through the use of the website and/or the purchase of the services, the USER does not acquire any rights over them and may simply use them as agreed in these GENERAL TERMS and/or, where applicable, the PARTICULAR TERMS.
Should the USER detect any activity liable to infringe any intellectual or industrial property right or any other kind of right, please notify us by sending a communication to the following email address: gdpr@charmex.net.
The contents, elements and information that the user may access through the Portal are subject to and protected by the rules on Industrial and Intellectual Property, including the trademarks, trade names, legends, graphics, logos, patents and copyright, which belong exclusively to CHARMEX and/or to the owners of the brands sold by CHARMEX and are protected by national, EU and international legislation on Industrial Property.
The user undertakes not to remove, modify, plagiarise or alter any distinctive sign, trademark, trade name, legend, graphic or logo. The user accepts that access to the portal and its contents does not grant them any right over their ownership, nor to alter or modify them, nor to exploit, misappropriate or market them, nor to carry out any act of denigration, confusion, or taking advantage of reputation, or any act of unfair competition that infringes the industrial property rights of CHARMEX and/or of third parties and/or of third-party brands that appear on the portal.
The contents, designs, product designs, photographs, drawings and illustrations on the portal belong exclusively to CHARMEX and are protected by the applicable national and international legislation. The user acknowledges that the intellectual property rights of CHARMEX are protected by the rules laid down for Intellectual Property.
The user acknowledges that none of the rights set out herein are assigned to them and undertakes not to exploit, reproduce, publicly communicate, distribute or decompile them. Any action contrary to these rights shall be the responsibility of the user, who shall be solely liable towards third parties and shall answer for any legal or judicial action brought as a result of their breach.
Accordingly, the user undertakes to use this information exclusively for their own needs, for reference or assistance, and not to carry out, directly or indirectly, any commercial exploitation of the services or the content, or any other action that affects the industrial or intellectual property rights of their owner and/or of third parties, including, by way of example and without limitation, suppliers, customers and/or partners of CHARMEX, among others.
The user also undertakes not to suggest to or incite third parties or third-party competitors of CHARMEX to carry out actions prohibited by law or acts of unfair competition that hinder the company's positioning, that create confusion or association, that discredit its image, trademark or trade name, that generate contempt, or that consist of comparative acts intended to obstruct the establishment, development and proper evolution of CHARMEX in the marketplace.
Nor shall the user use the distinctive signs to carry out commercial actions for their own benefit or that of others.
The user shall refrain from carrying out acts contrary to morals or public order, as well as acts that violate dignity, honour, image, or personal or family privacy, or that are unlawful or contrary to morality and good practice.
Liability for prohibited or unlawful actions shall rest exclusively with the user, who undertakes to hold CHARMEX harmless against any judicial or extrajudicial action brought as a result of their acts. The user undertakes and is responsible for ensuring compliance and for extending these obligations to all persons authorised by the user to make use of their restricted access to the portal.
Likewise, the design of the frames, banners, software, source code and its various codes belong exclusively to CHARMEX, which legitimately holds the exploitation rights over them. Accordingly, the user may not dissect the software or any technical and/or computer element for study, decompile it and/or analyse the source code in its original language in order to translate it into the same or another code or language.
Only the viewing and loading of the contents for the user's personal use is authorised, and doing so for commercial purposes is prohibited.
Furthermore, no link may be established between the Portal and any other portal without the express written authorisation of CHARMEX.

12. ACTIONS TAKEN BY CHARMEX TO MONITOR AND ENSURE THE PROPER FUNCTIONING OF THE PORTAL

CHARMEX will continuously monitor, moderate and manage the content of the portal and may ensure that the provisions set out in these rules are complied with.
Likewise, should the breach of these rules be extremely serious and/or repeated and recurrent, CHARMEX reserves the right to cancel and annul the user's registration or access as a user.
CHARMEX may delete contents and information that it considers to be in breach of the rules or in breach of any provision laid down in these terms of use.
In addition, CHARMEX, reserves the right to bring the appropriate legal action against anyone who breaches the rules or infringes the rights of CHARMEX, including damage caused to CHARMEX.
CHARMEX has set out the rules for the proper use of the contents and has adopted all the necessary security and privacy measures to prevent the manipulation of the contents by third-party users, such as suspending the service of anyone who fails to comply with the portal's usage policy and/or cancelling their account. However, even though all the necessary technical and technological means are deployed, CHARMEX shall not be liable for actions committed by users or by other third-party users, whether registered or not

13. USERS' LIABILITY

Likewise, the user accepts without reservation all the terms set out on the portal and shall be liable for any improper, irresponsible, negligent, culpable or wilful misuse of the information content, and shall bear the consequences and liabilities arising from any legal or judicial action brought as a result of their actions
Likewise, CHARMEX shall not be liable for any infringement of intellectual property rights, industrial property rights, image rights or any other right committed by third-party users or third parties unconnected with the portal.
The user accepts that, whatever the use made, they undertake not to sue, nor to initiate proceedings or legal claims, and unconditionally exempts, releases and undertakes to hold CHARMEX harmless from all judicial or extrajudicial claims, liabilities, risks, suits, actions, causes of action, costs and expenses of any kind, at law or in equity, known or unknown, anticipated or unanticipated, suspected or unsuspected, which they now have or may at any time have, arising from their actions or the actions of third parties.
The user undertakes and is responsible for ensuring compliance and for extending these obligations to all persons authorised by the user to make use of the contents

14. LIABILITY OF CHARMEX

CHARMEX will endeavour at all times to provide the service to the highest possible quality. Notwithstanding the above, we decline all liability arising from failures, interruptions or damage caused by system breakdowns, interference or disconnections, or by the malfunctioning of the portal service.
Likewise, CHARMEX declines all liability and/or assumption of damage or loss, of any kind or nature, arising from the unlawful actions of third parties by any means or from the improper or inappropriate use of the website by users, and in any event CHARMEX shall not assume any liability for the actions or negligence of parties other than itself that may or may not affect, directly or indirectly, the servers and other computer equipment of the USER or of third parties.
The USER agrees to indemnify and hold harmless CHARMEX, its subsidiaries, affiliates, directors, partners and/or employees from any claim or suit, including lawyers' fees, brought by third parties as a result of the improper or unauthorised use of the website and/or the services offered by the USER, or of the USER's breach of the GENERAL TERMS, the PARTICULAR TERMS, where applicable, and/or the PRIVACY POLICY, as well as of any breach of legislation or of any right.
CHARMEX cannot guarantee the absence of viruses or other harmful elements that could affect the USER's equipment; the USER must therefore take measures to avoid such possible risks, having regard to the current state of telecommunications.
CHARMEX shall not be liable for interruptions to the website caused by force majeure or by circumstances beyond its control.
Likewise, CHARMEX may temporarily interrupt access for security reasons or in order to restructure its computing resources, with the aim of improving the service of the website.
CHARMEX merely provides the USER with the information published on the website. The USER is therefore solely responsible for the correct use of that information and for ensuring that such use is in accordance with the GENERAL TERMS, the PARTICULAR TERMS, where applicable, and the PRIVACY POLICY.
If the USER is not satisfied with the use of the website, its contents or services, or with any part of these GENERAL TERMS, the PRIVACY POLICY and/or the PARTICULAR TERMS, their sole and exclusive remedy shall be to stop accessing the website and/or using its services.
Likewise, CHARMEX shall not be liable for any of the following:

  1. Proper functioning and continued availability: CHARMEX shall not be liable for failures in the functioning of the portal, nor for the interruption, delay, slowness, loss or disconnection of communications and of the transmission of messages. CHARMEX does not guarantee, and is not responsible for, the continuous, constant and uninterrupted functioning and operation of the portal.
  1. Liability for damage to the user: CHARMEX shall not be liable, whether indirectly or secondarily, for damage of any kind caused to the user as a result of the presence of viruses or other elements in the contents and services provided by third parties that may cause alterations to the system contained on the portal. Nor shall it be liable for damage caused to the user by failures and errors in access, connections or transmissions, by interruption of the service without just cause, by intrusions, computer viruses or mass advertising mailings, or where the aforementioned causes are due to situations unconnected with the portal, such as defects in the user's computer, a deficient connection, viruses on the user's computer, slowness and problems in the user's communications with telephone operators, and/or where they are due to force majeure.
  1. Liability for contents: CHARMEX does not guarantee the quality, accuracy or reliability of the data, programs, information and opinions, whatever their origin, that circulate on the portal. The user assumes, under their sole responsibility, the consequences, damage or actions that may arise from accessing such contents.
  1. Liability for third parties: CHARMEX shall likewise not be liable for acts carried out by third parties outside the system who, by breaching the security measures, carry out acts against users such as sending computer viruses, mass advertising or spam, commercial emails, interrupting the service or accessing messages.
  1. Force Majeure: CHARMEX shall not be liable for any failure or delay in the performance of any of its contractual obligations caused by events beyond its control and will (force majeure). Force majeure shall mean any unforeseeable and exceptional situation or event, or one beyond the control of the contracting parties, and in particular (without limitation) the following: strikes, lockouts or any other collective action, civil commotion, riots, invasions, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or threat of war, fire, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters; the impossibility of using public or private telecommunications networks; and the laws, decrees, regulations or restrictions of any government.
  1. CHARMEX undertakes and confirms that it has adopted all technical, organisational and legal measures to ensure the security of communications, both in terms of secure connections and in terms of the protection of personal data. What CHARMEX cannot ensure or guarantee, and for which it therefore disclaims all liability, is the total invulnerability of its security system or the inviolability of communications. Nor shall CHARMEX be liable for any damage that viruses in the contents may cause and that may bring about alterations to the computer system (the user's hardware and software).
  1. Nor shall CHARMEX be liable for damage that may arise from force majeure, fortuitous events or events not attributable to the company. Nor is it liable for the inadequate functioning of the portal for reasons beyond its control, such as, by way of example and without limitation, the malfunctioning of telephone operators, incorrect configuration of the portal by the user, or the insufficient capacity of the user's computer system to support the content and extent of the information displayed on the portal. Nevertheless, CHARMEX undertakes to exercise the utmost diligence in resolving technical problems, remedying them or helping the user to resolve them.
  1. Nor shall CHARMEX be liable for the accidental deletion of all or part of the material on the portal where its recovery is impossible or very costly, such that it ultimately cannot be carried out; users are therefore advised to keep backup copies of their contents.
  1. The portal has been designed to support browsers such as Firefox, Chrome, Explorer, Opera and Safari. CHARMEX shall not be liable for any damage that may be caused to other users by the use of other browsers or of different, non-original versions of the browsers used in the design of the portal, or by failing to keep browsers sufficiently up to date.
  1. CHARMEX advises that communications over networks are not secure. It is therefore up to the user to take all necessary measures to control these risks and avoid viruses that could not only damage the equipment of this portal and of the user, but could also lead to the theft of confidential information belonging to the user and/or third parties. To this end, the user must have up-to-date antivirus software for the detection of malicious software such as viruses, Trojans and other harmful elements.
  1. Nor shall CHARMEX be liable for minors accessing the content of the Website; it is the responsibility of their parents, guardians and legal representatives to exercise appropriate control over the activity of the children or persons in their care, for example by installing systems to control minors' access to certain Websites.

15. Nor shall CHARMEX be liable for communication failures or incomplete transmissions.

16. AMENDMENTS, SUSPENSION OF THE SERVICE AND TERMINATION OF THE SERVICE

  1. Amendments: CHARMEX reserves the right to make, at any time, such changes to the portal as it deems appropriate, organising, removing or adding contents, data or services. Such changes will be made unilaterally and without prior notice. With regard to the terms, CHARMEX reserves the right to amend or alter them and/or draft new clauses in line with the new activities, products and/or services into which it expands, or in order to adapt to new rules and legislation as they emerge. Such amendments shall only be binding from their entry into force and shall apply to the user from the moment they access the portal.
  1. Suspension of the service: CHARMEX reserves the right to suspend the service unilaterally and without prior notice, or to deny access to the portal, temporarily or indefinitely, to any user who breaches these terms or carries out illegal or unlawful acts, or acts contrary to the law, public order or good practice.

17. DURATION, TERMINATION AND CANCELLATION

The provision of the portal's services and its operation are, in principle, of indefinite duration. However, CHARMEX may temporarily suspend the service or terminate it definitively at any time, without prior notice.
In the event of unilateral termination of the service or forced removal from the portal, CHARMEX will inform you in advance of the reasons for the termination and of the grounds on which its decision is based. In all such cases, no compensation or liability may be claimed from CHARMEX.

18. NOTICES AND PROCEDURES

CHARMEX may send communications to the user by post to the user's address, by email, by telephone call or by any other public means of dissemination, provided that this information has been duly brought to the attention of CHARMEX.
In this regard, all notices sent by CHARMEX to the user shall be deemed validly served if they have been made using the details and means indicated above. To this end, the user declares that all the details provided are true, accurate, correct and truthful, and undertakes to notify CHARMEX of all future changes, updates and modifications to their contact details for notices.
All notices and communications sent to CHARMEX by the user shall be deemed effective, for all purposes, when addressed to CHARMEX, in any of the following ways:

  1. By post to the following address: Calle Maresme 103-105, 08019 Barcelona.
  1. By email to: gdpr@charmex.net

19. SEVERABILITY OF THE TERMS.

The annulment or declaration of invalidity of any of the clauses of these terms shall under no circumstances entail the termination or invalidity of the terms as a whole, and the remaining clauses that have not been declared void shall remain in force and in full effect.
Each of the stipulations in these clauses shall be interpreted separately and independently of the others
If any clause included in these GENERAL TERMS and/or the PARTICULAR TERMS is declared, in whole or in part, void or ineffective, such invalidity or ineffectiveness shall affect only that provision, or the part of it that is void or ineffective, and the GENERAL TERMS and the PARTICULAR TERMS shall remain in force in all other respects, with such provision, or the affected part of it, being deemed not to have been included.

20. APPLICABLE LAW AND JURISDICTION

For any question or dispute that may arise concerning the website, its contents and the services purchased, the USER and CHARMEX, expressly waiving any other jurisdiction to which they may be entitled, expressly submit to the application of Spanish Law, with the Spanish Courts likewise having jurisdiction, and expressly submit to the jurisdiction of the Courts of Barcelona, unless the applicable legislation mandatorily determines another jurisdiction or a different law.

21. USE OF ARTIFICIAL INTELLIGENCE AND TRANSPARENCY OF PHOTOREALISTIC CONTENT

In compliance with Regulation (EU) 2024/1689 (the Artificial Intelligence Act), users are expressly informed that this website uses Artificial Intelligence (AI) systems for the creation, editing and generation of photorealistic visual and audiovisual content (images and videos that simulate reality).
In accordance with the transparency obligations laid down by European legislation, such elements have been identified by means of visual labels visible to the user and machine-readable technical metadata, in order to guarantee the right to know that one is interacting with synthetically generated content. The owner of the website declines any liability arising from misinterpretations if the user disregards the aforementioned transparency notices.