Disclaimer and Conditions of Use

The following conditions regulate access and use of the website corporate.pladur.com (hereinafter the “Website”) and the rules governing use of the Website contents.

The Website is the property and responsibility of PLADUR GYPSUM, S.A. (hereinafter, ”Pladur®”), a Spanish company with its registered office at Ctra. Andalucía, km 30,200, 28343 Madrid and holder of Corporate Tax Code A79087987. Registered in the Mercantile Registry of Madrid, on Sheet M-64104, Volume 3813 and Folio 71.

Pladur® provides the following means of communication and/or contact: 

  • By post: Ctra. Andalucía, km 30,200, 28343 Madrid
  • Email: consultas@pladur.com
  • Telephone: (+34) 910 88 08 99
     

1. Purpose of the Website

 Through the Website, Pladur® provides Internet users with a web page where they can consult the services and products available in the Pladur® catalogues.

2. Website Terms of Use

 This document sets out the general terms and conditions of access and use of the Website (hereinafter, the “Disclaimer and Conditions of Use”). Certain services of the Website may be subject to additional special conditions (hereinafter, the “Special Conditions”), which form part of this Disclaimer and Conditions of Use.

This Disclaimer and Conditions of Use are subject to changes and updates, so the version published by Pladur® may be different each time the User accesses the Website. Accordingly, the User must read the Disclaimer and Conditions of Use each and every time they access the Website. It is understood that they accept the version of the Disclaimer and Conditions of Use published at the time accessing the Website. 

 3. Website Users

Access to the Website confers the status of user (hereinafter, the “User”) of the Website, whether an individual or a legal entity, and implies the complete, full and unreserved acceptance of the Disclaimer and Conditions of Use. If the User disagrees with this Disclaimer and Conditions of Use, they must refrain from using the Website.

Through the Website, the User can request the periodic sending of our newsletters. This request is sent through the Website form included for this purpose. Upon receiving your request, the data you provide will be incorporated into our databases and you will become a registered user of Pladur®.

For the purposes of this Disclaimer and Conditions of Use, as well as the Privacy Policy and the Cookies Policy, the term User includes both Registered Users and Users who access the Website without registering.

A prerequisite to becoming a Registered User of the Website is to comply, cumulatively, with the following requirements:

  1. To have the legal capacity to carry out the activities as a Registered User.
  2. To fill out the Registered User registration form in full and truthfully, ensuring it is up to date.
  3. To have read and accepted, prior to registration, this Disclaimer and Conditions of Use, as well as the Privacy Policy.

The Registered User acknowledges and accepts that access to the Website and the creation of a profile as a Registered User implies knowledge and express and unequivocal acceptance of this Disclaimer, Conditions of Use and the Privacy Policy.

It will be the responsibility of the Registered User to keep their username and password secure, and consequently assume any damages that may arise from their improper use, as well as the transfer, disclosure or loss of these. Moreover, they must immediately inform Pladur® in the event of any of these events by sending an email to the address consultas@pladur.com.

In any case, if the notification indicated in the previous paragraph does not take place, the access and use of the Website made under the username and password of the Registered User will be assumed to have been made by said User, who will be responsible in all cases for such access and use.

The Registered User may unsubscribe from the Newsletter using the opt-out procedure provided in any promotional message received from us.

Pladur® reserves the right to deny or withdraw access to Newsletters, without prior notice, at its own request or that of a third party, to those users who do not comply with the Disclaimer, Conditions of Use and the Privacy Policy.

 4. Website Usage Rules 

The User is obliged and undertakes to use the Website and all its contents (hereinafter, the “Contents”) in accordance with the prevailing legislation and following the provisions set out in the Disclaimer and Conditions of Use.

Users are obliged and undertake not to use the Website or the Contents for unlawful purposes or effects, prohibited in the Disclaimer and Conditions of Use or under prevailing legislation, that contravene the rights and interests of Pladur® and/or third parties, or that in any way could damage, disable, overload, impair or prevent the normal use of the Website and the Contents, IT equipment or documents, files and all kinds of content stored on any IT equipment belonging to Pladur® and/or contracted by Pladur®, other Users or any Internet User (hardware and software).

The User is obliged and undertakes not to transmit, disseminate or make available to third parties any kind of material contained on the Website. For merely illustrative purposes this includes information, text, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, logos, trademarks, icons, technology, photographs, links, graphic design and source codes, or any other material to which they have access as a User. Also, pursuant to all this, the User may not:

  • Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Contents, unless written and explicit authorisation has been granted by Pladur®, which is the owner of the corresponding rights, or if it is legally permitted.
  • Delete, manipulate or in any way alter the copyright and other data identifying the reservation of rights of Pladur® or its third-party owners, the digital fingerprints and/or identifiers, or any other technical means established for their recognition.

The User must refrain from obtaining or trying to obtain the Contents using means or procedures other than those that, depending on the case, have been made available to them or have been indicated for this purpose on the web pages where the Contents are located or, in general, those that are habitually used on the Internet for this purpose, provided they do not entail a risk of damage or disablement of the Website, and/or the Contents.

The User is obliged to disclose, through the means established for this purpose on the Website, any aspect that has an impact and/or modifies, in any way and with any scope, the Contents and/or the Website.

5. Intellectual Property

All trademarks, brand names or distinctive signs of any kind, as well as any element subject to intellectual and industrial property rights that appear on the Website belong to Pladur® or, where appropriate, to third parties who have authorised their use. Use of or access to the Website does not grant the User any right over the aforementioned trademarks, brand names, distinctive signs and/or elements subject to intellectual and industrial property rights. Moreover, none of the exploitation rights that exist or may exist over these can be understood to have been assigned to the User.

By the same token, the Contents are the intellectual property of Pladur® or of third parties who have authorised their use. Therefore, it is up to Pladur® or such third parties to exclusively exercise the rights to exploit the Contents in any way and, in particular, the rights of reproduction, distribution, public communication and transformation. Unauthorised use of the Website Contents by the User, as well as the violation of the intellectual or industrial property rights of Pladur®, or of third parties included on the Website who have assigned part of the Contents, will give rise to the legally established liabilities.

All the copyrights of the Disclaimer and Conditions of Use are also reserved by the laws and international treaties on intellectual property. It is expressly forbidden to copy, reproduce or disseminate them, in whole or in part, by whatsoever means.

6. Hyperlinks

 The Website provides Users with technical link devices and search tools that allow Users to access websites owned by other entities (hyperlinks).

Users acknowledge and accept that use of the services and content of the linked websites will be at their own risk and responsibility. Accordingly, they hereby exonerate Pladur® from any liability regarding the technical availability of the linked websites, the quality, reliability, accuracy and/or truthfulness of the services, information, elements and/or content to which the user may have access in the same and in the search directories included on the Website.

Pladur® will not be liable, either indirectly or vicariously, for damages of any kind arising from: a) the operation, unavailability, inaccessibility and lack of continuity of the linked web pages and/or available search directories; b) the lack of maintenance and updating of the contents and services contained in the linked web pages; c) the lack of quality, inaccuracy, illegality or uselessness of the contents and services of the linked web pages.

Likewise, those persons who intend to establish hyperlinks between their page and the Website must observe and comply with the following conditions:

  • No prior authorisation is required when the hyperlink only permits access to the home page. However, it cannot be reproduced in any way. Any other form of hyperlink will require the express and unequivocal written authorisation of Pladur®.
  • No frames will be created with the Website or on the Website.
  • No false, inaccurate or offensive statements or indications will be made about Pladur®, its directors, employees or partners, or persons who are related to the Website for whatsoever reason, or the Users, or the Contents.
  • It will not be stated or given to understand that Pladur® has authorised the hyperlink or has supervised or assumed in any way the contents offered or made available on the website where such a hyperlink is established.
  • The web page where the hyperlink is established may only contain what is strictly necessary to identify the destination of the hyperlink.
  • The web page where the hyperlink is established must not contain information or content that is unlawful or contrary to generally accepted morality and good customs and public order, nor can it contain content that is contrary to or that infringes upon any rights of third parties.

7. Third Party Services and Products Accessible through the Website

Through the Website, the User may access content, services and products provided by third parties and/or Pladur® distributors (hereinafter, the “Third Parties and/or Distributors”). The User acknowledges and accepts that the access to, use and/or procurement of the contents, services and products of Third Parties and/or Distributors through the Website will be subject to the Terms and Conditions of access, use and contracting established by the Third Party and/or Distributor.

The User understands and accepts that the procurement of contents, services and products of Third Parties and/or Distributors accessed through the Website and any contractual or extra-contractual relationship formalised with such Third Parties and/or Distributors is considered to be carried out on the Website of said Third Parties and/or Distributors and formalised solely between the User and the latter. The User acknowledges and accepts that Pladur® is exonerated from any liability of any nature arising from the contractual relations formalised through the Website with Third Parties and/or Distributors, and in any case it is not liable for any aspect of the same or for damages of any kind caused by the procurement processes, business, conversations and/or contractual or extra-contractual relations with Third Parties and/or Distributors.

For merely illustrative purposes, Pladur® will not be liable for: a) the availability of products and the stock of products and services offered and/or procured with Third Parties and/or Distributors; b) the price and payment of products and services offered and/or contracted with Third Parties and/or Distributors; c) the process of purchase and provision of services offered and/or procured with Third Parties and/or Distributors; d) the dispatch of products and services offered and/or procured with Third Parties and/or Distributors; e) the process of returns; damages arising from defective compliance and/or breach of contractual and/or non-contractual agreements assumed between the User and Third Parties and/or Distributors.

8. Third Party and/or Distributor Content

Pladur® does not perform prior checks of, approve or own the contents, services, opinions, communications, data, files, products and any kind of information from Third Parties and/or Distributors. By the same token, it does not guarantee the legality, reliability, usefulness, truthfulness, accuracy, completeness and topicality of the content, information, products and services of third parties on the Website.

Pladur® does not perform prior checks and does not guarantee the absence of viruses or other elements in the contents, products and services provided by Third Parties and/or Distributors through the Website that may cause alterations in the computer system, electronic documents or user files.

Pladur® will not be liable, either indirectly or vicariously, for damages of any kind resulting from the use and procurement of the contents and products and/or services of Third Parties and/or Distributors through the Website, as well as for the lack of legality, reliability, usefulness, truthfulness, accuracy, exhaustiveness and topicality of the same. For merely illustrative purposes, it will not be liable for damages of any kind whatsoever arising from a) the infringement of intellectual and industrial property rights and the defective performance or breach of contractual undertakings acquired by Third Parties and/or Distributors; b) the performance of acts of unfair competition and unlawful advertising by Third Parties and/or Distributors; c) the inadequacy and disappointment of the services, products and contents of Third Parties and/or Distributors; d) the defects of any kind of the services, products and contents of Third Parties and/or Distributors provided through the Website.

Pladur® will not be liable, either indirectly or vicariously, for damages of any kind caused to Users as a result of the presence of viruses or other elements in the contents, products and services provided by Third Parties and/or Distributors that may cause alterations in the computer system, electronic documents or files of Users.

The exoneration of liability specified in the previous paragraphs is with the limitations and scope set out in Law 34/2002, of 11 July, on information society services and electronic commerce.

9. User Conduct

Pladur® does not guarantee that Users of the Website will use it in accordance with the law, morality, public order or in accordance with the Disclaimer and Conditions of Use and the Privacy Policy. Likewise, it does not guarantee the truthfulness and accuracy, completeness and/or authenticity of the data provided by Users.

Pladur® will not be liable, indirectly or vicariously, for damages of any kind arising from use of the Website by Users or that may result from the lack of truthfulness, accuracy and/or authenticity of the data or information provided by Users, or from the impersonation of a third party carried out by a User in any kind of action through the Website.

10. Liability of Pladur®

Pladur® will be solely and exclusively liable for the services it provides itself and the Contents originated by Pladur® and identified with its copyright. Said liability will be excluded in cases of force majeure or in cases where the configuration of the User’s equipment is unsuitable for the correct use of the Internet services provided by Pladur®.

Pladur® refutes all liability for the decisions that the User may take based on this information, as well as for any possible typographical errors that the documents and graphics on the Website may contain. The information is subject to possible periodic changes without prior notice due to the extension, improvement, correction or updating of the Contents.

 11. Website Availability

Pladur® does not guarantee that there will be no interruptions or errors in accessing the Website or its Contents, or that they will be updated. However, it will make every endeavour to prevent, correct or update these, if necessary. Accordingly, Pladur® will not be liable for any damage or harm of any kind caused to Users through failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Website service during the provision of the same or beforehand.

Notwithstanding the exceptions set out in prevailing legislation, Pladur® refutes any liability for damages of any kind that may be due to the lack of availability, continuity or quality of the operation of the Website and its Contents, or to the failure to meet the expectation of usefulness that Users may have attributed to the Website and its Contents.

The purpose of the hyperlinks that appear on this Website is exclusively to inform the User about the existence of other web pages that contain information on the subject. However, such hyperlinks do not represent any suggestion or recommendation.

The provision of the service of the Website and the Contents has, in principle, an indefinite duration. However, Pladur® is entitled to terminate or suspend the provision of the service of the Website and/or any of the Contents at any time. Whenever reasonably possible, Pladur® will give prior notice of the termination or suspension of the Website.

12. Website Quality

Given the dynamic and changing environment of the information and services provided through the Website, Pladur® makes every effort to ensure the complete truthfulness, accuracy, reliability, usefulness and/or topicality of the Contents. However, no guarantee can be given in this regard. The information shown on the Website pages is only of an informative, consultative, explanatory and advertising nature, and under no circumstances does it offer or have the nature of a binding or contractual commitment.

Access to the Website does not imply an obligation on the part of Pladur® to control the absence of viruses, worms or any other harmful computer element. In any case, it is the User’s responsibility to have adequate tools for the detection and removal of malware. Accordingly, Pladur® will not be liable for any possible security errors that may occur during the provision of the Website service, or for any possible damage that may be caused to the User’s or third party’s computer system (hardware and software), files or documents stored on it, as a result of the presence of a virus in the User’s computer used to connect to the services and contents of the Website, a browser malfunction or the use of non-updated versions of it.

13. Protection of Personal Data

For further information about how we protect Users’ personal data, you may consult our Privacy Policy.

 14. Jurisdiction and Applicable Law

For any issues regarding the interpretation, application and compliance with this Disclaimer and Conditions of Use, as well as any claims that may arise from the use thereof, all the parties involved submit to the Courts of Madrid, with express waiver to any other jurisdictional privilege to which they may be entitled.

This Disclaimer and Conditions of Use will be governed by and construed under the laws of Spain.