General Terms and Conditions

1. Introduction

These provisions govern the use of the kommons.com web site hereinafter, the “Web Site” or the “Portal”), as well as the use of the services offered by MONMAR GESTION 3, S.L. (“KOMMONS”) through the site.

By accessing to the Web Site or, as the case may be, when accepting the present General Conditions, you (hereinafter, the “Client“) confirm that you have read and agree to this conditions and, in consequence, you start a legal relationship with KOMMONS in accordance with its provisions.

Registration within the Portal and the use of its services implies that your data as a Client will be included in KOMMONS files and will be processed in accordance with the provisions of the Privacy Policy, which the Client expressly states that he/she understands and accepts.

The General Conditions included will be the conditions in force at the relevant moment.

The access to the Web Site is free, except as regards the cost of connection via the telecommunications network provided by the supplier contracted by the Client.

Access to “My KOMMONS” area is an exclusive service, solely for those Clients who are registered and active in KOMMONS. A Client is active once he/she is registered using the procedures established in the Web Site and once there is confirmation of the contractual link by means of the sending of information on the registration to the e-mail address indicated during the Client registration process.

In case of breach by the Client of any of the obligations set forth in this General Conditions, KOMMONS reserves the right to prohibit or deny the access to any of the Services offered through the Portal, without prejudice to any other actions that KOMMONS might have.

KOMMONS, to extent permitted by the applicable law, reserves the right to unilaterally modify at any time and without prior notice, the manner and conditions of subscription and contracting for the service(s) of KOMMONS, on the Portal, as well as the present General Conditions. These General Conditions will always be available to Clients in a visible location, freely accessible for viewing as many times as they wish. Clients undertake to read these General Conditions carefully each time that they access to the Web Site. In any case, the acceptance of the General Conditions will be a prior and indispensable step for contracting any services offered by KOMMONS through the Portal.

Any Client shall access and use the Web Site in accordance with this General Conditions, the law, ethics, good faith and/or proper customs, and will abstain from carrying out any kind of act which involves any kind of damage to the Web Site itself, to KOMMONS, and/or the other Clients and/or any third party.

2. Contracting the services

The access and contracting process and the terms and conditions of the provision of the services by KOMMONS will be subject at all times to the provisions set out on the Portal.

Likewise, the Client, when contracting the provision of services, expressly undertakes to supply true and licit information in this regard, and assumes for these purposes any damages caused directly or indirectly to KOMMONS and/or to any third party arising from from the lack of truthfulness or the illicit nature of the data supplied by him/her.

3. Password

KOMMONS will provide an identifier and a password to the Client, which is personal and non-transferrable, in order to allow the Client to use this website or the services offered by KOMMONS on its Portal. The Client undertakes to preserve the confidentiality thereof, by not allowing the use of his/her own access code/Client name/password to third parties and accepting, therefore, any consequences deriving from the breach of that obligation. The password may be modified at the request of either party. If such modification were to take place at the express request of KOMMONS, the Client will be notified of the date of de-activation and replacement of the password by a new one.

KOMMONS does not assume any responsibility for any damage or loss caused to the Client and/or to any third party as a consequence of the loss or theft of the access code/ Client name/ password and/or as a consequence of their use by a third party.

4. Intellectual Property Rights

KOMMONS is the owner of the domain KOMMONS.com.
All exploitation rights are reserved.

This Website is protected by legislation on intellectual and industrial property.
The Portal, in its entirely, including without any exceptions, its design, structure and distribution, text and contents, logos, buttons, images, source code, as well as the intellectual and industrial property rights and any other distinctive sign related to the aforementioned, to the Web Site itself, and any other that appears on the website, as well as all those related to the services offered by KOMMONS and those owned by KOMMONS, are subject to intellectual and industrial property rights by KOMMONS and/or third parties who have authorized their inclusion in the Website.

Therefore, it is prohibited to, by means, their use, exploitation, copy, reproduction, as well as their elimination, damage, and/or modification, registration and/or request of registration them, partially or totally, temporarily or permanently, and any other similar presently or in the future without the KOMMONS’s express and written authorization, and/or of the corresponding owner, without the possibility to understand that exists a licence or authorization whatever its nature, total and/or partial, to any third parties and/or client by KOMMONS and/or from the corresponding owner.

KOMMONS reserves the right to unilaterally redesign and modify, in any moment, and without further notice, the presentation and configuration of the Web Site.
The client will abstain, in every case, from deleting, altering, avoiding or manipulating any security device or security system that may be installed on the Portal.

5. Limitation of Liability

There is no relationship or association of any kind between KOMMONS and the owners of the websites linked to, therefore, KOMMONS is not responsible for third-party websites, neither their utility, trustworthiness, accuracy, nor for the contents included in such sites; they are websites that belong to independent corporations without existing association or relationship. KOMMONS is not responsible for any harm and/or damage and/or losses of profit of the Client or of a third party who is damaged by the opinions, representations, data and/or content that, in this case, can be emitted directly or indirectly the Clients and/or third parties for any reason, any time and any by any mean on the Portal.

KOMMONS does not ensure the continuous, reliable, permanent operation of the Web Site, without a delay or interruption; therefore, KOMMONS is not responsible for any damage and/or harm and/or loss of profit these may cause for the Client or a third party.

KOMMONS is not responsible for any damage and/or loss of profit for the Client or a third party as a consequence of a circumstance of force majeure, fortuitous event, failure or error in the communications lines, or for the defective rendered service or failure of the Internet.

KOMMONS is not responsible for any damage and/or loss of profit for the Client or a third party as a consequence of a circumstance of force majeure, fortuitous event, failure or error in the communications lines, or for the defective rendered service or failure of the Internet.

KOMMONS is not responsible for any harm and/or damage caused to any Client or third party, neither for harm and/or damages suffered by any Client or third party, caused directly or indirectly by the use and/or access and/or connection to the Portal and/or other linked websites, not being KOMMONS responsible for any harm or damage caused to a Client or third party due to incorrect operation, defects, errors or damage caused, totally or partially, to any hardware or software, as well as the loss/alteration and/or damage to the information stored in magnetic supports, disks, tapes, floppy disks and others, as well as the introduction of computer viruses or undesired variations or alterations on the information, documents, files, databases, hardware and/or software.

KOMMONS is not responsible for any harm and/or damage caused to the Client that is not imputable solely, directly and exclusively, to a wilful or negligent action or omission by the company, when the Client and/or a third party or the people who they have to respond to are guilty of this harm and/or damage, or of any harm/damage caused to third parties and/or any loss of profit or benefits suffered by the Client and/or third parties. The links that KOMMONS offers the Client have the purpose of making easier the search of available information on the Internet. KOMMONS cannot ensure that the system is adequate for any services outside of the one hired neither that it provides access to all sites on the Internet. KOMMONS does not offer neither commercialise the services available in the linked sites, nor does it assume any responsibility for these products or services.

The links that KOMMONS offers the Client have the purpose of making easier the search of available information on the Internet. KOMMONS cannot ensure that the system is adequate for any services outside of the one hired neither that it provides access to all sites on the Internet. KOMMONS does not offer neither commercialise the services available in the linked sites, nor does it assume any responsibility for these products or services.

KOMMONS does not control the use of the services made by the Client. In this sense, KOMMONS is not responsible for the use and/or the content that, in violation of the law and/or these Terms and Conditions and/or the applicable Particular Terms and Conditions, the Client may make. KOMMONS is not responsible for the content and/or information and/or data transmitted, neither originating the transmission, not modifying the data, neither selecting it nor the addressee, being, therefore, the Client the only person responsible for the consequences his/her unlawful use or the use in disagreement with these Terms and Conditions can have, as well as the truthfulness and/or lawfulness of the contents provided by the Client. To these effects, the Client has the obligation to use the services according to the applicable law.

In the event that KOMMONS is aware, by any means, directly or indirectly, of the existence of contents that may infringe on the current laws or these Terms and Conditions and/or the applicable Particular Terms and Conditions, or of the unlawful, unauthorised or fraudulent use, KOMMONS is entitled to suspend the services, totally or partially, without the Client’s prior authorisation, by eliminating the infringing contents or taking any other measures considered necessary to disallow the continuity in the infringement detected.

Without prejudice of the above, KOMMONS shall be entitled to communicate to the administrative or judicial authorities the acts that may constitute an illegal activity, without notification to the Client.

Specifically, KOMMONS is not responsible for the defective provision or interruption of the services commercialised and provided in the following events:

The unpredictable events, as well as the force majeure cases, official measures, errors in the telecommunications connections not directly attributable to KOMMONS, will exempt KOMMONS from providing services while the unpredictable events, etc., last.

6. Confidentiality

KOMMONS, as well as its personnel and technical support will process and keep the entire Client’s information they have access to while they are carrying out their job duties. They will not use it, divulge it or allow to be used or divulged by unauthorized third parties. This confidentiality obligation subsists even after KOMMONS employees have finished their working relationship with KOMMONS.

7.- Returns and Refunds Policy

Thank you for shopping at kommos.com. We do not issue refunds for digital products once the order is confirmed and the product is publish. We recommend contacting us for assistance if you experience any issues.

8. Applicable law and Jurisdiction

All the discrepancies, claims and controversies that may arise shall be settled by competent courts according to the applicable legislation.

The present General Conditions are governed and interpreted in accordance with Spanish law.

The present General Terms and Conditions shall be effective on March 5th, 2017.