Legal Notice and Terms of Use
In accordance with the provisions of Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (the "LSSI"), we inform you that the website www.excent.es (the "Website") is operated by CANAL DE VENTA EXCENT, S.L.U. ("EXCENT"), with Tax ID B-13866637, registered in the Commercial Registry of Madrid, Volume 45,150, Page 200, Sheet M-794505, with its registered office at Avenida de Manoteras, 12, 5ª planta. 28050, Madrid, Spain.
You can obtain more information about EXCENT through the "About Us" section of the Website or by sending an email to the following address: clientes@excent.es
The present document contains the legal notice and terms of use of the Website (the “Legal Notice and Terms of Use” or the “Legal Notice”) that EXCENT makes available to users.
Access and use of the Website by the user (the “User” or the “Users”, as applicable) implies that they fully accept and agree to comply with the terms and conditions set forth in this Legal Notice and Terms of Use. Therefore, the User must read this Legal Notice carefully each time they intend to use the Website, as it and its terms of use may undergo modifications.
Terms of Use
The User agrees not to use the Website for fraudulent purposes, as well as not to engage in any conduct that could damage the image, interests, and rights of EXCENT or third parties. Likewise, the User agrees not to perform any act aimed at damaging, disabling, or overloading the Website, or that would in any way impede its normal use and operation. The User is informed that in the event of non-compliance with the content of this Legal Notice, the Privacy Policy, or any other specific terms or conditions contained on the Website, EXCENT reserves the right to limit, suspend, or terminate their access to the Website, adopting any technical measures necessary for that purpose. Likewise, EXCENT reserves the right to take such measures if it reasonably suspects that the User is violating any of the terms and conditions set forth in this Legal Notice.
Finally, we inform the User that EXCENT reserves the right to decide at any time on the continuity of the information society services provided through the Website.
Information Contained on the Website
The purpose of this Website is to present certain information about properties owned by third parties, marketed by EXCENT or other third parties (e.g. Anticipa Real Estate, S.L.U. ("Anticipa") or Aliseda Servicios de Gestión Inmobiliaria, S.L.U. ("Aliseda")) or where EXCENT provides information about marketing channels (the "Properties" or "Property", as applicable). Under no circumstances should it be considered an offer to sell or lease nor a recommendation to engage in any type of transaction. In this regard, the Website presents properties owned by private individuals, certain companies belonging to the group to which EXCENT is part, certain companies controlled by Blackstone Inc. and managed by Anticipa, Aliseda, the Sociedad de Gestión de Activos de la Reestructuración Bancaria, S.A., Global Orthanc, S.L., Global Smaug, S.L., Global Melkor, S.L., Global Numenor, S.L., Desarrollos Las Peñicas, S.L., Percalata Servicios y Gestiones, S.L., SPV Spain Project 9, S.L., SPV Reoco 3, S.L., SPV Reoco 4, S.L., SPV Reoco 27, S.L., SPV Reoco 7, S.L., SPV Reoco 8, S.L., Rodalata Servicios y Gestiones, S.L., Dolian Reoco, S.L., Global Zappa, S.L.U., certain companies of the El Corte Inglés Group, as well as other third parties specifically detailed for each property, where applicable.
The information about the Properties contained on the Website is (i) merely descriptive and not contractual; (ii) selective and subject to possible updates, expansions, revisions, and modifications; and (iii) not intended to include all the information that users may need to make a decision about the purchase of one or more properties listed there, which they can expand if they wish by contacting EXCENT’s Commercial Department at 900 878 287 (hours: Monday to Friday from 9 am to 8 pm, except national holidays).
If a User is interested in any Property, they must contact the corresponding entity or marketing channel where they can obtain information about the Property, including the owner’s details, and must also carry out the necessary checks and obtain the corresponding advice. In particular, the ownership status, encumbrances, and general legal-registration status must be verified in the corresponding Property Registry. The urban planning status must be verified through the corresponding Public Administrations, as the building typology indicated on the Website for each Property may not correspond to its current urban planning status. Furthermore, the graphic information is not updated in all cases, so any purchase decision requires a prior visit and verification by the interested party.
No legal transaction for the purchase of Properties is concluded through the Website. Reservation commitment agreements, private contracts, or deeds of sale will be formalized exclusively through the procedures indicated for each Property. For this same reason, the information required by Royal Decree 515/1989, of April 21, on consumer protection regarding the information to be provided in the sale and lease of housing (the “RD 515/1989”) and the remaining applicable state and regional regulations will be available to potential interested parties at the places indicated for the formalization of the corresponding agreement or contract, which, in this sense, are also the places where all the necessary pre-contractual information is provided and are considered sales offices for all legal purposes.
User Registration and Password
Likewise, EXCENT informs the User that, by registering on the Website, they will be assigned a user that will allow them to log in at any time as a “Registered User” and, therefore, access the functionalities of the Website. The password must not contain offensive, injurious, or graphic-denominative expressions, coincide with trademarks, trade names, establishment signs, company names, advertising expressions, names or pseudonyms of public or famous characters for whose use they are not authorized, and, in general, contrary to the law or the requirements of morality and generally accepted good customs.
It is essential that the User safeguards the password at all times. The User will be solely responsible in case of use, authorized or not, of their personal account, and in this sense, they agree to use this information diligently, not to make it available to third parties, and to report its loss or theft.
Intellectual and Industrial Property
The intellectual and industrial property rights over the Website, including the arrangement of the contents of the Website, the sui generis right over the underlying databases, the graphic design and user interface of the Website (look & feel), the underlying computer programs (including source and object codes), as well as the various elements that make up the Website (texts, graphics, photographs, videos, sound recordings, etc.) (the “Contents”), belong to EXCENT or its licensors. Regarding the distinctive signs included on the Website (trademarks and trade names), they are owned by EXCENT or its licensors.
The use of the Website by the User does not imply the transfer of any intellectual and/or industrial property rights over the Website, the contents, and/or the distinctive signs of EXCENT. To this effect, through this Legal Notice, except in those cases where it is legally permitted or with prior authorization from EXCENT, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, and/or reusing the Website, its Contents, and/or the distinctive signs of EXCENT.
EXCENT grants Users who have accepted the terms and conditions a non-exclusive authorization to use the Website, worldwide, for the maximum period of validity of the intellectual and industrial property rights as established by applicable regulations (unless their access to the Website is suspended for justified reasons) and for the purpose of allowing the User to use the Website in accordance with this document.
EXCENT reserves the right to redesign and vary unilaterally, at any time and without prior notice, the presentation and configuration of the Website.
Link Policy
Establishing links to the Website.
The establishment of links to the Website is prohibited unless previously authorized by EXCENT. In any case, once the link is authorized by EXCENT, it must be established under the following terms:
- The link will only direct to the homepage or main page of the Website.
- The link cannot consist of frames or windows that allow viewing of the Website through different Internet addresses than the Website itself, or that in any way show the Website's information jointly with other websites. No false, inaccurate, or incorrect statements about the Website and/or EXCENT may be made from the website that introduces the link (the "Linking Site").
- No false, inaccurate, or incorrect statements about the Website and/or EXCENT may be made from the website that introduces the link (the "Linking Site").
- In no case does the authorization granted by EXCENT imply that: (i) EXCENT sponsors, collaborates, verifies, or supervises the content and/or services provided through the Linking Site; nor (ii) that EXCENT is responsible for the content of the Linking Site.
- The Linking Site must fully comply with the law and must not, under any circumstances, host content, whether from its own sources or third parties, that: (i) is illegal, harmful, or contrary to morality and good customs (pornographic, violent, racist, etc.); (ii) leads or may lead the User to falsely believe that EXCENT endorses, supports, adheres to, or in any way backs the lawful or unlawful ideas, statements, or expressions of the sender; and (iii) is inappropriate or irrelevant to EXCENT's activities.
In the event of non-compliance with any of the aforementioned terms, EXCENT will proceed immediately and without prior notice to remove the link.
Linked Sites
To help you find additional information, we may include various technical link devices that allow the User to access other websites (the “Linked Sites”). In these cases, EXCENT acts as an intermediary service provider, as provided in Article 17 of the LSSI. According to the aforementioned legislation, EXCENT will not be responsible for the services and content provided through the Linked Sites, unless it has actual knowledge of the illegality and has not deactivated the link with due diligence.
In no case does the existence of Linked Sites imply recommendation, promotion, identification, or conformity of EXCENT with the statements, content, or services provided through the Linked Sites. Consequently, EXCENT is not responsible for the content of the Linked Sites, nor for their terms of use and privacy policies, being the User solely responsible for checking and accepting them each time they access and use them.
The User will be solely responsible if they access any of the Linked Sites, their visit and use is carried out at their own risk. Therefore, the User must exercise extreme caution in evaluating and using the information, content, and services existing on the Linked Sites.
If the User considers that there are illegal, harmful, denigrating, violent, or inappropriate content on the Linked Sites, they may inform EXCENT through the following email address: clientes@excent.es .
However, such communication will not entail EXCENT's obligation to remove the corresponding link and/or content, nor does it necessarily imply EXCENT's actual knowledge of the illegality of the content of the Linked Site, as provided in the applicable regulations.
Communication of Illegal and Inappropriate Activities
In the event that the User or any other Internet user becomes aware that any kind of information or content on the Website or provided through it is illegal, harmful to the rights of third parties, contrary to the provisions of this Legal Notice, or in any other way harmful or contrary to morality, customs, and good practices, they may contact EXCENT indicating the following:
Personal data of the communicator: name, address, phone number, and email address.
Description of the facts that reveal the illegal or inappropriate nature of the content or information as well as the specific address where it is available;
In the event of a violation of third-party rights, such as intellectual and industrial property, the data of the owner of the infringed right must be provided when it is a person other than the communicator. The title that accredits the ownership of the infringed rights must also be provided and, where appropriate, the representation to act on behalf of the owner when it is a person other than the communicator.
The receipt by EXCENT of the communication provided for in this clause will not imply, as provided in the LSSI, actual knowledge of the activities and/or content indicated by the communicator, when this is not obvious or evident. In any case, EXCENT reserves the right to suspend or remove content that, although not illegal, is contrary to the rules established in this Legal Notice, weighing in each case the conflicting legal interests.
EXCENT's Responsibility
The User should be aware that communications through open networks are exposed to a variety of threats that make them unsafe. It is the User’s responsibility to adopt all appropriate technical measures to reasonably control these threats, including having updated systems for detecting malicious software, such as viruses, trojans, etc., as well as keeping the security patches of the corresponding browsers updated. For more information, you can contact your Internet access service provider who can provide you with solutions suitable for your needs. To the maximum extent permitted by applicable law, EXCENT is not responsible for damages caused to the User as a result of risks inherent to the medium used, nor for those caused by vulnerabilities in their systems and tools. EXCENT also does not guarantee the total security of its systems and although it has adopted appropriate security measures, the existence of vulnerabilities cannot be completely ruled out, and consequently, the User must be cautious in interacting with the Website. EXCENT will only be responsible for damages caused by the use of the Website when such damages are directly caused by EXCENT's willful misconduct or gross negligence and there has been no negligence on the part of the User. In particular, EXCENT will not be responsible for:
- Damages of any kind caused to the User’s computer equipment by viruses, worms, trojans, or any other harmful element.
- Damages of any kind caused to the User due to failures or disconnections in telecommunications networks that result in the suspension, cancellation, or interruption of the Website service during its provision. In this regard, the User acknowledges that access to the Website requires services provided by third parties outside EXCENT’s control (e.g., telecommunications network operators, access providers, etc.) whose reliability, quality, continuity, and operation do not correspond to EXCENT, nor is it EXCENT’s responsibility to guarantee the availability of the service.
- Information from third parties in cases where it acts as an intermediary service provider as defined by the LSSI, except when there is actual knowledge and the corresponding information has not been removed.
- SECURITY: The website uses industry-standard information security techniques, such as firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data via SSL v3.0.
Data Protection
Aspects related to the processing of Users’ personal data due to the use of the Website are regulated in the “Privacy Policy.”
Miscellaneous
In accordance with Article 3 of the LSSI, the laws applicable to the information society services that EXCENT provides through the Website will be those of the Kingdom of Spain.
In the event that any of the provisions contained in this Legal Notice are declared null and void, they will be removed or replaced. In any case, such a declaration of nullity will not affect the validity of the remaining provisions contained in this Legal Notice.