1. PURPOSE
The purpose of these General Terms and Conditions of Contract (hereinafter, "General Conditions") is to regulate the terms applicable to the access and use of information about the products and other functionalities ("Services") that GUNLOUPE offers to users through its online platform ("Platform").
2. USERS
The following may register as users of the Platform ("User/s"):
a) Individuals: Individuals over 18 years of age interested in accessing the specialized catalog, news, and offers related to the Services offered through the Platform.
b) Companies: Individuals or legal entities with the necessary administrative authorization for the activity of gunsmith, or whose activity is related to the practice of sport hunting or with the Services offered at any time through the Platform.
GUNLOUPE will assign the corresponding profile to them based on the option indicated in the registration form enabled on its website.
Minors or adults without full legal capacity may not register as users of the Platform. GUNLOUPE reserves the right to suspend or cancel registrations that do not comply with the requirements established in these General Conditions.
3. USER REGISTRATION
Registration as a user of the Platform can be done at any time through the "Register" section of the GUNLOUPE website, by filling in the form enabled for this purpose with the data required in each case for the corresponding profile as established in the previous section. Once the data has been completed, these General Conditions will be expressly accepted by checking the box enabled for this purpose next to the aforementioned form.
At the end of the registration process, GUNLOUPE will communicate that the process has been completed successfully via email sent to the address provided by the User. This communication will include the data provided by the User in the registration form, as well as a copy of these General Conditions.
The User can access their account with their email address and the password that GUNLOUPE enables to authenticate registered users on the Platform. Likewise, the User can consult and edit their profile data, as well as carry out any other procedures and arrangements that are available at any time.
4. PRICE OF SERVICES
Currently, registration on the Platform and the use of the Services offered through it are free of charge for the User. However, GUNLOUPE may establish economic consideration for the Services offered through the Platform, in which case, it will offer Users detailed information about the applicable prices or rates, as well as the corresponding modification of the General Conditions in accordance with the provisions of Clause 13 below.
5. DURATION
Registration on the Platform will remain valid indefinitely, unless the User communicates their desire to unsubscribe by email sent to GUNLOUPE (see communication channels in Clause 12 below).
6. OBLIGATIONS AND RESPONSIBILITY OF USERS
6.1. Obligations
In general, Users are prohibited from any action or omission contrary to the provisions of these General Conditions or that, in any way, is contrary to the required contractual good faith, violates applicable laws, or is contrary to morality and good customs.
Likewise, in order to detect and prevent fraudulent registrations and unnecessary harm and inconvenience to Platform Users, GUNLOUPE may take whatever measures it deems appropriate to confirm or verify data, or information on administrative authorizations (in the case of Companies), provided for registration on the Platform.
In particular, the following are strictly prohibited:
· Requesting registration on the Platform using false data and/or data from third parties without the prior authorization of the interested parties.
· The fraudulent use of the Platform's profile and functionalities or for illegal purposes or that constitutes a violation of intellectual or industrial property rights, data protection, or any other third-party right, or is used in any other unfair and/or inappropriate manner.
In particular, in relation to the publication of advertisements on the Platform for the sale of second-hand hunting firearms (between Individual Users), the non-verification of the seller's identity, the lack of accreditation of ownership and/or the regulatory documentation of the firearm, or the lack of detail about its condition and characteristics, or any other requirement by the applicable regulations for the transfer of firearms, will be understood as illicit and/or fraudulent and inappropriate use of the described functionality.
Likewise, Users' obligations include:
· Diligently using and keeping their passwords or other credentials secret. Consequently, the User is responsible for the proper custody and confidentiality of any identifiers and/or passwords supplied and/or authenticated by GUNLOUPE, and undertakes not to transfer their use to third parties.
· Immediately notifying GUNLOUPE of any event that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with the immediate blocking and/or cancellation of the account. Until such events are communicated, GUNLOUPE will be exempt from any liability that may arise from the improper use of identifiers or passwords by third parties.
6.2. Responsibility
By virtue of the foregoing, Users will be responsible for the access and/or use of the Platform by third parties whose illegitimate action is due to the loss or negligent use of passwords by the User.
In the case of Users registered as Individuals, they assume all responsibility for the breach of the obligations established in section 6.1, committing to indemnify GUNLOUPE against any civil, criminal, or other liability that may arise from third-party claims (including other Platform Users) as a consequence or in relation to such opinions or comments.
In the case of Users registered as Companies, they assume all responsibility for the data and information about their activity, products, and/or services provided at the time of their registration on the Platform or their interaction with its Users. In particular, regarding any offer or promotion addressed to Platform Users (including its validity), the quality and legal guarantee of products and/or services that they advertise through the Platform, committing to indemnify GUNLOUPE against any civil, criminal, or other liability that may arise from third-party claims (including other Platform Users) as a consequence or in relation to the referred information.
7. TERMINATION OF THE CONTRACT
GUNLOUPE reserves the right to cancel the User's account and, automatically, remove from the Platform any User who fails to comply with any of the terms established in these General Conditions, such as, for example, any falsehood detected in the data or documentation provided for registration or the publication of firearm purchase and sale advertisements (in the case of Individual Users), in the information related to administrative authorizations, products and/or services offered, or the existence of consumer claims and/or before competent authorities (in the case of Users with a Company profile).
Likewise, GUNLOUPE reserves the right to terminate and remove the Platform and its functionalities from the website at any time, without registered Users being able to demand any compensation or indemnity from GUNLOUPE.
8. EXCLUSION OF GUARANTEES
Except for what is expressly established in these General Conditions or imperatively required by applicable law, GUNLOUPE offers no specific guarantees regarding the information, content, and/or functionalities made available through the Platform. Any commercial guarantee is expressly excluded. Additionally, any guarantee regarding the operation of the Platform on any device and/or browser (except in cases where the contrary is expressly indicated), its reliability, permanent availability (or above certain percentages), the absence of errors or failures, or its suitability for a specific purpose not explicitly stated and/or to satisfy the specific needs of its Users is excluded.
Under no circumstances will GUNLOUPE be liable to Users for possible damages, lost profits, directly or indirectly derived from the use of the Platform and its functionalities (including data loss, improper use by any person, and errors or omissions related to the information or product offer offered through said Platform).
Finally, GUNLOUPE will not be held responsible for the interruption of access to the Platform and/or its functionalities due to force majeure. The exemption from liability will extend as long as the event that gave rise to it persists, without prejudice to making reasonable efforts to minimize as much as possible the effects of the interruption or breach caused by such event.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
GUNLOUPE reserves all intellectual property rights over the content and any element that forms an integral part of the Platform's design (hereinafter "Platform Content" which includes, by way of example only: texts, images, photographs, headers, personalized graphics, button icons, source code, color combination, or structure, selection, arrangement, and presentation of its contents). The right to use the Platform by Users is limited to accessing it via the Internet under the terms provided in these General Conditions. Consequently, beyond the aforementioned right of use, Users are expressly prohibited from reproducing, distributing, publicly communicating, making available, or transforming the Platform Content.
All trademarks, names, domain names, logotypes or identifying graphics of the Platform and its functionalities are the exclusive property of GUNLOUPE, without these General Conditions conferring any right to Users over them.
Likewise, these General Conditions do not confer any right to Users over any name, brand, or other distinctive sign whose exclusive ownership belongs to an Enterprise User or a third-party company included in the catalog offered through the Platform (hereinafter, "Manufacturers"). Notwithstanding the foregoing, Enterprise Users authorize GUNLOUPE and grant it the necessary rights to use their names, brands, or other distinctive signs, solely for the purpose of managing and maintaining the accounts and/or profiles of these Users.
In the case of content directly provided by any User as a result of the use of the Platform or any of its functionalities (hereinafter "User Content" which includes, by way of example only, photographs, graphics, texts, distinctive signs), these users grant GUNLOUPE a non-exclusive, non-transferable, territorially unlimited right of use for the reproduction, making available, public communication, transformation, modification or translation of the "User Content" for the duration of the Platform registration, unless such use is not permitted by law.
By virtue of the foregoing, Users undertake to indemnify GUNLOUPE against any civil, criminal, or other liability that may arise from claims based on the infringement of third-party industrial or intellectual property rights (e.g., if they publish, share, or upload protected content to the Platform without the prior authorization of its legitimate owners).
10. PERSONAL DATA PROTECTION
Information on the processing of personal data: The processing and purposes of the personal data provided by Users and collected during the Platform registration process or its use are explained in GUNLOUPE's Website Privacy Policy.
11. ASSIGNMENT OF CONTRACT AND SUBCONTRACTING
GUNLOUPE may assign all or part of the rights and obligations assumed under these General Conditions, as well as subcontract their execution to third parties.
Users are prohibited from assigning the rights and obligations assumed under these General Conditions.
12. COMMUNICATIONS
Users accept that communications regarding the execution and control of compliance with these General Conditions will be made through any of the contact methods provided during the registration process (or subsequently modified at the User's request) and, very particularly, by electronic communication means.
For these purposes, Users can contact GUNLOUPE through the following communication channels:
· Through the form enabled in the "Contact" section of the GUNLOUPE website
· By email, to the address: legal@gunloupe.com
13. MODIFICATIONS
GUNLOUPE may at any time make modifications to these General Conditions, as well as to any feature or functionality of the Platform. GUNLOUPE will publish these changes on its website and communicate them to Users, through messages on the Platform or by email, depending on the circumstances.
14. APPLICABLE LAW AND COMPETENT JURISDICTION
The law applicable to the Contract will be Spanish Law. In case of controversy, the Parties, expressly waiving their own jurisdiction, expressly submit to the jurisdiction and competence of the Courts and Tribunals of Madrid Capital.