Introduction and Company Information
Dunique Marbella is an entity with its registered office located in SANT CUGAT DEL VALLES (BARCELONA) at CAMÍ CA N’AMETLLER, 16, BUILDING 1, 5th FLOOR, with a Tax Identification Number (C.I.F.) of XB67459685. This entity is registered in the Commercial Register of BARCELONA, under VOLUME 46977, PAGE 188, SHEET B-537.052, ENTRY 1.
The website has been established by Dunique Marbella to allow interested individuals to access and make secure online searches or requests for information about properties offered by Dunique Marbella.
2.3. This Legal Notice aims to regulate access, navigation, and use of the website, but regardless of this, Dunique Marbella may establish specific conditions that govern the use, reservation, and/or contracting of specific products or services offered to Users through the website.
Before using, reserving, and/or contracting these specific products or services offered by Dunique Marbella, the User must carefully read the specific conditions, if any, created by Dunique Marbella for this purpose. Using, reserving, and/or contracting such specific products or services implies acceptance of the specific conditions that govern them as published by Dunique Marbella at the time of such use, reservation, and/or contracting.
3.1. User access to the website is free of charge.
However, if services and/or content offered by Dunique Marbella on the website are subject to prior reservation and/or payment of a fee, the specific conditions outlined in the corresponding Specific Terms, which will be made available to the User in a clear and easily accessible manner, will apply.
3.2. Access to the website is prohibited for minors, unless they have the prior and express authorization of their parents, guardians, or legal representatives, who will be considered responsible for the actions of minors in their care, in accordance with current regulations. In any case, it will be presumed that access by a minor to the website has been carried out with the prior and express authorization of their parents, guardians, or legal representatives.
Intellectual and Industrial Property Rights
Dunique Marbella is the owner or has obtained the corresponding license for the exploitation rights of Intellectual and Industrial Property of the website and its content, including, but not limited to, its contents and computer applications, if applicable, including any modifications, updates, and new versions, as well as any distinctive signs (registered or not), trademarks, trade names, know-how, copyrights, domain names, and any other industrial or intellectual property rights inherent to the website.
Therefore, the access and navigation of the User on the website will not be considered as an assignment, authorization, or license to use the content of the website for purposes other than those set forth in this Legal Notice.
As a result, any form of reproduction, distribution, public communication, transformation, making available, and, in general, any other act of exploitation, whether for commercial purposes or not, of the website or its contents, without the express written authorization of Dunique Marbella or, where applicable, the rights holder, is strictly prohibited.
Furthermore, Dunique Marbella reserves the right to exercise any legal actions available to it to cease, prevent, or pursue any unlawful use of the website or its contents by the User or third parties, as well as to defend its rights, titles, and interests, including the right to claim any damages. In no case will the failure of Dunique Marbella to require the cessation of the use of the website or its contents, which are illegal or contrary to these conditions, be construed as tacit consent by Dunique Marbella to such uses or as a waiver of the exercise of any legal action that may correspond to it.
The content provided on the website is intended for individuals browsing the web and those interested in the content and products offered by Dunique Marbella. Unauthorized commercial use of the content is prohibited unless prior written authorization is obtained from Dunique Marbella. Therefore, the User agrees to use the content diligently, correctly, and lawfully and, in particular, agrees to:
Use the content for purposes contrary to the law, morality, generally accepted good customs, or public order.
Employ the content and, in particular, any information obtained through the website or the services to send advertising, direct sales communications, or any other type of commercial communication, unsolicited messages addressed to a plurality of people, regardless of their purpose, as well as to market or disclose such information in any way. If the User becomes aware of the existence of any illegal or unlawful content, in violation of the law or potentially infringing on intellectual property and/or industrial rights, they must immediately inform Dunique Marbella so that appropriate measures can be taken.
License on Communications
6.1. In the event that the User sends any type of information to Dunique Marbella through the website, using the channels provided for this purpose on the website itself, the User declares, guarantees, and accepts that they have the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret, or any other third-party rights, that such information is not confidential, and that such information is not harmful to third parties.
6.2. The User acknowledges and accepts responsibility and will indemnify Dunique Marbella for any communication they provide personally or on their behalf, with such responsibility covering the accuracy, legality, originality, and ownership of the information.
Responsibilities and Guarantees
The User must use the Website and its content in accordance with what is established in this Legal Notice, current legislation, and good faith. Any use of the website or its content contrary to these general conditions, the law, or good faith is expressly prohibited, regardless of whether such use has an economic purpose or not. The User will be responsible for any damage or harm caused to Dunique Marbella or third parties directly or indirectly as a result of any use that the User makes of the website or its content that is contrary to these conditions, the law, morality, public order, or good faith.
In order for the website and its content to be accessible to the User, Dunique Marbella requires services provided by third parties. Despite the efforts made by Dunique Marbella to keep the website available and accessible to users, the availability of the website may be suspended, interrupted, or canceled due to reasons beyond Dunique Marbella’s control.
Therefore, Dunique Marbella does not guarantee or accept responsibility for: (i) the continuity of the content of the Website; (ii) the absence of interruptions or errors in accessing the website or its content, or that they are always up-to-date or displayed in their latest version. Consequently, Dunique Marbella disclaims any responsibility for damages or harm that may result to the User as a result of the suspension, interruption, lack of continuity, network failure, or disconnection of the website.
Under no circumstances and under no concept will Dunique Marbella be liable for damages or harm to the user arising from causes not attributable to Dunique Marbella, such as, by way of example and not limited to, natural disasters, force majeure situations, extreme emergencies, viruses, harmful components, browser malfunctions, network outages, computer intrusions, or third-party attacks.
Links to Third-Party Websites
Consequently, Dunique Marbella cannot assume any responsibility for any aspect related to the web page that may be linked to from the Website, including but not limited to its operation, accessibility, data, information, files, quality and reliability of its products and services, its own links, and any of its content in general.
In this sense, if Users have effective knowledge of the illegality of activities carried out through these third-party websites, they must immediately report it to Dunique Marbella so that the access link can be disabled.
The establishment of any type of link from the Website to another external website does not imply the existence of any kind of relationship, collaboration, or dependence between Dunique Marbella and the operator of the external website.
Duration and Modification
Dunique Marbella may modify the terms and conditions established here, in whole or in part, by publishing any changes in the same manner as this Legal Notice or through any type of communication directed at the Users.
The temporal validity of this Legal Notice coincides, therefore, with the time it is displayed, until it is modified in whole or in part, at which point the modified Legal Notice will take effect.
Regardless of the provisions in the specific conditions, Dunique Marbella may terminate, suspend, or interrupt access to the Website’s content at any time without prior notice, with the User having no right to demand any compensation. After such termination, the prohibitions on content use stated in this Legal Notice will remain in effect.
10.1. The headings of the various clauses are for informational purposes only and will not affect, qualify, or expand the interpretation of this Legal Notice.
10.2. In the event of any discrepancies between what is established in this Legal Notice and the specific conditions of each specific service, the latter shall prevail.
10.3. If any provision or provisions of this Legal Notice are considered null or unenforceable, in whole or in part, by any competent court, tribunal, or administrative body, such nullity or unenforceability will not affect the other provisions of this Legal Notice.
10.4. The failure or non-exercise by Dunique Marbella of any right or provision contained in this Legal Notice will not constitute a waiver of it, unless acknowledged and agreed to in writing by Dunique Marbella.
The relationships established between Dunique Marbella and the User will be governed by the provisions of current regulations regarding applicable law and competent jurisdiction. However, in cases where regulations allow the parties to submit to a jurisdiction, Dunique Marbella and the User, with express waiver of any other jurisdiction that may correspond to them, will submit any disputes and/or litigation to the knowledge of the Courts and Tribunals of the city of Barcelona.