Imprint

Engel & Völkers Mijas

Legal Notice

Purpose and Acceptance

This legal notice governs the use of the website https://www.engelvoelkers.com/es/es/shops/mijas (hereinafter, the Website), which is operated and managed by FAMASA REAL ESTATE, S.L. (hereinafter, THE PROVIDER or FAMASA).

Browsing the PROVIDER's Website confers the status of User and implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may be modified.

The PROVIDER reserves the right to make, at any time and without prior notice, any modification to any of the elements comprising the design, content, and configuration of the Website, and to expand or reduce services. User access after any modification implies acceptance of the changes made.

The User agrees to make proper use of the Website, in accordance with the law, good faith, public order, accepted internet practices, and this Legal Notice. The User will be liable to the PROVIDER, the Engel & Völkers group, or third parties for any damages that may be caused as a result of breaching this obligation.

The content displayed on the Website, as well as comments and information on any of the platforms or social networks that THE PROVIDER may use as communication channels, are for informational purposes only and should not be considered as such under any circumstances.

Access to the Website does not, in any way, imply the beginning of a commercial or any other type of relationship between the User and THE PROVIDER.

IDENTIFICATION AND COMMUNICATIONS

In compliance with Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, THE PROVIDER informs you that:

- The responsible party is FAMASA REAL ESTATE, S.L.

- Your tax identification number (NIF) is: B87963815

- Your address is: Calle Hermosilla, 46 - 1 IZ, 28001, Madrid (Madrid).

- Registered in the Mercantile Registry of Madrid, Volume 36683, Folio 66, Section 8, Page M-657675

To contact us, we offer several methods, which are detailed below:

- Email: mijas@engelvoelkers.com

- Phone: +34 951 666 006

All notifications and communications between Users and THE PROVIDER will be considered effective for all purposes when made by mail or any other means detailed above.

TERMS OF ACCESS AND USE

The purpose of this Legal Notice is to provide those who access, browse, or consult the content of the Website (in this document, the “User” or the “Users”) with the rules governing the use of this Website.

The Website and its services are free and open to the public; however, THE PROVIDER requires, or may require, the prior completion of the corresponding form for the use of some of the services offered on its website.

This Website has been developed for informational, promotional, and real estate brokerage purposes, facilitating public access to information regarding the portfolio of properties (sales and rentals) managed by the entity in its area of operation.

Users must, in any case, carefully read this Legal Notice each time they use the Website, as its content may be modified as the PROVIDER deems appropriate.

If any of the provisions contained in this Legal Notice is declared null and void, it 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.

The User is aware and accepts that the use of the Website is carried out in all cases under their sole and exclusive responsibility.

The User guarantees the authenticity and currency of all data provided to THE PROVIDER and will be solely responsible for any false or inaccurate statements made.

The User expressly agrees to make appropriate use of THE PROVIDER's content and services and not to use them for, among other things:

(a) Disseminating content that is criminal, violent, pornographic, racist, xenophobic, offensive, promotes terrorism, or is generally contrary to law or public order.

(b) Introducing computer viruses into the network or carrying out actions that could alter, damage, interrupt, or cause errors or harm to the electronic documents, data, or physical and logical systems of THE PROVIDER or third parties; as well as hindering other Users' access to the Website and its services by massively consuming the computing resources through which THE PROVIDER delivers its services.

(c) Use automated systems, bots, or data mining software to collect commercial information without express authorization.

(d) Attempt to access other Users' email accounts or restricted areas of THE PROVIDER's or third parties' computer systems and, where applicable, extract information.

(e) Infringe intellectual or industrial property rights, as well as violate the confidentiality of THE PROVIDER's or third parties' information.

(f) Impersonate another User, public authorities, or a third party.

(g) Reproducing, copying, distributing, making available, or otherwise publicly communicating, transforming, or modifying the content, unless authorized by the holder of the corresponding rights or legally permitted.

(h) Collecting data for advertising purposes and sending advertising of any kind and communications for sales or other commercial purposes without prior request or consent.

The User shall be liable to THE PROVIDER or to third parties for any damages that may arise as a result of breaching these obligations.

The User agrees to make appropriate use of the content and services that THE PROVIDER offers or may offer through its portal. In any case, THE PROVIDER shall not be responsible for the opinions expressed by Users through forums, chats, or other participation tools that may be established in the future.

Intellectual and Industrial Property

The User acknowledges and accepts that all intellectual and industrial property rights to the “Engel & Völkers” trademark, its logos, domain names, corporate graphic design, underlying software, source code, and web platform technology are the exclusive property of Engel & Völkers GmbH. FAMASA holds only a legitimate right of use as an authorized licensee for the territory of Mijas.

Furthermore, the specific content published in this section of the Website, including but not limited to: photographs of properties, videos, virtual tours, floor plans, descriptive texts, and technical specifications of the properties, constitutes a work protected by intellectual property law, the exploitation rights of which belong to FAMASA.

The reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding, or use of any kind, by any means or procedure, of any of the Website's content is expressly prohibited, except where legally permitted or authorized by the holder of the corresponding rights.

Users accessing this Website may view the content and, where applicable, make authorized private copies, provided that the reproduced elements are not subsequently transferred to third parties, installed on network servers, or used for any other purpose.

Users must refrain from obtaining, or attempting to obtain, the Content by means or procedures other than those made available to them or indicated for that purpose, or those commonly used on the Internet, provided that the latter do not pose a risk of damage to or disablement of the Website.

FAMASA reserves the right to take appropriate civil or criminal action against users who infringe its intellectual and industrial property rights or those of the licensor parent company.

USER LIABILITY

Users shall be liable for any damages of any kind that the PROVIDER or the Engel & Völkers group may suffer, directly or indirectly, as a result of the breach of any of the obligations arising from these terms of use or from the total or partial reproduction not expressly authorized in writing, for any purpose.

In particular, any User who breaches these conditions shall indemnify and hold FAMASA harmless against any claim, demand, or administrative penalty that may arise from such breach, assuming the cost of any damages and legal defense expenses (attorneys and court agents) that may be incurred.

It is the User's responsibility to adopt all appropriate technical measures to reasonably control the threats that may arise during data and information transmissions over the Internet. Among these measures, the User must have up-to-date systems for detecting malicious software, such as viruses, Trojans, etc., keep the security patches of the corresponding browsers and operating systems updated, and use networks whose security has been verified.

FAMASA is not liable for any damages or losses that may arise from interference, omissions, interruptions, computer viruses, telephone malfunctions, or disconnections in the operation of this electronic system, caused by reasons beyond FAMASA's control.

EXCLUSION OF WARRANTIES AND LIABILITIES OF THE PROVIDER

The content of this Website is general in nature and is for informational purposes only. Access to all content is not guaranteed, nor is its completeness, accuracy, validity, or timeliness, nor its suitability or usefulness for any specific purpose.

FAMASA obtains data from third parties (owners, public records, or collaborators), and although it exercises the utmost diligence in verifying this data, it does not guarantee its complete accuracy, completeness, or validity. Consequently, this information does not constitute a binding contractual offer. The property price does not include taxes (Property Transfer Tax, VAT, Stamp Duty), nor notary, registry, or administrative fees. FAMASA disclaims all liability for unintentional errors or omissions in the property listings, always recommending that the User physically and with documentation verify the data before finalizing any purchase, sale, or rental transaction. FAMASA, as a franchisee, relies on the technological infrastructure provided by its parent company, Engel & Völkers GmbH. Therefore, it cannot guarantee uninterrupted or error-free access to the Website, nor the absence of viruses or other harmful elements in the systems that may cause damage to the User's computer equipment.

The Provider excludes, to the extent permitted by law, any liability for damages of any kind arising from:

(a) Errors or omissions in the content of the Website and does not guarantee the accuracy, completeness, or timeliness of the information on the Website. The information on the Website is subject to change, which may be made at any time without prior notice.

(b) The inability to access the Website or the lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of defects of any kind in the content transmitted, disseminated, stored, or made available through the Website or the services offered.

(c) The presence of viruses or other harmful elements in the content that may cause damage to the computer systems, electronic documents, or data of Users.

(d) Failure to comply with laws, good faith, public order, accepted internet practices, and this legal notice as a result of improper use of the Website. In particular, and by way of example, THE PROVIDER is not responsible for the actions of third parties that infringe intellectual and industrial property rights, trade secrets, rights to honor, personal and family privacy, and image rights, as well as regulations on unfair competition and illegal advertising.

Furthermore, THE PROVIDER disclaims all responsibility for information found outside this website and not directly managed by our webmaster. The function of the links appearing on this website is solely to inform the User about the existence of other sources that may expand upon the content offered by this Website. THE PROVIDER does not guarantee or assume responsibility for the operation or accessibility of the linked sites; nor does it suggest, invite, or recommend visiting them, and therefore will not be responsible for the results obtained. The provider is not responsible for the establishment of hyperlinks by third parties. Although FAMASA adopts the technical and organizational security measures required by current regulations to protect information, it cannot guarantee the absolute invulnerability of Internet security systems. Therefore, it will not assume responsibility for damages resulting from alterations that third parties may cause to the User's computer systems, electronic documents, or files through illegitimate intrusions beyond FAMASA's control.

LINKING POLICY

Establishing Links to the Website

The establishment of a hyperlink does not imply in any way the existence of a relationship between THE PROVIDER and the owner of the website where it is established, nor the acceptance or approval by THE PROVIDER of its content or services. Those wishing to establish a hyperlink must first request written authorization from THE PROVIDER.

The establishment of links to the Website is prohibited unless previously authorized in writing by FAMASA.

If the link is authorized by THE PROVIDER, in accordance with the previously established terms, it must be established under the following conditions:

(a) The hyperlink will only allow access to the homepage of our Website or to specific property listings, but may not reproduce them.

(b) You must refrain from making false, inaccurate, or misleading statements or indications about THE PROVIDER.

(c) Under no circumstances does the authorization granted by THE PROVIDER for the creation of a link imply any type of sponsorship, collaboration, verification, or supervision of the content and/or services provided through the linking site, nor does it imply responsibility for the content of said site.

(d) The linking site must comply fully with the Law and may not, under any circumstances, host content, whether its own or from third parties, that: (i) is illegal, harmful, or contrary to morality, public order, and good customs; or (ii) induces or may induce the User to falsely believe that THE PROVIDER subscribes to, adheres to, or in any way supports the ideas, statements, or expressions, whether legal or illegal, of the sender; or (iii) is inappropriate or irrelevant in relation to the business of FAMASA and the Engel & Völkers brand.

In the event of non-compliance with any of the aforementioned terms, THE PROVIDER will proceed immediately and without prior notice to remove the link.

The Provider is not responsible for the use that each User makes of the materials provided on this Website, nor for any actions taken based on them.

External Links from the Website

Any access to a third-party website through browsing this Website does not imply any recommendation, promotion, identification, or endorsement by the Provider of the statements, content, or services provided through that website.

When a User clicks on a link published on this Website and is redirected to a third-party website, they are leaving this Website and, therefore, are no longer subject to these terms of use.

Consequently, THE PROVIDER is not responsible for the content of these third-party websites, nor for their terms of use and privacy policies. The User of these websites is solely responsible for reviewing and accepting them each time they access and use them.

SUBMISSION OF INFORMATION BY THE USER

If the User submits any type of information to THE PROVIDER, they declare and warrant that they are submitting it freely and that said information does not infringe intellectual property rights, industrial property rights, trade secrets, or any other rights of third parties.

The User assumes full responsibility and will indemnify FAMASA for any communication they provide personally or on their behalf. This responsibility extends without limitation to the accuracy, legality, originality, and ownership of said communication.

Notwithstanding the foregoing, all processing of personal data or confidential documentation provided by the User will be governed strictly by the provisions of the Privacy Policy and will be treated with the utmost confidentiality and discretion, in accordance with current regulations.

PRIVACY POLICY

You can review our privacy policy at the following link: https://www.engelvoelkers.com/es/es/shops/mijas/politica-de-privacidad

COOKIE POLICY

The User is informed that this Website operates under the technological infrastructure and domain owned by Engel & Völkers GmbH. Therefore, the installation, management, and configuration of cookies and technical tracking technologies depend on the parent company's global policy.

For more information about the cookies used on this Website and how to configure or reject them, the User should refer to the group's corporate Cookie Policy, accessible at: https://www.engelvoelkers.com/es/es/politica-de-cookies

RIGHT OF EXCLUSION

The PROVIDER reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own discretion or at the request of a third party, to those Users who violate these Terms of Use or applicable law.

ACCEPTANCE OF THE TERMS OF USE

By accessing and using this Website, the User fully accepts and is therefore bound to comply with the terms and conditions contained in this Legal Notice, as published by THE PROVIDER at the time of access.

If the User does not agree with these Terms of Use, they must leave this Website and may not access or use the services offered herein.

The User declares that they have sufficient legal capacity to be bound by these Terms of Use. If the User is a minor, they must have the prior authorization of their parents or legal guardians, who will be responsible for the minor's use of the Website.

PROCEDURE IN CASE OF UNLAWFUL ACTIVITIES

If any User or a third party believes that there are facts or circumstances that reveal the unlawful nature of the use of any content and/or the performance of any activity on the web pages included in or accessible through the Website, they must send a notification to THE PROVIDER, via email or postal address indicated in the first section, properly identifying themselves, specifying the alleged infringements, and expressly declaring, under their own responsibility, that the information provided in the notification is accurate.

Once the notification is received, FAMASA will act with due diligence to remove the content or disable access to it if its unlawfulness is confirmed, in accordance with current legislation.

APPLICABLE LAW AND JURISDICTION

The laws applicable to the Website, as well as to the relationship between FAMASA and the User, shall be those of Spain. Therefore, any dispute relating to the content or use of the website shall be governed by the laws of Spain.

For the resolution of any dispute or litigation that may arise in relation to the interpretation, application, or fulfillment of these terms and conditions, the parties expressly waive any other jurisdiction that may correspond to them and voluntarily submit to the jurisdiction of the Courts of Madrid.

In the event that the User has the legal status of Consumer and User pursuant to Royal Legislative Decree 1/2007, the above submission clause shall not apply, and in such case the dispute shall be submitted to the Courts and Tribunals of the User's domicile, as established by current mandatory legislation.