TERMS AND CONDITIONS

Terms and conditions were last updated on March 23, 2023.

1. Introduction

These Terms and Conditions apply to this website and to transactions involving our products and services. You may be bound by additional agreements relating to your relationship with us or to any products or services you receive from us. If any provisions of the additional agreements conflict with any provisions of these Terms, the provisions of these additional agreements will control.

2. Linkage

By registering on, accessing or otherwise using this Web site, you agree to be bound by the terms and conditions set forth below. Your mere use of this website implies your knowledge and acceptance of these Terms and Conditions. In some particular cases, we may also ask you to explicitly agree to them.

3. Electronic communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or send you an email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including, without limitation, the requirement that such communications be in writing.

4. Intellectual Property

We or our licensors own and control all copyright and other intellectual property rights in the website, and the data, information and other resources displayed by or accessible within the website.

Unless the specific content indicates otherwise, you are not granted a license or any other rights under any copyrights, trademarks, patents or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, ~~will embed~~ in any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, trade or otherwise make use of any resource on this website in any form without our prior written permission, except and only to the extent otherwise provided by mandatory law (such as the right of quotation).

5. Newsletter

Notwithstanding the foregoing, you may forward our newsletter in electronic format to others who may be interested in visiting our website.

6. Property of third parties

Our website may include hyperlinks or other references to third party websites. We do not control or review the content of third party websites accessed from this website. Products or services offered by other websites will be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or the content of these sites. You assume all risks associated with the use of these websites and any related third party services. We will not accept any liability for any loss or damage, howsoever arising, resulting from your disclosure of personal information to third parties.

7. Responsible use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional agreements with us, and applicable laws, regulations and generally accepted online practices and industry guidelines. You must not use our website or our services to use, publish or distribute any material consisting of (or linked to) malicious computer software; use data collected on our website for any direct marketing activities; or conduct any systematic or automated data collection activities on or in connection with our website.

It is strictly forbidden to carry out any activity that causes or may cause damage to the website or interfere with its operation, availability or accessibility.

8. Registration

You may register for an account on our website. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information or secure access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account cancellation, you will not attempt to register a new account without our permission.

9. Return and Refund Policy

9.1 Right of withdrawal

You have the right to terminate the contract within 14 days without giving any reason.

The withdrawal period shall expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You will find our contact details below. You may use the attached model withdrawal form, but it is not mandatory.

If you use this option, we will promptly communicate to you an acknowledgement of receipt of such withdrawal on a durable medium (e.g. by e-mail).

To comply with the withdrawal period, it is sufficient for you to send your communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.

9.2 Consequences of withdrawal

If you terminate the contract, we will reimburse to you all payments received by us, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to terminate the contract. We will carry out such refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.

We will pick up the goods.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note that there are some legal exceptions to the right of withdrawal and therefore some items cannot be returned or exchanged. We will inform you if this applies to your particular case.

10. Submission of ideas

Do not submit ideas, inventions, works of authorship or other information that may be considered your own intellectual property that you would like to submit to us unless we have first signed an intellectual property or non-disclosure agreement. If you communicate it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

11. Termination of use

We may, in our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the website or any Services on the website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any Content you have contributed or relied upon is permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

12. Warranties and Liability

Nothing in this section shall limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This web site and all of its contents are provided on an "as is" and "as available" basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy or completeness of the Content. We do not warrant that:

this website or our products or services will meet your requirements;

this web site will be available on an uninterrupted, timely, secure or error-free basis;

the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing contained in this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this section shall apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or damage to property or data) incurred by you or any third party arising out of your access to or use of our website.

Except to the extent any additional agreement expressly provides otherwise, our maximum liability to you for all damages arising out of or relating to the website or any products or services marketed or sold through the website, regardless of the form of legal action imposing liability (whether in contract, equity, negligence, willful misconduct, tort or otherwise) shall be limited to the total price you paid us to purchase such products or services or use the website. Such limit shall apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

13. Privacy

To access our website and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and up to date.

We take your personal information seriously and are committed to protecting your privacy. We will not use your email address to send unsolicited messages. Any email we send you will only be in connection with the provision of agreed products or services.

We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.

14. Export Restrictions / Legal Compliance

Access to the Website from territories or countries where the Content or the purchase of products or Services sold on the Website is illegal is prohibited. You may not use this website in violation of Spanish export laws and regulations.

15. Assignments and assignments

You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section shall be null and void.

16. Breaches of these Terms and Conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the Website, contacting your Internet service provider to request that it block your access to the Website, and/or taking legal action against you.

17. Indemnification

You agree to indemnify, defend and hold us harmless from and against all claims, liabilities, damages, losses, losses and expenses, related to your violation of these Terms and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs and expenses related to or arising from such claims.

18. Disclaimer

Failure to comply with any of the provisions set forth in these Terms and Conditions and any Agreement, or failure to exercise any break option, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any Agreement or any part thereof, nor the right thereafter to enforce any and all provisions.

19. Language

These Terms and Conditions shall be construed and interpreted exclusively in Spanish; Castilian. All notices and correspondence shall be exclusively in that language.

20. Full agreement

These terms and conditions, together with our privacy statement and our cookie policy, constitute the entire agreement between AZ TRADING PERFORMANCE, S.L. and you in relation to your use of this website.

21. Updating of these Terms and Conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically review these Terms and Conditions for changes or updates. The date indicated at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will be effective when such changes are posted on this website. Your continued use of this website following the posting of changes or updates will be deemed notice of your agreement to comply with and be bound by these Terms and Conditions.

22. Choice of law and jurisdiction

These Terms and Conditions shall be governed by the laws of Spain. Any dispute relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Spain. If any part or provision of these Terms and Conditions is held by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision shall be modified, eliminated and/or enforced to the fullest extent permissible so as to effect the intent of these Terms and Conditions. All other provisions shall remain unaffected.

Contact information

This website is owned and operated by AZ TRADING PERFORMANCE SL.

You may contact us regarding these terms and conditions by writing or e-mailing us at the following address: Aztrading@aztrading.es.

24. Download

You can also download our terms and conditions as a PDF.