IMPORTANT: BY USING THE SERVICES (AS DEFINED BELOW) YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT USE THE SERVICES.
1. First of all, be aware...
That thebest5.es is not an online store, but a service of product recommendation and price comparison. That means:
· No products or services can be purchased, booked or ordered.
· We cannot give you information about the status of your order, reservation or contract.
· We cannot inform you about the services of online shops, suppliers or companies. Please contact the online shop, supplier or company directly. In case of disputes between online shops and consumers, the latter can use the online dispute resolution platform.
Please do not hesitate to contact us if you find an error on our website by writing to us at email@example.com
General conditions of use for the service of these web pages
Identifying data of the owner of the website
The provider of the website is Tbest Intelligent technology S.L. with address at P/ Fray Francisco 27 3º D 01007, Vitoria, Spain (hereinafter also referred to as "The Best 5").
The services of the website
The website is intended for end users (hereinafter also referred to as "customers") who purchase or order products and services over the Internet, or who wish to be informed (also reciprocally) about them. The website provides customers, free of charge, with recommendations on the best products available online based on studies of opinions of third parties as well as price comparisons of these offered on third party websites - including affiliated white label companies - (hereinafter also referred to as "online shops").
This information does not constitute binding offers by The Best 5. The search for information is highly automated and is based primarily on information received by The Best 5 from online shops and third parties (e.g. manufacturers and media). The data of the individual online shops and third parties are updated several times a day by means of automated processes. Differences may occur in some cases, in particular with regard to prices (and therefore the order in which offers are sorted) as well as the availability and delivery of products and services. Due to the amount of information processed, possible errors cannot be completely excluded, especially those based on erroneous information provided by online shops and third parties. Therefore, The Best 5 cannot assume any liability for the accuracy of the information provided. This does not apply if The Best 5, for example through a customer notification, becomes aware of such an error and still does not correct the information or have it corrected by the online shop or the third party.
The Best 5 warns that not all online shops and offers on the market are taken into account. The selection of these is made exclusively at the discretion of The Best 5 and the online shops. The results of the comparison shown are intended to serve the customer as a summary of the offers of the online shops subject to a paid cooperation agreement with The Best 5 and are not intended to be exhaustive. The Best 5 reserves the right to remove different products and services from the comparison without prior notice.
Analysis of third party products
If you are interested in a review of any of your products, please contact us, we will be happy to work together. We do not accept any product or money in exchange for positioning an article in our ranking. Our ranking is completely automated and there are no manual changes made by us. However, we can make an analysis and publish it on our website. Our modus operanding in this sense is that you send us the product you want us to study. We have a blog in which we publish the objective analysis (pros and cons) that we have made of your products. In addition, we will link to your website through our CPC system.
Our goal is not to stay and benefit from the products that send us the brands so we resell them to third parties. Write to us at firstname.lastname@example.org if you are interested.
The Best 5 does not enter into contracts of sale, provision of services or otherwise on the purchase of products or services displayed on the website. Contracts on the purchase of products or services displayed on the website will be established exclusively between customers and online stores. Consequently, such contracts are subject to the General Terms and Conditions (including information on the right of revocation) of the online shops. In case of intention to purchase, the website will generally direct customers directly to the website of the online store that submitted the corresponding offer. Before entering into a contract or placing an order, the customers themselves must check all information relevant to the contract and its topicality, according to the information of the online shops in question. The Best 5 warns that customers who make payments in advance to online stores, will assume responsibility in case of default by those stores.
The trade names, logos and/or product names appearing on the website are registered trademarks and protected by their respective owners.
Customers will be able to comment directly on the website about online shops, products and services (hereinafter also referred to as "services") through text and image contributions as well as ratings (hereinafter also referred to as "ratings"). Such participation is not legally enforceable and may not be forcibly claimed or otherwise required. Customers have no right to have their contributions published.
The customer may only value services if he has actually been a user of the services, does not charge for them and is not the owner or employee of the services. The valuation must be demonstrable, according to current law, and may not contain abusive criticism. The Best 5 explicitly distances itself from the content of third party ratings published on its websites and assumes no liability whatsoever for them. The rated services can send their reasoned objections against these ratings to email@example.com The Best 5 will check the rating as soon as possible and, if necessary, remove it or ask the user to modify it.
By sending opinions and contributions of text or images, the author grants The Best 5 the right of simple, free, revocable use without territorial or temporal limitations (including the right of edition, provided that the edition and modification are carried out maintaining the intellectual characteristics of the work, as well as the right of translation) on the contribution sent in the form of an evaluation. The author waives the right to be mentioned as such. The foregoing rights of use are limited to the content and scope necessary for the operation and provision of services of The Best 5.
When a user gives us their email when they leave an evaluation of a product or a shop or for price reduction alerts, The Best 5 will save it in its database and may use it to send our newsletter. If you want to unsubscribe from this newsletter, just click on "unsubscribe" at the bottom of the email you received and you will be automatically unsubscribed.
Exemptions from customer contributions
The customer in question shall indemnify The Best 5 from any claims of third parties against The Best 5 due to the inclusion of their contributions in the form of text or images. The client shall bear the costs of the necessary legal defence (in particular legal costs and attorneys' fees) caused to The Best 5 by the assertion of its legal rights. This shall not apply if the infringement is not attributable to the customer.
Without prejudice to the other legal conditions of claim, The Best 5's liability - arising from any legal cause - is subject to the following exclusions and limitations of liability: The Best 5 is liable in case of intent or gross negligence. In the case of simple negligence, The Best 5 shall only be liable if it has breached an obligation without whose proper performance the performance of the contract would not have been possible and in the performance of which the other contractual party could have relied (the so-called cardinal obligation). Otherwise any liability for damages is excluded, irrespective of the basis of the claim and including liability for culpa in contrahendo. Insofar as The Best 5 is liable in case of gross negligence according to the above stipulations, its liability shall be limited to the damage that should typically be expected according to the circumstances known at the time of the conclusion of the contract. The above exclusions and limitations of liability do not apply in cases of mandatory civil liability, in particular according to the Product Liability Act, if a guarantee has been assumed or in case of culpable injuries to life, limb and health.
The above exclusions and limitations of liability shall also apply to employees, vicarious agents and other third parties to whom The Best 5 has recourse for the performance of the contract.
The Best 5 assumes no liability or guarantee for the type, scope and quality of products, services or information offered by online shops and other third parties to which it refers directly or indirectly, for example through links. In particular, no liability or guarantee is assumed for the functionality and compatibility of systems, programs etc. which do not form a direct part of its offer and over which it therefore has no influence. Therefore, The Best 5 cannot guarantee the accessibility, content, technical configuration and operation of the websites of online shops and/or third parties, as well as the products, services, information and other services offered or not offered therein.
Warnings on intellectual property rights
The website contains data, search results, texts, graphics, software and other information which are protected for The Best 5 and its affiliated companies by intellectual property rights, in particular under copyright and trademark law. Copies, public reproductions, modifications and other interventions in the above rights are only permitted, in whole or in part, with the prior written permission of The Best 5, provided that no legal limitation applies. Any unauthorised intervention is a violation of the above legal regulations and will be prosecuted. In particular, the automated extraction of data from the database and the website (e.g. by scraping) as well as the inclusion of contents from the website in the frame is not permitted without the permission of The Best 5. The user may only use the application for the individual comparison of offers from online shops for his own needs.
Application of Spanish Law and Law
The use of the website and these General Conditions of Use shall be governed exclusively by the laws and rights of Spain.
Jurisdiction and Severability Clause
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between the customer and The Best 5 shall be the domicile of The Best 5.