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TERMS AND CONDITIONS
The Company strongly advices the user to print or save a copy of these Terms and Conditions, even though they will be available at all times on the Website.
BY USING THIS WEB SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Web Site.
Specific Product Information
Among other things, the Web Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the Web Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Web Site contains specific terms and conditions or disclaimer (hereafter referred as “specific terms”) concerning its use. Those Specific Terms are in addition to these Terms. To the extent that there is a direct conflict, between these Terms and the Specific Terms, the Specific Terms shall prevail
Changes in Terms
The Company has the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new Terms and Conditions with respect to access to or use of the Web Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Web Site. You are responsible for reviewing the Web Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by the Company to these Terms. ANY ACCESS OR USE OF THE WEB SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS.No modification to these Terms by any party other than us shall be valid or enforceable against the Company unless expressly agreed to by us in writing signed by a duly authorized officer of the Company.
These Terms are effective until terminated by the Company.
The Company may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Web Site, and the restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
The Company shall also have the right without notice and at any time to terminate the Web Site or any portion thereof, or any products or services offered through the Web Site, or to terminate any individual’s right to access or use the Web Site or any portion thereof.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Web Site and your purchase of the items on the Web Site. You must be at least 18 years old to use the Web Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Web Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. The Company may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on the Company in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by the Company or by third parties that have licensed their use to the Company. You may view and use the Content only for your personal information and for shopping and ordering on the Web Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, the Company does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Web Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by the Company is strictly prohibited.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute any form of all or part of the contents on the service, if you do not have the express written permission of the Company or, where appropriate, the rights holder.
Likewise, unless expressly authorized, it is prohibited, under the terms and subject to the penalties under current laws that are applicable, the removal or alteration of the technologies and information regarding management rights contained in the works and the subject of this transmission as well as distribution, importation for distribution, public performance, broadcasting and radio broadcasting, public communication in all its forms or making available of such works and performance or copies and transmissions which have removed or altered such information without authorization.
It is also forbidden to establish links to the web outside the limitations of using links as a means to accrue more Points in the service. If you are interested in establishing a link, you must first have the express written permission from the Company. Notwithstanding the foregoing, it is expressly prohibited to establish any links and / or similar third party devices that lead the user directly to content and/or services offered by the Company (“deep linking”).
The Website contains copyright material, trade names and brands and other proprietary information, therefore is protected by copyright laws, registered and unregistered trade marks, database rights and other intellectual property rights under the Spanish Law 15/1999 of 13 of December (LOPD) and related applicable trademark and copyright rights regulations.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT:
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the Company a written statement, signed under penalty of perjury, with a description of the alleged infringement.
Send this information to:
Flexiba Services Interactiva, S.L.
Address: Centro de Negocios Puerta de Banus, Edificio E, Oficina 32, 29660, Marbella, Málaga – Spain
Attention: Compliance Office
Linked Third Party Sites
Links to other Internet sites operated by third parties, including the Companies vendors, do not constitute sponsorship, endorsement, or approval by the Company of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Company, and the Company is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
All prices displayed on the Web Site are quoted in Euro (€). The Company reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Web Site without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Web Site do not imply endorsement of that product or service, or constitute a warranty, by the Company.
The Company reserves the right to use an agent(s) for processing orders or shipping products.
The receipt by you of an order confirmation does not constitute the Companies acceptance of an order. Prior to the Companies acceptance of an order, verification of information may be required. The Company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from the Company, for any reason. The Company reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, the Company shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your mobile account charged. If your mobile account has already been charged for the purchase and your order is canceled, the Company shall promptly issue a credit to your bank account in the amount of the incorrect price.
Disclaimers and Limitation of Liability as to the Web Site and Content
THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEB SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. THE COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEB SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE WEB SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEB SITE.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability as to Products and Services
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEB SITE, EVEN IF THE COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANIES LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless the Company, its affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Web Site. The foregoing indemnification obligation shall survive the termination of these Terms and the Web Site and any product or service provided to you arising out of or relating to your use of the Web Site.
Except as otherwise expressly provided herein or in the Companies Privacy Statement posted on the Web Site, any communication or material you transmit to the Web Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by the Company, its affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, the Company, its affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication, and you shall receive NO compensation for the Companies use thereof.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
The Company shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, terrorism, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
This Agreement shall be governed by and construed in accordance with the laws of Spain, without regard to conflicts of law provisions. Additionally, any claims brought against the Company shall be governed by and construed in accordance with the laws of Spain / England and Wales. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this Web Site, or any orders placed or products purchased on or through the Web Site, shall be the court of Málaga.