FUN DAS BCN, S.L., having its address in the street Calle Dalmases, 20 5B, 08017 Barcelona, with Tax Identification Code number B-65823221,is the proprietor of the portal http://fundasbcn.com/ (hereinafter, the Portal) and makes it available for Internet users with both the purpose of providing information on the products of FUN DAS BCN and that of permitting on-line sales via the Portal.
These Conditions are the only conditions applicable to the use of this web site and substitute any others, except in the case of express prior consent in writing by the Seller. These Conditions are important both for you and for us given that they have been designed to create a legally-binding agreement between us, protecting your rights as a client and our rights as a company. You declare that, on placing your order, you have read and accept these Conditions, without any reserve whatsoever. You accept the following:
- You may only use the web site to raise queries or place orders that are legally valid.
- You may not place any speculative, false or fraudulent orders. If we have any reasonable reasons to consider that an order of this kind has been made, we will be authorized to cancel the same and to inform the pertinent authorities.
- You also undertake to provide us, truly and correctly, with your e-mail address, postal address, and/or any other contact details, and you consent to us being able to use this information to be able to contact you should this be necessary (see our Declaration of Privacy).
- If you do not provide us with all of the information that we need, we will not be able to process your order. On placing an order via this web site, you are guaranteeing to us that you are over 18 years of age and that you have legal standing to conclude binding contracts.
The User undertakes to use the contents of the web page in a diligent, correct and licit manner.
The User recognizes and accepts that the use of the web page and of its services is made under its full responsibility.
Liability of FUN DAS BCN, S.L.
FUN DAS BCN, S.L. declares that it has adopted all necessary measures, within its possibilities and according to the state of technology, in order to guarantee the operation of the web page and to prevent the existence and transmission of any virus and/or other components that may cause detriment to the User.
We shall not be liable for any non-fulfilment or day in the fulfilment of any of the obligations that we may assume under a Contract the cause of which may be due to events that are beyond our reasonable control ("Cause of Force-majeure"). Causes of Force-majeure shall include any acts, events, lack of exercise, omissions or accidents that may be beyond our reasonable control, and they shall include, especially (without limitation), the following:
- Strikes, lockouts or other measures of claims.
- Civil commotions, revolts, invasions, terrorist attacks or terrorist threats, wars (whether or not they may have been declared) or threats of or preparations for war.
- Fires, explosions, storms, floods, earthquakes, sinking, epidemics or any other natural disasters.
- The impossibility of using trains, boats, airplanes, motorized transport or other means of transport, whether public or private.
- The impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of other governments.
- Strikes, failures or accidents in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligation to comply by virtue of any Contracts shall be suspended throughout the period during which the Cause of Force-majeure may last, and we shall have an extension of the term within which to comply with our obligation while such period lasts. We shall provide all reasonable means for the finalization of the Cause of Force-majeure or in order to find a solution by means of which we may be able to comply with our obligations by virtue of the Contract in spite of the Cause of Force-majeure.
The Contract between you and us is binding both for you and for us, as well as for our respective successors or assignees. You may not transmit, assign, encumber, or, in any other manner, transfer any Contract or any of the rights or obligations derived from the same in your favour or for you without having obtained our prior consent in writing. We may transmit, assign, encumber, sub-contract, or, in any other manner, transfer any Contract or any of the rights or obligations derived from the same in our favour or for us, at any moment during the period of validity of the Contract. To prevent any doubt, said transmissions, assignments, encumbrances or other transfers shall not affect your legally-recognized rights as consumers or cancel, reduce or limit, in any other form, any express or tacit guarantees that we may have granted to you.
The relationship established between the User and the owner of the web page shall be governed by that provided in regulations in force relating to the applicable legislation and the competent jurisdiction. Nevertheless, in those cases in which regulations may allow for the possibility of the parties voluntarily submitting themselves to a jurisdiction, FUN DAS BCN, S.L. and the User, expressly waiving any other jurisdiction to which they may be entitled, submit themselves to the courts and tribunals of Barcelona. All purchase and sale contracts for products via our web site shall be governed by Spanish legislation.
Resolution of online litigation in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/."
All contents included in the web page, and, in particular, marks, trade names, industrial designs, designs, texts, photographs, graphic signs, logos, icons, software, or any other signs or works that may be subject to industrial and commercial use are protected by industrial and intellectual property rights of FUN DAS BCN, S.L. or of third parties owning the same that have authorized their inclusion in the web page. Any use and/or reproduction of the same without the express consent of FUN DAS BCN, S.L., by any means, including the Internet (domain names, social networks, blogs, etc.) is therefore forbidden.
FUN DAS BCN, S.L. shall not be responsible or liable for the infringement of any third-party intellectual or industrial property rights that may be derived from the inclusion in the web page of any marks, trade names, industrial designs, patents, texts, photographs, graphic signs, logos, icons, software, belonging to any third parties who may have declared themselves the owners of the same on including them in the web page.
In no case shall it be understood that access and browsing by the User implies authorization or that the waiver, transmission, total or partial assignment of said rights, or the concession of any rights or expectations of rights, is being carried out, and, specifically, the altering, transformation, operational use, reproduction, distribution or public communication of said contents without the express prior authorization of FUN DAS BCN, S.L. or of the corresponding owners.
No links may be established to the Portal from any other webs without the express prior consent of FUN DAS BCN, S.L.
Any links that may be established must always be made to the main page of FUN DAS BCN, S.L., or, where appropriate, to that which FUN DAS BCN, S.L. may establish, with said link being absolute and complete in such a manner that it may take the User to the site of FUN DAS BCN, S.L.,which must cover the entire screen area of the main page.
FUN DAS BCN, S.L. shall not be responsible or liable for the content of any destination web pages that may be established by means of links in the Portal or for any infringements of third-party rights that said pages may incur.