TERMS AND CONDITIONS

1. Identification of the person responsible for the website

Legal information:

Tax Name: FASHION SHOW ESPECTACULAR TENERIFE SLU

Phone: 922751021

Address: Calle Isla de Tenerife, Edif. Retama, Nº23, floor 3, door 5

Postal Code: 38679

Town: Fañabé

Province: Santa Cruz de Tenerife

Country: Spain

Email: info@befunkyfashion.com

  • Code of conduct

FASHION SHOW ESPECTACULAR TENERIFE SLU (from now on referred to as BeFunky Fashion) is a sole proprietorship limited liability company, which offers sells and commercialisation of clothing, textiles, footwear and fashion goods to customers.

Befunkyfashion.com is based on the following principles with the firm purpose of satisfying the commercial needs of its users in the area of ​​fashion and textile:

  • Legality

The services offered on the BeFunky Fashion website are subject to the current legal regulations, which is why it is prohibited to apply illegal practices.

  • Honesty

BeFunky Fashiones establishes a business relationship with users based on transparency, efficiency and respect.

  • Responsibilities

It is important for us to provide opportune solutions to our users, taking into account the importance of fully complying with the agreed upon.

BeFunky Fashion is responsible for the contents that are offered on the websites of our property: beunkyfashion.com

2. Users

The access and / or use of this portal befunkyfashion.com, attributes the condition of USER, that accepts, from said access and / or use, the General Conditions of Use here reflected. The aforementioned Conditions shall apply regardless of the General Conditions of Contract, which may be obligatory.

  • Child Protection Policy

It is prohibited for minors to access and to use the portal.

BeFunky Fashion reminds users to take care of children in this aspect, who will be solely responsible if any minor incorporates their data to request a product or service. BeFunky Fashion also informs them that there are computer programs to limit the navigation by filtering or blocking certain contents.

3. Use of the portal

BeFunky Fashion reserves the right to interrupt at any time and without prior notice access to the Website, as well as to interrupt the provision of any or all of the services provided through it, whether for technical reasons, security, maintenance, failure in the electricity supply or any other cause.

Such interruption may be temporary or final. BeFunky Fashion does not guarantee the reliability and availability of its website, reason why the use of it by the user is carried out at his/her own risk.

In general, the User undertakes to comply with these conditions and terms of use, and to act always in accordance with the law, good customs and the requirements of good faith, employing proper diligence to the nature of the service of which is enjoying, and refrain from using the website in any way that may prevent, damage or deteriorate the normal operation of the same, the goods or rights of BeFunky Fashion of the rest of Users or in general of any third party.

In particular, and without implying any restriction to the obligation assumed by the user in general, in accordance with the previous paragraph, the user is obligated in the use of the website to:

  • Not to introduce, store or broadcast on or from the website any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or anything against public morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, the current regulations.
  • Not to introduce, store or broadcast on or from the website any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device likely to cause damage to the website, in any of the services, or in any of the equipment, systems or networks of BeFunky Fashion, from any User, or in general from any third party. Or that in any other way is capable of causing to the users any type of alteration or to prevent the normal functioning of the website.
  • Not to destroy, alter, use for your own use, disable or damage the data, information, programs or electronic documents of BeFunky Fashion or third parties.
  • BeFunky Fashion reserves the right to withdraw all comments and contributions that violate respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, that attack against youth or childhood, order or public safety or which, in its opinion, were not suitable for publication. In any case, BeFunky Fashion will not be responsible for the opinions expressed by users through the blog or other participation tools.
  • BeFunky Fashion may, at any time and without previous notice, modify the content of the website, as well as the present General Conditions and the Particular Conditions that, if applicable, are included, by publishing such modifications on the website so that they can be known by the users.

4. Data Protection

In the visits of the user to the Website of BeFunky Fashion (www.befunkyfashion.com) the owner of the website obtains the following information through the it:

  • The IP address assigned by the PSI to the user and the domain name of the PSI
  • The domain from which the users connected to the Internet
  • The day and time that the user has accessed the web page
  • The Internet address from which the user accessed the web site (if it was accessed through another URL)
  • The total number of visitors who access to the website
  • The name of the operating system and browser used to view the web page
  • The country to which the visitor belongs (or in his case the ISP)

All this information collected is totally anonymous and its use is mainly for marketing and technical statistics. We make use of information on the number of visits and their use as a whole, to make our site more useful and interesting for our users.

In compliance with the Organic Law of Data Protection 15/1999 of December 13, we inform you that the personal data that we could provide during navigation through our Website (at the time of registration or when submitting a form or make your query, Comment or request or when sending us an email), will happen to form part of a file owned by BeFunky Fashion.

The user AGREES ON that the personal data provided through the website, or any other, to BeFunky Fashion will be incorporated to the files of their ownership and to the sending of commercial information through the internet or any other means.

BeFunky Fashion is committed to the fulfillment of the duty of secrecy by treating the data confidentially and exclusively for the purpose of informing the general public and promoting their activities regarding the personal data they may have provided us and to fulfill the duty to establish the appropriate security measures to prevent loss and unauthorized access.

BeFunky Fashion will cancel, delete and / or block the data when they are inaccurate, incomplete or no longer necessary or relevant for their purpose, in accordance with the provisions of data protection legislation. In the data collection forms, the fields marked with an asterisk are obligatory and in case the user does not provide the corresponding data, BeFunky Fashion may refuse the corresponding service.

In the event that the information supplied is associated with a purchase, Spanish law obliges us to keep them locked for a certain period, at least for four or five years, available to the different Public Administration Bodies or to comply with legal obligations. Only the data that is not relevant to fulfill this purpose can be erased or rectified.

Our secure server guarantees the privacy of the data you transmit to us. This privacy is achieved through the SSL protocol, encrypting the data sent using the RSA encryption system, so that no one can appropriate them as it does not have the necessary password. You can verify that your browser is safe if the padlock symbol appears and you can also see that the URL varies slightly: it no longer starts with http but with https.

5. Data collection forms

The purchase of products, as well as the use of certain services through www.befunkyfashion.com, will be conditioned to the previous fulfillment of the corresponding user registration through forms. All information provided by the user through the forms of the website for the purposes above, or any other, must be truthful. To these effects, the user guarantees the authenticity of all the data that he/she communicates, and the user will keep updated the information provided, being responsible for the false or inaccurate information that he/she produces and of the damages that cause to BeFunky Fashion.

In the data collection forms, the fields marked with an asterisk are obligatory and in case the user does not provide the corresponding data, BeFunky Fashion may refuse the corresponding service.

The user AGREES ON that the personal data provided through the website, or any other site, to BeFunky Fashion will be incorporated into the files of their ownership and for the sending of commercial information through the internet or any other means.

6. Terms of purchase

All information regarding the purchase process: operations, shipments, returns, payment methods, etc., is properly explained in the sections of our website.

All products offered on our website are shown with their corresponding photographs, and any additional information considered relevant for marketing.

7. Intellectual and industrial property

The structure, design and presentation of the elements (graphics, images, source codes, trademarks, trade names, names, articles, reports, files, logos, sound, audio, video, software, text, structure and design, materials used, computer programs necessary for its operation, access and use, combinations of colors and any element susceptible of protection) are subject to the intellectual and industrial property rights of BeFunky Fashion or third parties.

If the user detects any activity that may infringe any right of intellectual property, industrial or any type of right, we request that you notify us through the following email address:

info@befunkyfashion.com

All rights reserved. Pursuant to the provisions of articles 8 and 32.1, second paragraph, of the Intellectual Property Law.

Under no circumstances, access to the Website supposes the renunciation, transmission, assignment or total or partial license of such intellectual or industrial property rights, nor confers any right of use, translation, adaptation, alteration, exploitation, reproduction, distribution or public communication, including its modality of making available, all or part of the contents of this web page, for commercial purposes, in any medium and by any technical means, of said contents without the prior and express authorization of BeFunky Fashion or the Third holder of the rights concerned. The User's rights to view and obtain a copy in the User's computer cache, as a transient and ancillary reproduction, are not protected, and in no case is it authorized to communicate the same to third parties.

Reproduction, transformation, distribution, public communication, making available to the public and, in general, any other form of exploitation, partial or total of the elements referred to in the previous section, are prohibited. The USER agrees to respect the rights of Intellectual Property and Industrial ownership of BeFunky Fashion. These acts of exploitation may only be carried out under the express authorization of BeFunky Fashion, which shall, in any case, make explicit reference to the ownership of the aforementioned intellectual property rights of BeFunky Fashion. It shall only be authorized to reproduce, print, copy and store them on your computer's hard drive or on any other physical media provided it is, solely and exclusively, for your personal and private use of the contents provided on the website.

Violation of any of the aforementioned rights could constitute a violation of these provisions, as well as a possible offense punishable in accordance with articles 270 and following of the Penal Code.

The use of the distinctive signs [trademarks, commercial names] is not allowed, unless authorized by the legitimate owners.

BeFunky Fashion will use, in defense of copyright and in defense of its intellectual property rights, the use of all legal weapons that can be used anywhere in the world.

In any case, if BeFunky Fashion is considered to be prejudiced in this matter, it reserves the right to request compensation for the use of copyrighted material.

8. Exclusion of guarantees and responsibilities

BeFunky Fashion will not be responsible for:

In general, regarding the inappropriate use of the website owned by BeFunky Fashion.

Damages of any nature that could cause, by way of example: errors or omissions in the contents, unavailability of the portal or the transmission of viruses or malicious programs or harmful content, despite having taken all the technological measures to avoid it.

Users shall make appropriate use of the Website, in accordance with the above terms and conditions, without any liability to BeFunky Fashion for misuse.

Regarding possible technical deficiencies BeFunky Fashion will not be responsible in case of alterations or interruptions of the service, delays, errors or malfunction of this service due to faults in the electric network, in the data connection network, in the server or in any benefits or that originate in causes other than the same or due to an intentional or guilty action of the user, or due to force majeure.

Failures of third parties, operators or service companies, lack of access to third party networks, acts or omissions of public authorities, acts of nature caused by natural phenomena, blackouts, etc. Hackers or third parties to the security or integrity of the computer system are considered force majeure problems. In any case, whatever its cause, BeFunky Fashion will not assume any responsibility for direct or indirect damages, emergent damages and / or loss of profit. BeFunky Fashion is not responsible for the contents and opinions of third parties discharged on its website or the information contained in the web pages of third parties which can be accessed through links or search engines of the website, since the function of these is to inform the user about the existence of other sources of information on the subject on the internet, where you can expand the data offered on this Website. Therefore, BeFunky Fashion will not be responsible for the result obtained through these hypertextual links. When third party websites can be accessed through search engines or links, BeFunky Fashion acts only as a communicator of information of interest to users in accordance with Law 32/2002, of July 12, on Information Society Services and the Electronic Commerce and will only be responsible for the contents and services provided in the linked sites to the extent that it has effective knowledge of the wrongfulness and has not deactivated the link with due diligence. In no case the existence of linked sites should presuppose the existence of agreements with the responsible or holders of the same, nor the recommendation, promotion or identification of BeFunky Fashion with the manifestations, contents or services provided. BeFunky Fashion does not know the contents and services of the linked sites and therefore is not responsible for the damages caused by the wrongfulness, quality, outdatedness, unavailability, error and uselessness of the contents and / or services of Linked Sites nor by any Other damage not directly attributable to BeFunky Fashion. BeFunky Fashion is not responsible for the use that the user makes of the services of the Website or its passwords, as well as any other material on the website, infringing the intellectual or industrial property rights or any other rights of third parties. BeFunky Fashion is not responsible for any damage that may be caused to users' computers due to possible computer viruses contracted by the user because of their navigation on the website, or for any other damages derived from that navigation. It is the user's responsibility, in any case, to have adequate tools for the detection and disinfection of harmful software. BeFunky Fashion does not guarantee the absence of errors in any of the contents of its website, nor does it guarantee the correctness of any defect or the absence of viruses and other harmful components in this website or in its server. The user will respond to BeFunky Fashion for any damages that may be caused as a result of non-compliance with the conditions of use of the website and other obligations established in this text.

9. Links on the website or from the website

If www.befunkyfashion.com provides links or hyperlinks to other Internet sites, BeFunky Fashion will not exercise any control over such sites and contents. In no case will BeFunky Fashion assume any responsibility for the contents of any link belonging to a third party website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, veracity, validity and constitutionality of any material or information contained in any of the said hyperlinks or other internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

The internet user that introduces links from its own pages to the website must comply with the following conditions:

  • The link will only connect to the home page or main page of the website but you will not be able to reproduce it in any way (copy of texts, graphics, etc).
  • It is prohibited, in accordance with current legislation, to establish frames of any kind that involve the website or allow the viewing of content through internet addresses other than those of the website and, in any case, when viewed along with content outside the website in a way that produces, or could produce, error, confusion or deception in users about the true origin of the service or contents; An act of comparison or unfair imitation; Serve to take advantage of BeFunky Fashion's reputation for prestige; Or it is prohibited by current legislation.
  • The website that inserts the link will not be able to make any type of false, inaccurate or incorrect manifestation on BeFunky Fashion and its members.
  • In no case will be expressed in the website where the link is located that BeFunky Fashion gave its consent to the insertion of the link or otherwise sponsor, collaborate or verify the services of the author of the link.
  • The website that establishes the link will comply with the law and may not, in any case, dispose or link with own or third-party content that:
  • They are unlawful, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.);
  • Induce or may induce in the user the false conception that BeFunky Fashion suscribes, endorses, adheres to, or in any way supports, the ideas, manifestations or expressions, legal or illegal, of the sender; Or be inappropriate with the activity of BeFunky Fashion relating to the place, content and theme of the website of the sender.

10. Exclusion Rights

BeFunky Fashion reserves the right to deny or withdraw access to the portal and / or services offered without prior notice, at the request of a third party, to those users who fail to comply with these General Conditions of Use, who have falsified information or made an improper use of it and being obliged to comply with the indications indicated in the general clauses without damaging to the other actions that proceed in the law.

11. General information

BeFunky Fashion will pursue the unfulfillment of these conditions as well as any improper use of its portal by exercising all civil and criminal actions that may correspond to it in law.

12. Modification of conditions

BeFunky Fashion will be able to modify, change, delete or add the contents, the services, conditions and purposes determined here, that are presented on the web, as the form in which they appear presented or located in its portal, at any time, the conditions and purposes determined here without prior notice, being properly published as they appear here. The validity of the mentioned conditions will depend on their exposure and will be valid until they are modified by others properly published.

Based on this modifications possibility, the user must carefully read this Legal Notice on each of the occasions in which it proposes to use the Website. www.befunkyfashion.com, property of BeFunky Fashion.

13. Advertising

Certain parts of the website may host advertising content or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the website complies with the laws that may be applicable in each case.

14. Governing Law and Jurisdiction

For all litigious matters concerning the website, the Spanish legislation is the only applicable one, being the Courts of Justice and Tribunals with jurisdiction at the owner's address competent within the resolution of all conflicts concerning the use of this website or derived from it.