This website is operated by Clarafosca. The terms "we", "us", "us" and "our" refer to Clarafosca. By accessing and using this website, you agree to comply with the terms, conditions, policies and notices stated here. The legal conditions regulate the use and access to the http://www.clarafoscashop.com website.
The user acknowledges having read and understood these conditions and agrees to comply with them. If the user does not agree with these conditions, he/she must stop accessing the site.
By visiting our site and making a purchase, you are participating in our "Service" and agree to comply with the following terms and conditions, including those additional terms and policies referenced herein. These terms and conditions apply to all users of the site, including browsers, vendors, customers, merchants and content contributors.
1. Ownership of the Site:
The http://www.clarafoscashop.com website is owned by Clarafosca, located in Barcelona, Spain. Clarafosca can be contacted via email at clara@clarafosca.com.
Any new features or tools added to the shop will be subject to these conditions. We recommend that you check this page periodically for changes. We reserve the right to update, change or replace any part of these terms and conditions by posting updates on our website.
2. Terms and Conditions:
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us. The headings used in this agreement are for convenience only and shall not limit or otherwise affect these Terms.
3. Site operation, services and prices:
Clarafosca reserves the right to modify the content, structure and access conditions of the site without prior notice. The information on the site may be incorrect or incomplete, and Clarafosca is under no obligation to update it. Clarafosca may temporarily suspend access to the site for maintenance or other operations.
The user may not use the site to send or publish illegal, threatening, defamatory, obscene, etc. material. Clarafosca does not guarantee the absence of viruses on the site or its availability and continuous operation.
The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. User behaviour and prohibitions:
The use of the contents and services of the site is the responsibility of the user.
Clarafosca has no obligation to verify the contents provided by users. The user must use the site diligently, respecting the law and good customs. The site must not be used for illicit activities that infringe third party rights or violate intellectual property or other laws.
The user must provide truthful information and not impersonate others.
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate any local, international, federal, provincial or state regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) post false or misleading information; (g) upload or transmit viruses or any other malicious code that affects or may affect in any way the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security functions of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
5. Protected Areas of the Website:
Access to the Services does not require subscription or registration, except in specific cases. Some areas of the site may have restricted access with identifiers and passwords. The user must not attempt to gain unauthorised access to these areas and must not divulge the identifiers and passwords provided.
6. Intellectual and industrial property:
All the contents of the site, such as brands, logos, images, etc., are the property of Clarafosca and are protected by intellectual and industrial property rights. The user may not copy, modify, publish, transmit or use the materials without the express authorisation of Clarafosca.
7. Data Protection and Privacy Policy:
Clarafosca complies with data protection legislation and maintains the confidentiality of the user's personal data. Users may exercise their rights of access, rectification, cancellation and opposition by sending an e-mail to the address indicated.
8. Policy on the use of cookies:
The site uses cookies for its proper functioning.
9. Products or services (if applicable):
Some products or services may be available exclusively online through our website. These products or services are subject to our Returns Policy. We have made every effort to accurately display the colours and images of our products in the shop, but we cannot guarantee that the display on your monitor will be accurate. We reserve the right to limit sales of products or services to certain persons, regions or jurisdictions, and may do so on a case-by-case basis. We also reserve the right to limit the quantities of products or services offered. Product descriptions and prices are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Offers of products or services on this site are void where prohibited. We cannot guarantee that the quality of products, services, information or other material purchased or obtained will meet your expectations or that service errors will be corrected.
10. Disclaimer of Warranties and Liability:
All information on this site is provided "as is" without warranties of any kind, either express or implied, as to its accuracy, reliability and completeness. Clarafosca makes no warranties of any kind, including non-infringement, quality, merchantability or fitness for a particular purpose.
Clarafosca does not guarantee that this website or its servers are free of viruses or other potentially dangerous software.
Clarafosca does not guarantee the availability, continuity, usefulness or infallibility of this site, its services or contents, nor the reliability or usefulness of the information provided by third parties through this site. Although Clarafosca makes reasonable efforts to guarantee the availability, accessibility, continuity and infallibility of its services, it cannot guarantee them due to external factors. Therefore, it shall not be liable for any damages caused to the user due to lack of availability, access failures or interruptions.
11. Limitation of liability:
Clarafosca accepts no liability for direct or indirect damage, loss of profit or loss of data and/or customers arising from the use or impossibility of use of this website.
This site may contain links to other web pages that are not controlled by Clarafosca, therefore, Clarafosca is not responsible for the contents appearing on those pages.
The user expressly exonerates Clarafosca from any responsibility for actions or omissions based on the contents hosted on this site.
The user understands and accepts that any content, software or other material downloaded or obtained through this site is done at their own risk, and will be solely responsible for any damage or loss of data in their computer systems.
Clarafosca has taken reasonable steps to ensure the accuracy of the information on this site, but users accept that some of the information may be incorrect, incomplete or out of date, or contain errors.
12. Right of exclusion and partial nullity:
Clarafosca reserves the right to cancel, remove or disallow the use of its services to any user it considers to be using them incorrectly, without prior notice.
If a competent court determines that any provision of these legal conditions is illegal or null and void, said provision will be excluded to the extent legally possible, and the other provisions will remain in full force and effect.
13. Governing law and jurisdiction:
This site is located and operated from Spain. Any matter relating to this site is governed by Spanish law and is subject to the jurisdiction of the Spanish courts, without application of conflict of law principles. In cases where the user is not a consumer or resides outside Spain, Clarafosca and the user will submit to the jurisdiction of the national courts, waiving any other jurisdiction that may correspond to them.
If the user decides to use this site from outside Spain, he/she does so at his/her own risk and is responsible for compliance with the applicable local laws.
14. Duration and revision:
The relationship between Clarafosca and the user, derived from access to and use of the site, is indefinite and will be considered to be terminated when the general conditions are modified. By accessing and using the services and contents of the site after the modifications are announced, a new legal relationship of an indefinite nature will begin.
Clarafosca has the right to suspend, interrupt or unilaterally terminate the provision of services at any time and without prior notice or just cause.
Clarafosca reserves the right to revise the Conditions of Use at any time without prior notice. The revised conditions will be in force from the moment they are published on the site. Regular users should periodically review the terms and conditions and refrain from accessing the site if they do not accept the terms and conditions.
15. Returns:
Returns must be made within 7 days of receipt of the item. To return a product, please request a return via the website and send the item to the address provided. The customer is responsible for the return shipping costs. Products must be in perfect condition and in their original packaging.
The following requirements must be met:
- Return the work in perfect condition, without damage or modifications.
- Use a rigid envelope or shipping box with sufficient protection.
- You must pay the return transport costs.
If you meet these requirements, you will be refunded the cost of the work, without transport costs, within 7 days of receipt, using the same method of payment used.
16. Export of works outside the European Community:
If you make a purchase from outside the European Union, the customs authorities may require payment of applicable taxes according to the law.
17. Courier returns due to absence at home:
If goods are returned due to the inability to contact or locate the courier company, a link will be provided to pay a new shipping cost, similar to the previous cost or corresponding if no cost was paid on the first shipment. Once payment has been made, we will ship the work again to the same or new address provided
Return requirements:
- Return the work in perfect condition, with its packaging and without damage or modifications.
- Use a rigid envelope or shipping box with sufficient protection.
- Pay the return transport costs.
If you meet these requirements, you will be refunded the cost of the work, without transport costs, within 7 days of receipt, using the same method of payment.
18. Errors, inaccuracies and omissions:
From time to time there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate at any time without notice (including after you have submitted your order). We undertake no obligation to update, modify or clarify any information on the Service or any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information on the Service or any related website has been modified or amended.
19. Indemnification:
You agree to indemnify, defend and hold harmless Clarafosca and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
20. Severability:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, without such determination affecting the validity and enforceability of the other remaining provisions.
21. Termination:
The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes. These Terms of Service shall be effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site. If in our opinion you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may deny you access to our Services (or any part thereof) as a result.
22. Entire Agreement:
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.