Terms of service
TERMS & CONDITIONS
SECTION 1 - OWNERSHIP OF THE WEBSITE
Holder’s name: Rebecca Estiarte from now on “Becca & Cole". Throughout the site, the terms “we”, “us” and “our” refer to Becca & Cole. Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform, which allows us to sell you our products and services.
SECTION 2 - OBJECT OF THE CONTRACT
These terms of use (the “Terms of Use”) govern access to and use of the website hosted under the domain name www.beccacole.com (the “Web Site”), complying with the Spanish regulation under the Law 34/2002, of the Society's Information Services and Electronic Commerce.
The use of the website implies the complete acceptance without reservations of each and every resolution included in this Legal Notice, including all additional terms and conditions and policies referenced in this document and / or available through hyperlinks. On this regard, Becca & Cole does not assume any responsibility for the content, information or services that may appear on third-party sites referenced through hyperlinks, which in no case imply any relationship, acceptance or endorsement between Becca & Cole and the persons or entities that own such content or own the sites where they are located.
The user must read the current legal notice carefully every time the website is accessed, as the terms of use are subject to modifications on the judgement of the website’s owner, or due to legal, judicial criterion or business practice change. Becca & Cole also reserves the right to refuse or withdraw access to this website to any user that does not comply with the provisions of this legal notice without prior notice. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.
SECTION 3 - ACCESS TO AND USE OF THE WEBSITE.
The use of certain services or content of the website may require prior identification and / or registration. It is required that the user does not reveal to third parties the username and password, which are personal and non-transferable. The user assumes responsibility for any damages from its misuse or transfer to third parties. Becca & Cole will be able to change the user password at any time for security reasons being beforehand notified.
SECTION 4 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, the use of the site or its content is prohibited: (a) for any illegal purpose; (b) to ask others to carry out or participate in illegal acts; (c) to violate any regulations, rules, international, federal, provincial or state laws, or local ordinances; (d) to infringe or violate the intellectual property right of us or of third parties; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or can be used in any way that could compromise the functionality or operation of the Service or any related website, other sites or the Internet; (h) to collect or track personal information of others; (i) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security elements of the Service or any related website, other sites or the Internet. This website is moderated by Becca & Cole. Becca & Cole reserves the right to remove any comments and contributions that violates any of the prohibited use items. In any case, Becca & Cole is not responsible for the opinions expressed by users through forums, comments or other participation tools.
SECTION 5 - GENERAL CONDITIONS
We reserve the right to refuse the provision of service to any person for any reason at any time. You understand that your content (not including your credit card information), can be transferred without encryption and involve (a) transmissions through various networks; and (b) changes to adjust or adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during the transfer through the networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part 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 the express permission of written from us. The titles used in this agreement are included only for convenience and do not limit or affect these Terms.
SECTION 6 - ACCURACY, EXHAUSTVITY AND CURRENT INFORMATION
We are not responsible if the information available on this site is not exact, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for decision-making without first consulting more accurate, complete, or timely information. Any dependence on the subject of this site is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
SECTION 7 - ORDERS AND TERMS OF SALES
To be able to order, the User must be over 18 years old. In order to make the order, the User must provide all the data required in the purchase process, which will be necessary to properly service the order.
SECTION 8 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for 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 at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 9 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 11 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PRICE, METHOD OF PAYMENT AND DISCOUNT CODES
Once the data on the form has been completed, the User must proceed to pay for the order through the means of payment specified on the Website.All prices shown are final prices, expressly including Value Added Tax (VAT), without prejudice to the fact that the user will at all times have detailed information on the price of the product. Prices for services are expressed in Euros (€), including taxes and handling and shipping costs, the amount of which will be indicated at the time of the final confirmation of each order.After payment is made, the User will receive an order confirmation e-mail, which will include a summary of the items purchased, the requested shipping method and the delivery address. If, at the time of payment, an incident occurs that prevents payment, the User will receive an automatic payment error message and his/her order will not be processed until the payment process has been successfully completed.
Becca & Cole may periodically offer discount codes to its Users. Such discounts may only be applied in accordance with the instructions specified by Becca & Cole with respect to each code, and in any case, Users may only use a single code per order. Use of discount codes will not be compatible with certain promotional actions and collections.
SECTION 16 - SHIPPING TIME AND DELIVERY ADDRESSES
Becca & Cole products will be delivered in perfect condition to the specified address in the form completed by the User. Becca & Cole assumes no responsibility if the orders' delivery is unsuccessful as a result of the false, inaccurate or incomplete data provided by the User. Becca & Cole will take all necessary measures so that delivery can be done within the agreed time limits. Becca & Cole considers the payment confirmation as a necessary condition for maintaining the delivery schedule. However, time limits indicated on the website are estimations and may vary because of logistics reasons or other major matters.
Shipping times can be check in the purchase process as well as in the FAQ section of the Website.
The delivery is considered complete from the moment in which Becca & Cole or the hired carrier company makes the product available to the user.
SECTION 17 – INFORMATION ON PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and be subject to return or exchange according to our return policy only. We have made the effort to display the colors and images of our products, in the store, with the highest possible color accuracy. We cannot guarantee that your computer’s monitor displays colors accurately. We do not guarantee that the quality of the products, services, information or other material purchased or obtained by you meets your expectations. We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction. We can exercise this right based on each case. We reserve the right to limit the quantities of the products or services we offer. All product descriptions or product prices are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any product at any time.
SECTION 18 - EXCLUSION OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee or ensure that the use of our service will be uninterrupted, punctual, safe or error-free and that the results that can be obtained from the use of the service will be exact or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice. You expressly accept that the use of, or the possibility of using, the service is at your own risk. The service and all products and services provided through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, guarantees or conditions of any kind, whether expressed or implied, including all implied warranties or terms of merchantability, marketable quality, fitness for a particular purpose, durability, title and non-infringement. In no case Becca & Cole, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will be responsible for any damage, loss, claim, or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profit, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, as a consequence of the use of any of the services or products acquired through the service, or for any other claim related in any way with the use of the service or any product, including but not limited to any error or omission in any content , or any loss or damage of any kind incurred as a result of using the service or any content (or product) published, transmitted, or made available through the service, even if notified of its possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 19 - INTELLECTUAL PROPERTY
All the information contained on the Website, including its graphic design and the source code, are protected by copyright and other rights contained in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, and the rest of the norms that regulate Intellectual Property. These rights belong exclusively to Becca & Cole, therefore, any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the Website, and in general, is expressly prohibited. any act of exploitation of all or part of the content (images, texts, design, indexes, forms, etc.), as well as the databases and software necessary for the visualization or operation of the same and any object that according to the current legislation is protectable by the rules of intellectual property. Users may not exploit or use commercially, directly or indirectly, in whole or in part, any of the content that makes up the Website without the prior written permission of Becca & Cole.
Authorisation to use any content on the Website can be requested from the email addressinfo@beccacole.com. The provisions of the preceding paragraphs will not imply in any case the assumption of responsibility by Becca & Cole for the content, nor may it generate the right to compensation for Users or third parties.
SECTION 20 - USER COMMENTS, COLLECTION AND OTHERS
If, at our request, you send specific submissions (for example, due to participation in contests) or without a request from us, you send creative ideas, suggestions, proposals, planes, other materials, whether online, by email, or by post, or otherwise (collectively, 'comments'), you agree that they may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use comments you have submitted. We do not and will not have any obligation (1) to keep any comments confidential; (2) to pay compensation for comments; or (3) to respond to comments. We may, but have no obligation to, monitor, edit or remove content that we consider to be unlawful, offensive, threatening, libelous, libelous, pornographic, obscene, objectionable or violent sea the intellectual property of any party or the Terms of Service. You agree that your comments will not violate the rights of third parties, including copyright, brand, privacy, personality or other personal or property rights. Also, accept that your comments do not contain defamatory or illegal, abusive or obscene material, or contain computer viruses or other malware that may in any way affect the operation of the Service or any related website. You may not use a false email address, use another identity that is not legitimate, or participate in third parties or us regarding the origin of your comments. You are solely responsible for the comments you make and their accuracy. We are not responsible and assume no obligation regarding comments posted by you or any third party.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless beccacole 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.
SECTION 22 - 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 fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are 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 cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may 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 accordingly may deny you access to our Services (or any part thereof).
SECTION 24 - ENTIRE AGREEMENT
The failure of us 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 in respect to The Service constitutes 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 25 – JURISDICTION
The operation and use of the Web Site and these Terms of Use are governed by Spanish law. Insofar as permitted by law, Becca & Cole and the User, expressly waiving any other jurisdiction to which they may be entitled, hereby agree to submit to the jurisdiction of the courts of Madrid, Spain.
SECTION 26 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 27 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@beccacole.com.