FOORTER

TERMS AND CONDITIONS

1. Identification of the parties

These General Conditions of Use are subscribed on the one hand by the Owner and on the other hand by you, as a natural or legal person User who voluntarily accesses the Website freely and free of charge. These conditions shall apply whether or not you buy our products offered on the platform.

2. Purpose of the Website

The purpose of this Website is to make available to its users a space for the sale of sunglasses, as well as to inform about the products and functionalities offered by the Owner. Access and browsing the Website are free, although the purchase of products involves the payment of a price and the acceptance of the General Conditions of Purchase.

3. User Obligations

As a User by merely accessing and browsing through the Website, you shall:

  1. To use the Web Site in a diligent, correct and lawful manner, always respecting current legislation, morality and good customs, as well as public order.
  2. Periodically review these Conditions, or any other applicable ones, checking for any modifications that may occur.
  3. Review communications Foorter sends you, as they may contain important information.
  4. Not to use the Website for commercial purposes, especially to collect information or content for the purpose of providing services that are clearly in competition with Foorter.
  5. Do not modify or attempt to modify in any way, or take any action or use any means intended to simulate the appearance or functions of the Web Site.
  6. Not to damage, disable, overburden, or impair the service (or the network(s) connected to the service), or interfere with your use and enjoyment of the service.
  7. Refrain from any action involving the introduction of computer viruses, worms, Trojan horses or any other malicious code designed to interrupt, destroy or limit the functionality of the Website.
  8. Do not use reverse engineering techniques and/or decrypt, decompile or use any other system intended to know the source code of Foorter.com.
  9. In any case, not to perform any act that may violate rights or interests of the Holder or third parties such as, for example, intellectual or industrial property rights (patents, trademarks, copyrights, trade secrets...).

4. Web Site Availability

The Proprietor seeks to improve and expand Foorter, as well as its content and the services offered therein. Notwithstanding the foregoing, the Website will be displayed as it is at any given time, depending on availability, limitations and other concurrent circumstances.

5. Special Conditions of Registration

These Special Conditions of Registration are subscribed on the one hand by Foorter, and on the other hand, by the User who has completed the form to create an account and the steps indicated on the Website to carry out the registration, together with the acceptance of these Special Conditions.

5.1. Requirements and procedure for creating an account

To create an account on the Website it is essential that the User is a natural person of legal age in accordance with the provisions of Spanish law.

The User must access the "Register" option, provide name and surname, enter his/her e-mail address and other requested data, backing it up with a password. He/she must complete all the steps indicated, including reading the information related to the Privacy Policy and these Conditions.

[Foorter will confirm the User's registration on the Website by sending a welcome message, at which point the User becomes a Registered User].

If the Registered User does not remember his/her password, he/she should click on Forgot your login information and enter the e-mail address through which he/she registered in order to reset it.

5.2. https://foorter.com

Registration with Foorter allows you to make purchases of the products offered in the catalog and keep track of orders placed. As a Registered User you will also be able to save your order or billing address information for future purchases.

5.3. Obligations of the Registered User

The Registered User has the following obligations:

  1. Do not register with multiple User accounts on the Website, nor do so with false data or impersonating third parties. You are responsible for providing your real data.
  2. Not to use or attempt to use another User's account without authorization or consent.
  3. Be solely responsible for all activities carried out from your personal Foorter account.
  4. Take care of the confidentiality of your access data, since you will be responsible for any damage suffered or suffered by third parties for breach of these Terms. You are also responsible for what happens in your personal account unless the security of it has been compromised for reasons beyond your control. Specifically, you shall:
  5. Keep the account updated.
  6. Store the chosen password confidentially.
  7. Be the only User using the account created.
  8. Do not market, sell or transfer the account to a third party.

5.4. Modification and cancellation of the Registered User account

At any time, the Registered User may modify the data, shipping or billing addresses of his or her personal account or cancel the account through the user area.

6 . Exclusion of liability

Foorter works to ensure that the services and functionalities of the Website are always available. However, when you access it, it will be displayed according to the availability and limitations that apply at any given time.

Despite the Owner's continuous effort to protect the systems and contents included in the Website, for which purpose it uses the usual security standards on the Internet, it is not possible to offer full guarantees in relation to intrusions or loss of information that may occur. Likewise, the absence of viruses or other harmful elements on the Website or on third party websites that may cause alterations in the User's computer system, both software and hardware, cannot be guaranteed. For this reason, the User assumes and understands that there are situations that may be beyond Foorter's control.

The Website may include links to pages or sites of third parties outside the Holder, for which it assumes no responsibility by not approving or reviewing their functions and contents. The User who accesses any link published on the Website does so at his own risk, without the Holder assuming any responsibility for it.

Similarly, the Web Site is exempt from any liability arising from misuse of the same by Users, as well as for breach of the obligations or commitments assumed under these conditions or any other applicable.

7. Intellectual and industrial property rights

All intellectual and industrial property rights on the Website and its contents, including programming, design, applications, graphics, codes, text or images, trademarks, trade names, distinctive signs and other elements present therein belong exclusively to the Owner, including the Foorter brand, or has sufficient rights and/or authorizations for its exploitation.

As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express and written consent of the Proprietor or the exclusive owner of the rights concerned.

If you detect any infringement, please notify us at the e-mail address indicated in the header.

8. Indemnification

8.1. The Proprietor may sanction any of the Users who violate the conditions applicable to it, with the impossibility of accessing, temporarily or indefinitely to the Website. The duration of the sanction will depend on the type of infringement committed. The restriction of access will in no case entail the right to compensation.

8.2. Any damages, losses or costs (including attorneys' and/or lawyers' fees) incurred by Foorter as a result of a breach by the User of these Terms and Conditions or any other applicable terms and conditions shall be borne by the User who caused the breach. This includes any third party claims arising from such breaches.

As a consequence of the foregoing, any reproduction, distribution, public communication (including making available), transformation or any other form of exploitation, not even quoting the sources, is prohibited, except with the prior, express and written consent of the Proprietor or the exclusive owner of the rights concerned.

If you detect any infringement, please notify us at the e-mail address indicated in the header.

9. Modifications

These Terms and Conditions may be modified and/or updated at any time without prior notice. The modifications made shall come into force as soon as they are published on the Web Site, regardless of the means and form used for this purpose.

The modification will only affect Users who have accepted them after such modification.

10. Other issues

10.1. Safeguarding and Interpretation

If the Competent Authority declares any of these provisions to be illegal, invalid or unenforceable, this shall imply that the same shall be interpreted in the manner closest to the original intention of such provision. In any case, such declaration with respect to any clause or clauses shall not prejudice the validity of the remaining clauses.

Failure by the Holder to require strict compliance with any of the terms of these Conditions, does not constitute and may not be construed in any case as a waiver by the Holder to require it in the future.

10.2. Language

The language applicable to the present Conditions is Spanish. If versions in other languages, such as English, are provided, it will be only as a courtesy and for the User's convenience. In case of contradiction, the Spanish version shall prevail.

10.3. Legislation and jurisdiction

The relationship between the Holder and the User shall be governed by Spanish law and any discrepancies or conflicts regarding these Terms and Conditions shall depend on whether the user is a consumer and/or user in accordance with the applicable regulations.

Being a consumer and/or user, conflicts will be submitted to the Courts and Tribunals of the User's domicile. In case of not having such condition, the conflicts will be determined in the Courts and Tribunals of Ibiza.

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