LEGAL TERMS AND CONDITIONS
1) INTRODUCTION
This document (together with all documents mentioned herein) lays down the conditions governing the use of this website (www.evesportswear.es). Please read these Terms & Conditions, our Cookies Policy and our Privacy Policy (jointly, the Data Protection Policy) before using this website and any Evesportswear content in social networking websites (jointly, the Website).
By using this website or placing an order therethrough, you agree to be bound by these Terms & Conditions and our Data Protection Policy. Therefore, if you do not agree with any of them, you should not use this website.
We reserve the right to periodically modify these Terms & Conditions. Hence, you should visit this page every once in a while to see if any changes have taken place.
2) OUR INFORMATION
Articles are sold through this website under the EVESPORTSWEAR brand. Contact address: info@evesportswear.es
3) YOUR INFORMATION AND VISITS TO THIS WEBSITE
We will handle any personal information or data you provide us with in accordance with the provisions of our Data Protection Policy. By using this website you allow us to process said information and data and declare that any information or data that you provide us with are true and correct.
4) USE OF THE WEBSITE
4.1) CONTENT OF THE WEBSITE
With an enunciative, non-limiting character, the texts, logos, images, sounds, animations, software and other contents included in this website are the exclusive property of Evesportswear, its license holders and/or its content providers. Any act of transmission, distribution, transfer, reproduction, storage, transformation or public communication, in part or in full, must have the express consent of evesportswear.es.
4.2) INDUSTRIAL PROPERTY AND INTELLECTUAL PROPERTY
You acknowledge and agree that any copyright, registered trademark and any other industrial and intellectual property rights to the materials or contents provided as part of the our website belong at all times to us or to those who granted us a license to use them. You may use said material only in those ways in which we or those who granted us a license to use them expressly authorize you to do so. This will not prevent you from using this website insofar as necessary to copy the information about your orders or contact information.
4.3) RENUNCIATION TO GUARANTEES
The website’s information is provided for general information purposes only and does not constitute any kind of advice whatsoever.
Evesportswear neither declares nor guarantees that the information and/or services included in the website are accurate, complete or current, or that the website or the server that allows the website to be available are free of viruses or any other malware.
Evesportswear does not offers any guarantees or makes any statements relating to the use of the content of the website as to the accuracy, precision, suitability, usefulness, opportunity, reliability and so on, or, otherwise, in each case up to the maximum limit allowed by the applicable law.
4.4) LIMITATION OF LIABILITY
Use of this website is at one’s own risk. Neither Evesportswear nor any other party involved in the creation, production or distribution of this website shall be liable for any direct, indirect, special, consequential or other damages resulting from the use of the content of the website or from the impossibility to use it, including those damages caused by viruses, mistakes, or incomplete information in the website or by the performance of the products, or any other damage derived from or in relation to these Terms & Conditions, even if Evesportswear has been warned that said damages could happen.
4.5) LINKS FROM OUR WEBSITE TO THIRD-PARTY SITES
In the event our website contains links to other websites and materials from third parties, said links will be provided for information purposes only. We do not have any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss derived from their use.
Please bear in mind that these other sites might send users their own cookies, and gather data or request personal information from them. Thus, we advise you to check the conditions of use and privacy policies of these other websites before using them.
4.6) INCORRECT USE OF THE WEBSITE
Evesportswear shall not assume any responsibility derived from the incorrect, inappropriate or illicit use of the information appearing on evesportswear.es webpages.
4.7) EXCHANGE OR DISSEMINATION OF INFORMATION
Evesportswear declines all responsibility deriving from the exchange of information between users through its website. In particular, it does not take any responsibility for the use minors might make thereof should the contents they might access offend their susceptibilities.
4.8) VIRUSES, HACKING AND OTHER CYBERATTACKS
You must not make an improper use of this website by intentionally introducing therein viruses, trojans, worms, logic bombs or any other software or material that is technologically harmful or detrimental. You shall not attempt to gain unauthorized access to this website, the server in which said site is hosted or any server, computer or database associated with our website. You undertake to not attack this website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with this clause may entail the commission of offences which are codified in the applicable regulations. We will inform the appropriate authorities of any failure to comply with said regulations and cooperate with them to uncover the attacker’s identity. Likewise, if you fail to comply with this clause, you will immediately cease to be authorized to use this website.
We will not be liable for any damage or loss resulting from a denial-of-service attack, a virus or any technologically harmful or detrimental software or material that might affect your computer, hardware, data or materials as a result of your using this website or downloading contents therefrom or to which it might redirect.
4.9) USER-GENERATED CONTENT
You are fully responsible for any text, video, audio, image, photograph or any other material or content you upload to our sites. We ask you to use any community tool at your disposal in a responsible manner. In particular, you must not post any content which infringes the law or the rights of others or that includes actions or statements which are discriminatory, offensive, obscene or defamatory or might offend others on account of their nationality, race, gender, sexual orientation, religion, beliefs or disability. You must not use any area of the community for commercial purposes.
You hereby grant us a perpetual, worldwide, non-exclusive, tax-free and fully transferable right to use, copy, modify, publish and show any content you post or upload to our sites and to incorporate it into other works. You hereby renounce to any moral rights you might have over this content.
Bear in mind that we neither control all the content generated in our sites by users nor have any obligation to do so. However, we reserve the right to control, without prior notice, all content to edit, delete or remove any content we consider inappropriate. The opinions expressed in community areas are those of the members of the public and not Evesportswear’s. If you think any content breaches these Terms & Conditions, you should inform us at info@evesportswear.es, providing the username of the person responsible therefor and the place on the site where it appeared.
- OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to revise and modify these Terms & Conditions at any time.
You shall be subject to the policies and Terms & Conditions which are in force at the time when you use this website or place an order, unless we are obliged by the law or a decision of a government body to make retroactive changes to said policies, Terms & Conditions or Privacy Statement, in which case the potential changes will also affect any orders you might have placed prior to them.
- DATA PROTECTION
Evesportswear fully respects the privacy of the people that access and use its website. For more information on how we use cookies, the type of information we collect, how and for what purpose we use your data, and under what circumstances we disclose your information, please read our Privacy Policy and our Cookies Policy, which have been included in and are part of these Terms & Conditions.
When placing an order with us, you accept and acknowledge that we might gather, use, store and process your persona data in accordance with our Privacy Policy.
- EVENTS OUTSIDE OUR CONTROL
We shall not be liable for any non-compliance or delay in complying with any of the assumed obligations when this is due to events that are outside our reasonable control (‘Acts of God’).
Acts of God shall include any acts, events, lacks of exercise, omissions or accidents that are outside our reasonable control, among others, the following:
- Strikes, lock-outs or other protest measures.
- Civil unrest, revolts, invasions, terrorist threats or attacks, wars (declared or not), or threats of or preparations for war.
- Fires, explosions, storms, flooding, earthquakes, subsidence, epidemics or any other natural disasters.
- The impossibility to use trains, ships, airplanes, motor vehicles or any other means of transportation, private or public.
- The impossibility to use private or public telecommunication systems.
- Acts, decrees, laws, regulations or restrictions from any government or public authority.
It shall be understood that the obligations will be suspended for the duration of the Act of God and that the deadline for us to meet said obligations shall be extended for a period of time lasting as long as the Act of God. We will take all reasonable measures to put an end to the Act of God or to find a solution that allows us to fulfill our obligations in spite of the Act of God.
- APPLICABLE LAW AND JURISDICTION
The use of our website and the product purchase contracts through said site shall be governed by Spanish law.
Any controversy arising from or related to the use of the website or said contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
If you are contracting as a consumer, nothing in this clause affects the rights you might have as such under current legislation.
- COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We welcome your comments and suggestions. Please send such comments and suggestions, as well as any questions, complaints or claims you should have, through our contact form or to this e-mail address: info@evesportswear.es
Our customer service will deal with your claims or complaints as soon as possible and, in any case, within the time set by the law. Likewise, they will be registered with an identification code, of which we will inform you and which will allow you to keep track of them.