Terms and Conditions

TERMS AND CONDITIONS

1. OVERVIEW

The present legal notice regulates the general terms and conditions of access and use of this website accessible through www.leborgabala.com, which LEBOR GABALA S.L. makes it available to internet users.

LEBOR GABALA registered as:

LEBOR GABALA , S.L.

Diputación 37, interior local 5A Barcelona, 08015, Spain B61016549

By visiting our site, you engage in full and unconditional acceptance of each and every one of the agreements included in this legal notice. In no case, LEBOR GABALA guarantees the availability or maintenance in the future of the services accessible through the store. LEBOR GABALA can at any time decide the interruption, suspension or definitive cancellation of this store without that reason any kind of compensation for the users is derived.

These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

The electronic purchases made by users through this store, are subject to the general conditions of purchase (hereinafter, the “general purchase conditions”). These general purchase conditions constitute the main legal document of the purchase agreement and in them the rights and duties that users have as LEBOR GABALA clients are regulated. It is convenient, therefore, that prior to the start of purchases in our store users read these general purchase conditions carefully. LEBOR GABALA can modify these general purchase conditions at any time. The modifications made will not affect, in any case, the purchases that the users have made prior to the approval of said modifications that will be governed in any case by the general conditions in force at the time of making these other purchases. It is the user’s responsibility to know the general purchase conditions in force at the time of the start of the purchase process.

 

1. INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the store, understood by these as merely enunciative texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes (hereinafter, the “contents”), are the intellectual property of LEBOR GABALA or of third parties, without which any of the exploitation rights recognized by the current regulations on intellectual property matters can be understood to be assigned to the users. Notwithstanding the foregoing, during the time users remain connected to the store, they may make use of said content to the extent that it is necessary for browsing and only when said content is accessible in accordance with the rules provided in this legal notice. Once the user disconnects from our store, he will not retain any right of use over the previous contents.

The trademarks, trade names or distinctive signs are the property of LEBOR GABALA, or third parties, without it being understood that access to the store attributes to the users any right over the mentioned brands, trade names and / or distinctive signs.

 

2. ONLINE STORE TERMS

Users of the online store are obliged to make proper use of the store in accordance with the law and this legal notice. The user who fails to comply with the law or this legal notice will respond to CARRER store or against third parties, for any damages that may be caused as a result of breach of this obligation.

It is expressly forbidden to use the store for harmful purposes of goods or interests of LEBOR GABALA; or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or products and software applications (software) of LEBOR GABALA or third parties.

3. GENERAL 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 over 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 by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, 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 making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not 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 to our site.

5. 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.

6. PRODUCTS

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 any time 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.

7. 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.

All information provided by the user through the forms of the store for the above purposes or any other must be true. For these purposes, the user guarantees the authenticity of all the data communicated and will keep the information provided perfectly updated so that it responds, at all times, to the real situation of the user. In any case, the user will be solely responsible for any false or inaccurate statements made and the damages caused to LEBOR GABALA or to third parties for the information provided.

8. 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.

9. 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.

10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.

You agree that your comments will not violate any right of any third–party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e–mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third–party.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our privacy policy, please refer to our privacy policy.

12. 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.

13. PROHIBITED USES

In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content:

– for any unlawful purpose;

– to solicit others to perform or participate in any unlawful acts;

– to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

– to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

– to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

– to submit false or misleading information;

– to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

– to collect or track the personal information of others;

– to spam, phish, pharm, pretext, spider, crawl, or scrape;

– for any obscene or immoral purpose; or

– to interfere with or circumvent the security features 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.

14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error–free.
We do not warrant that the results that may be obtained from the use of the service will be accurate 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 to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall LEBOR GABALA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless LEBOR GABALA 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.

16. 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.

17. 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).

18. 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.

19. CUSTOMER SERVICE

If you have any questions, suggestions, complaints or want to make any inquiries about our online store, contact the LEBOR GABALA customer service online email to the address hello@leborgabala.com

LEBOR GABALA will resolve the claims addressed to it as soon as possible and, in any case, before the 30-day deadline.