Terms of Service

Please read these Terms and Conditions carefully before using the foscabertran.com website.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1.Identification and acceptance and access to the Website

The access to the Website implies the acceptance of these terms and conditions, as well as the different modifications and/or additional legal texts that foscabertran.com may include in the future. 

Access to and browsing of the Website shall not require users to register and shall be completely free of charge.

2.Object 

This Website is made with Squarespace with the aim of offering users the possibility of buying accessories, high-end silk scarves in natural colours, cotton pareos, handmade, ceramic plates, hand painted sneakers, unique drawings, etc.

3.Conduct of users on the Website

Users undertake to make lawful, diligent, honest and correct use of any information or content they have access to through the Website, all in accordance with the principles of good faith and respecting at all times the law in force and these Terms and Conditions.

In particular but without limitation, users shall not:

  1. Registering or communicating data that is not true, accurate, complete and/or up to date, or accessing the Website using the name, identification data or password of another user or impersonating any person or identity.

  2. Use the Website for fraudulent purposes, or in connection with criminal offences or unlawful activities of any kind. 

Foscabertran.com reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel the provision of services in cases of incorrect use of the Website, as well as if it has indications that the user is a minor.

4.Orders and conditions of sale

Foscabertran.com orders throughout the European Union. 

In the event that a User not residing in European territory would like to purchase a product please contact us.

5.Prices and payment

All prices of the Products indicated on the Website are expressed in Euros and include VAT and any other taxes that may apply. 

The cost of shipping is not included in the price of the Products. Prior to the purchase of the Product, the User will be informed of the exact shipping cost.

The User may pay the amount corresponding to his/her order by the means of payment accepted on the Website: Payment by credit card, debit card and PayPal.

In the event that the means of payment chosen by the user is a credit or debit card, the charge will be made online, that is to say, in real time, through the payment gateway of the corresponding financial institution, once it has been verified that the data communicated are correct. 

Users are guaranteed that the payment process is carried out in complete security, in accordance with the required security protocols and services. In some cases, after clicking on the final payment button, the page may redirect you to your bank's website and ask you for an extra security key for payment with your Visa or MasterCard. This is 3D Secure, a security system developed by your bank that asks you to enter your personal password to make the purchase securely. This password for online purchases with your card is completely personal and must be given to you by your bank.

The User must notify of any undue or fraudulent charge on the card used for the purchases.

6.Information about products and services

The data included on the Website in the Product descriptions are for information purposes only. 

Therefore, foscabertran.com declines any responsibility for the appearance of errors in this information, although it undertakes to take all measures within its power to correct the aforementioned errors or omissions as soon as possible after having been informed of them.

7.Intellectual Property

All rights over the content, design and source code of this Website and, in particular, including but not limited to, all rights over the photographs, images, texts, logos, designs, brands, commercial names, data included in the Website and any other intellectual and industrial property rights are owned by foscabertran.com, or by third parties who have expressly authorised foscabertran.com to use them in its Website.

Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the subject, as well as Law 17/2001, of 7 December, on Trademarks and complementary legislation on intellectual and industrial property, it is expressly forbidden to reproduce, transmit, adapt, translate, distribute, publicly communicate, including making available, all or part of the contents of the Website, in any format and by any technical means, unless expressly authorised in writing by foscabertran.com.

Foscabertran.com does not grant any licence or authorisation of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that the access and navigation of the Users implies a waiver, transmission, licence or total or partial cession of such rights by foscabertran.com.

Any use of these contents not previously authorised by foscabertran.com will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.

8.Exclusion of liability

Foscabertran.com does not grant any guarantee and is not responsible, in any case, for damages of any nature that may arise from the access or use of the contents of the Website.

Among others, and by way of example and without limitation, foscabertran.com is not responsible for the following circumstances: 

  1. For the lack of availability, maintenance and effective functioning of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the functioning of the Website.

  2. The lack of usefulness of the Website or the contents for any service.

  3. The content of other Internet pages to which links may be placed on the Website.

  4. The existence of viruses, malicious or harmful programs on the Website.

  5. The illicit, negligent or fraudulent use, contrary to these Terms and Conditions or to good faith, of the Website or its contents, by the Users, including any infringement of the Intellectual and/or Industrial Property rights of foscabertran.com or third parties.

  6. Incidents caused by a lack of due diligence on the part of the User or by improper use of the Website.

  7. From the publication through the Website of comments and opinions that violate the rules mentioned in these Terms and Conditions, applicable law or the rights of third parties.

  8. Cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website as a consequence of energy restrictions, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances beyond the control of foscabertran.com that prevent the normal use of the Website.

9.Hyperlinks

The Website may contain hyperlinks that allow the User to access third party websites. Foscabertran.com does not assume any responsibility for the content, information or services that may appear on these sites, which are offered exclusively for information purposes by foscabertran.com, and in no case imply any relationship, acceptance or endorsement between foscabertran.com and the persons or entities that own such content or the owners of the sites where they are located.

10.Modifications

Foscabertran.com reserves the right to make as many modifications as it deems appropriate to these Terms and Conditions, in which case Users will be notified. These modifications will be valid from the moment they are published on the Website.

11.Safeguard clause

All clauses or terms of these conditions of use must be interpreted independently and autonomously, and the rest of the stipulations will not be affected in the event that one of them has been declared null and void by a court ruling or final arbitration decision. The affected clause or clauses shall be replaced by another or others that preserve the effects pursued by the Terms and Conditions.

12.Dispute resolution

These Terms and Conditions are subject to Spanish law. The parties, in accordance with Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, submit to the Courts and Tribunals of the place of residence of the User.

For further information we recommend to contact us.