TERMS AND CONDITIONS OF USE
Ownership and purpose of the Web Platform
The website www.barnofmonkeys.com (hereinafter the “Web” or the “Platform”) is a computer platform owned by ECOVEST Sociedade Textil Lda. (hereinafter the “Company” or “ECOVEST”), a company legally incorporated under Portuguese law with tax identification number VAT513 660 631, with address at Rua do Bairro Novo, 220, Vila do Conde (Portugal).
Our website has been designed to provide our users, customers and consumers with detailed information about our products and services.
The relationship between the Website and the User shall be governed by Law 34/2002, of 11th July, on Information Society Services and Electronic Commerce, by the Commercial Code, and other applicable Spanish legislation.
Acceptance of Terms and Conditions
Access to and use of our Platform as well as the information, services and content are subject to the applicable legislation and regulations, as well as to the provisions set forth in these Terms and Conditions of Use.
BARN OF MONKEYS reserves the right to modify the terms and conditions of Use of the Platform without specific notification to the User. In this regard it is important that the User consult the Terms and Conditions of Use regularly.
Registration. All users, whether registered or not, undertake to browse the Website and use the content in good faith.
In the registration process, the User will be asked for personal information in order to comply with the purposes of being able to attend to his requests and to keep him duly informed, even by electronic means, about our products and services.
Age. The User declares that he is of legal age (over 18 years) and has the necessary legal capacity to contract the products offered on the Website, also stating that he accepts the link to this agreement and declares that he or she fully understands and accepts the present terms and conditions.
Terms and Conditions
In the event that the User is under-age, the authorization of the parents or guardians is required in all cases in order to be able to contract products through the Web, by means of sufficient documentary contribution (e-mail attaching an authorization letter duly signed, providing a photocopy of the ID card or passport, or sending it by fax, which the Company would request for this purpose prior to contracting the products).
Exclusions of Liability
Due to the unpredictable situations that characterize the technological environments and the Internet, BARN OF MONKEYS reserves the right to temporarily suspend the access or any of the functionalities offered by the Platform, either for technical reasons, for security reasons or for maintenance. Also, BARN OF MONKEYS reserves the right to implement and make changes and/or updates to the Website at any time, with or without prior notice. In any case, the User acknowledges and accepts that BARN OF MONKEYS may perform certain actions to prevent the User from accessing the Platform at certain times for limited periods. In this sense, the User accepts that BARN OF MONKEYS will not be responsible, as a result of such actions, for the elimination or failure to make available certain content or functionality of the Web platform.
BARN OF MONKEYS does not represent or guarantee the obtaining of certain results after the use of the services of the Platform. Accordingly, under no circumstances shall BARN OF MONKEYS, its representatives, directors, employees be liable for any incidental, consequential, special or incidental damages, including but not limited to any loss of profits, data or business opportunities, software errors, whether or not foreseeable and resulting from or having a direct or indirect connection with the use of the Platform.
BARN OF MONKEYS is not responsible in any way for those contents, activities of any kind, products and services that can be accessed through electronic links (links), directly or indirectly, through our Platform, including those websites of brands that collaborate with BARN OF MONKEYS. The links included or that may be included in our Web page do not represent any kind of relationship between BARN OF MONKEYS and the individuals or legal entities that own the Web sites that can be accessed through these links nor does it imply any suggestion, invitation or recommendation about the site or its contents.
BARN OF MONKEYS is not responsible for any loss or damage that the User may suffer as a result of improper use of the Platform or if the User breaches the Terms and Conditions of the Web.
Intellectual Property Rights
The User recognizes and accepts that all the rights, titles and interests of and associated with the Web Platform, its contents and computer applications, if any, including any modification, updating and new versions as well as any trademark, trade name, know-how, copyright, domain names and any other industrial or intellectual property rights inherent to the Platform are the exclusive property of BARN OF MONKEYS or are used by BARN OF MONKEYS under license and with the proper authorization of the holders of such rights, titles or interests. In this sense, the User does not acquire any intellectual or industrial property rights by simply using our Web Page and any of its functionalities, so that at no time will such use be considered as an authorization or license to use the contents of the Platform for purposes other than those contemplated in these Terms and Conditions of Use.
By virtue of the foregoing, the total or partial reproduction, modification, transformation, copying, distribution, public communication or any other form of exploitation of the Web page, its contents, applications, design and form of presentation of its contents as well as its source code and all those elements that make up the structure and appearance of the Platform is prohibited. Likewise, the User acknowledges and accepts that it is forbidden to decompose, reverse engineer or carry out works derived from the software that supports the operation and access to the Web page and the services contained therein.
Failure to comply with any of the provisions herein stipulated shall result in BARN OF MONKEYS exercising against the offender or offenders the pertinent legal actions for the defense of their rights, titles and interests, including the power to claim the corresponding damages.
In the event of non-compliance with any of the commitments specified herein, the provision of the service to the User through the Website may be terminated or suspended at any time, unilaterally and without prior notice. Such suspension or removal shall in no case entitle the User to any compensation at all.
Applicable Law and Jurisdiction
The interpretation and application of the terms and conditions of use of the Platform shall be governed by Spanish law. For the resolution of any discrepancy that may arise in the interpretation and/or execution of the Terms and Conditions of Use herein provided, the parties submit to the jurisdiction and competence of the Courts of Mataró. However, in the event that the Spanish or Autonomous Community Legislation for the Defence of Consumers and Users establishes the possibility that the User may choose the jurisdiction corresponding to his place of residence, the provisions of said legislation shall apply.