TERMS AND CONDITIONS
General Terms and Conditions of Use and Contracting
These General Terms and Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern, together with the Privacy Policy, the access to and use of the Website https://www.flyfoxing.com and its subdomains (hereinafter, “the Website”) by the User, as well as the contracting of products and services through it. By accepting these General Conditions, the User declares:
a. That they have read, understand, and comprehend what is stated herein;
b. That they are of legal age and have sufficient capacity to contract;
c. That they assume all the obligations set forth herein.
The use of the Website attributes the condition of User of the Website (hereinafter, “the User”) and implies acceptance of all the terms included in these General Conditions. The User must carefully read these General Conditions each time they access the Website, as the Website and these General Conditions may be modified.
The owner of the Website reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of any elements that make up the design and configuration of the Website.
1. General Information of the Website
In compliance with the provisions of Article 10 of Law 34/2002, of July 11, on information society services and electronic commerce, the general information of the Website is provided below:
Owner:
BernHer SA. (hereinafter, “flyfoxing.com”).
Registered Office:
Garbi 32, 08786 Capellades, Barcelona, Spain
Tax Identification Number (C.I.F.):
A58278045
E-mail:
sales@flyfoxing.com
Registry Data:
Registered in the Commercial Registry of Barcelona, VOLUME 41288, FOLIO 135, PAGE B379875
2. Conditions of Use
2.1. Access to the Website
Access to the Website is free, except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
2.2. Need for Registration
In general, access to the services and content of the Website will not require User registration. However, the use of certain services and content may be conditional on prior User registration.
The data entered by the User must be accurate, current, and truthful at all times. The registered User will be responsible at all times for the custody of their password, consequently assuming any damages that may arise from its misuse, as well as its transfer, disclosure, or loss. For these purposes, access to restricted areas and/or the use of services and content made under the password of a registered User will be deemed to have been made by said registered User, who will be responsible in all cases for such access and use.
2.3. Rules for Using the Website
The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order, and these General Conditions. Likewise, the User undertakes to make appropriate use of the services and/or content of the Website and not to use them to carry out illegal activities or activities constituting a crime, that violate the rights of third parties and/or that infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal system.
The User undertakes not to transmit, introduce, disseminate, and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order, and these General Conditions. By way of example, and in no case limiting or excluding, the User agrees to:
I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in defense of terrorism, or that violates human rights.
II.- Not to introduce or disseminate on the network data programs (viruses and harmful software) likely to cause damage to the computer systems of the access provider, its suppliers, or third-party Internet users.
III.- Not to disseminate, transmit, or make available to third parties any type of information, element, or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Not to disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes illegal or unfair advertising.
V.- Not to transmit unsolicited or unauthorized advertising, advertising material, "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI.- Not to introduce or disseminate any false, ambiguous, or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Not to impersonate other Users by using their registration keys to the different services and/or content of the Website.
VIII.- Not to disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks, or copyright belonging to the owners of the Website or third parties.
IX.- Not to disseminate, transmit, or make available to third parties any type of information, element, or content that constitutes a violation of the secrecy of communications and data protection legislation.
The User undertakes to hold Bernher sa. harmless against any possible claim, fine, penalty, or sanction that it may be obliged to bear as a result of the User's breach of any of the aforementioned rules of use, Bernher sa. also reserving the right to claim compensation for damages that may correspond.
2.4. Exclusion of Liability
The User's access to the Website does not imply for flyfoxing.com the obligation to control the absence of viruses, worms, or any other harmful computer element. In any case, the User is responsible for having adequate tools for the detection and disinfection of harmful computer programs.
flyfoxing.com is not responsible for damages caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website.
flyfoxing.com is not responsible for damages of any kind caused to the User that are due to failures or disconnections in telecommunications networks that cause the suspension, cancellation, or interruption of the Website service during the provision of the service or beforehand.
2.5. Content and Services Linked Through the Website
The Website access service includes technical linking devices, directories, and even search tools that allow the User to access other Internet pages and Portals (hereinafter, “Linked Sites”). In these cases, flyfoxing.com will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may notify flyfoxing.com without this communication in any case implying the obligation to remove the corresponding link.
In no case should the existence of Linked Sites presuppose the formalization of agreements with the responsible parties or owners thereof, nor the recommendation, promotion, or identification of flyfoxing.com with the statements, content, or services provided.
flyfoxing.com does not know the content and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdatedness, unavailability, error, and uselessness of the content and/or services of the Linked Sites, nor for any other damage that is not directly attributable to flyfoxing.com.
In cases where the User can access or is redirected to Linked Sites that allow the contracting of services and/or products, the User knows and accepts that flyfoxing.com acts as a mere intermediary facilitating such access, and therefore will not be responsible, either directly or subsidiarily, for damages of any nature arising from the free use and/or contracting of said third-party services and products, as well as the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness thereof. By way of example, and in no case limiting, flyfoxing.com will not be responsible for damages of any nature arising from the defective fulfillment or breach of contractual commitments made by third parties; the performance of acts of unfair competition and illegal advertising; the inadequacy and defrauding of the expectations of said third-party services and products and the defects and flaws of any kind that may occur in them.
2.6. Intellectual and Industrial Property
All the contents of the Website, understood as, by way of mere example, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of flyfoxing.com or third parties, without any of the exploitation rights recognized by current regulations on intellectual property being considered assigned to the User.
The brands, trade names, or distinctive signs are the property of flyfoxing.com or third parties, without it being understood that access to the Website grants any rights over them.
By accepting these General Conditions, the User assigns to flyfoxing.com, free of charge and exclusively, all exploitation rights over the articles, comments, and opinions (hereinafter, “the Contents”) that the User publishes or whose publication they authorize on the Website. Said assignment shall be understood to be made for the worldwide territorial scope, without any limitation, and for the maximum period of duration provided for in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Intellectual Property Law, regularizing, clarifying, and harmonizing the current legal provisions on the matter. flyfoxing.com may exploit the rights of reproduction, transformation, distribution, and public communication of the Contents, in the broadest sense recognized by said Law.
The User, who affirms to have all intellectual property rights over the aforementioned articles, comments, and opinions, undertakes to assume any claim or liability, including compensation for damages, that any third party may bring against flyfoxing.com for considering their rights infringed by any of the actions derived from the obligations that the User contracts directly or indirectly with these General Conditions.
Likewise, the User undertakes to hold flyfoxing.com harmless against any damage that they or a third party may suffer as a result of the formalization of the assignment of rights regulated in this clause.
3. Contracting Conditions
3.1. Images and Product Availability
The images illustrating the products have been provided by our suppliers, and special attention has been paid to eliminating any type of error. However, if any error is found, please notify us so that we can correct it as soon as possible for the benefit of all users. Likewise, we advise you that if you purchase any product on this page, please ensure that the product name is the one you desire.
flyfoxing.com does not guarantee total availability at the time of purchase, regardless of the receipt of the order confirmation email. If the purchased product is not available during the order; a full refund of the amount of the unavailable product from the order will be made to the User, provided that the user does not want a new vintage or a change of product.
3.2. Prices and Payment Methods
All prices published on the Website, unless expressly indicated otherwise, include the corresponding VAT. The User must pay for their purchases via PayPal, credit card, or debit card.
flyfoxing.com reserves the right to request a copy by fax or email of the card used in the purchase and identity document (ID card, passport, etc.) of the User to confirm the veracity of the data provided.
3.3. Order Delivery, Cancellations, and Returns
The products purchased by the User will be sent through the courier service used by flyfoxing.com. When placing the order, both the name of the courier company and the costs associated with each order will appear during the purchase process. For these purposes, it will be necessary to communicate the user's shipping data to the courier company for the correct shipment. The transfer, communication, and use of this data will only be for processing the shipment of the order placed on the flyfoxing.com Website. The costs for incorrect entry of shipping data in the order by the User will be borne by the User.
Orders will be delivered to the delivery address freely designated by the User in the order form. flyfoxing.com will not assume any responsibility when the delivery of the product is not made as a result of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient. The order will be delivered as soon as possible and, in any case, always within thirty (30) calendar days from the order confirmation date.
Shipping days, always calculated based on working days, will be via courier agency and will vary by province and/or country, with orders being delivered from Monday to Friday (except holidays). These days are always clearly included in the product sheet along with any store option and throughout the purchase process. For any order placed after 12 noon (Peninsular Spanish Time), an additional day must be added to the advertised working days for delivery.
Orders can be canceled at no cost until the shipment becomes effective. If we receive a cancellation notice once the package has already been shipped, it will be considered a return.
Returns can be made up to 14 days after receiving the product. Shipping costs are borne by the customer. The amount of the product will be fully refunded, provided that the product has been previously returned and received by flyfoxing.com in perfect condition, unused, with its box and accessories in good condition.
Exchanges can be made up to 14 days after receiving the product. The shipping and collection costs of the product to be exchanged are borne by the customer. The product will be exchanged, provided that the product has been previously returned and received by flyfoxing.com in perfect condition, unused, with its box and accessories in good condition.
Returns arising from an error by flyfoxing.com or a defect in the product are excluded from this case. In such a case, flyfoxing.com undertakes to exchange the defective product for an identical one, provided that it is available. It will also bear the return and shipping costs. If the exchange cannot be made, the amount will be refunded. To make a return effective, please contact us by phone at 930 104 710 or by email at info@parashop.es.
3.4 Communications
When a user places an order through the flyfoxing.com Website, they can request information about their order via our email info@parashop.es . From flyfoxing.com, we will provide a web link with the shipping information or a shipping number so that you can consult it directly on the courier agency's website.
4. Nullity and Ineffectiveness of Clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, with these General Conditions remaining in force in all other respects, and such provision or part thereof being considered not included.
5. Applicable Law and Competent Jurisdiction
These General Conditions shall be governed by and interpreted in accordance with the Laws of Spain. flyfoxing.com and the User agree to submit any dispute that may arise from access to and/or use of the Website to the Courts and Tribunals of BARCELONA, Spain, expressly waiving any other jurisdiction that may correspond to them if different.
Privacy Policy
In compliance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data (hereinafter, “LOPD”) and its implementing regulations, we inform you that the data you provide to us on the occasion of your registration on the website www.flyfoxing.com (hereinafter, “the Website”), as well as those derived from the commercial relationship and/or delivery of products purchased through it, will be incorporated into a file duly registered with the General Registry of the Spanish Data Protection Agency, the responsibility of Bernher sa. (hereinafter “flyfoxing.com”), with Tax Identification Number A58278045 and registered office at Garbi 32, 08786 Capellades, Barcelona. The purpose of the processing is the commercialization of the products offered by flyfoxing.com on the Website, including Customer Service, the handling of queries and requests for information, as well as the management of complaints.
Unless specifically stated otherwise, all the data we request in the registration process and the forms available on www.flyfoxing.com are mandatory, so the omission of any of them could make it impossible for us to provide the requested services and/or attend to your requests. We ask you to notify us immediately of any modification of your data so that the information contained in our files is at all times up-to-date and does not contain errors. In this regard, you represent that the information and data you provide to us are accurate, current, and truthful.
Unless you indicate otherwise in the box provided for this purpose during the registration process, the User gives their express consent for their data to be processed by flyfoxing.com for the purpose of sending commercial information (including the electronic newsletter) about the products marketed by flyfoxing.com, and about the activities and services carried out by flyfoxing.com, as well as third-party companies with which flyfoxing.com has commercial agreements and that offer their products and services through the Website, by postal mail, email, SMS, or any other equivalent electronic communication means, as well as for their data to be processed to carry out segmentations and/or create profiles with the same promotional or advertising purpose, albeit adapted to their profile as a user of flyfoxing.com's services.
At any time, you may exercise the right of access, rectification, cancellation, and opposition, as well as revoke your consent for the commercial processing of your data. To do so, you can:
- send a written communication to Bernher sa., Departamento de Atención al Cliente (Customer Service Department), Garbi 32, 08786 Capellades, Barcelona, enclosing a photocopy of your ID card (DNI) or official document proving your identity.
- or send an email to sales@flyfoxing.com indicating your Name, Surname, contact telephone number, and a photocopy of your ID card (DNI) or official document proving your identity.
Finally, we inform you that flyfoxing.com will process your data at all times in an absolutely confidential manner and maintaining the mandatory duty of secrecy with respect to them, in accordance with the provisions of the applicable regulations, adopting for this purpose the necessary technical and organizational measures that guarantee the security of your data and prevent its alteration, loss, processing, or unauthorized access, taking into account the state of technology, the nature of the data stored, and the risks to which they are exposed.