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GENERAL INFORMATION OF THE WEB SITE

In compliance with the provisions of Article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, we inform you of the general information data of this website

Name: funky-box.com
Commercial Name: FUNKY-BOX
Address: Calle Calcopirita, 7 Urbanización el Guijo 28260 GALAPAGAR (MADRID)
Company Name: FUNKY BOX CREATIVITY S.L.
TAX ID: B88366687
Contact phone number: 677 777 904
E-mail address: info@funky-box.com

ACCEPTANCE OF THE GENERAL CONDITIONS

The free access and registration in the form provided on the website funky-box.com
The access and free registration, in the form enabled on the website funky-box.com, attributes to whoever performs it the condition of CLIENT, accepting from that moment, fully and without reservation, the present General Conditions, as well as the Privacy Policy, General Conditions of Contract and Cookies Policy.

This legal notice regulates the access and use of the website hosted under the domain funky-box.com and informs the customer that the use of the web implies acceptance of each of the conditions included in this legal notice, so it is recommended to read them carefully.

SERVICES OFFERED

FUNKY-BOX offers to individuals (hereinafter referred to as CLIENTS) a web page, within which, after registration, users are offered the possibility of placing an order for the products offered by the aforementioned entity.

USE OF THE WEB SITE

The “CUSTOMER” undertakes to use funky-box.com and its services and contents without contravening current legislation, good faith, generally accepted uses and public order. It shall not be allowed to insult, or use offensive, racist, violent or xenophobic and discriminatory phrases.

Likewise, it is forbidden the use with illicit or harmful purposes against FUNKY-BOX or third parties, or that could cause damage or impede the normal operation of the website. The user may not send promotional and advertising content to other customers, nor use the email addresses of other customers to send unauthorized communications.

It is also forbidden to use or attempt to use the account of another customer, the service or system without the authorization of the owner, being also strictly forbidden the use of other people’s data, and in particular, the impersonation of identities. If identity theft is confirmed, FUNKY-BOX reserves the option to cancel the account.

Finally, we inform you that identity theft may constitute a crime, according to the Spanish legislation, so FUNKY-BOX may inform the police or judicial authorities of such behaviors.

INTELLECTUAL AND INDUSTRIAL PROPERTY

The texts, images, logos, distinctive signs, sounds, animations, videos, source codes and other contents included in this website are property of FUNKY-BOX or FUNKY-BOX has the right to use and exploit them, and in this sense they are considered as works protected by the intellectual and industrial property legislation in force.

Any transmission, distribution, reproduction or storage, in whole or in part, made for profit or commercial purposes, of the contents stored on this website is expressly prohibited, except with the express prior consent of the owner of the rights.

For the purposes of preserving the possible intellectual or industrial property rights, in the event that any user or third party considers that there has been a violation of their legitimate rights due to the introduction of a certain content in the website, they must notify FUNKY-BOX of such circumstance by means of an e-mail to the address personal data of the interested party owner of the allegedly infringed rights. If the claim is filed by a third party other than the interested party, he/she must indicate the representation with which he/she is acting.

Indication of the contents protected by intellectual or industrial property rights and their location on the website.

  • Accreditation of the aforementioned industrial and intellectual property rights.
  • Express declaration in which the interested party is responsible for the veracity of the information provided in the notification.

Access to this website does not grant the user any right or ownership over the intellectual and industrial property rights of the corporate elements. (Trademarks, trade names and/or distinctive signs).

The infringement of any of the aforementioned rights may constitute an action constituting an offence under articles 270 and following of the Penal Code.

USER RESPONSIBILITY

The use of the website is under the sole and exclusive responsibility of the CLIENT. Consequently, at no time the CLIENT, can demand any responsibility from FUNKY-BOX in the unavailability and lack of continuity of the Website, nor of the Contents and/or Services.

RESERVATION OF RIGHTS

Notwithstanding the foregoing, FUNKY-BOX reserves the right to deny at any time and without prior notice, the request to those CLIENTS who fail to comply with these general conditions.

Likewise, FUNKY-BOX will deny the registration in the web forms, in the event that FUNKY-BOX is aware of it, of those under 14 years of age, unless they have the authorization of their parents/guardians/legal representatives.

FUNKY-BOX reserves the right to modify unilaterally and without prior notice, whenever it considers it appropriate, the structure and design of the website, as well as to modify or eliminate the services, the contents and the conditions of access/registration and/or use of the website.

FUNKY-BOX has the ability to interrupt, suspend or terminate the provision of the service of the website or any of the services that comprise it. Likewise, it has the power to deny the service to the USERS, who do not comply with the present conditions, when they are contrary to the conditions exposed in the present document.

In the event of infringements by the CLIENTS, FUNKY-BOX reserves the right to exercise the appropriate legal actions in defense of its interests, including claims for damages.

In the event that FUNKY-BOX incurs costs for claims to be borne by the CUSTOMERS, they shall be claimed from the CUSTOMERS.

If there are changes or modifications to these terms and conditions, FUNKY-BOX will notify the CUSTOMERS by means of a notice on the website.

CUSTOMER OBLIGATIONS AND PROPER USE OF THE SITE

The use of funky-box.com, is under the sole and exclusive responsibility of the CLIENT. Notwithstanding the foregoing, FUNKY-BOX reserves the right to deny at any time and without prior notice, access to the website to those users who violate these general conditions and the applicable legislation in force.

By way of example, the user must refrain from:

  • Performing any act contrary to the Law of the country applicable to him/her.
  • Collect personal data of other Users.
  • Use or publish Applications or Contents that could be illegal, offensive, discriminatory, sexual, xenophobic, violent or any other that could harm the rights of third parties.
  • Act in bad faith or have abusive or disrespectful behavior with other Users or with FUNKY-BOX.
  • Use or publish Contents that infringe intellectual or industrial property rights, or image rights of third parties.
  • Alter, modify or transform in any way, any part or component of funky-box.com or introduce or disseminate content that may contain computer viruses or that could cause any damage to the Site or other Users.
  • Use automated systems or systems of any kind to send automated registration request messages.
  • Delete, alter, evade or manipulate any protection device or security system installed on funky-box.com.

FUNKY-BOX is expressly empowered to prevent or restrict access to certain CUSTOMERS when it deems appropriate.

EXCLUSION OF WARRANTIES AND LIABILITY

FUNKY-BOX, does not grant any guarantee and is not responsible in any case, for damages of any nature that could be caused by:

Interruptions of the Service, delays, errors, malfunctioning of the same and, in general, other inconveniences that have their origin in well-founded causes that are beyond the control of FUNKY-BOX and/or due to a fraudulent or culpable action of the Users and/or have their origin in causes of Force Majeure.

Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall be understood to include, in addition, and for the purposes of these general conditions, all those events beyond the control of FUNKY-BOX such as: failure of third parties, operators or service companies, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a result of natural phenomena, blackouts, etc. and the attack of hackers, crackers or other third parties to the security or integrity of the computer system. In any case, whatever the cause, it shall not assume any liability for direct or indirect damages, consequential damages and/or loss of profits.

  • the lack of availability, maintenance and effective functioning of the website and/or its services or contents.
  • the lack of usefulness, suitability or validity of the website and/or its services to satisfy the needs, activities or specific results or expectations of the users.
  • the existence of viruses, malicious or harmful programs that prevent or delay the provision of services.
  • the illicit, negligent or fraudulent use, contrary to these General Conditions, good faith, generally accepted uses or public order, of the website, its services or contents, by the user.
  • The non-compliance by third parties of their obligations or commitments in relation to the services provided to the users through the website.

Likewise, FUNKY-BOX is not responsible for the following

  • the damages generated as a consequence of inaccurate or untruthful contents that are transmitted, disseminated, stored, received, or accessed through the website.
  • for damages caused by the contents provided or offered by third parties or entities other than FUNKY-BOX.
  • FUNKY-BOX will try within its possibilities, that the contents and information that are not truthful, either update them or rectify them. However, FUNKY-BOX is not responsible for the contents and information provided on the website, but it is directly responsible for the contents and information issued by FUNKY-BOX, as well as for the failure to update or rectify them.
  • Incorrect use by the user of his/her name and password.
  • Failures of a technical nature, which by chance or otherwise, may affect the normal operation of the service provided by FUNKY-BOX.
  • Third party interference in the service. There is the possibility that, given the existing technology at present, subjects outside FUNKY-BOX may enter the site and cause alterations to the service. Our company makes it clear that it makes every technical effort to reduce the risks in this regard.

However, the user is informed that if these alterations were to occur, FUNKY-BOX will not be responsible for them.

COMMERCIAL PROMOTIONS

Periodical sending of information about FUNKY-BOX products or services, including the latest news about them, offers and advertising information. The CLIENT may choose at any time to reject the sending of such information by sending an e-mail to this effect.

According to the provisions of the law 34/2002, of July 11, 2002, of the information society and electronic commerce, at the moment the user wishes not to receive any more this type of communications, it will be necessary to inform FUNKY-BOX through the mechanisms that the latter will make available to him/her in each communication.

CANCELLATION OF THE SERVICE

The users of funky-box.com, have the possibility to unsubscribe from the service, communicating it by sending an email to the address: tienda@distribox.toys indicating as a reference in the subject: “UNSUBSCRIBE SERVICE”.

LINKS POLICY

Persons or entities that intend to make or make a hyperlink from a web page of another Internet portal to the funky-box.com website, shall be subject to the following conditions:

  • the total or partial reproduction of any of the services or contents of the website without the prior express authorization of FUNKY-BOX is not allowed.
  • no deep-links, IMG or image links, or frames will be established with the funky-box.com page without the prior express authorization of the aforementioned entity.
  • no false, inaccurate or incorrect statement about the website or the services provided by the same shall be included. Except for those signs that are part of the hyperlink, the web page in which it is established shall not contain any trademark, commercial name, establishment sign, denomination, logo, slogan, or other distinctive signs belonging to FUNKY-BOX, unless expressly authorized by the latter.
  • The establishment of the hyperlink does not imply the existence of a relationship between FUNKY-BOX and the owner of the website or portal from which it is made, nor the knowledge and acceptance by FUNKY-BOX of the services and contents offered in such website or portal.

FUNKY-BOX shall not be responsible for the contents or services made available to the public on the website or portal from which the hyperlink is made, nor for the information and statements included therein.

FUNKY-BOX makes available to the user connections and links to other websites managed and controlled by third parties. The sole purpose of these links is to make it easier for users to search for information, content and services on the Internet.

FUNKY-BOX does not commercialize, nor does it direct or previously control, nor does it make its own the contents, services, information and statements available on such websites.

FUNKY-BOX does not assume any kind of responsibility, not even indirectly or subsidiarily, for damages of any kind that may arise from the access, maintenance, use, quality, legality, reliability and usefulness of the contents, information, communications, opinions, statements, products and services existing or offered in the websites not managed by FUNKY-BOX and which are accessible from the entity’s website.

Therefore, FUNKY-BOX does not assume any obligation of control, surveillance and inspection of the links and linked contents, all of which are hosted and disseminated in other Internet sources absolutely unrelated to the managers and administrators of FUNKY-BOX.

Notwithstanding the aforementioned, in strict compliance with Article 17 of Law 34/2002, of July 11, 2002 on Information Society Services and Electronic Commerce, FUNKY-BOX, will proceed to remove those links that lead to illicit or unauthorized contents, as soon as it has effective knowledge of them. If it considers that any or some of the linked works are being disseminated without the corresponding authorization of the rights holders or that they infringe the rights of third parties, the customer may request their removal through our e-mail.

VALIDITY OF THESE CLAUSES

If a Court, declares null or void any of the clauses contained in this legal notice, it will not affect the validity of the other clauses.

APPLICABLE LAW AND JURISDICTION

In the event that any conflict or discrepancy arises in the interpretation or application of this legal notice or the conditions of use of the web funky-box.com, the Courts and Tribunals which, where appropriate, will hear the matter, will be those provided for in the Spanish legal regulations, applicable in matters of competent jurisdiction.

In the event that the user is domiciled outside Spain, or that it is a reservation made by a company, both parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Gijón (Spain).