The owner of the online platform and the web domain www.bexfy.com is the Spanish company BE EXPRESSIVE, S.L., with registered address in Calle Llacuna, 11, 1B*, 08005 Barcelona (Spain), registered in the Company Registry of Barcelona in book 200, volume 45854, sheet B-501043, and holder of the Spanish Tax Identification number B66953951 (hereinafter referred as, BEXFY).
Article 1. - Definitions
For the purposes of these Terms and Conditions (hereinafter referred as, T&C) the following definitions shall be applicable:
1.1.Client: Any person or entity that may use the E-platform on www.bexfy.com or on BEXFY App subject to these T&C.
1.2.Brand: Entity, products and/or Services clearly identified in the market, distributed through flagship stores or in multi-brand spaces.
1.3.Multi-brand and Point of sale: Recipient entity of the Service, mainly stores, venues, point of sales and other spaces, which shall be identified and that have signed up to the E-platform.
1.4.Member: Any Client, store, brand or multi-brand space which has access to the E-platform. Members shall be considered as Clients.
1.5.BEXFY: The Spanish company holder of the E-platform, domain, technology and Services, as well as, when applicable, Group Companies or subsidiary companies.
1.6.E-Platform: technological system developed by BEXFY. Through the E-platform BEXFY operates and renders its services. When logging in, Members have access to the digital content and the tools that allow the coordination of all the elements needed to render the Service.
1.7.Site: Interface through which Members have access to the E-platform which can be through www.bexfy.com or BEXFY App.
1.8.Service: The Services provided by BEXFY to its Members through the E-platform. The services can be updated, added or deleted at any time at BEXFYs discretion.
1.9.Transaction: Any activity provided by BEXFY, Client or Provider through the Site, such as (without limitation): the new or updated content made available, the download of files or the purchase of audiovisual content or fragrances.
1.10.Provider: Any person or entity that sells goods or services, such as: sound equipment, audiovisual content or fragrances, as well as, the staff in charge of installing or maintaining it.
1.12.Memberb s data: The information provided by Members, stores, Brands or Multi-brand spaces, as well as all the information regarding the transactions made through the Site.
Article 2. - Object
2.1.These T&C establish the regulations under which BEXFY allows its Members to sing up, log in and access its services. When logging in the Site, you accept these T&C. The access and web surfing of the Site is under these T&C, if you do not agree, understand nor feel comfortable with any of its clauses, please avoid the use of the Site, even for information purposes. In case of doubt please contact us and we will answer any questions regarding the use of the Site or our Services.
2.2.When accepting these Terms and Conditions, you state that:
2.2.1.You have read and understood these T&C.
2.2.2.You acknowledge the obligations in this document.
2.2.3.You are of legal age and have the legal capacity to use the Services.
2.3.In order to use BEXFYb s Services, it is necessary to sign up as a Member. You acknowledge and accept that BEXFY can, at any time, include or modify the characteristics of its Services.
Article 3. - Sign Up
3.1.Anyone who accepts these T&C and that signs up at BEXFY E-platform, shall be considered as Member (equivalent to Client). It is forbidden to sign up through an agent or third party.
3.2. BEXFY, following previous notice to the user, reserves its right to refuse the registry of a user whose membership has been previously terminated or whose membership is considered as unfit. This prohibition can be temporarily or permanently.
3.3.In order to sign up you shall fill in all the information required in the Site application form, after carefully reading all the filling instructions. You state that all the supplied data is true, complete, precise, comprehensive and up to date; on the contrary, BEXFY shall, following previous notice to the user, immediately cease or close the account.
3.4.You shall update or modify your personal data and payment information, as well as your delivery address and contact details. All the transactions made before the update of such information shall be based on the stored data in our files. BEXFY is not liable for the loss, delay, expense or damages, caused by the mistakes or the lack of clarity of the information provided.
4.1.BEXFY may require the authentication of the Members when using Services such as: online shopping or the update of personal data. In such cases, BEXY shall assign the Member a personal user identifier (hereinafter, Client ID) and a password. BEXFY recommends its Members to periodically change their password in order to avoid unwanted or non-authorized access by third parties to the Member account.
4.2.The registered Client shall be responsible, for the custody and confidentiality of the account data (i.e. password), and for denying access to its personal computer or devises, taking consequently, responsibility for the damages that may occur for its misuse, transfer, disclosure or extraction. Please notify BEXFY, if you have any reason to believe that your password has been used without your authorization.
4.3.Members acknowledge and agree to keep their assigned Client ID and password in secret and not to disclose it to third parties. When introducing the assigned Client ID and password, BEXFY shall understand that the Member has requested access to the Site. BEXFY is not liable for the losses or damages caused for the use of the Client ID and password by non-authorized third parties.
4.4.The outsourcing and transfer of the membership condition and the rights granted by BEXFY to third parties, is strictly forbidden and shall be considered as a serious breach of these T&C.
4.5.Clients agree to use the Site in accordance with the Law, morals, Law enforcement and these T&C. Likewise; they agree to use the Service appropriately and not to use it for illicit or illegal purposes.
4.6.BEXFY is not responsible for vetting or rating, and in any case guarantees Provider offers. BEXFY assumes no liability for the Providers actions, products or content.
Article 5. - BEXFY
5.1.The E-platform allows the contact between BEXFY, Providers and its Members. BEXFY is a technology service Provider. Through the E-platform BEXFY offers its Members content, products and services, when otherwise specified.
5.2.BEXFY allows the Providers to offer and sell their products through the E-platform. The detail page of the products shall have the corresponding data. BEXFY is neither the buyer nor the seller of the products. Therefore, the purchase agreement is between the seller and the buyer. BEXFY has nothing to do with it and does not assume any responsibility.
5.3.Unless otherwise stated, BEXFY does not store, give, nor has any control over the products and services offered or rendered by the Providers through the Site. The Providers are responsible for the execution of the required transactions. The digital and multimedia content is stored in BEXFY servers. Therefore, BEXFY does not manufacture, in accordance with articles 5 and 138 of the Spanish Protection of Users and Consumers Act.
5.4.BEXFY is not liable for the transactions performed by Providers and Members, including, cancelation, delay or breach, unless BEXFY is the Provider. Any other problem arising from a transaction shall be solved between the involved parties (Provider and Client).
5.5.However, BEXFY ensures the enforcement of consumer rights and the obligations established by the Spanish Law. If any dispute arises, BEXFY shall, if any of the affected parties requires it, provide the information and documents registered in its system related to the specific transaction, with the aim to easily solve the dispute.
6.1.Scope of application
6.1.1.These T&C shall be applicable to the transactions between Members and Providers. These T&C are considered as basic. Providers can enhance these conditions; in that case, those conditions shall have preferential applicability over BEXFY.
6.1.2.BEXFY is not the manufacturer of the products sold in the Site. While we strive to make sure the information in our Site is right, in some occasions the packaging and the materials of the product can have additional or different information.
6.2.1.The product prices and the published contents in our Site have been added by the Providers. BEXFY has not been involved in the insertion of such information, nor its prices and is not liable for the accuracy of that information. BEXFY shall only be liable for the Services provided directly by BEXFY to the Client through the E-platform.
6.2.2.All prices include applicable taxes
6.2.3.The Client acknowledges and accepts that BEXFY does not guarantee the suitability, reliability and accuracy of the information provided in the Site and consequently is not be liable, in any case, for typographic or any other mistakes, nor the wrongful functioning of the Site in cases where the price or the characteristics of the product are wrong and give rise to an abusive situation. In such cases, BEXFY reserves its right to refuse or cancel any order, regardless of its double click confirmation by the Client. BEXFY shall get in touch with the affected Client and inform about the order cancellation and the refund of the paid amount.
6.3. Payment and fraudulent transactions
6.3.1.With the aim to manage the transactions made through the Site, BEXFY will collect the amounts paid by the Clients and will be responsible for transferring them to the Providers in the agreed way. Members will only be able to purchase those products or Services offered by Providers that have subscribed and agreement with BEXFY.
6.3.2.When buying through the E-platform, BEXFY will send you an email with the order confirmation of the purchased products and you will be able to modify the order before its shipping. You accept to receive the invoices of your purchase electronically.
6.3.3.BEXFY in collaboration with the payment method providers, reserves its right to use third parties payment methods and/or financial institutions in order to manage the payments made by the Members.
6.3.4.BEXFY when suspecting that fraudulent payments have taken place, reserves its right to request the Client the documents and information that deems necessary to check the identity of the buyer and the holder of the used payment method.
6.3.5.If BEXFY considers proven that a Member is involved in a fraudulent action, shall report such activities, proving them in front of the competent authorities.
6.3.6.BEXFY is not responsible, under any circumstance, of the non-authorized use of credit cards or any other payment method allowed in the Site, regardless of whether reported or not by the owner, unless BEXFY is aware of the fraudulent nature of the transactions.
6.3.7.BEXFY does not have access to the Client bank data and does not register nor know such information while the transaction is taking place.
6.3.8.BEXFY reserves its right to refuse or cancel, at its own discretion and previously communicating the Members any order that (i) may have an inaccurate product (ii) may have obvious mistakes regarding its price or (iii) is suspicious of fraud or (iv) a Member has provided incomplete, inaccurate or fake information.
6.4.1.Shipping expenses shall be paid by the Client, unless otherwise indicated.
6.4.2.BEXFY or the Provider shall set the shipping price in the ordering process; this expense shall be approved by the Client, unless included in the price. In no case, the Provider shall charge the Client with an expense that was not included in the ordering process, unless both parties have agreed on it.
6.4.3.BEXFY or the Provider shall communicate an estimated delivery date in the ordering process.
6.4.4.The Client is responsible for reviewing the order at the time of its delivery and shall communicate any claim in the term established by the Law.
6.4.5.The order logistic is a Provider duty, or when applicable, of the service provider hired by the Provider or by BEXFY. BEXFY, unless when providing the Services, does not intervene in the logistics process. BEXFY is not liable for the breach of these obligations by a logistics operator, without prejudice of the management actions that BEXFY can perform, when requested, to solve a problem.
6.5.1.The Client has the right to withdraw the purchase Agreement, without giving any reason in fourteen (14) days following the reception date of the product. The date stated in the delivery voucher will be used as the starting day of the fourteen (14) day period.
6.5.2.In order to exercise its withdrawal right, the Client shall send an email to firstname.lastname@example.org, indicating the email address used in the purchase and the order number. The Provider shall answer that email to the Client specifying the steps to be taken to withdraw the Agreement.
6.5.3.The Client shall pay the return expenses. The product shall be packed and sent in a secure form. The Client shall be responsible for any damage or defect that the product may suffer in this process.
6.5.4.The Provider shall reimburse the amount received for the product, including the shipping expenses, in a fourteen (14) day period, through the same payment method used by the Client in the purchase. This fourteen (14) day period starts on the date of product verification by the Provider.6.5.5.The Provider shall accept the return of the product only when its use has been limited to the mere verification of its proper functioning. The withdrawal right shall not be applicable when the order consists on:
-Sealed sound, video recordings or software, when unsealed by the Member after delivery.
-Tailored or personalized goods.
-Digital content delivered in an electronic support if the Client has agreed on its execution on the delivery moment. The execution of the content does not allow its withdrawal.
6.5.6.The Provider shall not allow the return of a product when it has been damaged by the Client.
6.5.7.When returning a product, it has to be in a perfect condition (without any damage) and packed in its original package. The product shall be sent to the address appointed by the Provider. Likewise, the Client needs to be identified in the return package. If the product is not returned in the conditions stated in this clause, it will suffer a depreciation that shall be paid by the Client.
6.5.8.When article 102 of the 1/2007, Royal Decree of November 16th, of Users and Consumers Protection, is applicable, no withdrawal shall be allowed. This includes but is not limited to the return of personalized products, sound or video recordings, unsealed software, digital content provided in electronic support, subject to a download or played by the Member.
6.6.1.The Provider ensures the quality of the product for a two (2) year period since its delivery date.
6.6.2.Client shall inform the provider of its lack of conformity in the term of two (2) weeks since having known about it.
6.6.3.The deficiencies related to negligence, blows, use, improper handling, incorrect installation or when non-executed by the authorized technical service, or when summited to a normal use, will not be included in the guarantee.
6.6.4.If the guarantee is used, the product shall be repaired, replaced, have a discount or be returned, in accordance with article 118 of the Protection of Consumers and Users Law.
6.6.5.In order to use the guarantee, the Client shall contact the Provider who will indicate the steps to take in order to make it affective.
Article 7. - Exemptions from liability
7.2.We strongly suggest not clicking on any link nor downloading any program or file offered or published by Providers. BEXFY does not have any control over the content or third party Sites.
7.3.You accept and agree that BEXFY is not liable for the damages caused by a system outage, delay, suspension or loss of data, equipment failure, non-authorized access to your data or damages caused by you in relation to the use of the service, nevertheless BEXFY shall develop the maximum diligence for the early resolution of these issues.
7.4.BEXFY does not guarantee the content of emails sent from/to the Site.
7.5.BEXFY is an independent party of the transactions approved between Members and Providers and is not liable for any issue regarding information provided to Clients or published to the Site, without prejudice of the measures to be put in place as established in clause 6.3 of these T&C.
7.6.BEXFY is not liable for losses or damages consequence of the breach of these T&C by a Client or Provider.
7.7.To use the Site, a computer or a compatible device, internet connection and a payment method accepted by BEXFY shall be needed. Price and fares associated to the services, devices or any other expense are not covered by BEXFY or Provider, unless otherwise stated.
7.8.BEXFY shall suspend or terminate the provision of services, in its whole or in part, or take the necessary measures without previous notification to the Client with the aim to sustain the quality of the service in the following:
(i)Ordinary maintenance of the system and maintenance of the emergency system;
(ii)In case of overload;
(iii)When a risk of interruption of Services is detected; and
(iv)To ensure the Client security, or for the good of the service.
7.9.BEXFY is not liable for the losses or damages caused, directly or indirectly, for the suspension or interruption of the Service; notwithstanding the foregoing, shall reimburse the amounts paid by Clients for transactions that have not taken place because of the unexpected interruption of the service.
8.1.When using BEXFY services, you agree not to carry out the following:
(i)Actions against the Law or against agreements subscribed between the parties, including but not limited to these T&C;
(ii) Actions that violate BEXFY, Providers or third parties rights, interests or reputation;
(iii)Engaging in activities that may affect the physical or mental development of kids or violate public order or moral;
(iv) Engaging in activities that may interfere or hurt other users or third parties feelings;
(v)Provide false information.
(vi)Send virus, malware or cause electronic damage through computer programs or emails;
(vii)Access computer equipment owned or managed by BEXFY without authorization;
(viii)Communicate Client ID and password to a third party; and
(ix)Enter different incorrect passwords in a row.
8.2.When a Member breaches any of these obligations or when considered necessary, BEXFY shall suspend or cancel an account or Service without previous communication.
8.3.Client agrees to maintain BEXFY free of responsibility in any claim, fine, penalty or sanction that results from a breach of the T&C or from the performance of a prohibited act, reserving its right to request an indemnification for the corresponding liquidated damages.
9.1.BEXFY is the owner and holder of the domain, brand, signs, App, Site and content, including texts or images of the Site, with the exception of the content published by Providers or third parties that have accepted its publication for the corresponding purposes.
9.2.The use, reproduction, copy, transformation or transmission of content published in the Site, without previous written authorization by its owner is not allowed, nor the use of tools or searching or data extraction robots. It is also not permitted, without the company previous written consent, the publishing of a data base when its content is a copy of BEXFY services. If you have any doubt of the ownership of the content, services or features of the Site, contact BEXFY.
9.3.The Membership condition does not give any IP right over the artworks and content of the Site.
9.4.BEXFY is not responsible for the content published by Providers.
11.1.If any of the clauses included in these T&C were to be declared totally or partially, invalid or inefficient, such invalidity or inefficiency shall only affect that clause or the invalid part of that clause, subsisting all other clauses part of these T&C, considering such clause totally or partially not included.
Article 12.- Update of these T&C
12.1. BEXFY will periodically review these T&C. When BEXFY includes or modifies any of its provisions, the update shall be immediately effective after its publication on the Site. Modifications included in these T&C shall not be retroactive.
12.2.You acknowledge and agree to be bounded by the Site applicable T&C at any moment and agree, to execute and fulfill them.
12.3.If BEXFY assigns a third party as the holder of the latest versions of the T&C, parties acknowledge as the only valid version of such T&C at any time the one available in the third parties data base.
13.1. These T&C will be governed and interpreted by the Spanish Law.
13.2.The parties agree to summit, at their election, the resolution of their conflicts to the courts of the Members registered address and agree to waive any other jurisdiction.