T & C Use 

 

 

1. Corporate information


ALPARGATAS EUROPE, S.L.U., (hereinafter, also referred to as “ALPARGATAS”), with registered address at Arroyo Del Santo, 4 Bis. 28042, Madrid, Spain and Tax Identification Number: ESB85358596, and registered in the Companies Registry of Madrid, in Volume 25.437, Sheet 59, Section 8ª, Page M-458.276, as owner of the website www.havaianas-store.com (hereinafter, the “Website”), informs you below of the Terms of Use of the Website.

 

2. Terms of Use

Accessing or using the website implies the user’s (hereinafter, the “User”)acceptance of these Terms of Use.

3. Non-permitted uses

As a User of the Website, we hereby inform you that accessing or using the Website for illegal and unauthorised purposes, whether or not for financial gain, is PROHIBITED and you will therefore be exclusively liable for any consequences. The prohibited actions include, but are not limited to, the following:
a. Using the Website illegally, or in any other manner that might damage, overload or harm the Website.
b. Introducing computer viruses, defective files, or hosting, storing, distributing or sharing any other material or computer program that might damage or alter the contents, programs or systems of the Website.
c. Using or reselling the contents included in the Website for unauthorised commercial purposes, without prior authorisation from ALPARGATAS.
ALPARGATAS EUROPE shall be entitled to take the necessary measures, at its sole discretion, at the request of the third party concerned or of a competent authority, in the event of any breach of the provisions set out in this clause. The adoption of such measures will not give the right to any compensation.

4. Use of the Website: responsibilities

The User is entirely responsible for his/her access to and correct use of the Website subject to the principles of good faith, morality and public order. The user undertakes to comply diligently with any instruction which, regarding said use and access, may be given to him/her by ALPARGATAS EUROPE, in accordance with the provisions of these Terms of Use..
The User is required to make reasonable use of the Website and its contents, in line with the possibilities and objectives for which it is designed.
The User is solely responsible for the information or contents of any kind that he/she may disclose through the Website.
5. Personal Data Protection

The collection and processing of personal data provided by the User, as well as the exercising of the User's rights over such data, will be governed by the Website’s Privacy Policy.

6. Disclaimer

6.1. For the contents provided by Users

Any contents, files, information, advertising, opinions, concepts and images hosted on the Website that contravene the law, morality, good faith and public order or contain any type of computer virus or similar software routine will be removed.

ALPARGATAS EUROPE is not liable for the contents, files, information, advertising, opinions, concepts and images that do not depend on the Website and are not managed by ALPARGATAS EUROPE br />
ALPARGATAS EUROPE will accept no liability, whether direct or indirect, resulting from the User’s misuse of the Website and its contents. The User is liable, in all cases and under his/her exclusive responsibility, for the consequences, damages or actions that may result from his/her access to or use of the Website or the hosted contents, as well as from their reproduction or communication.

6.2 For content hosted on pages accessible from the Website

ALPARGATAS EUROPE haftet nicht für Inhalte, Dateien, Informationen, Werbung, Meinungen, Konzepte und Bilder, die direkt oder indirekt über eine verlinkte Website ausgegeben, veröffentlicht oder verteilt werden, die über die Website durch Links oder einen der Dienste zugänglich ist, die mit der verlinkten Website verknüpft oder verbunden sind. br />
6.3. Für das Funktionieren der Website

ALPARGATAS EUROPE provides its services and contents on a continuous basis, using all the technical means at its disposal in order to provide this service in a satisfactory manner.

ALPARGATAS EUROPE may, when it deems it appropriate, make corrections, improvements or modifications to the information contained on the Website, in the services, or in the contents without this giving rise to any claim or compensation or implying acknowledgement of any liability.

ALPARGATAS EUROPE is not liable for damages of any nature that may arise from the availability and technical continuity of the operation of the Website. At any event ALPARGATAS EUROPE will perform all the actions necessary to re-establish its services in the event of technical failure.

7. Intellectual and industrial property

ALPARGATAS EUROPE, as the owner of the collective work making up the Website, is the owner of all the corresponding intellectual and industrial property. Notwithstanding the foregoing, all brands and logos related to HAVAIANAS, referred to on the Website are trademarks or registered trademarks of ALPARGATAS, S.A. and are the subject of exclusive license by ALPARGATAS, S.A. to ALPARGATAS EUROPE.

Any form of reproduction, distribution, public disclosure, transformation and, in general, any form of exploitation of all or part of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website, the databases (sui generis right) and the software necessary for the visualization or operation thereof (including source codes) is prohibited without the express and prior written authorization of ALPARGATAS EUROPE verboten.

The User may not, under any circumstances, exploit or commercially benefit from, directly or indirectly, in whole or in part, any of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website without the prior written authorization of ALPARGATAS EUROPE.
All contents, without exception and without limitation, that are part of the Website, that is, information, articles, data, texts, logos, icons, images, the design and image of the Website (external appearance or “look and feel”), video files, audio files, databases, and computer applications, are owned by ALPARGATAS EUROPE or are operated under license from third parties that own the intellectual and/or industrial property rights of the aforementioned content. These are protected by prevailing intellectual and industrial property laws.

8. Changes and modifications of the terms

ALPARGATAS EUROPE may, at any time, modify these terms or introduce new terms of use, with it being sufficient to announce this through the Website.
In the event of a regulatory action, legal measure or regulatory measure that, in the reasonable judgement of ALPARGATAS EUROPE, prohibits, substantially restricts or renders commercially non-viable the provision of the service, ALPARGATAS EUROPE will be authorized to: (i) modify the service or the terms and clauses of this Contract in order to adapt to the new situation, (ii) terminate the Contract. ALPARGATAS EUROPE will be exempt from any liability arising from the actions described in this clause by publishing the modifications on the Website.

9. Applicable law and jurisdiction

Prevailing legislation will determine the laws that shall govern and the jurisdiction applicable to the relations between ALPARGATAS and the USER and the Website. However, in those cases in which such prevailing legislation provides for the possibility of the parties submitting to a specific jurisdiction, ALPARGATAS and the USER, expressly waiving any other jurisdiction that may correspond to them, submit themselves to the Courts of the City of Madrid, Spain.
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