0.- Terms of Use
These Terms of Use (from now on, “Terms of Use”), state the conditions under which users are offered access to websites, services and applications from “Fountainpens24” (“Service”). The purpose of this site is to create a space in which users all over the world can publish and share their writing instruments and accessories with other interested users, as well as communication between users offering and users interested in purchasing said items, so as to complete the transaction.
Usage of the Service attributes the person in question the status of user of said Service (“User”) and implies the full acceptance of these Terms of Use. If not in agreement with some or all of these Terms of Use, the User must refrain from installing and using the Service.
By agreeing to these Terms of Use, the User represents:
-Having read and understood what is said therein.
-Assuming all obligations herein declared.
-Being the age of majority and having enough legal capability to use the Service.
The acceptance of the Terms of Use is a prior and compulsory step to using the Service. The owner of the Service reserves the right to make changes or modifications to the Terms of Use at any given time that, once they come into effect, must be accepted by the User in order to continue using the Service.
1.-Owner of the Service
The owner and incumbent of “www.fountainpens24.com” is ARTICULOS DE ESCRITURA 24, S.L. CIF B95907408 (“Fountainpens24”).
Address:
C/ Juan Ajuriaguerra nº9 – 1º 48009 Bilbao-Bizkaia
e-mail: info@fountainpens24.com
2.- Need for registration
In order to make use of the Service, it is necessary a prior registration of the User, the acceptance of these Terms of Use and the Privacy Policy and Cookies Policy.
The information inputted by the User must be exact, current and true. The registered User will be responsible at all times for the safekeeping of their password, therefore assuming any and all damages that may incur from misuse, transfer, disclosure or loss of said password. The User must warn “Fountainpens24” immediately if under the suspicion that the password has been or could be used without authorization. In any case, access to restricted areas and/or use of the Service under a User’s password will be considered conducted by said User, who will always be held responsible for the aforementioned access and use.
Through the acceptance of the Terms of Use, the User agrees that their data will come to become part of the files of “Fountainpens24”, and the treatment of said data will be in accordance with the Privacy Policy.
3.- Purpose
These Terms of Use regulate access and use of the “Fountainpens24” platform.
The purpose of this Service is to create a space in which to promote the writing instruments that users all over the world may publish, exhibit, share and sell to other interested users.
To this end, “Fountainpens24” provides Internet users interested in writing equipment with the Website: “www.fountainpens.com”.
The User, upon signing in through the registration form, may access to the following services:
- a) Basic Service
- b) Premium Service
The specific functions included in the Basic and Premium Services will be the ones listed at the moment in the corresponding informational section of the Website.
The User acknowledges that it is not technically possible to 100% guarantee availability of the “www.fountainpens24.com” Website at all times. However, “Fountainpens24” will strive to keep the Website available as regularly as possible. In particular, for maintenance, security or capacity reasons, as well as events above the influence of “Fountainpens24” (such as public communication network issues, power cuts, etc.), short anomalies or temporary suspension of the Website’s services may happen.
4.- Regulations of use of the Service
The User commits to making a responsible use of the Service and the services available through this Website, in complete accordance with the Law, good habits and these Terms of Use and, in that case, specific conditions, as well as being respectful towards any other users.
In general terms, the provided services do not require prior subscription on signing in of the users. Nevertheless, “Fountainpens24” binds usage of certain services to prior fulfillment of the corresponding User registration, choosing the identifier (ID or login) and the password that the User commits to keeping and using dutifully.
Use of the password is personal and non-transferable, and handing it over to a third party, even if temporarily, is not allowed. To this end, the User must adopt any necessary measures for the safekeeping of the password selected, in order to avoid said password being used by third parties. Furthermore, the User is the only one liable for the use of their password, “Fountainpens24” being under complete indemnity. Under the assumption that the User knows or suspects that their password is being used by a third party, “Fountainpens24” should be made aware of such a circumstance as swiftly as possible.
The aforementioned registration will be done in the way purposely indicated in the service.
All information provided by the User through the services must be truthful and accurate. To this end, the User guarantees the veracity of all data inputted as a consequence of filling the necessary forms for subscription to the Services.
Likewise, it is the User’s responsibility to keep all information provided to “Fountainpens24” updated so it always reflects the current situation of the User. The User will, in every case, be the only one liable for any provided falsehoods or inaccuracies and for the damages they may cause to “Fountainpens24” or to third parties as a result of the given information.
The User is bound to abide by applicable laws and third party rights when utilizing the contents and services of the Website. Moreover, reproduction, distribution, transmission, adaptation or modification of the contents of the Website (text, designs, graphics, information, databases, sound/image files, logos, etc.) is prohibited in any shape or form, as well as any other elements of this Website, save prior authorization by the rightful owners or when the Law allows it.
In particular, the User is banned from: using offensive or slandering content, regardless of whether those contents affect other users or other persons or companies; using pornographic contents or contents that infringe upon child protection laws, or promoting, offering or distributing pornographic products or products that infringe upon child protection laws; bothering other users (especially with spam); using legally protected content (e.g. by legislation relative to intellectual property, brands, patents, utility models or aesthetic models) without having the right to, or advertising, offering or distributing goods or services legally protected; as well as conducting or encouraging actions contrary to free competition, including those aimed towards progressive customer acquisition (such as chain, snowball or pyramidal systems).
The User is banned from the following actions:
- Using devices, software or scripts in relation to the use of the Website.
- Blocking, overwriting, modifying or copying, unless it is needed for the proper use of the websites’ services. For instance, copy through the use of “Robot/Crawler”-type technology is not needed for the proper use of the services of the Website, and is therefore expressly forbidden.
- Publicly spreading and replicating contents from the “Fountainpens24” Website or from other users without prior authorization.
- Any action capable of damaging the infrastructure functionality of “Fountainpens24”, especially those capable of overloading it.
- Using any of the materials and information included in this Website with illicit purposes and explicitly prohibited in these Terms of Use, as well as particular conditions that are decided to be against the rights and interests of “Fountainpens24”, its members and/or third parties; and the User will be liable to them in case of breach of those obligations and/or having, in any way (including the introduction or spreading of “computer viruses”), damaged, disabled, overloaded, disrupted or impeded a normal use of the materials and information included in the Website, the information systems or the documents, files and other kinds of contents stored within any computer hardware (hacking) belonging to “Fountainpens24”, its members or any user.
The User will be held responsible for damages of any kind that “Fountainpens24” may suffer as a result of the breach of any of the obligations they are bound by in accordance with these “Terms of Use” or law relating to the Use of the Service.
The User agrees to not exhibit illegal items in the Portal. The User agrees to make available in the Portal any warnings or information pertaining their items, and to abide by all laws and provisions applicable in relation to the showcasing and posting of items in the Portal.
In order to gain access to the services offered by “Fountainpens24”, the User must sign up (“Register”) into the Portal and obtain a personal password.
Once the registration process is completed, the User will have access to the services listed in these Terms of Use.
Writing instruments provided by the users of “Fountainpens24”.
By providing writing instruments through the “Fountainpens24” portal, the User declares to be the legitimate holder of intellectual and industrial property rights for public reproduction, distribution and communication by way of any electronic means, mainly the Internet and e-mail, worldwide and for an unlimited period.
Accordingly, the User claims to be the legitimate holder or to have rights over the writing instruments entered into “Fountainpens24”.
“Fountainpens24” does not allow insertion of contents that may diminish the quality of the Service. Forbidden contents are those that:
- Are allegedly illicit according to national, community or international norm; or that carry out allegedly illicit activities; or that go against the good faith principle.
- Don’t hold up to the quality standards established by “Fountainpens24”.
- Infringe upon people’s basic rights, may seek user weakness, disrespect, bother or cause negative impressions on our users or third parties. This includes, but is not limited to: any and all of a third party’s legal rights; those that encourage or bolster the creation, upkeep and promotion of businesses linked to pornography, obscene material or management of erotic contacts; those that are linked to clairvoyance, tarot, “the occult” or any other related content; and any general content that “Fountainpens24” deems inappropriate for users, especially those who are underage.
- Defy the principles of legality, honesty, responsibility, protection of human dignity, protection of children, protection of the public order, protection of private life, protection of the consumer and intellectual and industrial property rights.
Likewise, “Fountainpens24” reserves the right to take down from the website those items that are deemed inappropriate for the characteristics and ends of “Fountainpens24”.
“Fountainpens24” cannot oversee each and every one of the posted contents, and therefore, it cannot assume responsibility for its contents.
In any case, there are periodical reviews of inserted and posted contents in order to ensure the principles of quality set by “Fountainpens24”, as well as rules set herein.
If you notice any inappropriate content in the website, please contact us through our User Support Service at: ““www.fountainpens24.com””
Users are the only ones in charge of obtaining any kind of authorization, permit or license needed for the purpose of posting any content.
Any user that inserts content against current legislation will shoulder all liability for any damages or consequences derived from it, releasing “Fountainpens24” of any responsibility.
5.- Exclusion of Users
“Fountainpens24” reserves the right to prohibit use of the Service, whether it be temporarily or permanently, to any User that breaches any of the rules established within these Terms of Use, Law or morality. At their discretion, “Fountainpens24” may also exclude Users or even halt performance of the Service, total or partial, when they consider it appropriate in order to improve performance of the Service and/or its users.
6.- Liability exclusion
“Fountainpens24” will not be held responsible for damages of any kind derived from actions including, but not limited to:
- a) Use the Users may give to the Service, or the state, origin, possible inaccuracy, or possible falsehood of the information provided by the Users or the products offered through the Service.
- b) Contents, information, opinions and claims of any User or of third parties or of entities that interact or display via the Service.
- c) Use the Users may give to the materials of the Service, whether forbidden or allowed, that infringes upon rights of intellectual and/or industrial property, confidential information, the Service or third parties.
- d) Engaging in acts of unfair competition or illegal advertising.
- e) The eventual loss of User data on account of factors not tied to the Service.
- f) Access to the contents included in the Service by minors.
- g) Unavailability, glitches, access errors and lack of continuity of the Service.
- h) Mistakes or incidents that may happen in communications, deletion or incomplete transmissions.
- i) Faults or problems in the e-mail address provided by the User.
“Fountainpens24” will only answer to the User for the Services it provides and for contents directly made and identifiable by its copyright, limited at most to the amount received by “Fountainpens24” directly from the User, excluding in any case responsibility for indirect damages or loss of profit.
Any claim or controversy that may arise between Users of the Service will be settled between themselves, as “Fountainpens24” must be relieved from any participation, even though “Fountainpens24” shall make its best effort to provide the Users with a quick and satisfactory solution through its User Support Service.
7.- Contents and services linked through the Service
The Service may include technical devices such as links, directories or search engines to allow the User to access other Internet pages and portals (from now on, “Linked Sites”).
The User acknowledges and accepts that access to Linked Sites will be done at one’s own risk and responsibility, and relieves “Fountainpens24” of any liability for eventual violations of intellectual or industrial property rights held by the owners of the Linked Sites. Furthermore, the User relieves “Fountainpens24” of any responsibility over the availability of the linked websites, the quality, trustworthiness, accuracy and/or truthfulness of the services, information, elements and/or contents the User may access.
In these cases, “Fountainpens24” will only be liable for the contents and services provided in the Linked Sites inasmuch as it has any knowledge of some illicit behavior and has not duly disabled the link. In the event that the User considers a Linked Site to hold illicit or inappropriate contents, “Fountainpens24” may be notified, without any obligation on its part to disable the corresponding link as a result of this statement.
In no case will the existence of Linked Sites be considered as a realization of an agreement with the managers or owners of said sites, nor a recommendation, promotion or relation of “Fountainpens24” with the statements, contents or services provided. “Fountainpens24” does not know the contents and services of the Linked Sites, and as such, it is not liable, directly or indirectly, for damages caused as a result of the contents and/or services of the Linked Sites being illicit, of low quality, out of date, unavailable, mistaken or useless, nor for any other damage not directly attributable to “Fountainpens24”.
8.- Intellectual and industrial property
The intellectual and industrial property rights that apply to the items, protected works and any and all contents or elements under intellectual and industrial property rights used in the Service (“Contents of the Service”) belong to their rightful owners. The User may not acquire through use of the Service any intellectual or industrial property rights, nor any user license for said elements.
The elements considered Contents of the Service are text, pictures, graphics, images, icons, technology, software, databases, and other audiovisual or sound contents, as well as graphic design and source code used in the Service. The list includes, but not limited to all of the elements above.
Text, images, graphics, sound files, animation files, video files, software, and the layout of the “Fountaipens24” website are under protection by intellectual and industrial property rights. Those elements cannot be legally copied or distributed for their commercial use, nor can they be modified or inserted in other websites without prior consent by their owners.
The User expresses to be the sole holder of all rights pertaining works, protected works and whichever other elements protected by intellectual and industrial property rights inserted in the Service by the User (from now on, the “Contents”).
The User freely yields their rights of public communication, showcasing, reproduction, distribution and transformation over the Contents to “Fountainpens24”, in all types of operation existing at the date of acceptance of these Terms of Use, universally and for as longs as the aforementioned rights hold.
“Fountainpens24” does not represent or have any company affiliation with the items that the Users may advertise in the Service.
Any and all queries related to the above can be posed through the User Support Service at www.fountainpens24.com.
9.- Posting of advertisements and sale of writing instruments
Any User wishing to put a writing instrument up for sale must take into account the fact that, by posting an advertisement, they are making an offer to sell, which will be binding from the moment another User agrees to it.
On their part, the User interested in purchasing a writing instrument for an established price is effectively entering into a legally binding sales agreement with another User. Furthermore, the User must be aware that, in purchasing an item, they will be charged with the corresponding tax, “Fountainpens24” not being liable for any breach of that obligation.
In any case, when posting writing instruments, the User must abide by the rules of netizenship.
Any transaction dealing with the acquisition or sale of a writing instrument will only bind the owner and the acquirer, leaving “Fountainpens24” outside of said legal business.
The seller of the item contracts with the acquirer to provide and send said item within the period agreed upon the issue of the invoice or proof of sale that may apply in accordance to current regulations, and to ensure its properties, as well as the compliance of any other obligation that may arise from said legal business, relieving “Fountainpens24” of any responsibility that may arise from it.
Generally speaking, items acquired through the platform cannot be returned, except in cases where the seller and buyer have agreed so.
10.- Fees
The “Basic Service” provides the Users with access to the “Fountainpens24” website completely free of charge. It is a totally voluntary system and gives whoever uses it the status of User.
Every User accepts, from the moment they access the site and without reservations, the contents of these “Terms of Use”, the “Privacy Policy”, as well as the “Specific Conditions” that may complement, substitute or modify them in some manner with relation to the services and contents of the platform. Accordingly, the User must read both carefully before accessing the website or using any of its services, under their own responsibility.
11.- Null and void clauses
May any of the clauses included in these Terms of Use be declared totally or partially null or void, it will only affect said provision or the part of it that is null or void, considering that provision not to be included, but holding the validity of all the remaining Terms of Use.
12.- Applied legislation and competent jurisdiction
These Terms of Use will follow and be interpreted in accordance with Spanish legislation. Should a litigation between “Fountainpens24” and the User arise, the User may take legal action before the Spanish court corresponding to the address of “Fountainpens24”, unless the applied legislation states otherwise.
