Last updated: Novembre 3, 2015
Welcome to Locoprice.com. Locoprice SL and/or its affiliates (“Locoprice”) provide website features and other products and services to you when you visit or shop at Locoprice.com, use Locoprice products or services, use Locoprice applications for mobile, or use software provided by Locoprice in connection with any of the foregoing (collectively, “Locoprice Services”). Locoprice provides the Locoprice Services subject to the following conditions.
By using Locoprice Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Locoprice Services, and sometimes additional terms may apply. When you use a Locoprice Service or you also will be subject to the guidelines, terms and agreements applicable to that Locoprice Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Locoprice Services, to understand our practices.
When you use any Locoprice Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Locoprice Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Locoprice Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Locoprice or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Locoprice Service is the exclusive property of Locoprice SL protected by international copyright laws.
Trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Locoprice Service are trademarks or trade dress of Locoprice SL in Spain and other countries. Locoprice’s trademarks and trade dress may not be used in connection with any product or service that is not Locoprice’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Locoprice. All other trademarks not owned by Locoprice that appear in any Locoprice Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Locoprice.
One or more patents owned by Locoprice apply to the Locoprice Services and to the features and services accessible via the Locoprice Services. Portions of the Locoprice Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Locoprice or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Locoprice Services. This license does not include any resale or commercial use of any Locoprice Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Locoprice Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Locoprice or its licensors, suppliers, publishers, rightsholders, or other content providers. No Locoprice Service, nor any part of any Locoprice Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Locoprice. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Locoprice without express written consent. You may not use any meta tags or any other “hidden text” utilizing Locoprice’s name or trademarks without the express written consent of Locoprice. You may not misuse the Locoprice Services. You may use the Locoprice Services only as permitted by law. The licenses granted by Locoprice terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Locoprice Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Locoprice does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Locoprice Services only with involvement of a parent or guardian. Alcohol listings on Locoprice are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Locoprice reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Locoprice reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Locoprice a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Locoprice and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Locoprice for all claims resulting from content you supply. Locoprice has the right but not the obligation to monitor and edit or remove any activity or content. Locoprice takes no responsibility and assumes no liability for any content posted by you or any third party.
Locoprice respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
RISK OF LOSS
All items purchased from Locoprice are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Locoprice does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Locoprice does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center
Locoprice attempts to be as accurate as possible. However, Locoprice does not warrant that product descriptions or other content of any Locoprice Service is accurate, complete, reliable, current, or error-free. If a product offered by Locoprice itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Locoprice Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Locoprice, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Locoprice is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by Locoprice, such as the Locoprice App or Locoprice Shopping App you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
LOCOPRICE SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here below apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Locoprice Services (the “Locoprice Software”).
Parties other than Locoprice operate stores, provide services, or sell product lines through the Locoprice Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Locoprice does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE LOCOPRICE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LOCOPRICE SERVICES ARE PROVIDED BY LOCOPRICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LOCOPRICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LOCOPRICE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LOCOPRICE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LOCOPRICE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LOCOPRICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LOCOPRICE DOES NOT WARRANT THAT THE LOCOPRICE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LOCOPRICE SERVICES, LOCOPRICE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LOCOPRICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOCOPRICE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY LOCOPRICE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY LOCOPRICE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Locoprice Service, or to any products or services sold or distributed by Locoprice or through Locoprice.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Locoprice Service, you agree that the laws of Spain, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Locoprice.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Locoprice Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Calle Aragon 67 5-8
07800, Eivissa (Baleares)
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our contact form . We respond quickly to the concerns of rights owners about any alleged infringement.
Please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Additional Locoprice Software Terms
- Use of the Locoprice Software. You may use Locoprice Software solely for purposes of enabling you to use and enjoy the Locoprice Services as provided by Locoprice, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Locoprice Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Locoprice Software or otherwise assign any rights to the Locoprice Software in whole or in part. You may not use the Locoprice Software for any illegal purpose. We may cease providing any Locoprice Software and we may terminate your right to use any Locoprice Software at any time. Your rights to use the Locoprice Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Locoprice Software that are specifically identified in related documentation may apply to that Locoprice Software (or software incorporated with the Locoprice Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Locoprice Service is the property of Locoprice or its software suppliers and protected by Spain and international copyright laws.
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Locoprice Software, whether in whole or in part, or create any derivative works from or of the Locoprice Software.
- Updates. In order to keep the Locoprice Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other Spain agencies and authorities that may apply to the Locoprice Software..