TERMS AND CONDITIONS Kingbee B.V.
These terms and conditions (Terms and Conditions) apply to every use of the Website https://www.Folletosofertas.es (the Website ) and all its sub domains. The Terms and Conditions also apply to all other services that are supplied by us.
The Website gathers the most recent catalogues, brochures, flyers, folders, magazines and lookbooks of stores all over Spain on a daily basis. That way you will have optimal knowledge of discounts and specials from the brochures and you will easily find that specific deal, discount or special during the bargain sales or of the stores in your neighbourhood. Often the latest brochures are the first on our Website, even before they are in your letterbox and of course you can view them at home, at work, in school or in the store. Save Folletosofertas.es in your favourites bar and save yourself a lot of time and money.
In these terms and conditions we make use of the definition Folletosofertas.es. Folletosofertas.es is part of, and holds limited reliability for, private partnership company Kingbee B.V., statutorily based in Amsterdam, holding office at the Wibautstraat 131 D in Amsterdam, registered with the Dutch Business Register under number 58525076.
Folletosofertas.es remains the right to change the General Terms and Conditions at any time. By using the Website, the user agrees that the most recent version of the General Terms and Conditions will always apply. In the event that the consumer does not agree with any such change, the consumer may cease the use of the services offered by Folletosofertas.es immediately.
Article 1 – General provisions and definitions
1. The Terms and Conditions apply to all who use the Website and/or application offered by Folletosofertas.es.
2. We will send you the Terms and Conditions at your request, free of charge. The Terms and Conditions are also available on https://www.Folletosofertas.es.
3. In the event that part of the Terms and Conditions are invalid or have been revoked, nothing will change with regards to the validity of the rest of the Terms and Conditions. The invalid or revoked part shall be replaced by a provision that will follow the guidelines of the original provisions as closely as possible. Where a singular form is used in these General Terms and Conditions, the content also applies to the plural term and vice -versa.
4. In these General Terms and Conditions the following terms apply:
4.1 Folletosofertas.es: A private partnership with limited reliability Kingbee B.V., statutorily based in Amsterdam, holding office at the Wibautstraat 131 D in Amsterdam, registered with the Dutch Business Register under number 58525076.
4.2 User: a consumer or business that has accepted the validity of these General Terms and Conditions by using the Website, or by creating an account on the Website.
4.3 Consumer: a natural person, not acting while exercising their profession orot acting as a company or business, that makes use of Folletosofertas.es and the Folletosofertas.es-App.
4.4 Providers: a supplier of goods that has come to an agreement with Folletosofertas.es with regards to the provision of (discount) offers on the webite.
4.5 Offer: a special, offer, deal, online publication, action and/or brochure of a provider that is published on Folletosofertas.es and the Folletosofertas.es-App, for the use of the consumer.
Article 2 – User guidelines, rules and regulations of the Website
1. The user may not use the Website in such a way that this violates the interests of Folletosofertas.es and/or breaches any of the Italian or other applicable laws and regulations.
2. The user may not distribute any of the following via the Website:
– Pornographic footage, movies, pictures or other media with erotic contents;
– Texts or images that are insulting, racist, discrimitative or in any way kindle or spread hatred;
– Onsollicited advertising (spam);
– Incorrect or misleading information;
– Virusses, malware, spyware or other software intended to cause damage to computers of the Website or of other users.
3. The user is prohibited to create an account under someone else’s name or to assume the identity of someone else in any other way.
4. The user will keep any obtained personal details of other users secret and will not abuse these details in any way.
5. It is forbidden to approach other users for any purposes of pecuniary gain or profit, other than those for which the Website is intended. It is also forbidden to restrict or deny third parties access to the services that Folletosofertas.es offers.
6. If the user is younger than 18 years of age, he or she is obliged to be truthful about their age when creating their account. The services of Folletosofertas.es are only accessible to minors if they have received permission to do so from their parents or guardians, i.e. it is deemed acceptable by their parents or guardians that the minor can perform the actions concerned independently.
7. In the event that the Website’s user guidelines are breached, Folletosofertas.es remains the right to remove or (temporarily) block the user’s account.
Article 3 - The platform
The aim of the Website is to offer a platform where any consumer can view relevant brochures and offers at any time, based on personal preferences and location. Folletosofertas.es publishes the offer, online publication, discount deal and/or catalogue on its own site or refers the user to the provider’s Website. By purchasing a product or service, the terms and conditions of that particular provider or supplier apply. Folletosofertas.es does not sell any products itself. It has no contacts with any sales departments of the various advertisers and is unable to mediate in the event of any problems that may occur when purchasing, delivering or returning any products or services.
Article 4 – Availability of the Website
We do our utmost best to ensure that the Website and application are available. We cannot guarantee that the Website is flawless, or will be available at all times. We do not accept responsibility for damage in any form, or for availability, accuracy, quality, presentation, transmission, integrality or content of the offered information on the Website. This includes the mention of any incorrect duration of an offer, online publication, action and/or brochure.
Article 5 – User account and abuse
1. The user must shield the login details of their account and must keep their password secret. We assume that everything that happens on a user account, will be performed by the user, or under supervision of the user.
2. If the user suspects or knows that their account is abused, this must be notified to the Website ASAP, so that Folletosofertas.es can take the nessecary action required. The user will need to send a notification to [email protected] immediately.
3. In the event that the user wishes to remove their account from our system, or unsubscribe from our newsletter, this can be done via website or mail. We will process the request within 7 working days.
Article 6 - Prices
1. Consumers can make use of our services for free. We may decide to start charging a fee at some stage in the future. We will announce any changes in fees in a timely manner. Should we announce a price change, you will always have the opportunity to opt out immediately, and for free.
2. If there is a fee applicable for any part of our services, we will clearly mention this on the Website.
Article 7 - Exclusion
We remain the right to exclude you from our services (partially) or to deny access to the Website. We can always, for any reason, remove accounts. In the event that we decide to cease access to the site or to remove your ccount, we deny any responsibility for any possible damage that this may cause.
We may exclude access to our serices by:
• Removing an account;
• (Temporarily) blocking certain parts of our services.
Article 8 - Confidentiality
We are obligated to keep all your confidential information secret. We define “confidential information” as any information where you have indicated this is confidential, or where it is of confidential nature, such as name and address particulars. Your personal details as described in the General Data Protection Regulation will only be disclosed if we are legally bound to do so.
Article 9 – Conflict mediation
We are under no obligation to mediate in case of conflict among users. As soon as a user is referred to the Website of the provider, Folletosofertas.es ceases to be a party.
Article 10 – Responsibility
1. Any responsibility of Folletosofertas.es in light of falling short in fulfilling its obligations according to these General Terms and Conditions, unlawful act, or other, is ruled out, to the extent permitted by mandatory law.
2. Should Folletosofertas.es be held responsible for damage in any form, this will be limited to direct damage only, up until the amount that would have been paid out by the party’s liability insurance in that particular case.
3. Folletosofertas.es cannot be held responsible for:
• Direct or indirect damage suffered by using our Website, regardless of whether the claim is based on a guarantee scheme, agreement or any other lawful principle;
• Direct or indirect damage suffered by (incorrect) information provided on the Website, regardless of whether that information was provided by the Website, or by third parties;
• Damage originating from errors by third parties or from unavailability of the Website, for reasons beyond the Website’s control.
• Direct or indirect damage suffered because the supply of a provider is exhausted.
• Direct or indirect damage suffered because the obligations from article 2.6 were not (correctly) complied with.
• The content of the Website, nor that of the Websites that are connected to Folletosofertas.es in any way, e.g. through hyper(text)link(s) of meta-tag(s).
• Failure to receive and process sent emails or other electronic messages in a timely manner.
• Content that is offered via push messages, hyperlinks, banners or other offers by third parties via Folletosofertas.es and any possible agreements resulting from such links, or any consequences of such agreements and compliance thereof.
2. By creating an account, using the App without an account, and by visiting our Website, personal details will be supplied to Folletosofertas.es. These personal details will be processed confirm the privacy statement of Folletosofertas.es and the applicable laws and regulations, and can be requested or deleted by the user at any time.
Article 12 - Indemnity
By using the Website, You indemnify us for liabilities, claims and damage compensation of third parties. This liability limitation does not exclude our liability in the event of intentional or deliberate recklessness.
Article 13 – Intellectual property
1. All intellectual property rights with regards to Folletosofertas.es and the App are solely based on Folletosofertas.es and may only be used by explicit written permission of Folletosofertas.es
2. Intellectual property includes at least all patent rights, trademarks, tradename rights, database rights, design rights,, domain names, knowhow and trade secrets and other rights of intellectual property in the Netherlands or any other country connected to the Website Folletosofertas.es and/or Kingbee B.V. The use of (parts of) the content on Folletosofertas.es is possibly subject to further conditions, which are assumed to be known and are to be observed.
3. You may not sell or exploit any content of the Website under any circumstances.
Article 14 – Complaint & Disputes
1. Should you have a complaint about the Website, you are requested to send this to us by email, via [email protected] Please supply your (full) name and address details along with your complaint. We also request you give us a clear description of the reason of your complaint, and any suggested solutions. Complaints will be processed within 7 working days.
2. Should a dispute arise between the consumer and/or supplier and Folletosofertas.es, The Dutch law system will apply. Under those circumstances the Amsterdam Court holds authority to judge the dispute.