Last updated on March 28th, 2017
GENERAL TERMS AND CONDITIONS
At Beloud.co (hereinafter the “Web”), Beloud Technology S.L. is implementing a Web Site to enable Purchasers (hereinafter “Purchasers”, “Users” or “You”), following registration, to acquire products directly from music professionals such as Artistes, Musical Magazines, Record Labels and Promoters (hereinafter “Vendors”) that they have put on sale through the Web Site.
In order to use this Service, Users must agree to submit to the present Terms and Conditions without any restriction or reserve. This agreement shall be expressed by clicking on the validation box during registration for the Service.
DESCRIPTION OF THE SERVICE
Beloud.co is a Web Site generating a space for music fans to discover a new way to find entertainment and relate to artistes through a sustainable model for music professionals (artistes, musical magazines, record labels, promoters). The Service comprises a set of tools enabling Vendors to contact Purchasers in order to propose Products to them for sale, to reference and describe these Products, to accept the orders placed by Purchasers, to receive amounts for the Products purchased and to manage the After-Sales Service for the Products they have sold.
Transactions effected via the Service, due to Product and Service purchase requirements, are concluded directly between the Purchaser and the Vendor. Nonetheless, out of a concern for improving the quality of its Services and to be able to select its collaborators, Beloud.co recommends that you notify us of all the comments and suggestions you might wish to inform us of with respect to quality of the transactions through the intermediation of the Service. With this aim, Beloud.co offers you the following email address: email@example.com. Should the present General Terms and Conditions not be respected, Beloud.co reserves the right to suspend access to the Service, temporarily or definitively, for any Purchaser involved. Each Purchaser undertakes to conclude purchases in good faith.
The LGDCU shall not apply between Beloud and Purchasers as Beloud is not the Vendor except in the case of the purchase of digital products.
TERMS AND CONDITIONS
The service provider responsible for the Web Site makes the present document available to Users pursuant to the obligations foreseen in the Information Society and Electronic Commerce Services Act (Law 34/2002) (LSSI-CE in its Spanish acronym) in order to inform Users with respect to the conditions for using the Web Site.
Please read these terms and conditions carefully as they contain all the information you need with respect to your rights and obligations as a user of Beloud. Here you will be able to find everything that you can and cannot do on the Beloud.co Web Site, as well as all the procedures for lodging complaints and resolving conflicts.
Everyone accessing this application assumes the role of User and undertakes to observe and strictly comply with the provisions set out herein, as well as any other legal provision that may be applicable.
The present terms and conditions regulate access to and use of the Service and the Web Site hosted on the domain name http://www.beloud.co, as well as all of the contents displayed or made available to Users on the site. Whenever you access or use the Web Site or any of its utilities, you are stating that you have read and agree to comply with the all of the provisions set out in these Terms and Conditions. The present terms and conditions shall also apply to the mobile version of the Service.
Access to some contents and the use of some services or products may be subject to certain specific conditions that, in each case, will replace, complement and/or amend the present Terms and Conditions for using Beloud and, in the event of any contradiction, the terms of the specific conditions shall prevail over those stipulated in these Terms and Conditions.
The collection and processing of your personal details as well as the exercise of your rights with respect to these data will be governed by the present Terms and Conditions and the Privacy and Data Protection Policy. Subject to the terms and conditions of the Licence, Beloud authorizes you to use it only in accordance with the terms of this Licence; it is not sold to you.
SCOPE OF THE LICENCE
The permission granted by the Service Provider by means of this Licence is limited to a non-transferable licence to use the Web Site only for personal purposes on any personal computer or mobile device owned or controlled by you. This Licence does not allow you to use the Web Site on any mobile device not owned or controlled by you, nor does it enable you to distribute the Web Site or make it available on any network where it might be used simultaneously by multiple devices. You are prohibited from leasing, renting, lending, selling, redistributing or granting licences to third parties in order to use the Service. Furthermore, you are also not allowed to copy (except where expressly allowed by this Licence and the Usage Rules), decompile, apply reverse engineering, dismantle, attempt to derive the source code, modify the Web Site or create derivative works from it, its updates nor any part of the same (except and solely insofar as any of the preceding restrictions is prohibited by current law or insofar as permitted by the terms governing the use of open-code components, if any, included with the Web Site). Any attempt to do so shall constitute a breach of the rights of the Service Provider and its licensees. Any failure to comply with this restriction may be subject to legal actions against you and you may have to pay compensation for damages. The terms and conditions of this licence shall govern any and all updates supplied by the Service Provider, unless the update is accompanied by its own separate licence. In such cases, the terms and conditions of the new licence shall apply.
SECURITY OF YOUR PROFILE
YOU EXPRESSLY AGREE that the Service and the services of Beloud are offered to you solely and exclusively for your personal use and you are not allowed to use it for any economic or commercial purpose without first obtaining the authorization of Beloud. Access to the Service necessarily implies that you must provide Beloud with a series of personal details and, therefore, consent to our Privacy and Data Protection Policy. You are prohibited from supplying false information and must therefore identify yourself always with your real name and give accurate information. If Beloud detects false or incorrect information in your profile, your profile may be cancelled in accordance with the provisions contained in these Terms and Conditions.
Access to the Service and the use of your profile implies your undertaking and obligation to use the same correctly, subject to these terms and conditions and current legislation, whether domestic or international, as well as the principles of good faith, public morals and law and order, and also with the commitment to observe diligently any additional instruction that may be given by Beloud in connection with your use of and access to the Service. You are responsible for any and all use made of your profile.
The Liability of Beloud.co vis-à-vis Purchasers shall only arise through events directly attributable to Beloud and causing Purchasers harm resulting directly from such events committed by Beloud. Beloud shall not be liable for any and all harm potentially caused to Purchasers where Beloud may have been indirectly involved. Beloud shall also have no liability whatsoever for any harm that may be caused to Purchasers as a result of any improper use by the latter of the Service or of any error on the part of Purchasers. Nor shall Beloud be liable for any events attributable to any third party outside the Service.
Beloud shall not be liable, for any concept whatsoever, for any contents that Purchasers and/or Vendors may include on the Web Site owned by Beloud, especially with regard to the description of Products, prices and any sales conditions or any appreciations Purchasers may express regarding Vendors, products, prices, etc. Finally, Beloud.co declines any and all liability with respect to sales concluded by Purchasers with Vendors through its Service, as Beloud lies totally outside such relations. Any and all complaints about the products themselves, comments appearing in the description of the Products, or the shipment of Products shall be forwarded to the Vendor in each case and the Vendor shall assume in full the sole Liability in this regard.
Purchasers are the sole party responsible for the use they make of the Service, especially for any appreciations and/or evaluations given on the Web Site regarding Vendors. For this reason, Purchasers shall hold Beloud harmless vis-à-vis any complaint arising from such circumstances, as well as undertaking to compensate Beloud for any claim that the latter may receive from any third party or administration in connection with such events or due to any use made by Purchasers on the Beloud.co Web Site.
Purchasers are obliged to make a reasonable use of the Service and of the Web Site and its contents, in line with the possibilities and purposes for which they have been designed.
Beloud makes the Service available to you assuming solely and exclusively the liability derived from the due diligence that may be required in law. Beloud shall not assume any liability whatsoever, whether direct or indirect, arising out of any improper use made of the Service, the Web Site or the contents located therein.
Beloud shall do everything reasonably feasible to monitor the legality of the contents, offers, images, opinions and other information communicated through the Service and the Web Site. Nonetheless, as it is not possible to achieve absolute control over the same, You will be the sole party responsible for any and all information, images, opinions, allusions or contents of any kind that you may communicate, host, transmit, make available or display through the Web Site. Specifically, You will be the sole party responsible for maintaining your profile and any information, images, opinions, allusions or contents of any kind that You communicate, host, transmit, make available or display in your profile.
USES NOT PERMITTED
THE FOLLOWING ACTIONS ARE ABSOLUTELY FORBIDDEN and the consequences of the same shall therefore be your exclusive responsibility: access to or use of the Service for illegal or unauthorized purposes, with or without any economic result, and, more specifically and without the following list being exhaustive, you are prohibited from:
· Hosting, storing, divulging, publishing, distributing or sharing any content that may in any way be considered as a breach of the constitutional rights to personal honour, image and privacy or those of the relatives of third parties and, most particularly, of minors.
· Hosting, storing, divulging, publishing, distributing or sharing images or photographs reflecting the images or personal details of third parties without having obtained the corresponding consent of the subjects.
· Hosting, storing, divulging, publishing, distributing or sharing any contents constituting a breach of secrecy in communications, the contravention of industrial and intellectual property rights or in violation of the rules regulating the protection of personal data.
· Hosting, storing, divulging, publishing, distributing or sharing any material or information that is illegal, racist, obscene, pornographic, abusive, libellous, misleading, fraudulent or otherwise contrary to public morals or law and order.
· Using the Service to insult, defame, intimidate, violate personal image or harass other users.
· Making any use of the Web Site or any of the services from Beloud in any illegal manner or in any way that might harm, overload or impair the Service or the Web Site.
· Introducing computer viruses, defective files, or hosting, storing, distributing or sharing any other computer-related material or programme that may cause harm or alterations in Beloud’s contents, software or systems.
· Using the Service to send out advertising or commercial communications, to distribute messages for advertising purposes or for the capture of data for this same purpose.
· Using the Service, regardless of the purpose, to send out bulk and/or repetitive unsolicited emails to a plurality of persons, or sending email addresses of third parties without their consent.
· Capturing or compiling email addresses or other contact information from other users through the Service in order to send them emails or other unsolicited communications.
· Hosting, storing, divulging, publishing, distributing or facilitating unsolicited or unauthorized advertising, illicit offers, promotional material, "spam", "chain letters", or similar communications.
· Recording and using profiles, as well as the resources, contents, tools and/or invitations of Beloud for any economic, commercial or advertising purpose.
· Creating Profiles in the name of or for the benefit of any legal persons (companies, administrative entities, organizations, associations, political parties, trade unions, NGOs, etc.).
· Requesting, asking for or soliciting, through the Service, personal information from other users or their passwords or other personal details.
· Creating a false identity, supplying and/or using false information in profiles, uttering false statements, providing inaccurate information about yourself and other persons and/or your relationship with them.
· Registering a profile in another person’s name or in any other way using the identities of other persons and, in particular, the impersonation of others.
· Using the Service to organize any kind of games of chance, betting or luck where participation implies the use of cash or objects of economic value.
· Preventing the normal course of an event, competition, promotion or any other activity available through the Service or any of its features, whether by altering or attempting to alter illegally registration and/or participation in the same, by falsifying the result of the same and/or using fraudulent methods to participate by means of any procedure, whether technical or computer-related, and/or in breach of or in any way contravening the present Terms and Conditions.
The performance by you of any of the preceding behaviours, with or without any economic consideration, shall entitle Beloud, depending on the severity and at its sole discretion, to suspend or cancel your profile immediately and, where appropriate, to remove contents from profiles in breach of this catalogue of prohibitions.
Where Beloud or an entity sponsoring or collaborating in any event, competition, promotion or activity available through the Service detects any anomaly or fraudulent behaviour or suspects that a participant is attempting to subvert the normal course of the same, it may unilaterally eliminate the registration of that participant, without the need for any prior notice, as well as suspend the event, competition, promotion or activity, and/or declare it null and void. By application of the foregoing, Beloud might suspend or cancel your profile automatically without prior notice and, in no case shall such a suspension or cancellation entitle you to any compensation whatsoever. For all these purposes, you are hereby informed that Beloud may report such behaviour to the competent police and judicial authorities and collaborate appropriately with them if any breach of current legislation is detected or if there is any suspicion of criminal activity.
IMPERSONATION OF OTHER PEOPLE’S PROFILES
As soon as we have prima facie signs of your having impersonated any third party through your profile, we will proceed to verify your identity and, if we confirm that you have impersonated another person, we will delete your profile. Furthermore, should it not be possible to verify your identity by suitable means, we shall also proceed to cancel your profile definitively.
If you discover at any time that a profile is false or if you have doubts about its potential accuracy, please do not hesitate to send us an email to info@Beloud.co. For all these purposes, you are hereby informed that Beloud may report such behaviour to the competent police and judicial authorities and collaborate appropriately with them if any impersonation is detected as implying the commission of a crime, particularly that described in article 401 of the current Criminal Code.
USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEY USE THE SERVICE AT THEIR OWN RISK AND THAT THEY ASSUME ALL OF THE RISK WITH RESPECT TO SATISFACTORY QUALITY, OPERATION, PRECISION AND EFFORT. INSOFAR AS IS ALLOWED BY APPLICABLE LAW, ALL OF THE SERVICES RENDERED BY BELOUD "AS IS" AND "AS AVAILABLE", WITH ALL OF THE IR DEFECTS AND WITHOUT ANY KIND OF WARRANTY, AND THE WEB SITE PROVIDER HEREBY REJECTS ANY AND ALL GUARANTEES AND CONDITIONS WITH RESPECT TO THE SERVICE, WHETHER EXPRESS, IMPLICIT OR LEGAL, INCLUDING WITHOUT LIMITATION THE IMPLICIT GUARANTEES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, SUITABILITY FOR A PARTICULAR PURPOSE, PRECISION, RESERVED ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE WEB SITE PROVIDER DOES NOT OFFER ANY WARRANTY AGAINST INTERFERENCE IN YOUR ENJOYMENT OF THE WEB SITE, THAT THE FUNCTIONS CONTAINED IN THE SAME, AND THE SERVICES PROVIDED THEREIN WILL CONFORM TO YOUR NEEDS, THAT THE OPERATION OF THE WEB SITE OR ITS SERVICES WILL BE FREE FROM ERROR AND INTERRUPTION, NOR THAT ANY DEFECTS IN THE WEB SITE AND THE SERVICES WILL BE CORRECTED. NO INFORMATION OR ADVICE GIVEN ORALLY OR IN WRITING BY THE WEB SITE PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CONSTITUTE A GUARANTEE. IN THE EVENT THAT THE SERVICES ARE OR BECOME DEFECTIVE, YOU ASSUME ALL OF THE EXPENSES OF ANY NECESSARY REPAIRS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLICIT GUARANTEES NOR LIMITATIONS ON CONSUMERS’ LEGAL RIGHTS TO THE FOREGOING EXCLUSION AND LIMITATIONS MAY NOT BE APPLICABLE TO YOU. INSOFAR AS THE APPLICABLE LAWS REQUIRE THE PROVISION OF SUPPORT AND MAINTENANCE, THESE SERVICES WILL BE SUPPLIED BY THE APPLICATION PROVIDER.
LIMIT OF LIABILITY
INSOFAR AS IS NOT PROHIBITED IN LAW, THE WEB SITE PROVIDER SHALL IN NO CASE BE LIABLE FOR ANY BODILY INJURY NOR FOR ANY FORTUITOUS, SPECIAL, INDIRECT OR CONSEQUENTIAL HARM, INCLUDING BUT WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF EARNINGS, DATA LOSS, INTERRUPTION OF BUSINESS ACTIVITIES NOR ANY OTHER KIND OF COMMERCIAL DAMAGE OR LOSS DERIVED FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE, REGARDLESS OF THE REASON, WITHOUT ANY ATTENTION BEING PAID TO THE THEORY OF LIABILITY (UNDER CONTRACT, LEGAL HARM OR OTHER LIABILITY) AND EVEN IF THE SERVICE PROVIDER HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH HARM. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR BODILY INJURY, OR FOR FORTUITOUS OR CONSEQUENTIAL DAMAGE, SO THIS LIMITATION MIGHT NOT APPLY TO YOU.
INTELLECTUAL AND INDUSTRIAL PROPERTY REGARDING THE SERVICE
Beloud is the registered holder of all the industrial and intellectual property rights pertaining to the Service, except for User Content which shall continue to belong to the Users pursuant to the provisions contained in the following section, and except for content furnished by third parties. Under the present Terms and Conditions, Beloud, as the Service Owner, grants you a limited, revocable and non-sub-licensable licence for strictly personal use of the Service. Except for the licence referred to above, any kind of reproduction, distribution, public communication, modification and, in general, any act of exploitation over all or part of the contents (images, texts, designs, indices, forms, etc.) making up the Web Site and the mobile apps, as well as the databases and software needed for its display or operation, is hereby prohibited unless you first obtain express prior authorization from Beloud in writing.
In no case will you be able to exploit or make any commercial use, whether directly or indirectly, in full or in part, of any of the contents (images, texts, designs, indices, forms, etc.) making up the Service without prior authorization from Beloud in writing. Should you contravene the present licence, Beloud will cancel your profile, without prejudice to any other consequences that might arise from such a breach.
INTELLECTUAL PROPERTY REGARDING THE WORKS
Beloud holds a licence from the SGAE copyright holders’ association numbered SGAERRDD/2/150/1116 for à la carte downloads of music for private use with respect to musical works in the SGAE repertoire.
On the terms foreseen in the legislation on intellectual property, all of the rights of the owners of those works, interpretations or artistic performances, phonograms, audio-visual recordings and radio broadcasts are reserved with regard to such downloads. Unless expressly authorized, you are prohibited, with the penalties foreseen in applicable civil and criminal legislation, from reproducing, distributing (by sale, hire, lending, etc.), performing in public, broadcasting by radio and communicating such downloads and their contents to an audience by any and all means.
Users resident in Spain are hereby informed that the download of musical works from abroad is prohibited. In those cases where musical works are to be downloaded outside the territorial scope of the Kingdom of Spain, you are informed that the copyright fees on the works must be settled up with the copyright management entities in each country.
CONTENTS OF USERS’ PROFILES
When you publish contents and information on your profile, you retain all your rights over the same and grant Beloud a limited licence to reproduce and communicate the same in public, to aggregate information to the same and to transform them with the aim of adapting them to the technical needs of the Web Site. The said authorization is worldwide and non-exclusive (which means that you can grant any other licences you wish with respect to your contents to any person or entity, in addition to Beloud), for the entire time during which your profile is in force and with the sole and exclusive purpose of enabling Beloud to render to you the service on the terms explained in these Terms and Conditions.
The foregoing licence shall be terminated as soon as you eliminate your content from the Web Site or de-register your profile. From that moment on, Beloud will interrupt the communication of your contents as promptly as possible.
In connection with the contents you publish on the Web Site, you are warranting:
· That you are the owner or registered holder of the rights allowing you to grant Beloud a licence for their publication and that, where appropriate, you have obtained from any third parties the consent needed for this purpose.
· That the contents are not in breach of any applicable law such as the legislation on the right to privacy, personal image and/or honour, intellectual or industrial property rights or similar, nor any other third-party right, whether belonging to a private individual or a body corporate.
· That, if you publish personal information about any of your friends or anyone else, you have informed them in advance and obtained their prior consent for the publication of such details.
For this reasons, you will be personally liable vis-à-vis Beloud for the truthfulness of all statements published and will hold Beloud harmless in the face of any complaint or lawsuit brought by a third party in connection with such statements and with respect to any legitimate right regarding any contents you have published on the Service.
NOTIFICATION OF A BREACH OF RIGHTS
At Beloud, we strive to protect the rights of registered copyright holders and so, if any person or entity detects that their contents have been published on the Service without their consent, thus generating a breach of intellectual or industrial property rights and/or their right to honour, privacy or personal image or any other right, this may be notified to Beloud by sending an email to info@Beloud.co or else by postal mail to the address indicated at the end of these Terms and Conditions and the Privacy and Personal Data Protection Policy (citing “Breach of Rights” on the subject line of the email or with an express reference in the postal communication), accompanied by the following information:
· Identification of the contents or personal details or the protected right that has been breached.
· Identification of the said content in sufficient detail for Beloud to be able to locate it within the Service.
· Sufficient identification for Beloud to be able to contact the party lodging the complaint: email address and telephone number.
· Copy of your ID card, passport or similar official document accrediting your identity.
· A signed declaration in which the party submitting the complaint states that the above information is all true and asserting that the legitimate rights are held (or that the registered holder has authorized the complaint) with respect to the rights allegedly breached.
RESPONSIBILITY FOR INTERACTIONS WITH OTHER USERS
You are the sole party responsible for any interactions you may have with other users of Beloud.
Beloud shall not be responsible for any conflicts you may have with other users that do not imply a failure to comply with the present Terms and Conditions by any party. Beloud shall not be under any obligation and shall assume no responsibility for doing so, but reserves the right to mediate in possible conflicts that arise.
You are aware of and accept the presence of advertising on the Web Site and also, therefore, that you will be able to access advertising contracted by third parties and professionals with Beloud through the applications we place at your disposal.
INVITATIONS, RECOVERY OF PASSWORDS AND OTHER NOTIFICATIONS
Beloud will provide you with an email notification service so that you can receive information of interest associated with your preferences. You will be able to control at all times whether or not you receive such notifications. This notification service will not affect the communications Beloud may send you to help you recover your password, if it has been forgotten, and change your email address.
You are aware that such communications and any others of a similar nature are necessary and you therefore agree that they form part of the Service.
As a User of Beloud, you will be able to extend invitations to third parties for them to join Beloud through the links to social media and messaging services. Such invitations are a simple vehicle that Beloud makes available to you so that, if you wish, you may offer your contacts the possibility of registering on Beloud. Sending such an invitation does not imply the automatic registration of the third party on Beloud. Anyone invited to join will have to accept the invitation and complete the Beloud User registration process.
Beloud shall not use the information you indicate in the invitation and, in particular, the email account of your contact. It will be up to you to respond to the person you invited should there be any kind of claim or complaint against Beloud. Whenever you invite others to join Beloud, you will be liable vis-à-vis the recipient of your invitation with respect to any claim or complaint the latter may make against Beloud and you will hold Beloud harmless and free of any and all liability that may arise from the said invitation.
USE OF LINKS
You are prohibited from using any kind of technical, logical or technological resources through which anyone, whether or not a user of Beloud, can benefit, directly or indirectly and with or without financial gain, from the profiles and contents of the Web Site or the app service. Should Beloud detect the use of any such resource capable of breaching the rights to privacy, honour and personal image of its users, Beloud shall be fully entitled to act in order to eliminate the link in question and, where appropriate, to inform the competent authorities.
Beloud MOBILE SERVICE
All of the provisions contained in these Terms and Conditions shall apply to the accesses to the Service effected through a mobile telephone or a tablet computer. In this regard, you must bear in mind that your mobile telephony operator will charge you the rate contracted for sending and receiving data. Beloud is not responsible for any restrictions placed on you by your mobile operator and that may cause the Web Site not to operate normally. Furthermore, you are personally responsible for knowing whether or not your mobile operator, your services contracted with the same and your mobile handset are suitable for accessing the Web Site.
For technical reasons or due to changes in the Service provided or in the regulations and also due to amendments arising out of the applicable standard codes or, where appropriate, strategic corporate decisions, Beloud may at any moment replace or alter the Terms and Conditions and the Privacy and Data Protection Policy and these may replace, complement and/or amend the Terms and Conditions reflected herein.
Whenever Beloud amends or replaces the Terms and Conditions or the Privacy and Data Protection Policy, the new version shall be published on the Web Site and/or you will be alerted on the same channel. If you continue to use the Web Site, you will be deemed to have accepted the amendments applied. If you no longer agree with the changes made, you can de-register from the service by following the procedure provided for the purpose.
Beloud recommends you refer to the Terms and Conditions from time to time as they may have been changed. Whenever you wish, you can consult the current version in the section of the Beloud Web Site entitled Terms and Conditions.
GENERAL CONDITIONS FOR ACCESS
All equipment (computers, software, communication technology, etc.) enabling Users to access the Web Site shall be for the exclusive account of the User, as well as any communication costs incurred by their use.
CONDITIONS FOR ACCESS AND FREE REGISTRATION
Registering for an account and the use of the Service are free of charge, without any obligation to make purchases on the Web Site. You must only pay for any Products you purchase from Vendors.
Except in the event of error on the part of Beloud or a technical failure in any of the Services, Users shall be solely and exclusively responsible for their use of their identification elements by third parties, as well as for any and all actions or statements made through their personal User account, even when fraudulent. Users hereby exonerate Beloud from any and all liability in the event of lawsuits in this regard. On the other hand, Beloud is under no obligation to guarantee the identity of the persons registering for its Services and does not have any technical resources available to do so. If Users have grounds to think that someone else is using their identification elements or their account, this circumstance must be immediately notified to Beloud.
If a User wishes to sponsor a friend and provides the latter’s details to Beloud, the User in question undertakes to have obtained the express authorization of the said friend in advance so that Beloud can process his or her details. The details provided will be used solely and exclusively to send, on behalf of the User furnishing the personal details to Beloud, an email informing about the Services to the friend in question. In such cases, Users are providing the personal details freely and voluntarily under their sole responsibility.
RIGHT OF CANCELLATION
Purchasers’ right of cancellation shall be conditional on the legislation applicable to the Vendors’ country of residence.
For Vendors resident in Spain, the applicable law is the General Consumers and Users (Defence) Act (“LGDCU” in its Spanish acronym), whereby Vendors grant Purchasers the right to cancel the contract by returning their purchases within the term of 14 calendar days. This right of cancellation shall not be applicable in the following cases:
· Sound or video recordings that have been opened
· Digital contents downloaded on line
The cancellation period shall expire 14 calendar days after the day on which the consumer or a third party indicated by the same, other than the transport company, received the item.
Should the consumer have acquired multiple items in a single order and these have been delivered separately, the cancellation period shall expire 14 calendar days after the day on which the consumer or a third party indicated by the same, other than the transport company, received the last of these items.
Should the consumer have acquired an item made up of multiple parts or components, the cancellation period shall expire 14 calendar days after the day on which the consumer or a third party indicated by the same, other than the transport company, received the last of the said components or materials.
Where the consumer has contracted the regular delivery of items over a specified period, the cancellation period shall expire 14 calendar days after the day on which the consumer or a third party indicated by the same, other than the transport company, received the first of these items.
In order to exercise their cancellation rights with respect to products purchased solely and exclusively on the Beloud.co Web Site, Purchasers must inform the Vendors of their unambiguous decision to withdraw from the contract, for which reason Vendors are obliged to inform Purchasers about how to exercise the aforesaid cancellation as well as the consequences of exercising the said right.
With respect to Beloud, as it is not the Vendor of the products acquired through this channel, The LGDCU shall not apply, except in the specific case of digital contents that have been purchased and finally not downloaded.
Should one or more of the stipulations in the present Terms and Conditions be considered invalid or declared as such through application of any law, regulation or a definitive decision by a competent jurisdiction, the rest of the stipulations shall retain all of their force and all of their scope.
APPLICABLE LAW / ATTRIBUTION OF COMPETENCY
Current regulations shall determine the laws that must govern and the jurisdiction that must hear disputes regarding the relations between Beloud and Users. Notwithstanding, in those cases where the said regulations foresee the possibility of the parties submitting to a particular venue, Beloud and the Users, with express waiver of any other venue that may lie to them, hereby agree to submit their disputes to the Courts of Madrid (Spain).