PRIVACY, TERMS & CONDITIONS
Protecting your online order information on fernandobengoechea.com is very important to us. In our shopping checkout process, we use Secure Socket Layering (SSL), the industry-standard encryption technology that ensures the safety and security of your online order. When the letters "http" in the URL address change to "https," the "s" indicates you are in a secure area employing SSL. Making a credit card purchase is just as safe on our web site as it is by telephone.
In order to access this Site, you must first complete the registration process. During the registration process, we collect personal information such as your name and email address. Once you complete and submit your registration, you have opted-in to receive email communication.
We also collect personal information when you choose to use certain other features of the Site, such as making purchases, we require you to provide additional information such as your phone number, billing and shipping addresses and credit card information, and we may request additional personal information such as your shopping preferences and demographics.
HOW WE USE YOUR INFORMATION
We use personally identifiable information in order to give you a more enjoyable convenient shopping experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site. We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, we may notify you about new services or special promotional programs, or send you offers or information.
In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.
We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
HOW WE PROTECT YOUR INFORMATION
We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
The Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.
ACCESSING AND UPDATING YOUR PERSONAL INFORMATION AND PREFERENCES
You may update or change your personal information or preferences by sending email to firstname.lastname@example.org. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.
While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.
CHILDREN’S PRIVACY AND PARENTAL CONTROLS
The Children's Online Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children, and on web sites that knowingly collect information on children under 13. Fernandobengoechea.com is not directed at children under 13, and does not knowingly collect any personal information from children under 13.
LINKS TO OTHER SITES
We may send promotional emails to you only if you have asked to receive them. Each time you receive an email from us, you will be given the opportunity to "opt-out" or stop receiving them.
The Studio at Fernando Bengoechea
1345 Hymettus Ave, Encinitas, CA 92024, USA
Posted on December 1, 2018
TERMS OF SERVICE
USE OF THE SITE:
- Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
- Introduce to the Site or any other computer or website viruses, worms, Trojan horses and /or harmful codes.
- Obtain unauthorized access to any computer system.
- Impersonate any other person including but not limited to, a registered user of this Site or an employee of The Studio at Fernando Bengoechea.
- Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
- Misrepresent the identity of a user or use a false e-mail address.
- Tamper with or obtain access to this Site or any component of this Site.
- Conduct fraudulent activities.
- Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.
ADDITIONAL TERMS AND CONDITIONS:
In the event a The Studio at Fernando Bengoechea product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, The Studio at Fernando Bengoechea shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. The Studio at Fernando Bengoechea shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Studio at Fernando Bengoechea shall issue a credit to your credit card account in the amount of the incorrect price.
TERM AND TERMINATION
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by The Studio at Fernando Bengoechea without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
LINKS TO THIRD-PARTY WEBSITES
No Implied Endorsements: This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
USER BLOGS, MESSAGE BOARDS
The Studio at Fernando Bengoechea may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. The Studio at Fernando Bengoechea however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Any comments, ideas, notes, postings, messages suggestions or other communications or information posted on the Site submitted to The Studio at Fernando Bengoechea or otherwise communicated in connection with your use of the Site (collectively,"Submissions") shall be and remain the exclusive property of The Studio at Fernando Bengoechea with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO THE STUDIO AT FERNANDO BENGOECHEA CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF THE STUDIO AT FERNANDO BENGOECHEA. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO THE STUDIO AT FERNANDO BENGOECHEA THAT THE STUDIO AT FERNANDO BENGOECHEA IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY THE STUDIO AT FERNANDO BENGOECHEA WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. The Studio at Fernando Bengoechea takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.
DISCLAIMER OF WARRANTY
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION,
THE STUDIO AT FERNANDO BENGOECHEA DOES NOT WARRANT THAT (1) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE STUDIO AT FERNANDO BENGOECHEA OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF THE STUDIO AT FERNANDO BENGOECHEA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE STUDIO AT FERNANDO BENGOECHEA OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO THE STUDIO AT FERNANDO BENGOECHEA IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE STUDIO AT FERNANDO BENGOECHEA OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF THE STUDIO AT FERNANDO BENGOECHEA.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
RISK OF LOSS
A third party carrier pursuant to a shipment contract ships the items purchased from our Site. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
Each claim or statement about the effectiveness of The Studio at Fernando Bengoechea products and/or each claim or statement comparing the effectiveness of The Studio at Fernando Bengoechea products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
The Studio at Fernando Bengoechea is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. The Studio at Fernando Bengoechea reserves the right to void all service, return, and other policies for orders and The Studio at Fernando Bengoechea products that were purchased through unauthorized sellers. The Studio at Fernando Bengoechea is not responsible for any representations by unauthorized sellers.
UNAVAILABILITY OF SITE; TERMINATION; FRAUD
MISUSE, FRAUD OR MISREPRESENTATION IN CONNECTION WITH THE STUDIO AT FERNANDO BENGOECHEA PROMOTIONS OR REFERRAL CREDITS PROGRAM
The Studio at Fernando Bengoechea's referral Credits program is designed to reward existing members ("Sponsors") for referring new members to The Studio at Fernando Bengoechea awarding the Sponsor Credits when the new member makes his or her first purchase. Accordingly, Sponsors are only entitled to receive referral Credits upon the initial purchase of The Studio at Fernando Bengoechea merchandise by a new member introduced for the first time to The Studio at Fernando Bengoechea by the Sponsor. The receipt by any Sponsor of referral Credits by any means other than as a result of the initial purchase of The Studio at Fernando Bengoechea merchandise by a new member introduced to The Studio at Fernando Bengoechea by the Sponsor shall be a violation of these terms and conditions, shall be null and void, subject to immediate cancellation, and may subject the member or Sponsor to civil and/or criminal penalties under applicable law.
In addition, from time to time The Studio at Fernando Bengoechea may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from The Studio at Fernando Bengoechea by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES
If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: The Studio at Fernando Bengoechea, 1345 Hymettus Ave, Encinitas, CA 92024, USA
CHOICE OF LAW AND FORUM
By using this Site, you agree that The Studio at Fernando Bengoechea at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Posted on December 1, 2018