Legal
TERMS AND CONDITIONS OF USE
Terms and Conditions Of Use on banff.bigcartel.com // banff.co // The Bänff Company
These Terms of Use ("Terms") were LAST UPDATED on: 23rd December 2016
1.We are a small enterprise based on Spain as The Bänff Company and we own and operate this Website ("banff.bigcartel.com").
2. “We” “us” or “our” means The Bänff Company of whose company registered number is .
3. Your use of the Website is subject to these Terms of Use. By using the Website, you will be deemed to have accepted and agreed to be bound by these Terms of Use. If you do not agree with or accept any of these Terms, you should stop using the Website immediately.
4. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Website. You can determine when we last changed these Terms of Use by referring to the 'LAST UPDATED' statement above. Your use of the Website following changes to these Terms will constitute your acceptance of those changes.
5. You are responsible for all access to the Website using your Internet connection, even if the access is by another person.
6. We reserve the right to restrict your access to the Website or part of it. Access to restricted areas of the Website may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
7. We will use reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature of the Website will always be available and/or error free. In particular, the Website may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Website.
8. The intellectual property rights in the Website are owned by us and our licensors. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
9. All the elements of the Website, sound and visual, are protected by these intellectual property rights. This includes without limitation all brand names, logos, product names, designs, imagery, pictures videos and other content made available on the Website. None of the elements (intellectual property) contained on this Website can therefore be reproduced, copied, forwarded, transmitted or used in any way whatsoever, except for the purposes of the order or for personal and non-commercial use by You and provided that the information is not modified. To do any of the above things without our authorisation is an infringement of our / our licensors’ intellectual property rights.
10. We provide the Website on an 'as is' basis and make no representations as to the quality, completeness or accuracy of any content made available on the Website. To the maximum extent permitted by law, we expressly exclude:
10.1 all conditions, warranties and other terms that might otherwise be implied by law into these Terms; and
10.2 any and all liability to you, whether arising under these Terms or otherwise in connection with your use of the Website.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer or other statutory rights which may not be excluded, nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
11. We permit you to use the Website only for personal, non-commercial purposes and primarily for accessing information about us and ordering our products. Use of the Website in any other way, including in contravention of any restriction on use set out in these Terms of Use is not permitted. If you do not agree with the Terms of Use, you may not use the Website.
12. Your permission to use the Website is personal to you and non-transferable. Your use of the Website is conditional on your compliance with these Terms.
13. You agree that you will not:
13.1 use the Website for any fraudulent or unlawful purpose;
13.2 use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
13.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement you make;
13.4 interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
13.5 transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, to monitor the use of, or to gather information from any hardware, software, or equipment;
13.6 reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website
13.7 modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
13.8 remove any copyright, trade mark or other proprietary rights notice from the Website or materials originating from the Website;
13.9 frame or mirror any part of the Website without our express prior written consent;
13.10 create a database by systematically downloading and storing Website content;
13.11 use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
We reserve the right to revoke or amend these exceptions either generally or in specific instances.
14. To fulfill these conditions must be added compliance with the conditions of bigcartel.com
15. The Website may provide links to other Websites and online resources. We are not responsible for and do not endorse such external Websites or resources. Your use of third party Websites and resources is at your own risk.
16. We may block any links to or from the Website. Additionally, we may provide tools to allow you to link to the Website directly from a third party Website; if you do link to the Website (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
We reserve the right to require you to immediately remove any link to the Website at any time and you shall immediately comply with any request by us to remove any such link.
17. We may collect and use information about you in accordance with our Privacy Policy. (Above these terms)
18. These Terms are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Website. If we terminate your access to the Website you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Website.
19. These Terms will be governed by and construed in accordance with the laws of Spain and Europe, and the courts of Spain will have exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.
PRIVACY POLICY
Our Commitment to Your Privacy
This Privacy Policy (“Policy”) was last updated on: 23rd December 2016
We are The Bänff Company whose company registered number is .
We own and operate this banff.bigcartel.com ("the Site") and we take your privacy very seriously. We ask that you read this Privacy Policy carefully as it contains important information about what to expect when we collect personal information about you and how we will use your personal data.
This Policy applies to information we collect about:
visitors to our website;
people who register with us; and
people who do business with us; and
people who register their interest in or apply for jobs with us
1. The Information We Collect About You
When you register with us or do business with us, we collect the following personal information from you:
name;
postal addresses,
email address,
telephone number,
credit or debit card number, and expiry date.
You may also provide us with additional personal information such as age, gender and interests but this is at your discretion.
We may monitor your use of this website through the use of cookies and similar tracking devices. For example, we may monitor how many times you visit, which pages you go to, traffic data, location data and the originating domain name of a user's internet service provider. This information helps us to build a profile of our users. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually. For further information on our use of cookies, please see Clause 4 below.
Occasionally we may receive information about you from other sources (such as credit reference agencies) which we will add to the information which we already hold about you in order to help us provide goods and services.
2. How We Will Use The Information About You
We gather this information to allow us to process your registration, process any orders you may make, provide the goods requested, review expressions of interest in and applications for jobs. The relevant information is then used by us, our agents and sub-contractors to provide you with statements of your account and to communicate with you on any matter relating to the conduct of your account and the provision of the goods in general. If you agree, we may also contact you about other products and services we think may be of interest to you.
We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us to develop our website and our services. We may also provide such aggregate information to third parties. These statistics will not include information that can be used to identify you. We may use your IP address to gather aggregate demographic information, to diagnose problems with our server, to administer our website, to measure the use of our website, and to improve the content of our Website.
From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the goods we provide. We or our agents and sub-contractors may contact you by post, email or telephone to ask you for your feedback and comments on our goods.
We may also share information with affiliates, dealers or business partners to support customer relationships or with relevant law enforcement agencies or regulatory bodies.
3. Marketing
We and our group companies may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you. If you would rather not receive this information, a tick box is provided allowing you to opt out or unsubscribe from our database, alternatively you can contact us at [email protected] If you agree to us providing you with marketing information, you can always opt out at a later date.
We may also want to provide you with related information from third parties we think may be of interest to you. If you would rather not receive this information, a tick box is provided allowing you to opt out, alternatively you can contact us at [email protected] If you agree to us providing you with third party marketing information, you can always opt out at a later date.
We may also provide your information to carefully selected third parties whose products or services we believe may be of interest to you. If you do not wish us to disclose your information in this way, please send an email to [email protected]
4. Our use of cookies and other information-gathering technologies
Cookies are small text files placed on your computer (or other electronic device) when you access our Site.
We use cookies and other online tracking devices such as Google Analytics* to collect standard Internet log information and visitor behaviour information. The information is used to:
Keep track of the items stored in your shopping basket and take you through the checkout process
Recognise you whenever you visit this website (this speeds up your access to the site as you do not have to log on each time)
Obtain information about your preferences, online movements and use of the internet
Carry out research and statistical analysis to help improve our content, products and services and to help us better understand our visitor and/or customer requirements and interests
Target our marketing and advertising campaigns and those of our partners more effectively by providing interest-based advertisements that are personalised to your interests
Make your online experience more efficient and enjoyable
We work with third-party suppliers who may also set cookies on our Website, for example Youtube and social networks such as Facebook, Twitter, Instagram. These third-party suppliers are responsible for the cookies they set on our site. If you want further information please go to the website for the relevant third party.
Demographic data also may be collected at our Website from third party advertising servers, content servers, or Website analysis agents who provide us with the postcode and area code associated with a visitor's server, along with pages viewed on our Website. We may review the actions of visitors to our website on an aggregate basis to determine customers' preferences. We also complete research on our visitors' demographics, interests, and pages viewed based on the information provided to us during registration, ordering, promotions, from our server log files, from our website analysis agents, or from contests, drawings or surveys. We may use this data to personalise the visitor's experience of our website, to inform our marketing and promotional campaigns, to statistically analyse website use, to improve our product offerings, and to customise our website's content, layout, and services. We receive reports from third party advertising servers, content servers, or website analysis agents that tell us how many adverts were presented and clicked upon and/or what content was served or viewed.
The information we obtain from our use of cookies will not usually contain your personal data. Although we may obtain information about your computer (or other electronic device) such as your IP address, your browser and/or other internet log information, this will not usually identify you personally.
In most cases we will need your consent in order to use cookies on this Website. The exception is where the cookie is essential in order for us to provide you with a service you have requested (e.g to enable you to put items in your shopping basket and use our check-out process).
There is a notice on our home page which describes how we use cookies and which also provides a link to the Website’s Privacy Policy. If you use the Site after this notification has been displayed to you, we will assume that you consent to our use of cookies for the purposes described in our Privacy Policy.
For further information about cookies, visit www.aboutcookies.org or www.allaboutcookies.org.
You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function if you remove cookies from your browser.
5. How We Protect Your Information
We have put in place the following security procedures and technical and organisational measures to safeguard your personal information:
Data on our server is encrypted
Credit and debit card transactions are handled by established third party banking agents.
We will use all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.
6. Overseas Transfers
The information you provide may be transferred to countries outside the European Economic Area ('EEA') that do not have similar protections in place regarding your data and restrictions on its use as set out in this policy. However, we will take steps to ensure adequate protections are in place to ensure the security of your information. The EEA comprises the EU member states plus Norway, Iceland and Liechtenstein. By submitting your information you consent to these transfers for the purposes specified above.
7. Access to your information and correcting your information
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please send an email to [email protected] or send a letter to Element Customer Service, 3 Sovereign Court, South Portway Close, Round Spinney, Northampton NN3 8RH. We may make a small charge of not more than £10 for this service. You will need to include proof of your identity and address (eg a copy of your driving licence or passport, and a recent utility or credit card bill).
We want to ensure that your personal information is accurate and up to date. If any of the information that you have provided to us changes, for example if you change your email address, name or payment details, or if you wish to cancel your registration, please let us know the correct details by sending an email to [email protected] or send a letter to Element Customer Service, 3 Sovereign Court, South Portway Close, Round Spinney, Northampton NN3 8RH. You may ask us, or we may ask you, to correct information you or we think is inaccurate, and you may also ask us to remove information which is inaccurate.
8. Sale of Business
If our business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business.
9. Your Consent
By submitting your personal information you consent to the use of that information as set out in this Policy.
10. Changes to Privacy Policy
We keep our Privacy Policy under regular review. If we change our privacy policy we will post the changes on this page, and place notices on other pages of the Website, so that you may be aware of the information we collect and how we use it at all times.
11. How to Contact us
We welcome your views about our Site and Privacy Policy. If you would like to contact us with any queries or comments please send an email to [email protected] or send a letter to
12. Links to other websites
Our website contains links to other websites. This Privacy Policy only applies to this website so when you link to other websites you should read their own Privacy Policy.