Terms of service
TERMS AND CONDITIONS OF SERVICE
IDENTIFICATION OF THE PROVIDER
- Owner: Flipcloset, S.L.
- Registered office: C/ Félix Boix, 7. – 28036 – Madrid (Madrid)
- CIF/NIF: B01807981
- Public Registry: Registered at the Madrid Companies Registry, Volume 40704, Folio 42, Section 8, Sheet M-722307, Entry 1.
- E-mail: hola@borow.es
PURPOSE
By means of this text we make available to all users and customers the terms of use and registration that apply to our online services platform https://borow.es/ and to the services we provide, setting out all the rights and obligations of the parties.
All users who visit or access our platform and/or use any of the services we make available accept the terms of use and the privacy policy, as well as any amendments and/or additional legal texts that may be included in the future. If you do not agree with any of the terms, you may unsubscribe from the service at any time or, if you are not a registered user, leave the platform.
Alongside these terms, each of the services provided may be governed by specific terms of use and registration, and in all cases the user must expressly accept them before using and/or contracting the service.
USER REGISTRATION AND ACCESS
1. REGISTRATION PROCEDURE
Any user, provided they are over 18 years of age and hold sufficient authority if acting on behalf of a third party, whether a natural or legal person, may register on our platform.
To do so, they need only access the form provided for this purpose, enter the requested details and accept the terms of use and registration, as well as the privacy policy that will govern the relationship between the user and the provider.
Using the username and password entered during the registration process, the user may access the platform to contract and manage their services and information, as well as complete their user profile.
ELECTRONIC CONTRACTING OF SERVICES
1. PRIOR INFORMATION APPLICABLE TO ELECTRONIC CONTRACTING
In accordance with the provisions of Article 23 et seq. of Law 34/2002 on information society services and electronic commerce, contracts concluded electronically shall produce all the effects provided for by law, provided that both parties consent and such consent can be evidenced.
For these purposes, completing all the stages of the registration process and, where applicable, paying the corresponding amount, shall necessarily be understood as giving the express consent required to contract the service.
Likewise, and in accordance with the provisions of Article 27 of Law 34/2002 on information society services and electronic commerce, all information relating to the contracting procedure is made available to users before it begins.
The contracting terms set out below apply directly to the contracting of all services made available through the website https://borow.es/, unless expressly stated otherwise.
2. CONTRACTING PROCEDURE
The procedure for contracting the services is carried out electronically or in the physical store.
The service provided consists of the rental and second-hand sale of textile garments, namely clothing, accessories and any type of fashion-related product.
Anyone with Internet access may rent or purchase garments through the website, the only prior requirement being to have registered as a user, which is essential in order to begin the contracting procedure; and, if the home delivery option is selected, a delivery address within mainland Spain, the Balearic Islands or Portugal will be required.
The stages of the contracting procedure are visible to users throughout the entire procedure. Three stages can be distinguished:
- User identification.
- Selection of the item and payment method.
- Confirmation of the service.
The user need only select the rental or sale product they wish to acquire and press the rent or buy button provided for this purpose. This will begin the contracting procedure, which will always follow the steps indicated above for all available services.
Once the service, quantity, applicable taxes, total price and payment method have been selected, the platform will show the user a summary of the contract made, together with the applicable contracting terms, which in all cases must be expressly accepted by the user in order to continue the contracting process.
Once the box accepting the contracting terms has been ticked, if one of the electronic payment methods has been selected, the user will be redirected directly to the corresponding external payment platform to make the payment, without https://borow.es/ at any time having access to the user's credit card details and/or payment systems.
The security of the payment procedure is guaranteed by the financial institution.
Once the service has been contracted, a summary screen of the contract made will be displayed.
If payment by credit card has been selected, it will be made through the bank's payment terminal, a platform entirely external to and independent of the provider.
The service contract holder will receive an email as promptly as possible confirming their rental or purchase. This document is confirmation that the contract has been successfully concluded and is valid as evidence for any type of claim, provided that the corresponding proof of payment is attached. Only the products listed in the order shall be the subject of the contract.
2.1 RENTAL
Rental periods:
The customer may choose between 4, 6, 8, 10 or 20 days of garment rental. No shipments are made at weekends (neither Saturdays nor Sundays), and no returns are made on Sundays. For this reason, we would like to inform you about how delivery and shipping of your rented garments works and the timeframes involved:
If you rent for 4 days and receive the dress on Wednesday, Saturday would be the return day.
If the rental is for 4 days and you receive the garment on a Thursday, the return day would be a Sunday, so it would move to Monday (at no cost to the customer).
If the rental is for 4 days and the garment is received on Friday, the return would have to be made on Monday.
If the return day falls on a public holiday, the return will move to the next working day. Working and non-working days shall be determined in accordance with the working calendar of the city of Madrid and/or the city from which the shipment would be returned.
Methods for returning the garments once the rental days have elapsed:
The customer will receive a sticker or information document inside the box containing the garments, with instructions for the return. The box in which the garments are received must not be thrown away, as it is the same one to be used for the return.
When booking the rental, the customer may choose the manner or method of return for returning the items once the rental period has elapsed:
- Delivered to an office of the courier company during its established business hours for shipment that same day
- A courier from a shipping company collects the parcel from the customer's home.
- Returning it in person to the provider's store at their own expense.
The collection address and the shipping address must always be the same. If the customer collected their order from the provider's store at the start of their rental, they must also return it to the store at their own expense.
Returns shall be made on the last day of the rental period.
Late returns and penalties
In the event of late returns not previously agreed with the provider, penalties will apply for each day of delay in returning the rented garment, on the following terms:
- The equivalent of the price of a minimum rental (4 days) will be charged for each day of delay per product.
- The charge will be made to the same card used to pay for the rental, without requiring additional authentication.
If the rented garment is not returned within ten days of the initial return date, and after prior notice from the company, the recommended retail price (RRP) of the garment will be charged to the card used to pay for the rental. If the company is unable to deliver the order on the agreed date for reasons attributable exclusively to it (not applicable to delays caused by the logistics company), it undertakes to offer the customer an alternative garment available on its platform, provided that logistical conditions allow.
Purchase of garments after rental:
The customer will have the option to purchase the garment at the end of the rental period. To do so, it is essential that the purchase request is made before the rental ends, since once the garment has been returned it can no longer be purchased.
- The purchase option is subject to the availability of the garment. If the garment has future bookings or other operational restrictions, it cannot be purchased. The customer must check with Borow to verify availability and process the request.
- If the purchase goes ahead, the amount paid for the rental of the garment will be deducted from the total sale price. This discount will not include shipping costs or premium insurance, as those services have already been used.
- Garments purchased after rental may not be returned or exchanged, due to the nature of this transaction.
- The customer must contact Borow before the rental ends. Once the possibility of purchase has been confirmed, a payment link will be sent to the customer to pay the corresponding amount.
TREATMENT OF GARMENTS AND PRODUCTS
We make sure that the customer has the best possible experience when enjoying our garment rental services, but we also require due diligence from the customer when handling the garment. We expect that, during the period you select, you treat and care for the garments and products you rent as if they were your own, because during that period they will be.
We therefore ask you:
- Do NOT take the garments to the dry cleaner or use domestic washing machines to clean them, EVER. Cleaning and dry-cleaning services are the responsibility of the provider once the garment is returned.
- Do not carry out any type of alteration or mending on the garments. Taking up hems, sewing on embellishments or making any kind of alteration to rented garments is NOT permitted.
REPAIRS AND DETAILS
Our priority is that you enjoy the garments without worry, which is why we offer several insurance options for your rental:
Minor damage insurance: this insurance, already included in the rental price, covers any repair of minor damage such as sewing on buttons, cleaning and stain cover, etc. However, although it covers certain minor damage, we must inform you that where the damage is major, the cost of repairing such damage may be passed on to the customer.
In the case of major repairs, such as: burns on the garment, lower parts of the garment with extreme dirt that is difficult or impossible to remove, tears and rips, theft or total or partial loss of the garment. After carrying out the relevant assessment of the garment or situation, up to twice the price of the garment may be charged, this being the product's recommended retail price (not the rental price). Naturally, this must be assessed by the provider and reviewed case by case. The final charge will be made to the same card used to pay for the rental, and will be made without additional authentication on that card.
Premium insurance: you can include premium insurance at an additional cost of 10 euros when placing your order. This insurance covers the costs arising from damage caused to the garment during your rental period that requires more laborious and costly repair, such as tears, burns, etc.
Under no circumstances will this insurance cover damage caused by improper use of the garment, such as alterations made to the garment by the customer (taking up the hem, adjusting the dress, etc.), the use of accessories that encourage tearing, pin marks, improper ironing, or snags caused by wearing a garment of a length not suited to the customer. Likewise, it will not include theft or loss of the garment, which will result in a charge of up to twice its price, this being the recommended retail price (not the rental price).
Premium insurance applies only to garments (dresses, jumpsuits, sets, capes and coats). It does not apply to accessories such as bags, earrings, pendants, bracelets, headpieces, cuffs and ski boots.
HOME TRY-ON
The user may request a home try-on service for a product when making the purchase, by selecting this option on the checkout page. The cost of this service is €15, which covers the handling and shipping of the product.
Borow will send the product for the try-on before the start of the rental, depending on the garment's availability and the margin between the booking confirmation and the start date. If the rental starts almost immediately, the product will be sent only once and the User will keep it until the end of the rental period, being able to cancel the booking within the first 24 hours of receipt if the product is not to their liking. This try-on is subject to product availability and, therefore, Borow cannot guarantee a specific date for it. If the try-on cannot be carried out, the cost of the service will be refunded and the User will have the option to cancel the booking without incurring any penalty, obtaining a full refund of the amount paid for the booking.
The product will be delivered for the try-on to the address provided by the User on the agreed date, and will be collected from the same location the following day. To return the product, the User must place it in the same box in which it was received and must not remove the product's tag. If, for any reason beyond Borow's control, the parcel cannot be collected and we do not receive the product on time, it will be considered a late return, which will entail a penalty equivalent to that for a late rental return.
Once the try-on has taken place, the User may continue with their booking or cancel it if the product is not to their liking or does not fit correctly. To cancel the booking, the User must notify Borow through the Customer Service channels (WhatsApp or hola@borow.es) within 24 hours of receiving the product. Cancellations are subject to our Cancellation Policy, which can be reviewed in the corresponding section. Shipping costs will be refunded provided that the parcel has not left our premises.
The product will be sent again to the User on the dates and to the address indicated in their initial booking. The costs associated with the Home Try-on are non-refundable once it has taken place. This service applies only to dresses, jumpsuits and sets.
If the try-on cannot be carried out sufficiently in advance, either because the garment is not available or because the user requested the try-on with little margin between the booking confirmation and the start of the rental, the user may cancel the booking and opt for a full refund of the rental amount to the same payment method used for the booking. To do so, they must request cancellation of the booking within the first 24 hours of receiving the garment and must not remove its tag.
The amount paid for the try-on will under no circumstances be refunded if the try-on has taken place.
EXCHANGES, RETURNS AND CANCELLATIONS POLICY
To request a product exchange, the customer must contact customer service as soon as possible, since these are services with very short delivery and collection timeframes, and requests that do not comply with the following cannot be accommodated:
RETURNS
Once the rented product has been shipped or delivered, no returns or exchanges of the rental are accepted, unless the customer has contracted the 24h Try-on service described in the HOME TRY-ON section, in which case the terms of that service will apply. Accessories (costume jewellery, bags, capes and headpieces) cannot be tried on or returned under any circumstances.
Requests to change size or style will be dealt with only if communicated to Customer Service before the product has left our premises, and are subject to availability.
A customer who has contracted the 24h Try-on will be responsible for ensuring that both the product and its packaging arrive in perfect condition, and must package the items appropriately to avoid possible deterioration during transport. Once the parcel has been received, we will check its condition and, as soon as we verify that the returned items, together with any accessories and documentation, are complete, unused, with their tag and in perfect condition, we will notify the customer by email of the approval or rejection of the return and, where applicable, process the refund.
CANCELLATIONS
The customer or user may cancel their order, always on the basis of the following considerations:
- If the booking is cancelled more than 14 calendar days before the start of the rental, the full amount will be refunded, including shipping costs and premium insurance if contracted, to the same payment method used in the initial transaction.
- If the booking is cancelled 14 calendar days or less before the start of the rental, the customer will receive the full rental amount as Borow credit (a balance linked to their customer account, with no expiry), which may be used for future rentals or purchases. Cancellation may be made up to 24 hours before shipment and performance of the service.
In such a case, the cancellation must be requested through the Customer Service channels (WhatsApp or hola@borow.es), providing identification details and the order reference number.
In the event of cancellation, the amounts previously paid by the user or customer will be refunded through the same means used for the initial transaction, and the customer will be notified by email. If the refund is issued as Borow credit, the balance will be available in the customer account linked to the order email and may be applied at checkout in both the rental and the sale sections. You can consult the Borow credit terms in the corresponding section.
2.2 SALE OF PRE-LOVED GARMENTS
Placing a purchase order for pre-loved (second-hand) garments by the CUSTOMER constitutes full and complete acceptance of the prices, of the description of the pre-loved products (previously rented or used) offered for sale and of the General Terms of Sale, under which returns are only accepted within 14 calendar days from receipt at your home or from when the order was available for collection; as well as of any other condition specified in the order itself. If the product is purchased in one of our stores, the return will be made solely as Borow credit, which will remain as a balance linked to the customer account for the amount equivalent to the sum paid for the item. Borow credit has no expiry date and may be used both in our sale section and to rent any of the products available on our website www.borow.es. If, on the other hand, the purchase is made online, the amount paid for the purchase will be refunded to the same payment method, less the cost of the return shipping of the garment, which will be equivalent to the delivery shipping cost. As soon as Borow receives the return request it will contact the customer and arrange collection of the parcel, which will take place within the following 24 hours. The refund will be processed within 5 working days of receiving the returned garment at our warehouse.
Returns will not be accepted once the 14 calendar day period has elapsed, or if the garment has been worn since purchase or the tag has been removed.
For reasons of hygiene and the safety of all our customers, returns will not be accepted for any lingerie items or Bärly brand items available on our website
If you wish to exchange an item, you must send your order back to us, i.e. make a return. If you want another size or colour, you will need to place a new order.
3. PAYMENT METHODS
The payment methods accepted in the online store are debit or credit cards through a virtual payment terminal. By clicking "Authorise Payment" the customer confirms that the credit card is theirs or that they are the legitimate holder of the gift card or credit card. To minimise the risk of unauthorised access, your credit or debit card details will be encrypted. Cards are subject to checks and authorisations by the issuing institution, but if that institution does not authorise the payment, we shall not be liable for any delay or failure to deliver and we shall be unable to conclude any contract with the customer.
4. SHIPPING METHODS
We currently work with various companies specialising in product shipping, namely:
- MRW (rental deliveries and collections; also purchases)
- Correos (purchases)
All shipments shall be at the customer's expense, with the following shipping costs:
Cost per rental shipment:
- Delivery and collection in mainland Spain and Portugal: €8
- Delivery and collection in the Balearic Islands: €22.
The customer will also have the option to collect their order from the provider's store selected when booking, during its opening hours.
- C/ Almirante, 4 (28004 Madrid), Monday to Saturday from 11.00 to 20.00.
5. DELIVERY TIMES
5.1 RENTAL
Because bookings can be made well in advance, the customer will receive the order at the home address or place indicated on the first day of the booked and contracted rental period, and will receive it during the course of the day.
In order to meet the established timeframes, our commitment is to ship the selected product the day before the rental booking begins, so that the customer can book their garment until 14:00 for a service that will start counting the following day. The shipment will therefore always be made hours or even days beforehand so that the customer receives the rented product in due time and form. The provider will do everything possible to meet delivery dates; however, delays may occur for any of the following reasons:
Sale periods and special discounts (e.g. Black Friday or the Christmas period) causing delays on the part of the courier company
Delivery area.
Delays on the part of the laundry service
Loss, destruction or theft of the booked garment by a previous customer
Unforeseen circumstances.
If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option of going ahead with a new delivery date or an alternative garment, or of cancelling the order with a full refund of the price paid. For the purposes of these Terms, "delivery" shall be deemed to have occurred, or the order to have been "delivered", at the moment you or a third party indicated by you acquire physical possession of the products at the agreed delivery address.
5.2 PURCHASE
Purchase orders will begin to be prepared once receipt of the order has been confirmed in our system. Preparation time will be 1 to 2 working days, after which the product will be shipped.
Once shipped, the estimated delivery time by the courier company will depend on the place of delivery:
- 1-2 working days: mainland Spain
- 3-4 working days: Balearic Islands
- 5-10 working days: Europe and rest of the world
Our commitment is to meet delivery times; however, during periods of high demand, such as sales and special promotions (Black Friday, Christmas period), slight delays in the delivery of orders may occur.
In the event of any significant delay, the customer will be contacted to inform them and offer a suitable solution, which may include a new delivery date or a full refund of the order should they decide to cancel it.
For the purposes of these Terms, the order shall be deemed to have been delivered at the moment the customer or a third party acquires physical possession of the products at the agreed delivery address.
5.3 In-store pickup
No express delivery service is offered. The customer may select the in-store pickup option at checkout and collect their order, in person or through a third party or courier service contracted at their own expense, at C/ Almirante, 4 (28004 Madrid) during opening hours.
6. RIGHT OF WITHDRAWAL FROM THE CONTRACT
In accordance with the provisions of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, together with Article 45 of Law 7/1996 on Retail Trade, the user has the right to withdraw from the contract within 14 calendar days from the moment the service was contracted.
To exercise the right of withdrawal, the user need only request it in writing to any of the addresses mentioned below, expressly indicating their request to exercise the right of withdrawal:
- Postal address: C/ Félix Boix, 7. – 28036 – Madrid (Madrid)
- Email: hola@borow.es
In any event, it is up to the consumer and user to prove that they have exercised their right of withdrawal in accordance with the provisions of this section.
Once the request to exercise the right of withdrawal has been received, we will refund the amount paid (in no case including any shipping and handling costs that may have been paid initially) within a maximum of 30 days from receipt of the withdrawal, and always through the means used to pay for the service or, failing that, by bank transfer.
Exercising the right of withdrawal requires at all times that the user has not consumed or enjoyed any of the contracted services. If any of those services have been consumed, it will not be possible to exercise the right of withdrawal.
Notwithstanding the right regulated here, it is important to bear in mind that Article 103 of the General Law for the Protection of Consumers and Users establishes a series of exceptions to this right of withdrawal, which therefore shall not apply to contracts relating to:
- The provision of services, once the service has been fully performed, where performance has begun with the prior express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by the business, they will have lost their right of withdrawal.
- The supply of sealed goods which are not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery. In this case, the product is sealed and bears easily verifiable tags such that, once unsealed or the tags removed, the product or service is understood to have been consumed in full and therefore does not give rise to withdrawal from that purchase.
When contracting these products it can be seen that they meet the exceptions set out here.
6.1. WITHDRAWAL FORM
(You need only complete and send this form if you wish to withdraw from the contract or contracted service.)
For the attention of (insert here the name of the company, full address and, if available, telephone number, fax and email address): I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods/provision of the following service(*). Ordered on/requested on(*). Name and address of the consumer(s) and user(s). Date and signature of the consumer(s) and user(s).
7. COUPON USE POLICY
Coupons may only be used on the website www.borow.es to make bookings or rentals of the products available on our platform and within the maximum period indicated on the coupon. Coupons are not valid in the pre-loved section unless specified in the coupon's terms. They must be used before completing the order; once the order has been placed it will not be possible to apply the discount. To use the coupon you must enter the code on the 'Order details' screen, in the dropdown that opens when you click on: HAVE A COUPON? Click here to enter your code, and click Apply.
Gift coupons
Gift/discount coupons are promotional offers that allow a partial reduction in the price of the order or product.
General conditions:
-They are for personal use and non-transferable; they may not be used by third parties.
-They are single-use per user. Once the coupon has been used it will be disabled and cannot be used again on another order.
-Only one coupon may be used per order.
-They are non-refundable and therefore cannot be exchanged for cash. If you cancel the order, you will be refunded only the amount you paid, not including the amount deducted through use of the coupon.
-The discount applies only to products and not to shipping costs.
Discount coupons may have some additional limitations, which will be specified in the general terms of the campaign in question.
BOROW CREDIT
Borow credit is a balance issued by Borow, linked to the customer account of the order email, for an amount determined according to the cancelled or returned order. It is generated when a rental is cancelled 14 calendar days or less before the start of the rental, or when a purchase made in store is returned in store. It can only be redeemed on our website www.borow.es or in our store.
General conditions:
-Borow credit has no expiry date. It may be used at any time.
-Its use is limited to the account of the original order, i.e. it is for personal use and non-transferable, and may not be used by third parties.
-The credit may be used for the products available in the rental and sale sections.
-It cannot be refunded in cash.
-If the credit amount does not cover the final price of the order, you must pay the difference using the available payment methods.
8. GIFT CARD USE POLICY
1. The gift card is valid exclusively for the rental section and may be used on any product available on the website www.borow.es or in store. It may not be used in the pre-loved or Borow forever section of the website or store. The card may only be used in store if the customer has the card's alphanumeric code.
2. The card has no expiry date
3. The card is the property of the issuer: Flipcloset S.L., CIF B01807981, with registered office at C/ Félix Boix, 7, 28036 Madrid, its bearer being a mere custodian.
4. The card is a bearer document. Responsibility for its use and safekeeping lies exclusively with its holder. It will not be replaced in the event of theft, loss or deterioration, although the issuer reserves the right to replace it in the event of a change of format.
5. Returns of the gift card are not accepted. Its balance cannot be refunded or exchanged for cash.
6. It may be used together with other promotions or coupons, unless expressly excluded by the terms of the promotion.
7. If the full amount of the card is not used in a single order, the balance may be used for future bookings.
8. If the booking amount exceeds the amount available on the gift card, the difference must be paid by credit card.
9. In the event of cancellation, return or modification of a booking paid in full or in part by gift card, the same penalties established in the general rental terms and conditions will apply.
10. The form of refund once a booking paid in full or in part by gift card has been cancelled or a return requested will depend on the payment method:
- Full payment by gift card: a full refund will be made by increasing the balance available on the card. If cancelled 14 days or less before the start of the booking, the refund will likewise be made by increasing the balance on the card.
- Payment by gift card + credit card: the corresponding amount will be refunded according to what was paid with each payment method. If cancelled 14 days or less before the start of the booking, the part paid by credit card will be refunded as Borow credit.
- Payment by gift card + coupon: the amount corresponding to each payment method will be refunded. If cancelled 14 days or less before the start of the booking, the refund will likewise be made by increasing the balance on the gift card.
- In the case of refunds for orders paid partly by gift card, the part corresponding to the credit card will be refunded first and, if there is a remaining amount to be refunded, it will be credited to the gift card.
10. If a rental paid for with a gift card incurs penalties for late return or major damage to the garment, the penalty amount must be paid by the customer. The gift card may not be used to cover penalties for delays or damage.
ASSIGNMENT OF IMAGE RIGHTS
Any customer who gives their permission guarantees the authorship and/or ownership of the image, and that no other entities hold ownership rights over it. In addition, they grant Flipcloset, S.L. the non-exclusive and irrevocable commercial rights to reproduce the image in any form (including, but not limited to, video, publication on the Internet, reproduction, display, email, publication and distribution), whether through our own services or through services provided by third parties, throughout the world in any medium now existing or later developed and without restriction or limitation. The customer accepts that their image may be used by Flipcloset S.L. in its original version or accompanied by illustrations, cartoons, subtitles, videos, works of art, textural materials or other photographs. Flipcloset S.L. undertakes to make commercially reasonable efforts to credit you for your photo and provide a link to your Instagram account; however, the customer accepts that such credit is not mandatory and their permission to use their image does not depend on such acknowledgement being given.
The customer waives any right to inspect and/or approve the finished work in which the image will be used, as well as its advertising reproduction and the uses that may be made of such material. They further waive any claim to royalties in relation to their image or our finished work.
Finally, they accept that if any point, or any portion of any point, set out in this document is determined to be invalid under any statute or rule of law, it shall be deemed omitted only to that extent and the remainder of this image rights request agreement shall remain in full force and effect. This image rights request agreement shall be governed by the laws of Spain.
If you do not agree with these terms, we fully understand and no further action is required. We are delighted to see Flipcloset S.L. as part of your account and look forward to seeing the new photos you post.
If you have any questions, you can contact us at hola@borow.es or by calling 919330561.
USER OBLIGATIONS
During the term of this contract, the user undertakes to:
- Not use the platform or any of its component elements to carry out time-sharing operations, or to set themselves up as a provider of software application services insofar as these are aimed at enabling third parties to access the platform or any of its components, through rental operations, administrative services or any other of a similar nature, sharing them or making them available to third parties.
- Not subject the platform or any of its elements to activities aimed, directly or indirectly, at decompiling its software, that involve subjecting it to operations of a nature inverse to those that determined its construction or that, ultimately, constitute or may constitute reverse engineering, decompilation or disassembly. Nothing in this contract may be understood as authorising access to the platform's source code.
- Not publish the platform, or use it as a system for managing and exchanging information and/or documentation that is illegal, contrary to morality or public order, or contrary to copyright and/or industrial property rights.
- Not subject the platform to workloads aimed at destabilising it, including denial-of-service (DDoS) attacks or similar situations. If such situations are detected, the agreed service level shall not apply, this being considered an emergency situation, and Flipcloset, S.L. shall therefore assume no liability for the unavailability of the service.
- Not carry out reverse engineering, requirements gathering or other activities aimed at developing an online platform identical or similar to that made available by https://borow.es/, as this activity may be considered an act of unfair competition and an infringement of the intellectual and industrial property rights that the provider holds over the platform.
- Not translate, adapt, improve, transform, modify or correct the platform or any of its component elements, nor incorporate it into other software or portals of their own or provided by third parties.
- Not remove, delete, alter, manipulate or in any way modify the notices, legends, indications or symbols that the provider, as legitimate holder of the rights, incorporates into its properties in relation to intellectual or industrial property (such as copyright, ©, ® and TM, etc.), whether on the platform itself or in associated material.
- Accept that https://borow.es/ may place advertising, contextual or otherwise, on the website.
- Pay the amounts expressly indicated in this contract in due time and form.
- Inform the provider of any fact or situation that may have occurred that could jeopardise the security of access by authorised users.
- It is forbidden to force failures or seek security breaches in the platform.
WARRANTIES AND LIABILITY
We are deeply committed to ensuring that our services work correctly and in accordance with the terms agreed with our users. However, on occasion, particularly through the intervention of malicious third parties, situations may arise that could give rise to liability.
In this regard, we set out below those situations in which we are not responsible for the actions of users, who assume all resulting liability:
- Where information appears published on the platform that was not hosted by us or that was published by a third party outside the organisation.
- Where the platform is not operational for technical reasons attributable to third parties or due to unforeseeable causes and/or force majeure.
- Where the user or any third party stores, disseminates, publishes or distributes on the platform any type of defamatory, insulting or discriminatory material, material that incites violence or that is contrary to morality, public order, fundamental rights, public freedoms, or the honour, privacy or image of third parties.
- Where the user or any third party uses the platform to introduce data, viruses, malicious code, hardware or any other electronic or physical instrument or device, causing damage to the systems of other users.
The services made available and marketed through 1. are provided by third-party companies external to and completely independent of the provider. Therefore, https://borow.es/ is not liable in the event of occasional failures in the continuity of the service or, where applicable, its occasional unavailability.
If the services contracted by the user are unavailable for a period of more than 72 hours from the moment the incident is reported, the user is entitled to ask the provider to terminate this contract and refund the amounts corresponding to the services not enjoyed, which will be duly refunded through the same means used for the initial payment or, where applicable, by bank transfer.
If any of the content accessible through the platform is contrary to current legislation, we undertake to remove it immediately, as soon as we become aware of and corroborate the facts.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
At https://borow.es/ we are deeply committed to the protection of intellectual property rights. For this reason we have established the following terms and policies:
1. RELATING TO THE ONLINE PLATFORM
The provider warrants to the user that it is the legitimate owner of the platform and that the platform is not involved in any type of legal dispute prior to the signing of this contract.
The user expressly acknowledges that the provider holds all right, title and interest in the platform and the software developments associated with the service, as well as in all its modules, modifications and updates and in any element and/or functionality developed on it, regardless of whether it was requested by the user or not. For these purposes, this includes, without limitation, acknowledgement of the provider's ownership of all copyright and intellectual and/or industrial property rights, enabling it to exploit the platform without any restriction of a temporal or territorial nature, or relating to media or forms of exploitation, and with no limitations other than those established by law.
The structure, features, code, working methods, information and exchange systems, development tools, know-how, methodologies, processes, technologies or algorithms that constitute and/or may constitute the platform are the exclusive property of the provider and are duly protected by national and international intellectual and/or industrial property laws, and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user without the prior express consent of the provider.
Likewise, all user manuals, texts, graphic drawings and databases that complement the platform and/or the materials associated with it are the property of the provider and may not be subject to further modification, copying, alteration, reproduction, adaptation or translation by the user.
Making the platform available as a service, or mere access by the user, in no case implies the transfer of its ownership or the granting of a right of use in favour of the user other than that set out in these terms.
So that the user may use the platform, the exclusive property of the provider, the provider grants under this contract a licence of use in favour of the user that is non-exclusive, limited in time to each connection period, unlimited in space insofar as it can be accessed from any device with Internet access, non-transferable, revocable and non-sublicensable.
In any event, any type of reproduction, imitation, transmission, translation, modification, creation of derivative works and/or public communication is absolutely prohibited, regardless of the means used, and the infringing user shall otherwise assume all direct or derived liability that may arise.
For any aspect not expressly recognised in this contract, all rights shall be deemed reserved in favour of the provider, and its written authorisation shall be required in order to proceed.
2. RELATING TO USER CONTENT AND INFORMATION
All content and information published or managed by users on the platform is the exclusive property of the user, https://borow.es/ being merely an information society service provider responsible for data storage.
The provider does not receive any type of intellectual property right by virtue of the user hosting or managing such content on its platform, and may therefore in no case process it for purposes other than those directly related to the provision of the services actually contracted.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, all personal data provided while using the platform and during the provision of the services will be processed in accordance with the provisions of the Privacy Policy, which every user must expressly accept beforehand in order to register.
Every user who accepts these terms of use accepts, in an informed, express and unequivocal manner, our Privacy Policy, and in this regard holds the rights of access, rectification, erasure and objection with respect to their personal data, which they may exercise as set out in the aforementioned Privacy Policy.
TERM
These terms shall enter into force on the date the service is contracted and shall last for one year, renewing tacitly for annual periods.
Either party may terminate this contract by express written notice to the other party at least 30 days before the start of the following period.
However, consumable services contracted in packages or promotions may have a specific, fixed duration shorter than that indicated, which will in all cases be shown before contracting.
FINANCIAL TERMS
The rates applicable to each of the services offered through the platform shall be solely and exclusively those published on the online platform, these being the only valid ones, except in the event of a typographical or transcription error, in which case the provider undertakes to correct them immediately.
If the payment method is direct debit, the user expressly agrees that the provider may periodically, within the indicated timeframes, make the corresponding charges to the user's bank account.
The provider reserves the right to cancel contracts made within 7 days of their conclusion if it detects the existence of typographical or transcription errors in the price and/or taxes applied to the transaction.
The provider reserves the right to make any type of modification to the rates for each service, undertaking to publish them on the platform in a manner visible to users. Unless otherwise provided, rate modifications shall not be retroactive.
All contracted services shall be duly invoiced and paid prior to the provision of the services or at the end of the month, depending on the contracting method used.
Amounts may only be paid by direct debit or by credit card, and the provider shall at no time have access to any bank or credit card details.
All rates shall be increased by the amount corresponding to the taxes in force on the invoice date, which shall be duly reflected in the summary of each purchase.
CUSTOMER SERVICE AND TECHNICAL SUPPORT
The provider makes available to the user a customer service and technical support service with the following characteristics:
- Telephone: 91 933 0561
- Email: hola@borow.es
- WhatsApp: 67 280 6016
Unless specifically provided otherwise, customer service shall be provided exclusively in Spanish.
TERMINATION OF THE CONTRACT
This contract may be terminated whenever any of the following circumstances occur:
- Breach of the obligations set out in this contract.
- Expiry of its term, provided that either party has expressly stated, at least 30 days in advance, its intention not to automatically renew the contract.
- The declaration of insolvency of the other party, or the commencement of any such or equivalent proceedings before the competent authorities, together with repeated breach of its obligations, whether filed by either party or by a third party.
- Failure to pay the corresponding amounts within the agreed timeframes and in the agreed manner. The service will be automatically blocked on the day following the non-payment. To reactivate it, it will only be necessary to pay the corresponding amount.
- The dissolution, liquidation or loss of legal personality of either party.
- Any substantial change or variation in the essential conditions indicated in this contract for its conclusion.
Likewise, for the contract to be fully terminated, the user must pay all amounts still outstanding, and full termination is not possible without fulfilment of this obligation, which is considered essential.
If the contract is terminated unilaterally by the user without duly proven and justified cause, the user waives any type of claim to the amounts paid to date.
OUT-OF-COURT DISPUTE RESOLUTION
Likewise, under the terms set out in Article 14 of EU Regulation 524/2013 on consumer dispute resolution, a direct link is provided to the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm