1. INTRODUCTION
We invite you to review the general conditions of use that govern the website www.bimbaylola.com/pa_en/ (hereinafter, the "Website") owned by BIMBA & LOLA PANAMA, S.A. (hereinafter, "BIMBA Y LOLA") with registered offices in Torre PDC, Ave. Samuel Lewis and Calle 56 Este, Obarrio, República de Panamá, 0816-01089 and Tax ID No. 642-242-126914 DV 39.
This document (together with all the mentioned documents) contains the Conditions that govern the use of this Website, whichever the digital medium or device used to access it, as well as any other that may be determined and the contract that binds you and BIMBA Y LOLA -you and us- (hereinafter, the "Conditions"). These Conditions establish the rights and obligations of all users (hereinafter, "you"/"your" or the "User") and of BIMBA Y LOLA (hereinafter, "us" and "our") as regards browsing the Website, acquiring the condition of user and the rights and obligations associated with said condition. This Website is not an online store, so the products shown are not for sale and their display does not represent an offer to consumers.
If a price is shown next to all or one of the displayed products, this price is merely indicative and non-binding, and therefore does not constitute a commercial offer.
Please read carefully these Conditions and privacy and cookie policies (hereinafter, "Privacy and Cookie Policies"). By using our Website, you are bound by these Conditions and the Privacy and Cookie Policies. If you do not agree with them, you must leave the Website.
These Conditions are subject to change at any time.
CONTACT: For any questions, consultations or suggestions, please send your comments to the e-mail address: contacto@bimbaylola.com.
2. WEBSITE OWNERSHIP
BIMBA Y LOLA is the owner of the Website.
All intellectual and industrial property rights of the Website, the Newsletter and commercial communications, including, but not limited to, commercial brands, logos, graphics, images, sound and video files, source code, texts and icons, as well as the rest of its content belong to BIMBA Y LOLA and are protected by the current law on intellectual and industrial property rights.
No User is authorised to use, print or store them on any physical medium for any purpose other than personal and private use. Modification, decompilation or commercial use of any part of it is therefore prohibited.
The use of the contents of the Website is only authorised for information and service purposes, provided that the source is quoted or referred to, and the User is solely responsible for any misuse of the same.
Access to our Website does not grant Users any right or ownership whatsoever over the intellectual or industrial property rights or the contents it contains. Users who access the Website may not copy, modify, distribute, transmit, reproduce, publish, transfer or sell the aforementioned elements or create new products or services derived from the information obtained without express written consent of BIMBA Y LOLA.
Any alteration to the content or structure of our Website by the User is strictly prohibited.
BIMBA Y LOLA reserves the right to take any pertinent legal actions against Users who violate or infringe the intellectual and/or industrial property rights.
Should the User detect any activity that could infringe any intellectual or industrial property rights or any other rights, we would ask that you notify us via our e-mail address contacto@bimbaylola.com.
The information provided on the Website is valid as of the date of the latest update. The company reserves the right to modify the content of the Website without prior notice, as well as to limit or deny access to our Website.
3. LINKS TO CONTENT
BIMBA Y LOLA reserves the right to block electronic links that redirect to this Website without express authorisation in advance.
If the Website contains links to content owned by third parties, it does not entail any recommendation, promotion, identification or agreement by BIMBA Y LOLA with the statements, contents or services provided through said website.
When the User clicks on a link published on our Website and is redirected to a third-party website, they abandon our Website and are no longer protected by these Conditions.
As a result, BIMBA Y LOLA assumes no liability whatsoever for the information, content and/or services hosted on third-party websites.
BIMBA Y LOLA shall remove any link the moment it becomes aware, by any means, of any illegal content or of any damage by them to the goods or rights of a third party.
4. CONDITIONS OF USE
These Conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a User and our rights as a company.
Our Website is not an online store, so you cannot make purchases or order through it, and the prices shown are merely indicative and non-binding. The products are displayed to reveal and advertise BIMBA Y LOLA products and our collections. In this regard, the products displayed on our Website may be purchased at our establishments within your region according to the availability in each store.
The “end user” is any individual or legal entity that acts within www.bimbaylola.com/pa_en/ for purposes other than those corresponding to the commercial, business or professional activities normally undertaken.
5. USER OBLIGATIONS
The User is obliged to:
a) Use our Website following the provisions set out in these Conditions and always in accordance with the law.
b) Not engage in any conduct or act that could damage BIMBA Y LOLA's image, interest and rights.
c) Not use this Website, its information and/or content for illicit purposes, and not to engage in any acts that could harm third-party rights and/or interests.
d) Not engage in any acts that could damage, render useless or overload the Website, or that would impede its normal use in any way.
e) Refrain from copying or extracting any content from the Website for private or public use, except when authorised by law or when BIMBA Y LOLA gives its express consent.
The User will be liable to BIMBA Y LOLA, or to third parties, for any damage that may arise as a result of non-compliance with these obligations.
6. INFORMATION ABOUT OUR PRODUCTS
BIMBA Y LOLA products and the information displayed on our Website do not entail a commitment by the company. In this regard, BIMBA Y LOLA will make every effort to keep the products and prices displayed on our Website up to date. However, there may be variations between the price on the Website and the final price of our products in each of the stores. In this regard, the final price will be that specified in our physical stores.
The company makes no commitment to ensure that the products on our Website are available in our stores within the region. The availability of products will depend exclusively on the stock of each physical store.
The products we present on our Website are a careful selection from our collection. We have taken special care to show the colours and characteristics of our products with great accuracy. Obviously, each monitor's settings are different, and we cannot guarantee that your monitor displays the colours with total accuracy.
7. LIABILITY AND EXEMPTION FROM LIABILITY
None of these Conditions exclude or limit our liability for (1) death or personal injury cause by our negligence, (2) fraudulent statements and (3) any other liability that may not be limited or excluded according to applicable law.
Subject to the paragraph above, and to the extent that the law allows, we shall not be liable for financial loss (including lost income, data, profits, contracts, business or expected savings) or loss of good will or reputation or losses due to special or indirect damages suffered or incurred by you as a result of or in connection with these Conditions.
8. NOTIFICATIONS
Some of the notifications or information that we send will be in writing, as required by applicable regulations, so as a User of this Website, you must accept that most of the communication with us will be electronic. We will contact you by e-mail. Therefore, you agree to use this electronic communication medium and accept that any communication that we send to you electronically complies with the legal requirements of being in writing. This condition shall not affect your rights recognised by law. Notifications will be deemed received and correctly given 24 hours after being delivered by e-mail.
9. APPLICABLE LEGISLATION
The use of our Website will be governed by Panamanian legislation.
Any disagreement arising in connection with the use of our Website will be subject to the non-exclusive jurisdiction of the Panamanian courts.