The following terms and conditions constitute an agreement between you and the brand Lyctus (“we,” or “us”). This agreement (“Terms of Use”), and our Data Privacy Policy, governs your use of this site (as a casual guest visitor and/or as a registered user). Use of any functionality of this site constitutes ACCEPTANCE of these terms of use and our Data Privacy Policy. For any dispute relating to this legal notice the parties agree to submission to the corresponding Spanish jurisdiction. By system default, the language used on this site, these Terms of Use, and the other site policies is English (only option). If translation of these Terms of Use or any other policies to other languages is needed, please contact us and we will provide it.

Our site:

Lyctus is a swimmwear brand and through our site users can browse and purchase our products, receive news and information about our collections, contact us and get useful information about us and our commitment with a more sustainable world. The site and the domain belong to MARIANO IMANOL FREIRE GONZALEZ, NIF 3******5T, with address on Muntaner 83, Barcelona, 08011, Spain.

Changes to the Terms of Use:

We may change the Terms of Use at any time, as we reasonably deem appropriate. Upon any change in the Terms of Use, we will post the amended agreement on the Site with notice of the changes and/or send you an email notifying you of the nature of the modifications and providing a link to the modified document on the Site for your review. Your continued use of the Site following receipt of such notification shall constitute your affirmative acknowledgement of the Terms of Use and its modification and agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, including following receipt of notification of any modifications hereto, then you agree not to use the Site.

Registration:

In order to utilize some of the Services available on/through the Site, you will have to register with us. As part of the registration process, you will create a username and password. The username and password that you provide are your credentials (“Credentials”) for accessing those Services that are only available to members.

Your Personal Information:

In order to register, you must provide certain personal information about yourself. Our Data Privacy Policy explains the information practices that apply to this and other personal information we have about you, as well as any choices you can make about the ways this information is used. Please review it carefully.

Your Responsibilities

You are responsible for all use of the Site and the Services and for all use of your Credentials, including use by others to whom you have given your Credentials. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. You may use the Site and the Services for lawful purposes only. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Site or the Services. You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting anything else contained herein, you agree that you shall not (and you agree not to allow any third party to):
• Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services;
• Remove notices of any copyright, trademark or other proprietary rights contained in or on the Site and/or the Services or in any content or other material obtained via the Site and/or the Services;
• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;
• Reformat or frame any portion of the web pages that are part of the Site and/or the Services;
• Create user accounts by automated means or under false or fraudulent pretenses;
• Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
In addition we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce the Terms of Use.

Changes to the Services

We may from time to time add new services to the Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by the Terms of Use. You agree that Lyctus will not be liable to you or any third party for any suspension or discontinuation of any of the Services.

Links to Other Sites:

The Site may contain advertisements and/or links to other websites (“Third Party Sites”). These links are provided solely for the convenience of the users. Lyctus does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Site and navigate to Third Party Sites, or install any applications, software or download content from any such websites, you do so at your own risk. Once you access a Third Party Site through a link on the Website, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Site. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Site, or relating to any applications you use or install from such Third Party Sites. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Lyctus bears no responsibility for any action associated with any Third Party Site. Moreover, Lyctus does not imply an affiliation with any Third Party Site.

Shipping Policy/Risk of Loss

Merchandise will be shipped to the address you provide via the shipping method you designate at checkout, and all sales are made pursuant to a shipment contract, such that the risk of loss and title for all purchased items pass to you upon our delivery to the carrier.

Return Policy:

If for any reason you are dissatisfied, we will assist you with a prompt refund or exchange. Please check our Return Policy for more information or contact us.

Product and Pricing Information:

All our products are brand new, handmade created. The displayed colors of the products mary vary depending from where the user/customer see them (computer, mobile phones, etc.). Products displayed may be out-of-stock or discontinued, and prices are subject to change. Lyctus is not responsible for typographical errors regarding price or any other matter.

Sales Tax (VAT):

Applicable sales tax (VAT or IVA) is included in all our merchandise´s prices, including shipping & handling fees.

Charging Your Credit Card:

Orders are subject to verification and acceptance before shipping. We are not responsible for typographical errors. We charge your credit card once you review your order and make the online payment.

Your Use of Content:

All of the content available on or through the Services and/or the Site, including without limitation, text, photographs, graphics, logos, trade/service marks, and video and audio content, is owned and/or controlled by us, our licensors and/or content suppliers and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Lyctus’s proprietary information. All content not owned by Lyctus that appears on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lyctus. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site in whole or in part, for any commercial gain or purpose whatsoever except as expressly provided herein. Except as is expressly provided herein, Lyctus and its licensors do not grant you any express or implied rights, and all rights in the Site and the Services not expressly granted by Lyctus to you are retained by Lyctus.

Disclaimer of Warranties:

WE PROVIDE THE SITE AND THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY USERS OF THE SITE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SITE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, LYCTUS MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SITE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. LYCTUS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES, SOFTWARE OR SITE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

General Limitation of Liability:

IN NO EVENT SHALL LYCTUS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF LYCTUS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination:

We may terminate and/or suspend your registration with the Site and/or access to the Services immediately, without notice, if there has been a violation of the Terms of Use or other policies and terms posted on the Site by you or by someone using your Credentials. Notwithstanding any other provisions contained herein, we may also cancel or suspend your registration/access for any other reason, including without limitation inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Lyctus shall not be liable to you or any third party for any termination of your access to the Site and/or the Services. Further, you agree not to attempt to use the Site and/or the Services after any such deletion, deactivation or termination. You may terminate your Lyctus account at any time by contacting us through the e-mail address at the end of these terms.

Indemnification:

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the Services, or (c) the violation of the Terms of Use by you or any third party using your Credentials of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

Entire Agreement:

This agreement and any supplemental terms, policies, rules and guidelines posted on the Site, including the Data Privacy Policy constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Lyctus to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

This agreement is considered celebrated under the Spanish territory and its applicable legislation but it is also aligned with the “Reglamento Europeo de Proteccion de Datos (RGPD)” and the “Ley Organica de Proteccion de Datos y Garantia de Derechos Digitales (LOPDGDD)”.

Information related to online dispute resolution of Art. 14, para. 1 of the ODR (Online Dispute Resolution Regulation):

The European Commission offers consumers the opportunity to resolve disputes online in accordance with Art. 14, para. 1 of the ODR on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a website where consumers can try to reach agreements without going to trial related to disputes that arise in purchases and contracts for online services.

Assignment:

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense the Terms of Use to anyone else and any attempt to do so shall be null and void.

Eligibility:

You must be 18 years of age or older, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and the Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify under these terms, do not use the Site or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in Spain and intended for users in Spain; any use outside Spain is at the user’s own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

For any additional questions please contact us throught the contact section on this site or email us at info@lyctusbcn.com.

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