Legal Notice
Access, navigation and use of the website https://www.barbillonoyster.com/ (hereinafter, the “Website”) implies the express and unreserved acceptance of all the terms of these Conditions of Use, having the same validity and effectiveness as any contract concluded in writing and signed.
Their observance and compliance will be enforceable with respect to any person who accesses, navigates or uses the Website. If you do not agree with the terms set forth, do not access, navigate or use the Website.
1 IDENTIFICATION
- Owner: LE BAR DE VALDEMARÍN S.L.
- C.I.F.: B86522463
- Registered office: Avda. de Valdemarín, 165 – 169 – 28023 Madrid
2 PURPOSE
These Terms of Use regulate access to, browsing of and use of this Website, without prejudice to the fact that LE BAR DE VALDEMARÍN S.L. reserves the right to modify its presentation, configuration and content, as well as the conditions required for its access and/or use. Access to and use of the contents of the Website after the entry into force of its modifications or changes implies acceptance of the same. However, access to certain contents and the use of certain services may be subject to certain specific conditions, which will in any case be clearly displayed and must be expressly accepted by users. These specific conditions may replace, complete or, where appropriate, modify these Conditions of Use. LE BAR DE VALDEMARÍN S.L. reserves the right to modify the terms and conditions stipulated herein, in whole or in part, publishing any change in the same way as these Conditions of Use appear or through any type of communication directed to users. Likewise, we inform users about their rights and obligations in relation to the contents displayed through the Website, logos and brands used, as well as the responsibilities that may arise from the use of the service. For the purposes of interpreting these Terms of Use, we understand that a person becomes a user when he or she accepts the Terms of Use and the Privacy Policy set out on the Website, and it is sufficient for him or her to visit it.3 ACCESS
Access to the contents of the Website is completely free of charge. Access to the Website by minors is prohibited. However, in the event of access to the Website and registration by a minor, it will be presumed that access has been made with the prior and express authorisation of his or her parents, guardians or legal representatives, without prejudice to the fact that LE BAR DE VALDEMARÍN S.L. reserves the right to carry out as many verifications as it deems appropriate. Access and navigation on the Website do not require registration, although in order to receive advertising, information and periodic offers of our promotional campaigns and our products, it will be necessary to complete the web forms enabled for this purpose. Registration is free. Under no circumstances will LE BAR DE VALDEMARÍN S.L. be responsible for the veracity of the data provided by users, so each of them will be solely responsible for the possible consequences, errors and failures that may arise from the lack of quality of the data.4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
LE BAR DE VALDEMARÍN S.L. is the owner or, where applicable, has the corresponding licenses for the intellectual and industrial property exploitation rights of the Website, as well as all the content offered therein, including texts, photographs or illustrations, logos, brands, graphics, designs, interfaces, or any other information or content, and the services available through it. In no case shall it be understood that the access, navigation and use of the Website by the user implies a waiver, transmission, license or total or partial transfer of said rights by LE BAR DE VALDEMARÍN S.L.. The user has a right to use the contents of the Website within a strictly domestic scope of the user and solely for the purpose of enjoying the services provided in accordance with these Conditions of Use. References to registered trademarks or trade names, or other distinctive signs, whether owned by LE BAR DE VALDEMARÍN S.L. or third-party companies, imply a prohibition on their use without the consent of LE BAR DE VALDEMARÍN S.L. or its legitimate owners. At no time, unless expressly stated otherwise, does access, navigation or use of the Website and/or its contents confer on the user any right over distinctive signs included therein. All intellectual and industrial property rights over the contents and/or services of the Website are reserved. In the event that the user sends information of any kind to LE BAR DE VALDEMARÍN S.L. through any of the channels enabled for this purpose, the user declares, guarantees and accepts that he/she has the right to do so freely and that said information is not confidential or harmful to third parties. The user acknowledges assuming responsibility, leaving LE BAR DE VALDEMARÍN S.L. harmless for any communication that he/she supplies personally or in his/her name, said responsibility extending without restriction to the accuracy, legality, originality and ownership of the same. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could constitute an infringement of intellectual and/or industrial property rights, he/she must immediately notify LE BAR DE VALDEMARÍN S.L. via email so that the latter can take appropriate action. Likewise, in the event that any user or third party considers that any of the contents of the Website owned by LE BAR DE VALDEMARÍN S.L. violates their intellectual and/or industrial property rights, as well as any other rights, they must send a communication to LE BAR DE VALDEMARÍN S.L.. with information regarding the rights allegedly infringed by LE BAR DE VALDEMARÍN S.L.5 LINKS
5.1. LINKS TO OTHER WEBSITES
In the event that the Website displays links to other websites through different buttons, links, banners or embedded content, LE BAR DE VALDEMARÍN S.L. informs that these are directly managed by third parties, and LE BAR DE VALDEMARÍN S.L. does not have the human or technical means to know in advance and/or control and/or approve all the information, content, products or services provided by other platforms to which links may be established from the Website. Consequently, LE BAR DE VALDEMARÍN S.L.cannot assume any type of responsibility for any aspect relating to the platform or website to which a link may be established from the Website. If users have actual knowledge that the activities carried out through these third-party websites are illegal or contravene morality and/or public order, they must immediately notify LE BAR DE VALDEMARÍN S.L. so that the link to them can be disabled, an action that will be carried out as soon as possible. In any case, the establishment of any type of link from the Website to another external website will not imply that there is any type of relationship, collaboration or dependency between LE BAR DE VALDEMARÍN S.L. and the person responsible for said external website.5.2. LINKS TO THE LE BAR DE VALDEMARÍN S.L. CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
LE BAR DE VALDEMARÍN S.L. makes available to users, through different tools and applications, links that allow users to access the channels and pages of the Website that LE BAR DE VALDEMARÍN S.L. maintains on different platforms and social networks belonging to and/or managed by third parties (Facebook, YouTube, G+, Twitter, Instagram and LinkedIn). The inclusion of these links on the Website is solely intended to facilitate users’ access to said channels on the different platforms and social networks. The establishment of these applications does not imply the existence of any relationship between LE BAR DE VALDEMARÍN S.L. and the owner, manufacturer or distributor of the linked platform, nor the acceptance and approval by LE BAR DE VALDEMARÍN S.L. of its contents and/or services, its owner, manufacturer or distributor being the only party responsible for them. In no case will LE BAR DE VALDEMARÍN S.L. share with current or future social networks any type of private information about its users, its sole purpose being that established in these Conditions of Use, as well as in the privacy policy of the Website. In this sense, all the information that the user wishes to provide to these platforms will be under his/her own responsibility, with LE BAR DE VALDEMARÍN S.L. not intervening in this process. The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and outside the control of LE BAR DE VALDEMARÍN S.L. By accessing these external networks, the user enters an environment not controlled by LE BAR DE VALDEMARÍN S.L. and therefore LE BAR DE VALDEMARÍN S.L. will not assume any responsibility for the security configuration of these environments. LE BAR DE VALDEMARÍN S.L. assumes no responsibility for the content or services that the user may access on said pages, or for any content, products, services, advertising, or any other material available on said pages. For this reason, the user must be extremely cautious in the assessment and use of the information, content and services existing on the linked channels, and regarding their own or third-party information that they wish to share on said channels.5.3. LINKS ON OTHER WEBSITES TO THE WEBSITE
LE BAR DE VALDEMARÍN S.L. does not authorize the establishment of a link to the Website from those pages that contain materials, information or content that is illicit, illegal, degrading, obscene and, in general, that contravenes the law, morality or public order, or generally accepted social norms. In any case, users may establish links on their respective web pages that direct to the Website, provided that they comply with the following conditions: a) the link may not reproduce the content of the Website or parts thereof in any way; b) it is not permitted to create a browser or a border environment over the sections of the Website, nor may the Website be modified in any other way; c) it is not permitted to make false, inaccurate or incorrect statements or indications about the Website and/or, in particular, to declare or imply that LE BAR DE VALDEMARÍN S.L. has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website on which said link is established; d) the website on which the link to the Website is established will not contain information or content that is illegal, contrary to morality and generally accepted good customs and public order, nor will it contain content that is contrary to any third party rights, including intellectual and industrial property rights and/or the right to honor, personal or family privacy or one’s own image or any other right, or content that is contrary to the regulations governing the protection of personal data. LE BAR DE VALDEMARÍN S.L. has no authority or human or technical means to know, control or approve all the information, content, products or services provided by other websites that have established links to the Website and assumes no responsibility for any aspect relating to the website that establishes such a link.6 RULES FOR USE OF THE WEBSITE
Access to or use of the Website for illegal or unauthorized purposes, with or without economic purpose, is not permitted and, therefore, the consequences will be the exclusive responsibility of the user. In particular, using the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party, for the transmission of any virus, malicious code or other harmful programs or files, using the Website in an illegal manner, contrary to good faith, morality and public order, breaching, or attempting to breach, the security measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website, or carrying out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of LE BAR DE VALDEMARÍN S.L. The failure to comply with any of the above obligations by the user may lead to the adoption by LE BAR DE VALDEMARÍN S.L. of the appropriate measures protected by Law and in the exercise of its rights. or obligations, which may lead to the blocking of the offending user, without any possibility of compensation for damages and losses.7 RESPONSIBILITIES AND WARRANTIES
LE BAR DE VALDEMARÍN S.L. cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services on the Website, nor the usefulness or veracity of the documentation made available through it. Consequently, LE BAR DE VALDEMARÍN S.L. does not guarantee nor is it responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents; (iii) the absence of viruses and/or other harmful components on the Website or on the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of violating the security measures adopted on it; (v) the lack of usefulness or performance of the contents of the Website; and (vi) the damages or losses caused, to itself or to a third party, by any person who infringes the conditions, rules and instructions that LE BAR DE VALDEMARÍN S.L. establishes on the Website or through the violation of the security systems of the Website. Notwithstanding the above, LE BAR DE VALDEMARÍN S.L. declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the operation of the Website and to reduce system errors to a minimum, both from a technical point of view and in terms of the contents published on the Website. In any case, LE BAR DE VALDEMARÍN S.L. reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of the services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Conditions of Use, without the user being able to demand any compensation for this reason.8 SUSPENSION OF THE WEBSITE
LE BAR DE VALDEMARÍN S.L. reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, navigation, use, hosting and/or downloading of the content and/or use of the services of the Website, with or without prior notice, to users who contravene any of the provisions detailed in these Conditions of Use, without the user being able to demand any compensation for this reason.9 CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons, all personal data provided during the use of the Website will be treated in accordance with the provisions of the privacy policy.10 GENERAL
The headings of the different clauses are for information purposes only, and will not affect, qualify or expand the interpretation of these Terms of Use. Likewise, LE BAR DE VALDEMARÍN S.L. may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same way as these Terms of Use appear or through any type of communication addressed to users. The validity period of these Conditions of Use therefore coincides with the time of their display, until they are modified in whole or in part, at which time the modified Conditions of Use will become effective. In the event that any provision of these Conditions of Use is declared null or inapplicable, in whole or in part, by any competent Court, Tribunal or administrative body, such nullity or inapplicability will not affect the remaining provisions of these Conditions of Use. The non-exercise or execution by LE BAR DE VALDEMARÍN S.L. of any right or provision contained in these Conditions of Use will not constitute a waiver of the same, unless acknowledged and agreed in writing by the latter.11 APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Whenever the regulations in force for this purpose provide the possibility for the parties to submit to a specific jurisdiction, for any dispute arising from or related to this Website, the Spanish legislation in force at the time of the dispute will apply, and we will submit to the Courts and Tribunals of Madrid, as well as, where appropriate, to the Consumer Arbitration Courts or similar to those to which we are attached at the time of the dispute. To file complaints regarding the use of our services, you can send an email to the address electronics, committing ourselves to always seek an amicable solution to the conflict.