1. Definitions:
For the purposes of this legal notice, the following definitions are established
Website or babbaki.amwp.es: The set of web pages that make up the website published under the domain name babbaki and its subdomains.
User: A natural person who has provided personal information through any form on the Website or who accesses the Website.
Visitor: A natural person who has not provided personal information through any form on the Website but who browses the content published in the public area of the Website.
Content: Photographs, videos, and information related to babbaki and the products it promotes through the Website, as well as the opinions and information published by babbaki through the Blog.
Private Area: Web pages whose access is restricted to Users. Through this area, the User can place and manage orders.
2. Owner of babbaki.amwp.es
Batik & Co S.C.P with VAT ID: J04975918, located at c/ Alt de Gironella 12, 08017 Barcelona, with email hola@babbaki.com.
3. Purpose
Through the Website babbaki.amwp.es, information is provided about the products marketed, store locations, and news and trends in the fashion world via a Blog.
During the checkout process of a first order, the User may choose to act as a guest or register to facilitate future orders. In either case, the User must create an account and password. Through the account, if the user is registered, they can access the Private Area to manage their personal data, orders, returns, vouchers, and gift lists.
Access to the Private Area and placing an order are subject to Terms and Conditions of Use and Purchase, which must be read and accepted by the Users.
4. Intellectual Property Rights
The entire Website: text, images, buttons, software files, color combinations, as well as the structure, selection, arrangement, and presentation of its content is protected by Spanish and international intellectual property laws.
Access to the Website in no way implies any waiver, transfer, or total or partial assignment of the rights granted by Spanish and international legislation on intellectual property. Therefore, reproduction (except temporary downloading from the site to the user’s hard drive or proxy servers), copying, use, distribution, reuse, exploitation, making second copies, mailing, transmission, modification, transfer, or any other act with all or part of the information contained on the Website that has not been expressly authorized by the rights holder is prohibited.
Batik & Co S.C.P with VAT ID: J04975918 owns the intellectual property rights or holds the necessary usage licenses for all the elements that make up the Website for its use and operation.
As for the Content published through the Blog, babbaki grants Visitors a usage license to use and share them under the following conditions:
- Transformation of the Content to create derivative works is not allowed.
- Any use of the Content requires crediting the author.
- Commercial use of the Content is prohibited.
Regarding comments published on the Blog by a User that may be considered a literary creation, the User guarantees they are the author and therefore hold all exploitation rights. The User grants babbaki a non-exclusive, indefinite, worldwide, non-transferable usage license for publication and dissemination of those comments on the Blog.
5. Industrial Property Rights
The trademarks and logos on the Website are protected by Spanish and international industrial property laws.
The logos identifying babbaki are the property of babbaki. The mere publication of such logos on the Website does not imply that babbaki authorizes their use by Users or Visitors beyond what is necessary to reproduce the Website’s content.
The distinctive signs identifying third parties and their products (clothing and accessories) are the property of those third parties. Therefore, babbaki grants no license to Users or Visitors, who may only use them to view the Website’s content.
6. Data Protection
Please read the published Privacy Policy and Cookie Policy.
7. Liability and Obligations
A. Liability for Content
The information about the products marketed through the Website is provided “as is” and without express or implied warranties, except those established by law.
Babbaki has taken steps to ensure that the Website Content is accurate and up to date as of its publication (and, as much as possible, afterward).
Babbaki disclaims responsibility for misuse of the Content and for any damages the use of the Content may cause to Users or Visitors.
Babbaki does not guarantee that the Content published on the Blog is up to date or has not been modified since publication.
Babbaki reserves the right to update, remove, restrict, or block access to Content, either temporarily or permanently. These changes do not grant Users or Visitors the right to any compensation nor imply any acknowledgment of liability by Babbaki.
B. Responsibility for User Comments
Babbaki assumes no responsibility for comments made by Users on the Blog. The publication of such comments does not imply Babbaki’s endorsement.
Babbaki will remove comments deemed illegal or infringing upon third-party rights or the following principles:
a) Safeguarding public order, criminal investigation, public security, and national defense.
b) Protection of public health or individuals/entities as consumers or users.
c) Respect for human dignity and non-discrimination based on race, sex, religion, opinion, nationality, disability, or other personal/social circumstances.
d) Protection of youth and children.
e) Safeguarding intellectual property rights.
f) Prohibition of pornographic content.
If a User or Visitor believes a comment violates any of the above, they may notify Babbaki at hola@babbaki.com so that the comment can be removed if deemed appropriate.
C. Responsibility for Linked Content
Links to third-party websites do not imply that Babbaki has control over their content. If a User detects unlawful content or violations of the principles outlined in section B, they may report it to Babbaki at hola@babbaki.com to take the appropriate action.
Regarding links to Babbaki’s social media profiles, content use is subject to the social media platform’s terms and to those published by Babbaki, if applicable.
Some links to third-party websites may be posted by blog comment authors. Babbaki disclaims responsibility for the content of such sites. Users or Visitors who detect unlawful content may report it to Babbaki.
D. Technical Liability
Although Babbaki tries to ensure continuous Website access, the dynamic nature of the internet and its content may cause interruptions due to necessary updates. Therefore, Babbaki cannot guarantee continuous Website operation or freedom from errors or malfunction due to internet connection issues.
In case of problems during Website use, Users may contact Babbaki at hola@babbaki.com with the subject line: “WEB INCIDENTS.”
Babbaki is not responsible for direct or indirect damage, including computer system damage or virus infections caused by internet navigation. Users accept the risk of using or downloading content from the Website.
E. Obligations of Users and Visitors
Users and Visitors are liable for any damages caused to Babbaki due to breach of this Legal Notice.
Users and Visitors are solely responsible for their conduct when accessing, browsing, and after using the Website. They are liable for:
- Unlawful use of the Content or use contrary to this Legal Notice;
- Use of the Website that harms third-party rights or interests;
- Use that damages or impairs the Website or prevents others from using it properly.
Users and Visitors must not misuse the Website by intentionally introducing viruses, trojans, worms, logic bombs, or other harmful programs. Nor may they attempt unauthorized access to the Website or associated servers, computers, or databases. Attacks such as denial-of-service (DoS) or distributed denial-of-service (DDoS) are prohibited.
Violations may constitute criminal offenses. Babbaki will report any breaches to authorities and cooperate in identifying offenders.
When browsing, Users and Visitors agree to follow Babbaki’s guidelines regarding proper Website and Blog use.
8. Linking Policy
Babbaki authorizes third parties to link to the Website.
9. Duration and Modification
Babbaki reserves the right to modify this Legal Notice due to legislative, jurisprudential, or business practice changes.
This legal notice remains in force as long as it is displayed, until it is fully or partially modified by Babbaki.
Babbaki may terminate, suspend, or interrupt Website operation unilaterally, without any obligation to compensate Users.
10. Governing Law and Jurisdiction
This Legal Notice is governed by Spanish law.
Users, Visitors, and Babbaki, waiving any other jurisdiction permitted by law, submit to the Courts and Tribunals of the city of Barcelona to resolve any disputes arising from this Legal Notice.
11. Language
This Legal Notice is written in English and Spanish. The Spanish version is the official one.
12. Record of Legal Notice Versions
Babbaki keeps a record of all versions of this Legal Notice.
13. Information Note in Compliance with ART. 14.1 REGULATION (EU) No. 524/2013
In accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer matters, and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, MARIONA informs that the European Commission has developed and manages an online dispute resolution platform accessible through the following link: http://ec.europa.eu/consumers/odr/.
Last updated: February 10, 2020