1. Definitions:
For the purposes of this legal notice, the following definitions are established:
- Web or babbaki.amwp.es: The set of web pages that make up the website published under the domain name babbaki and its subdomains.
- User: Natural person who has provided personal information through any form on the Web or who accesses the Web.
- Visitor: Natural person who has/have not provided personal information through any Web form but who consults the content published in the public area of the Web.
- Content: The photographs, videos and information related to babbaki and the products it promotes through the Web, as well as the opinions and information published by babbaki through the Blog.
- Private area: Web pages whose access is limited to Users. Through this Area the User can place orders and manage their orders
2. Headline of babbaki.amwp.es
Batik & Co S.C.P with CIF: J04975918 with address at c/ Alt de Gironella 12, 08017 BCN, with email hola@babbaki.com.
3. Object
Through the website babbaki.amwp.es. offers information on the products it sells, where its stores are located and information on news and trends in the world of fashion through a Blog.
During the process of processing a first order, the User can choose to act as a guest or register for greater ease when placing future orders. In both cases you must create an account and an access password. Through the account, if you are a registered user, you will access the Private Area where you can manage your personal data, as well as your orders, returns and purchase vouchers, as well as configure and manage your gift lists.
Access to the Private Area and placing an order are subject to Terms and Conditions of use and purchase that must be read and accepted by the Users.
4. Intellectual Property Rights
The entire Web: text, images, buttons, software files, color combinations, as well as the structure, selection, arrangement and presentation of its contents is protected by Spanish and international laws on Intellectual Property.
In no case allowing access to the Web implies any type of waiver, transmission or total or partial transfer of the rights granted by Spanish and international legislation on Intellectual property. Therefore, the reproduction (except the temporary download from the website to the hard drive of the user’s computer or to proxy servers), the copying, the use, the distribution, the reuse, the exploitation, the making of second copies, the sending by mail, the transmission, modification, assignment or any other act that is done with all or part of the information contained in the Web that has not been expressly authorized by the owner of the exploitation rights are prohibited.
Batik & Co S.C.P with CIF: J04975918 is the owner of the intellectual property rights or holds the necessary licenses for use of all the elements that make up the Web for its use and exploitation through it.
Regarding the Contents published through the Blog, babbaki grants Visitors a use license that enables them to use and disseminate them subject to the following conditions:
- Any use of the Contents will require the identification of the author
- The use of the Content for commercial purposes is prohibited.
- Transformation of the Contents to create a derivative work is not permitted.
Regarding the comments published on the Blog by a User that may be considered as a literary creation, the User guarantees that he is the author of the same, holding, consequently, all the exploitation rights. The User grants babbaki a non-exclusive, indefinite, worldwide and non-transferable license to use these comments for their publication and dissemination on the Blog.
5. Industrial Property Rights
The brands and logos present on the website are protected by Spanish and international laws on industrial property.
The logos that identify babbaki are the property of babbaki. The mere fact of publishing said logos on the Website does not imply that babbaki authorizes the use of said logos by Users and Visitors of the Website beyond what is necessary to reproduce the content of the Website.
The distinctive signs that identify third parties, as well as their products (clothes and accessories) are the property of said third parties, for which reason babbaki does not grant any type of license to the Users and Visitors of the Website, who may only use them to view the content of the website.
6. Data Protection
Read the published Privacy Policy and Cookies Policy.
7. Responsibility and Obligations
A. Responsibility for the Contents
The information related to the products marketed through the Web is provided “as a true body” and without express or implicit guarantees on them except those established by law.
Babbaki has adopted measures aimed at ensuring Users that the Contents of the Website are taken care of and do not contain incorrect information or that it is not updated with respect to the date of its publication on the Website (and, to the extent possible, subsequently).
Babbaki rejects the responsibility that derives from the misuse of the Contents, as well as declines any responsibility for the damages that the use of the Contents could cause to the User or the Visitor.
Babbaki does not guarantee that the Contents published on the Blog are up to date, nor that they have not been modified after publication.
Babbaki reserves the right to update, delete, limit or prevent access to the Content, temporarily or permanently. Any such change does not grant the User or the Visitor any right to be compensated, nor does it imply the acknowledgment of any responsibility on the part of Babbaki.
B. Responsibility for comments made by Users
Babbaki assumes no responsibility for comments made by Users on the Blog. The fact that the comments are published on the Blog does not imply that Babbaki shares or signs them.
Babbaki will proceed to suppress those comments that it considers contrary to the law or that damage property or rights of a third party or violate the following principles:
a) Safeguarding public order, criminal investigation, public security and national defense.
b) The protection of public health or of natural or legal persons who have the status of consumers or users.
c) Respect for the dignity of the person and the principle of non-discrimination for reasons of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance.
d) The protection of youth and childhood.
e) The safeguarding of intellectual property rights.
f) That they do not contain pornographic content.
For this reason, in the event that a User or Visitor considers that any comment published on the Blog violates the aforementioned, they may inform Babbaki by sending an e-mail to hola@babbaki.com so that Babbaki can eliminate the comment if it considers that it violates what is indicated.
C. Responsibility for linked content
The posting of links to the websites of other persons, organizations or companies does not imply any control by Babbaki of the content of these other websites. In the event that the User detects that any of these contents may be contrary to the law or that it damages property or rights of a third party or any of the principles indicated in section B, they may inform Babbaki by sending an e-mail to hola@babbaki.com, in order to be able to cancel that link or carry out the corresponding actions.
Regarding the link to the profiles that Babbaki has in different social networks, the use of the contents to which the User may access will be subject to the terms and conditions of the owner of the social network and those published by Babbaki in said profiles, if applicable. the case.
Some of the links to websites of other individuals, organizations or companies may have been inserted by the commenter as part of their content. Babbaki disclaims any liability for the content of these other websites. In the event that the User or Visitor detects that any of these contents may be contrary to the law or that it harms property or rights of a third party or any of the principles indicated in section B, they may inform Babbaki by sending an email -mail to hola@babbaki.com, in order to be able to cancel the comment that includes the link or carry out the corresponding actions.
D. Responsibility for technical aspects
Although Babbaki tries to do everything possible to guarantee continuous access to the Website, the dynamic nature of the Internet and its contents may not allow the Website to operate without interruptions or discontinuities due to the need to update the website. Therefore, Babbaki cannot guarantee the continuity of the Website’s operation, nor that it is operational and available at all times, nor that it does not contain errors or malfunctions due to the Internet connection. In the event of any problem noticed during the use of the Website, the User may notify babbaki by sending an e-mail to hola@babbaki.com, indicating WEB INCIDENTS in the subject line.
Babbaki is not responsible for direct or indirect damages, including damage to computer systems and introduction of existing viruses in the network, derived from Internet browsing, necessary for the visit and use of the Web. Thus, Babbaki declines any responsibility for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect the User’s computer equipment or devices, data or materials as a consequence of the use of the Web or the download of contents of the same or to which it redirects.
E. Obligations of Users and Visitors
The User or the Visitor will be liable for the damages that Babbaki may suffer as a result of the breach of any of the obligations determined in this Legal Notice.
Users and Visitors are fully responsible for their conduct, when accessing the Web, during their navigation, as well as after having accessed it. Therefore, they are solely responsible before Babbaki and third parties for the consequences that may arise from:
- A use, for illicit purposes or effects or contrary to this Notice, of the Contents;
- The use of the Web with harmful effects of the interests or rights of third parties, or
- The use of the Web that in any way may damage, disable or deteriorate the Web or its services or prevent the normal enjoyment of it by other users.
The User or the Visitor must not make improper use of the Website through the intentional introduction of viruses, Trojans, worms, logic bombs or any other program or technologically harmful or harmful material. Neither the User nor the Visitor will try to have unauthorized access to the Web, to the server on which said site is hosted or to any other server, computer, equipment or database related to the Web. The User or the Visitor undertakes not to attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
Failure to comply with the aforementioned could lead to the commission of infractions typified by the applicable regulations. Babbaki will report any breach of said regulations to the competent authorities and will cooperate with them to discover the identity of the offender.
Regarding navigation, the User and the Visitor undertake to diligently and faithfully observe the recommendations that Babbaki establishes at the time regarding the use of the Web and, especially, the Blog.
8. Link Policy
Babbaki authorizes third parties to establish links to the Web.
9. Duration and Modification
Babbaki reserves the right to modify this Legal Notice as a result of a change in legislation, jurisprudence or business practice.
The temporary validity of this legal notice coincides, therefore, with the time of its exposure, until such time as they are totally or partially modified by Babbaki.
Babbaki may unilaterally terminate, suspend or interrupt the operation of the Website, without the possibility of the user requesting any compensation.
10. Legislation and Jurisdiction
This Legal Notice is governed by Spanish law.
Users, Visitors and Babbaki, expressly renouncing their jurisdiction to the extent that current legislation so allows, submit all interpretations or conflicts that may arise from this Legal Notice to the Courts and Tribunals of the city of Barcelona.
11. Language
This Legal Notice is written in English and Spanish. The Spanish version is the authentic one.
12. Registration of the content of the Legal Notices
Babbaki will keep a record of all versions of the Legal Notices.
13. Informative 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 in consumer matters and amending Regulation (EC) No. 2006 /2004 and Directive 2009/22/EC MARIONA informs you that the Commission has developed and manages an online dispute resolution platform which you can access through this link http://ec.europa.eu/consumers/odr/.
Last modified: February 10, 2020