LEGAL NOTICE

 

1.- Legal information and acceptance 

The terms and conditions contained in this Legal Notice regulate the use of the Website www.barqet.com (hereinafter, the "Website") that Proyectos Geek, S.L. (hereinafter, “BARQET”) makes available to the Users who access its Website (hereinafter, the “User” or “Users”).


The Website offers s to the Users footwear and fashion online sales services within the territory of Spain (only Peninsula), France, Germany, Holland, Italy, Luxembourg, Belgium, Austria, Denmark, Poland, United Kingdom and Switzerland. 

Proyectos Geek S.L.with registered office in C/Vivero, 8 L20 – 28040 (Madrid), is listed on the Commercial Register of Madrid with VAT number B86724309, on sheet M-558796, of Volume 31046, Page number 165. If you wish to contact BARQET in relation to the Website you can do so by e-mailing BARQET at info@barqet.com.

The use of the Website by the Users entails the acceptance of all the conditions contained in this Legal Notice.

The duration of the Website service is limited to the moment in which the Users are connected to the Website or any of the services that are provided through the same. Therefore, the Users shall read this Legal Notice governing the use of the Website carefully each time they intend to use the same since it could undergo changes without prior warning.

Certain Website services which may be accessed by the Users may be subject to special terms and conditions, regulations and instructions which, where appropriate, substitute, complete and/or modify these terms and conditions, which must be accepted by the Users before the relevant service is supplied.

Access to and/or use of such services and contents entails the full and unconditional acceptance of the specific terms and conditions in the version published by BARQET at the time such access and/or use takes place.

It is possible that, during the supply of the services included in the Website, the domain name under which such services are supplied is changed. The Users are aware of and accept this possibility. In such case, the obligations accepted by the Users in this document shall remain fully valid and in force.

2.- Terms of use of the contents and services 

Access to the Website is free. Certain services are exclusive for certain Users and the access is restricted.

The Users shall only be able to access the contents through the means or procedures made available to this effect in the Website or which are habitually used on the Internet for such purpose, provided this does not entail the breach of intellectual or industrial property rights or entail damage of any kind for the Website and/or the information or services offered.

The User undertakes to use the contents and services in a diligent, legal, correct and lawful manner and, without limitation, shall refrain from:

  • using the contents and services in a manner that produces or may produce effects contrary to law, morality and generally accepted good practices or public order;
  • transferring or disclosing information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or which encourages conduct that is criminal, slanderous, defamatory, libellous, violent and, in general, contrary to law, morality and generally accepted good practices or public order;
  • reproducing, copying or distributing the contents and permitting the public to access the same through any means of communication to the public or transform or modify such contents, unless authorisation has been obtained from the owner of the relevant rights or such action is legally permitted;
  • breaching intellectual or industrial property rights held by BARQET or third parties;
  • using the services and contents in a way that might entail damage or overload for the operating of the Website,
  • carrying out fraudulent transactions or actions which might facilitate any kind of illicit or fraudulent conduct and
  • using the contents and services and, in particular, any kind of information obtained through the Website for any type of advertising purposes, especially sending publicity, communications for the purpose of direct sale or any other kind of commercial purpose, unsolicited messages individualized or addressed to more than one person and selling or in any way disclosing such information without the owner’s and/or BARQET’s authorisation.

The Users shall be liable for all types of damage that BARQET might suffer, directly or indirectly, as a result of non-compliance with any of the obligations under this Legal Notice or the law in relation to the use of the Website.

3.- Use of paswords

Access to the services provided through the Website may or not be exercised by signing up on an account (“BARQET Account”)

Should the User be registered, a password must be chosen. It will allow to access to the BARQET Account. Requests of the User’s personal data shall be governed by the Clause 8 of this Legal Notice.

Passwords assigned by You to the BARQET Account shall be personal and non-transferable, and the assignment to third parties it is not permitted even on a temporary basis. In this regard, Users undertake to use the Password in a diligent way and keep it secret. You are responsible to maintain exclusive control of the password. It is important to keep secure and confidential the account password. 

In the event that You become aware of or suspect the loss, theft or use of Your password by third parties, You shall inform BARQET of this circumstance as quickly as possible.

The User shall be liable for the expenses and damages caused as a result of the use of the Service by any third party that uses Your password to this effect as a result of a non-diligent use or loss of the same by the User.

4.- Disclaimer of warranties and liability 

BARQET reserves the right to interrupt the access to the Website and the supply of any or all of the Contents available through the same at any time and without prior notice, due to technical, security or maintenance reasons, power cuts or any other justified cause.

BARQET does not represent nor guarantees the reliability, availability or continuity of the Website or the Contents, so that the use thereof by the Users is done at their own risk, at any time BARQET shall be held responsible by the discontinuity or unavailability of its services.

BARQET shall not be liable for any interruption, delay, error, malfunction of the service or, in general, any other inconvenience owing to reasons beyond the control of BARQET, and/or due to the Users acting negligently or fraudulently and/or due to force majeure. Without prejudice of the terms of the article 1105 of the Spanish Civil Code, for the purpose of these general terms and conditions, force majeure shall be deemed to include all those events beyond the control of BARQET, such as: error on the part of third parties, operators or service companies, Government acts, non-access to third party networks, acts or omissions by public authorities, events resulting from natural disasters, power cuts, etc. and attacks by hackers, crackers and other third parties to the security or integrity of the IT system. In any event, irrespective of the cause, BARQET shall accept no liability for any direct or indirect damages, consequential damages and/or loss of profits.

BARQET disclaims its liability for any kind of damage that might result from the lack of veracity, accuracy, exhaustive nature and/or updating of the contents transferred, diffused, make available or received, obtained or which have been access through the Website, or the contents loaned or offered by third parties or entities.

BARQET, insofar as this is possible, shall try to update and rectify the information hosted in the Website that does not comply with the minimum guarantee of veracity. However, it shall be held harmless from such information not being updated or rectified and from the contents and information dumped in the same. 

BARQET disclaims liability for any kind of damage that might result from the presence of viruses or other harmful elements in the IT systems or the documents and systems stored on the same.

BARQET shall not be held responsible for the use made by the Users of the Website’s Contents and any other material contained in the Website, which might entail a breach of any type of rule, national or international, intellectual or industrial property rights or any other third party right. Likewise, BARQET shall not be held responsible for any possible security errors that might be produced as a result of using browsers that have not been updated, or the consequences that might derive from the malfunctioning of the browser, whether due to incorrect configuration, the presence of a computer virus or any other cause not attributable to BARQET.

5.- Links to third parties (Outbound Likns)

The service might include technical linking mechanisms, directories and even search tools which permit You to access other Internet websites (hereinafter, "Linked Sites").

In such cases, BARQET acts as service supplier (in accordance to article 17 of the Information Society Services and Electronic Commerce Act 34/2002 (LSSI)) and shall only be liable for the Contents and/or Service supplied on the Linked Sites insofar as it is effectively aware of the illicitness or that third party goods and rights might be harmed and has not disabled the link with due diligence.

In the event that You consider that there is a Linked Site with illicit or inappropriate Content, You may report this to BARQET through the e-mail specified in the beginning of this Legal Notice providing:

  • from the notifier: name, address, phone number and email address;
  • a description of the facts that reveal the illegal or inappropriate nature of the Linked Site; and
  • an express statement by confirming the accuracy of the information. In no case this communication entails the obligation to remove the link, or supposed, in accordance with the LSSI, an actual knowledge of the activities and / or contents indicated by the notifier.

In no event shall the existence of Linked Sites entail the presumption of agreements with the entities responsible for the same or owners of the same, or the recommendation, promotion or identification of BARQET with the statements, Content or the Service provided. 

BARQET shall not be held responsible for damages caused by the illicitness, quality, out datedness, unavailability, error and uselessness of the contents and /or services of the Linked Sites or any other damage that is not directly attributable to BARQET, with the exception of the liability set out in article 17 of the LSSI.

If Users decide to visit and/or use any of the Linked Sites, You shall do so at Your own risk and shall take the relevant protection measures against viruses or other harmful elements.

6.- Links to the website (Inbound links) 

The User who wants to introduce links from his own website to the Website must comply with the conditions listed below.

  1. The link will only link to the home page or home page of the Website but cannot reproduce in any way (inline links, deep links, browser or border environment, copying text, graphics, etc);
  2. It is forbidden in any case to set out any type of frames which surround the Website or allow to display the Website’s content through Internet addresses other than the Website and in any case, when such websites are viewed in conjunction with content different from the Website so that: (i) creates or can produce to Users, error, confusion or misleading about the true origin of the Service or content; (ii) involves an act of comparison or unfair imitation; (iii) exploit the brand reputation and prestige of BARQET; or (iv) otherwise it may be considered prohibited by law;
  3. No representation or false, inaccurate or incorrect indication of BARQET, its employees, customers, users, or the quality of the services provided shall be made from the website which links to the Website;
  4. In no case the website where an inbound link is set up will be able to express or insinuate that BARQET has consented to the inclusion of the link or that otherwise BARQET sponsors, collaborates, verifies or supervises the website services;
  5. The use of any trade, graphic or mixed mark or other distinctive sign BARQET within the third party’s website is prohibited except as permitted by law or expressly authorized by BARQET and where permitted, the direct link to the Website shall be set up in accordance to this clause;
  6. The website with an inbound link shall comply with the law and under no circumstances may provide or link to own or third parties contents that:
  • are unlawful or contrary to morality and decency (pornographic, violent, racist, etc);
  • induces or could induce the user the false impression that BARQET endorses, supports, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the third party website;
  • are inappropriate or irrelevant to the activity carried out by BARQET in relation to the place, content and theme of the third party website.
  • 7. An inbound link on a third party website does not imply in any case the existence of any kind of relationship between BARQET and the owner of the website in which it is established, nor the acceptance and approval of BARQET of its contents or services offered therein and made publicly available.

BARQET shall be able to request, at any time and without having to give reasons for the request, that any link to the Website is removed, after which the person responsible for the website offering the link shall remove the link immediately.

7.- Intellectual and Industrial Property rights

The entire Contents of the Website, which shall be deemed also to include, without limitation, texts, photographs, movies, graphics, images, icons, technology, software, links, domain names, brands, music and other audio visual or sound Contents, interactive features as well as their graphic design and source codes are the property of BARQET or its licensors are subject to intellectual and industrial property rights governed by national and international regulations.

The use of any types of element protected by industrial and intellectual property rights for any purpose, especially commercial purposes, and the distribution, communication, modification, alteration, transformation or decompilation thereof shall be strictly prohibited without the express written authorisation of BARQET or of the owner of the element protected.

8.- Miscellaneous 

Any clause or provision of this Legal Notice that is found to be illegal, invalid or unenforceable shall be excluded from the same and shall be considered inapplicable to the extent of such illegality, invalidity or unenforceability and replaced with a clause or provision as similar as possible to such illegal or invalid clause. The remaining provisions shall not be affected and notwithstanding such illegal, invalid or unenforceable clause or provision, shall remain fully valid and in force.

BARQET disclaims any warranty of any kind and therefore shall be held harmless from all liability derived from the above points, and other issues that might not be envisaged in this document.

9.- Governing Law and Jurisdiction 

Unless otherwise set out by the applicable law, the relationship between BARQET and You shall be governed by current Spanish legislation and any dispute shall be submitted to the Courts and Tribunals of the city of Madrid, (Spain).

PURCHASE TERMS

1.-General provisions. 

1.1. The present Purchase Terms, set out the purchase conditions of the products acquired by the Client through the website www.barqet.com online shop (the Online Store), managed by Proyectos Geek S.L.U, with V.A.T. B-86724309 and registered office at C/Vivero,8 L20, (“BARQET” or “We”).

The use of the Website, the booking or purchasing of any of the Products entails the acceptance, without any remakr, of all the conditions contained in this Purchase Terms, Legal Notice and in the Privacy Policy. To this end, by accepting the present Purchase Terms you acknowledge that you have read and agree the Privacy Policyand the Legal Notice.

For the above purpose, it shall be deemed as a Client the User which uses the services included within the Online Store; specially, the User which purchases the Products on sale through the Online Store.

1.2. BARQET reserves the right to decide at any time the Products offered through the Online Store. Thus, BARQET may at any time add new products to those included in the Online Store, provided, unless otherwise, that such new Products shall be governed by the provisions of the Purchase Terms in force at that time. Also BARQET reserves the right to cease providing access at any time and without notice, to any of the Products offered in the Online Store.

2.- How to buy at Barqet?

2.1. For the acquisition of any Product at the Online Store, you must follow the prompts on the screen and accept the purchase through the relevant indications. It shall mean that you have read and accepted the Purchase Terms, the Privacy Policy and the Legal Notice. These conditions are available by clicking on them.

2.2. Once you have selected the Product you want to buy, you can add it to the shopping cart by clicking on the button [Add to Cart] without purchasing commitment. At any time you can see your shopping cart by clicking on the upper right button with the symbol of the cart or clicking on the [Checkout] button. Any selected item can be removed from the shopping cart by clicking on the [x] button.

2.3. The prices of the products shown in the Online Store are expressed in euros and include any applicable taxes and other costs that may apply to them. Shipping costs shall be applied to the delivery of products and be shown where applicable.

2.4. If you want to continue with the purchase of selected Products in the shopping cart, you must click on the [Proceder al pago] button. Then we will ask your personal information. Before providing it, make sure you have read and understood the Privacy Policy.

2.5. Information marked with an asterisk must always be fulfilled. After entering your information, you can check that the details are correct and, if necessary, you can correct those that are wrong by clicking the [editar] button.

2.6. Payment of the Products is only managed through the Redsys system (card payments). At this point, you will have to proceed to complete the relevant data or fulfill the relevant form to which you may be redirected, depending on the method selected.

2.7. Almost done! To complete the purchase process, click on the [Checkout] button. Before ending the purchase process, you can still cancel your purchase at any time by closing the browser page.

2.8. After completing the purchase, you will receive within 24 hours from your purchase a confirmation on the email address you provided. Both the order information and the Purchase Terms are included in the order confirmation sent to you.

3.- Delivery.

3.- Check our Delivery policy at Shipping & Returns.

4.- Returns.

4.1. Check our returns & reminds policy at Shipping & Returns.

5.- Amendment of the conditions.

Due to changes in our trade policy or due to a law requirement, we can make at any time modifications on the Online Storea nd on the Purchase Terms. Note that when you buy, the Purchase Terms in force at the time you make the request shall be applied, unless required by law or as requested by a public authority, we are obliged to change these terms.

If any clause or provision of the Purchase Terms are found to be illegal, invalid or unenforceable, such clause or provision shall be excluded from these Purchase Terms and shall not affect to the validity or enforceability of the rest of clauses o provisions.

6.- I have a doubt...

For any query or issue related to the purchase process, you can contact us through the email info@barqet.com.

Madrid, September 2015.

Appendix

To Proyectos Geek S.L.U, with social address at C/Vivero,8 L20 and e-mail info@barqet.com.

– I hereby give notice that I withdraw form my contract of sale of the following good:

– Ordered on/Received on (*)

– Name and surname of consumer:

– Address of consumer:

– Signature of consumer (required only if the form is sent on paper)

Date:


 

CONTEMPORARY SPANISH FOOTWEAR TRADITION

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