Legal notice
By virtue of the provisions of Law 34/2002 on Information Services and Electronic Commerce (LSSICE), we offer you the following information:
WEBSITE https://www.espressoblue.com
IDENTIFICATION DATA OF THE OWNER COMPANY:
Espresso Blue S.L.- C.I.F. B64074628
Camino de Garreta, 79 - Pol. Ind. La Valldan - 08600 Berga (Barcelona) - Spain
Telephone 938 223 057
Registered in the Mercantile Registry of Barcelona: Volume 38219, Folio 84, Page B 323366, 1st Inscription
Contact: info@espressoblue.com
LEGAL NOTICE AND CONDITIONS OF USE
The access, navigation and use of the website https://www.espressoblue.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 than any contract entered into in writing and signed.
Its compliance and compliance will be enforceable with respect to any person who accesses, browses or uses the Website. If you do not agree with the terms set forth, do not access, browse or use the Website.
1. IDENTIFICATION
Name: Espresso Blue S.L. - C.I.F. B64074628
Registered Office: Camino de Garreta, 79 - Pol. Ind. La Valldan - 08600 Berga (Barcelona) - Spain
Contact email: info@espressoblue.com
Public Registry: Registered in the Mercantile Registry of Barcelona: Volume 38219, Folio 84, Page B 323366, 1st Inscription
2. OBJECT
These Conditions of Use regulate the access, navigation and use of this Website, without prejudice to the fact that Espresso Blue reserves the right to modify its presentation, configuration and content, as well as the conditions required for its access and / or utilization. The access 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 content and the use of certain services may be subject to certain particular conditions, which will in any case be clearly displayed and must be expressly accepted by users. These particular conditions may replace, complete or, where appropriate, modify these Conditions of Use.
Espresso Blue reserves the right to modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way as these Conditions of Use appear or through any type of communication directed to users.
In the same way, we inform users about their rights and obligations in relation to the content displayed through the Website, the logos and brands used, as well as the responsibilities that may arise from the use of the service.
For the purposes of interpreting these Conditions of Use, we understand that a person becomes a user at the moment they accept the Conditions of Use and the Privacy Policy displayed on the Website, and it is enough for them to visit it.
3. ACCESS AND REGISTRATION
to. Access to the contents of the Website is completely free, without prejudice to the fact that there may be sections or particular services that require for their use and enjoyment the payment of some economic amount, of which in any case the user will be duly informed, and that This must expressly accept in order to enjoy them.
b. Access to the Website by minors is prohibited. However, in case of access to the Website and registration by a minor, it will be presumed that the access has been made with the prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that Espresso Blue reserves the right to carry out as many verifications as deemed appropriate.
c. Under no circumstances will Espresso Blue be responsible for the veracity of the registration 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.
3.1. REQUIREMENTS TO REGISTER AS A USER
to. It is an essential requirement to be able to register as a user to be over eighteen (18) years old and to provide all the data required and classified as mandatory, oriented for the processing of the order, such as email, address and full address of the buyer, telephone number of contact and means of payment. In the same way, the registered user assumes that the user account is personal and non-transferable, being able to register on the Website both natural persons and legal persons, whether they are commercial companies or other types of entities.
b. The password will be personal and non-transferable, it must be generated by the user in accordance with the robustness and complexity rules that are established at all times by Espresso Blue. The password created by the user will have an unlimited temporary validity.
c. If the user selects a password that does not meet the minimum requirements according to the password policy approved and in force in Espresso Blue, the user will be notified of this breach and of the conditions that said password must meet for effective validity upon registration of the interested party. in the Espresso Blue user registry. However, Espresso Blue has the necessary functionalities so that the user, by notifying him in advance, can change his password when he deems it appropriate, for example, because he suspects or confirms that the confidentiality of the password has been breached.
d. It is the user's obligation to immediately notify Espresso Blue about any fact that allows the misuse of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed with its immediate cancellation. Until such events are communicated, Espresso Blue will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
and. The user undertakes to make diligent use of his password and keep it secret, not transmitting it to any third party and not to Espresso Blue. Consequently, users are responsible for the proper custody and confidentiality of any identifiers and / or passwords that they have selected as registered users of Espresso Blue, and they undertake not to assign their use to third parties, whether temporary or permanent, nor to allow their use. access to outsiders. The user will be responsible for the illicit use of the Website by any illegitimate third party, who uses a password for this purpose due to non-diligent use or loss of it by the User.
3.2. SIGN UP AS A REGISTERED USER
The user can, at any time, request to unsubscribe from the Website, simply requesting it by written communication to info@espressoblue.com, indicating their username and the specific service from which they wish to unsubscribe.
In any case, once the cancellation has been made, the user may request a new registration, saving the power of Espresso Blue not to admit said registration in the specific cases specified in the clause called "Website Use Rules" or in case of conflict or controversy raised between the parties, which is pending resolution or which has ended with acknowledgment of fault or negligence of the user and / or damage to Espresso Blue, its collaborators and associates or its users, clients or potential clients.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Espresso Blue is the owner or, where appropriate, has the corresponding licenses on the exploitation rights of intellectual and industrial property of the Website https://www.espressoblue.com, as well as of all the contents offered therein, without limiting nature, including the platform itself, databases, texts, photographs or illustrations, logos, brands, graphics, designs, audio, video, software, interfaces, or any other information or content, and the services available through it. The compilation (understood as the compilation, design and assembly, as well as the previous contents) of the entire Portal is the exclusive property of Espresso Blue and is protected by national and international industrial and intellectual property regulations.
In no case will it be understood that the access, navigation and use of the Website by the user or the use, acquisition and / or contracting of products or services offered through it implies a resignation, transmission, license or total or partial transfer of such rights by Espresso Blue. The user has a right to use the contents and / or services of the Website within a strictly domestic environment and solely for the purpose of enjoying the benefits of the service in accordance with these Conditions of Use.
References to trademarks or registered trade names, or other distinctive signs, whether owned by Espresso Blue or third-party companies, imply the prohibition on their use without the consent of Espresso Blue or its legitimate owners. At no time, unless expressly stated to the contrary, 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 and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the entire or part of the contents included in the Website, for public or commercial purposes, if you do not have the authorization prior, express and in writing of Espresso Blue as the owner of the corresponding rights.
Likewise, it is forbidden to suppress or manipulate the copyright or other credits indications that identify the rights holders of the contents that the user finds on the Website, as well as the technical protection devices, fingerprints, or any protection mechanism. or information incorporated into the content offered on the Website.
No reproduction of any part of the website may be sold or distributed for commercial gain nor should it be modified or incorporated into any other work, publication or website. Any use or misuse of the trademarks, designs, characters, characters, data, images, drawings, graphics, text files, audio, video and software, contained in this website is prohibited. You are advised that Espresso Blue will strictly enforce its copyright, industrial and intellectual property rights to the fullest extent of the law.
In the event that the user sends information of any kind to Espresso Blue through any of the channels enabled for this purpose, the user declares, guarantees and accepts that they have the right to do so freely, that said information does not infringe any intellectual property rights. , industrial, trade secret or any other rights of third parties, and that such information is not confidential or harmful to third parties.
The user acknowledges assuming responsibility, leaving Espresso Blue harmless for any communication that he provides personally or on his behalf, reaching said responsibility without any restriction on the accuracy, legality, originality and ownership thereof.
If the user becomes aware of the existence of any illicit, illegal content, contrary to the laws or that could imply an infringement of intellectual and / or industrial property rights, they must immediately notify Espresso Blue through the email address info @ espressoblue.com so that it can proceed to adopt the appropriate measures.
Similarly, in the event that any user or third party considers that any of the contents of the Website owned by Espresso Blue violates their intellectual and / or industrial property rights, as well as any other rights, they must send a communication to info @ espressoblue.com.
5. LINKS
5.1. LINKS TO OTHER WEBSITES
In the event that links to other web pages are displayed on the Website through different buttons, links, banners or embedded content, Espresso Blue informs that these are directly managed by third parties, and Espresso Blue does not have the human or technical means to learn about previously and / or control and / or approve all information, content, products or services provided by other platforms to which links can be established from the Website.
Consequently, Espresso Blue will not be able to assume any type of responsibility for any aspect related to the platform or web page to which a link could be established from the Website, specifically, by way of example and not limitation, on its operation, access , data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
In this sense, if users had effective knowledge that the activities carried out through these third-party web pages are illegal or contravene morality and / or public order, they must immediately notify Espresso Blue in order to proceed with disable the link to access them, an action that will be carried out in the shortest possible time.
In any case, the establishment of any type of link from the Website to another external website will not imply that there is any kind of relationship, collaboration or dependency between Espresso Blue and the person responsible for said external website.
5.2. LINKS TO THE ESPRESSO BLUE CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
Espresso Blue makes available to users, through different tools and applications, means of links that allow users to access the channels and pages of the Website that Espresso Blue maintains on different platforms and social networks owned and / or managed by third parties (eg Facebook, Twitter, Pinterest, Instagram, Google+, etc.). The sole purpose of including these links on the Website is to provide users with access to these channels on the different platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between Espresso Blue and the owner, manufacturer or distributor of the linked platform, nor does it imply the acceptance and approval by Espresso Blue of its contents and / or services, being its owner , fab In no case does Espresso Blue share with Facebook, Twitter or any other social network that is incorporated in the future 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 himself wishes to provide to these platforms will be under his own responsibility, and Espresso Blue does not intervene in said process.
The activation and use of these applications may entail the identification and authentication of the user (login / password) on the corresponding platforms, completely external to the Website and outside the control of Espresso Blue. By accessing these external networks, the user enters an uncontrolled environment, so Espresso Blue will not assume any responsibility for the security settings of said environments.
Since Espresso Blue has no control over the content hosted on said channels, the user acknowledges and accepts that Espresso Blue does not assume any responsibility for the content or for the services that the user may access on said pages, or for any content. , products, services, advertising, or any other material available in them. For this reason, the user must exercise extreme caution in the evaluation and use of the information, content and services existing in the linked channels, and on the information of their own or of third parties that they want to share in said channels.
5.3. LINKS ON OTHER WEBSITES WITH A DESTINATION TO THE WEBSITE
Espresso Blue does not authorize the establishment of a link to the Website from those pages that contain illicit, illegal, degrading, obscene materials, information or content and, in general, that contravene the laws, morals or public order, or social norms generally accepted. Users or owners of other websites who intend to create a hypertext link (link) to the website must ensure and commit to respect the rules of Espresso Blue on links on the Internet.
In any case, users may establish links on their respective web pages that lead to the Website, as long as they comply with the following rules:
a) the link may not reproduce the content of the Website or parts of it in any way;
b) it is not allowed to create a browser or a border environment on the sections of the Website, nor may the Website be modified in any other way;
c) It is not allowed to make false or inaccurate or incorrect statements or indications on the Website and / or, in particular, declare or imply that Espresso Blue 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 where said link is established;
d) The web page 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 rights of third parties, including those Intellectual and industrial property rights and / or the right to honor, to personal or family privacy or to one's own image or any other right, or content contrary to the regulations governing the protection of personal data.
Espresso Blue does not have the power or the human or technical means to know, control or approve all the information, content, products or services provided by other web pages that have established links to the Website. Espresso Blue does not assume any type of responsibility for any aspect related to the web page that establishes that link to the Website, specifically, by way of example and not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.
Likewise, all offers, sales of products and services provided by third parties that you access through any of the Internet addresses of Espresso Blue or an Internet address shared with another provider, are subject to the applicable general regulations. Users in these General Conditions of Access and Use. In any case, Espresso Blue disclaims all responsibility in relation to the services provided by said third parties against any claims of any nature and claims that may be filed in relation to them.
6. RULES OF USE OF THE WEBSITE
It is not allowed and, therefore, its consequences will be the sole responsibility of the user, access or use of the Website for illegal or unauthorized purposes, with or without any purpose.
economical. In particular, and without the following list being absolute, it is prohibited:
a) Use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or in the computer of a third party;
b) Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
c) Use the Website to collect personal data from other users;
d) Using the Website illegally, against good faith, morals and public order;
e) Register through the Website with a false identity, impersonating third parties or using a profile or performing any other action that may confuse other users about the identity of the origin of a message;
f) Access without authorization to any section of the Website, to other systems or networks connected to the Website, to any Espresso Blue server, or to the services offered through the Website, by means of hacking or falsification, password extraction or any other illegitimate means;
g) Breaking, or attempting to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website;
h) Carry out any action that causes a disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of Espresso Blue, as well as in the systems and networks connected to the Website; or
i) Prevent the normal development of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or trying to alter, illegally or in any other way, access, participation or operation of those, or falsifying the result thereof and / or using fraudulent participation methods, through any procedure, and / or through any practice that violates or violates these Conditions of Use in any way.
Failure to comply with any of the above obligations by the user may entail the adoption by Espresso Blue of the appropriate measures covered by Law and in the exercise of their rights or obligations, which may lead to the elimination or blocking of the account of the offending user, Without the possibility of any compensation for damages caused.
In the event that the Website has areas through which users can participate, publish their own content and / or share content, owned or published by Espresso Blue. These areas may be owned by Espresso Blue and therefore dependent and controlled by it, or outside Espresso Blue, in the case of independent social networks outside of our organization, for which we cannot be held responsible, neither for the correct operation, nor for the conditions and policies established by those responsible, being the user himself who must consent and assume at all times the treatment that is carried out of the information published on said platforms.
In any case, we inform you that when the user participates in any of these areas, the rest of the users of the Website will be able to access and use all the content published by the user. Espresso Blue cannot control what use other people will make of this content and, therefore, Espresso Blue is not responsible for this. Espresso Blue recommends that you do not publish personal data or materials protected by intellectual and industrial property rights or any other rights.
In order for the Website to be a safe environment, and to protect our users, it is strictly forbidden to publish content:
a.1. That they can be considered as a violation in any way of the fundamental rights to honor, personal and family privacy or the image of third parties and, especially, of minors;
b.2. That include photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
c.3. That violate the secrecy of communications or that imply an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data;
d.4. Containing any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order;
e.5. Containing "spam" and / or links to sites unrelated to the corresponding space;
f.6. That include advertising or commercial communications, for the issuance of messages for advertising purposes or to collect data for the same purpose.
The user who breaches these prohibitions will be responsible for any claim that is produced as a consequence of it. Even if there is no claim from a third party, Espresso Blue reserves the right to prevent access to the Website or the possibility of participating in the spaces provided therein to users who breach these conditions.
Espresso Blue does not control the content posted by users on the Website and assumes no responsibility for these content. However, Espresso Blue reserves the right to monitor and / or moderate any content posted by users and, in the event that it violates these Terms of Use or the Espresso Blue Privacy Policy, it will have the right to edit or delete it. . Likewise, if you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set forth on the Website, please inform Espresso Blue immediately through the different means arranged for it.
7. RESPONSIBILITIES AND GUARANTEES
Espresso Blue 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, Espresso Blue does not guarantee and is not responsible for:
i. the continuity of the contents of the Website;
ii. the absence of errors in said content;
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 therein;
v. the lack of usefulness or performance of the contents of the Website;
saw. and the damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that Espresso Blue establishes on the Website or through the violation of the Website's security systems.
Espresso Blue declares that it has adopted all the necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to minimize system errors, both from a technical point of view and from the published content. on the website.
Espresso Blue does not guarantee the legality, reliability and usefulness of the content provided by third parties through the Website. If the user becomes aware of the existence of any illegal or illegal content, contrary to the law or that could imply an infringement of the rights of third parties, they must immediately notify Espresso Blue so that it can proceed to adopt the appropriate measures.
Espresso Blue will not be responsible for the veracity, integrity or updating of the information published on the Website from sources outside it, as well as for those contained in other platforms to which it is linked from the Website. Espresso Blue will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.
8. MAINTENANCE / SUSPENSION OF THE WEBSITE
Espresso Blue will endeavor to maintain continuous availability on the web. However, any test, control and maintenance operation modality will be freely chosen and carried out by Espresso Blue.
Espresso Blue reserves the full freedom to modify the transmission, monitoring or other technical means or services used to access or use the website.
Espresso Blue reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and / or downloading of the content and / or use of services on the Website, with or without prior notification. , to users who violate any of the provisions detailed in these Conditions of Use, without the possibility of the user to demand any compensation for this cause.
9. GENERAL
The headings of the different clauses are only informative, and will not affect, qualify or expand the interpretation of these Conditions of Use. Likewise, Espresso Blue may modify the terms and conditions stipulated herein, totally or partially, publishing any change in the same way. in which these Conditions of Use appear or through any type of communication directed to users.
The temporary validity of these Conditions of Use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the new updated Conditions of Use will come into force.
Regardless of the provisions of the particular conditions that may be established, Espresso Blue may terminate, suspend or interrupt, at any time and without prior notice, access to the Contents of the Website, with no possibility for the user to demand any compensation. After said termination, the prohibitions on the use of the contents set forth above in these Conditions of Use will remain in force.
Likewise, if the user breaches these Conditions of Use, Espresso Blue may suspend or cancel their profile automatically and without prior notice, and in no case would such suspension or cancellation entitle the user to any compensation. For these purposes, Espresso Blue informs that it may inform and collaborate in a timely manner with the competent police and judicial authorities if it detects any infringement of current legislation or if it suspects the commission of a crime.
The contracting of any product and / or payment service offered by Espresso Blue will be regulated by the general and / or particular conditions of each specific service provided for this purpose.
In the event of a discrepancy between the provisions of these Conditions of Use and the particular conditions of each specific service on the Website, the provisions of the latter shall prevail.
Given that any provision of these Conditions of Use was declared null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the remaining provisions of these Conditions of Use.
The non-exercise or execution by Espresso Blue of any right or provision contained in these Conditions of Use will not constitute a waiver thereof, unless acknowledgment and agreement in writing by you.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
Provided that the regulations in force for this purpose foresee the possibility for the parties to submit to a specific jurisdiction, for any litigation issue derived 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 Courts of Barcelona (unless submission to a different jurisdiction by legal imperative to the contrary), as well as, where appropriate, to the Arbitration Courts of consumption or similar to which we are adhered at the time of the dispute.
To file claims in the use of our services, you can go by mail to the electronic or physical address indicated in the "Identification" section, committing ourselves to seek an amicable solution to the conflict at all times.
Last update: October 1, 2020