Terms and Conditions
- General terms and conditions of Website use
The term Website or Site includes but is not necessarily limited to the data, texts, graphics, images, animations, music creations, videos, sounds, drawings, photographs and others contained therein and, in general, all the creations expressed via any media or means, tangible or intangible, irrespective of whether they are protected by copyright according to the Revised Text of the Spanish Copyright Act
Access to the Site implies that Users (as they are defined below) acquire a series of rights and obligations in order to guarantee the adequate enjoyment of the general and particular services and content found therein and placed at Users' disposal by ARRELS BARCELONA.
Users (as they are defined below) are aware that access to and use of the Site's services and content are carried out under their sole and exclusive responsibility.
The condition of “User” is acquired by accessing the Website. Users shall use the services and content exclusively for their own particular purpose and/or due to the legal relation linking them to ARRELS BARCELONA, excluding any kind of subsequent use thereof for profit or any kind of benefit, direct or indirect.
Users must establish appropriate technical security measures to avoid unwanted actions in their information system, computer files or equipment employed to access the internet and particularly the Website, being aware that the internet is not totally secure.
- Object of the Website
Through this Website, Users may enjoy using a range of content and services offered by ARRELS BARCELONA under the terms and conditions determined in each case.
In general, the services and content offered through the Website will be available in Spanish and English, notwithstanding the possibility, reserved by ARRELS BARCELONA, of offering these in the rest of the official languages of Spain, as well as in another language.
The cost of telephone access or any other kind of connection cost to access the Website will be met exclusively by the User.
- User’s rights and obligations
- Use the services and content available exclusively for their private use;
- Download a single copy of the Website to view offline for personal but not commercial purposes;
- Use the site correct and lawfully, in accordance with current legislation, morals, good custom and public order.
In no event Users may:
- Access or use the Site's services or content to commit unlawful acts or actions against current legislation, morals, good custom or public order, in order to injure the rights or freedoms of third parties or actions that may harm, injure or impede, in any way, access thereto, injuring ARRELS BARCELONA or third parties.
- Use the services, totally or partially, to promote, sell, hire or disseminate advertising or information on themselves or third parties without prior authorisation in writing from ARRELS BARCELONA.
- Introduce information onto the Website or use the services existing therein in order to violate, directly or indirectly, the rights and most particularly the fundamental public rights and freedoms of other Website Users or of ARRELS BARCELONA; incite or promote the performance of unlawful, xenophobic, terrorist or degrading acts for reasons of age, gender, religion or beliefs; or of a pornographic, obscene or violent nature or contravening the law, morals or good custom. To this end, information shall be understood as, including but not necessarily limited to: texts, graphics, images, videos, sounds, drawings, photographs, data, notes and other.
- Include hyperlinks on their private or commercial websites to this Website that are not limited solely and exclusively to accessing the home page thereof.
- Carry out any action that impedes or hinders access to the Website by Users, as well as hyperlinks to the services and content offered by ARRELS BARCELONA or by third parties through the Website.
- Employ any kind of computer virus, code, software, program, computer or telecommunications equipment that may cause damage or unauthorised alterations to the content, programs or systems accessible via the services and content provided on the Website or on the information systems or computer files and equipment of the Users thereof; or unauthorised access to any of the Website's content and/or services.
- Eliminate or modify in any way the systems used to protect or identify ARRELS BARCELONA or its legitimate owners that may be contained by the content hosted on the Website or the symbols included by ARRELS BARCELONA or legitimate third party copyright holders in their creations that are protected by copyright and are on this Website.
- Include, in websites they are responsible for or own, metatags corresponding to brands, trade names or distinctive signs owned by ARRELS BARCELONA.
- Reproduce, totally or partially, this Website on another different website; they may not make frames on this Site or websites accessible via this Site that hide or modify such items as follows although not necessarily limited to these: content, advertising spaces and brands of ARRELS BARCELONA or of third parties, irrespective of whether these are considered to be acts of unfair competition or confusion.
- Create frames within a website they are responsible for or own that reproduce the home page and/or pages accessible via the home page corresponding to this Website without the prior authorisation of ARRELS BARCELONA.
- Include a hyperlink on a website they are responsible for or own that generates a window or browser session employed by a user of their website which includes brands, trade names or distinctive signs they own and through which the website home page is shown or the accessible pages of this Website.
- Use the brand, trade names or any other identifying signs of this Website that are protected by copyright without the express prior authorisation in writing from the owner.
- ARRELS BARCELONA's rights and obligations
ARRELS BARCELONA reserves the right to:
- Establish the particular conditions and, if applicable, the requirement of a price or other requirements to access certain services and/or content;
- Limit, exclude or condition User access when the correct use of the Site by Users is not fully guaranteed in accordance with the obligations and prohibitions assumed by them;
- Modify, remove or update all or part of the content or services provided by the Site without the need for prior warning, notwithstanding that established in the particular conditions governing the use of a certain service and/or content aimed at the website users;
- Undertake any legal or judicial action that may be expedient to protect the rights of ARRELS BARCELONA or third parties that provide their services or content through the Site, provided this is appropriate;
- Require the compensation that may result from the undue or unlawful use of all or part of the services or content provided through the website.
- Right to terminate
The User has the right to terminate this contract within 14 days without cause.
The termination period will expire after 14 days from the day on which the User acquires, or a third party other than the carrier and indicated by the User acquires, physical possession of the goods.
To exercise the right to terminate, the User must inform ARRELS BARCELONA of his decision to terminate this contract by a clear statement (e.g. a letter sent by post, or e-mail). To meet the termination deadline, it is sufficient for the User to send a written communication concerning his exercise of the right to terminate before the cancellation period has expired.
- Portaferrissa 7, 1-5
08002 Barcelona, Spain
Effects of cancellation:
If the User terminates this contract, ARRELS BARCELONA will reimburse the User with all payments received from the User regarding the transaction that is willing to terminate, including the costs of delivery (except for the supplementary costs arising if the User choses a type of delivery other than the least expensive type of standard delivery offered by ARRELS BARCELONA). ARRELS BARCELONA may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the User. ARRELS BARCELONA will make the reimbursement without undue delay, and not later than – (a) 14 days after the day ARRELS BARCELONA receive back from the User any goods supplied, or (b) (if earlier) 14 days after the day the User provides evidence that he has returned the goods, or (c) if there were no goods supplied, 14 days after the day on which ARRELS BARCELONA is informed about User’s decision to terminate this contract. ARRELS BARCELONA will make the reimbursement using the same means of payment as the User used for the initial transaction, unless the User has expressly agreed otherwise; in any event, the User will not incur any fees as a result of the reimbursement.
ARRELS BARCELONA may withhold reimbursement until has received the goods back or the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods or hand them over to ARRELS BARCELONA without undue delay and in any event not later than 14 days from the day on which the User communicates his decision to terminate this contract. The deadline is met if the User sends back the goods before the period of 14 days has expired.
The User will have to bear the direct cost of returning the goods.
The User is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- ARRELS BARCELONA’s exemption and limitation of liability
ARRELS BARCELONA is exempt from any kind of liability for injury or damage of any kind in the following cases:
- Due to impossibility or difficulty in connecting to the communications network through which this Website is accessible, irrespective of the kind of connection used by Users.
- Due to the interruption, suspension or cancellation of access to the Website, as well as due to the availability or continued functioning of the Site or the services and/or content contained therein, when this is due (i) either to an interruption in the service through the technical maintenance of the Website, (ii) or to a cause beyond the control of ARRELS BARCELONA, whether or not it comes directly from the latter.
ARRELS BARCELONA does not assume any liability for the services or content or for the availability or conditions, technical or otherwise, of access thereto that may be offered by third party service providers, particularly regarding the providers of information society services. By providers of information society services, those natural or legal persons shall be understood that provide the following services to the public: (i) transmission, via a communication network, of data provided by the recipient of the service (ii) services of access to this network (iii) data storage or hosting services (iv) provision of content or information (v) service for temporarily copying data requested by Users (vi) provision of links to content or search engines.
At no time does ARRELS BARCELONA assume liability for any injury or damage that may be caused by:
- information, content, products or services that are, by way of example and in no way limited to the following,: provided, communicated, hosted, transmitted, displayed or offered by third parties unrelated to ARRELS BARCELONA, including providers of information society services, through a website that may be accessed by means of a link on this Site.
- The processing and subsequent use of personal data carried out by third parties unrelated to ARRELS BARCELONA, as well as the relevance of the information requested by them.
- The quality and speed of access to the Site and of the technical conditions that must be met by Users in order to be able to access the Site and its services and/or content.
ARRELS BARCELONA shall not be liable for any delay or fault occurring in the access and/or functioning of the services and/or content of the Website due to a case of Force Majeure. For these purposes, "Force Majeure" shall mean all those causes that could not have been foreseen or that, although foreseen, were inevitable and that result in the non-compliance of any of its obligations. Among these, but not limited to them, are strikes, both by its own workers or workers for other organisations, uprisings or revolts, as well as rules dictated by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning strikes or fires, wars, lockouts or any other situation of force majeure.
Users know that the content and services offered through the site, including texts, graphics, images, animations, music creations, videos, sounds, drawings, photographs, all comments, displays and html code thereof, without being limited to this list, are protected by copyright laws.
The authorship and economic exploitation rights for this Site correspond to ARRELS BARCELONA and/or third-party organisations.
The brands, trade names or distinctive signs that appear on the Website are owned by ARRELS BARCELONA or, if applicable, by third-party organisations and are protected by current copyright legislation.
The provision of services and publication of content via the Site shall not imply, in any case, the assignment, waiving or transmission, totally or partially, of ownership of the corresponding copyright by ARRELS BARCELONA and/or its legitimate third-party holders.
Should any wrongful or negligent action or omission, directly or indirectly attributable to the User of the Website that originates the violation of the copyright of ARRELS BARCELONA or of third parties, whether or not there is any benefit for this User, lead, for ARRELS BARCELONA, to damage, injury, joint and several obligations, expenses of any nature, penalties, coercive measures, fines or other amounts arising or resulting from any complaint, hearing, legal action, suit or proceedings, either civil, penal or administrative, then ARRELS BARCELONA shall be entitled to bring action against the User by all legal means within its reach and to claim any compensation, including but not limited to moral injury and injury to image, consequential damage or loss of profit, advertising costs or any other kind that may result for its reparation, the costs of penalties or convictions, interest due to delay, the cost of financing all the amounts regarding which ARRELS BARCELONA may be the injured party, judicial costs and costs for defence in any proceeding for which ARRELS BARCELONA may be taken to court for the causes previously mentioned, for the damage and injury caused as a result of the User's action or omission, notwithstanding the carrying out of any other actions legally available to ARRELS BARCELONA.
The use of hyperlinks to this Website shall only be authorised by ARRELS BARCELONA in writing and provided the hyperlink is carried out under the following terms provided in these conditions:
- The link must only be to the home page of this Website.
- In order to avoid confusion on the part of Website Users, no page belonging to this Website may be loaded onto one of the sections of another website divided into frames, so that it distorts the presentation of this website and confuses internet users ("framing").
- Authorisation to insert a link does not imply, in any case, consent to reproduce the look and feel of this Website.
- It is also explicitly prohibited to create an environment or browser bar on the pages that go to make up this Site without prior authorisation.
- Appearance of the link: the hyperlink can only consist of text. To use graphics or logos, a licence to use ARRELS BARCELONA 's graphics or logos must be obtained previously. In any case, the text must clearly express that it links to this Website. In general, the appearance, visual effect, location and, in general, the characteristics of the hyperlink must make it clear that this leads to the ARRELS BARCELONA Website and that this is independent and is not connected by any relation, via collaboration, association, sponsorship, employment or of any other kind, to the website containing the hyperlink.
In particular, authorisation to insert a hyperlink to this Website shall be conditioned by respect for human dignity and freedom. The Website on which the hyperlink is established shall not contain unlawful information or content or any that contravenes morals, good custom or public order, and neither shall it have content that contravenes any rights of third parties.
- Lastly, it is prohibited to insert hyperlinks to this Website on websites with content, references or orientation that is contrary to or incompatible with those that inspire ARRELS BARCELONA.
- Data protection
ARRELS BARCELONA guarantees the confidentiality of the personal data provided by Users and its processing in accordance with current legislation on data projection: Spanish Organic Act 15/1999, of 13 December, on the Protection of Personal data (LOPD) and Royal Decree 1720/2007, of 21 December, approving the Regulations implementing the LOPD (RDLOPD). The personal data gathered through the Website will be included in one or more processes or files for which ARRELS BARCELONA is responsible. To this end, ARRELS BARCELONA shall provide Users, prior to them providing their personal data, with information on the content of the processing in accordance to article 5 of the LOPD, notwithstanding Users being able to access the Privacy and Data Protection Policy. The aforementioned information shall allow Users to grant their informed consent, specific and unequivocal, so that ARRELS BARCELONA may process their personal data.
- Full agreement
- Nullity and voidability
The Parties expressly renounce their own jurisdiction and, in order to resolve any legal issues that may arise, they submit themselves to the Courts and Tribunals of the city of Barcelona.