Legal notice

 

1. Definitions

For the purposes of this legal notice, the following definitions are established:

Website or babbaki.com: 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 consults the content published in the public area of the Website.
Content: Photographs, videos, and information relating to babbaki and the products it promotes through the Website, as well as the opinions and information published by babbaki on the Blog.
Private Area: Pages on the Website whose access is restricted to Users. Through this Area, the User can place orders and manage their orders.

2. Owner of babbaki.amwp.es

Batik & Co S.C.P., Tax ID: J04975918, with registered address at c/ Alt de Gironella 12, 08017 Barcelona, email: hola@babbaki.com.

3. Purpose

Through the Website babbaki.amwp.es, information is provided about the products it sells, the location of its stores, and news and trends in the fashion world through a Blog.

During the process of placing a first order, the User may choose to proceed as a guest or to register for easier future purchases. In both cases, an account and password must be created. Through the account—if the user is registered—access is provided to the Private Area, where they can manage their personal data, orders, returns, and credit notes, and configure and manage their gift lists.

Access to the Private Area and placing an order are subject to Terms and Conditions of Use and Purchase, which Users must read and accept.

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 laws on Intellectual Property.

Under no circumstances does access to the Website imply any kind of waiver, transfer, or total or partial assignment of the rights granted by Spanish and international Intellectual Property laws. Therefore, reproduction (except for temporary downloading from the website to the user's hard drive or proxy servers), copying, use, distribution, reuse, exploitation, second copies, sending by mail, transmission, modification, assignment, or any other act carried out with all or part of the information contained in the Website without express authorization from the holder of the exploitation rights is prohibited.

Batik & Co S.C.P., Tax ID: J04975918, is the holder of the intellectual property rights or holds the necessary licenses for all elements that make up the Website for its use and exploitation through it.

Regarding the Content published on the Blog, babbaki grants Visitors a license that allows them to use and share it under the following conditions:

• Any use of the Content must credit the author

• The Content may not be used for commercial purposes

• The Content may not be transformed to create derivative works

Regarding comments published by a User on the Blog that may be considered literary creations, the User guarantees that they are the author, and therefore hold all exploitation rights. The User grants babbaki a non-exclusive, perpetual, worldwide, and non-transferable license to publish and distribute these comments on the Blog.

5. Industrial Property Rights

The trademarks and logos appearing on the Website are protected by Spanish and international industrial property laws.

The logos identifying babbaki are the property of babbaki. Merely publishing them on the Website does not imply that babbaki authorizes Users or Visitors to use them beyond what is necessary to view the Website content.

Distinctive signs belonging to third parties, as well as their products (clothing and accessories), are the property of their respective owners, and babbaki does not grant any license to Users or Visitors, who may use them only to view the Website content.

6. Data Protection

Please read the published Privacy Policy and Cookie Policy.

7. Liability and Obligations

A. Liability regarding Content

Information on products sold through the Website is provided “as is” and without express or implied warranties, except those legally established.

Babbaki has taken measures to ensure that Content on the Website is carefully prepared and does not contain incorrect or outdated information at the time of its publication (and, as far as possible, afterward).

Babbaki disclaims liability arising from misuse of the Content and declines any responsibility for damages that the use of the Content may cause to the User or Visitor.

Babbaki does not guarantee that Content published on the Blog is updated or that it has not been altered after publication.

Babbaki reserves the right to update, delete, limit, or block access to Content, temporarily or permanently. None of these changes entitles the User or Visitor to compensation or implies acknowledgment of liability by Babbaki.

B. Liability regarding User comments

Babbaki assumes no responsibility for comments made by Users on the Blog. Their publication does not imply that Babbaki shares or endorses them.

Babbaki will delete comments deemed illegal, harmful to the rights or property of third parties, or contrary to the following principles:

a) Safeguarding public order, criminal investigation, public security, and national defense.
b) Protection of public health or of legal or natural persons who are consumers or users.
c) Respect for human dignity and the principle of non-discrimination based on race, sex, religion, opinion, nationality, disability, or any other personal or social circumstance.
d) Protection of youth and children.
e) Protection of intellectual property rights.
f) Absence of pornographic content.

Users or Visitors may notify Babbaki if they believe a comment violates the above by emailing hola@babbaki.com so that it may be removed if appropriate.

C. Liability regarding linked content

Publishing links to websites of other individuals, organizations, or companies does not imply any control by Babbaki over their content. Should the User detect illegal or harmful content, or content contrary to the principles listed in Section B, they may notify Babbaki at hola@babbaki.com to remove the link or take appropriate action.

Regarding links to Babbaki’s social media profiles, use of accessible content is subject to the social network’s terms and conditions and those published by Babbaki on those profiles.

Some links to third-party websites may have been included by the author of a comment. Babbaki assumes no responsibility for the content of such sites. Users or Visitors may notify Babbaki of unlawful or harmful content so the comment containing the link may be removed.

D. Technical Liability

Although Babbaki strives to ensure continuous access to the Website, the dynamic nature of the Internet and of its content may cause interruptions due to required updates. Therefore, Babbaki cannot guarantee continuous operation, constant availability, absence of errors, or proper functioning of the Website because of Internet-related issues. Users may report issues by emailing hola@babbaki.com with the subject “WEBSITE ISSUES.”

Babbaki is not responsible for direct or indirect damages, including damages to computer systems or virus infections, arising from Internet browsing necessary to visit and use the Website. Babbaki declines liability for damages resulting from denial-of-service attacks, viruses, or harmful technological material that may affect User equipment, data, or materials due to the use of the Website or downloading of content from it.

E. User and Visitor Obligations

Users and Visitors will be liable for damages to Babbaki resulting from non-compliance with obligations in this Legal Notice.

Users and Visitors are fully responsible for their conduct when accessing, browsing, and using the Website. They are solely responsible for the consequences arising from:

• Use of the Content for illegal purposes or in violation of this Legal Notice

• Use of the Website that harms third-party rights or interests

• Use of the Website that damages or impairs its functioning or prevents normal use by others

Users and Visitors must not misuse the Website by intentionally introducing viruses, trojans, worms, logic bombs, or harmful technological material. They must not attempt to gain unauthorized access to the Website, its server, or related systems. They must not attack the Website via denial-of-service or distributed denial-of-service attacks.

Violations may constitute offenses under applicable law. Babbaki will report any such breaches to authorities and cooperate to identify offenders.

Users and Visitors agree to follow Babbaki’s recommendations regarding Website use, especially regarding the Blog.

8. Linking Policy

Babbaki authorizes third parties to create links to the Website.

9. Duration and Modification

Babbaki reserves the right to modify this Legal Notice due to legislative changes, jurisprudence, or business practices.

The validity of this Legal Notice coincides with the period it is displayed until it is modified wholly or partially.

Babbaki may terminate, suspend, or interrupt operation of the Website without Users being entitled to compensation.

10. Applicable Law and Jurisdiction

This Legal Notice is governed by Spanish law.

Users, Visitors, and Babbaki, expressly waiving their own jurisdiction where applicable law allows, submit any disputes arising from this Legal Notice to the courts of Barcelona.

11. Language

This Legal Notice is drafted in English and Spanish. The Spanish version is the authentic one.

12. Record of Legal Notice Versions

Babbaki will keep a record of all versions of the Legal Notices.

13. Information Notice pursuant to 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 21 May 2013 on online dispute resolution for consumer disputes, and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, MARIONA informs you that the Commission has developed an online dispute resolution platform, accessible through the following link: http://ec.europa.eu/consumers/odr/.

Last modification: February 10, 2020