1. INTRODUCTION AND DETAILS OF THE COMPANY
BAROKAH JEWELS is a brand of LADY GALA CORPORATION S.L. (hereinafter “We” or “BAROKAH” OR “BAROKAH JEWELS”), based at Felipe II Avenue, 2-2D, 28009, Madrid, with C.I.F. B88360581. BAROKAH is “Data Controller” and owner of the domain www.barokahjewels.com (hereinafter the “Website”).
www.barokahjewels.com is an online store that promotes and offers jewellery goods designed by BAROKAH. To contact BAROKAH directly, you can send us an email to email@example.com or use the means enabled at or website.
2. PURPOSES AND SCOPE OF APPLICATION
This Legal Notice regulates the access to and use of the contents offered by BAROKAH through this Website. BAROKAH reserves the right to modify the presentation, look and feel and content of the Website and services, as well as the conditions required for access to and/or use of it.
The 'User' shall be understood as the person who accesses, browses or views the contents housed on the Website and/or who provides personal data through the forms for that purpose on the Website. The access to certain contents and the use of certain services may be subject to “Specific Conditions”, which, depending on the case, shall replace, complement and/or modify this Legal Notice. In case of controversy, the “Specific Conditions” shall prevail over this Legal Notice. The mere browsing and use of this Website shall imply the express, unreserved acceptance by the User of all the terms of this Legal Notice.
Access to this Website is prohibited to anyone under the age of 14, unless they have the prior, express authorisation of their parents, guardians or legal representatives, who shall be considered responsible for any acts carried out by the minors in their charge, in accordance with current legislation. Under all circumstances, it shall be presumed that the access by a minor to the Website was made with the prior, express authorisation of his or her parents, guardians or legal representatives.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. Intellectual Property Rights.
BAROKAH is the owner of or has obtained the corresponding licences over the operating rights of intellectual and industrial property of this Website, as well as the intellectual and industrial property rights over the information, materials, contents, computer programs, the structure, selection, arrangement and presentation of its contents and services available through these.
4.2. Trademarks and Industrial Property Rights.
The references to commercial registered names and brands, logos or other distinctive signs, whether they are property of BAROKAH or of third parties, shall implicitly imply the prohibition of their use without the consent of BAROKAH or their legitimate owners. At no time, unless expressly stated, shall the access to and use of the Website and/or its contents and/or services grant the User any right whatsoever over the brands, logos and/or distinctive signs included on it and protected by Law.
5. COMMUNICATIONS LICENCE
The User declares, guarantees and accepts that any information provided by him does not infringe any intellectual property right, brand, patent, commercial secret or any other right of any third party. The user accepts all responsibility and shall ensure that BAROKAH incurs no liability for any communication provided under his name. This responsibility extends to the accuracy, legality, originality and ownership of such communication.
6. RESPONSIBILITIES AND GUARANTEES
BAROKAH cannot guarantee the reliability, utility or veracity of the services or the information provided through the Website.
Consequently, BAROKAH does not guarantee and does not accept any responsibility for: (i) the continuity of the contents of the website; (ii) the absence of errors in those contents or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server which provides it; (iv) the impregnability of the security measures adopted on this website; (v) the lack of efficacy or utility of the contents and products of the website; (vi) any damage or prejudicial consequences which may be caused by any person who infringes the conditions, policies and instructions established by BAROKAH in this Website.
Notwithstanding, BAROKAH has adopted all the necessary means, within its possibilities and the state of technology, to guarantee the functioning of the website and to avoid the existence and transmission of viruses and other harmful components to the Users.
If the User is aware of the existence of any illicit or illegal content, which is contrary to law or which could represent an infringement to any property rights, must immediately notify BAROKAH so We may adopt the appropriate measures and remedies.
7.1. Links to other Websites
If the Website contains links to other Websites by means of different buttons, URLs, banners, etc., third parties will manage those Websites. BAROKAH does not have control over the information, contents, products or services provided by other third parties in their websites.
BAROKAH does not accept any responsibility whatsoever for any aspect related to third-party websites including their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents in general.
If the User acknowledges any illicit nature or activities carried out through these third-party websites must inform BAROKAH immediately. The placement of any link from this Website shall not imply any kind of relation, collaboration or dependency between BAROKAH and the owner of external Website.
7.2. Links to BAROKAH's profiles on platforms and social networks
BAROKAH places links to its website using different tools, APIs or any other technical linking devices that enable to access the profile pages of BAROKAH on different platforms and social networks managed by third parties. The purpose of the links is simply to facilitate access to BAROKAH's pages on the different platforms and social networks.
The use of these applications does not imply the existence of any relation whatsoever between BAROKAH and the owner of the linked platform, nor the acceptance and approval by BAROKAH of its contents and/or services, for which the owner shall have sole responsibility.
Due to the fact that BAROKAH does not have any control whatsoever over the content displayed is such channels, the User acknowledges and accepts that BAROKAH takes no responsibility whatsoever for the content, services advertising or any other material available on them.
7.3. Links to the Website from other Websites
BAROKAH does not authorise the establishment of a link to the Website from any other Website that contains illicit, illegal, degrading or obscene materials, information or contents, or, in general, which contravenes morality, public order or generally accepted social standards.
7.4. Services provided by third parties through the Website
BAROKAH does not guarantee the legality, reliability and utility of the services or contents provided by third parties through this website or in regard of which BAROKAH acts only as an advertising channel.
BAROKAH shall not be responsible for any damage or prejudicial consequences, of whatever nature, caused by the services provided and the contents of third parties that may be advertised on the Website, and, in particular, though not limited to, those caused by:
· Failure to respect the law, morality or the public order.
· The incorporation of viruses or any other computer code, file or program which could damage, interrupt or impede the normal functioning of any software, hardware or telecommunications equipment.
· The infringement of Intellectual and Industrial Property rights or contractual commitments of whatever kind.
· The performance of acts which constitute false, illicit or misleading advertising and, in general, which constitute unfair competition.
· The lack of veracity, accuracy, quality, relevance and/or currency of the Contents transmitted, disseminated, stored, received, obtained, made available or accessible.
· The violation of the rights of honour, personal and family privacy and of the image of people or, in general, any other rights of third parties.
· The inadequacy for any purpose and the failure to meet expectations generated, or any deficiencies and defects that may be generated in the relation with third parties.
· The non-fulfilment, delay in the fulfilment, defective fulfilment or termination for whatever reason of the obligations assumed by third parties and contracts entered into with third parties.
· The communication of data between Users.
BAROKAH does not have the power nor the human or technical means to know, control or approve all the information, contents, products or services provided by other Websites that contain links to the Website. BAROKAH does not accept any responsibility whatsoever for any aspect related to any Websites which establish links to the Website, in particular, though not limited to, their functioning, access, data, information, files, quality and reliability of their products and services, their own links and/or any of their contents in general.
9. SUSPENSION OF THE SERVICE
BAROKAH reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, the access, browsing, use, housing and/or downloading of contents and/or the use of Services of the Website or any of said activities, with or without prior notice, if it contravenes any of the terms set forth in this Legal Notice, and the User may not demand any compensation whatsoever for this reason.
11. UPDATES AND MODIFICATIONS.
BAROKAH may modify the legal notices, policies or terms and conditions included in this website by (i) publishing directly any change in the same documents; or (ii) sending a communication informing the users about these changes.
12. GENERAL CONSIDERATIONS
If any provision or provisions of this Legal Notice is/are considered null and void, in full or in part, by any Court or competent administrative body, that nullity shall not affect the other provisions of the Legal Notice.
The failure by BAROKAH to exercise or enforce any right or provision contained in this Legal Notice shall not be construed as the renunciation of that right or provision, save written acknowledgement by BAROKAH to that effect.
The relations between BAROKAH and the user shall be governed by Spanish Laws. BAROKAH and the User, expressly renouncing any other jurisdiction that may correspond to them, shall refer any dispute and/or litigation to the Courts of the city of Madrid.
© 2019 BAROKAH JEWELS. ALL RIGHTS RESERVED.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.