PURPOSE

These General Conditions of Use, Privacy Policy and Sale (hereinafter, the “General Conditions”) regulate the use of the website www.theperfumeryBarcelona.com (hereinafter, the Website) that Perfume Rhetoric, S.L. uses. (hereinafter “The Perfumery“), makes available to persons accessing its Website in order to provide them with information about its own and/or third party collaborators’ products and services and to facilitate their access to them, as well as the contracting of services and goods through it (collectively “Services”).

The Perfumery, with registered office at Carrer de Sant Pere Mes Alt, 58 Barcelona (Spain), is a Spanish limited liability company which is the owner of this website and whose use is regulated by this document, with Tax Identification Number B67148544 and registered in the Barcelona Mercantile Register in Volume 46233 of the file, Folio 169, page B-513819, first entry. To contact The Perfumery, you can use the postal address above, as well as the e-mail address info@theperfumerybarcelona.com.
Due to the very nature of the Website, as well as its content and purpose, almost the entirety of the navigation that can be carried out by it must be done enjoying the status of Customer, which is acquired according to the procedures set out therein. Therefore, the aforementioned condition of Customer implies adherence to the General Conditions in the version published at the time of accessing the Website. The Perfumery reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. For this reason, The Perfumery recommends that the Customer read it carefully each time he or she accesses the Website.

In any case, there are pages of the Website accessible to the general public, in respect of which The Perfumery also wishes to comply with its legal obligations, as well as to regulate the use thereof. In this sense, users accessing these parts of the Website agree to be bound by the terms and conditions set out in these General Conditions, to the extent that this may be applicable to them.

Finally, due to the nature of this Website, it is possible that the contents of these General Conditions may be modified or changed. For this reason, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that the corresponding conditions in force at the time of access will apply.

ACCESS AND SECURITY

Access to the Services requires prior registration of the users, once they accept the General Conditions, they will be considered as Customers.

The Customer’s identifier will consist of the Customer’s e-mail address and a password. In order to access the Customer’s own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.

The use of the password is personal and non-transferable, and it may not be transferred, even temporarily, to third parties. In this regard, the Customer undertakes to use it diligently and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the Customer knows or suspects the use of his password by third parties, he must immediately modify it in the manner in which it is collected on the Website.

CORRECT USE OF THE SERVICES

The Customer undertakes to use the Services diligently, correctly and lawfully and, in particular, by way of illustration and not limitation, undertakes to refrain from:

• use the Services in a manner, for purposes or effects contrary to law, morality and generally accepted principles of morality or public order;
• reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the holder of the corresponding rights or it is legally permitted;
• perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to The Perfumery or third parties;
• use the Services and, in particular, information of any kind obtained through the Website to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a plurality of persons regardless of their purpose, as well as to market or disseminate such information in any way;

The Customer shall be liable for any damages of any kind that The Perfumery may suffer on the occasion of or as a consequence of the breach of any of the obligations set out above, as well as any other obligations included in these General Conditions and/or those imposed by law in relation to the use of the Website.

The Perfumery shall at all times ensure respect for the current legal system and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Customer from the Website in the event of alleged commission, complete or incomplete, of any of the offences or misdemeanours established by the current Penal Code, or in case of observing any conduct that in the opinion of The Perfumery is contrary to these General Conditions, the General Conditions of Contracting that operate for this Website, the Law, the rules established by The Perfumery or its collaborators or may disturb the proper functioning, image, credibility and/or prestige of The Perfumery or its collaborators.

PROPERTY RIGHTS

All the contents of the Web Site, such as texts, graphics, photographs, logos, icons, images, as well as the graphic design, source code and software, are the exclusive property of The Perfumery or of third parties, whose rights in this respect are legitimately held by The Perfumery, and are therefore protected by national and international legislation.

It is strictly forbidden to use all the elements subject to industrial and intellectual property for commercial purposes, as well as their distribution, modification, alteration or decompilation.

Violation of any of these rights may constitute a violation of these provisions, as well as an offence punishable under articles 270 et seq. of the Criminal Code.

Those Clients who send to the Website observations, opinions or comments via the e-mail service or by any other means, in those cases in which the nature of the Services makes this possible, are understood to authorize The Perfumery for the reproduction, distribution, public communication, transformation, and exercise of any other right of exploitation of such observations, opinions or comments, for as long as the protection of copyright is legally provided and without territorial limitation. It is also understood that this authorization is free of charge.

Any claims that may be made by the Clients in relation to possible breaches of intellectual or industrial property rights on any of the Services on this Website should be addressed to the following e-mail address: info@theperfumerybarcelona.com.

DISCLAIMER OF WARRANTIES AND LIABILITY

Notwithstanding the provisions of the General Terms and Conditions of Business relating to the procurement of goods contained in this Website, The Perfumery is not responsible for the truthfulness, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented “as is” and are accessible without warranty of any kind.

The Perfumery reserves the right to terminate access to the Website and the provision of any or all of the Services provided through the Website at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified reason.

Consequently, The Perfumery does not guarantee the reliability, availability or continuity of its Website or the Services, and Customer’s use of the Services is at its own risk, and The Perfumery shall not at any time be liable in this respect.

The Perfumery shall not be liable in the event of interruptions of the Services, delays, errors, malfunctions of the same and, in general, other inconveniences arising from causes beyond the control of The Perfumery, and/or due to wilful misconduct or negligence on the part of the Customer and/or arising from fortuitous circumstances or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these General Conditions, all events beyond the control of The Perfumery, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of public authorities, those resulting from natural phenomena, blackouts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that The Perfumery has adopted reasonable security measures in accordance with the state of the art. In any event, whatever its cause, The Perfumery shall not be liable for any direct or indirect damages, consequential damages and/or lost profits.

The Perfumery excludes any liability for damages of any kind that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as for the Services provided or offered by third parties or entities. The Perfumery will try as far as possible to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of veracity. Nevertheless, it will be exonerated of responsibility for its non-updating or rectification as well as for the contents and information poured into it. In this sense, The Perfumery has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by a competent judicial or administrative authority.

Similarly, The Perfumery excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the content that may cause alteration in computer systems as well as in documents or systems stored in them.

The Perfumery is not responsible for the use that the Customer makes of the Services of the Website or its passwords, or of any other material of the same, infringing the rights of intellectual or industrial property or any other right of third parties.

The Client undertakes to indemnify The Perfumery against any damages, losses, penalties, expenses (including, without limitation, lawyers’ fees) or civil, administrative or any other kind of liability that The Perfumery may suffer in connection with the non-fulfilment or partial or faulty compliance by The Perfumery with the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the LOPD and implementing regulations.

LINKS TO OTHER WEBSITES

The Perfumery does not guarantee or assume any responsibility for any damages or losses suffered by access to third party Services through connections, links or links of the linked sites or on the accuracy or reliability of the same. The purpose of the links that appear on The Perfumery is exclusively to inform the Customer about the existence of other sources of information on the Internet, where they can expand the Services offered by the Portal. The Perfumery shall in no event be liable for the results obtained through such links or for any consequences arising from access by Clients to such links. These Third Party Services are provided by third parties and The Perfumery cannot and does not control the lawfulness of the Services or their quality. Consequently, the Client must exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.

APPLICABLE LAW AND JURISDICTION

In the event of any interpretative or litigious questions that may arise, Spanish legislation will be applicable and in the event of a dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Barcelona, renouncing any other jurisdiction that may correspond to them.