LEGAL NOTICE AND GENERAL CONDITIONS OF USE
I. GENERAL INFORMATION
In compliance with the duty of information provided in Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11, the following general information data of this website are provided below:
The ownership of this website, www.opiumbarcelona.com, (hereinafter, Website) is held by: OPIUM MAR, S.L, provided with NIF: B61135265 and registered in: the Mercantile Registry of Barcelona with the following registration data: Volume 29289, Folio 12, Page B 155643, whose representative is: OPIUM MAR, S.L, and whose contact details are:
Address: Passeig MarÃtim de la Barceloneta, 34, 08003 Barcelona, Spain
Contact telephone: 934 14 63 62
Contact email: info@opiumbarcelona.com
II. GENERAL TERMS AND CONDITIONS OF USE
The object of the conditions: The Website
The object of these General Conditions of Use (hereinafter, Conditions) is to regulate access to and use of the Website. For the purposes of these Conditions, the Website shall be understood as: the external appearance of the screen interfaces, both statically and dynamically, i.e., the navigation tree; and all the elements integrated both in the screen interfaces and in the navigation tree (hereinafter, Contents) and all those online services or resources that it may offer to Users (hereinafter, Services).
Opium Barcelona reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time Opium Barcelona may interrupt, deactivate and/or cancel any of these elements integrated into the Website or access to them.
Access to the Website by the User is free and, as a general rule, is free of charge without the User having to provide a consideration to enjoy it, except in relation to the cost of connection through the telecommunications network supplied by the access provider contracted by the User.
The use of some of the Contents or Services of the Website may be subject to the prior subscription or registration of the User.
The User
Access, navigation, and use of the Website confers the status of User, whereby all the Conditions established herein, as well as their subsequent modifications, are accepted from the start of navigation on the Website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the above, the User is recommended to read them each time they visit the Website.
The Opium Barcelona Website provides a wide range of information, services, and data. The User assumes responsibility for correct use of the Website. This responsibility shall extend to:
- A use of the information, Contents and/or Services and data offered by Opium Barcelona without being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the very operation of the Website.
- The truthfulness and lawfulness of the information provided by the User in the forms extended by Opium Barcelona for access to certain Contents or Services offered by the Website. In any case, the User shall immediately notify Opium Barcelona of any fact that allows the improper use of the information registered in said forms, such as, but not limited to, theft, loss, or unauthorized access to identifiers and/or passwords, in order to proceed to their immediate cancellation.
Mere access to this Website does not imply any type of commercial relationship between Opium Barcelona and the User.
The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this Opium Barcelona Website is not directed at minors. Opium Barcelona declines any responsibility for failure to comply with this requirement.
The Website is primarily directed at Users residing in Spain. Opium Barcelona does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled elsewhere and decides to access and/or browse the Website, they will do so under their own responsibility; they must ensure that such access and browsing complies with the local legislation applicable to them, with Opium Barcelona assuming no responsibility whatsoever that may derive from said access.
III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY
Opium Barcelona does not guarantee the continuity, availability, and usefulness of the Website, nor of the Contents or Services. Opium Barcelona will do everything possible for the proper functioning of the Website; however, it is not responsible for and does not guarantee that access to this Website will be uninterrupted or error-free.
Neither is it responsible for or guarantees that the content or software that can be accessed through this Website is free of error or causes damage to the User’s computer system (software and hardware). In no event shall Opium Barcelona be liable for losses, damages, or harms of any kind arising from access, browsing, and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.
Opium Barcelona is also not responsible for any damage that may be caused to users by improper use of this Website. In particular, it is not responsible in any way for any breakdowns, interruptions, lack, or defect in telecommunications that may occur.
IV. LINKS POLICY
It is reported that the Opium Barcelona Website makes or may make available to Users means of linking (such as, among others, links, banners, buttons), directories, and search engines that allow Users to access websites belonging to and/or managed by third parties.
The installation of these links, directories, and search engines on the Website is intended to facilitate Users’ search for and access to information available on the Internet, without it being considered a suggestion, recommendation, or invitation to visit them.
Opium Barcelona does not offer or commercialize, by itself or through third parties, the products and/or services available on such linked sites.
Likewise, it will not guarantee the technical availability, accuracy, truthfulness, validity, or legality of sites outside its property that can be accessed through the links.
Opium Barcelona will in no case review or control the content of other websites, nor does it approve, examine, or endorse the products and services, contents, files, and any other material existing on said linked sites.
Opium Barcelona assumes no responsibility for damages that may arise from the access, use, quality, or legality of the contents, communications, opinions, products, and services of websites not managed by Opium Barcelona and which are linked on this Website.
The User or third party who makes a hyperlink from a web page of another, different, website to the Opium Barcelona Website should know that:
The reproduction —totally or partially— of any of the Contents and/or Services of the Website is not allowed without express authorization from Opium Barcelona.
No false, inaccurate, or incorrect statement about the Opium Barcelona Website, nor about its Contents and/or Services, is permitted.
With the exception of the hyperlink, the website on which said link is established shall not contain any element of this Website protected as intellectual property by the Spanish legal system, unless express authorization is granted by Opium Barcelona.
The establishment of the hyperlink shall not imply the existence of relations between Opium Barcelona and the owner of the website from which it is made, nor the knowledge and acceptance by Opium Barcelona of the contents, services and/or activities offered on said website, and vice versa.
V. INTELLECTUAL AND INDUSTRIAL PROPERTY
Opium Barcelona, by itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive: images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, with both Spanish and Community regulations in this field being applicable, as well as international treaties related to the matter and signed by Spain.
All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication, including the method of making them available, of all or part of the contents of this website for commercial purposes, in any support and by any technical means, without the authorization of Opium Barcelona, are expressly prohibited.
The User undertakes to respect the intellectual and industrial property rights of Opium Barcelona. They may view the elements of the Website or even print, copy, and store them on the hard drive of their computer or any other physical support as long as it is, exclusively, for their personal use. The User, however, may not delete, alter, or manipulate any protection device or security system installed on the Website.
In the event that the User or a third party considers that any of the Contents of the Website constitutes a violation of intellectual property protection rights, they must immediately notify Opium Barcelona through the contact details in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.
VI. LEGAL ACTIONS, APPLICABLE LEGISLATION AND JURISDICTION
Opium Barcelona reserves the right to file civil or criminal actions it deems necessary for the improper use of the Website and Contents, or for breach of these Conditions.
The relationship between the User and Opium Barcelona shall be governed by current regulations applicable in the Spanish territory. Should any controversy arise in relation to the interpretation and/or application of these Conditions, the parties shall submit their conflicts to the ordinary jurisdiction, submitting themselves to the corresponding judges and courts according to law.