Legal notice, terms and conditions

1.- IDENTIFICATION DATA

This Website, whose owner is:
BARBERÁ SNACKS S.L.

Phone +34 96 242 80 50
CIF/NIF: B96366596
Postal address: Pol. Ind. Cotes, C/Aiguaders 7 46680 Algemesí (Valencia) Spain
Email: barberasnacks@barberasnacks.com
Website: www.barberasnacks.com

From now on we will refer to the owner “Barberá Snacks”.

2.- USERS

The use of this Website attributes the status of USER to whoever does so and implies acceptance of all the conditions included in this Legal Notice.
Some aspects of this Website, due to their speciality, may be subject to particular conditions or rules that may replace, complete or modify this Legal Notice, so they must also be accepted by the user who uses or accesses them.
The USER declares under his/her responsibility to be over 14 years of age and to have sufficient capacity for the contracting or processing of the data in question, so Barberá Snacks is not responsible for non-compliance with this requirement.

3.- WEBSITE USE

The User undertakes to use the Website, the contents and services in accordance with the Law, this Legal Notice, good customs and public order.
In the same way, the User undertakes not to use the Website or the services provided through it for illicit purposes or effects or effects that are contrary to the content of this Legal Notice, harmful to the interests or rights of third parties, or that in any way may damage, render useless or deteriorate the Website or its services, or prevent the normal enjoyment of the Website by other Users.
Likewise, the User expressly undertakes not to destroy, alter, render useless or, in any other way, damage the data, programs or electronic documents and others found on this Website.
The User undertakes not to hinder the access of other users to the access service through the massive consumption of the computer resources through which Barberá Snacks provides the service, as well as not to carry out actions that damage, interrupt or generate errors in said systems.
The User undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any type of alteration in the computer systems of flowpiano or third parties.

4.- DATA PROTECTION

Personal data will be treated confidentially and will be incorporated into the corresponding processing activity owned by Barberá Snacks, with CIF B96366596, postal address: Pol. Ind. Cotes, C/Aiguaders 7 46680 Algemesí (Valencia) Spain, in order to inform and manage the activities, services and products that we have offered you and those requested and contracted, as well as to inform of the news, news and updates that occur in them, not being used for other purposes. We will keep the data provided for the time necessary to comply with the requested purpose and as long as the interest in the services offered and provided is maintained, and do not inform us of their deletion; or for the years necessary to comply with legal obligations. We will communicate your data to our data processors to comply with what you have requested, but in no case will we transfer them to third parties, except in cases where there is an obligation to do so. You can exercise your rights of access, rectification, deletion and portability of your data, limitation and opposition to its processing, as well as not to be subject to decisions based solely on the automated processing of your data, or on profiling, at the following address admon@barberasnacks.com Additional and detailed information on our Data Protection policy can be found at: https://flowpiano.es/politica-de-privacidad/

5.- INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of this website, texts, photographs, graphics, images, sounds, technology, software, links, audiovisual content, graphic design, source code, etc., as well as trade names, trademarks and other distinctive signs, are the property of RICARDO ANDRÉS TOMÁS or, where applicable, of third parties who have authorised their use, and the user does not acquire any right over them by simply using this website.
Its content may not be manipulated (modified, copied, altered, reproduced, transmitted, adapted, translated, etc.) by the user or third parties, either totally or partially, without express authorisation. And its distribution, transfer, public communication and any other act that is not expressly authorised by the owner is strictly prohibited.

6.- DISCLAIMER OF WARRANTIES AND LIABILITY

Barberá Snacks accepts no responsibility, under any circumstances, for damages of any kind that may be caused by, but not limited to: errors or omissions in the contents, lack of availability of the website or the transmission of viruses or malicious or harmful programmes in the contents, despite having adopted all the necessary technological measures to avoid this.

7.- MODIFICATIONS

Barberá Snacks reserves the right to make any modifications it deems appropriate to the website without prior notice, and may change, delete or add both the contents and services provided through the website and the way in which they are presented or located on the website.

8.- LINKS

If any user, entity or website wishes to establish any type of link to this website, they must request authorisation in writing prior to making the link. On the other hand, if from the website owned by flowpiano you can, or could at any time, access other links or hyperlinks to third party websites, we inform you that the privacy policies of the third parties are unrelated to flowpiano. Therefore, when accessing such websites (or portals) you can decide whether or not to accept their privacy and cookie policies. In general, if you browse the Internet you can accept or reject third party cookies from the configuration options of your browser.

Under no circumstances will Barberá Snacks, creator of this website, assume any responsibility for the contents of any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites.

9.- RIGHT TO OPT-OUT

Barberá Snacks reserves the right to deny or withdraw access to the website and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with the present conditions.

10.- GENERAL

Barberá Snacks will pursue the breach of the present conditions as well as any improper use of its website, exercising all civil and criminal actions that may correspond to it by law.

11.- APPLICABLE LEGISLATION

The applicable law in the event of a dispute or conflict of interpretation of the terms that make up this legal notice, as well as any matter related to the services of this website, will be Spanish law.

12.- EUROPEAN PLATFORM FOR CONFLICT RESOLUTION IN ECOMMERCE.

For the resolution of online consumer disputes in accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr This address is only available to consumers residing in the EU. It is, therefore, incompatible with conflicts generated with other countries.

13.- WEB ANALYTICS.

This website uses Google Analytics, a web analytics service provided by Google, GOOGLE LLC, located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, which develops. Where the user’s habitual residence is in the European Union, Iceland, Liechtenstein, Norway or Switzerland, Google provides its services through GOOGLE IRELAND LIMITED located at Gordon House, Barrow Street, Dublin, D04 E5W5, Dublin Ireland. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how users use the site.

Google, informs of:
“Data transfers: We have servers around the world, so your information may be processed on servers outside your country of residence. Data protection regulations vary from country to country, so some countries offer more protection than others. Regardless of where the information is processed, we implement the same protection measures as described in this policy. We also comply with certain legal frameworks related to the transfer of data, such as the EU-US Privacy Shield and Swiss-US Privacy Shield frameworks”.

The privacy policy and other legal aspects of this company can be consulted at the following link:

https://policies.google.com/privacy

14. INTERNATIONAL TRANSFERS.

International data transfers could be carried out through one of the Processors that were contracted at the time and that are processing data under the responsibility of the Controller and for the sole purpose of carrying out the service that the Controller entrusted to the Processor.

The contract concluded at the time, with this or these Processor(s), in accordance with Article 28(3) of the GDPR, already determined whether or not the transfers were authorised (it should be noted that the mere fact of providing access to the data to a third country, for example for administration purposes, already amounted to a transfer). At the time of the order, these data processors were duly adhered to the “Privacy Shield” protocol, and therefore complied with all the security specifications required by the General Data Protection Regulation (GDPR). But on 16/7/20 the Court of Justice of the European Union declared the Privacy Shield invalid for international data transfers to the US, considering that it did not provide sufficient guarantees due to access to the data by the US authorities. And it indicated that exporters should implement another transfer mechanism in case any of their transfers were made under the Privacy Shield. We are therefore waiting for the Data Controller to regularise this situation.

We will inform you about this in each update of this Legal Notice. You can also review what they publish, from this date onwards, in the “privacy policy” of said Processors, as each one of them modifies them.

GENERAL TERMS AND CONDITIONS

These terms and conditions of sale regulate the agreement between flowpiano and the client formalised through the website “https://barberasnacks.com

PRODUCTS

Physical and downloadable products offered on the website. The characteristics of the products offered are those listed on this website and can be obtained by clicking on the title corresponding to each product.

FORCE MAJEURE

None of the Parties shall be liable for the total or partial breach of their obligations under this contract, if this breach is caused by an event constituting force majeure. Cases of force majeure shall be considered to be those that comply with the criteria established by the jurisprudence of the 2nd Civil Chamber of the Supreme Court. The Party invoking an event constituting force majeure shall give notice thereof to the other Party within five working days of the day on which the event occurs or on which the threat thereof becomes apparent. The Parties agree that they shall agree as soon as possible to determine all the arrangements for the execution of the order in the event of force majeure. After a period of one (1) month of interruption due to force majeure, flowpiano may not fulfil the order and, if necessary, shall refund the amount of the order to the purchaser.

PARTIAL NULLITY

If one or more provisions of these general terms and conditions of sale should be declared null and void or invalid by virtue of a law, a regulation or a final decision of a judicial body, the other provisions shall remain in full force and effect.

LIABILITY

These Conditions of Sale set out all the obligations and responsibilities of Barberá Snacks with regard to the supply of products. There are no guarantees, conditions or other terms that are binding on Barberá Snacks , except those expressly mentioned in the Conditions of Sale.

Nothing in these Conditions of Sale limits or excludes the liability of Barberá Snacks in respect of

  • Death or personal injury caused by the negligence of Barberá Snacks
  • Fraud
  • Any failure to comply with obligations under applicable national law
  • Any liability which cannot be excluded by law.

APPLICABLE LEGISLATION

Purchases made through the Barberá Snacks website and under these Conditions of Sale are subject to Spanish legislation.

EUROPEAN COMMISSION PLATFORM

The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/
in accordance with Art. 14.1 of Regulation (EU) 524/2013.

You can only use the site if “you are a consumer resident in the EU if you have complaints about products or services purchased or contracted online from a company established in the EU”, reads the platform’s website. It is therefore incompatible with disputes generated with other countries.