Legal Notice

OBJECT


This LEGAL NOTICE regulates the use of the website WWW.OASISBALEAR.COM (“THE WEBSITE”), which is owned by OASIS BALEAR, S.L. (“THE WEBSITE OWNER”), by means of which we aim to comply with the obligations set out in Spanish Act 34/2002, on Information Society Services and Electronic Commerce (LSSICE or LSSI), and to inform all users of THE WEBSITE of its terms of use.

 

In compliance with Article 10 of Spanish Act 34/2002 on Information Society Services and Electronic Commerce, we include our details below for all users of the website:

 

  • Name or Corporate Name: OASIS BALEAR, S.L.
  • Fiscal Identification Number (NIF): B62321443
  • Registered office or residence: RONDA GENERAL MITRE 126, 6ª – 08021 BARCELONA (BARCELONA)
  • Email address: ADMINISTRACION@OASISBALEAR.COM
  • Telephone no.: 931223088
  • Registry information: This company is recorded at the Business Registry of BARCELONA in Tome 33.048, folio 200, sheet B-220.911.

 

By browsing THE WEBSITE of THE WEBSITE OWNER you are considered USER of the same and are agreeing to be bound by all of the provisions set out in this LEGAL NOTICE, which may be amended.

 

You undertake to make proper use of THE WEBSITE pursuant to the law, good faith, public order, website traffic uses and to this LEGAL NOTICE. You will be liable vis-à-vis THE WEBSITE OWNER or third parties for any damage resulting from the breach of this obligation.

 

Notifications and communications exchanged between the user and THE WEBSITE OWNER will be deemed effective, for all purposes, when they are submitted by post or by any of the means mentioned above.

 

 

OBLIGATIONS AND TERMS OF USE


THE WEBSITE and its services are openly available and free of charge, however, THE WEBSITE OWNER makes the use of some of the services offered on THE WEBSITE conditional upon previously completing the relevant form.

 

You warrant that all the information you provide to THE WEBSITE OWNER is true and up-to-date and you will be solely liable for any false or inaccurate statements made by you.

 

You expressly undertake to use THE WEBSITE OWNER’s contents and services in an appropriate manner and to refrain from using them to, among others:

 

  1. disseminate criminal, violent, pornographic, racist, xenophobic or offensive content, or content that supports terrorism or is generally contrary to the law or public order;
  2. introduce a computer virus into the network or carry out any actions that might alter, destroy, interrupt or cause errors or damage in the electronic documents, data, or physical and/or logical systems of THE WEBSITE OWNER or third parties; obstruct other users’ access to THE WEBSITE and its services via the massive use of the IT resources via which THE WEBSITE OWNER provides its services;
  3. attempt to access the email accounts of other users or restricted areas of the IT systems of THE WEBSITE OWNER or third parties and, as the case may be, extract information;
  4. infringe the intellectual and industrial property rights of or breach the confidentiality of the information of THE WEBSITE OWNER or third parties;
  5. impersonate another user, public administration or third party;
  6. reproduce, copy, distribute, make available or otherwise publicly disclose, transform or modify the contents, except where permitted by law or authorised by the holder of the corresponding rights;
  7. collect data for advertising purposes; send advertising of any type and communications for sales purposes and any other communications of a commercial nature without their prior request or consent.

 

All of the contents of THE WEBSITE, including text, photographs, graphics, images, icons, technology, software, as well as their graphic design and source codes constitute a work that is the property of THE WEBSITE OWNER, and no rights of use over such work can be considered to be granted to the user beyond those that are strictly necessary for the use of THE WEBSITE.

 

Users who visit this website may view its contents and make, as the case may be, private authorised copies of the same provided that the copied contents are not subsequently transferred to third parties, are not installed in servers that are connected to networks and are not used in any way.

 

In any event, THE WEBSITE OWNER accepts no liability for any opinions shared by users via the blog or any other participation tools which might be created, pursuant to the provisions of the applicable legislation.

 

Similarly, all trademarks, trade names, or distinctive marks of any kind that appear on THE WEBSITE are the property of THE WEBSITE OWNER, with use of or access to the same not being considered to grant the user any rights in respect thereof.

 

All of the contents of THE WEBSITE are the property of THE WEBSITE OWNER or of third parties that have previously authorised their use. Therefore, use of or access to said contents will not be considered to grant the user any rights in respect of the same.

 

The distribution, modification, transfer or public disclosure of the contents and any act that is not expressly authorised by the owner of their rights of use are forbidden.

 

The insertion of a hyperlink does not entail the existence of a relationship between THE WEBSITE OWNER and the owner of the website to which the hyperlink refers, or the acceptance or approval by THE WEBSITE OWNER of the linked website’s contents or services. Individuals wishing to insert a hyperlink must previously submit a written request for THE WEBSITE OWNER’s consent. In any event, the hyperlink will only enable access to THE WEBSITE’s homepage or landing page. You will therefore refrain from making any type of false, inaccurate or incorrect statements regarding THE WEBSITE OWNER and including content that is unlawful or contrary to accepted customs and public order.

 

THE WEBSITE OWNER accepts no liability for each individual user’s use of the materials made available on THE WEBSITE or for the actions carried out on the basis of the same.

 

You undertake not to falsify your identity in order to impersonate another individual when submitting data or information requested from you.

 

 

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS


 You, the user, acknowledge and agree that all copyrights, registered trademarks and other intellectual and industrial property rights over the materials or contents provided as part of THE WEBSITE correspond, at all times, to us or to entities that have granted us a licence for their use. You may use said material solely in the manner expressly authorised by us or by said entities. This will not prevent you from using THE WEBSITE in the manner required to copy information regarding your order or contact details.

 

Under the provisions of Articles 8 and 32.1, Paragraph 2 of the Spanish Copyright Act, the reproduction, distribution, public disclosure and making available of all or part of the contents of THE WEBSITE for commercial purposes, in any format and by any technical means, are expressly forbidden without THE WEBSITE OWNER’s authorisation.

 

 

EXTERNAL LINKS, VIRUSES AND OTHER IT ISSUES


You will not make improper use of THE WEBSITE by means of intentionally introducing into it a virus, Trojans, worms, logic bombs or any other programme or material causing technological damage or harm. You will not try to access THE WEBSITE, the server hosting said page or any server, computer or database related to THE WEBSITE without authorisation. You undertake not to carry out a denial-of-service or a distributed denial-of-service attack on THE WEBSITE.

 

The breach of the preceding provision could constitute an infringement as set out in the applicable regulations. We will notify any breach of said regulations to the competent authorities and will cooperate with them in order to identify the attacker. If you breach the preceding provision you will no longer be authorised to use this website, with immediate effect.

 

We accept no liability for any damage to your computer, IT equipment, data or materials resulting from a denial-of-service attack, virus or any other programme or material causing technological harm or damage as a result of using this web page or downloading the contents of the same or those of web pages to which you are redirected.

 

Any links to external websites and third-party materials that might be included on THE WEBSITE are provided for information purposes only. We do have any control over the content of said website or materials and will therefore not be liable for any damage or loss resulting from their use.

 

 

LIMITATION OF LIABILITY AND WARRANTIES


The contents of THE WEBSITE are of a general nature and are for information purposes only, with no guarantee being established as to the full access of said contents or to their exhaustiveness, accuracy, validity or being up-to-date, nor to their suitability or utility for a specific purpose.

 

THE WEBSITE OWNER accepts no liability, to the extent permitted by law, for any type of damage resulting from:

 

  1. the inaccessibility of THE WEBSITE, or the lack of truthfulness, accuracy, or exhaustiveness of its contents, or their not being up-to-date, as well as any type of error in the contents transmitted, disseminated, stored, made available or accessed via THE WEBSITE or of the services offered;
  2. the presence of a virus or of other elements in the contents which might result in changes to users’ IT systems, electronic documents or data;
  3. breach of the law, good faith, public order, website traffic and this LEGAL NOTICE due to the incorrect use of THE WEBSITE. In particular, by way of example, THE WEBSITE OWNER accepts no liability for actions of third parties breaching intellectual and industrial property rights, trade secrets, the right to honour, personal and family privacy and personal image, as well as the regulations governing unfair competition and unlawful advertising.

 

Similarly, THE WEBSITE OWNER accepts no liability in respect of any information found outside of THE WEBSITE and which is not managed by it. The links on this website are included only for the purpose of informing the user of other sources which might provide further information on the contents offered on THE WEBSITE. THE WEBSITE OWNER does not guarantee or accept liability for the operation or accessibility of the linked sites, nor does it suggest, invite or recommend that users visit them, meaning that it accepts no liability for the outcome of doing so. THE WEBSITE OWNER accepts no liability for the insertion of hyperlinks by third parties.

 

THE WEBSITE OWNER does not guarantee the uninterrupted and permanent availability of the services. THE WEBSITE OWNER will consequently not be liable for any damage that might result from the unavailability of the services on grounds of force majeure or errors in the telematic data transfer network, whether beyond its control or resulting from disconnections due to improvement or maintenance works being carried on its IT systems and equipment. In these cases, THE WEBSITE OWNER will endeavour to notify the interruption with 24 hours’ notice. THE WEBSITE OWNER accepts no liability for the interruption, suspension or termination of the information or services and, similarly, it accepts no liability for any omissions, losses of information, data, settings, improper access, or breach of confidentiality deriving from technical problems, human omissions or communications caused by third parties or not attributable to THE WEBSITE OWNER. Nor will THE WEBSITE OWNER be liable for damages resulting from cyber-attacks or a virus affecting the computer programmes, communications systems or equipment that are used by the former but manufactured or supplied by a third party. If a user fails to comply with these rules, THE WEBSITE OWNER may, at its sole discretion, deny, withdraw, suspend and/or block the user’s access to the information and services, at any time and without prior notice.

 

Unless the law expressly states otherwise, and only to the extent thus established, the application does not guarantee or accept liability in respect of possible damage resulting from any type of use of THE WEBSITE OWNER’s information, data and services.

 

In any event, THE WEBSITE OWNER accepts no liability for any damage resulting from the information and/or services provided or supplied by a third party other than the Company, with all liability corresponding to said third party, whether the latter is a supplier, partner or other party.

 

 

OTHER TERMS


Severability

If any of these Terms of Use or any provision in a contract are declared null and void by means of a final decision handed down by a competent authority, the rest of the terms and conditions will remain in force and will not be affected by said nullity.

 

Agreement

These Terms of Use and any document to which they expressly refer constitute the entire agreement between you and us in relation to the object of the same and substitute any other previous verbal or written covenant, arrangement or undertaking between you and us.

 

Acknowledge is made by you and us of our consent to enter into this agreement without having relied on any declaration or undertaking made by the other party or which might be inferred from any declaration or writ in negotiations between us prior to said agreement, except for that which is expressly mentioned in these Terms of Use.

 

No recourse to any action is granted to either you or us in respect of any untrue verbal or written statement made by the other party prior to the date of a contract (unless such untrue statement is made in a fraudulent manner), with an action for breach of contract being the sole recourse available to the other party, pursuant to the provisions set out in these Terms of Use.

 

We reserve the right to make changes to these Terms of Use, with any changes not having retroactive effect. If you do not agree with any change introduced, we recommend that you do not use this website.

 

Applicable legislation and jurisdiction

The use of THE WEBSITE and of the product purchase agreements via the same is governed by Spanish law. Any dispute arising from or in relation to the use of THE WEBSITE or said product purchase agreements will be subject to the non-exclusive jurisdiction of the courts and tribunals of Spain. If you are entering into a contact as a customer, no part of this provision will affect the rights granted to you under the legislation in force.

 

Suggestions and complaints

Suggestions and complaints submitted to our customer service team will be dealt with at the earliest opportunity and, in all cases, within the legally established term.

 

If you consider that your consumer rights have been infringed, you can send us your complaint to COMPANY EMAIL ADDRESS and request the extrajudicial settlement of any disputes.

 

If a user or third party considers there to be facts or circumstances indicating the unlawful nature of the use of content and/or performance of an activity on the web pages included or accessible via THE WEBSITE, the party concerned will notify THE WEBSITE OWNER, identifying him or herself accordingly, stating the alleged infringements and including an express declaration under his or her own responsibility that the information provided therein is accurate.

 

Any dispute in respect of THE WEBSITE of THE WEBSITE OWNER will be resolved in accordance with Spanish law and will be subject to the jurisdiction of the courts and tribunals of Spain.