GENERAL TERMS OF USE

 

Version 18 June 2020

 

1. DISCLAIMER

The company SAN PATRICK, S.L.U. (hereinafter, "San Patrick") established in accordance with Spanish regulations, with registered office at Polígono Industrial Mas Mateu, s/n., 08820 El Prat de Llobregat (Barcelona), registered in the Barcelona Mercantile Register, Volume 36,628, Folio 100, Page B-295049, 1st entry and holder of Tax Identification Code number B-63523609 informs you that the owner of the website www.bakasphere.com (hereinafter, the "Website") is San Patrick.

San Patrick provides the Website to Internet users so that they can learn about San Patrick, its products and services, purchase products and acquire the services available on the Website.

 

2. PURPOSE AND SCOPE OF THE TERMS OF USE

By accessing the Website you become a user (hereinafter, the "User").

These conditions of use (hereinafter the " Terms of Use ") regulate, together with the Privacy Policy and the Cookie Policy, the use of the Website by the User, the procurement by the latter of the products and services offered by San Patrick and the relationship between San Patrick and the User.

These Terms of Use regulate in particular the use of the Website by the User and the conditions governing the procurement by the latter of products and services offered by San Patrick through the Website. These Terms of Use will always be available on the Website for you to consult, file or print out at any time.

For any questions regarding San Patrick's handling of your personal data or the cookies it uses, you can visit our Privacy Policy and our Cookie Policy. Both policies will also be available to you on the Website so that you can consult them, file them or print them out whenever you want.

 

3. ACCESS TO THE WEB AND THE APP

Through the Web and the App, Pronovias offers Users the possibility of hiring the services offered by Pronovias easily and conveniently. Pronovias informs the User that the Online Store of Pronovias products is currently available only in the following countries and territories: Spain (only in mainland Spain and Balearic islands); France (mainland France, excluding the overseas departments); United Kingdom (except for the Isle of Mann and the Channel Islands) Italy (excluding San Marino, Liviano, Campione d’Italia and the waters of Lake Lugano); Portugal (except for the autonomous regions of Madeira and Azores); Germany; Belgium and Poland.

The access to the Website is free except for the part related to the cost of the connection through the telecommunications network provided by the access provider that the User has contracted.

By accessing the Web and the App, the User declares she is of legal age and has the necessary legal capacity to procure the products and services offered on the Web and the App in accordance with these Terms of Use, which she also represents, she understands and accepts in full.

The User can freely browse the public or accessible parts of the Web and the App and access them as many times as she wishes without having to register. However, to contract some of the services available on the Web and the App, the User may have to register.

 

4. USE OF THE SITE

As a User, you agree to use the Web and the App in accordance with these Terms of Use, good faith and prevailing legislation. You also represent and warrant that you are of legal age and understand these Terms of Use.

The procurement of products and services through the Web and the App by persons under legal age is strictly prohibited. In this regard, Pronovias reserves the right to verify the truthfulness of the data provided by Users, especially their age. Pronovias refutes all liability for persons who breach these Terms of Use, applicable legislation or who are under legal age.

Similarly, any fraudulent, abusive, illicit or contrary to good faith use by the User of both the Website and any of the features that both offer is expressly prohibited, including but not limited to the purchase of products in the online store, the contracting of services or participation in promotions organized by San Patrick.

In any case, the User shall not:

  1. Reproduce, distribute, publish, transform or modify the Web or the App or any of their contents, including these Terms of Use, regardless of the purpose of such use, without prior written authorisation from Pronovias.
  2. Enter in the Web or the App or the corresponding network data programs capable of causing damage to Pronovias's IT systems, those of its suppliers or third parties.
  3. Perform any activity that is illegal, fraudulent, contrary to these Terms of Use, prevailing legislation and/or good faith or that prevents and/or hinders the proper use of the Web, the App or their contents.
  4. Insert on third-party websites, platforms, forums, chats, blogs or social media any link that makes it possible to link or reproduce the Web, the App or the contents thereof with said third-party websites, platforms, forums, chats, blogs or social media, unless the link points directly to the home page of the Web or the App and cannot reproduce it in any way.
  5. Link to or reproduce the Web or the App or their contents from third-party websites, platforms, forums, chats, blogs or social media that are unlawful, offensive or against human dignity, fundamental rights or Pronovias itself and/or are likely to be considered criminal.
  6. Insert and/or publish on the Web or the App content that violates human rights and personal dignity, such as racist, xenophobic or pornographic content or content involving the advocacy of terrorism.

 

5. REGISTRATION PROCESS AND REQUEST FOR THE PROCUREMENT OF SERVICES

Registering on the Web and the App is very simple. PRONOVIAS informs Users that it may be necessary to register to contract some of the services offered on the Web and/or the App.

 

Registration

The registration process is very simple and fast. To register on the Website, simply go to the "My Account" tab on the Website and enter the requested information.

Each User may register only once and multiple registrations by the same User are expressly prohibited. Registration on behalf of third parties or using the data of third parties without their prior consent is prohibited.

Remember that your password must be kept secret and is personal and non-transferable. You must not provide your password to third parties. If a User forgets her password, the Pronovias Web and App provide a password recovery system by clicking on the link: Forgotten your password? and entering the registration email. If the email entered is recognised by Pronovias as the email of a registered user, Pronovias will email a link through which you can reset your password. You can use this same system to change your password at any time.

 

Request to contract services through the Website

Through the San Patrick Website, the User can request the "Book Appointment" service at one of the stores. The User must proceed as follows to request an appointment:

  1. Click on the "Book Appointment" tab on the Website.
  2. Choose a store.
  3. Choose a date for the appointment.
  4. Fill in the online form with your personal information.
  5. Confirm the wedding date.
  6. Submit the request.

After completing the above steps, the User will receive an email as their appointment request has been registered in the San Patrick computer system indicating the estimated time in which the store selected by the User will contact the User by phone to confirm the appointment.

During this call the User may:

  1. Make an appointment at the Pronovias store preferred by the User to be attended by an assistant, based on the date of preference and the availability of the Pronovias store.
  2. If necessary, indicate the tastes and preferences regarding the type of product the User is interested in trying and purchasing
  3. Receive detailed information about the appointment, such as duration, companions, style of service or availability of specific products, including other consultations.

Once the date of the appointment has been agreed with the User, she will receive an e-mail confirming the appointment with all the corresponding details. Note that the confirmation of the appointment may be subject to payment of an appointment reservation fee, depending on the store and date selected by the User. The terms applicable to the appointment reservation fee will be notified to the User after the preferred date for the appointment has been selected on the Web. The payment for the appointment reservation fee should be made during the telephone call received by the User, by credit or debit card as provided by the user to the Pronovias operator. Once payment of said fee has been confirmed, Pronovias can confirm the appointment and automatically send an e-mail to the User confirming the appointment, together with receipt for the payment made.

The appointment can also be confirmed with the User by e-mail unless payment of the appointment reservation fee is required, in which case the User may only make payment by phone or in person at the store in question.

In the event that the telephone call could not be made because the telephone number provided by the User was incorrect, an e-mail shall be sent to the User informing him/her of the impossibility of contacting him/her. After several attempts to contact the User, if the User did not answer the calls or e-mails sent to process the appointment request, San Patrick would cancel the request and send an e-mail to the User informing him/her of the cancellation of the appointment request. When filling in the data requested in the registration or subscription forms available on the Website, those fields whose completion is compulsory shall be duly marked with an asterisk so that the User can clearly identify them. Also, those details whose completion has been detected as defective, incorrect or incomplete by the Website and which are necessary to complete the process in question will be requested again so that the User can review them, correct them and enter them correctly.

When completing the data requested on the registration or purchase forms available on the Web and the App, the required fields will be marked with an asterisk so that the User can clearly identify them. In addition, information detected as faulty, incorrect or incomplete by the Web or the App and which is required to complete the process in question will be requested again so that the User can review, correct and enter it correctly.

As the User, you are exclusively responsible for providing your details correctly in the registration and online purchase process on the Web and the App and for keeping your passwords and registration codes confidential, personal and secret. Pronovias reminds you that you must pay special attention and take care when entering your personal data, especially bank and delivery details and you must not share your registration codes and password with others. Any direct or indirect damages caused to Pronovias or third parties under your email or code and/or login password or user account will be your sole responsibility.

Pronovias unilaterally reserves the right to review, retain, temporarily suspend and/or permanently cancel, without notice and without compensation, any purchase made on the Web or the App and any user account in which it detects signs of use that is fraudulent, illegal or contrary to these Terms of Use, the law and/or good faith by the corresponding User.

 

6. SPECIAL PRICES, SALES, PROMOTIONS AND COMPETITIONS

In order to retain Users, attract new users or promote certain products, Pronovias may organise various promotions and competitions on the Web and the App.

In each case, Pronovias shall regulate the terms of participation in the various competitions and promotions by means of the appropriate legal terms and conditions. In any case, Pronovias unilaterally reserves the right to modify the terms of any promotion or competition it organises and to review, retain the prize(s), temporarily suspend and/or permanently cancel, without notice and without the right to compensation, any promotion or competition it organises.

Pronovias also unilaterally reserves the right to revise, temporarily suspend and/or permanently cancel, without notice and without compensation, any user account in which it detects signs of participation in promotions and/or competitions that is fraudulent, illegal or contrary to these Terms of Use, law and/or good faith by the User of the said account.

 

7. USER SUPPORT

Users can contact Pronovias to solve any problem or incident or answer any questions they may have through the Customer Service at the following Freephone numbers and email addresses:

If you have any question, please contact us using our contact form.


8. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

The Web, the App and their contents are subject to protection under prevailing national legislation on Industrial and/or Intellectual Property. Pronovias is the owner or has duly licensed all the Industrial and Intellectual Property rights for the Web, the App and their contents.

All forms of reproduction, distribution, publication, transformation, making available and, in general, any other act of exploitation, for commercial or other purposes, of the Web, the App or their contents are prohibited without the express prior consent of Pronovias.

San Patrick reserves all Intellectual and Industrial Property rights on the Website and its contents. In no case and under no circumstances does access to the Website, navigation or use constitute or imply a transfer of any kind by San Patrick of the Intellectual or Industrial Property rights of the Website or its content.

By reproducing, disseminating, publishing, sharing or sending the User any content on or through the Web or the App or any platforms, forums, social media, applications or websites to which Pronovias has access, the User guarantees Pronovias that she is the legitimate owner thereof or holds the image rights, Industrial and/or Intellectual Property Rights or any other rights necessary for the use, reproduction and publication thereof. Furthermore, when reproducing, disseminating, publishing, sharing or sending any content, regardless of its nature or content, on or via the Web or the App or any platforms, forums, social media, applications or websites to which Pronovias has access, you irrevocably assign to Pronovias, non-exclusively and free of charge for the entire world until the works become public, all the intellectual property exploitation rights for such content in all forms, including the right to sub-license said rights to third parties for profit.


9. RESPONSIBILITIES

The User must use the Web, the App and their contents as provided in these Terms of Use, prevailing legislation and in accordance with good faith. Any use of the Web, the App or their contents contrary to these Terms of Use, the law or good faith is expressly prohibited regardless of whether or not such use is for profit.

Use of or participation by the User in any promotion or competition organised by Pronovias that is fraudulent, abusive and/or contrary to these Terms of Use, the law and good faith is strictly prohibited Furthermore, multiple registrations by the same user on the Web or the App using different email accounts is strictly prohibited.

The User shall be liable for any loss or damages caused to Pronovias or third parties arising directly or indirectly from any use of the Web, the App or their contents that is contrary to these Terms of Use, law, moral decency, public order or good faith.

Pronovias requires third-party services to make the Web, the App and their contents accessible. Despite the efforts made by Pronovias to keep the Web and the App available and accessible, the availability thereof may be suspended, interrupted or cancelled for reasons beyond Pronovias's control. Therefore, Pronovias does not guarantee the absence of errors or interruptions in access to the Web, the App or their contents or that they are updated or displayed in their latest version. Consequently, Pronovias refutes all liability for damages caused to the User as a result of the suspension, interruption, lack of continuity, network crashes or disconnection of the Web or the App.

In no case and under no circumstances shall Pronovias be liable for damages caused to the user not attributable to the former, such as, by way of example, natural disasters, force majeure or extreme urgency, virus, harmful components, browser malfunction, computer intrusions or attacks by third parties.

With regard to the social media buttons on the Web Site, SAN PATRICK, S.L.U. hereby informs you that these buttons are linked to online services managed by third parties, also used by other users. Therefore, SAN PATRICK, S.L.U. is solely and without exception liable for its own contents.

 

10. LINKS

The websites, platforms, forums, chats, blogs or third-party social media that link to the Web or the App must clearly inform users that they do not have the authorization or supervision of Pronovias and that such link does not imply, suppose or involve any form of association between Pronovias and the websites, platforms, forums, chats, blogs or third-party social media that link to the Web or the App.

In any case, any link targeting the Web must point directly to the home page or start page of the website by means of a click to the URL of the web, covering the entire homepage screen or the start page of the Web or the App.

In no case and under no circumstances shall Pronovias be liable for the content, information or data about the Web, the App, their content or any other matter contained on the websites, platforms, forums, chats, blogs or third-party social media that link to the Web or the App.

Linking to the Web from websites, platforms, forums, chats, blogs or social media that are contrary to the law, moral decency and good faith is expressly prohibited, especially those with pornographic or illegal content or content that violates human rights.

However, the Web and the App may contain links to websites, platforms, forums, chats, blogs or third-party social media. Despite our efforts, Pronovias does not have the human and/or technical means of knowing or controlling the information and/or content appearing on third-party websites. Accordingly, under no circumstances shall Pronovias be liable for the content of linked sites and under no circumstances may it be considered that Pronovias is aware of the content of the linked sites. Should you realise that the websites, platforms, forums, chats, blogs or third-party social media to which the links on the Web or the App point are illegal, you may inform Pronovias by email to the support centre with the following information:

  • Personal and contact details of the user filing the complaint: name, address, phone number, email.
  • Copy of your identity document (national identity document or passport)
  • Identification and full description of the allegedly illegal content or alleged unlawful use of a particular content:
    • Precise and specific indication of the protected content and its location.
    • What the alleged illegal content or illegal use of the content comprises.
    • Whether or not the user filing the complaint owns the content used illegally
  • Declaration signed under the responsibility of the User filing the complaint, stating that:
    • The information contained in the complaint is accurate and truthful.
    • He/she is the legitimate owner of the violated content or, if not, is duly authorized to act on behalf of the legitimate owner of the violated content.


11. SECURITY

Pronovias informs Users that it may be a crime of electronic fraud to use the electronic payment system on the Web and the App to purchase products offered thereon in any of the following cases:

  1. The provision of false data of the buyer or the number of the card used as a means of payment.
  2. The use of data of persons other than the buyer.
  3. The use of the status of holder of cards belonging to others.
  4. The use of card numbers generated by software or similar algorithms.

Pronovias also informs Users that the Web and the App incorporate appropriate safeguards and use industry standard technology to improve the security, integrity, completeness, accuracy and protection of the personal data collected, and has put in place reasonable precautions to protect such information from loss or misuse. Its rules on data protection and security are periodically reviewed and improved as necessary, and efforts are made to ensure that only authorised persons access the information provided by Users.

Sensitive information is sent via the Web and the App in encrypted format to protect the information you send us from third parties before it reaches Pronovias.

 

12. DATA PROTECTION AND COOKIES

As stated in our Privacy Policy, when using the Users' data, Pronovias is committed to respecting their confidentiality and to using it for the purpose of the file, as well as to comply with its obligation to keep the data and adopt all measures to prevent the alteration, loss, processing or unauthorized access thereof in accordance with prevailing laws on personal data protection.

For more information about the Pronovias Privacy Policy, please read our Privacy Policy and our Cookies Policy.

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