www.blackstonecoffee.es is an Internet domain owned by Jesus Hernández Carrera with NIF: 48974129E and registered address at C/ Puerto Rico 20, San Fernando (Cádiz), CP 11100 (hereinafter referred to as the Owner).
Black Stone Coffee is a company engaged in the wholesale and retail sale of coffee (online and offline); registered with the Spanish Patent and Trademark Office under application number M3733298.
This Legal Notice regulates the use of this Website, which the Owner makes available to people who access it in order to provide them with information about its own products and/or those of collaborating third parties, and to facilitate access and contracting of such products.
3. 3. Applicable Rules
This Legal Notice is subject to the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, its Development Regulation RD 1720/07, Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Law 34/2002 of July 11, on Information Society Services and Electronic Commerce, Royal Decree-Law 13/2012, of March 30, which transposes directives on internal electricity and gas markets and electronic communications, and adopts measures for the correction of deviations due to imbalances between the costs and revenues of the electricity and gas sectors, Law 3/2014, of March 27, which amends the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16, Law 26/1984, of July 19, General for the Defense of Consumers and Users, Royal Decree 1906/1999 regulating telephone or electronic contracting, Law 44/2006, of December 29, on the improvement of consumer and user protection, Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, on consumer rights, Law 7/1998, of April 13, on General Contracting Conditions, Royal Decree 1/2007, of November 16, which regulates Telephone or Electronic Contracting with General Conditions, Law 17/2009, of November 23, on free access to service activities and their exercise, Law 7/1996, of January 15, on Retail Trade Organization, as well as any subsequent regulations that modify or develop them.
Both access to the Website owned by the Owner and the use that can be made of the information and content included therein will be the sole responsibility of the person who does it. The conditions of access to the Website will be subject to current legislation and the principles of good faith and lawful use by the User thereof, and any action detrimental to the Owner is generally prohibited. The use of the Website for illegal or unauthorized purposes will be strictly prohibited.
The Owner reserves the right to modify, at any time, the presentation and configuration of the Website, as well as this Legal Notice. Therefore, the Owner recommends the User to read them carefully each time they access the Website. You will always have the Legal Notice in a visible and freely accessible place for any consultations you may want to make.
5. Service Description
www.blackstonecoffee.es is the Website of the Owner and serves as a tool for both information and the purchase of the offered products.
To make purchases, it is not necessary to register beforehand. Furthermore, by registering as a Registered User, you confirm that you are of legal age, have the capacity to contract, or have the express authorization of your legal guardian, and that you (hereinafter also referred to as the “Registered User”) accept all the conditions of this Legal Notice.
The user identifier will be composed of their email address and a password. We recommend using a strong password that contains a higher number of characters, avoids common words or names, and combines uppercase and lowercase letters, numbers, and symbols.
The use of your identifier and password is personal and non-transferable, and it is not allowed to be shared, even temporarily, with third parties. In this sense, the User undertakes to use them diligently and to keep them confidential, assuming full responsibility for the consequences of their disclosure to third parties. In the event that a user becomes aware of or suspects the use of their password by third parties, they must notify us immediately.
The Owner may interrupt the service to any User who makes an unethical, offensive, illegal, or improper use of the contents or services of this Website and/or contrary to the interests of the Owner. Likewise, the Owner reserves the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this generating any right to compensation or redress.
The Owner reserves the right to interrupt or cancel the Website or any of its services, at any time and without prior notice, for technical reasons or for any other reason. The Owner may also unilaterally modify both the access conditions and all or part of the contents included in it, all without prejudice to the rights acquired at that time.
The links contained on the Website may direct to third-party websites. The Owner does not assume any responsibility for the content, information, or services that may appear on such sites, which will have solely informative purposes and in no case imply any relationship between the Owner and the individuals or entities that own such content or the owners of the sites where they are located.
The Owner is not responsible under any circumstances for any type of damage that Users may cause to this Website or to any other, due to illegal or improper use of it, or of the content and information accessible or provided through it.
The Owner will not be responsible for the infractions committed by users of its Website that affect third parties.
The Owner does not guarantee the reliability, availability, or continuity of its Website or Services, so the use of them by the user is done at their own risk, without the Owner being liable for any consequences resulting from it.
The Owner will not be responsible in case of interruptions of the services, delays, malfunctions, and, in general, other inconveniences that have their origin in causes beyond the control of the Owner, and/or due to willful or negligent actions of the user and/or are caused by fortuitous events or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of force majeure shall be understood, for the purposes of this Legal Notice, to include all those events occurring beyond the control of the Owner, such as: failures of third parties, operators or service companies, acts of Government, lack of access to third-party networks, acts or omissions of Public Authorities, those others resulting from natural phenomena, supply cuts, etc., and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that the Owner has adopted reasonable security measures in accordance with the state of the art. In any case, regardless of their cause, the Owner shall not assume any responsibility, whether for direct or indirect damages, consequential damages, and/or lost profits.
The Owner will try, to the extent possible, to update and rectify any information hosted on its Website that does not meet the minimum guarantees of truthfulness. However, it is informed that there may be errors without intentionality, and the User is free to verify the content. In this regard, the Holder is not obliged to control and does not control the content transmitted, disseminated, or made available by third parties through the Users or collaborators, except in cases where it is required by current legislation or when required by a competent Judicial or Administrative Authority.
The Holder cannot be held responsible for the use of this Website by third parties or any references that may exist on external sites.
Likewise, it is informed that the Holder provides Users with a virtual space that allows the purchase of various products, some of which are not manufactured by the Holder. Therefore, the guarantee on these products refers only to the Holder as the seller and distributor, and the manufacturers will have the final responsibility for the quality and content of each product. The Holder will always ensure that the products offered meet the highest quality standards and will facilitate returns or exchanges if a product does not satisfy Users for any valid reason.
Each buyer will be responsible for reading and following the rules of use for those products that contain them, and therefore, will be liable for any damages that may occur as a result of not respecting those rules. The Owner will not be responsible under any circumstances for the improper use of any of the products. The information contained in the indications of said products cannot under any circumstances be considered as the basis of a guarantee or subject to liability.
Users will hold the Owner harmless from any claims or demands by third parties related to activities promoted within the Website or the breach of the Legal Notice and other policies incorporated into this document, or the violation of any laws or rights of third parties.
10. Nullity and Ineffectiveness of the Clauses
If any clause included in this Legal Notice or in the rest of legal and informational texts on the Website is declared null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, and the rest of the established conditions will remain in force in all other aspects. The affected provision, or the part thereof that is affected, will be considered as not included.
All notifications, demands, requests, and other communications that need to be made by the parties in relation to this Legal Notice or other legal and informational texts shall be made in writing and shall be deemed to have been properly made when delivered in person or sent by regular mail to the address of the other party or to their email address, or to any other address or email address that each party may indicate for this purpose to the other.
12. Intellectual and Industrial Property
The intellectual property rights of this Website, its source code, design, navigation structures, and the various elements contained therein are the exclusive property of the Owner, who holds the rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication, and transformation, in accordance with the applicable Spanish and European Union legislation.
Total or partial reproduction of the contents of this Website is strictly prohibited without the express and written consent of the Owner, with the exception of the company responsible for its creation. Unauthorized use of these contents by any other person or company will result in legally established responsibilities.
The Owner will market the products with the Registered Trademarks and commercial logos indicated by its suppliers. These are the legitimate owners of the Registered Trademarks and promotional material that they may make available for the promotion of the product, and they grant the Owner the necessary authorization for their use, without this being considered a transfer of ownership. The supplier is the exclusive responsible for any claims made by third parties regarding the use of the Trademarks, thereby releasing the Owner from any liability concerning intellectual property rights.
Any form of exploitation, including reproduction, distribution, transfer to third parties, public communication, and transformation, by any means and medium, of the aforementioned works, creations, and distinctive signs is strictly prohibited without the prior and express authorization of their respective owners. Failure to comply with this prohibition may constitute an offense punishable by current legislation.
It is prohibited, except in cases expressly authorized by the Owner, to present this Website or the information contained therein using frames or frames, distinctive signs, trademarks, or trade names of another person, company, or entity, including expressly the photographic content that is considered the exclusive property of the Owner.
Infringement of any of the mentioned rights may constitute a violation of these conditions, as well as a crime punishable under Articles 270 and following of the Penal Code.
Those users who send observations, opinions, or comments to the Website through the email service or any other means, in cases where the nature of the services allows it, are understood to authorize the Owner to reproduce, distribute, publicly communicate, transform, and exercise any other right of exploitation of such observations, opinions, or comments, for the entire duration of the legally established copyright protection and without territorial limitations. Likewise, it is understood that this authorization is granted free of charge.
The Owner warns that it cannot be held responsible for the comments or any type of contributions from third parties displayed on the website or on linked external spaces. These comments do not express the opinion of the Owner, and the Owner reserves the exclusive right to delete them if they are considered incorrect or harmful to the interests of the Owner or third parties, at the Owner’s discretion.
The Owner is not responsible for the use that the User makes of the Website’s Services, as well as for any material that the User includes on this Website, which may infringe the intellectual or industrial property rights or any other rights of third parties.
For any matters arising from the interpretation, application, and compliance of this Legal Notice, as well as any claims that may arise from its use, all parties involved submit to the competent Judges and Courts according to their jurisdiction.