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LEGAL TERMS AND CONDITIONS

These conditions will apply to the provision of services by the Asociació Estilogràfica de Barcelona – Barcelona Pen Club, as well as to the use of the websites barcelonapenclub.com, barcelonapenclub.es and barcelonapenclub.cat. For this reason, you must carefully read the following conditions before browsing the website, performing any activity or using our services.

The Associació Estilogràfica de Barcelona – Barcelona Pen Club reserves any right that corresponds to it and that is not expressly included in these Terms of Use.

CONDITIONS OF USE

1. Object and parts

1.1. The present conditions apply to the use of the online platforms barcelonapenclub.com, barcelonapenclub.es and barcelonapenclub.cat, owned by Associació Estilogràfica de Barcelona – Barcelona Pen Club. By accessing and browsing the website in question, you (hereafter user) declare that you know the present conditions, and expressly and unreservedly accept to be bound by them.

1.2. The data of the owner of the website are as follows: Associació Estilogràfica de Barcelona – Barcelona Pen Club, with registered office at Carrer Balmes 369, Entresòl 2a in Barcelona. NIF: G13650999. From now on, when we refer to the Online Platform we will be referring to the owner of the website.

2. Conditions of access and navigation

2.1. The access and use of the website is subject to the Spanish legislation that is applicable at all times, and the conduct of the user must be lawful and in accordance with the laws, custom and general principles of the Law . The user also undertakes to:

– Use the website in accordance with the purposes for which it was created, and to act in good faith.

– Do not conduct conduct to the detriment of the website, its owner or its users, or to the detriment of third parties.

– Not to carry out fraudulent or criminal transactions or acts, or facilitate them in any way.

– Do not take actions intended to block the website, make it inoperable or lower its performance.

– Do not introduce viruses, trojans, programs, data or other elements into the website or the servers where it is hosted, either through direct access or through e-mail, or elements that alter its operation.

– Do not introduce advertising, directly or indirectly.

– Do not access restricted parts of the site, the server that hosts it or other computers supporting, developing and maintaining the website.

– Do not extract data from the website (be it text, images, source code or data of any other type) without the express consent of the Online Platform.

– Do not publish offensive, obscene or illegal opinions or content on the website, or that are harmful to the Online Platform or to third parties. The Online Platform reserves the right to remove comments and content it deems inappropriate.

2.3. Failure to comply with these conditions will entitle the Online Platform to block access to the website to the person responsible for the breach, who will be responsible for any losses, damages and losses caused (including lost profits). to the Online Platform or to third parties.

3. Update of software and content

The Online Platform can change or update the website (appearance, functionality and content) at any time, as well as interrupt or terminate the operation of the website when it deems it appropriate. All this without the need for any prior notice, and without the user being able to demand any responsibility or compensation for this.

4. Communications and notifications

4.1. The user will be communicating electronically with the Online Platform every time he uses the services of the website, or when he sends an email or any other type of message through his computer, mobile phone, tablet or any other device, and this message is received by the Online Platform.

4.2. The user expressly agrees to receive electronic communications from the Online Platform, as well as for all contracts and notifications from the Online Platform to be made via email or the website (either through the “My Account” section or any other provided for this purpose), complying with any contract, notification or information thus sent the legal requirements of written communication. All this without prejudice to other communication systems (such as postal mail to the address provided by the user).

4.3. In the event of any incident in the use of the website or in the processing of a request, as well as at the user’s request, the Online Platform may communicate with the user by telephone.

4.4. Communications sent by the user to the Online Platform may be sent to the email address info@barcelonapenclub.com

5. User registration

5.1. To access the services provided by the Online Platform, the user mustregister using a username and password, and provide the data that is necessary for such purposes.

5.2. To proceed to register on the website, the user must be of legal age and have the legal capacity to contract.

6. Comments and ratings

6.1. As long as the Online Platform authorizes it, the user can leave (in the space provided for this) opinions and evaluations of products or services related to writing. Comments may not be offensive, obscene or illegal, nor may they respond to advertising interests. The user undertakes to be truthful in his comments.

6.2. Through the use of the opinion or evaluation space, elements that alter its operation may not be introduced into the website (such as viruses, spam, chain mails or links to other websites; nor may it saturate the ‘comment space).

6.3. To use the opinion space, the user must use their own data, that is to say, they cannot act or give opinions on behalf of third parties.

6.4. The user assigns the rights of exploitation of the opinions and assessments made on the website, non-exclusively, to the Online Platform, this assignment including the right of publication, distribution, reproduction, public communication and transformation. The duration of this assignment will include the maximum legally established time. The Online Platform may identify the user with the name chosen by him when posting his comment, or may do so partially. The user expressly authorizes the Online Platform to assign the indicated exploitation rights to third parties, and to carry out the necessary procedures to articulate the assignment.

6.5. The Online Platform is not responsible for the opinions of its users, who will exclusively assume the damages that may arise from them. Also, the Online Platform reserves the relevant legal actions to claim, if necessary, the damages that the user could have caused.

6.6. The Online Platform reserves the right to remove or modify any content that does not respect the provisions of this section, or those opinions or comments that are contrary to the interests of the website.

7. Domain, industrial property and intellectual property

7.1. The domains barcelonapenclub.com, barcelonapenclub.es and barcelonapenclub.cat, as well as the trademarks that identify the association, are the property of the Online Platform. Any use or association of the domain or the marks without the authorization of its rightful owner is prohibited. Access to the website does not imply the right to use any of the brands or the total or partial assignment of them to site users; this also applies to the domain and brands owned by third parties appearing on the website.

7.2. The rest of the brands that appear on the website are the property of third parties, and it is up to them to exercise their respective rights. The websites barcelonapenclub.com, barcelonapenclub.es and barcelonapenclub.cat are not related or associated with the owners of these brands, and does not acquire any responsibility regarding them.

7.3. The Online Platform is the owner of all exploitation rights (whether industrial or intellectual property) of the website, that is, of its content and the software used for its construction and management; all this without prejudice to the use of other elements and programs owned by third parties whose use is authorized. The design, functionality and programming of the website, as well as its content (such as text, icons, photographs, drawings, images, videos, sounds, graphics, layouts, logos, databases, source code, applications, sequences , etc.), whether owned by the Online Platform or by third parties, are protected by industrial and intellectual property laws. Access to the website does not imply the total or partial transfer of exploitation rights to the users of the site. Its total or partial use is prohibited without the express authorization of the holder of these rights.

7.4. It is not permitted to manipulate the contents of the website or its software, either in whole or in part, nor their copying, extraction, downloading, decompiling, reuse, reproduction, modification, sale, public communication or exploitation of any kind, as well such as the use of meta-tags, search robots or any other element to extract information from the website. You are also not allowed to reverse engineer or use parts of the website software to create derivative works.

7.5. Failure to comply with the conditions established in this contract may lead to the prohibition and blocking of access and navigation through the website, without any prior communication being necessary. In addition, the Online Platform reserves the right to exercise the civil or criminal actions that legally correspond to it.

7.6 The drafting of these conditions is also subject to drintellectual property rights, corresponding to the law firm MPJ Abogados de Barcelona, with headquarters at C/ Entença 231 in Barcelona; on the other hand, its non-exclusive use is permitted in the Associació Estilogràfica de Barcelona – Barcelona Pen Club.

8. Guarantees and limitation of liability

8.1. The user expressly declares to be of legal age and to have the legal capacity to contract. The Online Platform only offers services to users who meet this condition, and is not responsible for incidents or issues arising from the user’s failure to comply with this point.

8.2. The user undertakes that the data he provides on the Online Platform is true, correct, current and complete.

8.3. The user is responsible for the custody of his keys and passwords to access the website, as well as the confidentiality of his data. You are also responsible for the activities carried out from your account or using your password. In case of loss or theft of the keys or passwords, the user undertakes to change them immediately and to communicate this fact to the Online Platform.

8.4. The user is responsible for the access and use that a third party may make of his computer, mobile devices or other electronic devices from which he accesses the website.

8.5. The user will be responsible for the losses, damages and losses (which include lost profits) caused by the Online Platform due to non-compliance with the conditions established in this contract.

8.6. Anyone who accesses, navigates or uses the services offered at barcelonapenclub.com, barcelonapenclub.es and barcelonapenclub.cat does so at their own risk.

8.7. In accordance with the previous point, the Online Platform does not guarantee:

– The correct functioning of the website.

– That the content of the website is correct in terms of the description, characteristics and properties of the products displayed on it.

– The continuity of the services provided and access to the website.

– The absence of errors in the contents of the website.

– The complete invulnerability of the website and its security systems, as well as the absence of viruses, spam programs or programs or applications that contain harmful components on the website and/or on the servers used by it.

– That the links listed on the website are correct.

8.8. The Online Platform is not responsible for damages or losses caused by the reasons described above, nor for direct or indirect losses arising from the use of the website, or from the use of any of the products related to it, already the losses have a private or business nature. It also assumes no responsibility for the following losses regardless of their origin:

– Loss of money, business, income or sales.

– Loss of profit, loss of contracts or loss of users.

– Loss of data.

– Loss of computers, mobile devices or other devices used to access the website.

– Losses due to fortuitous causes, force majeure or for causes due to the intervention of third parties.

– Expenses incurred by the use of the website.

– Losses derived from the provision of services by third parties that are necessary to access the website.

– Losses due to access to sites and web pages linked to our website.

– Losses of any other kind.

8.9. The information provided through the website, or by any other means on the part of the Online Platform, does not constitute any type of guarantee or generate any legal obligation, not being responsible for the damages that may arise. In any case, the information provided will be indicative.

8.10. The Online Platform is not responsible for the content of the pages accessed through the website, either through links, banners or buttons, nor for the losses or damages the user suffers as a result. The links are provided for informational purposes only, as the linked sites are operated by third parties. The Online Platform is not responsible for any loss or damage resulting from accessing and browsing these web pages.

8.11. The Online Platform is not responsible for the material or content introduced by third parties on the website, whether viruses, trojans, programs, opinions, images, videos, data or content of any other kind.

8.12. The Online Platform reserves the right to cancel any account of any user and deny their access in case of breach of the Terms of Use.

9. Modification of the present conditions and other issues

9.1. The Terms of Use may be modified at any time and without prior notice by the owner of the Online Platform, and the conditions published at the time of access or use of the website will be applicable.

9.2. It will be the responsibility of the user to ensure from whomnes are the conditions in force at the time of using the services or placing an order on the website. The conditions will be published on the website permanently.

9.3. In the event that any of the conditions of use were declared totally or partially null and void by the competent courts or tribunals, the rest of the clauses will retain their full force and effect.

9.4. In the event that these conditions are written in more than one language, the Catalan version will take precedence.

10. Applicable law and jurisdiction of courts and tribunals

The Online Platform and the user expressly agree that this contract will be interpreted in accordance with the Spanish legislation in force when it was contracted. Likewise, the courts and tribunals determined by the legislation will be competent for the prosecution of any disagreement arising from these conditions, including among these those of the domicile of the consumer and user, as well as those of the place of fulfillment of the obligation

In accordance with article 14.1 of Regulation 524/2013 on online dispute resolution in consumer matters, we inform you of the existence of an online dispute resolution platform provided by the European Commission, as as of the possibility of submitting your claim through the same by accessing the link: https://ec.europa.eu/consumers/odr

Barcelona, June 7, 2023


PRIVACY AND DATA PROTECTION POLICY

GENERAL INFORMATION

Responsible: Associació Estilogràfica de Barcelona – Barcelona Pen Club, with registered office at Carrer Balmes 369, Entresòl 2a in Barcelona. NIF: G13650999. Email: info@barcelonapenclub.com

On behalf of the association, we process the information you provide us in order to offer the requested service, process your requests and, where appropriate, perform the invoicing thereof. The data provided based on your consent will be kept for as long as the commercial relationship is maintained or for the years necessary to comply with legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation to do so, or it is necessary to provide our services or process an order. You have the right to obtain confirmation as to whether Associació Estilogràfica de Barcelona – Barcelona Pen Club is processing your personal data, therefore you have the right to access it, rectify inaccurate data or request its deletion when the data already are not necessary.

Similarly, in each user’s account there is a section in which we ask for their authorization to offer products and services related to our activity and to gain their loyalty as a user.

DESCRIPTION OF THE RECORD OF TREATMENT ACTIVITIES

1. Name of the treatment record: users and partners
2. Purpose of treatment: management of the relationship with users and partners
3. Description of the categories of users and partners, and of the categories of personal data:

– Users and partners: people with whom a relationship is maintained as users and/or partners

– Categories of personal data: those necessary to maintain the indicated relationship. Invoicing, sending postal or e-mail advertising, associate service and loyalty

– Identification: first and last name, NIF or equivalent, postal address, telephone numbers, e-mail, identification codes and keys

– Bank details: for direct payments

4. The categories of recipients to whom the personal data was communicated or to be communicated:

– Banks and financial institutions

– Transport companies

– Any other entity necessary to carry out the contractual relationship with the user or partner

– Lawyers’ offices in case of claims

5. When possible, the deadlines for the deletion of the different categories of data will be those provided for by civil and fiscal legislation regarding the prescription of responsibilities.

RIGHTS OF DATA HOLDERS

All workers/in charge will be informed about the procedure to attend to the rights of the interested parties, clearly defining the mechanisms by which the rights can be exercised (electronic means, reference to the Data Protection Delegate if there is one, postal address, etc. ) taking into account the following:

– Upon presentation of their national identity document or passport, the holders of personal data (interested parties) will be able to exercise their rights of access, rectification, deletion, opposition and portability. The data controller must respond to the interested parties without undue delay.

– For the right of access, interested parties will be provided with the list of personal data available together with the purpose for which they have been collected, the identity of the recipients of the data, the retention periods, and the identity of the responsible before whom they can request rectification, deletion and opposition to the processing of the data.

– For the right of rectification will proceed to modify the data of the interested parties that were inaccurate or incomplete according to the purpose of the treatment.

– For the right of deletion, the data of the interested parties will be deleted when they express their refusal or opposition to the consent for the processing of their data and there is no legal duty to prevent it. The deletion of the data will necessarily involve the cancellation of the user or partner account.

– For the right of portability, the interested parties must communicate their decision and inform the person in charge, if applicable, about the identity of the new person in charge to whom to provide their personal data.

– The data controller must inform all persons with access to personal data about the terms of compliance to meet the rights of the interested parties, and the form and procedure in which these rights will be met.