Legal Notice

This website and all its content, including the services provided, belong to SOMOS ESENCIA. The companies that make up this group are:

TIBRIO SL with CIF B61143699 and registered office at Paseo Marítimo de la Barceloneta, 30. 08000 Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 36520, Folio 94, S.8, Sheet B 152077, contact telephone number 932251272, and email rgpd@somosesencia.es. Commercial name: Restaurant Agua.

TIERRA DEL NINOT S.L., with VAT number B66453838 and registered office at C/ Casanova, 133. 08036 Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 44.696, Folio 204, Page B 463858, contact telephone number 931311550 and contact email rgpd@rsomosesencia.es. Commercial Name: Restaurant Tierra Brava.

BRISA PALAU DE MAR S.L. with CIF B67047910 and registered office at Edifici Palau De Mar, Plaça de Pau Vila, 1, 08039 Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 46024, Folio 220, Page B 507108, contact telephone number 931311549 and contact email rgpd@somosesencia.es. Commercial name: Restaurant Brisa Palau de Mar.

ECOBAR SLU with CIF B44794931 and registered office at Av. Vilanova 11, 08018, Barcelona. Registered in the Mercantile Registry of Barcelona in Volume 48713, Folio 32, Page B593514 contact phone number 936 099 510 and email contact rgpd@somosesencia.es. Commercial name: Fauna Café and GatoPardo.

SUPERSANO SL, with Tax ID number B66514134 and registered office at C/ Roger de Llúria 124, local 2, 08037 Barcelona. Registered in the Barcelona Mercantile Registry in Volume 44766, Folio 51, Page 465847, Entry 1, contact telephone number 932075431, and contact email rgpd@somosesencia.es. Trade name: Bar Bauma.

PILBAN ACTUAL SL, with Tax ID number B64346182 and registered office at Pg. Marítim de la Barceloneta 1, 08003, Barcelona. Registered in the Barcelona Mercantile Registry in Volume 39003, Folio 33, Page B334767, contact telephone number 932 241 253, and contact email rgpd@somosesencia.es. Trade name: Restaurante Barraca.

MITFOR BROS, S.L, with VAT number B58513896 and registered office at Via Augusta 48-54 6º4, 08006 Barcelona, registered in the Mercantile Registry of Barcelona in Volume 9212, Folio 62, Page B-77217 1st Inscription, contact telephone number 937687482 and contact email rgpd@somosesencia.es.

1.- OBJECTIVE

SOMOS ESENCIA, how responsible for the website, offers users this document, which regulates the use of the website www.somosesencia.es with which we intend to comply with the obligations under Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE or LSSI), and inform all users of the website regarding what are the conditions of use of the website. SOMOS ESENCIA, provides users access and use of different services and content made available through the web. Any person accessing this website assumes the role of user and implies full and unreserved acceptance of each and every one of the provisions included in this legal notice, as well as any other legal provisions that may apply.

2.- CONDITIONS OF ACCESS AND USE OF THE WEBSITE

2.1. Free access and use of the website

The provision of services by SOMOS ESENCIA, is free for all users. However, some of the services provided by the provider through the Web may be subject to payment of a fee determined by the general conditions of contracting the paid service offered at any time, if any.

2.2. User Registration

In general the provision of services does not require prior subscription or registration of users. However, SOMOS ESENCIA conditions the use of some of the services to the prior completion of the corresponding user registration. This registration will be made in the manner expressly indicated in the section of the service itself.

2.3. Accuracy of information

All information provided by the User must be truthful. For these purposes, the User guarantees the authenticity of the data communicated through the forms for the subscription of the Services. It will be the responsibility of the User to keep all information provided to SOMOS ESENCIA permanently updated so that it responds, at all times, to their actual situation. In any case, the User will be solely responsible for any false or inaccurate statements made and the damages caused to the provider or third parties.

2.4. Minors

In order to use the services, minors must always obtain prior consent from their parents, guardians or legal representatives, who are ultimately responsible for all acts performed by minors in their care. The responsibility for determining the specific content accessed by minors lies with the minors, which is why if they access inappropriate content on the Internet, mechanisms must be established on their computers, in particular computer programs, filters and blocks, which allow them to limit the content available and, although not infallible, are particularly useful for controlling and restricting the material that minors can access.

2.5. Obligation to make proper use of the Web.

The User agrees to use the Web in accordance with the Law and this Legal Notice, as well as morality and good customs. To this end, the User shall refrain from using the page for illegal or prohibited purposes, harmful to the rights and interests of others, or in any way damage, disable, overburden, impair or impede the normal use of computer equipment or documents, files and all kinds of content stored on any computer equipment of the provider.

In particular, and by way of example but not exhaustively, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software and, in general, any kind of material that:

1. is contrary to, disregards or infringes upon the fundamental rights and public freedoms recognized in the Constitution, international treaties and other applicable laws;
2. induces, incites or promotes criminal, denigrating, defamatory, violent actions or, in general, actions contrary to the law, morality and public order;
3. induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
4. is contrary to the right to honor, to personal or family privacy or to one's own image;
5. in any way impairs the credibility of the lender or third parties; and
6. constitutes unlawful, misleading or unfair advertising.

EXCLUSION OF WARRANTIES AND LIABILITY

The provider disclaims any liability for the information published on our website, provided that this information has been manipulated or introduced by an outside third party.

This website has been checked and tested for proper operation. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, the provider does not rule out the possibility that there are certain programming errors, or that force majeure, natural disasters, strikes, or similar circumstances make it impossible to access the website.

SOMOS ESENCIA does not grant any warranty or liability, in any case, for damages of any kind that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; the existence of viruses, malicious or harmful programs in the contents; the unlawful, negligent, fraudulent or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, usefulness and availability of services provided by third parties and ademanes available to users on the website.

In no event shall the provider be liable for any damages arising from the illegal or improper use of this website.

4.- COOKIES

The provider's website may use cookies (small information files that the server sends to the computer of the person accessing the page) to carry out certain functions that are considered essential for the correct functioning and visualization of the site. The cookies used are, in any case, temporary, with the sole purpose of making navigation more efficient, and disappear at the end of the user's session.
In no case will cookies be used to collect personal information.
For more information, see our Cookies Policy.

5.- LINKS(LINKS)

From the website you may be redirected to third party web content. SOMOS ESENCIA is not responsible for the information and content stored on the websites of third parties, including but not limited to, forums, chats, blogs generators, comments, social networks or any other means that allows third parties to publish content independently of the provider's website. However, and in compliance with the provisions of art. 11 and 16 of the LSSICE, the provider is available to all users, authorities and security forces, and actively collaborating in the removal or, where necessary, blocking of all content that may affect or contravene national or international law, the rights of third parties or morality and public order. In the event that the user considers that there may be any link that directs to any content that could be susceptible to this classification, please notify the website administrator immediately.

6.- PROTECTION OF PERSONAL DATA

The provider is deeply committed to compliance with the rules of personal data protection and ensures full compliance with the obligations set forth, as well as the implementation of security measures provided for in the European Data Protection Regulation and Spanish data protection legislation. For more information, see our Privacy Policy.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The website, including but not limited to programming, editing, compilation and other elements necessary for its operation, designs, logos, text, photographs and/or graphics are the property of the provider or, if necessary, has the license or express authorization from the authors. All the contents of the website are duly protected by intellectual and industrial property regulations.

Regardless of the purpose for which they were intended, the total or partial reproduction, use, distribution and public communication require prior written authorization from the provider. Any use not previously authorized by the provider will be considered a serious breach of the intellectual or industrial property rights of the author.

The designs, logos, text and / or graphics outside the provider and that may appear on the website belong to their respective owners, being themselves responsible for any possible dispute that may arise in respect thereof. In any case, the provider has the express and prior authorization from them.

The provider recognizes in favor of their owners the corresponding industrial and intellectual property rights, not implying the mention or appearance on the website, the existence of rights or any responsibility of the provider on them, nor endorsement, sponsorship or recommendation by the same.

To make any comments regarding possible breaches of the rights of intellectual or industrial property, as well as on any of the contents of the website, you can do so through the email above.

8.- DURATION AND TERMINATION OF SERVICES

The services provided through the Website are in principle for an indefinite period of time. However, SOMOS ESENCIA may terminate or suspend any of the services provided through the Website. When possible, SOMOS ESENCIA will announce the termination or suspension of the provision of a particular service.

9.- FORCE MAJEURE

SOMOS ESENCIA will not be liable in case of impossibility to provide the services available through this Web Site, if this is due to prolonged interruptions of power supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or acts of God.

10.- APPLICABLE LAW AND JURISDICTION

This legal notice shall be interpreted in accordance with Spanish law.

In cases where one of the contracting parties acts in the position of CONSUMER, the specific regulations for the defense of Consumers and Users will apply.
Consumers and users may resolve any dispute before the competent court according to their place of residence or the registered office of SOMOS ESENCIA.
In the event that SOMOS ESENCIA initiates a legal action against a consumer, the courts of the jurisdiction of the domicile of the consumer will be competent.

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In all cases of commercial contracts, the parties agree to submit to the exclusive jurisdiction of the courts of BARCELONA.

Likewise, in the event of any claim, the user can access the telephone number and e-mail informed at the beginning of this legal notice as well as access the online dispute resolution platform of the European Union by following this link:  

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

11.- GENERAL CONDITIONS OF THE CONTRACT

11.1 Individuals

CANCELLATION POLICY AND NO SHOWS RESTAURANT

In case of not being able to attend, the user must cancel his/her reservation through the links provided in the email or SMS received when making the reservation, at least 12 hours before the date of the reservation. After this period, non-attendance or cancellation will have a cost of 25€ per diner (10% VAT included). Therefore, we ask for your credit card number and expiration date at the time of booking. No charge will be made at the time of booking.

If the user cannot find availability for the desired date, time, and number of people, they can make a request on the waiting list provided on the website or call +34 931 311 550.

11.2 Groups and Events

Payment policy (General regulation, any difference in the payment policy is correctly indicated in the specific budget).

The price shall be as stated in the quotation to be paid as follows:

Payment of 50% of the total price upon signing the quotation, at which time the event will be confirmed.

Payment of the remaining 50% of the total price is due on the date of the event.

Cancellation Policy

In case the User/Customer cancels the reservation prior to the stipulated date, the following penalties will be computed on the total price:  

If you cancel 15 working days before the date of the event, you will be charged a penalty of 50% of the total price.

If you cancel 7 working days in advance you will be charged a penalty of 100% of the total price agreed upon.

As for the number of attendees at the event:

The last day to close the number of attendees to the event is 7 working days before the event. The last number communicated via email will be invoiced if the number of attendees is down.

12.- CONSUMER AND USER COMPLAINTS

Any complaint that the User considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:

1. Postal: Via Augusta 48-54, 6 4, 08006, Barcelona.
2. Mail: hola@somosesencia.es
3. In accordance with the provisions of the Consolidated Text of the General Law for the Defense of Consumers and Users RD 1/2007 of November 16, 2007, consumers may exercise their right of withdrawal within 14 calendar days from the date on which the contract for the provision of event services was concluded. Under this rule, the withdrawal period is extended to 12 months when the entrepreneur had not complied with the duty of information and documentation on this right.

Name and Surname Consumer:
DNI:
Address:

WE ARE ESSENCE

Via Augusta 48-54, 6 4, 08006, Barcelona.

By means of this document, I exercise the right of withdrawal established in the Consolidated Text of the General Law for the Protection of Consumers and Users RD 1/2007, of November 16, with respect to all contracts signed with SOMOS ESENCIA (TIBRIO SL with Tax ID number B61143699, TIERRA DEL NINOT S.L., with Tax ID number B66453838, and BRISA PALAU DE MAR S.L., with Tax ID number B67047910, ECOBAR SL B44794931, with Tax ID number, SUPERSANO SL, with Tax ID number B66514134),  PILBAN ACTUAL SL with tax identification number B64346182 and MITFOR BROS, S.L with tax identification number B58513896.

X CONTRACT DATE X

The resolution that I am communicating to you, I exercise it within 14 calendar days from the date on which the contract was concluded, in accordance with the aforementioned rule, which extends the period of the right of withdrawal to 12 months when the employer had not complied with the duty of information and documentation on this right. I also inform you that I have not authorized the start of the service before the aforementioned 14 days.

Place, date and signature

(attach a photocopy of both sides of your ID card)

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