Legal notice
This web portal and all its content, including the services provided, belong to SOMOS ESENCIA. The companies that make up this group are as follows:
TIBRIO SL with tax identification number B61143699 and registered office at Paseo Marítimo de la Barceloneta, 30. 08000 Barcelona. Registered in the Barcelona Trade Register under volume 36520, folio 94, S.8, sheet B 152077, contact number 932251272, and contact email rgpd@somosesencia.es. Trade name: Agua .
TIERRA DEL NINOT S.L., with Tax ID number B66453838 and registered office located at C/ Casanova, 133. 08036 Barcelona. Registered in the Barcelona Trade Register under volume 44,696, folio 204, page B 463858, contact number 931311550, and contact email rgpd@rsomosesencia.es. Trade name: Restaurant Tierra Brava.
BRISA PALAU DE MAR S.L. with tax identification number B67047910 and registered office at Edifici Palau De Mar, Plaça de Pau Vila, 1, 08039 Barcelona. Registered in the Barcelona Trade Register under volume 46024, folio 220, page B 507108, contact number 931311549 and contact email rgpd@somosesencia.es. Trade name: Restaurant Brisa Palau de Mar.
ECOBAR SOUTH with tax identification number B44794931 and registered office at Av. Vilanova 11, 08018, Barcelona. Registered in the Barcelona Trade Register in volume 48713, folio 32, sheet B593514, contact number 936 099 510 and contact email rgpd@somosesencia.es. Trade name: Fauna Café and GatoPardo.
SUPERSANO SL with tax identification number B66514134 and registered office located at C/ Roger de Llíria 124, local 2, 08037 Barcelona. Registered in the Barcelona Trade Register in volume 44766, folio 51, page 465847, entry 1, contact number 932075431, and contact email rgpd@somosesencia.es. Trade name: Bar Bauma.
PILBAN ACTUEL SL with CIF B64346182 and registered office at Pg. Marítim de la Barceloneta 1, 08003, Barcelona. Registered in the Barcelona Trade Register under volume 39003, folio 33, sheet B334767, contact number 932 241 253, and contact email rgpd@somosesencia.es. Trade name: Barraca Restaurant.
MITFOR BROS, S.L., with Tax ID No. B58513896 and registered office at Vía Augusta 48-54 6º4, 08006 Barcelona Registered in the Barcelona Trade Register in volume 9212, folio 62, sheet B-77217, entry 1, contact number 937687482, and contact email rgpd@somosesencia.es.
1.- OBJECTIVE
SOMOS ESENCIA, as the entity responsible for the website, provides users with this document, which regulates the use of the website www.somosesencia.es, with which we intend to comply with the obligations established by Law 34/2002 on information society services and electronic commerce (LSSICE or LSSI), as well as informing all users of the website about the conditions of use of the website. SOMOS ESENCIA allows users to more easily access and use the various services and content made available on the website. Anyone who accesses 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.- TERMS OF ACCESS AND USE OF THE WEBSITE
2.1. Free access and use of the site
The provision of services by SOMOS ESENCIA is free for all users. However, some of the services provided by the supplier via the Web may be subject to payment of a certain price under the general terms and conditions of subscription to the payment service offered at any time, where applicable.
2.2. User registration
In general, the provision of Services does not require prior subscription or registration by Users. However, WE ARE ESSENCE s the use of certain services conditional upon the prior completion of registration by the corresponding User. This registration will be carried out in the manner expressly indicated in the service section itself.
2.3. Accuracy of information
All information provided by the user must be truthful. To this end, the User guarantees the authenticity of the data communicated through the Service subscription forms. It shall be the User's responsibility to continuously update all information provided to SOMOS ESENCIA so that it reflects their actual situation at all times. In any case, the User shall be solely responsible for any false or inaccurate statements made and for any damage caused to the provider or to third parties.
2.4. Minors
To use the services, minors must always obtain the prior consent of their parents, guardians, or legal representatives, who are ultimately responsible for all acts performed by the minors in their care. The responsibility for determining the specific content that minors access lies with them. Therefore, if they access inappropriate content on the Internet, mechanisms must be put in place on their computers, in particular computer programs, filters, and blocks, to limit the content available. Although these are not foolproof, they are particularly useful for controlling and restricting the content that minors can access.
2.5. Obligation to use the website correctly.
The user agrees to use the website in accordance with the law and these legal notices, as well as with morality and good manners. To this end, the User shall refrain from using the page for illegal or prohibited purposes, infringing on the rights and interests of third parties, or in a manner that could damage, disable, overload, deteriorate, or prevent the normal use of computer equipment or documents, files, and all types of content stored on any of the provider's computer equipment.
In particular, and by way of example but not limited to, the User agrees not to transmit, disseminate, or make available to third parties any information, data, content, messages, graphics, drawings, sound or image files, photographs, recordings, software, and, in general, any type of material that:
- contradicts, disregards, or violates fundamental rights and civil liberties recognized in the Constitution, international treaties, and other regulations in force;
- incites, encourages, or promotes criminal, disparaging, defamatory, violent acts, or, in general, acts contrary to the law, morality, and public order;
- provokes, incites, or promotes discriminatory actions, attitudes, or thoughts based on gender, race, religion, beliefs, age, or condition;
- it is contrary to the right to honor, personal or family privacy, or self-image of individuals;
- damage in any way to the credibility of the supplier or third parties; and
- constitutes illegal, misleading, or unfair advertising.
3.- EXCLUSION OF WARRANTIES AND LIABILITY
The supplier is exempt from any liability arising from the information published on our website, provided that this information has been manipulated or entered by an external third party.
This website has been reviewed and tested to ensure it functions correctly. In principle, proper functioning can be guaranteed 365 days a year, 24 hours a day. However, the provider does not exclude the possibility that certain programming errors may be present or that force majeure, natural disasters, strikes, or similar circumstances may make it impossible to access the website.
SOMOS ESENCIA makes no warranties and is in no way liable for damages of any kind that may result from the lack of availability, maintenance, and effective operation of the website or its services and content; the existence of viruses, malware, or harmful programs in the content; illegality, negligence, fraud, or anything contrary to this legal notice and the terms of use; or the lack of legality, quality, reliability, usefulness, and availability of the services provided by third parties and intended to provide information to users on the website.
The provider is in no way liable for any damage that may result from illegal or inappropriate use of this website.
4.- BISCUITS
The supplier's website may use cookies (small information files that the server sends to the computer of the person accessing the page) to perform certain functions considered essential for the proper functioning and display of the site. The cookies used are, in all cases, temporary, for the sole purpose of making navigation more efficient, and they disappear at the end of the user's session.
Cookies will not be used to collect personal information under any circumstances.
For more information, please see our Cookie Policy.
5.- LIENS (LIENS)
From the website, you may be redirected to content from third-party websites. SOMOS ESENCIA is not responsible for the information and content stored on third-party websites, including, but not limited to, forums, chats, blog generators, comments, social networks, or any other medium that allows third parties to publish content independently of the provider's website. However, in accordance with the provisions of Articles 11 and 16 of the LSSICE, the provider is available to all users, authorities, and security forces, and actively collaborates in the removal or, where appropriate, blocking of any content that may affect or contravene national or international legislation, the rights of third parties, or morality and public order. If the user considers that there may be a link to content that could fall under this classification, please inform the website administrator immediately.
6.- PROTECTION OF PERSONAL DATA
The supplier firmly undertakes to comply with personal data protection regulations and guarantees full compliance with the established obligations, as well as the implementation of the security measures provided for in the European Data Protection Regulation and Spanish data protection regulations. For more information, please see our Privacy Policy.
7. INTELLECTUAL AND INDUSTRIAL PROPERTY
The website, including, but not limited to, the programming, editing, compilation, and other elements necessary for its operation, the designs, logos, texts, photographs, and/or graphics are the property of the provider or, where applicable, are licensed or expressly authorized by the authors. All content on the website is 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 the prior written authorization of the supplier. Any use not previously authorized by the supplier will be considered a serious violation of the author's intellectual or industrial property rights.
The designs, logos, texts, and/or graphics other than those of the provider that may appear on the website belong to their respective owners, who are themselves responsible for any controversy that may arise in relation to them. In all cases, the provider has their express prior authorization.
The supplier acknowledges the corresponding industrial and intellectual property rights of its owners, without implying the mention or appearance on the website of the existence of rights or any responsibility of the supplier in this regard, nor any approval, sponsorship, or recommendation on the part of the supplier.
To make any comments regarding possible violations of intellectual or industrial property rights, as well as regarding any content on the website, you can do so via the email address mentioned above.
8.- DURATION AND TERMINATION OF SERVICES
In principle, the services provided through the website are for an indefinite period. However, WE ARE ESSENCE may terminate or suspend any of the services provided through the website. Where possible, WE ARE ESSENCE will announce the termination or suspension of the provision of the given service.
9.- CASES OF FORCE MAJEURE
NOUS SOMMES L'ESSENCE shall not be liable if it is impossible to provide the services available on this website due to prolonged interruptions in the supply of electricity, telecommunications lines, social conflicts, strikes, rebellions, explosions, floods, acts and omissions of the government, and in general all cases of force majeure or fortuitous events.
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 as a CONSUMER, specific regulations for the protection of consumers and users shall apply.
Consumers and users may resolve any dispute before the competent court based on their place of residence or at the registered office of SOMOS ESENCIA.
In the event that SOMOS ESENCIA takes legal action against a consumer, the courts of the jurisdiction of the consumer's domicile shall have jurisdiction.
In all cases of commercial contracts, the parties agree to submit to the exclusive jurisdiction of the courts of BARCELONA.
In addition, in the event of a complaint, users can access the telephone number and email address provided at the beginning of this legal notice, as well as access the European Union's online dispute resolution platform by following this link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
11.- GENERAL TERMS AND CONDITIONS OF THE CONTRACT
11.1 Individuals
CANCELLATION POLICY AND RESTAURANT PROHIBITED FROM SHOWING UP
If this is not possible, the user must cancel their reservation using the links provided for this purpose in the email or text message they received when making the reservation, at least 12 hours before the reservation date. After this period, no-shows or cancellations will incur a charge of €25 per person (including 10% VAT). This is why we ask for your card number and expiration date when you make your reservation. No charges will be made at the time of your reservation.
If the user cannot find availability for the desired date, time, and number of people, they can submit a request on the waiting list activated on the website or call +34 931 311 550.
11.2 Groups and events
Payment policy (General regulations, there is a certain difference in what is established in the payment policy, correctly indicated in the specific budget)
The price will be that stated in the budget and will be paid as follows:
Payment of 50% of the total price upon signing the quote, at which point the event will be confirmed.
The remaining 50% of the total price will be paid on the date of the event.
Cancellation policy
If the user/customer cancels the reservation before the stipulated date, the following penalties will be calculated on the total price:
If you cancel 15 business days before the date of the event, you will be charged a penalty of 50% of the total price.
If you cancel 7 business days in advance, you will be charged a penalty of 100% of the total agreed price.
Regarding the number of participants in the event:
The last day to finalize the number of participants for the event is 7 business days before the event. The last number communicated by email will be billed if it is downgraded.
12.- COMPLAINTS FROM CONSUMERS AND USERS
Any complaint deemed appropriate by the User will be dealt with as quickly as possible and may be submitted to the following contact addresses:
- Mailing address: Via Augusta 48-54, 6 4, 08006, Barcelona.
- Email: hola@somosesencia.es
- In accordance with the provisions of the consolidated text of the General Law for the Protection of Consumers and Users RD 1/2007 of November 16, consumers may exercise their right of withdrawal within 14 calendar days from the date of conclusion of the contract for the provision of event services. In accordance with this rule, the withdrawal period is extended to 12 months when the employer has not complied with its obligation to provide information and documents relating to this right.
Consumer's first and last name:
USERNAME:
Address:
WE ARE THE 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 regard 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, ÉCOBAR SL, with Tax ID number B44794931, SUPERSANO SL, with Tax ID number B66514134), PILBAN ACTUEL SL with tax ID number B64346182 and MITFOR BROS, S.L. with tax ID number B58513896.
X CONTRACT DATE X
The resolution I am communicating to you is exercised within a period of 14 calendar days from the date of conclusion of the contract, in accordance with the aforementioned rule, which extends the withdrawal period to 12 months when the contractor has not complied with the obligation to provide information and documentation relating to 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
(please attach a photocopy of both sides of your ID card)
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