TERMS OF USE

1 PRELIMINARY

  • Created by: Mundo Reader S.L.
  • Registered office: Calle Sofía, 10, Parque Industrial y Tecnológico Európolis, 28232 Las Rozas (Madrid).
  • Corporate tax ID: B85991941.
  • Registry details: filed with the Companies Registry of Madrid on 14 July 2010 at volume 27,956, page 113, section 8, sheet M503544.
  • Email address: contact@bq.com.

By entering, browsing and using the Website (the “Website”), you expressly and unequivocally accept these Terms of Use, which are equally as valid and effective as any written contract.

Any person who enters, browses or uses the Website must observe and abide by these Terms of Use. If you do not agree with these terms, do not enter, browse, or use the Website.

2 SUBJECT

These Terms of Use govern access to and subsequent browsing and use of this Website, although BQ reserves the right to modify the layout, configuration and contents of the Website and change the conditions and requirements for entering and/or using the site. By entering the Website and using Website content after the relevant modifications or changes have taken effect, you are accepting such modifications or changes.

Nevertheless, access to certain content and use of certain services may be subject to special terms and conditions, which will invariably be displayed on screen and must be expressly accepted beforehand. These special terms may replace, further specify, or modify these Terms of Use.

BQ reserves the right to modify any or all of these Terms of Use by publishing any change in the same way as it has published these Terms of Use. Changes to essential elements of these terms must be notified in advance in order to take effect.

You are likewise informed of your rights and obligations in relation to the content displayed on the Website, including information on products, the logos and brands used, and your liability deriving from improper use of the service.

When interpreting these Terms of Use, we will treat you as a user from the time you accept the Terms of Use and Privacy Policy displayed on the Website store.bq.com, with acceptance implicit from your browsing and use of the Website.

3 REGISTRATION

Except where stated otherwise, registration is free and is not required in order to enter and browse the Website.

Underage users are prohibited from entering the Website. However, if an underage user does enter the Website and register, it will be presumed that they have already obtained the express consent of their parents, guardians, or legal representatives, with BQ entitled to conduct any checks it sees fit.

You may browse the BQ Website without registering. However, registration will make it easier for you to manage your shopping basket, return products and manage your orders via your account.

If you do not already have a user name and password for the Website, you may sign up here: store.bq.com, where you will be required to enter all your details. Please make sure that these are correct, as this will allow us to swiftly process and dispatch any orders you make in the future and manage and oversee the commercial relationship.

In no event will BQ be liable for any inaccuracy in the data you provide when registering. Accordingly, you alone will be liable for any undesired consequences, errors, or faults deriving from any incorrect or inaccurate details provided.

Upon registering as a user, you accept that your account is personal and non-transferable.

If you select a password that fails to meet the minimum security requirements of BQ, we will advise you of the problem and of the requirements the password must meet before we can register you as a BQ user.

As a user, you undertake to exercise caution when using your password and to keep it secret, without revealing it to any third party. You alone will be responsible for keeping and ensuring the confidentiality of any credentials and/or passwords you select and you alone will be liable for any improper or illegal use of the BQ Website by any unauthorised third party who uses your password as a result of your incautious use or loss of the password.

Accordingly, you shall notify BQ immediately of any event or occurrence that could lead to the improper use of your credentials and/or passwords, such as theft, loss, or unauthorised access, so that BQ may revoke them with immediate effect. Until this notification is made, BQ will not be held liable for any improper use of the credentials or passwords by unauthorised third parties.

You may cancel your membership of the BQ Website at any time by writing to contact@bq.com, indicating your user name and the specific service you wish to cancel.

Once you have cancelled your membership, you are free to register again, although BQ reserves the right to refuse the request should the registration violate or breach these Terms of Use.

4 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

BQ owns or, as the case may be, holds the relevant licenses over the intellectual and industrial property rights and exploitation rights over the Website and over all the content offered on the Website, including the platform itself, text, photographs and illustrations, logos, brands, display elements, designs, interfaces, and any other information or content and the services available through the Website.

In no event will the act of entering, browsing or using the Website or using, acquiring and/or arranging the products and services offered through the site entail or imply a waiver, transfer, license, or total or partial assignment of those rights by BQ. As a user, you are entitled to use Website content and/or services strictly for household or domestic purposes and for the sole purpose of enjoying the services BQ offers in accordance with these Terms of Use.

All references made to trade marks or trade names, or other distinctive signs, whether owned by BQ or third-party companies, implicitly include the prohibition on using such marks or names without first obtaining the consent of BQ or of the lawful owners. In no event will the act of entering, browsing, or using the Website and/or Website content confer any right on the user over the distinctive signs included on the site.

BQ reserves all intellectual and industrial property rights over Website content and/or services. In particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform, or distribute, by any means or in any way, any of the content included on the Website for either public or commercial purposes without first obtaining the express written consent of BQ, or, as the case may be, of the owner of the rights in question.

Likewise, it is prohibited to delete, remove, or tamper with the copyright information or other credits that identify the holders of the rights over the Website content. This prohibition extends also to the technological protection measures, digital fingerprints and any other protection measure or information contained in the content offered through the Website.

Should you send us any kind of information through any of the channels set up for that purpose, you declare, warrant and accept that you are fully entitled to provide that information and that the information does not violate or infringe any intellectual or industrial property right, trade secret, or any other third-party rights, and that it is not confidential or damaging or harmful to third parties.

You will be liable and will hold the service supplier harmless in respect of any communication you make personally or on its behalf, with this liability extending without restriction to the accuracy, lawfulness, originality and ownership of the information in question.

Should you become aware of the existence of any unlawful or illegal content, or of any content that could infringe intellectual and/or industrial property rights, you must promptly report the incident by writing to compliance@bq.com so that we may act accordingly.

Similarly, if you have reason to believe that any content on the BQ Website infringes your intellectual and/or industrial property rights, or any other rights, please be sure to write to compliance@bq.com and provide the following information:

  • Full name and contact details of the claimant or of their legal representative.
  • Document evidencing their ownership of the rights that have allegedly been infringed.
  • Detailed description of the rights that BQ has supposedly infringed, as well as their exact location within the Website.
  • Express statement by the claimant contending that the content has been used without the consent of the owner of the rights that have allegedly been infringed.

5 LINKS

Should the Website contain links to other web pages through buttons, links, banners or embedded content, BQ reminds you that these links are directly managed by third parties and that BQ has neither the human or technical resources needed to carry out advance checks and/or control and/or approve the information, content, products or services provided by other platforms to which there may be links on the Website.

Accordingly, BQ accepts no liability whatsoever in respect of platforms or web pages to which links may exist on the Website, with this exclusion of liability extending specifically, but without limitation, to the functioning of or access to those platforms or pages, the data, information and files they contain, the quality and trustworthiness of the products and services they offer, their own links and/or, in general, any content they may contain.

Should you become aware of any activity carried out through those third-party web pages that is illegal, immoral or indecent and/or constitutes a policy nuisance, you must notify BQ without delay so that it may take down the link to the offending page as quickly as possible.

In any event, setting up any kind of link from the Website to another third-party web page does not imply the existence of any kind of relationship, collaboration, or dependency between BQ and the party responsible for that third-party page.

BQ uses different tools and applications to offer you links to the Website channels and pages. These links are maintained on different platforms and social networks belonging to and/or managed by third parties (including Facebook, Twitter, Pinterest and Google+). The inclusion of these links to the Website is intended solely to provide access to BQ channels across the different platforms and social networks.

The existence of these applications does not imply the existence of any relationship between BQ and the holder, manufacturer, or distributor of the linked platform, and nor does it constitute acceptance or approval by BQ of any such content and/or services, with the holder, manufacturer, or distributor remaining entirely responsible and liable in this regard.

BQ never shares any private information on its users with Facebook, Twitter, or with any other social network that may be set up in the future. This private information is used solely for the purposes set out in these Terms of Use and in the Privacy Policy for the Website. In this regard, you will be entirely responsible and liable for any information you wish to provide to these platforms, with BQ playing no part in the process.

Activation and use of these applications may require you to authenticate your identify on the relevant platforms, which are entirely unrelated to the Website and beyond the control of BQ. BQ has no control over these external networks and therefore accepts no liability whatsoever for the security features and set-up of those environments.

Since BQ has no control over the content hosted on those channels, you acknowledge and accept that BQ is in no way liable for any content or services you may encounter on such pages, or for any content, products, services, advertising or any other material available there. As such, you must exercise caution when using or relying on the information, content and services present on the linked channels, and in relation to the proprietary and third-party information to be shared through those channels.

BQ does not authorise the posting of links to the Website from pages that contain material or information that is unlawful, illegal, degrading, or obscene, or which, in general, violates applicable law, moral decency or public order, or generally accepted social norms.

As a user, you are entitled in all cases to create links on your web pages that point to the Website, provided they meet the following requirements: a) the link may not reproduce any Website content in any shape or form; b) no browser or border environment may be created over the sections of the Website, and nor may the Website be modified in any other way; c) you are not allowed to make false, inaccurate, or incorrect statements or indications concerning the Website and/or, in particular, make claims or lead others to believe that BQ has authorised the link or supervised or otherwise assumed and accepted the content and services offered or made available at the web page on which the link has been set up; d) the web page on which the link to the Website has been set up may not contain information or content that is unlawful, morally indecent, or contrary to generally accepted good behaviour and custom and public order, and nor may it contain content that infringes any third-party rights, including intellectual and industrial property rights and/or the right to honour, to personal and family privacy, to image rights and to any other right, or that violates applicable personal data protection law and regulations.

BQ possesses insufficient human and technical resources to detect, control or approve all the information, content, products, or services provided by other web pages that have set up links pointing to the Website. BQ accepts no liability whatsoever in relation to any web page containing links pointing to the Website, with this exclusion of liability extending specifically, but without limitation, to its functioning or access, the data, information and files it contains, the quality and trustworthiness of the products and services it offers, its own links and/or, in general, any content it may contain.

6 RULES GOVERNING USE OF THE WEBSITE

Entering or using the Website for illegal or unauthorised pursuits, whether or not for financial gain, is not permitted and you will be entirely liable for the consequences of any such actions. In particular, the following activities are prohibited:

  • using the Website in any way that could cause damage, interruptions, inefficiencies, or defective functioning affecting the Website or third-party computers;
  • using the Website to transfer, install, or publish any virus, malicious code, or other harmful or damaging programmes or files;
  • using the Website to gather personal data from other users;
  • using the Website illegally, in bad faith, or in any way that is morally indecent or constitutes a public nuisance;
  • using false credentials to register through the Website, committing identity theft, or using a profile or engaging in any other action that might confuse other users as to the real source of a message;
  • attempting to access, unless authorised to do so, any section of the Website, other systems or networks connected to the Website, any BQ server, or any services offered through the Website, through the use of piracy or falsification, password mining, or any other illegal means;
  • disabling, or attempting to disable, the security or authentication measures of the Website or of any network connected to the Website, or the security or other measures set up to protect the content offered on the Website;
  • acting in any way that might trigger or cause a disproportionate or unnecessary saturation of Website infrastructure, of BQ systems or networks, or of systems and networks connected to the Website; or
  • preventing or frustrating the normal functioning and staging of any event, competition, promotion, or any other activity made available through the Website or any of its functions, whether by altering or attempting to alter, illegally or otherwise, the entry, participation, or functioning of such activities, or falsifying the results and/or employing any kind of fraudulent methods or procedure for taking part, and/or through any practice that violates or infringes these Terms of Use in any way.

Breach of any of the above obligations may prompt BQ to pursue legal action and exercise its rights, and also to eliminate or block the account of the offending user, without this generating any right to compensation for any resulting damage or loss.

Likewise, the Website provides areas where you can participate, publish your own content and/or share your own content or that published by BQ. These areas or sections may be BQ’s own, in which case they are controlled by BQ, or third-party, such as in the case of independent social networks unrelated to our company, for which we accept no responsibility or liability whatsoever for their proper functioning or for the requirements and policies prescribed by their owners. In these cases, it is the user who must accept and assume the treatment of data published on such platforms.

Please note that when you take part in any of these areas or sections, other Website users will be able to access and use all the content published by you. BQ has no control over how other people will use the content and therefore accepts no liability in this regard. BQ advises you not to publish personal data or material protected by intellectual, industrial property or any other rights.

To ensure that the Website remains a secure environment and to protect our users, the following content is absolutely prohibited:

  • any content deemed to breach in any way the fundamental right to honour and to personal and family privacy and the image rights of third parties, particularly children;
  • any content that includes photographs containing the personal images or data of third parties without having obtained the consent of the subject;
  • any content that breaches the secrecy of correspondence or violates intellectual or industrial property rights or applicable personal data protection law and regulations;
  • any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent, or in any way morally indecent or a public nuisance;
  • any material that contains spam and/or links to sites without bearing any relationship to the surrounding space;
  • any material that includes publicity or commercial communications for advertising purposes or for gathering data for those same purposes.

Any user that breaches these prohibitions will be liable for any claim arising as a result of the breach. Even where no claims are lodged by injured parties, BQ reserves the right to bar the offending user from the Website and to ban them from the specific spaces or sections contained on the Website.

BQ does not control the content you post on the Website and accepts no liability whatsoever for such content. Nevertheless, BQ reserves the right to supervise and/or moderate any content posted by users and to edit or remove it should it breach these Terms of Use or the Privacy Policy. Likewise, if you encounter any information or content on the Website that you consider unsuitable or illegal, or that violates Website terms and conditions, we would ask you to report the matter to BQ without delay through any of the channels provided.

7 LIABILITY

BQ is unable to guarantee the reliability, utility, or accuracy of any information and/or services contained on the Website, or the utility or accuracy of the documentation made available through the Website.

Accordingly, BQ cannot guarantee and therefore accepts no liability in relation to:

  • the continuity of Website content;
  • the absence of errors from such content;
  • the absence of viruses and/or harmful components on the Website or on its host server;
  • the invulnerability of the Website and/or the impossibility of breaching the security measures contained on the Website;
  • Website content that proves unhelpful or fails to perform;
  • damage and loss caused by any person that violates the terms, rules, or instructions that BQ provides on the Website or that violates the Website security measures, whether the damage is caused to that same person or to third parties.

This notwithstanding, BQ warrants that it has adopted all necessary measures within its power and in view of the state-of-the-art to ensure the functioning of the Website and reduce the number of system errors, including both technical faults and issues concerning the content published on the Website.

BQ cannot guarantee the lawfulness, reliability and utility of the content supplied by third parties through the Website. Should you become aware of the existence of any unlawful or illegal content, or of any content that could violate third-party rights, you should report the incident to the Website supplier without delay so that it may act accordingly.

BQ will not be held liable for the accuracy, integrity, or currentness of information published on the Website that derives from sources unrelated to the Website, nor for the content contained on any other platforms to which Website links may point. BQ accepts no liability for any damage or loss that could arise due to the use of or reliance on such information.

8 USPENSION OF THE WEBSITE

BQ reserves the right to temporarily or permanently suspend, modify, ban, or refuse entry, navigation, use, hosting and/or the downloading of content and/or use of Website services, with or without notice, in respect of any user that violates these Terms of Use and without this generating the right to seek compensation.

9 MISCELLANEOUS

The headings of the different sections of these Terms of Use are included for information purposes only and will not affect, qualify, or broaden the interpretation of these Terms of Use. BQ may also modify any of the provisions of these Terms of Use by publishing any change in the same way as it has published these Terms of Use, or by notifying users of the change through any other channel.

These Terms of Use will therefore continue to take effect for as long as they remain posted and until modified fully or in part, whereupon the new modified Terms of Use will take effect.

Regardless of any special terms and conditions that may exist, BQ may terminate, suspend, or interrupt access to Website content at any time and without the need for prior notice, without this entitling users to seek compensation. Following this termination, the prohibitions on the use of the content described above will continue to apply.

Similarly, BQ may suspend or cancel your profile automatically and without prior notice should you breach these Terms of Use and in no event will any such suspension or cancellation entitle you to receive compensation. For these purposes, be advised that BQ may report the matter to the police and the competent courts should it become aware of any illegal or unlawful conduct or should it suspect that any crime or offence has been committed.

The arrangement and payment of any products and/or services offered by BQ will be governed by the general and/or special terms and conditions for the product or service in question.

Should these Terms of Use contradict or differ from the special terms and conditions for each specific Website service, the latter will take precedence.

If any provision of these Terms of Use is found to be null or ineffective, whether fully or in part, by any competent court or administrative body, this finding of nullity or ineffectiveness will not affect the remaining provisions of these Terms of Use.

Failure by BQ to exercise any right or privilege contained in these Terms of Use will not constitute a waiver of that right or privilege, unless BQ specifically states as much in writing.

10 GOVERNING LAW AND JURISDICTION

Where applicable law allows the parties to have their claims and grievances heard at a specific forum or venue, be advised that any dispute concerning or in connection with this Website will be governed by the laws of Spain in effect at the time of the dispute and will be heard by the courts of Madrid (Spain) and, where applicable, by the arbitration courts for consumer or similar matters to which we are adhered at the time the dispute arises.

Madrid, February 16th 2017.