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:

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

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

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 Barcelona Mercantile Registry under Volume 46024, Folio 220, Sheet B 507108, contact number 931311549 and contact email rgpd@somosesencia.es. Commercial name: Brisa Palau de Mar Restaurant.

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

SUPERSANO SL with CIF B66514134 and registered office at C/ Roger de Llíria 124, local 2, 08037 Barcelona. Registered in the Barcelona Mercantile Registry in Volume 44766 Folio 51, Sheet 465847, Registration 1, contact number 932075431 and contact email rgpd@somosesencia.es. Commercial name: Bar Bauma.

PILBAN ACTUAL SL with CIF B64346182 and registered office in Pg. Marítim de la Barceloneta 1, 08003, Barcelona. Registered in the Barcelona Mercantile Registry under Volume 39003, Folio 33, Sheet B334767, contact number 932 241 253 and contact email rgpd@somosesencia.es. Commercial name: Barraca Restaurant.

MITFOR BROS, S.L., with CIF B58513896 and registered office at Vía Augusta 48-54 6º4, 08006 Barcelona Registered in the Mercantile Registry of Barcelona in Volume 9212, Folio 62, Sheet B-77217 Registration 1, contact number 937687482 and contact email rgpd@somosesencia.es.

1.- OBJECT

SOMOS ESENCIA, as responsible for the website, makes available to users 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 terms of use of the website. SOMOS ESENCIA, makes it easier for users to access and use different services and content made available through the web. Every person 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.- CONDITIONS OF ACCESS AND USE OF THE WEB

2.1. Free access to and use of the website

The provision of services by SOMOS ESENCIA is free of charge for all Users. However, some of the services provided by the provider through the Web may be subject to the payment of a certain price under the general conditions of contracting the payment service offered at any given time, if appropriate.

2.2. User Registration

In general, the provision of the Services does not require the prior subscription or registration of Users. Even so, WE ARE ESSENCE conditions the use of some of the services on the prior completion of the corresponding User registration. This registration will be carried out in the manner expressly indicated in the service section itself.

2.3. Veracity of the information

All information provided by the User must be true. For these purposes, the User guarantees the authenticity of the data communicated through the forms for subscribing to the Services. It will be the User's responsibility to keep all the information provided to SOMOS ESENCIA permanently updated so that it responds, at all times, to their real situation. In any case, the User will be solely responsible for any false or inaccurate statements made and for any damages caused to the provider or 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 under their care. The responsibility for determining the specific content that minors access lies with those, 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, to limit the content available and, although they are not infallible, are of special use to control and restrict the materials that minors can access.

2.5. Obligation to make proper use of the Web.

The User undertakes to use the Website in accordance with the Law and this Legal Notice, as well as to morals and good morals. To this end, the User will refrain from using the page for illegal or prohibited purposes, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent 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 indication but not exhaustive, 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:

is contrary to, despises or violates fundamental rights and public freedoms recognized constitutionally, in international treaties and other regulations in force;
induces, incites or promotes criminal, denigrating, defamatory, violent or, in general, contrary to law, morality and public order;
induces, incites or promotes discriminatory actions, attitudes or thoughts based on sex, race, religion, beliefs, age or condition;
is contrary to the right to honor, to personal or family privacy, or to people's self-image;
in any way impairs the credibility of the provider or third parties; and
constitutes unlawful, misleading or unfair advertising.

3.- EXCLUSION OF GUARANTEES AND LIABILITY

The provider is exempt from any type of responsibility derived from the information published on our website, provided that this information has been manipulated or introduced by an external third party.

This website has been reviewed and tested to work properly. In principle, proper operation can be guaranteed 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 there may be causes of force majeure, natural disasters, strikes, or similar circumstances that make it impossible to access the website.

SOMOS ESENCIA does not grant any guarantee nor is it responsible, under any circumstances, for damages of any nature that may arise from the lack of availability, maintenance and effective operation of the website or its services and contents; for the existence of viruses, malicious or harmful programs in the contents; for the illegal, negligent, fraudulent or contrary to this Legal Notice and conditions of use; or the lack of legality, quality, reliability, utility and availability of the services provided by third parties and claims to provision of users on the website.

The provider is not responsible under any circumstances for damages that may result 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 proper functioning and visualization of the site. The cookies used are, in any case, temporary, with the sole purpose of making browsing more efficient, and they disappear at the end of the user's session.
Under no circumstances will cookies be used to collect personal information.
For more information, see our Cookie Policy.

**5.- LINKS (LINKS)**

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, in 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 compliance with the provisions of art. 11 and 16 of the LSSICE, the provider makes himself available to all users, authorities and security forces, and actively collaborates in the removal or, when necessary, the blocking of all 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 that leads to any content that could be susceptible to this classification, please immediately notify the website administrator.

6.- PROTECTION OF PERSONAL DATA

The provider is deeply committed to complying 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 the Spanish data protection regulations. For more information, 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, if necessary, has the express license or authorization of 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, 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 author's intellectual or industrial property rights.

The designs, logos, texts and/or graphics other than the provider and that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise regarding them. In any case, the provider has their express and prior authorization.

The provider recognizes in favor of its owners the corresponding industrial and intellectual property rights, not implying the mention or appearance on the website of the existence of rights or any responsibility of the provider over them, nor does it imply endorsement, sponsorship or recommendation on the part of the provider.

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

8.- DURATION AND TERMINATION OF SERVICES

In principle, the services provided through the Website have an indefinite duration. However, WE ARE ESSENCE you may terminate or suspend any of the services provided through the Website. When this is possible, WE ARE ESSENCE will announce the termination or suspension of the provision of the given service.

9.- FORCE MAJEURE

WE ARE ESSENCE will not be responsible if it is impossible to provide the services available through this Website, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, 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 will be interpreted in accordance with Spanish legislation.

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

In addition, in the event of any complaint, the user can access the telephone number and email 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 CONDITIONS OF THE CONTRACT

11.1 Individuals

CANCELLATION POLICY AND NO SHOWS RESTAURANT

If they are unable to attend, the user must cancel their reservation using the links provided for this purpose in the email or SMS they received when making the reservation, at least 12 hours before the date of the reservation. After that period, non-attendance or cancellation will cost 25€ per person (10% VAT included). Therefore, we ask for your card number and the expiry date when you make your reservation. No charge will be made at the time of your reservation.

If the user does not find availability for the desired date, time and number of people, they can make a request on the Waiting List enabled on the website or call +34 931 311 550

11.2 Groups and Events

Payment Policy (General regulations, there is some difference in what is established in the payment policy is indicated correctly in the specific budget)

The price will be the one expressed in the budget that will be paid as follows:

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

Payment of 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 day, they will have the following penalties calculated on the total price:

If you cancel 15 business days before the date of the event, you will have a penalty of 50% of the total price.

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

Regarding the number of attendees at the event:

The last day to close the number of attendees at the event is 7 business days before the event. The last number communicated via email will be billed if it is downgraded.

12.- CONSUMER AND USER COMPLAINTS

Any complaint that the User deems appropriate will be answered as soon as possible, and can be made at the following contact addresses:

Postal: 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 Defense of Consumers and Users RD 1/2007, of November 16, 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. In accordance with this rule, the deadline for withdrawal is extended to 12 months when the employer has failed to comply with the duty to provide information and documentation on this right.

Consumer Name and Surname:
ID:
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 Defense of Consumers and Users RD 1/2007, of November 16, with respect to all contracts signed with SOMOS ESENCIA (TIBRIO SL provided with CIF B61143699, TIERRA DEL NINOT S.L., provided with CIF B66453838 and BRISA PALAU DE MAR S.L. provided with CIF B67047910, ECOBAR SL B44794931 with CIF, SUPERSANO SL provided with CIF B66514134), PILBAN ACTUAL SL provided with CIF B64346182 and MITFOR BROS, S.L. provided with CIF B58513896.

X CONTRACT DATE X

The resolution that I communicate to you, is exercised within 14 calendar days, from the date the contract was concluded, in accordance with the aforementioned rule, which extends the period of the right of withdrawal to 12 months when the entrepreneur has failed to comply 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 above-mentioned 14 days.

Place, date and signature

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

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