Web terms and conditions of use
1. Information about the website
Through its WEBSITE, https://enigmaconcept.es, of which it is the owner and administrator, ENIGMA, of the activity of online reservations of gastronomic proposals, in Albert Adrià’s only restaurant.
1.1 Web advertising
The website: https://enigmaconcept.es may contain advertising or sponsored content. Advertisers or sponsors are solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws that may be applicable in each case. ENIGMA shall not be liable for any error, inaccuracy or irregularity that may be contained in advertising or sponsor content.
1.3. Work with us
In compliance with the RGPD-EU-2016/679, articles 5, 6, 7, 9 and 13; by the LOPD 3/2018, in its Title II and its articles, and the Law 1/2019, on Business Secrets, we inform you that the Data Controller of your personal, contact and professional information is ENIGMA, which will process the personal and professional data provided by those who wish to work with us in a lawful, loyal and transparent manner, for specific, explicit and legitimate purposes. The data subject shall have the right to lodge complaints with the supervisory authority AEPD.
2. Availability of the website
The administrator of the website will do everything possible to resolve all the doubts and formalities requested from all USERS, as soon as possible in the demand for consultations.
However, on occasions, and for reasons beyond the control of the website administrator, such as human error or incidents in the computer systems, it is possible that the speed finally provided to USERS may not be adequate for the management of the requested reservations.
In the event that the management of the reservation is not available or the process cannot be completed, after having completed the management of the registration form, the USER will be informed by e-mail of the total cancellation of the reservation, so that he/she will have to complete the whole registration process again.
2. Web security
The website administrator has the maximum security measures commercially available in the sector. The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, at 256 bits, which ensure that it is only intelligible and understandable by the USER‘s device, and that of the WEBSITE, in this way, by using the SSL protocol, “Secure Socket Layer”, the predecessor of the protocol, TLS, “Transport Layer Security”, which are cryptographic protocols that provide privacy and integrity in secure communications over a communication network, commonly the Internet, which guarantees that the information transmitted by said network cannot be intercepted or modified by unauthorised elements, guaranteeing that only legitimate senders and receivers are the ones who have access to the communication in an integral manner which is guaranteed:
- That the USER is communicating his/her data to the server centre of the web page administrator and not to any other person trying to impersonate him/her.
- That between the USER and the web page administrator’s server centre, the data is transmitted in encrypted form, preventing it from being read or manipulated by third
4. Access and stay on the website
4.1. Our contents
USERS are fully responsible for their conduct when accessing the information on the
WEBSITE while browsing it, as well as after having accessed it.
As a consequence of this, the USERS are solely responsible to the website administrator and third parties for:
- The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content of the WEBSITE, whether or not produced by the administrator of the website published officially under his
- As well as the consequences that may arise from use contrary to the content of this document and harmful to the interests or rights of third parties, or that may damage, render useless or deteriorate the WEBSITE, or prevent normal enjoyment by other
The web page administrator reserves the right to update the contents whenever it deems appropriate, as well as to eliminate them, limit them or prevent access to them, temporarily or permanently, as well as to deny access to the WEBSITE to USERS who misuse the contents and/or fail to comply with any of the terms and conditions that appear in this document.
The administrator of the website informs that he does not guarantee:
- That access to the WEBSITE and/or linked websites is uninterrupted and error-
- That the content or software accessed by USERS through the website or the linked websites does not contain any error, computer virus or other elements in the content that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause any other type of
- – The use of the information or content of the WEBSITE or linked websites that
USERS may make for their own personal purposes.
5. Modifications of the terms and conditions of use
The website administrator reserves the right to modify, at any time, the presentation and configuration of the WEBSITE, as well as the present terms and conditions of use.
USERS will always have these terms and conditions of use in a visible place, freely accessible for any queries they may wish to make.
6. Our web responsibility
The administrator of the website does not assume any responsibility derived, by way of example but not limited to:
The use that USERS may make of the WEBSITE or linked websites, whether prohibited or permitted, in breach of intellectual and/or industrial property rights.
2.- Possible damages to USERS, caused by normal or abnormal functioning of the search tools and location of the contents and/or access to the WEBSITE, errors or problems generated in the development or implementation of the technical elements available on the WEBSITE.
3.- Of the contents of those pages that USERS may access from links included on the WEBSITE, whether authorised or not.
4.- Access by minors (16 years of age) to the contents included on the WEBSITE, being the responsibility of their parents or guardians, such as using any of the tools to control the use of the Internet in the sending of personal data without the prior authorisation of their legal guardians.
The administrator of the website shall not be liable in any case in the event of such occurrences:
a.- Errors or delays in accessing the WEBSITE, by the USER, at the time of entering their data in the registration form, the slowness or impossibility of receipt by the recipients of the booking confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of the administrator of the website.
b.- Errors or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of the website will be constantly operational.
c.- Errors or damage caused to the website due to inefficient and bad faith use of the service by the USER.
d.- Non-operability or problems with the e-mail address provided by the USER for the sending of the booking confirmation.
In any case, the administrator of the website undertakes to solve any problems that may arise and to offer all the necessary support to the USER, in order to reach a rapid and satisfactory solution to the incident.
Furthermore, the website operator is entitled to carry out promotional campaigns to promote the registration of new users to its online service.
6. Intellectual and industrial property
The website administrator has all rights over the content, design and source code of this page and WEBSITE, and, in particular, including but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and data included on the website.
USERS are advised that these rights are protected by current Spanish and international legislation on intellectual and industrial property, Royal Decree- Legislative 1/1996 of 12 April, as updated on 30/03/2022.
Directive-EU-2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market.
Without prejudice to the foregoing, the content of the WEBSITE is also considered to be a computer programme and, therefore, all current Spanish and European Community legislation on the subject is also applicable to it.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialisation, public communication and/or any other action that involves an infringement of current Spanish and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the website is strictly prohibited without the prior express written authorisation of the administrator.
The website administrator informs that it does not grant any licence or implicit authorisation on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the WEBSITE: https://enigmaconcept.es.
The use of the contents of the web domain is only authorised for information and service purposes, provided that the source is cited or referred to, and the user is solely responsible for any misuse of the same.
In the event that any clause of these terms and conditions of use is declared invalid, the remaining clauses shall remain in force and shall be interpreted taking into account the will of the parties and the very purpose of these terms and conditions.
The website administrator may not exercise any of the rights and powers conferred in this document, which shall in no case imply the waiver of the same unless expressly recognised by the website administrator or the statute of limitations of the action that corresponds in each case.
9. Applicable law and arbitration
These terms and conditions of use are governed by the applicable Spanish legislation. To resolve any dispute or conflict that may arise, the parties submit to the jurisdiction of the courts of BARCELONA, the city of origin of the entity, ENIGMA, owner of the WEBSITE, https://enigmaconcept.es, unless the law imposes another jurisdiction.
9.1. Dispute settlement
By Law 7/2017, in its Article, 40.5, which transposes into Spanish law the Directive, 2013/11/EU, and the Regulation-EU-524/2013, of the European Parliament and of the Council, in its Article, 5.1, which states what is related to alternative dispute resolution in consumer matters: Online Dispute Resolution Platform: (click here).
USERS undertake to browse the WEBSITE and use the content in good faith.
The USERS‘ data will be used to send online and physical information by e-mail to the administrator of the website.
By simply visiting the WEBSITE, USERS do not provide personal information nor are they obliged to provide it.
The website administrator undertakes to keep the information provided to it in the strictest confidence and to use it only for the purposes indicated. The website administrator presumes that the data have been entered by the owner or by a person authorised by the owner, and that they are correct and accurate. ENIGMA also informs of the possibility of exercising the rights of access, which allows the web user to know what personal data the administrator of this page has and in this case will reply within 30 days, provided that the data is kept, rectification, opposition, suppression, limitation and portability, these rights may be exercised by any means that provides proof of sending and receipt to the address of the WEBSITE administrator, or by e-mail: email@example.com, providing a photocopy of the ID card or alternative documentation proving their identity.
In accordance with the provisions of Law 34/2002, of Services of the Information Society and Electronic Commerce in its article 21, we ask for your consent to be able to send advertising communications that we consider may be of interest to you, by e-mail or by any other equivalent means of electronic communication, this consent will be accepted with the acceptance of these conditions of use by means of a check box at the bottom of the form or web page.
To modify, update or cancel their personal data, the USER shall write from the email address of their account to firstname.lastname@example.org, with the subject line.
In accordance with current legislation on data protection, the website administrator has adopted the appropriate levels of security for the data provided by USERS and has also installed all the means and measures within its power to prevent the loss, misuse, alteration, unauthorised access and extraction of the same.
11. LSSI-CE certificates and data protection
ENIGMA, which owns the website: https://enigmaconcept.es, is advised on e- commerce and Data Protection regulations in force, such as the RGPD-UE-2016/679, the LOPDGDD-3/2018, with the LSSI-CE-34/2002, and Law 11/2022, by GRUP QUALIA, for which it is granted a certificate in digital image format so that it can display it on its website.