MB Zen – Terms and Conditions of Service
1.- Website owner. Identification data: The owner of the domain and the website “www.mbzen.com“, as well as all the subdomains and directories included in the website (hereinafter, jointly referred as the “Website”, the “Web” or the “Platform”) and the trademark MB Zen® is the company “MB PRODUCTS GROUP LTD” with correspondence address in 71-75 Shelton Street, Covent Garden, London WC2H 9JQ United Kingdom
Contact e-mail: hello@mbzen.com
2.- Use of the Website: the Website puts at disposal of the user, through the Web different contents in the different sections that compose it, by which, basically information is provided to the user about the services offered through the Web and which might be acquired electronically in the e-commerce or online shop.
The access to the Web and its use is open and free of charge, but it is subject to the present terms of use, which the user accepts merely by accessing the Web.
The user declares to be of legal age and to have legal capacity necessary to be bound to the present terms, expressly accepting without exceptions that the access and use of the Web, its services and contents is made under his/her lone and exclusive responsibility.
Should the user not agree with the content of the present terms of use, he/she shall abandon the Web, not being able to enjoy the services and/or contents offered though said Web.
At all times, the user agrees to make an adequate use of the Web resources, in accordance with the provisions of the present terms, ethical standards, public order, good practice and current legislation, without damaging or harming the owners of the Website or any third party, so the user commits not to use the contents and/or services offered through the Web to carry out illicit, unlawful activities or contrary to the good faith or public order; disseminate content or propaganda of a racist nature, xenophobic, pornographic, advocacy of terrorism or undermining human rights; to cause damages in the physical or logical systems of MB Zen®, of its suppliers or third parties, to introduce or disseminate in the net computer viruses or any other physical or logical system able to cause the aforementioned damages; try to access and, in its case, to use the electronic mail accounts of other users and/or modify or manipulate their messages.
In some pages of the Web, it might occur that the user may participate, being able to remit comments through a form established to such purpose. In that case, the user also must respect the applicable regulation, the morality, the good practices, the public order and the present terms of use, remitting only lawful and truthful opinions and comments, related to the theme of the Website, granting MB Zen® a license as broad as required by the law for the publication of user comments online.
It is absolutely forbidden to send libellous, abusive, injurious, offensive, insulting, xenophobic, obscene, threatening or discriminatory comments, contents or links, as well as those pursuing an advertising, commercial or promotional purpose of any kind.
MB Zen® reserves, in any case, the right not to publish or to remove any of the comments sent by any user that does not comply with the present terms of use of the Web.
3.- User registration: Neither the registration of the user nor the creation of a customer account are required.
Nonetheless, the user wishing to contract any of the products offered for sale through the Website, shall provide the following data: Name and last name, e-mail address, country, mail post address, phone number. It is mandatory to fill those fields marked with an asterisk for us to be able to attend the user request. Once all the required data is completed and the terms and conditions have been read and accepted, the user may send his/her data to MB Zen®.
4.- Responsibility of the user due to provided data: The user is the lone and exclusive responsible of the data provided to MB Zen® being update, complete and of course being exact and accurate. MB Zen® in any case shall be responsible for the unfulfillment of such requirements in the provided data.
The user shall provide his/her due diligence to avoid the access and/or use of the Website by third parties with his/her own access codes, having also in this case, the exclusive responsibility of the choice, loss, theft or unauthorised use of his/her user name and/or password and the consequences to be derived. It is recalled that the user name and password are personal and non-transferable.
Therefore, the user agrees to communicate immediately to MB Zen® the loss of the user name and/or password, regardless of its cause, as well as any threat or detriment to its confidentiality, being held liable, otherwise, of any damages caused by the means of verified access through that access codes.
The user may unsubscribe at any moment as registered user of the Web, using the provided tool on our Privacy Tools page or communicating such fact through electronic mail to the address: hello@mbzen.com , provided that there is not current contractual relationship.
5.- Contract of the services MB Zen®: The user wishing to purchase any of the products offered for sale through the Web, shall enter into the “SHOP NOW” section or add the products to the cart and place the order in accordance to this Terms and Conditions of Service.
6.- Disclaimer of guarantees and responsibility related to the functioning of the Web: MB Zen® shall not be, under any case responsible of the occasional and/or temporary lack of operability or availability of the Website related to causes not attributable to MB Zen®; of the eventual damages to be derived of such lack of operability and/or availability, without prejudice of MB Zen® making the effort to guarantee the availability and operability of the service; of the eventual errors or shortcomings of security to be produced derived of the utilization on the user part of an outdated or unsecure version of a browser, as well as any other cause only attributable to the user.
7.- Intellectual and Industrial Property: MB Zen® holds every right over the content, design and source code of the Website, specially, including but not limited to, over the images, photographs, texts, logos, designs, trademarks, brand names, data included in the Web, menu overview, graphs, colours, tools, and so on.
All the programs used for the development of the Website are owned by MB Zen® or its providers. The aforementioned is protected by the national and international laws relative to the intellectual and industrial property.
It is expressly forbidden the total or partial reproduction, direct or indirect, in any support or form without the authorisation of MB Zen®, also equally and totally forbidden the copy, reproduction, adaptation, modification, distribution, commercialization, public communication, put at disposal or any other infringement of the national or international regulations in place.
To the effects of being able to preserve the possible intellectual or industrial property rights, in the case of any user or third party considers a violation of his/her legitimate rights has been produced as a result of the introduction of a determined content in the Website, he/she shall notify such circumstance to MB Zen®, through electronic mail to the address hello@mbzen.com , stating:
– Personal data of the concerned holder of the rights allegedly infringed. If the claim is presented by a third party different from the concerned, he/she shall provide evidence of the representation to intervene.
– Indication of the contents protected by the intellectual or industrial property rights, and its location on the Website.
– Evidence of the said rights of intellectual or industrial property rights.
– Express statement in which the concerned takes responsibility of the accuracy of the information provided in the notification.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by third parties is of the exclusive responsibility of said parties.
The access to the Website does not grant to the user any right, nor ownership over the intellectual or industrial property rights of the corporate elements.
8.- Linking Policy:
8.1. Linking from other webs: Those who intend to link or link from a website for another web portal to any of the web pages of MB Zen® shall be subject to the following conditions:
– It is not allowed the total or partial reproduction of any of the services nor contents of the Website, nor the establishment of deep-links, nor IMG links or image links, nor frames with the MB Zen® Website without prior express written authorisation.
– False, inexact, incomplete or inaccurate statements about the MB Zen® Website shall not be made, nor about the services or contents of the Web. Except those signs part of the link, the website establishing the link shall not contain any brand, trading name, shop sign, denomination, logo, slogan or other distinctive signs property of MB Zen®, barring express authorisation.
– The establishment of the link shall not imply the existence of any relationship between MB Zen® and the owner of the web page or the portal which performs the linking, nor the understanding and approval of MB Zen® of the services and contents offered in said web page or portal.
– MB Zen® shall not be responsible of the contents or services put at disposal of the public at the web page or portal from which the hyperlink is performed, nor of the informations and statements included in the aforementioned.
8.2 Links to other webs: The MB Zen® Website may put at disposal of the user links to other websites managed and controlled by third parties, with the exclusive purpose of facilitating the search of information, contents and services at the web to the users, in any case it shall be considered that said websites are managed by MB Zen®, as MB Zen® neither commercializes, nor rules, nor previously controls, nor makes its own the contents, services, informations and statements available in said third parties websites.
MB Zen® shall not undertake any type of responsibility, even in an indirect or subsidiary manner, for the contents, informations, communications, opinions or services linked from those websites not managed by MB Zen® and resulting accesible through the Web, nor guarantees the absence of viruses or other elements in the aforementioned that may produce alterations in the computer system (hardware and software), in the documents or the files of the user, excluding any responsibility for damages of any kind caused to the user due to this motive.
9.- Unfulfillment. Right of Exclusion: Any unfulfillment of the present terms of use shall be susceptible of prosecution, as well as any improper use of the Web, MB Zen® shall be able to exercise every legal action available in pursuit of its legitimate interests. MB Zen® reserves the right to deny or withdraw the access to the Web, without prior notice, at its own request or that of a third party, to those users infringing the present terms of use.
10.- Modification of the present terms: MB Zen® might modify at any moment the terms set forth herein, being duly published as here presented. Said terms of use shall be in force depending on its exposition and shall be in force until being modified by another terms duly published.
11.- Governing law and jurisdiction: The present terms of use and privacy policy shall be governed by the English law.
In case of dispute or controversy related to the application or interpretation of such terms and policies, the parts shall subject to the competent Courts in accordance to the current legislation.