Heartbeat Bar® Terms & Conditions
Please click on the links below to view the relevant Terms & Conditions information below. You can alternatively keep scrolling down to read all points 1 to 29.
Please note Heartbeat Bar are the official legal registered owners of the Heartbeat Bar® brand in the United Kingdom and globally. Our official primary website address: www.HeartbeatBar.es
Registered address: Heartbeat Bar, Paseo Marítimo Rey de España 119, 29640, Torreblanca, Fuengirola, Spain
General user terms
1 Use of the HeartbeatBar.es website.
1.1 These terms apply only to those parts of the Heartbeatbar.es website which do not require a digital certificate or other security device or measure for access; references to “website” below shall be construed accordingly.
1.2 This website is made available by Heartbeat Bar Any party accessing or browsing this website or downloading or using any information, data, text, images, video or audio or any other materials available from Heartbeat Bar via or generated on, posted or uploaded to the website (“Content”) or otherwise requesting, using or receiving any services or facilities (“Services”) via the website (“User”) may only do so subject to: (1) the terms and conditions set out below, (2) any additional instructions, terms or conditions on the website that apply to particular Content or Services which the User uses (such additional instructions, terms and conditions to prevail over the terms and conditions below to the extent of any inconsistency), and (3) the privacy statement available on www.heartbeatbar.es, together referred to as the “General Website Terms”. Access to or use of this website or any Content or Services available via it shall be deemed to constitute acceptance by the User of, and agreement by the User to, the General Website Terms.
1.3 If the User accesses the website or receives or uses Content or Services on behalf of any other party (including anybody corporate), that party shall also be bound by the General Website Terms as if that party were a User. The User warrants and represents that he is authorised by any such party to bind that party to the General Website Terms.
2 Status of General Website Terms
2.1 The General Website Terms shall not affect or form part of, the terms of any contract of carriage with Heartbeat Bar.
3 Copyrights/Other Rights
3.1 Ownership of all copyrights, database rights, patents, trade or service marks, product names or design rights (whether registered or unregistered), trade secrets and confidential information and any similar rights existing in any territory now or in future (“Intellectual Property Rights”) and similar rights and interests in all domain names, trademarks, logos, branding appearing on the website and all Content, or otherwise relating to the structure of the website and the Services offered by Heartbeat Bar via the website, vests in Heartbeat Bar or its licensor.
3.2 The User may use this website and the Content and Services available via the website only for the purposes reasonably anticipated on this website or as otherwise might reasonably be expected in the course of his relationship with Heartbeat Bar and in accordance with any procedures from time to time in force on the website. The User may not access any areas of the website to which access is indicated to be restricted unless the User has obtained appropriate authorisation and any relevant access device (such as a digital certificate) from Heartbeat Bar. The User may not: (1) use or permit any other party to use all or any part of the website, Content or Services in connection with activities that breach any relevant laws, infringe any third party’s rights, or breach any applicable standards, content requirements or codes; (2) post to, upload to, temporarily store on (if such facility is provided) or transmit through, the website any information, materials or content that might be or might encourage conduct that might be unlawful, threatening, abusive, defamatory, obscene, vulgar, discriminatory, pornographic, profane or indecent; (3) use the website for the purpose of or as a means to send ‘flame’ or ‘spam’ emails.
3.3 The User shall procure the waiver of any moral rights in any information, data or other content or materials posted or uploaded by the User to the website (“User Materials”). The User hereby irrevocably authorises Heartbeat Bar and its licensees to use any User Materials for all reasonable business purposes, including without limitation copying, amending, incorporating in other materials, publishing or otherwise providing to third parties (and permitting such third parties to use and sublicense the User Materials) anywhere in the world any such User Materials. The User agrees to take any steps (including completing any further document) that may be required in any jurisdiction to give effect to this clause.
3.4 Heartbeat Bar does not warrant or represent that the User’s or any other party’s use of the Content or the Services available via the website will not infringe rights of third parties.
4.1 Heartbeat Bar will use reasonable endeavours to ensure that the Content accurately reflects either (1) the relevant part of Heartbeat Bar records held on Heartbeat Bar computer systems or (2) information received from a party other than Heartbeat Bar. Heartbeat Bar does not warrant that the Content is accurate, sufficient, error-free, complete or up to date at the time it is accessed. The User should make further enquiries to satisfy himself of the accuracy and completeness of any Content before relying on it. Certain Content may be labelled as indicative only, in which case Heartbeat Bar makes no warranties at all in relation to its quality, accuracy, completeness or timeliness.
4.2 Except as set out in the General Website Terms, Heartbeat Bar shall have no liability whatsoever for breach of any implied warranty, term or condition that might otherwise apply including (without limitation) in relation to the operation, quality or fitness for purpose of the website or any Content, User Materials or Service, or the use of reasonable skill and care.
4.3 The User is responsible for the accuracy and completeness of any User Materials. The User shall ensure the User Materials do not infringe any Intellectual Property Right or other rights of any third party and are not defamatory, unlawful, immoral or otherwise likely to breach or infringe any right or requirement or to give rise to any claim for loss or damage by any third party. The User shall indemnify and hold harmless Heartbeat Bar and its affiliates, associates and agents against any claims, losses, actions, proceedings, damage or other liabilities whatsoever (including damages or compensation paid by Heartbeat Bar to compromise or settle a claim), and all legal costs or other expenses, suffered by Heartbeat Bar or its affiliates and associates as a result of any actual or potential breach by the User of its obligations under this clause 4.3.
5 Hyperlinked websites
5.1 The website may contain certain links or references to websites operated by third parties. Heartbeat Bar makes no warranties or representations whatsoever regarding any third party website which the User may access through this website or which the User may use or access to enable access to or use of this website and any of its Content or Services. Any such website is wholly separate and independent from this website and Heartbeat Bar does not have any control over the content or operation of such website. Heartbeat Bar does not endorse any third party website and does not accept any responsibility for the existence, operation, content or use of such website.
5.2 A User may place hyperlinks to any unrestricted area of this website provided that the User complies with the following terms or any other terms posted on the website from time to time. The User: (1) may link to, but may not, unless with Heartbeat Bar prior written agreement, replicate in any way any Content appearing on the website; (2) may not create a border environment or browser around or otherwise frame any Content or create any impression that the Content is supplied or owned by any party other than Heartbeat Bar (3) may not present misleading or false information about Heartbeat Bar, its services or Content; (4) may not misrepresent Heartbeat Bar relationship with the linking User (or any third party); (5) may not create any implication or inference than Heartbeat Bar endorses the linking User or its services (or any third party); (6) may not use or reproduce Heartbeat Bar logo, trademarks or name; (7) may not provide or display any content that could be construed as obscene, libellous, defamatory, distasteful, offensive, discriminatory, pornographic or inappropriate in any other way; (8) may not display or provide materials, content or anything else that might violate any laws of any jurisdiction or infringe any Intellectual Property Right; and (9) must clearly indicate that the Heartbeat Bar website is operated by Heartbeat Bar and is not controlled by or otherwise associated or connected with the linked website, and that Heartbeat Bar terms and conditions apply in relation to any use of the Heartbeat Bar website.
5.3 Any User must immediately on request remove any link placed on or to any area of this website. The User shall not permit any third party aggregation of information to access or retrieve information from this website on the User’s behalf. The User may not in any way run software programs, scripts, macros or similar materials against or in relation to any part of the website as these could endanger, compromise or hamper the stability and operation of the website or infringe rights in or relating to the website or any materials appearing on it.
6.1 The User agrees to comply with any reasonable instructions Heartbeat Bar may issue regarding the website’s security.
6.2 The User must ensure that he does not do anything during or after any access to or use of the website, Content or Services which might result in the security of the website, or the systems or security of Heartbeat Bar or any other users of the website, or any Heartbeat Bar customers or associated or affiliated companies, being compromised.
6.3 Both the User and Heartbeat Bar shall each take all reasonable precautions to ensure that communications through the website and its own systems are not affected by computer viruses or other destructive or disruptive components and to ensure no such components are transmitted to or via Heartbeat Bar or the website.
7.1 The total liability of Heartbeat Bar, its affiliates, associates and agents to the User and any person acting on the User’s behalf, howsoever arising out of or in connection with the General Website Terms and/or the website, Services or Content (including in relation to negligence) shall, in aggregate, in respect of any claim, or series of connected claims arising out of the same cause in any calendar year, not exceed USD 500 (United States Dollars Five Hundred).
7.2 The User shall ensure that no claims for more than the aggregate limit of liability set out in clause 7.1 are brought against Heartbeat Bar, its affiliates, associates or agents.
7.3 The User is advised to obtain, if he considers appropriate, insurance cover at his cost, in particular for any loss exceeding the limit set out in clause 7.1 above.
7.4 Nothing in the General Website Terms shall exclude liability for death or personal injury resulting from negligence or for fraud on the part of Heartbeat Bar.
7.5 Except as set out in the General Website Terms, Heartbeat Bar, its affiliates, associates and agents shall have no liability whatsoever in respect of the use of the Content, Services or website, howsoever arising.
8.1 Use of this website or of the Content or Services may be subject to certain legal or regulatory requirements in particular jurisdictions. The User may only access or use the website, Content or Services to the extent such access or use is permitted in the jurisdiction in which he accesses or uses the website, Content or Services.
8.2 Heartbeat Bar will not be liable for any loss (including without limitation loss of profit), damage, delay or failure in performing any of its duties relating to the General Website Terms caused in whole or in part by the action of any government or governmental agency, natural occurrence, law or regulation (or any change in the interpretation thereof), injunction, currency restriction, sanction, exchange control, industrial action (whether involving its staff or not), war, terrorist action, equipment failure, interruption to power supplies or anything whatsoever beyond its reasonable control.
8.3 The General Website Terms supersede all previous agreements, communications, representations and discussions between the parties relating to the website. No party will have a right of action against Heartbeat Bar arising from any previous agreement, communication, representation and discussion in respect of the website (except in the case of fraudulent misrepresentation), and neither party has relied on any terms, warranties, representations or conditions other than those expressly stated in the General Website Terms. No modification or waiver of the General Website Terms shall be binding on Heartbeat Bar unless it is in writing and agreed by an authorised representative of Heartbeat Bar.
8.4 References in the General Website Terms to ‘in writing’ or ‘written’ include communication by email or another electronic form. References in the General Website Terms to the singular include the plural and vice versa.
8.5 Each of the provisions of the General Website Terms is severable from the others and if one or more of them becomes void, illegal or unenforceable, the remainder will not be affected in any way.
8.6 The rights of Heartbeat Bar under the General Website Terms may be exercised as often as necessary and are cumulative and not exclusive of its rights under any applicable law. Any delay in the exercise or non-exercise of any such right is not a waiver of that right.
8.7 The User may not assign, part with or otherwise transfer any right or benefit under any provision of the General Website Terms without Heartbeat Bar prior written consent.
8.8 Subject to clause 2, Heartbeat Bar may at any time and without notice or liability change, improve or remove any Content or any Services available via the website, or the General Website Terms.
8.9 Heartbeat Bar may assist or co-operate with authorities in any jurisdiction in relation to any direction or request to disclose personal or other information regarding any User or the use of the website, Content or Services.
8.10 Heartbeat Bar affiliates, associates and agents (“Relevant Third Parties”) shall have the benefit of all provisions of the General Website Terms which are expressed to be for their benefit, as well as the law and jurisdiction clause. In entering into the General Website Terms, Heartbeat Bar does so (to the extent of such provisions) not only on its own behalf but also as agent and trustee for such persons.
8.11 To the extent that clause 8.10 is not effective to give such benefit to any Relevant Third Party, such Relevant Third Party may enforce such provisions in its own name pursuant to the Contracts (Rights of Third Parties) Act 1999. The General Website Terms may be varied or rescinded, by agreement or in accordance with their terms, without the consent of any Relevant Third Party.
8.13 The General Website Terms shall be subject to English law and any dispute, claim, a matter of construction or interpretation arising out of or relating to the website, including the General Website Terms, shall be subject to the exclusive jurisdiction of the English courts.
For more information please visit: www.heartbeatbar.es
9 Delivery terms & conditions:
9.1 After placing your order you will receive an order confirmation email with the items purchased clearly displayed. However please note this email does not mean that your order will be despatched immediately. Due to stock level demands changing quickly you sometimes may need to wait for an item before we can despatch the full order. Once your order has been processed you will receive a second email with a tracking reference allowing you to check the progress of the delivery with the designated courier.
9.2 Under the distance selling laws you are able to return any items at your cost within 30 days for a refund provided the items are unopened, unused and not damaged in any way. Any parcels that include damaged items will be subject to an investigation being launched with the designated courier. Before any decisions are made by Heartbeat Bar, in relation to any claims and financial compensation if applicable. By purchasing items from the www.Heartbeat Bar.com website you agree to fully accept our terms & conditions.
9.3 Please note standard delivery usually indicates a Monday to Friday anytime between 9 am and 5.30pm service unless otherwise stated on the individual product listing. All stated delivery schedule turnaround days are approximate and not guaranteed. Heartbeat Bar is not responsible for late deliveries when the parcel is delayed in transit due to bad weather or transport services being cancelled including plane or ferry crossing when delivering off-shore or to remote areas.
9.4 Please note it’s your responsibility to ensure you are available to sign for the consignment. We are unable to leave parcels with any 3rd party or if they are unsigned.
10 Order cancellation & returns policy (MarketPlace product items only)
10.1 Any purchases conducted within the Shop are protected by the Consumer Rights Act 2015. With the new regulation replacing the old Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services Act. With the Consumer Rights Act 2015 you are entitled to a full refund within the first 30 days. Provided the product is unsatisfactory quality, unfit for purpose or not as described. After 30 days you are no longer legally entitled to a full refund.
10.2 Please see below your legal rights if you wish to cancel an order or demand a refund within the 30 day period after purchasing: Fit for purpose – The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods. Satisfactory quality – Goods shouldn’t be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods. As described – The goods supplied must match any description given to you or any models or samples shown to you at the time of purchase.
10.4 The Consumer Rights Act 2015 replaces the old distance selling regulations, however, you must be aware that customised products made to your specification may be exempt.
11 Promises, liability and disclaimer for Heartbeat Bar
11.1 Heartbeat Bar agrees to operate the Site with reasonable care and skill and that Heartbeat Bar will use our reasonable endeavours to correct any faults of which Heartbeat Bar is aware. To the fullest extent permissible under Applicable Laws, Heartbeat Bar disclaims any and all other promises, warranties, conditions, or representations relating to the Site and Our Content, whether express, implied, oral or written.
11.2 Heartbeat Bar does not make any promises as to the truth, accuracy, integrity, quality or completeness of Our Content or information that appears on the Site and the visitor should not rely on it being accurate, truthful or complete; Heartbeat Bar is not responsible for verifying the ownership of any third party Content posted or uploaded on the website including advertising listings.
12 Reservation of rights by Heartbeat Bar
12.1 Heartbeat Bar solely reserves all rights available to it, if it considers it appropriate, to immediately and without notice to the website visitor or buyer. This includes halting any transactions via the Site; prevent or restrict access to the Site.
12.2 Take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings or inaccurate information.
13 Site visitor customer feedback
13.1 The Seller acknowledges and agrees that Customers may leave feedback relating to the Products that it has purchased via the Site. Heartbeat Bar is not responsible for checking or editing the Customer Feedback on the Site.
13.2 Please note any racial, hatred aggressive language will be removed and the person leaving the feedback will be legally pursued.
14 Online liability of the website
14.1 Heartbeat Bar make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from the Seller’s download of any content, software the Seller uses to download the content, the Site or the servers that make it available. In this respect, the website visitor agrees that it is its responsibility to install suitable anti-virus and security software on its computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines.
14.2 Any content downloaded or otherwise obtained through the use of the Site is done at its own risk and the Seller will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content; any decision based solely on information obtained from the Internet could be dangerous. Whilst Heartbeat Bar hopes that the Seller will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them. Heartbeat Bar will not be responsible or liable for any losses related to any business of the Seller including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption.
14.3 By using the Site visitors acknowledge and accept the inherent risks, characteristics and limitations of the Internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information and the risks inherent in all third party links, connections and transfers via the Internet. Accordingly: Heartbeat Bar does not make any promises about the availability or accessibility of the Site or promise that the Seller’s access to the Site, the content on it or the services Heartbeat Bar provide will be delivered uninterrupted, in a timely manner or error-free. Heartbeat Bar is not responsible for any data or information uploaded by any Users including any content posted, uploaded or published on the Site. It is the Seller’s responsibility to make backup copies of any of the content the Seller posts, uploads or publishes on the Heartbeat Bar website in the UK.
15 Financial transactions customer safety and protection
15.1 All financial transactions on www.HeartbeatBar.es are processed via the Paypal or Stripe website for security purposes and the customer’s protection against online fraud. Please visit the the www.paypal.com/uk/home and www.stripe.com/gb websites for information relating to customer security protection including any legal liability in relation to a fraudulent activity or payment insurance cover. If you believe that your card details have been misused via this website or suspect fraudulent activity please notify Heartbeat Bar Customer Services immediately who will investigate this matter with PayPal or Stripe.
16 Data Protection 1998 Act compliance
16.1 General website visitor or buyer personal details including financial data and transactions are never disclosed to any 3rd party and are protected internally via a secure server under the 1998 Data Protection Act. The Data Protection Act (DPA) is a law designed to protect personal data stored on computers or in an organised paper filing system.
Please note if you require any further information on terms and conditions listed above please contact Heartbeat Bar Customer Services who will endeavour to reply within 24 hours to question.