Terms & Conditions

1.- Preliminary information

These Terms and Conditions govern the use of the functionalities provided on the Platform. www.blackjaguar.es (hereinafter, the "Platform") owned by BLACK JAGUAR, S.L. (hereinafter, "BLACK JAGUAR"), with Tax Identification Number (NIF) B21861844 and registered office at C/ Costanilla de los Angeles 2, Escalera Izquierda 2D, Madrid (28013).

Access to and/or use of the Platform constitutes acceptance of these Terms and Conditions, as well as any modifications and/or additional legal texts that BLACK JAGUAR may include in the future. If you do not agree with the provisions of these Terms and Conditions, we recommend that you refrain from using this Platform and its functionalities.

For any inquiries and/or complaints, you may contact the following email address: hola@blackjaguar.es

2.- Purpose

This Platform has been developed by BLACK JAGUAR to enable interested parties (hereinafter, "User(s)") to access a social network—whether in person or via the Platform—where they can find profiles of individuals whose interests align with their own. Additionally, the Platform will offer Users the opportunity to purchase clothing items featuring QR codes linked to their BLACK JAGUAR accounts.

BLACK JAGUAR acts as a mere intermediary that facilitates and centralizes contact between Users (hereinafter referred to as the "Services" or the "Service"), providing them with all the tools necessary to establish such contact.

3.- Acceptance of the Terms and Conditions of the contract and access to the Platform

By using the Platform Services, Users agree to these Terms and Conditions of Use, which define the rights and obligations of BLACK JAGUAR and the Users within the scope of the Platform. These are the only Terms and Conditions of Use applicable to the use of the Platform and the contracting of Services through the Platform, and they supersede any other conditions, except for contrary, additional, or different conditions that have been previously accepted in writing by BLACK JAGUAR.

Access to the Platform shall not require User registration in accordance with these Terms and Conditions.

4.- Platform Operation and User Obligations

To enjoy the Services offered through the Platform, Users must take the following into account:

4.1. User Registration on the Platform

To use the Services made available to Users, the Platform offers the option to create an account via an online form, which must be completed with the required information. Users undertake to provide BLACK JAGUAR only with data that is accurate, current, and truthful. It is the User's responsibility and obligation to keep their data updated at all times; the User is solely liable for any inaccuracy or falsity in the data provided to BLACK JAGUAR and for any damages caused to the company or third parties.

In the event that the User repeatedly provides data or information that is false, erroneous, or outdated, BLACK JAGUAR may cease providing its service and close the User's account on the Platform.

Registration on the Platform will be free of charge.

Users must use their User account responsibly and properly safeguard the confidentiality of the username and/or passwords granting access to their account to prevent use by unauthorized third parties.

4.2. User Account

Once the User has created an account to access the Platform, they will have access to a profile where they can optionally complete their personal details and access the various Services and functionalities offered on the Platform.

Additionally, please note that Users must be of legal age to obtain a User Account. By registering and opening an Account, it is understood that this requirement is met.

To complete registration on the platform, the following information will be required:

  • First and last name.
  • Contact phone number.
  • Birthdate

Immediately upon starting the registration process, the User must enter their phone number and will receive a verification SMS to validate that number. Once verified, they may complete the form with their name and date of birth, after which the User Account will be created and activated.

The User guarantees that their data will be accurate, current, and truthful. Furthermore, they may cancel their account on the Platform at any time by contacting BLACK JAGUAR via email: hola@blackjaguar.com.

4.3. Contracting of services offered by BLACK JAGUAR

Once the User has successfully registered their User Account, they may complete the corresponding form to finish setting up their profile and enjoy the features offered by the Platform.

The following information shall be specified in said form:

  • Profile picture.
  • Interests
  • Additional "About Me" information
  • Connection objectives
  • Work performed
  • Locality

This information is optional and is used to enable certain functionalities of the Platform. In any case, these functionalities may be manually activated or deactivated by the user.

4.4. Clothing purchase service

Through the BLACK JAGUAR website, a catalog of garments available for purchase is provided to registered users; these items will be linked to their accounts via a QR code.

4.5. Account suspension

BLACK JAGUAR assumes no responsibility for the use that Users may make of the Content included on the Platform.

However, BLACK JAGUAR reserves the right to deactivate the accounts of Users who misuse their accounts, engage in fraudulent or unlawful acts, violate the provisions of these Terms and Conditions, or cause—or potentially cause—harm to BLACK JAGUAR and/or its business operations.

In the event that BLACK JAGUAR detects any anomaly or has reasonable grounds to believe that a User is engaging in any of the aforementioned acts that contravene the law, good faith, and/or these Terms and Conditions, BLACK JAGUAR reserves the right to terminate the User's account—including the accounts of any third parties who have benefited directly or indirectly from such actions—and to pursue all applicable legal remedies; the User in question shall be liable for any costs incurred as a result of such acts, as well as for any damages caused.

BLACK JAGUAR may temporarily suspend access to the Platform without prior notice for maintenance, repair, updating, or improvement operations. However, whenever circumstances permit, BLACK JAGUAR will notify Users, with sufficient advance notice, of the scheduled date for the suspension of the Services.

4.6. User Conduct on the Platform

Users undertake to make lawful, diligent, honest, and proper use of the information or content accessed through the Platform, acting in good faith and at all times respecting applicable law, morality, public order, and the provisions of these Terms and Conditions. Furthermore, Users shall refrain from using such information or content in any manner that might hinder, damage, or impair the normal operation and enjoyment of the Platform by other users, or that might infringe upon or cause damage to the property and rights of BLACK JAGUAR, its suppliers, other users, or any third party.

In particular, but without limitation, any person visiting the Platform, as well as Users, shall not:

  • Providing data that is not true, accurate, complete, and/or up-to-date, or providing the Platform with the identifying data of another user or impersonating any person or identity.
  • Disseminating, promoting, or hosting content on the Platform that is political, sexual, discriminatory, hateful, or violent in nature, as well as content that incites the commission of crimes or discrimination based on race, sex, religion, ideology, sexual orientation, gender identity, nationality, or any other personal or social condition.
  • Use the Platform for purposes related to armed conflicts, acts of war, terrorism, or any other activity linked to war.
  • Using the Platform for fraudulent purposes, or in connection with criminal offenses or illicit activities of any kind.
  • Neither maliciously nor intentionally cause damage or harm that could impair or alter the Platform, nor maliciously or intentionally introduce or disseminate computer viruses capable of causing unauthorized alterations to the content or systems comprising the Platform.
  • Download, send, or otherwise distribute content or applications that may violate any applicable law or infringe upon the rights of any party.
  • Using the tools made available to Users by BLACK JAGUAR for purposes other than those that are merely informational.
  • Using the Platform to send, use, or reuse material that contains information that is illegal, offensive, pornographic, abusive, indecent, defamatory, obscene, or threatening of any kind; or that constitutes a violation of copyright, trademarks, confidentiality, privacy, or any other right; or that is otherwise injurious or objectionable to third parties; or the content of which includes computer viruses, political propaganda, advertising material, chain letters, mass mailings, or any other type of "spam" and, in general, causes any type of unnecessary annoyance or inconvenience.
  • Actively promote or encourage third parties to carry out any of the foregoing practices or to contribute thereto.

BLACK JAGUAR reserves the right to investigate and report conduct constituting a violation of applicable law to the competent authorities, as well as to cooperate with them in the investigation of such actions.

BLACK JAGUAR reserves the right to deny any attempt to access the Platform or to cancel the provision of Services in cases of improper use of the Platform.

5.- Products and terms of sale

5.1. Purchasing process

Purchases made through the website are subject to product availability. The purchasing process is managed entirely through the platform. Shopify, which allows the customer to review their order before confirming payment. Once the order is confirmed, the customer will receive a confirmation email.

5.2. Prices

Registration as a user of the Platform shall be free of charge for such users.

Given this, the User shall only be required to pay for the garments they wish to purchase through the BLACK JAGUAR website.

BLACK JAGUAR reserves the right to modify the price of the online services offered on the Platform.

In the event of an improper or fraudulent charge, the User may contact BLACK JAGUAR via the following email address: hola@blackjaguar.es

5.3. Method of payment

The payment methods available will be those offered by Shopify at every moment.

5.4. Returns and right of withdrawal

BLACK JAGUAR offers the following return options:

  • Size exchange: BLACK JAGUAR offers one free exchange per order, provided the product is in perfect condition and subject to availability.
  • Additional changes, model changes, or subsequent requests may be subject to applicable shipping costs, which will be communicated to the customer prior to confirmation.
  • Refund via shopping voucher: A refund via shopping voucher may be offered free of charge once per order. Subsequent requests may be subject to a deduction for return costs, in accordance with the current rates published on the website.
  • Return with refund: the return cost will be deducted from the refund in accordance with the rates published on the website at the time of the request. Returns must be processed exclusively through the portal designated for this purpose.

In accordance with European regulations, the customer has a period of 14 calendar days from receipt of the order to exercise their right of withdrawal, without the need for justification. The product must be returned in perfect condition, unused, and in its original packaging.

5.5. Delivery of the product

Shipments are made exclusively within mainland Spain, unless otherwise indicated. Delivery times are estimates and will be displayed during the checkout process. BLACK JAGUAR shall not be liable for delays attributable to the carrier. Risk regarding the products passes to the customer upon delivery.

6.- Exclusion of liability

By means of this provision, the User is informed that BLACK JAGUAR has implemented security measures sufficient to meet legally required standards and the level of diligence appropriate to its characteristics. Accordingly, BLACK JAGUAR makes its best efforts to prevent the presence of errors, interruptions, viruses, or harmful components on the Platform.

However, insofar as BLACK JAGUAR does not control all the factors upon which the occurrence of these circumstances may depend, it cannot guarantee that they will not—in exceptional and isolated instances—affect navigation on the Platform; in such an event, BLACK JAGUAR undertakes to act diligently and resolve the issue as soon as possible after becoming aware of it.

BLACK JAGUAR provides no guarantee and assumes no liability, under any circumstances, for damages of any nature that may arise from access to or use of the Platform's content. Without limitation, BLACK JAGUAR is not responsible for the following circumstances:

  • Regarding the lack of availability, maintenance, and proper functioning of the Platform and/or its services or content, excluding—to the fullest extent permitted by applicable law—any liability for damages of any nature that may arise from the lack of availability or continuity of the Platform's operation.
  • Regarding the lack of utility of the Platform or the content.
  • Regarding the content of other websites accessible via links placed on the Platform—which are understood to be provided by BLACK JAGUAR solely for informational purposes and do not in any way imply a relationship, acceptance, or endorsement between BLACK JAGUAR and the individuals or entities owning such content or the sites where it is hosted.
  • Regarding the presence of viruses or malicious or harmful programs on the Platform.
  • Arising from any illicit, negligent, or fraudulent use of the Platform or its content by Users—or any use contrary to these Terms and Conditions or to good faith—including any infringement of the intellectual and/or industrial property rights of BLACK JAGUAR or third parties.
  • Regarding incidents caused by the User's failure to exercise due diligence or by improper use of the Platform.
  • From the publication via the Platform of comments and opinions that violate the rules set forth in these Terms and Conditions, applicable law, or the rights of third parties.
  • Cases of force majeure, understood as the failure, suspension, or interruption of services or the use of the Platform resulting from power restrictions, blockages of telecommunications or the Internet, acts or omissions by third parties, telecommunications operators, or utility, supply, or transport companies, or any other causes or circumstances beyond BLACK JAGUAR’s control that prevent normal use of the Platform.
  • Meetings held between Users outside the Platform, as well as any incidents and damages arising in connection therewith.

8.- Intellectual and Industrial Property

The User acknowledges that all elements of the Platform and of each of the products, the information and materials contained therein, the trademarks, the structure, selection, arrangement, and presentation of their contents, and the computer programs used in connection with them, are protected by intellectual and industrial property rights belonging to BLACK JAGUAR itself or to third parties, and that the Terms and Conditions do not grant the User any rights regarding said intellectual and industrial property rights other than those specifically set forth therein.

Accordingly, and pursuant to the provisions of Royal Legislative Decree 1/1996 of April 12, approving the consolidated text of the Intellectual Property Law—which consolidates, clarifies, and harmonizes the legal provisions in force on the subject (hereinafter, the "Intellectual Property Law")—as well as Law 17/2001 of December 7 on Trademarks and complementary legislation regarding intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, or public communication (including making available to the public) of all or part of the Platform's content—in any format or by any technical means—is expressly prohibited, except with express written authorization from BLACK JAGUAR.

Specifically, and pursuant to national, European, and international intellectual property regulations, the use of all or part of the content of this website—and specifically content created by BLACK JAGUAR—for commercial purposes, on any medium and by any technical means, is expressly prohibited without BLACK JAGUAR's authorization.

The User shall use the materials, elements, and information accessed through the use of the Platform solely for their own needs, and undertakes not to engage—either directly or indirectly—in the commercial exploitation of the materials, elements, and information obtained thereby.

The User agrees to respect the intellectual and industrial property rights owned by BLACK JAGUAR. The User shall refrain from removing, altering, bypassing, or manipulating any protection device or security system installed on the BLACK JAGUAR Platform.

BLACK JAGUAR does not grant any license or authorization of use of any kind regarding its intellectual and industrial property rights or any other property or right related to the Platform; under no circumstances shall it be construed that Users' access to and navigation of the Platform implies a waiver, transfer, license, or assignment—whether total or partial—of said rights by BLACK JAGUAR.

Any use of such content not previously authorized by BLACK JAGUAR shall be considered a serious infringement of intellectual or industrial property rights and shall give rise to the legally established liabilities.

9.- Protection of personal data

BLACK JAGUAR guarantees the security and confidentiality of the personal data provided by Users, in compliance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, "GDPR") and Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights (hereinafter, "LOPDGDD").

In this regard, Users are informed that, regarding privacy and the protection of their personal data, they may exercise the following rights:

  • Access your personal data;
  • Request the rectification of any inaccurate data;
  • Request the deletion of their data;
  • Request the restriction of the processing of your data;
  • Object to the processing of their data;
  • Exercise your right to be forgotten; and
  • request the portability of their data. Likewise, Users shall have the right not to be subject to decisions based solely on automated data processing.

The User may exercise all these rights at the email address privacidad@blackjaguar.es indicating the reason for your request.

Notwithstanding the foregoing, to obtain full details regarding the processing of personal data carried out by BLACK JAGUAR, the User may find the privacy policy at the following link: https://www.blackjaguar.es/privacy-policy/

9.- Modifications

The information appearing on this Platform is current as of the date of its last update. BLACK JAGUAR reserves the right to update, modify, or remove information from this Platform, as well as these Terms and Conditions, in order to adapt them to changes in applicable legislation and/or the operation of the Platform.

10.- Safeguard clause

All clauses or provisions of these Terms of Use shall be interpreted independently and autonomously; the remaining stipulations shall not be affected should any one of them be declared null and void by a court judgment or a final arbitral award. The affected clause(s) shall be replaced by one or more clauses that preserve the effects intended by the Terms of Use.

11.- Contractual assignment

The User may not assign their rights and obligations under these Terms and Conditions to third parties without the prior written consent of BLACK JAGUAR.

Notwithstanding the foregoing, BLACK JAGUAR may assign its rights and obligations to any entity within its group of companies, worldwide, as well as to any person or entity that succeeds it in the conduct of its business on any grounds.

12.- Right of exclusion

BLACK JAGUAR reserves the right to deny or withdraw access to the Platform without prior notice—whether on its own initiative or at the request of a third party—to users who fail to comply with these Terms and Conditions of Use of the Platform.

13.- Further information

In the event that BLACK JAGUAR translates this text of the Terms and Conditions into languages ​​other than Spanish, and any doubt or misunderstanding arises regarding a clause due to the translation itself, the provisions of the Spanish version shall always prevail over the provision in the translated text that may have given rise to such confusion, doubt, or misunderstanding.

14.- Jurisdiction and applicable venue

These Terms and Conditions shall be governed by Spanish law. In the event of any dispute regarding the interpretation, performance, or validity of these Terms and Conditions, the courts and tribunals of Madrid shall have jurisdiction.