Legal notice and conditions of use
1. WHO WE ARE (hereinafter referred to as the Company):
In compliance with the provisions set forth in the [Spanish] Law 34/2002, dated the 12th of July, on Services of the Information Society, we hereby inform you that this present page is owned by BODEGAS BARBADILLO, S.L, a Spanish company with [Spanish] Company Tax Identification Number B11514601, with corporate address in Luis de Eguilaz, 11, 11540 Sanlúcar de Barrameda (Cádiz), which is registered in the Commercial Registry of Cadiz on the 20th of March, 1934, in volume 39 of companies, Folio 108, Sheet 1258, with telephone no.: 956385500 and email address: email@example.com and we hereby inform you that you are duly authorised to use this Website, the use of which is subject to the provisions set forth in this present Legal Notice.
Navigation, as well as simple access to the Website and/or the mere use of the services offered herein, attribute the condition of user of said website (hereinafter referred to as the “User”) and imply the full and unreserved acceptance of the conditions set forth in this Legal Notice, in the version published by BARBADILLO at the same time as the User accesses the Website.
BARBADILLO reserves the right to unilaterally modify the clauses of this Legal Notice as well as the configuration and, in general, any other content or services that are available on this Website, at any time, and without having to give prior notice. If the user continues to use the services or simply accesses the website, it shall be understood that they have accepted the modifications in question. For this reason, BARBADILLO recommends consulting this document, as well as its subsequent modifications, on a regular basis.
Likewise, the use of the Website is subject to all of the legal notices, regulations for use, or instructions, that the users are informed of through this Website, and which substitute, complete and/or modify the present Legal Notice.
3. Correct use of the Website:
Except if stated otherwise in the Particular Conditions and/or the applicable GCCs, the users will not incur any costs by accessing this website, without prejudice to the cost of connecting to the corresponding telecommunications network in order to be able to access the website. The User is aware and voluntarily and expressly accepts that their access to the Website is under their sole and exclusive responsibility. The User undertakes to use this Website and all of its services and contents therein without contravening the current legislation, the good faith, the generally accepted usages and public order. Likewise, use of this Website for any illicit purposes or for any purposes that could be harmful to BARBADILLO or any third party is prohibited.
By using the Website, the User undertakes not to carry out any activity that could damage the image, the interests and/or the rights of BARBADILLO and/or any third parties, that could damage, render unusable or overload the Website, or that could impede, in any way, the normal use of the Website, the computer system or the documents, files and all types of content stored in any of BARBADILLO’S computer systems or those of other users or any other Internet user (hardware and software). By way of illustration, the User undertakes not to transmit, disseminate or make available to third parties, any information, data, content, messages and in general any type of material that:
a) In any way is in contrary to, disparages or infringes upon the fundamental rights and liberties recognised by the applicable legislation, that violates the business secrets of third parties, that infringes the regulations on the secrecy of communications, and/or that is in contrary to the right to honour, to personal and family privacy and to the individual’s self-image.
b) Induces, incites or promotes criminal, defamatory, violent, denigrating, discriminatory (on the grounds of sex, race, religion, creed, etc.) acts, which are harmful to health and /or in general, which are illegal and which go against morality, good customs and public order.
c) Incorporates, provides or allows access to products, elements, messages and/or services that are criminal, defamatory, violent, offensive, harmful and discriminatory and which are illegal and go against morality, good customs and public order.
All of the information that the User provides in the registration forms that they fill out on the present Website must be true. In this respect, the User states and guarantees the authenticity of the data that it sends to BARBADILLO when filling out any of the aforementioned forms. Likewise, the User will be responsible for maintaining all of the information provided to BARBADILLO up to date. In any case, the User will be the only party responsible for any false and inaccurate statements that they make, and, where applicable, they will be liable for any damage that said false information may cause to BARBADILLO.
4. Legal age:
The User declares that they are of legal age and that they have the necessary legal capacity in order to be bound by this present Legal Notice and they hereby undertake to make diligent use of the Website as well as all of the information contained therein, in accordance with the provisions set forth in the applicable regulations.
5. Intellectual and industrial property:
All of the industrial and intellectual property rights, as well as all of the information contained in the Website (images, brands, graphic design, source code, design, browsing structure, databases and any other content that appears therein) are the exclusive property of BARBADILLO, or where applicable, they are duly licensed by their owner. The names of any other products, services and companies that appear in this document or on the Website may be brands or other distinguishing signs that have been registered by their respective and legitimate owners, and it will not be understood that by accessing or using the Website, the User is attributed any rights over the cited brands and other registered distinguishing signs. Likewise, all of the Website’s content and information is protected by copyright and BARBADILLO owns the intellectual property rights for said content, and, where applicable, the users have been granted authorisation to use this information, however, under no circumstances shall it be understood that the User has been granted any of the exploitation rights that may exist over them, beyond what is absolutely necessary in order for them to correctly use the Website.
In the aforementioned context, the User is only authorised to view and obtain a temporary private copy of the contents of the website for their exclusive, personal and private use on their own computer systems (software and hardware), as such, said content must not be subsequently transferred to third parties. With the aforementioned exceptions, the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, re-sending or using, by any nature, means or procedure, any of said content, except in the cases that are legally permitted, or in the cases in which they have obtained express authorisation, in writing, from BARBADILLO and/or the holder of the corresponding rights. This includes, but is not limited to:
a) The User is not authorised to use the information contained on the Website to perform activities of a commercial or professional nature (direct sale or activities with any other type of commercial purpose, or to market said information in any way).
b) The User is not authorised to delete, evade or manipulate the “copyright” or any other data identifying the rights of BARBADILLO, or any of its other protection mechanisms.
c) The User is not authorised to disassemble, decompile or reverse the databases in which the Website’s information is stored.
The unauthorised use or resale of the information contained on this Website, as well as the infringement of BARBADILLO’s industrial and intellectual property rights will give rise to the legally established responsibilities.
6. Limitation of liability:
BARBADILLO reserves the right to interrupt access to its website and the provision of all or any of the contents and/or services offered through said website at any time and without having to give prior notice, for technical, security, control, maintenance or any other reasons.
As a consequence, BARBADILLO does not guarantee the reliability, availability and continuity of the Website nor of the content offered therein, and, as such, it is understood that the User accesses the website and its contents at their own risk.
Likewise, BARBADILLO will not be held liable for any interruptions to its service or any delays, errors, malfunctioning or any other inconveniences, which are caused by situations that are beyond BARBADILLO’s control and/ or which are the result of the fraudulent or wrongful acts of the user and/or situations of force majeure.
In this respect, and to the extent permitted by law, BARBADILLO will not be held liable for any losses or damages of any nature, which are the result of the lack of availability or continuity of the Website and its services, the reliability of the Website and its services, or which are due to problems accessing the different pages of the Website or the pages from which the services are provided.
BARBADILLO adopts reasonably adequate security measures to be able to detect viruses. However, it is important that the User is aware that the security measures of the data-processing systems on the Internet are not entirely reliable, therefore meaning that BARBADILLO is unable to guarantee the absence of viruses or other elements that could alter the User’s computer systems (software and hardware) or the electronic documents and user files contained therein.
In this respect, BARBADILLO excludes, to the full extent permitted by law, liability for any losses or damage, of any nature, that could be caused by the presence of viruses or other elements in the contents of the Website, and which could cause alterations in the User’s computer system, electronic documents and/or files.
BARBADILLO does not assume liability for any use that the User makes of the contents of the Website that may result in the violation of any type of regulation, whether national or international, or of the intellectual or industrial property rights or any other third party rights. In this respect, the User will be the only liable party in the case in which any legal claims or actions, whether judicial or extrajudicial, are filed by third parties against BARBADILLO as a result of the User’s use of the Website. In said case, the User will assume any expenses, costs or compensation which may be caused to BARBADILLO as a result of said claims or legal actions.
Accessing the Website and any use that may be made of the information contained therein, will be considered as the exclusive responsibility of the person performing said action. BARBADILLO will not be held liable for any consequences, losses or damages that may arise as a result of said access or use of the information. BARBADILLO will not take responsibility for any possible security errors nor any possible damage that may be caused to the User’s computer system (hardware and software), files and documents, as a result of browser malfunctioning or by using a non-updated version of the browser.
BARBADILLO will not be held responsible for any losses or damages arising from the use of the contents of the Website. In particular, BARBADILLO does not accept any liability or responsibility for the content or state of the links that are contained on this Website and that can lead the User to other websites and web pages managed by third parties. BARBADILLO does not accept any liability or responsibility for the contents or the state of the aforementioned websites and web pages. Access to these links through this Website does not imply that BARBADILLO recommends or endorses their contents.
7. Links policy:
Including hyperlinks or technical linking devices (e.g., links, banners or buttons) for commercial purposes on non-BARBADILLO web pages to provide access to this domain without the prior written consent of BARBADILLO is strictly prohibited. The existence of said hyperlinks will not imply, under any circumstances, that a commercial or mercantile relationships exists between the owner of the web page on which the hyperlink has been included and BARBADILLO, and likewise, it will not be understood that BARBADILLO has accepted its contents or services.
In any case, BARBADILLO reserves the right to prohibit or disable any hyperlink or technical linking device (e.g., links, banners or buttons) to its website at any time, especially in the cases in which the activity or contents of the website where the hyperlink or technical linking device has been inserted is unlawful.
On the other hand, BARBADILLO does not guarantee or assume any type of liability for any losses or damages suffered as a result of accessing third-party contents using the possible connections from the sites linked to the Website. Said hyperlinks or technical linking devices (e.g., links, banners or buttons) will be used exclusively for the purpose of informing users of the existence of other sources of information or Internet content or services. Under no circumstances will BARBADILLO be held responsible for the results obtained through said hyperlinks or technical linking devices (e.g., links, banners or buttons) or for any consequences which may arise as a result of the users’ access to these linked sites. These contents are provided by the third parties, and therefore BARBADILLO cannot control the legality of their content nor the quality of the services offered therein.
BARBADILLO does not offer or commercialise the information, content and services available on the linked websites itself and/or through any third parties. Likewise it does not endorse, supervise or control in any manner, the contents and services, or material of any nature which are available on said websites and as such, the User assumes exclusive responsibility when browsing on said websites.
8. Data protection policy:
All the notifications and communications (hereinafter referred to as “Notifications”) which are sent by the user to BARBADILLO will be considered to be effective for all purposes when they are addressed to the Atención al Usuario (User Support) service at the following email address: firstname.lastname@example.org. Likewise, all the Notifications sent by BARBADILLO to the user will considered valid if the User’s details have been used and if the notification has been sent through any legally valid means of communication. For the purposes hereof, the User attests and guarantees that all the data that they have provided is true and correct and likewise they state that they will maintain their data up-to-date.
This web page has been prepared by BARBADILLO in accordance with the principles of good faith. However, in the event in which any third party considers that their intellectual and/or industrial property rights have been infringed, they must notify BARBADILLO by sending a letter a communication to the aforementioned address.
10. Withdrawal and suspension of service:
BARBADILLO may withdraw or suspend at any time, without having to provide prior notice, the provision of the services offered through the Website to any users who do not comply with the provisions set forth in this Legal Notice.
11. Duration and termination:
In principle, this Websites and the services provided herein have an indefinite duration. However, BARBADILLO is authorised to terminate or suspend the provision of the aforementioned services and remove its Website at any time. Where reasonably possible, BARBADILLO will give prior notice to the users regarding the suspension or removal of the Website, and, where applicable, the services contained therein.
12. Applicable law:
All legal matters related to the use of this Website will be subject to the Spanish Legislation. Any issues which may arise will be resolved before the courts of Cadiz.
In the event that any of the stipulations set forth in these General Conditions of Use is declared to be unenforceable or invalid by virtue of the applicable legislation or as a result of a judicial or administrative ruling, said unenforceability or invalidity shall not render the entire contents of these General Conditions of Use unenforceable or invalid. In these cases, the COMPANY shall proceed to modify or replace the relevant stipulation with another that is valid and enforceable and which, as far as possible, achieves the purposes and objectives of the original stipulation.