Legal disclaimer
The information society services act(lssi)
BODEGAS GÓMEZ DE SEGURA IBÁÑEZ S.L., the responsible owner of this Website, hereinafter the OWNER, brings this document to the attention of users for the purposes of complying with the obligations provided for in the Information Society Services and Electronic
Commerce Act, Law 34/2002 of 11 July (LSSICE), and of informing all users in regard to the terms governing use of this website.
All persons accessing this website assume the role of User and thus commit to observing and complying strictly with the provisions set forth herein, as well as with any other legal provision that may be applicable.
BODEGAS GÓMEZ DE SEGURA IBÁÑEZ S.L. reserves the right to amend any type of information that may appear on this site without any obligation to pre-notify or warn users of said amendments, as publication on the BODEGAS GÓMEZ DE SEGURA IBÁÑEZ S.Lwebsite is deemed to be sufficient notice.
1. Identification details
Company name: BODEGAS GÓMEZ DE SEGURA IBÁÑEZ S.L.
Commercial name: BODEGAS GÓMEZ DE SEGURA
Tax Reg: B-01307834
Address: Barrio El Campillar nº7 -01300- Laguardia (Álava)
e-mail: info@gomezdesegura.com
2. Purpose
This Website provides Users with the opportunity to access information concerning our services.
3. Privacy and data processing
In order to access certain contents or services, Users are required to provide certain personal data and in so doing, hereby guarantee that such data is truthful, accurate, authentic and valid. The company processes that data using the automatic data treatment means required in view of its nature or purpose, as per the terms laid down in the Privacy Policy herein.
4. Industrial and intelectual property
As a User, you acknowledge and agree that all contents displayed on this website, especially designs, texts, illustrations, logos, icons, buttons, software, trade names, trademarks, or any other susceptible brands of an industrial and/or commercial nature are subject to Intellectual Property Rights and all trademarks, trade names or distinctive signs subject to industrial and intellectual property rights in regard to the contents and/or any other item inserted on the site is the exclusive property of the company and/or of a third party, who holds the exclusive right to exploit them for profit. Therefore, you the User agree not to reproduce, copy, distribute, make available or in any other way publicly transfer, transform or amend such contents and to keep the company exempt from any claim arising from breach of said obligations. Under no circumstances does access to this website involve any waiver, license or total or partial assignment of such rights, unless expressly stated otherwise. The General Terms of Use of this website do not give Users any other right to use, alter, exploit, reproduce, distribute or communicate publicly the website and/or its contents, other than expressly provided for herein. Any other use or exploitation of any rights shall be subject to prior and express authorisation specifically granted for such purposes by the company or third-party owner of the relevant rights.
The contents, texts, photographs, designs, logos, illustrations, computer programmes, source codes and, in general, all intellectual creation on this Website, as well as the site itself as a whole, given it is a multimedia work of art, are copyright protected under intellectual property legislation. The company either owns the graphic design items used on this site, its menus, navigation tabs, HTML code, text, illustrations, textures, graphics and other contents on the web or in any case, holds the relevant permission to use those items. The contents set out on the Website may not be reproduced in whole or in part, or transmitted, or recorded by any data retrieval system in any form or medium, until prior authorisation thereto is obtained in writing from the afore-mentioned body.
Likewise, it is forbidden to suppress, evade and/or manipulate the “copyright” or the technical protection devices, or any other information mechanisms that the contents may contain. The User of this Website undertakes to respect the rights set forth and to avoid any action that might harm them, and in any case, the company reserves the right to exercise whatever legal means or actions may be called for to defend its legitimate intellectual and industrial property rights.
5. Website user obligations and responsabilities
The User agrees to:
- Make suitable and lawful use of the website and of the contents and services offered in accordance with the legislation applicable at any time; the General Terms of Use governing this website; and generally accepted ethical and moral standards and public
order. - Employ all technical means and requirements needed to access this website.
- Provide accurate information when completing their personal details on the forms on the website and to keep them updated to match the User’s actual situation at all times. The User shall be solely responsible for any false or inaccurate statements made and for any damages caused to the company or third parties as a result of the information provided.
Notwithstanding the provisions of the previous section, the User must also refrain from:
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- Making unauthorised or fraudulent use of the site and/or its contents for illicit purposes, or purposes forbidden under these Terms and Conditions of Use, or which violate the rights and interests of others, or in any way harm, disable, overload, deteriorate or prevent the normal use of services or documents, files and all other content stored on any computer.
- Accessing or attempting to access restricted resources or areas on the site without fulfilling the conditions required for such access.
- Causing damage to the site’s hardware or logical systems or those of its suppliers or third parties.
- Introducing or spreading computer viruses or any other physical or logical system that may be likely to cause damage to the physical or logical systems of the company, its
suppliers and/or third parties. - Attempting to access, use and/or manipulate data referring to the company, third-party providers and other Users.
- Reproducing or copying, distributing, enabling public access through any form of public communication, transforming or amending the contents, unless you have been authorised to do so by the owner of the relevant rights or when such action is legally allowed.
- Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other data identifying the rights of the Company or of third parties written into the contents, as well as the technical protection devices or any other information mechanism that may be inserted in the contents.
- Obtaining or attempting to obtain the contents using means or procedures other than those that, depending on the case, have been made available for such purposes or have already been expressly indicated on the websites where the contents are located or, in general, those generally used on the Internet given they do not involve a risk of damage or misuse for the website and/or its contents.
- Merely by way of example, notwithstanding other instances, the User agrees not to transmit, disseminate or make available to third parties any information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
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- May in any way be contrary, disparage or violate fundamental rights and public liberties recognised in the Constitution, in International Treaties, or in the rest of current legislation.
- Induces, incites or promotes criminal, denigrating, defamatory, or violent actions or, in general, actions contrary to the law, morals, generally accepted good behaviour or public order.
- Induces, incites or promotes discriminatory actions, attitudes or thoughts in respect of sex, race, religion, beliefs, age or condition.
- Incorporates, makes available or enables access to products, items, messages and/or services of a criminal, violent, offensive, harmful, degrading or, in general, illegal nature or that is contrary to the law, morals and generally accepted good behaviour and public order.Induces any unacceptable state of anxiety or fear.
- Induces or incites involvement in actions considered to be dangerous, risky or harmful for physical and mental health.
- Is protected by legal intellectual or industrial protection rights belonging to the Company or to third parties without such intended use having been properly authorised
- Is contrary to the personal or family honour and privacy or to the public image of other people.
- Constitutes any form of advertising.
- Includes any type of virus or software that prevents the website from functioning normally.
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If a password is required to access any of the services and/or contents on this website, you must use it diligently and keep it secret at all times. Consequently, you are responsible for its proper custody and confidentiality and agree not to assign it to third parties, either temporarily or permanently, nor to allow access to the afore-mentioned services and/or contents by outsiders. Likewise, you are obliged to notify the company of any fact that involves any improper use of your password, such as, for example, its theft, loss or unauthorised access, so that it can be cancelled immediately. Consequently, until such notification has been made, the Company shall be exempt from any liability that may arise from misuse of your password, and it is still your responsibility to prevent any illegal use of the contents and/or services of this website by any illicit third party. Should you negligently or wilfully breach any of the obligations established in these General Terms of Use, you shall be liable for all and any damages the Company may incur as a result of such a breach..
6.Responsabilities
No guarantees are given as to access to the site being continual or to the viewing, downloading or usefulness of the items and information contained thereon being correct if the Site is impeded, hindered or interrupted by factors or circumstances beyond the Company’s control. Likewise, the Company declines all responsibility for the decisions you may take as a result of your access to the contents or information offered on the site.
The service or the relationship with the user may be interrupted or terminated immediately if any use of the website or of its services contrary to these Terms and Conditions of Use is detected. Nor does the Company accept liability for any damages, losses, claims or expenses arising from use of the webpage.
It shall only be responsible for eliminating, as quickly as possible, any content that may cause such injury, provided that it receives notification thereof. In particular, the Company shall not be responsible for any damages that may arise, among others, from:
- Interference, interruption, failure, omission, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system caused by deficiencies, overloads and errors in telecommunication lines and networks or by any other cause beyond the Company’s immediate control.
- IIllegitimate interference through the use of malware of any kind or through any means such as computer viruses or others.
- Improper or inappropriate abuse towards the website.
- Security or navigation errors produced by a malfunction of your browser or failure to use the latest version of it. The webmaster is entitled to withdraw, in whole or in part, any content or information on this website.
The company declines all liability for damages of any kind that result from misuse of the unrestricted services made by Users of this website. Likewise, it is exonerated from any liability in regard to contents and information that are supplied on data collection forms, which have the sole purpose of responding to enquiries and questions. On the other hand, in the event of injury or harm due to unlawful or improper use of such services, the User may be held liable for damages.
You agree to keep the company exempt from all damages as a result of claims, legal actions or lawsuits by third parties in regard to your access or use of this website. Likewise, you agree to make compensation for any damage arising from your use of “robots”, “spiders”, “crawlers” or
similar tools used to collect or extract data or from any other action you may use that imposes an unreasonable burden on the website’s operating capability.
7. Hyperlinks
The User agrees not to reproduce this Website or any of its contents in any way, not even via a hyperlink, without express written permission from the body responsible for the file.
This website may contain links to webpages managed by third parties in order to facilitate access by the user to information from business partners and/or sponsors. Consequently, the company declines all responsibility for the contents of those webpages and does not guarantee and/or offer any of the services and/or information offered by third parties through third party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the home page of this Website exclusively for private, non-commercial purposes. Any websites that include a link to our Webpage may not misrepresent the relationship or state that that link has been authorised, or include trademarks, trade names, brand names, logos or other distinctive signs belonging to our company. Likewise, users may not include contents that may be considered to be bad taste, obscene, offensive, or controversial, or to incite violence or discrimination based on sex, race or religion, or be contrary to public order or illegal; no link may be made to any page on this Site other than the Home page; the link must contain the proper address for this Website and may not enable their site to reproduce ours as part of its own or to display ours inside a “frame” or to create a “browser” on any pages in this Website. The company is entitled, at any time, to request links to our Website be removed, following which their immediate removal must be implemented.
The Company cannot control the information, contents, products or services provided by other sites that have set up links to our Website.
8. Data protection
In order to use a number of the Services herein, the User is required to first provide certain personal data. The company shall process that data automatically and apply appropriate security measures, all in compliance with current Private Data Protection laws and regulations (RGPD, LOPDGDD & LSSI) in Spain. Users may access our policy for handling personal data, as well as the pre-defined purposes for which it is collected, under the terms set forth in our Privacy Policy.
9. Cookies
The company reserves the right to use “cookie” technology on this Website in order to recognise frequent users and to customise the use they make of the site by pre-selecting their language or specific, most frequently-sought content.
Cookies collect the User’s IP address, and Google is responsible for processing that information.
Cookies are files sent to a browser through a web server to record the User’s browsing habits on the Website, provided the User accepts them. If you prefer, you can configure your browser to notify you on screen when cookies are received and to prevent cookies from being installed on your hard drive. Please consult the instructions and manuals for your Internet browser for further information on this matter.
Cookies make it possible for the browser on the device used by the User to be recognised by the site in order to display contents that match more closely the User’s browsing or advertising preferences or their demographic profile, and also enable the number of visits and other traffic parameters to be measured.
10. DECLARATIONS AND WARRANTIES
In general, the contents and services offered on this Site are merely informative in nature. Therefore, when offering them, no guarantee or declaration is being given in regard to contents and services offered on the site, including but not limited to, guarantees of legality, reliability, usefulness, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
11. Force majuere
The Company shall not be held liable for any event that renders it impossible to provide the service, when such failure is due to prolonged interruptions in power supplies, telecommunications lines, or to social unrest, conflicts, strikes, rebellion, explosions, floods, acts and omissions by the Government, and in general for any case of force majeure or fortuitous event.
12. RESOLUTION OF DISPUTES, APPLICABLE LAW AND JURISDICTION
These Terms of Use, as well as the use made of this Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals at the registered offices of Bodegas Gómez Segura Ibáñez S.L.In the event that any stipulation of these General Terms of Use turns out to be unenforceable or null by virtue of applicable legislation or as a consequence of a court or government resolution, said unenforceability or nullity shall not render the rest of these General Terms & Conditions of Use unenforceable or null. In such cases, the company shall proceed to amend or replace the clause in question with another that is valid and enforceable and which, as far as possible, achieves the objective and purpose intended by the original version.