General terms and conditions of use
1. Introduction
These general conditions of use of the website regulate the terms and conditions of access and use of www.gonzalocelayetawines.com, owned by Gonzalo Celayeta Escudero and with Tax Identification Code number 44612113W, hereinafter ‘the Company’, which the user of the Portal must read and accept in order to use all the services and information provided by the portal.
In any case, the user declares that he/she is of legal age, has full capacity to act, knows how to read and fully understands all the clauses included in these general conditions of use. In the case of minors, they may not use the Portal without the prior consent of their parents or guardians.
The user as well as the Company, owner of the Portal, may be jointly referred to as the Parties or each separately as the Party. The mere access and/or use of the Portal, of all or part of its contents and/or services means the full acceptance of these General Conditions of Use. The provision and use of the Portal is understood to be subject to strict compliance with the terms set out in these General Conditions of Use of the Portal.
2. Definitions
The Parties agree that the following terms have the following meanings: The Portal: The website located at the following Internet address: www.gonzalocelayetawines.com, as well as any subdomain or extension thereof.
User: Person who accesses the Portal and uses the services or accessible information.
3. Conditions of use
These General Conditions of Use of the Portal regulate the access and use of the Portal, including the contents and services made available to Users on and/or through the Portal, either by The Portal, by its Users or by any third parties. However, access to and use of certain contents and/or services may be subject to certain Specific Conditions for certain contents or services.
4. Modifications
The Portal reserves the right to modify the General Conditions of Use of the Portal at any time. In any case, it is recommended that you periodically consult these General Conditions of Use of the Portal, as they may be modified.
5. Information and services
Users can access different types of information and services through the Portal. The Portal reserves the right to modify, at any time and without prior notice, the presentation and configuration, information and services offered through the Portal. The User expressly acknowledges and accepts that at any time the Portal may interrupt, deactivate and/or cancel any of the information or services. The Portal will make its best efforts to try to guarantee the availability and accessibility of the Portal. However, on occasions, for reasons of maintenance, updating, change of location, etc., access to the Portal may be interrupted.
The Portal offers access to the information and services as is, and does not provide any equipment, material or service to access them. For the correct access and use of certain information and services, the User must download certain programmes onto their equipment.
The Portal does not intervene in the creation of those contents and/or services provided or supplied by third parties on and/or through the Portal, nor does it control their legality. In any case, it does not offer any kind of guarantee regarding the same. The User acknowledges that the Portal is not and will not be responsible for the contents and/or services provided or supplied by third parties on and/or through the Portal. The User accepts that the Portal shall not assume any responsibility for any damage or harm produced as a consequence of the use of this information or services of third parties.
6. Cost
There are certain contents, data, information and services that, in order to access them, the User must pay a fee. In these cases, the Portal will inform the User beforehand.
7. Obligations of the User
The User must at all times respect the terms and conditions established in these General Conditions of Use of the Portal. The User expressly declares that he/she will use the Portal diligently and assumes any liability that may arise from non-compliance with the rules.
The User undertakes not to use the information and services offered on the Portal to make decisions with economic implications, as he/she is aware that such information and services are not updated and may contain inaccuracies or errors. Likewise, in those cases where data or information is requested, the User undertakes not to falsify his or her identity by pretending to be any other person. The User accepts that the use of the Portal will be for strictly personal, private and particular purposes. The User may not use the Portal for activities that are contrary to the Law, morality and public order, or for purposes that are prohibited or that violate or harm the rights of third parties. Likewise, the dissemination, storage and/or management of data or content that infringes the rights of third parties or any regulations governing intellectual or industrial property rights is prohibited.
The User shall not use the Portal to carry out acts that support, incite or promote; 1. Illegal or criminal acts, denigratory, defamatory, discriminatory on grounds of sex, race, religion, beliefs; 2. Acts that are violent, pornographic, degrading, and/or in any way contrary to morality, good customs.
Likewise, the User may not use the Portal to transmit, store, disseminate, promote or distribute data or contents that contain viruses or any other computer code, files or programmes designed to interrupt, destroy or damage the operation of any computer or telecommunications programme or equipment.
The User shall not use the Portal to send advertising not authorised by the addressee.
The User undertakes to indemnify and hold the Portal harmless for any damage, prejudice, sanction, fine, penalty or indemnity that the Portal may have to face, as well as, including the fees of lawyers and/or solicitors, or of any third party, derived from the breach of these General Conditions by the User.
8. Availability of the information and services of the Portal
The Portal does not guarantee the continuous and permanent availability of the services, and is thus exempt from any liability for possible damages caused as a result of the unavailability of the service due to force majeure or errors in the telematic data transfer networks, beyond its control, or due to disconnections caused by improvement or maintenance work on the equipment and computer systems. In these cases, the Portal will make its best efforts to give 24 hours’ notice of the interruption. The Portal shall not be liable for any interruption, suspension or termination of the information or services. Likewise, it shall not be liable for any possible omissions, loss of information, data, configurations, improper access or breach of confidentiality caused by technical problems, communications or human omissions, caused by third parties or not attributable to the Portal. Nor shall it be liable for damage caused by computer attacks or caused by viruses affecting computer programmes, communications systems or equipment used by the Portal but manufactured or provided by a third party. The Portal may, at its sole discretion, deny, withdraw, suspend and/or block at any time and without prior notice, access to information and services to those Users who do not comply with these rules.
9. Responsibility of the Portal
The User acknowledges and accepts that the Portal does not grant any guarantee of any nature, whether express or implicit, about the data, contents, information and services that are incorporated and offered from the Portal.
Except where otherwise expressly required by law, and only to the extent and extent required by law, the Portal does not guarantee or assume any liability for any damages caused by the use and utilization of the information, data and services of the Portal.
In any case, the Portal excludes any liability for damages that may be due to the information and/or services provided or supplied by third parties other than the Company. All liability shall rest with the third party, whether supplier, partner or otherwise.
10. Personal data
The personal data received will be treated in accordance with the Organic Law 15/1999 of 13 December on the Protection of Personal Data and other concordant regulations in force in Spain. The personal data obtained by the Portal for the provision of any service or use of the Portal will be included in a computerised file. The data obtained will be used to offer the services requested and will also be used to keep the user informed about new services and contents of the Portal, attending, where appropriate, to the preferences indicated by the user. The User agrees to receive these e-mails, provided that they are related to the preferences indicated or services and information used by the User. The User expressly declares that any personal or third party data that he/she accesses, enters, modifies or deletes has the right to do so or that he/she has the express authorisation of this third party. The Portal informs the User that he/she may exercise the rights of access, rectification, opposition and cancellation of the data provided at any time, by e-mail (info (at) gonzalocelayetawines.com).
The Portal adopts all mandatory technical and organisational security measures for the processing of data, in accordance with the provisions of current legislation.
11. Intellectual and industrial property
All content, trademarks, logos, drawings, documentation, computer programs or any other element subject to protection by intellectual or industrial property legislation, which are accessible on the Portal correspond exclusively to the Company or their legitimate owners and all rights over them are expressly reserved. It is expressly forbidden to create hypertext links to any element of the Portal’s web pages without the authorisation of the Company, as long as they are not to a web page of the Portal that does not require identification or authentication for access, or access is restricted.
In any case, the Portal reserves all rights over the contents, information, data and services it holds over them. The Portal does not grant any licence or authorisation of use to the User of its contents, data or services, other than that expressly detailed in these General Conditions of Use of the Portal.
12. Applicable law, competent jurisdiction and notifications
These Conditions shall be governed by and construed in accordance with the laws of Spain. The courts and tribunals of Pamplona (Navarra) shall have jurisdiction over any claim.
13. Invalidity and ineffectiveness of clauses
If any clause included in these General Conditions is declared, totally or partially, null and void or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null and void or ineffective, and these General Conditions shall remain in force in all other respects, such provision or part thereof being deemed not to be included.
14. Good faith and diligence
The Parties undertake to perform their obligations and exercise their rights under these terms and conditions in accordance with the strictest requirements of good faith and diligence.
