1. Identification data
In compliance with the provisions of Article 10 of Law 34/2002 of 11 July, on information society services and electronic commerce, we hereby provide the necessary details of the owner of the website www.freixenet.es (hereinafter the "Website") and provider of the service:
- Name or company name: COMERCIAL GRUPO FREIXENET, S.A.
- Identity number or tax ID: A-58588922.
- Place of residence or address: Joan Sala 2, 08770 Sant Sadumí d’Anoia, Barcelona (SPAIN).
- Email address: firstname.lastname@example.org.
- Contact phone: (+34) 93.891.70.30
- Fax: + 34 93.891.70.44
- Data of entry in the Commercial Register: Commercial Register of Barcelona, Volume 237, Page 161, Sheet 16968.
2. General terms and conditions of use
The present general conditions of use and browsing (from now on, the "Conditions"), have the objective of regulating the relationship between the owner of the website, as the provider of the service, and the users who access, browse and enjoy the service offered (from now on, referred to individually as the "User" or collectively as the "Users").
The Website provides Users with general information about the owner of the Website, its services and activities (hereinafter referred to as the "Content"), all in accordance with these Conditions. As it is a professional site, its content is not addressed to Users who are minors.
If the User continues to browse and make use of the services we offer through our Website, he or she accepts without reservation of any kind, the present Terms and Conditions of Use.
The owner of the Website reserves the right to modify these Conditions at any time and at its sole discretion, so we advise the User to review them frequently.
3. Access and registration on the Website
Access to most of the contents of the Website is completely free and does not require prior registration, notwithstanding the fact that there may be particular sections or services that require prior registration, of which the user will be informed in advance.
The user must be over eighteen (18) years old. Access to the website by minors is prohibited. However, in the event of access to the Website by a minor, it will be presumed that such access has been made with the prior and express authorization of the minor's parents, guardians or legal representatives, notwithstanding the fact that the Provider reserves the right to make any and all verifications it deems appropriate.
Under no circumstances will the Provider be responsible for the veracity of the registration data provided by the Users, so that the individual User will be the only one responsible for the possible consequences, errors and failures that may arise from the lack of quality of the data.
4. Intellectual and industrial property
i. Legal protection of contents
The owner of the Website is also the owner of the rights of exploitation of intellectual and industrial property of the Website including all the Contents and elements of the same (by way of illustration, texts, images, audio and videos) available from the Website, as well as those that are hosted on third-party sites either because they are its property or because it has obtained the pertinent rights for their use. Likewise, the owner has obtained the appropriate authorizations regarding image rights from those who appear on its Website.
The total or partial reproduction, copying or distribution of the Content is prohibited without the express authorization of the owner. In no case shall it be understood that the User's access and browsing implies a waiver, transmission, licence or total or partial assignment of such rights by the owner of the Website. Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, transmit, use, process or distribute in any way all or part of the Content and elements of the Website for public or commercial purposes, without the express written authorisation of the owner of the Website.
Therefore, in accordance with the previous paragraph, the User may, in addition to viewing the Contents and elements of the Website, make prints, copies or downloads of them provided that such actions are intended solely for their personal and private use.
It is also forbidden to use the holder's contact details (postal address, telephone number, email address) to send any type of commercial communication, unless the necessary authorisations have been obtained beforehand in accordance with the applicable regulations.
ii. Associated trademarks and logos
The trademarks that appear on the Website belong to their owner or to third parties, with their authorization for their use on the Website.
Those who browse the Website are prohibited from using such trademarks, logos and distinctive signs without an authorisation from the owner or a licence to use them.
i. Suspension of the Website
The operation of the Website is supported by servers of service providers, connected by public and private communication infrastructures.
The owner of the Website will do everything possible to ensure the proper functioning of the Website, however, it cannot ensure the absence of interruptions for technical reasons in order to perform repair work, and / or maintenance or lack of coverage or failures in equipment and / or networks necessary for data transmission, which are beyond its control.
Thus, access to the Website may be suspended for reasons of force majeure (unforeseeable or unavoidable causes) as for instance, but not limited to:
- Failures in the electrical supply or telephone network,
- Virus attacks to the servers that host the Website,
- User errors in accessing the Website,
- Fires, floods, earthquakes or other natural events,
- Strikes or labour disputes,
- Armed conflicts or other force majeure situations.
The owner of the Website is exonerated from any responsibility if any of the circumstances indicated in this stipulation should arise.
ii. User's responsibility
Failure to comply with any of the rules included in these Conditions or with the legislation under which they are protected will give rise to the responsibility of the User towards the owner of the Website and/or towards third parties, for any damage or harm that may be caused as a result of such failure, regardless of whether this involves an illicit act, an administrative sanction, a misdemeanour or a crime, and will entitle the owner of the Website to, where appropriate, demand that the User be held responsible in the civil, administrative, labour or criminal field that may correspond.
iii. Owner's responsibility
The owner of the Website is not responsible for any damage caused to the User or third parties as a result of a breach attributable to the User, nor for the alteration of the User's equipment.
Likewise, it does not assume any responsibility for illegitimate intromissions through the use of computer or other viruses, whatever their origin, the improper use of the Website by the User or security errors caused by the incorrect functioning of the terminal equipment used by the User.
6. User obligations
The User may not, at any time, modify, alter or delete any data, information, content or element that is included in the Website.
The User must use the services made available to them in a diligent, correct and lawful manner. Under no circumstances may he or she disseminate content or propaganda of a racist, pornographic or xenophobic nature, or in general any that justifies criminal, violent or degrading acts against people and fundamental rights.
The User may not introduce software, viruses, malware or any other agent harmful to computer systems that may damage or alter the devices or terminals of the owner of the Website or other Users.
The User shall be solely responsible for any damages that may be caused by a breach of the conditions and obligations set out in these Conditions.
The User is prohibited from transmitting, including or disseminating advertising of themselves or third parties through any means available on our Website, if they have not obtained the express authorization of the owner of the same.
The mentions that may be made on the Website of other third-party websites will be for information purposes only. The owner of the Website does not develop or administer these pages nor is it the owner of other sites unless this is expressly indicated. Therefore, the owner will not be responsible for the contents of these sites, nor for any damages or losses derived from accessing them, or those generated by the services they provide.
The owner of the Website authorizes the establishment of links and hyperlinks from other websites. However, anyone who intends to establish a link between their website and the Website shall do so in compliance with the following conditions:
- The website where the link is placed shall not contain information or content that is illicit, contrary to morality, good customs, public order or any rights of third parties.
- It shall not be stated or given to understand that the owner of the Website has expressly authorized the link or has previously supervised, assumed or recommended in any way the services offered or made available on the website that establishes the link with this Website. It is therefore recommended that anyone browsing the Website should exercise caution in the assessment and use of the information, content and services available on the linked sites.
- The establishment of the link does not imply, in any case, the existence of a relationship between the owner of the Website and the owner of the website where the link is places.
8. Protection of personal data
The owner of the Website undertakes to treat the User's personal data in accordance with the provisions of current legislation on the subject. Specifically, it undertakes to apply the provisions of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights as well as the General Data Protection Regulation 679/2016 of 27 April 2016.
9. Applicable legislation
The relations established between the User and the owner of the Website will be governed by the provisions of the legislation in force regarding the applicable regulations and the competent jurisdiction, the rules of the Spanish legal system being applicable.
For those cases in which it is possible to submit voluntarily to a specific jurisdiction, the owner of the Website and the User, renouncing any other jurisdiction, will submit to the Courts and Tribunals of the province of Barcelona, unless legislation establishes otherwise.