1. Ownership
https://viniberia.com and https://shop.viniberia.com/ are Internet domains owned by VINIBERIA S.A with NIF: A11607959 with address at C / Povera nº 6, 2ªPlanta, 11403 Jerez de la Frontera, Cádiz. Registered in the Mercantile Registry (hereinafter the Owner).
2. General Conditions of Use
By accessing the Website, the User declares that he accepts this Legal Notice with all its conditions of use. In any case, this Legal Notice is mandatory and binding; any person who does not accept its conditions must refrain from using the Website and / or the services promoted by the Owner, through it. These conditions do not create any partnership, mandate, franchise, or employment relationship between the Owner and the Users.
This Legal Notice regulates the use of this Website, which the Owner makes available to people who access in order to provide them with information about their own services and / or third party collaborators, and facilitate access and contracting thereof.
3. Applicable rules
This Legal Notice is subject to the provisions of Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, of December 5, 2018 (LOPDGDD), Regulation EU 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of these data and by the repealing Directive 95/46/EC (General Data Protection Regulation), Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce, Royal Decree-Law 13/2012, of 30 March, transposing directives on the internal markets of electricity and gas and on electronic communications, and by which measures are adopted for the correction of deviations due to mismatches between the costs and revenues of the electricity and gas sectors, as well as any subsequent regulations that modify or develop them.
Both access to the Website owned by the Owner and the use that may be made of the information and content included therein, will be the sole responsibility of the person who carries it out. The conditions of access to the Website will be subject to current legislation and the principles of good faith and lawful use by the User of the same, being prohibited in general any type of action to the detriment of the Owner. The use of the Website for illegal or unauthorized purposes shall be strictly prohibited.
4. Modification of the Terms of Use
The Owner reserves the right to modify, at any time, the presentation and configuration of the Website, as well as this Legal Notice. Therefore, The Owner recommends the User to read them carefully each time he accesses the Website. You will always have the Legal Notice in a visible place, freely accessible for as many queries as you want to make.
5. Description of services
https://viniberia.com and https://shop.viniberia.com/ are Websites of the Owner and serve as an information tool for the services offered.
6. Termination
The Owner reserves the right to interrupt or cancel the Website or any of the services therein, at any time and without prior notice, for technical or any other reasons, and may also unilaterally modify both the conditions of access and all or part of the contents included therein, all without prejudice to the rights acquired at that time.
7. Responsibilities
The links contained in the Website may direct to third-party Websites. The Owner does not assume any responsibility for the content, information or services that may appear on these sites, which will be exclusively informative and that in no case imply any relationship between the Owner and the persons or entities holding such content or owners of the sites where they are located.
The Owner is not responsible under any circumstances for any type of damage that Users may cause to this Website, or any other, for the illegal or improper use of it, or the contents and information accessible or provided through it.
The Owner will not be responsible for infringements made by users of its website that affect third parties.
The Owner does not guarantee the reliability, availability or continuity of its Website or the Services, so the use thereof by the user is carried out at their own risk, without, at any time, the Owner being held responsible for it.
The Owner will not be responsible in case of interruptions of the services, delays, malfunction of the same and, in general, other inconveniences that have their origin in causes beyond the control of the Owner, and / or due to a fraudulent or culpable action of the user and / or have as its origin causes of fortuitous event or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, will be understood included in the concept of force majeure, in addition, and for the purposes of this Legal Notice, all those events beyond the control of the Owner, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a result of natural phenomena, power cuts, etc. and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that the Owner has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, the Owner will not assume any responsibility for direct or indirect damages, consequential damages and / or loss of profits.
The Owner will try as far as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of veracity. However, it informs that there may be any type of error without intentionality and being the User free to contrast the content.
The Owner cannot be held responsible for the use of this Website by outsiders or references that may exist on other sites.
8. Indemnification
Users will hold the Owner harmless for any claim or demand from third parties related to the activities promoted within the Website or for the breach of the Legal Notice and other policies that are understood to be incorporated into this document, or for the violation of any laws or rights of third parties.
9. Nullity and ineffectiveness of the Clauses
If any clause included in this Legal Notice or the rest of the legal and informative texts of the Website is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only that provision or the part of it that is null or ineffective, subsisting the rest of the conditions established in everything else, having such provision, or the part thereof that is affected, by not included.
10. Notices
All notifications, requirements, requests and other communications to be made by the parties in relation to this Legal Notice or other legal and informative texts, must be made in writing and it will be understood that they have been duly made when they have been delivered by hand or sent by ordinary mail to the address of the other party or to the email of the latter, or to any other address or email that for this purpose each party may indicate to the other.
11. Intellectual and Industrial Property
The intellectual property rights of this Website, its source code, design, navigation structures and the different elements contained therein are the exclusive property of the Owner to whom corresponds the exercise of the rights of exploitation of the same in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with applicable Spanish and European Union legislation.
The total or partial reproduction of the contents of this Website without the express written consent of the Owner is strictly prohibited. The unauthorized use of these contents by any other person or company will give rise to the legally established responsibilities.
Any form of exploitation is prohibited, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, through any type of support and medium, of the aforementioned works, creations and distinctive signs without prior and express authorization of their respective owners. Failure to comply with this prohibition may constitute an offence punishable by current legislation.
It is prohibited, except in cases expressly authorized by the Owner, to present this Website or the information contained therein under frames, distinctive signs, trademarks or social or commercial names of another person, company or entity expressly including the photographic content that is considered the exclusive property of the Owner.
The infringement of any of the aforementioned rights may constitute a violation of these conditions, as well as an offense punishable in accordance with articles 270 and following of the Criminal Code.
Those users who send to the Website observations, opinions or comments through the email service or by any other means, in cases in which the nature of the services is possible, it is understood that they authorize the Owner for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for as long as the copyright protection provided for by law and without territorial limitation. Likewise, it is understood that this authorization is made free of charge.
The Owner warns that it can not be held responsible for the comments or any type of contribution of third parties that are displayed on the site itself or in linked external spaces, these do not manifest in any case the opinion of the Owner and the possibility of eliminating them if they are considered incorrect, is reserved exclusively, or that act against their own interests or those of third parties, according to the criteria of the Holder.
The Owner is not responsible for the use that the User makes of the Services of the Website, as well as any material that he himself includes in this Website, which may infringe the rights of intellectual or industrial property or any other right of third parties.
12. Jurisdiction
For any questions arising on the interpretation, application and compliance with this Legal Notice, as well as claims that may arise from its use, all parties involved submit to the corresponding Judges and Courts according to their jurisdiction.
13. Storage time.
All computer equipment or other devices repaired or pending acceptance that we store in our facilities after six months from receipt, will be recycled or discarded without prior notice, we understand that our customers do not want the equipment and accept our policy.
Privacy Policy.
The Owner undertakes to comply with the regulations on the Protection of Personal Data and to respect the privacy of Users. The objective is to offer the best service to the User and for this it is necessary to have their data.
1. Responsible for the Treatment
VINIBERIA S.A with NIF: A11607959 with address at C / Povera nº 6, 2ªPlanta, 11403 Jerez de la Frontera, Cádiz.
2. Purposes
Attention to queries: Answer the queries of the User who gets in touch through the Forms.
Navigation data: Data collected by own or third-party cookies that may be generated by this Website and which are specifically reported in the Cookies Policy.
Commercial communications: For the User who voluntarily accepts this option, promotions, advertising, offers, news, invitations to events and any type of commercial information of the Owner will be sent.
3. Legitimation and conservation
Legal basis of the treatment: Consent granted by the User providing their data voluntarily and accepting the Privacy Policy.
In case of not providing the necessary data for these purposes, it will not be possible to provide the services. The data will be kept as long as the relationship is maintained and its deletion is not requested and in any case in compliance with legal limitation periods that are applicable.
4. Assignments
No transfers of the data collected through this Website are planned, unless expressly indicated, where appropriate, in the corresponding informative text.
5. Rights of data subjects
Users can exercise their rights of access, rectification, deletion, portability and limitation or opposition by sending a signed request by postal mail with the subject "Data Protection", to the address: Avda. Juan Melgarejo nº 6, local 12B. 11500. El Puerto de Santa María, Cádiz, clearly indicating the contact details and sending a copy of your identity document. Users have the right to withdraw the consent given and have the right to complain to the Control Authority (Spanish Agency for Data Protection www.aepd.es).
6. Free text fields
The free text fields that, at the disposal of the User, may appear in the forms of the Website have the sole and exclusive purpose of collecting information to improve the quality of the Services.
The User will not include, in those spaces that the Website may offer as "free text fields", any personal data that can be qualified within those data for which a special level of protection is required, understood as such data, by way of example and not limitation, those relating to the economic-financial situation, psychological profiles, ideology, religion, beliefs, union membership, health, racial origin and/or sex life.
7. Non-mandatory fields
The Owner informs the User of the non-mandatory nature of the collection of some data, except in the fields indicated otherwise by a (*). However, the non-completion of such data may prevent the provision of all those Services linked to such data, releasing you from any responsibility for the non-provision or incomplete provision of these Services.
8. Access and rectification of personal data
The User undertakes to provide certain information in relation to their personal data, and to keep the data provided to the Owner always updated. The User will be responsible, in any case, for the veracity of the data provided, the Owner reserving the right to exclude from the services any User who has provided false data, without prejudice to other actions that proceed in Law. The data provided by the User will be presumed correct, so, in case of erroneous sending of their data by the User, the Owner, declines any responsibility in case of incorrect execution or non-execution of the shipment, as well as incorrect compliance with the necessary administrative procedures.
9. Communication of personal data
In relation to the management of services, the data of the Users may be processed by companies that provide the Owner with various services, among others, shipping, messaging, accounting, consulting, computer maintenance, or any other that due to its condition of Treatment Manager is indispensable or inevitable that they access or treat these data. This treatment will not be considered in any case a transfer of data.
The Owner will not transfer your data to third parties in any case.
10. Confidentiality
In addition, information of any kind that the parties exchange with each other, that which they agree has such a nature, or that which simply deals with the content of said information, will also have the status of confidential. The visualization of data through the Internet, will not imply direct access to them, unless express consent of its owner for each occasion.
11. Photographs
In compliance with the provisions of the current regulations on the Protection of Personal Data, it is reported that photographs in which people appear are considered personal data. With this communication it is reported that photographs of people for promotional purposes and who have voluntarily agreed to it may appear on this Website. If in any case, anyone who appears in them wishes that a photograph is not shown, please contact us and it will be removed as soon as possible. It will not be valid for people who have provided a service in a professional manner.