LEGAL NOTICE AND GENERAL CONDITIONS OF USE

giveawaywines.com 

I. GENERAL INFORMATION

In compliance with the duty of information provided in Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) of July 11, the following general information on this website is provided below. :

The ownership of this website, giveawaywines.com  (hereinafter, Website) is held by: Ebresoft Informàtica SLU , provided with NIF: B-43835503 and registered in: Commercial Registry of Tarragona with the following registration data: Volume 2,167, folio 183, page number T-33,041 , whose representative is: Ricardo Altadill Amposta , and whose contact information is:       

Address: C/Sant Domenech nº 5 El Pinell De Brai CP 43594 Terra Alta – Tarragona – Spain 

Contact telephone number: 620864685 

Contact email: info@giveawaywines.com

II. GENERAL TERMS AND CONDITIONS OF USE

The object of the conditions: The Website

The purpose of these General Conditions of Use (hereinafter, Conditions) is to regulate access and use of the Website. For the purposes of these Conditions, the Website will be understood as: the external appearance of the screen interfaces, both statically and dynamically, that is, the navigation tree; and all the elements integrated in both the screen interfaces and the navigation tree (hereinafter, Contents) and all those online services or resources that it offers to Users (hereinafter, Services).

100-vinos  reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be incorporated therein. The User acknowledges and accepts that at any time 100-vinos may interrupt, deactivate and/or cancel any of these elements that are integrated into the Website or access to them.  

Access to the Website by the User is free and, as a general rule, is free without the User having to provide any compensation to be able to enjoy it, except in relation to the cost of connection through the telecommunications network provided. by the access provider that the User has contracted.

The use of any of the Content or Services of the Website may be done through the User’s prior subscription or registration.

The products can undergo organoleptic changes without this becoming a defect of the products, descriptions of the physical characteristics that the matter has in general, as they can be perceived by the senses, these would come from the color, flavor, smell and texture, since it is characteristic of the products offered and sold on this website that have an evolution in their properties due to their aging.

The user

Access, navigation and use of the Website, as well as the spaces enabled to interact between Users, and the User and 100-vinos , such as comments and/or blogging spaces, confers the status of User, therefore All the Conditions established herein, as well as their subsequent modifications, are accepted from the moment you begin browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be. Given the relevance of the above, the User is recommended to read them every time they visit the Website.   

The 100-vinos Website provides a wide variety of information, services and data. The User assumes responsibility for correct use of the Website. This responsibility will extend to:  

  • A use of the information, Content and/or Services and data offered by 100-vinos without it being contrary to the provisions of these Conditions, the Law, morality or public order, or that in any other way may involve injury to the rights of third parties or the operation of the Website itself.  
  • The veracity and legality of the information provided by the User in the forms issued by 100-vinos for access to certain Content or Services offered by the Website. In any case, the User will immediately notify 100-vinos about any fact that allows the improper use of the information registered in said forms, such as, but not only, theft, loss, or unauthorized access to identifiers. and/or passwords, in order to proceed to their immediate cancellation.    

100-vinos  reserves the right to withdraw all comments and contributions that violate the law, respect for the dignity of the person, that are discriminatory, xenophobic, racist, pornographic, spamming, that attack youth or childhood, the order or public safety or that, in your opinion, are not appropriate for publication.

In any case, 100-vinos will not be responsible for the opinions expressed by Users through comments or other blogging or participation tools that may exist.  

Mere access to this Website does not imply establishing any type of commercial relationship between 100-vinos and the User.  

The User declares to be of legal age and to have sufficient legal capacity to be bound by these Conditions. Therefore, this 100-vinos Website is not directed at minors. 100-vinos declines any responsibility for non-compliance with this requirement.    

The Website is aimed mainly at Users residing in Spain . 100-vinos does not ensure that the Website complies with the laws of other countries, either totally or partially. If the User resides or is domiciled in another place and decides to access and/or browse the Website, he or she will do so under his or her own responsibility, and must ensure that such access and navigation complies with the local legislation that applies to him or her, not assuming 100 – wines any responsibility that may arise from said access.     

III. ACCESS AND NAVIGATION ON THE WEBSITE: EXCLUSION OF WARRANTIES AND LIABILITY

100-vinos  does not guarantee the continuity, availability and usefulness of the Website, nor the Contents or Services. 100-vinos will do everything possible to ensure the proper functioning of the Website, however, it is not responsible or guarantees that access to this Website will not be uninterrupted or that it will be error-free.  

Nor is it responsible or guaranteed that the content or software that can be accessed through this Website is free of error or causes damage to the User’s computer system (software and hardware). In no case will 100-vinos be responsible for losses, damages or losses of any kind arising from access, navigation and use of the Website, including, but not limited to, those caused to computer systems or those caused by the introduction of viruses.  

100-vinos  is also not responsible for any damage that may be caused to users due to improper use of this Website. In particular, it is not responsible in any way for any telecommunications drops, interruptions, lack or defect that may occur.

Article 108, of Consumers and Users Act.

Unless 100-vinos offers to collect the goods, the consumer and user must return or deliver them to the entrepreneur, or to a person authorized by the entrepreneur to receive them, without any undue delay and, in any case, no later than the deadline 14 calendar days from the date on which you communicate your decision to withdraw from the purchase to the businessman, in accordance with article 106. The deadline will be considered met if the consumer and user returns the goods before the end of the period. period of 14 calendar days.

The consumer and user will only bear the direct costs of returning the goods, unless the businessman has agreed to assume them or has not informed him that he is responsible for assuming those costs.

Article 14. of Directive 2011/83/EU. Consumer obligations in case of withdrawal

Unless the trader himself offers to collect the goods, the consumer must return or deliver the goods to the trader, or to a person authorized by the trader to receive them, without any undue delay and, in any case, no later than the 14 days from the date on which he communicates his decision to withdraw from the contract to the trader in accordance with article 11. The deadline will be considered met if the consumer returns the goods before the 14-day period has expired.

The consumer will only bear the direct costs of returning the goods, unless the trader has agreed to bear them or has not informed the consumer that he or she is responsible for these costs.

In the case of purchases made outside the establishment in which the goods have already been delivered to the consumer’s home at the time the purchase was made, the merchant will collect the goods at his own expense when, due to their nature, they cannot be can be returned by mail.

100-vinos , will not be responsible for any of the expenses derived from the exercise of the right of withdrawal for the return of the goods, nor in cases where a change of size or garment is requested, all of this endorsed in the articles mentioned above. 

In cases where you consider that at the time of delivery the product does not conform to what was stipulated in the purchase, you must contact us immediately, within a period of 24 hours, from receipt of the package, by through our email info@giveawaywines.com providing the reference of your order, the product data, as well as the damage it suffers, and it is completely necessary for the acceptance of your return that you inform the carrier upon delivery. , since it is a requirement that will be necessary to cover the incident with insurance.

100-vinos makes every effort within its means to offer the information contained on the website truthfully and without typographical errors. In the event that at any time an error of this type occurs, beyond the control of 100-vinos at all times, it will be immediately corrected. If there is a typographical error in any of the prices or product/service characteristics shown, and a customer has made a purchase decision based on said error, 100-wines. will inform the customer of said error and the customer will have the right to cancel their purchase without any cost on their part.

We will carefully examine the returned product and will inform you by email within a reasonable period of time whether a refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

We will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond our reasonable control “Cause of force majeure”). Causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

  • Strikes, lockouts or other industrial action.
  • pandemics.
  • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Cause of force majeure continues,

IV. LINK POLICY

It is reported that the 100-vinos Website makes or may make available to Users link means (such as, among others, links, banners, buttons), directories and search engines that allow Users to access websites belonging to and/or managed by third parties.  

The installation of these links, directories and search engines on the Website is intended to facilitate Users’ search for and access to the information available on the Internet, without it being considered a suggestion, recommendation or invitation to visit them. .

100-vinos  does not offer or market, by itself or through third parties, the products and/or services available on said linked sites.

Likewise, it will not guarantee the technical availability, accuracy, veracity, validity or legality of sites other than its property that can be accessed through the links.

100-vinos  will under no circumstances review or control the content of other websites, nor does it approve, examine or endorse the products and services, content, files and any other material existing on the aforementioned linked sites.

100-vinos  does not assume any responsibility for any damages that may occur due to the access, use, quality or legality of the contents, communications, opinions, products and services of websites not managed by 100-vinos and that are linked in this Website.  

The User or third party who makes a hyperlink from a web page of another, different, website to the 100-vinos Website must know that:  

Reproduction – in whole or in part – of any of the Contents and/or Services of the Website is not permitted without express authorization from 100-vinos . 

Nor is any false, inaccurate or incorrect statement permitted on the 100-vinos Website , nor on its Contents and/or Services. 

With the exception of the hyperlink, the website on which said hyperlink is established will not contain any element of this Website, protected as intellectual property by the Spanish legal system, unless expressly authorized by 100- vinos . 

The establishment of the hyperlink will not imply the existence of relations between 100-vinos and the owner of the website from which it is made, nor the knowledge and acceptance of 100-vinos of the contents, services and/or activities offered on said website. and vice versa.    

V. INTELLECTUAL AND INDUSTRIAL PROPERTY

100-vinos  itself or as an assignee, is the owner of all intellectual and industrial property rights of the Website, as well as the elements contained therein (by way of example and not exhaustive, images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.). They will, therefore, be works protected as intellectual property by the Spanish legal system, with both Spanish and Community regulations in this field, as well as international treaties related to the matter and signed by Spain, being applicable to them.

The designs, logos, text and/or graphics that are not related to 100-vinos and that may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise regarding them.

All rights reserved. By virtue of the provisions of the Intellectual Property Law, the reproduction, distribution and public communication, including the method of making available, of all or part of the contents of this website, for commercial purposes, are expressly prohibited. on any medium and by any technical means, without the authorization of 100-vinos . 

The User agrees to respect the intellectual and industrial property rights of 100-vinos . You may view the elements of the Website or even print, copy and store them on the hard drive of your computer or on any other physical medium as long as it is exclusively for your personal use. The User, however, may not delete, alter, or manipulate any protection device or security system that was installed on the Website. 

In the event that the User or third party considers that any of the Contents of the Website constitutes a violation of the intellectual property protection rights, they must immediately notify 100-vinos through the contact information in the GENERAL INFORMATION section of this Legal Notice and General Conditions of Use.  

If there are images and videos published free of copyright under the Creative Commons CC0 license on the website. They may download, modify, distribute and use them free of charge for any use, even for commercial applications. If it were the case that an image with non-Creative Commons CC0 rights was published in the wrong way, indicate it quickly to correct the error.

SAW. LEGAL ACTIONS, APPLICABLE LAW AND JURISDICTION

100-vinos  reserves the right to file civil or criminal actions that it deems necessary for improper use of the Website and Contents, or for non-compliance with these Conditions.

The relationship between the User and 100-vinos will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises in relation to the interpretation and/or application of these Conditions, the parties will submit their conflicts to ordinary jurisdiction, submitting to the corresponding judges and courts in accordance with law.  

The activity of this website is subject to the Spanish and European legal framework, specifically the following regulations:

  • General Data Protection Regulation (GDPR) (EU) 2016/679, which regulates the processing of personal data by Controllers located in the countries of the European Union.
  • Organic Law 3/2018, of December 5, on data protection and digital rights (LOPD and GDD), regional regulations (applicable to Spain), and which define and expand many of the concepts and rights present in the RGPD.
  • Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), a rule that affects those websites that, in some way, carry out economic activities through electronic means, as is the case of This store.
  • General Law 03/2014 for the Defense of Consumers and Users (LGDCU), which regulates the conditions of sale and contracting.
  • Law 7/1996 on the Regulation of Retail Trade.
  • Consolidated Text of the General Law for the Defense of Consumers and Users (Royal Legislative Decree 1/2007 of November 16)
  • Ministerial Order IT C/1542/2005, of May 19, which approves the National Plan for Internet domain names under the code of its corresponding country (“.es”).
  • Organic Law 15/1999 on the Protection of Personal Data and the Regulations that develop it (Royal Decree No. 1720/2007, of December 21). From now on LOPD.
  • The image rights of the person photographed are regulated in Organic Law 1/1982 of May 5, on Civil Protection of the Right to Honor, Personal and Family Intimacy and One’s Own Image.
  • Images considered works under the protection of Intellectual Property find general legal protection in Royal Decree 1/1996, of April 12, which approves the consolidated text of the Intellectual Property Law.
  • ARCO Law (Access, Rectification, Cancellation and Opposition):
    • Right of Access.- Right to know and obtain free information about your personal data that will be processed by our WEBSITE.
    • Right to Rectification.- Right of the user to correct or modify their data that is erroneous, inaccurate or incomplete.
    •  Right of Cancellation.- Right of the user to delete data that turns out to be inadequate or excessive without prejudice to the blocking duty included in the LOPD, which is nothing more than preserving these data solely for the possible purposes of making them available to the Administrations. Judges or Courts to respond, where appropriate, to the responsibilities arising from the treatment.
    • Right to Oppose.- Right of the affected person to not have the processing of their personal data carried out or to cease it.
    • The LSSI in its article 23 resolves that contracts (sales or purchases) concluded electronically or on the Internet produce all the effects provided for by the legal system, when the object, the cause and the consent concur and are governed by the Civil Code, of Commerce and the rest of the rules of application applicable to commercial traffic, including of course the rules of fiscal and tax nature, those of consumption and those of the organization of commercial activity.
    • For the resolution of all disputes or issues related to this website or the activities carried out on it, Spanish legislation will apply, to which the parties expressly submit, being competent for the resolution of all conflicts arising or related to its use the Courts and Tribunals of Gandesa, Tortosa, Tarragona or Barcelona, ​​following this explicit order for the resolution of the conflict.

VII. PRIVACY POLICY

 

This Privacy Policy establishes the terms in which Ebresoft Informatica SLU uses and protects the information that is provided by its users when using its website. This company is committed to the security of its users’ data. When we ask you to fill out personal information fields with which you can be identified, we do so ensuring that it will only be used in accordance with the terms of this document. However, this Privacy Policy may change over time or be updated, so we recommend and emphasize that you continually review this page to ensure that you agree with such changes.

Information that is collected

Our website may collect personal information such as: Name, contact information such as your email address and demographic information. Likewise, when necessary, specific information may be required to process an order or make a delivery or billing.

Use of collected information

Our website uses the information in order to provide the best possible service, particularly to maintain a record of users, orders if applicable, and improve our products and services. Emails may be sent periodically through our site with special offers, new products and other advertising information that we consider relevant to you or that may provide you with some benefit, these emails will be sent to the address you provide and may be canceled. whenever.

Ebresoft Informatica SLU is highly committed to fulfilling the commitment to keep your information secure. We use the most advanced systems and constantly update them to ensure that there is no unauthorized access.

Cookies

A cookie refers to a file that is sent with the purpose of requesting permission to be stored on your computer. Upon accepting said file, it is created and the cookie is then used to obtain information regarding web traffic, and also facilitates future visits to a website. recurrent. Another function that cookies have is that with them the websites can recognize you individually and therefore provide you with the best personalized service on their website.

Our website uses cookies to identify the pages that are visited and their frequency. This information is used only for statistical analysis and then the information is permanently deleted. You can delete cookies at any time from your computer. However, cookies help to provide a better service on the websites, they do not give access to information from your computer or from you, unless you want it and provide it directly. You can accept or deny the use of cookies, however most browsers automatically accept cookies as it serves to have a better web service. You can also change your computer settings to decline cookies. If they decline, you may not be able to use some of our services.

Links to Third Parties

This website may contain links to other sites that may be of interest to you. Once you click on these links and leave our page, we no longer have control over the site to which you are redirected and therefore we are not responsible for the terms or privacy or the protection of your data on those other third party sites. These sites are subject to their own privacy policies, so it is recommended that you consult them to confirm that you agree with them.

Control of your personal information

At any time you may restrict the collection or use of personal information that is provided to our website. Each time you are asked to fill out a form, such as the user registration form, you can check or uncheck the option to receive information by email. If you have selected the option to receive our newsletter or advertising, you can cancel it at any time.

This company will not sell, assign or distribute personal information that is collected without your consent, unless required by a judge with a court order.

Ebresoft Informatica SLU reserves the right to change the terms of this Privacy Policy at any time.