1. Owner of the Website www.vinaesmeralda.com
MIGUEL TORRES, S.A. (hereinafter, Torres)
C/ Miquel Torres i Carbó, 6, 08720 Vilafranca del Penedés, Barcelona
Tax Identification Number (CIF):
Registered with the Mercantile Registry of Barcelona Vol. 5,882, general section, Folio 130, Sheet B-828, Entry 1
2. Terms and conditions of use of the Website and their acceptance.
The purpose of these general conditions for the use of the website, together with any specific conditions that may be established, is to inform the users of the services provided by TORRES and to regulate the use of the website.
Navigation in and use of the website imply Users’ acceptance, without reservations of any kind, of any general terms and conditions of use, the general contract conditions, if any, and any others that may exist in relation to the rendering of TORRES services.
TORRES may, at any time and without notice, modify these general and specific terms and conditions to be included by publishing the aforementioned modifications on the Website to inform users in advance. Any modifications to these will be communicated on the Website home page during a reasonable period.
General terms and conditions for Using the Website.
Access to the website and passwords.
Users’ data obtained by their subscribing to the Website, are protected by passwords chosen by them. Users undertake to keep their passwords secret and to protect them from unauthorized use by third parties. If a password is disclosed to a third party, the User involved shall be liable for the use made of the service by said party. Users must also immediately notify TORRES of any unauthorized use of their accounts or any breach of security related to the Website service which they become aware of.
There is no absolute security on the Internet, but TORRES adopts the necessary technical and organisational measures to guarantee the protection of personal data and prevent its alteration, loss, processing and/or unauthorised access, taking into account the state of the art, the nature of the data stored and the risks to which they are exposed, all in accordance with the provisions of Spanish legislation on the protection of personal data.
TORRES is not liable to Users for the disclosure of their personal data to third parties that is not directly attributable to TORRES, nor for the use made of such data by third parties outside TORRES.
3. Personal data protection.
3.1. Information and purpose.
Completing or partially completing the forms on this website is entirely voluntary and not completing them has no consequences. In compliance with the provisions of the General Data Protection Regulation (RGPD) and any other legislation in force that may be applicable to the protection of personal data.
This processing is made legitimate by your consent.
Your data will not be passed on to third parties.
To exercise your rights of access, rectification, deletion, opposition, limitation of the processing and the portability of your data, as well as to revoke the consent given for the sending of commercial communications, or the consent to the processing of your data, you may write to C/ Miquel Torres i Carbó, nº 6, 08720 Vilafranca del Penedés (Barcelona) or send an e-mail with the reference "Personal Data" to the following address email@example.comIn both cases, you must provide a photocopy of your ID card or passport.
3.2. User consent and the sending of commercial communications by electronic means (Article 22 of Act 34/2002 on the Information Society and Electronic Commerce):
Providing that Users expressly request it, TORRES may send commercial communications by any means within the provisions of current legislation on data protection.
Users may, at any time, revoke their consent to receiving advertising or promotional information by e-mail. To do so, Users simply need to notify TORRES by sending an e-mail to the following address: firstname.lastname@example.org Users must clearly indicate that they DO NOT WISH TO RECEIVE COMMERCIAL COMMUNICATIONS BY EMAIL.
4. Industrial and Intellectual Property Rights Link policy.
4.1. All content included on the Website and in particular trademarks, trade names, industrial designs, designs, texts, photographs, graphics, logos, icons, software or any other articles of industrial and commercial use are protected by TORRES’ industrial and intellectual property rights, or those of third parties who have authorized their use on the Website. Therefore, it is forbidden to reproduce, copy, publicly communicate, distribute, modify, transform, suppress, manipulate and or make any other form of use of the aforementioned material, with or without profit motive, without the express consent of TORRES by any means including Internet (domain names, social networks, blogs, etc).
4.2. TORRES will not be liable for infringement of the intellectual property rights of third parties that may result from the inclusion in the Website of trademarks, trade names, designs, patents, texts, photographs, graphics, logos, icons or software belonging to third parties who have declared they are holders of said rights when including them in the Website. TORRES is not liable for the opinions and comments made by users on their blogs or social networks without prejudice to any action that may be exercised to delete these opinions and comments when they are contrary to law.
4.3. TORRES may use the contents provided by users (photographs, videos, etc.) in a reasonable manner and in compliance with their intellectual property rights.
4.4. Under no circumstance shall it be deemed that Users’ access and navigation grants any licence, nor any waiver, transfer, total or partial assignment of the said rights nor any other right or expectation of rights and specifically to any alter, exploit, reproduce, distribute or publicly communicate said contents without the prior express authorisation of TORRES or the relevant holders.
4.5. Notwithstanding the foregoing, those persons who consider that their intellectual or industrial property rights have been infringed by any of the contents of this website may report said contents by writing to MIGUEL TORRES, S.A., c/ Miquel Torres i Carbó, 6, 08720 Vilafranca del Penedès, Barcelona.
4.6. TORRES may provide Users with hyperlinks to websites owned by third parties, which may or may not be related to TORRES. Under no circumstances shall TORRES be liable for the content of the destination Web pages that are linked on TORRES’ Web page, or for their operation or accessibility, the maintenance of their contents, the quality of the same, nor for the rights of third parties that these pages may infringe.
4.7. TORRES authorises the establishment of links to its Website from any other web page. The links established must always be to the home page of TORRES (or its brands), or where appropriate, to a page established by TORRES itself. This link will only allow access to the Web, without reproducing it in any way, or creating a browser or frame on it. Likewise, no false, inaccurate or incorrect statements may be made about this Web site or its contents, nor in any case may the destination sites declare that TORRES has authorized, supervised or assumed the link.
4.8. Likewise, except for those signs that form part of the same link, it is forbidden that a Web establishing a link with this Web contain any trademark, commercial name, establishment sign, denomination, logo, slogan or other distinctive signs belonging to TORRES;
The use of any brands, names, commercial names, signs, slogans, denominations and other distinctive signs belonging to TORRES in the keywords of any other Web is prohibited without TORRES’ previous express authorization.
5. Torres’ Liabilities.
Users acknowledge and agree that use of the website and its services it is at their own risk.
In those sections of the Website where users can contribute content, TORRES reserves the right to delete those that may negatively affect its brands or be contrary to law, public order or morality.
TORRES is solely liable for damages the user may suffer as a result of the use of this Website when said damages may be attributable to any wrongful act by TORRES.
Nevertheless, TORRES declares that it has taken all necessary measures, within its capabilities and the state of the art to ensure the Website's operation and avoid the existence and transmission of viruses and other components harmful to Users.
6. Users’ Obligations.
Users agree to use the contents of the Website diligently, correctly and lawfully and undertake to refrain from:
a) Using the contents for purposes contrary to law, morals and good customs or public order.
b) Copying, allowing public access through any form of public communication, transform or modify the contents, without first obtaining proper authorization from the owner.
c) Using the information contained in the Website for the purposes to send advertising of direct sales or any other form of commercial purpose, or any unsolicited messages to a group of persons irrespective for any purpose and to refrain from communicating or using the information for any commercial purpose.
d)Using the links, invitations to social networks, blogs and any networks and electronic tools provided through the Website illegally.
7. Applicable Legislation.
The relationships established between Users and the owner of the Portal is governed by the provisions of existing regulations of the applicable legislation and the competent jurisdiction. However, for cases in which the law allows the parties to voluntarily submit to a jurisdiction, TORRES and Users expressly waive any other jurisdiction that may apply and submit to the courts of Barcelona.
8. Social Media.