Owner

http://www.diezmerito.com/ is an internet domain owned by the company ‘Bodegas y Viñedos Díez Merito, S.L.’ with the following registration details;

CIF: B11931540

Calle Alazán número 4,

11.407. Jerez de la Fra.

Cádiz,

Sociedad Inscrita en el Registro Mercantil de Cádiz (España),

diario 194, asiento 360, folio 116, incripción1 Hoja CA-49141.

Hereinafter ‘the OWNER’.

 

 

DISCLAIMER

  1. Acceptance and Availability of the General Conditions of Use

This Website is solely designed for use by persons of legal age and/or who are legally permitted to consume or purchase alcoholic beverages in their country of residence or in the country from which access to the Website is made. If the user is not of legal age, he/she is violating the laws and regulations applicable in his/her country of residence or country from which access is being made and should, therefore, abandon the Website immediately.

By accessing this Website, the User declares to have read and accepted the present Terms and Conditions. In all cases, the General Conditions of Use stated herein are of a binding and mandatory nature and anyone who does not consent to these conditions must refrain from using this Website and/or the services offered by the Owner on said Website. These General Conditions of Use do not imply the establishment of any company, mandate, franchise, labour or contractual relationship between the Owner and the Users.

The present conditions, which govern the use of this Website, are made available by the Owner to all those who access the Website with the aim of providing them with information about products and services, either proprietary and/or of third parties, granting access to and contracting of said products and services.

 

 

  1. Applicable Laws and Regulations

These General Conditions of Use are subject to the provisions of Spanish Law, namely Act 15/1999, of 13 December, regarding Personal Data Protection; its Implementing Regulation, RD 1720/07; Act 34/2002, of 11 July, regarding Service Provision by the Information Society and Electronic Commerce; Royal Decree-Law 13/2012, of 30 March, regarding the enforcement of EU Directives on internal markets for gas, electricity and electronic communications, adopting measures to correct deviations caused by misaligned costs and revenue in the electric and gas industries, as well as any later regulations that modify them or cause them to occur.

Both access and use of any information or content that appears on this Website, property of the Owner, shall be the sole responsibility of the User. Website access conditions shall be pursuant to current legislation and the principles of good faith and lawful use of the website by the User. Any action considered detrimental to the Owner is expressly prohibited. The use of this Website for illegal or unauthorized purposes is also strictly forbidden.

  1. Changes in the General Conditions of Use

The Owner reserves the right to modify, at any given time, the presentation and layout of the Website, as well as the present General Conditions of Use. Hence, the Owner recommends the User to read them carefully each time he/she accesses the Website. The General Conditions of Use will always be placed so as to be visible and freely accessible for the User to consult as often as desired.

  1. Description of Services

http://www.diezmerito.com is a hyperlink to the official Website of the Owner, serving as tools to access information about services offered therein.

5.Registration

Currently this Website does not offer services for which it is necessary to register.

  1. Suspension

The Owner retains the right to interrupt or suspend the Website or any of the services it offers therein at any given time, without prior notice, due to reasons of a technical or any other nature, and may unilaterally modify the conditions of access to the Website and all or part of the content included therein without prejudice to the rights acquired at the time.

  1. Legal Liability

The hyperlinks found on this Website may redirect the User to third-party Websites. The Owner assumes no responsibility for the content, information or services that may appear on said websites, considered to be for informative purposes only and does not, by any means, imply any relationship between the Owner and the individuals or entities that own the content of these third-party websites.

The Owner shall, under no circumstance, be held liable for any type of damage caused by Users to the present Website, or any other, caused by the unlawful or incorrect use of the Website, including any part of its content or information made available and provided on its pages.

The Owner shall not be liable for any infraction committed by Users of its Website that affects third parties.

The Owner shall not be held liable for the suspension of services, delays, errors or poor performance of the Website and in general, any other inconvenience whose origin is beyond the Owner´s control, and/or due to the User´s negligence or willful misconduct and/or due to unforeseeable circumstances or force major. Without prejudice to the provisions of Article 1105 of the Spanish Civil Code, incidents beyond the Owner´s control shall be considered force major and for the purpose of defining the present General Conditions of Use, shall include: third party, operator or service provider errors, government action, failure to access third party networks, acts or omissions on the part of public authorities or any other caused by the forces of nature involving power outages, etc. and also attacks by hackers or third parties specialized in computer system security and integrity, provided that the Owner has adopted reasonable safety measures in line with state-of-the-art technology. In any case, regardless of the cause, the Owner shall not be held liable for any direct or indirect damages, consequential damages and/or loss of earnings incurred by Users.

Insofar as possible, the Owner shall attempt to update or revise any information displayed on the Website that does not meet the minimum guarantees for veracity. However, the User should know that unintentional errors may exist and that he/she is free to contrast the information that appears on the Website. Likewise, the Owner is not obliged to control and does not control the content conveyed, disseminated or made available to third parties by Users or collaborators, except in situations in which it is required to do so by current legislation or a mandate given by a competent Legal Authority or Administrative Body.

The Owner shall not be considered responsible for the use of this Website by external individuals or references that may appear on external websites.

  1. Compensation

The Users shall indemnify and hold the Owner harmless from any claim or complaint filed by third parties regarding the activities promoted on the Website or due to breach of the General Conditions of Use and other policies considered as part of this document or due to the violation of any laws or rights committed by third parties.

  1. Clauses Declared Null and Void

Should any of the clauses contained within these General Conditions of Use be declared totally or partially null and void, this condition shall only apply to said provision, or the part which is considered null and void. All of the remaining General Conditions of Use shall prevail and only the affected provision or part of the provision will be deleted.

  1. Notifications

All notices, summons, requests and any other type of communication carried out between the parties relating to the present General Conditions of Use, must be done so in written form and are considered to be duly received only when delivered in person or by normal postal service to the address of the other party or sent to their e-mail address or any other postal or e-mail address mutually provided by each party.

  1. Intellectual and Industrial Property

The intellectual property rights of this Website, its source code, design, browsing structures and the various elements contained herein belong exclusively to the Owner, to whom the right to use in any manner corresponds and, in particular, the rights to reproduce, distribute, publicly disclose and modify, in accordance with current legislation in Spain and the European Union.

The total or partial reproduction of the content of this Website is strictly prohibited without the express written consent of the Owner. Any unauthorized use of this content by any individual, company or entity shall lead to liability claims as established by law.

Certain Registered Trademarks or commercial trade names may appear on this Website, which have been made available to the Owner for promotional purposes by their legitimate owners, without any forfeit of ownership, and who are ultimately responsible for any claims put forward by third parties regarding these commercial brand names, releasing the Owner from any legal liability regarding intellectual property rights.

Any form of reproduction, distribution, third party disclosure, public communication or transformation of this Website´s content is strictly prohibited, regardless of the media or device used, as is the use of any creative or distinctive symbols, without prior authorization and explicit consent of the respective owners. Breach of this prohibition shall constitute a punishable offense in accordance with current legislation.

It is prohibited, without the express authorization of the Owner, to present this Website or any of the information contained herein in frames, distinctive symbols, brand names, social or commercial trade names belonging to other individuals, companies or entities and, in particular, the use of photographic content which is considered the exclusive property of the Owner.

Infringement of any of the aforementioned rights may constitute a violation of the present General Conditions of Use as well as a punishable offense in accordance with Articles 270 et seq. of the Spanish Criminal Code.

Any User who submits remarks, opinions or comments to the Website via email or by any other means provided for, within the services available, hereby authorizes the Owner to reproduce, distribute, publicly disclose, transform and exercise any legal rights to use said remarks, opinions or comments throughout the legally established period of copyright, without any territorial restrictions. Likewise, it is understood that this authorization is given free of charge.

Be advised that the Owner shall not be held responsible for any comments or contributions by third parties that appear on the Website or any links to external websites and said comments shall not, under any circumstance, be considered to reflect the opinion of the Owner, who reserves the exclusive right to eliminate them if they are considered to be inappropriate or contrary to the Owner´s interests or those of third parties, according to the Owner´s criteria.

The Owner assumes no responsibility for the use of services made by Users of the Website or any material that he/she may include on the present Website which could infringe upon the intellectual or industrial property rights, personal data protection rights or any other third-party rights. In any event, the Owner undertakes to eliminate, as soon as possible, any content that it becomes aware of that could infringe upon third party rights.

  1. Jurisdiction

With regard to any and all issues that may arise regarding the interpretation, application and compliance with this Legal Notice, as well as any claims that may result from their use, all parties involved agree to submit to the Judges and Courts of Law of Jerez de la Frontera (Cadiz), expressly relinquishing any other jurisdiction they may be entitled to.

 

 

PRIVACY POLICY

The Owner undertakes to comply with current regulations concerning Personal Data Protection and to respect the privacy of all Users. With the aim to offer Users the best service possible, a number of personal details are needed.

In accordance with provisions established in Organic Law 15/1999, of 13 December, on Personal Data Protection (LOPD) and its Implementing Regulation passed by Royal Decree 1720/2007, of 21 December, please be informed that the personal data provided on the present Website or by email will be included in a file, property of the Owner. The rights of access, modification, cancellation and objection may be exercised by the User by sending a copy of his/her identification document by post to the following mailing address: PO boxes 300, Jerez Fra., Cádiz,  indicating “Data Protection” as the subject matter.

  1. Free-text Fields

The free-text fields that may appear on the forms of our website and made available to our Users are solely and exclusively for the submission of information used to improve the quality of our Services.

The User shall not enter on the Website´s spaces provided as “free-text fields” any personal information that may qualify as personal data requiring medium to high protection levels, these being understood as, including and not limited to, any details regarding the User´s economic or financial situation, psychological profile, ideology, religion, beliefs, trade union membership, health, race and/or sexual orientation.

  1. Non-compulsory Fields

The Holder communicates to the User the non-mandatory nature of the collection of certain data, except in the fields indicated otherwise by a (mandatory). However, not completing these fields may prevent the Owner from fully providing Services related to those details and the Owner shall not be held liable for not providing Services or for incomplete Service-provision.

  1. Access to and Modification of Personal Details

The User agrees to provide accurate information regarding his/her personal data and to maintain these details provided to the Owner continuously up-to-date. The User shall be responsible, at all times, for the accuracy of the details provided and the Owner reserves the right to exclude any User who has provided false details from their registered services, without prejudice to taking other legal actions applicable in Law. The details provided by the User are presumed to be correct, and therefore, when incorrect information has been sent by the User, the Owner shall not be held responsible for incomplete rendering of services, non-delivery of orders or the incorrect completion of necessary administrative procedures.

  1. Handling of Personal Data

In order to manage our services, User data may, on occasion, be handled by companies that provide services to the Owner such as delivery, courier, accounting, consultancy, IT and computer maintenance or any other service provider which, as Data Handling Managers, requires access or handling of said data. This data handling shall in no case be considered data transfer or disclosure.

The Owner will not, under any circumstance, disclose your data to third parties.

  1. Confidentiality

Furthermore, any exchange of information between the parties agreed to be of a confidential nature or which simply refers to the content of said information, shall also be considered confidential. Viewing the details via internet does not imply direct access to the same, without the express consent of the owner on each occasion.

  1. Photographs

In compliance with the provisions of Organic Law 15/99 of the Personal Data Protection Act and its Implementing Regulation, R.D. 1720/07, Users are informed that all photographs including people are considered personal data. This is to inform you that photographs may appear on the Website with images of workers, collaborators, participants in activities, etc. either taken by the Owner or voluntarily released to the Owner for promotional purposes. If, under any circumstance, any person who appears in a photograph does not wish for it to appear on the Website, we kindly request that he/she contact us and the photograph will be deleted as soon as possible.

 

COOKIE POLICY

  1. Definition and purpose of cookies.

A cookie is a file that is downloaded onto the User´s terminal when accessing certain websites. Cookies allow the website to, among other things, store and recover information about the browsing habits of the User or device and, depending on the information contained and the way in which the device is used, may be used to recognize the User.

  1. Types of cookies that may be used by this Website

First Party Cookies: Cookies that are sent to the User´s computer terminal or device from a domain managed by the Owner and from which services requested by the User are provided.

Third Party Cookies: Cookies that are sent to the User´s computer terminal or device from a domain not managed by the Owner, but rather by another entity that handles the data gathered by the cookies.

Session Cookies: Cookies designed to gather and store data during the session in which a User is connected to a website.

Persistent Cookies: Cookies that store data on the computer terminal or device for a longer period of time and can be accessed and handled for a given period of time (ranging from various minutes to years) by the cookie manager,

Analysis Cookies: These are cookies that can be handled by the Owner or by third parties, and are used to quantify the number of Users and carry out statistical measurements and analyses on how Users make use of services provided on a given website. Browsing habits are analyzed in order to improve the products and services that are offered.

Advertising Cookies: These are the ones that allow the management, in the most efficient way possible, of the advertising spaces that, if applicable, the Holder has included in the Website, application or platform from which he provides the requested service based on Criteria such as the content edited or the frequency at which the ads are displayed.

Behavioral advertising cookies: These are the ones that allow the management, in the most efficient way possible, of the advertising spaces that the Holder has included in the Website, application or platform from which he / she provides the requested service. These cookies store information about the behavior of the Users obtained through the continuous observation of their browsing habits, which allows to develop a specific profile to show advertising in function of it. Likewise, when visiting a website or when opening an email where an advertisement or promotion is published on the products or services offered, a cookie is installed in the browser to show later advertising related to the search that has been performed , Develop a control of the ads in relation to, for example, the number of times they are seen, where they appear, what time they are seen, etc.

  1. Revocation and elimination of cookies.

The User may enable, disable, block or eliminate cookies installed on his/her terminal or device by adjusting the settings for browsing options. If the User does not allow cookies to be installed on his/her browser, some of the Website sections may not be accessible. Information about how to adjust cookie settings on your browser can be found by clicking on the following links (links valid at the time of publication of this text).

For more information about how to block the use of cookies when using Explorer, click here. http://windows.microsoft.com/es-es/windows7/how-to-manage-cookies-in-internet-explorer-9

For more information about how to block the use of cookies when using Chrome, click here. http://support.google.com/chrome/bin/answer.py?hl=es&answer=95647

For more information about how to block the use of cookies when using Firefox, click here. http://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-que-los-sitios-we

For more information about how to block the use of cookies when using Safari, click here. http://support.apple.com/kb/ph5042

The Owner shall not be held responsible for the content or veracity of third party privacy policies published on the links included in the present Legal Notice.

  1. Third Party Service Provision

Specifically the third parties that have managed a service for which it is necessary to use cookies are:

cookies-diezmerito

The owner declines any responsibility regarding the content and veracity of the information and privacy policies relating to third-party cookies. For more information on the use of cookies on this Website, the User can request it through the contact form.

  1. Web Analysis – Google Analytics

This Website may make use of Google Analytics, a web analysis tool provided by Google, Inc., a company with headquarters at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA (“Google”). This tool helps the website Owner determine the level of user involvement on the Website and provides reports which the Owner can consult regarding the ways Users interact with the Website for the purpose of optimizing it. Google Analytics gathers this information anonymously; that is, it informs the Website Owner of trends without providing user identification.

Google Analytics uses its own “cookies”—text files stored on your computer—in order to track User interaction on the Website. These cookies store information about parameters such as the time the website was visited, if the User has visited the website on previous occasions or which website recommended the User to visit this particular Website. Its browsers do not share first party cookies from the same domain.

Any device or computer terminal connected to Internet has an individual number assigned to it known as the “Internet Protocol address” or “IP address”. Since this number is normally assigned by country, IP addresses are often used to identify the country, state and city from which access to the internet is being made. Google Analytics records and stores the IP address of Users who visit this Website in order to provide the Owner with information about world locations from which the Website is being accessed . This method is called “IP geo-localization”. Google Analytics does not provide any information regarding the actual IP address itself.

Google Analytics´ conditions of service prohibit tracking or obtaining personal data which would lead to personal identification (ex. name, email address, invoicing details or other related data) through Google Analytics or by associating personal information with web analysis data.

The Owner may control the amount of information that Google can use and decide whether it wants Google to use this data or not, indicated on the options menu for sharing data with Google Analytics, which then serves to improve Google´s products and services.

With the aim of offering Users greater options about Google Analytics data gathering, a disabling function has been devised for Google Analytics browsers. This complementary function indicates to Google Analytic´s  JavaScript code (ga.js) that the information about the Website visit must not be sent to Google Analytics. However, this does not prevent information from being sent to the Website itself or to other web analysis services. The User may object to the handling of his/her data or information or disable the use of cookies by adjusting the appropriate settings on his/her browser. However, the User must be aware that if these functions are disabled, he/she may not be able to fully utilize the Website functional features.

By accessing this Website, the User consents to having his/her data handled by Google and the Owner in the manner and for the purposes described above. To obtain more information about this tool and Google´s privacy policy, Users are asked to click on the following link: http://www.google.es/intl/es/policies/