LEGAL NOTICE / GENERAL INFORMATION
INFORMATION REGARDING THE INFORMATION SOCIETY SERVICE PROVIDER
The Website www.marquesdelpuerto.com (the “Website”) is owned and operated by MARIE BRIZARD WINE & SPIRITS ESPANA, S.A., whose particulars, for the purposes of complying with the requirements of Article 10 of the Information Society Services and Electronic Commerce Act No. 34/2002, of 11 July (the “LSSI”), are as follows:
Company name: MARIE BRIZARD WINE & SPIRITS ESPANA, S.A.
Registered address: Bulandegi Bidea no. 22 Zizurkil (Guipúzcoa).
Registered at Guipúzcoa Companies Registry in Volume 1670, Sheet 9, Page SS-13539, Entry 19.
Tax identification number: A20612859
Publication Manager : Stanislas RONTEIX – Managing Director of MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. – Deputy C.E.O. of MARIE BRIZARD WINE & SPIRITS
GENERAL TERMS AND CONDITIONS FOR ACCESS TO, AND USE OF, THE WEBSITE
These General Conditions regulate the use of the Website www.marquesdelpuerto.com that MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. has placed at your disposal as user.
This website is intended for people of legal drinking age in their country of residence. Therefore, if you are not of that age or if you live in a country where access to this website is not authorized, please leave this page.
Merely accessing and using the Website implies your full and unreserved acceptance of these General Conditions published at the precise moment you access and use the Website. Accessing this Website makes you a user thereof. Use of the Website is the exclusive responsibility of the User and implies knowledge and acceptance of the legal warnings and terms and conditions of use provided therein.
In the event that the User does not understand and/or accept all or part of the Terms and Conditions, he/she must cease using this Website.
Information offered via the Website: access and use
By means of this Website, MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. provides information on the company and its services.
The data contained therein is provided to the User for information purposes only, and under no circumstances can it be considered a binding offer from MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. for the provision of any services whatsoever.
Access to and use of the Website is free of charge to Users and does not require any prior user registration.
In particular, but without limitation, MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. may temporarily suspend the services and content of the Website to carry out maintenance, improvement or repair thereof. The User acknowledges and accepts this fact and, as a consequence, waives the right to claim against MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. for any damage or harm caused due to this reason.
MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. does not guarantee a minimum level of availability and continuity of the operation of the Website.
Website content and information
The information provided on this Website is for information purposes only and does not constitute a binding offer from MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. for the provision of any services whatsoever. An attempt is made to ensure that the information displayed is correct and up to date. However, no assurances can be provided as to its total accuracy, and MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. shall not, therefore, be held responsible for any errors or omissions in the information displayed on the Website.
MARIE BRIZARD WINE & SPIRITS ESPANA, S.A.’s liability regarding the content and information offered by websites to which the Website contains links, as well as content from third parties hosted by the Website, shall be governed by the provisions of Articles 16 and 17 LSSI.
MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. shall not be held responsible for, or guarantee, the legality of access to the content and other areas of the Website from outside Spain. Access to the Website from a country other than Spain must be carried out in accordance with the laws applicable in the territory from which the User accesses the Website.
It is forbidden to create links to MARIE BRIZARD WINE & SPIRITS ESPANA, S.A.’s Website without obtaining its owner’s express, written consent beforehand.
Obligation to make proper use of the Website and content
The User shall use the Website and the tools provided correctly, in accordance with the law, this Legal Notice, and the instructions and warnings provided.
When the User accesses the Website, he/she is expressly authorised to view any public information included on the site. Consequently, the User agrees not to use any of the information or data, of any nature or format, and/or any of the services that may be offered on the Website at any time (the “Content”), as follows:
- The User is not authorised to reproduce or copy, distribute, amend, transfer or publicise the information included on the website, unless permission has been obtained from the holder of the corresponding rights or unless such an action is legally permitted.
- The user is not authorised to use the information included on the Website for direct sales or any other commercial purpose, to send unsolicited messages to groups of persons irrespective of their purpose, or to sell that information in any way.
- The User is not authorised to remove, ignore or manipulate the data identifying the rights of MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. or other holders (including, but not limited to, copyright symbols, watermarks or similar measures) as well as technical protection devices, digital fingerprints or any other protection mechanisms.
- The User is not authorised to disassemble, decompile or reverse the databases in which the Website’s information is stored.
- The User is not authorised to spam or make any attempt to spam groups of persons as a consequence of the use of the Website or of the information and services contained therein for sales or any other commercial purposes, or to send unsolicited or unauthorised e-mail chains or to use distribution lists that can be accessed via the Website.
- The User may not use the content or features of the Website to carry out activities that may harm the image of MARIE BRIZARD WINE & SPIRITS ESPANA, S.A
- The User may not engage in activities that may be considered illegal, immoral or contrary to public order. These forbidden activities include, but are not limited to, the following:
- Sending offensive, insulting or threatening communications;
- Illegally accessing third-party computer systems;
- Spreading computer viruses or software designed to cause damage to data or computer systems or violate the privacy of others or illegally overcome security systems and/or protection;
- Accessing and/or distributing child pornography;
- Advocating terrorism;
- Accessing and/or distributing content of a racist or xenophobic nature.
Intellectual and Industrial Property Rights
The copyright in the content displayed and offered on the Website is the exclusive property of MARIE BRIZARD WINE & SPIRITS ESPANA, S.A., except where a different owner is indicated, in which case it shall belong to that third party. MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. guarantees that the copyrighted content is lawful and complies with the legislation that is in force. No exploitation rights or any other rights that exist or may exist in the content over and above what is strictly necessary for the proper use of the Website shall be considered assigned to the User. The User shall respect the copyright held by MARIE BRIZARD WINE & SPIRITS ESPANA, S.A., or by any other third party, in the content displayed on the Website.
Industrial property rights in trademarks, trade names or designs that the Website contains are also the exclusive property of MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. The User shall respect the industrial property rights held by MARIE BRIZARD WINE & SPIRITS ESPANA, S.A., or by any other third party, in the content of the Website. Use of, or access to, the Website shall not confer any rights in the trademarks, trade names or any other distinctive signs used thereon.
The User may download the Website onto his/her terminal provided that it is for private use and not for commercial purposes. Therefore, the User shall not exploit, reproduce, distribute, modify, publish, assign, transform or use the Website content for public or commercial purposes.
Any breach of the provisions set out in this section may be considered an infringement of intellectual property rights, and may therefore be pursued by means of the civil or administrative actions established by law to that end.
Exclusion of liability
MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. shall only be responsible for its own services and for content directly caused by it and properly identified as industrial and intellectual property of MARIE BRIZARD WINE & SPIRITS ESPANA, S.A.
With respect to the exclusion of guarantees and liability, MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. shall be excluded from any liability for damage or harm of any kind that may derive from:
- Any interruption in the Website operations or unavailability of access to the Website.
- Privacy and security in use of the Website by Users, and/or unauthorised access by third parties not having consent.
- The possible transfer of elements that have a negative effect on computer systems.
- The accuracy, exhaustiveness and regular updating of the contents of the Website.
- The use, by Users, of the Website in a manner that does not comply with the provisions of this Legal Notice, including the infringement of intellectual and industrial property rights by Users.
- Information, contained on the Website, which has been contributed by third parties.
- Damages of any kind that may result from the information included on other websites, to which this Website may have referred by means of links. The purpose of the links that appear on the Website is purely informational, and under no circumstances can MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. be held responsible for the result that the User intends to obtain by accessing the links in question.
- Illegality or lack of quality, reliability, relevance and availability of the services provided by third parties and made available to Users on the Website.
- Damages arising from the knowledge that unauthorised third parties may have of the type, conditions, characteristics and circumstances of Users’ access to and use of the Website and the information and services contained therein, as well as Users’ failure to comply with their obligation in relation to personal data.
- Damages of any kind that may arise due to the existence of errors in access to, or use of, the Website, as well as in access or use of its services or the content, even if it undertakes to avoid, update or correct such errors. In other words, it shall not be responsible for the unavailability or interruption of the Website and the services included therein, or for faults in the access to the different Websites or those from which the services are provided.
The headings of the various clauses are for information purposes only and shall not affect, qualify or expand upon the interpretation of these General Conditions. MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. may amend the terms and conditions set forth herein, in full or in part, publishing any change in the same format as these General Conditions or by means of any kind of communication addressed to Users.
These General Conditions shall therefore be in force whilst they are displayed and until they are totally or partially amended, at which time the amended General Conditions shall come into force.
Notwithstanding the provisions of any specific conditions that are established, MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. may, at any time, terminate, suspend or interrupt access to the Website content without prior notice, and the User shall not be entitled to claim any compensation whatsoever. Following said termination, the content usage prohibitions stated in these General Conditions shall continue to be valid.
To that end, MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. states that it may notify, and duly cooperate with, the competent police and court authorities in the event that it detects any breach of the law or suspects the perpetration of an offence.
Where any provision of these General Conditions is declared null and void or inapplicable, whether in full or in part, by any court, tribunal or competent administrative body, the remaining provisions shall remain unaffected.
Failure by MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. to exercise or enforce any right or provision established herein shall not imply that it waives same, except where it has acknowledged and agreed to the waiver in writing.
Applicable law and jurisdiction
This Legal Notice, as well as the relationship between MARIE BRIZARD WINE & SPIRITS ESPANA, S.A. and the User deriving from use of the Website, shall be governed by, and interpreted under, Spanish law. Insofar as permitted by law, the parties, expressly waiving any other jurisdiction that may apply, agree to submit to the jurisdiction of the courts of the city of Madrid (Spain).