1. INFORMATION ON THE SITE:
Through its WEBSITE, https://abadal.net, of which ROQUETA is the owner and administrator, it is an online store for the sale of reservations for visits to our wineries and vineyards.
1.1. ADVERTISING ON THE SITE:
The WEBSITE: https://abadal.net, may host advertising or sponsored content. Advertisers or sponsors are solely responsible for ensuring that the material submitted for inclusion on the site complies with the laws that may be applicable in each case, ROQUETA will not be responsible for any error, inaccuracy or irregularity that the contents may contain, advertising or sponsors.
2. AVAILABILITY OF THE SITE:
The administrator of the site will do everything possible to resolve all the doubts and procedures requested from all its USERS / CLIENTS as soon as possible in the demand for queries.
However, on occasions, and due to causes that are difficult to control by the website administrator, such as human errors or incidents in computer systems, it is possible that the speed finally served to the USERS / CLIENTS differs from the order initially made by the administrator of the website to satisfy the requests of the USERS / CLIENTS.
In the event that the reservation management is not available or the reservation process cannot be completed, after placing the order, the USER / CLIENT will be informed by email of the total cancellation of the order.
3. SITE SECURITY:
The administrator of the site has the maximum-security measures commercially available in the sector. The secure server establishes a connection so that the information is transmitted encrypted using algorithms from 128 bits to 256 bits, which ensure that it is only intelligible and understandable by the USER / CLIENT's device, and that of the WEBSITE, thus, to the use the SSL protocol, “Secure Socket Layer”, the predecessor of the protocol, TLS, “Transport Layer Security”, which are cryptographic protocols that provide privacy and integrity in secure communications over a communication network, commonly the Internet, which guarantees that the information transmitted by said network cannot be intercepted or modified by unauthorized elements, guaranteeing that only legitimate senders and recipients are those who have access to the communication in its entirety, which guarantees:
1. That the USER / CLIENT is communicating their data to the server centre of the administrator of the website and not to any other who tries to impersonate it.
2. That between the USER / CLIENT and the server centre of the administrator of the website, the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
4. ACCESS AND STAY ON THE SITE:
4.1. OUR CONTENTS:
USERS / CUSTOMERS are fully responsible for their conduct, when accessing the information on the WEBSITE, while browsing it, as well as after having accessed it.
As a consequence, the USERS / CLIENTS are solely responsible to the administrator of the website and third parties for:
1. The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content on the WEBSITE, prepared or not by the website administrator, published or not officially under their name.
2. As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the WEBSITE or its services or prevent the normal enjoyment by other users.
The administrator of the website reserves the right to update the contents when deemed appropriate, as well as to eliminate, limit or prevent access to them, temporarily or permanently, as well as to deny access to the WEBSITE to USERS / CLIENTS, that misuses the contents and / or breaches any of the terms and conditions that appear in this document.
The administrator of the website informs USERS / CLIENTS that he does not guarantee:
a) .- That access to the WEBSITE and / or the linked websites be uninterrupted free of error.
b) .- That the content or software that the USERS / CLIENTS access through the website or the linked websites does not contain any errors, computer viruses or other elements in the contents that may cause alterations in their system or in electronic documents and files stored in your computer system or cause other types of damage.
c) .- The use of the information or content of the WEBSITE or link websites that USERS / CLIENTS could use for their personal purposes.
5. MODIFICATION OF THE TERMS AND CONDITIONS OF USE:
The administrator of the website reserves the right to modify, at any time, the presentation and configuration of the WEBSITE, as well as these terms and conditions of use.
The USERS / CLIENTS will always have these terms and conditions of use in a visible place, freely accessible for any queries they want to make.
6. OUR WEBSITE RESPONSIBILITY:
The administrator of the website does not assume any derivative responsibility, by way of example but not limited to:
1.- The use that USERS / CLIENTS may make of the materials of the WEBSITE or link webs, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the WEBSITE contents, or from third parties.
2.- Any damages and losses to USERS / CLIENTS caused by a normal or abnormal operation of the search tools, the organization or the location of the contents and / or access to the WEBSITE, and, in general, the errors or problems that are generated in the development or instrumentation of the technical elements that the WEBSITE or a program facilitates the USER / CLIENT.
3.- The contents of those pages that USERS / CLIENTS can access from links included in the WEBSITE, whether authorized or not.
4.- The acts or omissions of third parties, regardless of whether these third parties could be linked to the administrator of the website by means of a contract.
5.- The access of minors to the contents included on the WEBSITE, being the responsibility of their parents or guardians to exercise adequate control over the activity of the children or minors in their charge or to install any of the control tools of the use of the Internet in order to prevent access to materials or content not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardian.
The administrator of the website will not be responsible in any case when the following occurs:
a.- Errors or delays in accessing the WEBSITE, by the USER / CLIENT, when entering their data in the reservation request form, the slowness or impossibility of receival by the recipients of the confirmation of the order or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of the website administrator.
b.- Errors or incidents that may occur in communications, deletion or incomplete transmissions, so that it is not guaranteed that the services of the website are constantly operational.
c.- The errors or damages produced to the website due to an inefficient use of the service and in bad faith on the part of the USER / CLIENT.
d.- The non-operation or problems in the electronic address provided by the USER / CLIENT, for sending the confirmation of reservations.
In any case, the administrator of the website undertakes to solve the problems that may arise and to offer all the necessary support to the USER / CLIENT, to reach a quick and satisfactory solution to the incident.
Likewise, the website administrator has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its online service.
The administrator of the website reserves the right to modify the conditions of application of the promotions, extend by duly communicating, or proceed to the exclusion of any of the USERS / CLIENTS from the promotion in the event of detecting any anomaly, abuse or unethical behaviour in their participation.
7. CERTIFICATES OF COMPLIANCE LSSI-CE AND DATA PROTECTION
ROQUETA, who is the owner of the website: https://abadal.net, complies with the current Data Protection regulations RGPD-UE-2016/679, LOPDGDD-3/2018, with the LSSI-CE-34 / 2002, and Law 9/2014, General Telecommunications, is advised on these regulations by GRUPO QUALIA, for which it is awarded two certificates in digital image format so that it can display them on its website.
7. 1. INTELLECTUAL AND INDUSTRIAL PROPERTY:
The administrator of the website has all the rights over the content, design and source code of this website and that of the WEBSITE, and, especially, with an enunciative but not limiting nature, over the photographs, images, texts, logos, designs, brands, trade names and data that are included in the website.
USERS / CLIENTS are warned that these rights are protected by current Spanish and international legislation regarding intellectual and industrial property, Royal Legislative Decree 1/1996, of April 12 and subsequent modifications.
Directive-EU-2019/790 of the European Parliament and of the Council of April 17, 2019 on copyright and related rights in the digital single market.
Notwithstanding the foregoing, the content of the WEBSITE is also considered a computer program, and therefore, all current Spanish and European Community regulations on the matter are also applicable.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and / or any other action that constitutes an infringement of current Spanish and / or international regulations on intellectual and / or industrial property, as well as the use of the contents of the web if it is not with the prior express authorization in writing of the administrator.
The administrator of the website informs its USERS / CLIENTS that it does not grant an implicit license or authorization on intellectual and / or industrial property rights or on any other right or property related, directly or indirectly, to the contents included in the WEBSITE: http: // abadal.net.
The use of the contents of the site domain for informational and service purposes is only authorized, provided that the source is cited or referred to, the user being solely responsible for their misuse.
In the event that any clause of these terms and conditions of use is declared void, the rest of the clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these terms and conditions.
The administrator of the website may not exercise any of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly acknowledged by the administrator of the website or prescription of the action in each appropriate case.
9. APPLICABLE LAW AND ARBITRATION:
These terms and conditions of use are governed by the applicable Spanish legislation on the matter. To resolve any arising controversy or conflict, the parties submit to the jurisdiction of the courts of, MANRESA, Judicial Party of, SANTA MARIA D'HORTA D'AVINYO, city of origin of the entity, ROQUETA, owner of the WEBSITE except that the law imposes another jurisdiction.
By Law 7/2017, of November 2, in its Article, 40.5, which incorporates into the Spanish legal system Directive, 2013/11 / EU, of the European Parliament and of the Council, of May 21, in its Article, 5.1, relative to alternative dispute resolution in consumer matters: Online dispute resolution platform: (click here).
USERS / CLIENTS undertake to browse the WEBSITE and to use the content in good faith.
The data of the USERS / CLIENTS will be used for the sending of the online and physical procedures carried out by the administrator of the website by email.
By simply visiting the WEBSITE, USERS / CLIENTS do not provide personal information nor are they obliged to provide it.
The administrator of the website undertakes to keep the maximum reserve and confidentiality about the information that is provided and to use it only for the indicated purposes.
The administrator of the website presumes that the data has been entered by its owner or by a person authorized by him, as well as that they are correct and exact.
Likewise, ROQUETA, informs USERS / CLIENTS of the possibility of exercising access rights, which allows the website user to know what personal data the administrator of this page has and, in such case, they will answer within 30 days, provided that they keep the data rectification, which allows correcting errors, modifying data that are inaccurate or incomplete and guaranteeing the accuracy of the information, opposition that you may request and ensure that you do not carry out data processing, deletion that allows inappropriate or excessive data to be deleted. Limitation, by which you can request that the processing of your data be limited when you have exercised your right to rectification of your personal data, and portability, so that the user can obtain a copy of the personal data that you have provided on the website in order to be able to transmit them to other services. These rights may be exercised by any means that gives proof of their shipment and receival to the address of the administrator of the WEBSITE, or to the Email: firstname.lastname@example.org, providing a photocopy of the DNI or alternative documentation that proves your identity.
As long as you do not tell us otherwise, we will understand that your data has not been modified, that you agree to notify us of any variation and that we have the consent to use it in order to build loyalty in the relationship between the parties.
In accordance with the provisions of Law 34/2002, on Services of the Information Society and Electronic Commerce in its article 21, we ask for your consent to be able to carry out advertising communications that we consider may be of interest to you, by email or by any other equivalent electronic means of communication. This consent will be accepted with the acceptance of these conditions of use through a check box at the bottom of the form or web page.
To modify, update or cancel their personal data, the USER / CLIENT will write from the email of their account to, email@example.com, with the subject.
Therefore, the USER / CLIENT is responsible for the veracity of the data and the administrator of the website will not be responsible for the inaccuracy of the personal data of the USERS / CLIENTS.
In accordance with current legislation on data protection, the website administrator has adopted the appropriate security levels for the data provided by USERS / CLIENTS and, in addition, has installed all the means and measures at his disposal to avoid the loss, misuse, alteration, unauthorized access and extraction thereof.