I. General purchasing conditions
1.1 These general purchasing conditions, together with any specific conditions that may be established, shall expressly govern the relationship entered into between BODEGAS GIL BERZAL, S.C. with registered office at Ctra. Elvillar, 2 de La Guardia (álava) Tax I.D. number J-01315100 (hereinafter BGB) and third parties (hereinafter ‘Users’) who use the Internet portal www.gilberzal.com or (hereinafter the ‘Portal’).
At all times, BGB reserves the right to at any moment unilaterally modify, without prior notification, the presentation and configuration of the Portal.
1.2 These General Conditions have been drawn up in accordance with the provisions of Act 7/1998 on General purchasing Conditions, Royal Decree 1906/1999 by means of which telephone or electronic purchasing is regulated with general conditions in development of section 5.3 of Act 7/1998, Act 26/1984, the General Act for the Protection of Consumers and Users, Act 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating Electronic Signatures, and any other applicable legal requirements.
1.3 By using the BGB website, you acquire the condition of User. Visiting the Portal, as well as the use and/or purchase of any of the Portal’s products, require the User, without any reservations whatsoever, to accept all General Conditions, as well as any existing Specific Conditions, that govern purchases.
1.4 BGB may at any time and without prior notification modify these General Conditions by means of the publication of such modifications in the Portal so that Users can always be informed of these changes prior to entering into or purchasing any items offered for sale in the Portal.
II. Intellectual and industrial property. Prohibition of hyper links
2.1 All of the content displayed in the Portal, particularly designs, text, graphics, logos, icons, buttons, software, trade names, brands, industrial designs, or any other signs with the potential to be used for industrial and commercial purposes are subject to intellectual and industrial property rights held by BGB or by third-party holders of these rights who have duly authorized their inclusion in the Portal.
2.2 Under no circumstances shall it be understood that a license is granted or that the above industrial and intellectual properties rights are waived, transferred, or entirely or partially assigned, or that any right, specifically with regard to modification, exploitation, reproduction, distribution, or public dissemination of this content has been granted, without the express prior authorization of BGB or other corresponding holders of these rights.
2.3 No link with www.gilberzal.com can be established from any other website without prior express consent from BGB.
III. Liability of BGB
3.1 BODEGAS GIL BERZAL, S.C. shall only be liable for damages suffered by the User as a consequence of use of the Portal when these damages are attributable to wilful misconduct by the former. The User recognises and accepts that use of the Portal as well as the purchase of products in the Portal shall be entirely on his own responsibility and at his own risk.
3.2 BGB shall not be liable for damages resulting from conditions that include but are not limited to the following:
– Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections affecting the operational functioning of this electronic system or affecting the Users’ computer hardware or devices that are the result of circumstances outside of the control of BGB and that impede or delay the placement of orders or navigation in the portal.
– Delays or blockage of use caused by deficiencies or overloading of Internet or other electronic systems.
– Third-party actions consisting of unlawful intrusions outside of the control of the Portal that are not attributable to BGB.
– Differences that could exist between the electronic and print version of information, documentation, and/or other content found in the Portal.
– Situations in which it is impossible to provide the Service or to permit access as a result of circumstances not attributable to BGB that are caused by third parties or force majeur.
3.3 BGB does not in general control the use to which Users put the Service. Specifically, under no circumstances does BGB guarantee that Users shall use the Service in accordance with the law, these General Conditions, generally accepted moral standards and good practice, and public order, nor does BGB guarantee that this use will be diligent and prudent.
IV. Obligations of the user
4.1 In general, the User agrees to comply with these General Conditions as well as with the special use instructions or notifications contained in these or in the Portal. Furthermore, the User agrees always to operate in accordance with the law, with good practice, and with the requirements of good faith, making use of the diligence that is appropriate to the nature of the service the User is enjoying, while abstaining from using the Portal in any manner that could impede, damage, or impair the normal functioning of the Portal, the property or rights of BGB, its suppliers, other Users, or, in general, of any third party.
4.2 Specifically, and without this implying any limitation of the general obligation assumed by the User in accordance with the preceding paragraph, the User agrees to act as follows when using the Portal:
– When using any of the differents ways to contact by the webpage, the User agrees to provide true and accurate information and to maintain it up to date.
– Not to introduce, store, or disseminate, in or from the Portal, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, or that incites violence or discrimination based on race, gender, ideology, religion, or that constitutes an attack on moral standards, public order, the fundamental rights, civil liberties, the honour, the privacy, or reputation of third parties, or that in general violates current legal requirements.
– Not to use the Portal to introduce, store, or disseminate any computer programme, data, virus, code, hardware, telecommunications equipment, or any other electronic or physical device or instrument that may cause damage to the Portal, to any of the Services, or to any of the equipment, networks, or systems belonging to BGB, to any User, to BGB’s providers, or in general to any third party, or that may in any other manner result in modification of the above or impede the normal functioning thereof.
– Not to engage in advertising, promotional, or commercial exploitation activities through the Portal, agreeing not to use the content and specifically the information obtained by means of the Portal to send advertisements or messages for purposes of direct sales or for any other commercial purpose, nor to collect or store the personal information of third parties.
– Not to use false identities, not to impersonate the identity of others when using the Portal or when using or purchasing any of the Products, and not to use the passwords or access codes of third parties, or engage in any other form of identity misuse.
– Not to destroy, alter, or render useless the data, information, programmes, or electronic documents of BGB A, its suppliers, or third parties.
– Not to use the Portal to introduce, store, or disseminate any content that infringes rights pertaining to intellectual and industrial property or business secrets of third parties nor in general to introduce, store, or disseminate any other content that the user does not hold, in accordance with the law, the right to make available to third parties.
For the purposes of these General Conditions, and for any necessary communication between BGB and the User, the latter must send an e-mail to Customer Service (by sending a message to email@example.com or writing to the Customer Service Department of Bodegas GIL BERZAL, S.C. at Elvillar, 2 de Laguardia (Alava). Notifications from BGB to the User shall be carried out in accordance with the information provided by the User upon registration in the Portal.
VI. Applicable legislation.
6.1 This contract is governed by Spanish legislation, which will be applicable with regard to matters of construction, validity, and performance not provided for in this contract.