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Legal Notice

In compliance with the duty of information contained in current regulations on Information Society Services and Electronic Commerce, we inform you that the party responsible for this website is:

VINYES DE LILITH SL (hereinafter, BODEGA EMENDIS )
CIF: B66013822
Barri Sant Marçal 67, 08732 Castellet i la Gornal, Barcelona.
Internet domain: emendis.es
Telf: +34 938 91 97 90

In response to communications from users and/or interested parties at the following email address: info@emendis.es

1.- User concept

A USER is anyone who accesses the website, whether or not they use the content or information provided therein.

The USER expressly represents and accepts that access to the website implies, in its entirety, an unequivocal commitment to comply with each and every one of the general conditions of mere access and use of any of the content provided and/or offered by the website. In any case, if the USER does not understand or assume compliance with all or part of the aforementioned general conditions, they should not access or use the website and/or the content provided and/or offered through it. Consequently, the User must carefully read this Legal Notice and Privacy Policy each time they intend to use the website, as it may be subject to modifications.

Should any questions arise from reading the Legal Notice and Privacy Policy, please do not hesitate to contact the website owner at the address indicated above.

2.- Object

The owner of the website, through this website, provides the USER with access to a range of content and information that may be provided by the owner itself or by third parties.
BODEGA EMENDIS reserves the right to limit, interrupt, and suspend access to the website or the use of all or some of its content or information at any time. Furthermore, the owner reserves the right, at any time, to modify the location of the content it provides on the website, as well as the configuration of both the content or information itself and access to it, including its look and feel.

3.- Conditions of access and use of the website

3.1.- General access and use of the website by a user. The USER expressly and unequivocally accepts that access to and use of the website does not imply any type of guarantee, which the owner expressly waives, regarding the suitability of the content included therein for the USER’s particular or specific purposes. Consequently, both access to the website and use of the content and information are carried out under the USER’s sole responsibility, and the owner shall not be liable under any circumstances or to any extent, neither for direct nor indirect damages, nor for consequential damages or loss of profits, nor for any possible losses arising from the use of the content or from any conclusions the USER may draw from its use.

The USER expressly and unequivocally accepts that the owner may, at any time, establish additional conditions or restrictions for access to the website and use of the content, the observance of which must be immediately complied with by the USER.

3.2.- Authorized use of the website and its contents. The User expressly and unequivocally agrees to access the website and, where applicable, use it and the contents contained therein in accordance with these general terms and conditions, any specific conditions that may apply to each content, as well as any other applicable regulations, good practices and customs, good faith, and public order. In any case, and without limitation, the User agrees to:

a) Not to access or use the website or its contents that is unauthorized or contrary to the purpose of the website and the regulatory framework that governs it. Thus, the USER must not access or attempt to access or use restricted content and/or areas if the website becomes available in the future without proper authorization. Furthermore, the USER must access and use the restricted areas using the procedures and tools established by the website itself. Under no circumstances, regardless of whether the USER is authorized to access and use restricted areas and content, may the USER use any procedures, means, or computer tools that attempt to circumvent the security and identification measures established by BODEGA EMENDIS or third parties.

b) Access and/or use the website and/or its contents within the principles and purposes for which they were created and made available to the USER, also respecting the availability format and the general conditions set forth herein. In order to comply with these principles and purposes, the USER, by way of example but not limitation, undertakes: b.1) not to perform or attempt to perform any actions that entail or may entail damage, directly or indirectly, in general, to the website and the content or information contained therein, and in particular, to the rights of the owner or any third party, whether USER or SUPPLIER of the website; b.2) not to perform or attempt to perform any actions that affect, by means of, among others, modifying, manipulating or eliminating the references or formats of the references or mentions regarding the protection of intellectual or industrial property rights of the owner or third parties, both of the website itself and of the content contained therein and other elements that comprise it; b.3) not to perform any actions that damage or may damage the systems of the owner or third parties, or that, where appropriate, affect or may affect the normal development of the purpose of the website. These actions include the introduction of computer viruses into the systems of the owner, the USERS, or any third party that affect or may affect the website in any way, as well as actions aimed at spreading such viruses both on the website and online through the website.

c) The USER shall be liable for all damages of any kind that the owner, any other USER, or a third party may suffer as a result of their improper use of the website or the content provided therein. They shall also be liable for any amount that the owner must pay as a result of an administrative resolution, final court judgment, or settlement agreement seeking to compensate third parties for damages caused for the same reason.

3.3.- The Content: The USER expressly and unequivocally agrees not to reproduce or copy, distribute, allow public access through any form of public communication, transform, or modify the CONTENT, unless authorized by the owner of the corresponding rights or legally permitted, and also not to violate or attempt to violate the protection devices or any information mechanisms that may be included in the Content, referring, for example, to the protection of intellectual or industrial property.

The USER agrees NOT to obtain or attempt to obtain the Content using means or procedures other than those, as the case may be, made available for this purpose or expressly indicated on the web pages where the CONTENT is located or, in general, those commonly used on the Internet, as they do not entail a risk of damage or disabling the website and/or the CONTENT.

4.- Commercial activity

The mere display of products and/or services and the information about them provided by the website owner or through links to other websites of merchants belonging to the business group to which BODEGA EMENDIS belongs does not in itself constitute any commercial activity, and any transactions or contracts that may occur between the website owner and a USER will be carried out through contractual means other than the website and will be subject, where applicable, to the laws and regulations applicable to the particular case.

The offers, prices, new products launched onto the market, features, and in general everything related to the contents of the website and the links to other websites, where described, may be modified at any time by the owner, without the owner assuming any responsibility for such changes or updates that may occur, or for possible or eventual material or transcription errors of said content on the website. All of this is without prejudice to the owner’s compliance with the provisions of the applicable legislation.

5.- Industrial and intellectual property rights

The content and information provided by BODEGA EMENDIS, as well as the content posted online through its website and the corresponding links, are protected by applicable international intellectual property laws and conventions.

Any form of reproduction, distribution, public communication, transformation, making available, and, in general, any other act of public exploitation of the Websites and their content and information is prohibited without the express prior written consent of BODEGA EMENDIS, except when the scope of application and use is for the private use of the user and provided that it is not transferred to third parties.

Consequently, all content displayed on the Websites, and in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings, or any other signs susceptible to industrial and commercial use, are subject to the intellectual and industrial property rights of BODEGA EMENDIS or third-party owners who have duly authorized their inclusion on the Website.

The content, images, forms, indexes, and other formal expressions that form part of the Web pages, as well as the software necessary for their operation and display, also constitute a work within the meaning of Copyright and are therefore protected by applicable international conventions and national laws on intellectual property. Failure to comply with this constitutes the commission of serious unlawful acts and is punishable by civil and criminal law.

Any act by virtue of which Users of the services or content may exploit or commercially use, directly or indirectly, in whole or in part, any of the content, images, forms, indexes, and other formal expressions that form part of the Web pages without prior written permission from BODEGA EMENDIS is prohibited.

Specifically, but not limited to, any reproduction, distribution, display, transmission, retransmission, broadcasting in any form, storage on physical or logical media (for example, floppy disks or computer hard drives), digitization, or making available from databases other than those authorized by BODEGA EMENDIS, as well as any translation, adaptation, arrangement, or any other transformation of said information, images, forms, indexes, and other formal expressions or commercial phrases made available to Users through the services or content, are prohibited, provided that such acts are subject to applicable intellectual or industrial property or image protection legislation.

BODEGA EMENDIS is free to limit access to the website and the services offered therein.

Any technical, logical, or technological resources by which a third party may benefit, directly or indirectly, with or without profit, from any and all content, forms, indexes, and other formal expressions that form part of the Web pages, or from the efforts made by BODEGA EMENDIS for their operation, are prohibited. Specifically, any link, hyperlink, framing, or similar connection that may be established to the BODEGA EMENDIS Web pages without the prior, express, and written consent of BODEGA EMENDIS is prohibited. Any violation of the provisions of this section will be considered a violation of BODEGA EMENDIS’s legitimate intellectual property rights over the Web pages and all their content.

BODEGA EMENDIS will not assume any liability for the consequences arising from the aforementioned conduct and actions.

6.- Exclusion of warranties and liability.

6.1. Exclusion of warranties and liability for the operation of the website. The owner does not guarantee the availability and continuity of the website or any other websites to which a link has been established. Furthermore, the owner shall not be liable under any circumstances for any damages that may arise from a) the lack of availability or accessibility to the website or any other websites to which a link has been established; b) interruptions in the operation of the website or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, the Internet system, or other electronic systems that occur during their operation; c) the lack of suitability of the website for the specific needs of the USERS; and d) other damages that may be caused by third parties through unauthorized intrusions beyond the control of the owner. Likewise, the owner warns that the quality of the provision of content and information on the website and the use made of them by the USER depend largely on the USER’s hardware and software meeting the technical requirements that may be necessary, at the owner’s discretion. Therefore, the owner is not responsible for the impossibility or deficiency in the provision of content or information on the website or for the use thereof by USERS if they do not meet the aforementioned technical requirements.
The owner does not guarantee the absence of viruses or other elements on the website introduced by third parties other than the owner that may cause alterations to the physical or logical systems of USERS or to the electronic documents and files stored on their systems, such as screensavers or wallpapers. Consequently, the owner shall not be liable under any circumstances for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations to the physical or logical systems, electronic documents, or files of the USERS. The owner does not guarantee that unauthorized third parties will not have access to the type of use made of the website by the USER or the conditions, characteristics, and circumstances under which such use is carried out. Consequently, BODEGA EMENDIS shall not be liable under any circumstances for any damages that may arise from such unauthorized access.

6.2.- Exclusion of warranties and liability for the use of the website. The owner shall not be liable under any circumstances for the use made by the USERS and/or third parties of the website or its content and information, nor for any damages that may arise therefrom. Thus, the owner warns that if studies, opinions, reports, etc., are included as content on the website in the future, such content, whether created by the owner or third parties, is intended only to provide guidance to support the user’s activity. Therefore, the user expressly agrees that under no circumstances will the owner assume any liability for any damages that may be caused directly or indirectly by the user’s use of such content and the conclusions drawn therefrom.
All liability is excluded for any decisions the user may make based on this information, as well as for any typographical errors or technical inconsistencies that may be contained in the documents and graphics on the website. The information is subject to periodic changes without prior notice due to expansion, improvement, correction, or updating of the content.

7.- Use of cookies and links

7.1.- Cookies. The USER expressly and unequivocally represents and authorizes the owner to use, if deemed appropriate, “cookies” when the USER accesses and/or uses the website. These “cookies” may be voluntarily rejected by the USER. The use of these “cookies” by the owner will be dissociated, so that no association will be established between the USER and/or their access device and the USER’s personal data. Under no circumstances will the voluntary rejection of the establishment of “Cookies” impair the USER’s ability to access and use the Content. For more information, see the COOKIE POLICY.

7.2.- Links. All those who intend to establish a link or hyperlink between their website and this website must obtain prior authorization from the owner. If such authorization is obtained (which may be unilaterally revoked at any time), the establishment of the link must meet the following requirements: a) the establishment of the link may in no case imply any reproduction of the website, but must only serve to allow access to the website. Furthermore, access through the link may only be to the website’s main page (“homepage”), and in no case to any page other than this one; b) a frame or border environment may not be created on the website; c) no false, inaccurate, or incorrect statements or indications may be made about the website; d) it may not be declared or implied that the owner of the website endorses, recommends, supervises, or assumes responsibility for the content provided or the services provided through the web pages on which the link is established. The owner therefore evades and waives any liability that the website (its managers, owners, etc.) may incur, both for the establishment of the link to the website’s homepage and for the services provided and the content provided on said web page. e) In any case, the authorization to establish the link will only imply authorization to establish the link in accordance with the provisions of this section, so in no case will it imply, without authorization, the possibility of use or dissemination on said Web page where the link was established of any intellectual or industrial property rights of the owner or any third party. In any case, the Web page on which the link is established may not contain distinctive signs that may lead to the understanding of the existence of an association relationship (when none exists) between the services, products and content available and provided on the Web page and those available and provided through the website. Likewise, they may not induce the understanding of the existence of an association (when none exists) between the natural person, legal entity or entity that manages or owns said Web page and the owner or third-party providers of content and/or information of the website; f) The website on which the link is established, during the period in which the link is established, may not provide or offer services or content that is illegal, fraudulent, contrary to these general conditions, to good faith, to good customs and to the rights of third-party content providers of the website or to the owner.

8.- Protection of personal data.

Registration as a registered user. The website offers certain services for which registration is required to access. The data provided through the forms enabled in these applications and/or services is provided voluntarily, so this information must be accurate. After registration, the user agrees to make proper use of their username and password and not make them available to third parties. In the event of loss, theft, or any other risk of access to the data by third parties, this must be reported to BODEGA EMENDIS as soon as possible.

Registration as a user on the website implies your consent to the processing of the data you provide by the person responsible for BODEGA EMENDIS.

Protection of personal data.

In accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, BODEGA EMENDIS guarantees the confidentiality of the personal data provided by the user through its website, emendis.es.

Unless expressly indicated in the forms accessed, the purpose of data collection will be to provide information about promotional and advertising activities and news about the company in general, as well as its products in particular, to facilitate contact with the company for website users, to manage personnel selections, and/or any administrative, economic, and commercial procedures that may be required.
The data obtained and processed will at all times be subject to the security measures and privacy policy approved by the company in accordance with the regulations in force at all times.

For more information, see the Privacy Policy section on the website.

9.- Partial nullity

If any clause of this website’s legal notice is declared totally or partially null or ineffective, it will only affect that provision or the part thereof that is null or ineffective, with the remainder of the terms and conditions of the legal notice remaining in effect and such provision or the part thereof that is affected being considered as not included unless, due to being essential to these clauses, it would affect them comprehensively.

10.- Breach, applicable law and jurisdiction

The owner reserves the right to exercise any legal remedies available to them to enforce liability arising from a USER’s breach of any of the provisions of this Legal Notice. The provision of the website service and these terms are governed by Spanish law. To the extent permitted by law, the parties expressly waive any other jurisdiction to which they may be entitled and agree to submit to the jurisdiction of the Courts and Tribunals of Barcelona.

© emendis.es

 

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