1. Legal information and acceptance
The terms and conditions set forth in this Legal Notice regulate the use of the Website (hereinafter, the "Website") that Codorniu, S.A. (hereinafter, "CODORNIU") makes available to the Users who access its Website (hereinafter, the "User" or "Users") in order to provide them with information about the services, activities, courses, visits to the wineries, among others, offered by CODORNIU. Codorníu, S.A. with CIF number A08014953, has its registered office at Avda. Jaume de Codorníu s/n. Sant Sadurní d'Anòia, Barcelona, 08770, and is registered in the Mercantile Register of Barcelona, Volume 23.827, Folio 45, Page B-62.284. If you wish to contact CODORNIU, you may use the postal address indicated above or, if you prefer, by e-mail. The use of the Website by the Users implies the acceptance of all the conditions included in this Legal Notice. Users must carefully read the Legal Notice present on the Website each time they intend to use it, as it may be modified without prior notice. Some services of the Website accessible to Users are subject to general contracting conditions, particular conditions, regulations and instructions which, if applicable, replace, complete and/or modify these terms and conditions, and which must be accepted by Users before the corresponding service is provided. By accessing the Website, the User declares to be of legal age, in accordance with Spanish law and to have the legal capacity required to be bound by the provisions of this Legal Notice. Access to and/or use of such services and content expresses the entire and unconditional acceptance of the particular conditions in the version published by CODORNIU at the time of such access and/or use. It is possible that, throughout the provision of the services included in the Website, the name of the domain under which such services are provided may be modified. Therefore, the Users are aware of and accept this possibility, in which case the obligations accepted by the Users and CODORNIU in accordance with the provisions of this document shall remain in full force and effect.
2. Conditions of use of the contents and services
The use of the Web Site and its content is entirely voluntary and under the responsibility of the User. Access to the Web Site is free of charge except for the cost of connection through the telecommunications network provided by the access provider contracted by the User. Users may only access the contents through the means or procedures that have been made available for this purpose on the Website or are commonly used on the Internet for that purpose, provided they do not involve the violation of intellectual or industrial property rights or involve any damage to the Website and / or its information or services offered. Users undertake to use the contents and services in a diligent, legal, correct and lawful manner and, in particular, undertake, by way of example and without limitation, to refrain from: a. using the contents and services in a manner that produces or may produce effects and/or for purposes contrary to the law, morality and generally accepted good customs or public order; b. transmit or disseminate information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any material that is obscene, offensive, vulgar or that induces criminal, denigratory, defamatory, defamatory, violent or, in general, contrary to law, morals and generally accepted good customs or public order; c. reproduce, copy, or distribute the contents, as well as allow public access to them through any form of public communication, or transform or modify them, unless authorized by the holder of the corresponding rights or it is legally permitted; d. infringe intellectual or industrial property rights belonging to CODORNIU or third parties; e. use the services and contents in a way that could damage or overload the operation of the Website; f. carry out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind, and g. use the contents and services and, in particular, the information of any kind obtained through the Website for any kind of advertising purposes and, in particular, to send advertising, communications for direct sales purposes or for any other kind of commercial purpose, unsolicited messages individualized or addressed to a plurality of persons, as well as to market or disclose such information in any way. Users shall be liable for damages of any kind that CODORNIU may suffer, directly or indirectly, as a result of a breach of any of the obligations arising from this Legal Notice or from the law in connection with the use of the Website.
3. Recruitment application
When a User wants to request the service offered through the Website, he/she must fill in a questionnaire through which a series of personal data will be requested in order to obtain information about the activity that the User intends to book, the services that would be required by CODORNIU and details regarding the date and time in which the selected activity is intended to be carried out. Thus, once the corresponding questionnaire has been completed and the request has been analyzed, CODORNIU will contact the User by the method he/she has indicated as preferential in order to proceed to specify the final details and offer him/her the requested service. In this contracting application phase, as regards the collection and processing of personal data by CODORNIU, the provisions set forth in Clause 8 of this Legal Notice shall once again apply.
4. Disclaimer of warranties and liability
CODORNIU reserves the right to interrupt access to the Website, as well as the provision of any or all of the content provided through the Website at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause. Consequently, CODORNIU does not guarantee the reliability, availability or continuity of the Website or its contents, so that the use of the same by the Users is carried out at their own risk, without being liable at any time for the discontinuity or lack of availability of its services. CODORNIU shall not be liable in the event of service interruptions, delays, errors, malfunctions and, in general, other inconveniences originating from causes beyond CODORNIU's control, and/or due to the wilful or negligent actions of the Users and/or due to Force Majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these general terms and conditions, all those events beyond the control of CODORNIU, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those produced as a result of natural phenomena, blackouts, etc. and the attack of hackers, crackers or other third parties to the security or integrity of the computer system. In any case, whatever the cause, CODORNIU shall not assume any liability whatsoever for direct or indirect damages, consequential damages and/or loss of profits. CODORNIU excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, disseminated, stored, made available or received, obtained or accessed through the Website, nor for the content provided or offered by third parties or entities. CODORNIU will try as far as possible to update and rectify any information hosted on the Website that does not comply with the minimum guarantees of accuracy. However, CODORNIU will be exonerated from any responsibility for its failure to update or rectify, as well as for the contents and information contained therein. CODORNIU is not responsible for the content of the information contained in the Website, as well as for those opinions, comments, assessments or any other statement contained therein that are not issued directly by CODORNIU. CODORNIU excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in the computer systems, as well as in the documents or systems stored therein. CODORNIU shall not be liable for the contents, whatever they may be, that the Users send to CODORNIU through the Website, by means of the e-mail service or by any other means, and therefore any liability arising from the contents sent by the Users shall be attributable to the Users. CODORNIU shall not be liable for the use made by Users of the Content of the Website, as well as of any other material contained on the Website, which may involve a violation of any kind of national or international regulation, of intellectual or industrial property rights or any other right of third parties. Likewise, CODORNIU shall not be liable for any possible security errors that may occur due to the use of non-updated versions of browsers, or for the consequences that may arise from the malfunction of the browser, whether due to improper configuration, the presence of computer viruses or any other cause beyond CODORNIU's control.
5. Links to third parties (outbound links)
The service of access to the Website may include technical linking devices, directories and even search tools that allow Users to access Internet websites (hereinafter, "Linked Sites"). In these cases, CODORNIU acts as a service provider in accordance with article 17 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce (hereinafter, the "LSSI") and shall only be liable for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness or that third parties' property or rights may be harmed and has not deactivated the link with due diligence. In the event that Users consider that there is a Linked Site with unlawful or inappropriate content, they may notify CODORNIU at the contact address indicated in the first section of this Legal Notice, indicating: a. the name, address, telephone number and e-mail address of the sender; b. a description of the facts that reveal the unlawful or inappropriate nature of the Linked Site; and c. an express statement that the information contained in the communication is accurate. In no case does this communication entail the obligation to remove the corresponding link, nor does it imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicating party. In no case shall the existence of Linked Sites presuppose the existence of agreements with the responsible or owners thereof, nor the recommendation, promotion or identification of CODORNIU with the statements, contents or services provided. CODORNIU is not aware of the contents and services of the Linked Sites and therefore is not liable for damages caused by the unlawfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to CODORNIU, except as provided in the aforementioned article 17 of the LSSI. If Users decide to visit and/or use any of the Linked Sites, they will do so at their own risk, and will have to take the appropriate protective measures against viruses or other harmful elements.
6. Links to the website (inbound links)
Third parties are not authorized to introduce links from their own web pages to the Website except with the express consent of CODORNIU. In the event that a third party is authorized to use the link, this use shall be made respecting the limitations and purposes set forth in the authorization itself. CODORNIU may request, at any time and without the need to provide reasons for such request, that any link to the Website be removed, after which the person responsible for the linking website shall immediately proceed to remove it.
7. Intellectual and industrial property
The totality of the contents of the Website, understood as texts, photographs, graphics, images, icons, technology, software, links, domains, trademarks and other audiovisual or sound contents, as well as its graphic design and source codes, are the exclusive property of CODORNIU or of third parties, whose rights, if any, CODORNIU recognizes, and are subject to intellectual and industrial property rights protected by national and international legislation. It is strictly forbidden to use any of the elements subject to industrial and intellectual property for any purpose, especially commercial, as well as their distribution, public communication, modification, alteration, transformation or decompilation, unless expressly authorized in writing by the owner of the same. The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an action constituting a criminal offence as defined in articles 270 and following of the Penal Code.
8. Privacy and Personal Data Protection Policy
Any personal data provided by Users during the use of the Website will be treated in accordance with our Privacy Policy set forth in the following section. Users must read and accept such Privacy Policy before providing their personal data to CODORNIU. GENERAL Any clause or provision of this Legal Notice that is or becomes illegal, invalid or unenforceable shall be excluded from this Legal Notice and shall be deemed unenforceable to the extent of such illegality, invalidity or unenforceability, and shall be replaced by another that is as similar as possible to the previous one, but shall not affect or prejudice the remaining provisions, which shall remain unaffected by any illegal, invalid or unenforceable clause or provision and shall remain in full force and effect. CODORNIU excludes any warranty of any kind, and is therefore released from any and all liability arising from the foregoing points, as well as from any other aspects that may not be contemplated herein. 10. APPLICABLE LAW AND JURISDICTION The relationship between CODORNIU and the User shall be governed by the Spanish legislation in force and any dispute shall be submitted to the Courts and Tribunals of the User's domicile.
