Terms of use

  1. INTRODUCTION AND COMPANY’S DETAILS

These are the Terms of Use of the website located at www.propietatdespiells.com (the “Site“), operated by Juvé & Camps, S.A. a Spanish company with registered offices at Sant Venat, 1 – 08770 Sant Sadurní d’Anoia (Spain) with Tax ID number A08186025 and registered with the Commercial Registry of Barcelona, on folio 874, volume, 1430, sheet nº 11108 (“Juvé & Camps“).

To contact Juvé & Camps in a direct and effective manner, users can write to the e-mail address info@propietatdespiells.com or they can call to +34 93 8911000.

 

  1. OBJECT AND SCOPE OF APPLICATION

These Terms of Use regulate access and use to the contents offered by Juvé & Camps through the Site, which are only intended to individuals who have reached the age of majority in its country of residence. At any time, Juvé & Camps reserves the right to modify the presentation, configuration and content of the Site, as well as the conditions to access and use the Site. Access and use of the Site once its contents and/or its Terms of Use are modified and come into force, entail users’ acceptance to the modified Site and Terms of Use.

By accessing, browsing and using the Site, the user of the Site represents and warrants that it has reached the age of majority in its country of residence (the “User“) and accepts these Terms of Use.

By accessing the Site, the User may enjoy the following functionalities:

  • Information related to Propietat d’Espiells and its products, and
  • Request information in accordance with the provisions established in the Privacy Policy.

Access to the Site is free of charge, except for the connection costs of the telecommunications network offered by the internet provider contracted by the User.

 

  1. USER OBLIGATIONS

The User undertakes to:

  • Access and use the Site only if it has reached the age of majority in its country of residence.
  • Access and use the Site in accordance with the provisions established in this Terms of Use.
  • Accept and comply with the provisions of these Terms of Use and any document that forms part of said terms.
  • Not use the Site contents in any manner that may contravene the provisions of these Terms of Use or any other legal texts that regulate the use of the Site.
  • Use the available contents and services for personal and internal use, and not for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
  • Not use the available contents and services for decision-making.
  • Neither alter nor manipulate the contents of the Site.
  • Neither store nor communicate through the Site illegal contents or contrary to moral or public security, as well as defamatory, aggressive, obscene, explicitly sexual, offensive, violent or encouraging violence, racist or xenophobic or, in general, illegal or harmful for third party rights, physical or moral integrity.
  • Not divulge other Users’ or third parties’ personal data without having the required legitimacy in accordance with the applicable legislation (for example, the prior and express authorization of such Users or third parties).
  • Not defame, abuse, disturb, harass or infringe in any other manner Users’ or third parties’ rights.
  • Not eliminate or attempt to eliminate any security measures adopted in the Site.
  • Comply with the current legislation.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Juvé & Camps is the owner or has obtained the corresponding license of any exploitation intellectual and industrial property rights over the Site, as well as any intellectual and industrial property rights over the arrangement of the Site contents (sui generis right for the protection of databases), the graphic design (look & feel), the underlying software (including source code), as well as any elements integrating the Site (texts, graphics, photographs, videos, audio recordings, etc.), services and contents available through the Site and any software related to the Site.

In no event, accessing, exploring, using, storing and/or downloading contents of the Site will be understood as a waiver or transfer (neither total nor partial) of any of the aforementioned rights by Juvé & Camps or the relevant owner. The User is entitled to utilize the intellectual and industrial property rights with the sole purpose of accessing the contents and using the services offered through the Site.

Consequently, Users are not allowed to eliminate, suppress or manipulate author copyright notices, other identification details of Juvé & Camps or of the corresponding content owners, as well as any technical protection devices or any information and/or identification mechanisms contained therein.

In particular, it is strictly forbidden to use the Site’s content for its inclusion, partially or totally, in any other websites without Juvé & Camps’ prior and written authorization and to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying software of the Site, unless prior and written authorization of Juvé & Camps or otherwise permitted by applicable law.

References to registered or non-registered trade names, trademarks, logos and other distinctive signs, either owned by Juvé & Camps or by any other third parties, must not be used without the prior consent of Juvé & Camps or its owners. In no event, although otherwise expressly stated, access or use of the Site and/or of its contents and services grants Users any rights over the trademarks, logos and distinctive signs protected by law.

Intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any form, either totally or partially, the contents included in the Site for public or commercial purposes without the prior written and express authorization of Juvé & Camps or of the owner of such rights.

Users will maintain Juvé & Camps and its licensors harmless from any third party actions claiming that their intellectual and/or industrial property rights have been infringed due to the lack of compliance of this clause by said Users.

 

  1. RESPONSIBILITY

Juvé & Camps cannot guarantee the reliability, utility or truthfulness of the information offered through the Site. Any information accessed through the Site shall not be regarded by Users promoting or recommendation of alcoholic beverages consumption.

Consequently, Juvé & Camps does not guarantee and is not responsible for: (i) the continuation of the Site contents; (ii) the absence of errors in such contents; (iii) the absence of viruses and/or harmful components in the Site or in its server; (iv) the lack of security of the Site and/or the strength of the security measures adopted in the Site; (v) the lack of utility or performance of the Site contents, and (vi) the damages caused by any person who infringes the conditions, rules and instructions of Juvé & Camps established on the Site or due to the violation of the security systems.

Notwithstanding the aforementioned, Juvé & Camps declares that it has adopted the required measures, within its possibilities and the state of technology, to guarantee the operation of the Site and prevent the existence and transmission of viruses and any other harmful components.

If illicit, illegal, contrary to laws or other content infringing intellectual and/or industrial property rights come to the knowledge of Users, the User shall immediately notify Juvé & Camps so that it can proceed to the adoption of the corresponding measures.

 

  1. CONTENT 

The materials, content and other information of the Site is exclusively for informational purposes. Such information may include references to the alcohol by volume of some Propietat d’Espiells’ products to meet the requirements of the applicable legislation in this regard.

The Site is intended only for individuals who have reached the age of majority in their country of residence. The materials, content and other information of the Site should not under any circumstance be interpreted as promotion or recommendation of alcoholic beverages consumption.

 

  1. POLICY ON LINKS

7.1 Links to third party websites

In order to help Users to find information about other products or services of their interest, the Site may offer links to other websites through different buttons, links, banners, etc., which are managed by third parties. Juvé & Camps does neither have the faculty nor the human and technical means to know, control and approve the information, contents, products or services offered through other websites which are linked from the Site.

Consequently, Juvé & Camps is not responsible for any aspects related to the websites which are linked from the Site. For announcement purposes only, Juvé & Camps will not be responsible for the operation, access, data, information, files, quality and reliability of the products and services, the links and/or any other contents generally offered through the websites which are linked from the Site.

In this sense, if Users have effective knowledge of the illegal character of the activities carried out through these third party websites, they shall immediately notify Juvé & Camps so that it proceeds to disable the link that permits access to said websites.

The establishment of links from the Site to websites belonging to third parties does not imply the existence of any kind of relationship, collaboration or reliance between Juvé & Camps and the responsible person of the third party website.

 

7.2 Site links in third party websites

If any User, entity or website wishes to include any kind of link to the Site it must comply with the following:

  • The link must be absolute and complete, meaning that it must redirect the user by means of a sole click to the URL of the Site to which it refers and the homepage has to be shown fully on the screen. In no event, unless expressly authorized in writing by Juvé & Camps, the website in which the link is included shall reproduce the Site in any manner or include it as a part of its website or within one of its “frames” or create a “browser” on any of the Site’s pages.
  • Unless otherwise expressly authorized in writing by Juvé & Camps, no declaration shall be made in the website where the Site’s link is made regarding Juvé & Camps’ authorization to include such link. If the third party who links to the Site wants to include in its website the trademark, name, trade name, sign, logo, slogan or any other element identifying Juvé & Camps and/or the Site, it shall obtain Juvé & Camps’ prior written authorization.
  • Juvé & Camps does not allow links to the Site from websites containing material, information or content which is illicit, illegal, degrading and obscene or, in general, which contravenes moral, public order or generally accepted social standards.

 

  1. UNSOLICITED COMMERCIAL EMAIL (SPAM)

Juvé & Camps prohibits the use of the Site to generate or send unsolicited commercial email. If Juvé & Camps considers that certain information may be of interest to the User, it reserves the right to provide this information to it by e-mail, with its prior consent, while offering the opportunity to unsubscribe from this service.

 

  1. PERSONAL DATA

The Site’s privacy policy is regulated in the document Privacy Policy

 

  1. MODIFICATION OF THESE TERMS OF USE

Juvé & Camps may modify, totally or partially, the terms and conditions herein regulated by publishing any modifications in the same manner as these Terms of Use or through any communication addressed to Users.

Therefore, the temporary validity of these Terms of Use is coincident with the period within which such terms are available to Users. The modified Terms of Use will come into force once these are totally or partially modified. Access by Users to the Site will imply the express acceptance of the modifications included in the Terms of Use.

At any time, Juvé & Camps may terminate, suspend or interrupt access to the contents of the Site, without giving prior notice to Users and without Users being entitled to compensation for damages. Upon termination, the prohibitions of use on the contents and services mentioned in these Terms of Use will continue being applicable.

 

  1. MISCELLANEA

The heading of the provisions are for information purposes only and will not affect, qualify or amplify the interpretation of these Terms of Use.

In case any provision of these Terms of Use is totally or partially considered null or inapplicable by any competent court, tribunal or governmental body, such nullity or inapplicability will not affect the rest of the provisions of these Terms of Use.

The lack of exercise or execution by Juvé & Camps of any right or provision contained in these Terms of Use will not constitute a waiver to such right or provision, unless made in writing.

 

  1. APPLICABLE LAW AND JURISDICTION

The relationship between Juvé & Camps and the Users will be governed by Spanish law, without prejudice of any law applicable by virtue of the provisions on applicable law and jurisdiction regulated in Irish and European laws. However, if applicable legislation permits choosing the jurisdiction, Juvé & Camps and Users, expressly waiving any other jurisdiction, will subject any disputes to the courts of the city of Barcelona.

 

Date of update: November 2019