Legal Notice

 

General Terms and Conditions of Use

 

In compliance with the provisions of Spanish legislation in the Law on Information Society Services (LSSI) published in the Official State Gazette (B.O.E.) of July 12, 2002, the following document is published:

 

Access to our Website by natural or legal persons who do not register or initiate a product purchase (hereinafter, “Users”) is free of charge and is conditional upon prior reading and full, express and unreserved acceptance of these GENERAL CONDITIONS OF USE in force at the time of access, which we ask you to read carefully. When using our portal, its contents or services, the USER expressly accepts and submits to the terms and conditions set out in these General Conditions, insofar as they may be applicable. If the user does not agree with these conditions of use, he/she must refrain from using this portal and operating through it.

 

1.- IDENTIFICATION DATA

We inform you that this website is property of Patrimonial Vinatea SL.

The present General Conditions of Use and Privacy Policy regulate the use of the website www.restaurantevinatea.com (hereinafter “the Website”), of which Patrimonial Vinatea SL (hereinafter VINATEA) with NIF B-12748190 and address at Calle Blasco de Alagon, nº 17, in Morella CP:12300 (Morella), is the owner.

2.- DESCRIPTION OF THE SERVICE

Through its website www.restaurantevinatea.com, VINATEA provides information about its services and offers the possibility of purchasing them. Due to the content and purpose of the Web Site, people who wish to benefit from its services must have the status of “Client”, which is acquired by completing the registration form and following the steps that VINATEA subsequently communicates via email. The condition of Client implies adherence to the Conditions of Use, the version published at the time of accessing the Website.

CONTACT: If you have any doubts, queries or suggestions, you can send us your comments by email to: administracion@restaurantevinatea.com

3.- USE OF THE WEBSITE www.restaurantevinatea.com AND THE SERVICE

This Website has been checked and tested to ensure that it functions correctly. In principle, it can be guaranteed to function correctly 365 days a year, 24 hours a day. However, VINATEA does not rule out the possibility of the existence of certain programming errors, or the occurrence of force majeure, natural disasters, strikes or similar circumstances that make access to the website impossible.

3.1. 3.1. MINIMUM AGE

VINATEA wishes to inform its Customers and Users that it is aimed exclusively at an audience over 18 years of age.

3.2. LICENCE TO USE THE WEBSITE AND THE VINATEA SERVICE

VINATEA offers a limited and revocable licence to access and use its website and services in accordance with its General Conditions of Use. This licence does not include the right to collect or use information from the website for purposes prohibited by VINATEA, to compete with VINATEA, to create graphics based on VINATEA content, or to store a copy of the website for profit-making purposes.

3.3. SERVICES OFFERED BY THIRD PARTIES VINATEA

VINATEA may use material from third parties to offer certain services through the Web Site. VINATEA does not control these third parties and their services, and you agree that VINATEA has no responsibility or liability for how you may use such services. These third parties have their own General Conditions of Use. In the event of any conflict with VINATEA, VINATEA’s Terms of Use shall prevail.

VINATEA disclaims any liability for the information published on its website, provided that this information has been manipulated or introduced by an external third party.

3.4. LINKING POLICY

From the Web Site, the customer may link to the contents of third party web sites. VINATEA disclaims any liability for the information published on its website, provided that this information has been manipulated or introduced by an external third party.

VINATEA is not responsible for the information and content stored, including but not limited to, in forums, chats, blog generators, comments, social networks or any other medium that allows third parties to publish content independently on the Website.

VINATEA is not responsible for those other websites or files that can be accessed through hypertext links available among its contents, given that said linked pages are the responsibility of their respective owners. This page, therefore, neither approves nor endorses the products, services, contents, information, data, files and any kind of material existing in such websites or files and does not control or accept responsibility for the quality, legality, reliability and usefulness of the information, contents and services existing in the linked sites and which are external to this page. In the event that it is deemed appropriate or that a competent body declares the unlawfulness of the data, ordering their removal or that access to them is made impossible, or that the existence of the damage has been declared, and we have been expressly notified of the corresponding resolution, the links indicated would be immediately removed.

In any case, VINATEA, declares that it will immediately remove any content that could contravene national or international legislation, morality or public order, proceeding to the immediate withdrawal of the link to said website, informing the competent authorities of the content in question.

Nevertheless, and in compliance with the provisions of art. 11 and 16 of the LSSI-CE, the provider makes itself available to all users, authorities and security forces, and actively collaborates in the removal or blocking of all content that could affect or contravene national or international legislation, the rights of third parties or morality and public order. In the event that the user considers that there is any content on the website that could be susceptible to this classification, please notify the website administrator immediately.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY

4.1. PROPERTY OF VINATEA

VINATEA holds all rights over the content, design and source code of this website. Clients and Users are warned that such rights are protected by current Spanish and international legislation on intellectual and industrial property.

The designs, logos, text and/or graphics that do not belong to VINATEA and which may appear on the website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to the same. In any case, the user has the express prior authorisation of the owners.

Likewise, and without prejudice to the foregoing, the content of this website is also considered to be a computer programme, and therefore, all current Spanish and European Community legislation on the subject is also applicable to it.

The total or partial reproduction of this website, or any of its contents, is expressly prohibited without the express written permission of VINATEA.

It is also strictly forbidden to copy, reproduce, adapt, modify, modify, distribute, commercialise, publicly communicate and/or any other action that infringes current Spanish and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the Website without the prior express authorisation of VINATEA.

The user is only entitled to private, non-profit use of the same, and requires the express authorisation of VINATEA and/or the holder of the rights to modify, reproduce, exploit, distribute them or any other right belonging to the holder.

VINATEA informs that it does not grant any implicit licence or authorisation whatsoever on the intellectual and/or industrial property rights or on any other right or property related, directly or indirectly, to the contents included on the Website.

The use of the contents of the web domain is only authorised for information and service purposes, provided that the source is cited or referred to, and the user is solely responsible for any misuse of the same.

The establishment of links to our portal does not confer any right over it, and is authorised exclusively to allow access to our website, and the total or partial reproduction of the images and contents of our portal on other pages is prohibited.

Likewise, the mere fact of establishing a link to our website does not give the right to be granted the category of collaborator or partner of VINATEA.

4.2. 4.2. INFRINGEMENT NOTIFICATIONS

To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the website, you can do so via the following e-mail address: administracion@restaurantevinatea.com.

5.- VINATEA’S RIGHTS

5.1. MONITORING

VINATEA reserves the right (without assuming the obligation) to monitor transactions and communications that occur on its website. If VINATEA determines, in its sole discretion, that a user is or may be in breach of any condition of the General Conditions of Use or that such transaction or communication is inappropriate, VINATEA may terminate or restrict access to such user or the questionable material, without further liability to the parties involved.

5.2. MODIFICATIONS TO THE SERVICE

VINATEA reserves the right to modify the layout, organisation and appearance of its website and the services it offers, and may change or discontinue any aspect of its services and/or prices without notice and without any liability to either party.

5.3. CANCELLATION OF THE CONTRACT

VINATEA, at its sole discretion and with or without notice, may:

a) suspend or limit the use of VINATEA to a particular user, as well as close an account altogether

b) remove content it deems appropriate from VINATEA’s servers and directories

c) prohibit the use of VINATEA’s services

5.4. COMMUNICATIONS SENT BY USERS

VINATEA reserves the right to use the material and communications sent by users in: questions, comments, forums, ideas and competitions; for marketing or other promotional purposes, without these communications being considered confidential.

5.5. PROMOTIONAL CAMPAIGNS

VINATEA has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members to its service. VINATEA reserves the right to modify the conditions of application of the promotions, to extend them with due notice, or to proceed to the exclusion of any of the participants in the promotion in the event of detecting any anomaly, abuse or unethical behaviour in their participation.

6.- LIMITATION OF LIABILITIES

6.1. ACCESS AND STAY ON THE WEBSITE. OUR CONTENTS. OUR CONTENTS

Customers and Users 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 of the above, Clients and Users are solely responsible to VINATEA and third parties for:

The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content of the Website, whether or not produced by VINATEA, whether or not published officially under its name.

As well as the consequences that may arise from use contrary to the content of this document and harmful to the interests or rights of third parties, or that may in any way damage, render useless or deteriorate the Website or its services or prevent normal enjoyment by other Users.

VINATEA reserves the right to update the contents whenever it deems appropriate, as well as to remove, limit or prevent access to them, temporarily or permanently, and to deny access to the Website to Customers and Users who misuse the contents and/or fail to comply with any of the conditions that appear in this document.

VINATEA informs that it does not guarantee:

That access to the Website and/or linked websites will be uninterrupted or error-free.

That the content or software accessed by Clients and Users through the Website or the linked websites does not contain any errors, computer viruses or other elements in the content that may cause alterations to your system or to the electronic documents and files stored in your computer system or cause any other type of damage.

The use that Clients and Users may make of the information or content of this website or linked websites for their own personal purposes.

The information contained in this website should be considered by Customers and Users as informative and orientative, both in relation to its purpose and its effects, which is why:

VINATEA does not guarantee the accuracy of the information contained in this Website and therefore does not assume any responsibility for any possible damage or inconvenience to Users that may arise from any inaccuracy present on the Website.

6.2. RESPONSIBILITIES

By making this website available to the user, we wish to offer a series of quality contents and services, using the maximum diligence in the provision of the same as well as in the technological means used. However, we shall not be liable for the presence of viruses or other elements that may in any way damage the user’s computer system.

The USER is prohibited from any type of action on our portal that causes an excessive overload of our computer systems, as well as the introduction of viruses, or the installation of robots, or software that alters the normal operation of our website, or in short may cause damage to our computer systems. The user assumes all liability arising from the use of our website, being solely responsible for any direct or indirect effect on the website arising, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of the expectations generated by our portal, the user being obliged to hold VINATEA harmless for any claims arising directly or indirectly from such events.

VINATEA is exonerated from liability for any claim regarding the intellectual property rights of the articles and images published on its website, and does not guarantee the accuracy, veracity and validity of the contents of this website, whether they are its own, those of third parties, or those linked to other websites, and is totally exonerated from any liability arising from the use of the same.

VINATEA is exonerated from any liability arising from any claim, including the payment of lawyers’ fees, for lawsuits and claims brought by third parties for breach by the USER of our conditions of use, access and privacy policy, or any other claim for breach of current legislation.

The USER acknowledges that he/she has understood all the information regarding the conditions of use of our portal, and acknowledges that they are sufficient for the exclusion of error in them, and therefore accepts them fully and expressly.

The USER is fully aware that the mere browsing of this website, as well as the use of its services, implies acceptance of these conditions of use.

6.3. OUR LIABILITY

VINATEA assumes no liability whatsoever arising from, by way of example but not limited to:

The use that Customers or Users may make of the materials on this website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the contents of the website or of third parties.

For possible damages to Clients or Users caused by normal or abnormal functioning of the search tools, the organisation or location of the contents and/or access to the Website and, in general, for errors or problems generated in the development or instrumentation of the technical elements that the Website or a programme provides to the User.

For the contents of those pages to which Clients or Users may access from links included on the Website, whether authorised or not.

The acts or omissions of third parties, regardless of whether these third parties may be linked to VINATEA by contract.

Access by minors to the content included on the Website, it being the responsibility of their parents or guardians to exercise appropriate control over the activity of the children or minors in their care or to install any of the tools to control Internet use in order to prevent (i) access to materials or content unsuitable for minors, as well as (ii) the sending of personal data without the prior authorisation of their parents or guardians.

Of the communications or dialogues in the course of debates, forums, chats and virtual communities that are organised through or around the Website and/or linked websites, nor shall it be liable, therefore, for any damages and prejudices suffered by Clients or individual and/or collective Users as a result of such communications and/or dialogues.

VINATEA shall not be liable under any circumstances in the event of:

Errors or delays in accessing the Website by the Client when entering their details on the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure and any other unforeseeable contingency beyond the good faith of VINATEA.

Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the services of the website will be constantly operational.

Errors or damage caused to the website due to inefficient and bad faith use of the service by the Client.

Non-operability or problems with the email address provided by the Client for sending the order confirmation.

In any case, VINATEA undertakes to solve any problems that may arise and to offer all the necessary support to the Customer in order to reach a rapid and satisfactory solution to the incident.

7.- MODIFICATION OF THE CONDITIONS OF USE

VINATEA reserves the right to modify, at any time, the presentation and configuration of the Website, to extend or reduce services, and even to remove it from the Network, as well as the services and content provided, and these General Conditions of Use, all unilaterally and without prior notice. VINATEA therefore recommends that Customers read them carefully each time they access the Website.

Customers and Users will always have these Conditions of Use in a visible place, freely accessible for any queries they may wish to make. In any case, acceptance of the Conditions of Use will be a prior and essential step to the purchase of any product available through the Website.

We may modify the presentation and configuration of our Website at any time.

8.- NULLITY

In the event that any clause of these Terms of Use is declared null and void, the remaining clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Terms of Use.

VINATEA may not exercise any of the rights and powers conferred in this document, which shall in no case imply the waiver of the same unless expressly acknowledged by VINATEA or the statute of limitations applies in each case.

APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

This website is governed by the regulations exclusively applicable in Spain, and both nationals and foreigners who use this website are subject to them.

All matters relating to our website, these General Conditions of Use and Privacy Policy are governed by the applicable Spanish legislation. To resolve any dispute or conflict arising from these Terms of Use between the parties in relation to the interpretation and content of this website, all parties submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Castellón de la Plana.

10.- VALIDITY

These General Conditions of Use and Privacy Policy have been modified on 22 November 2021. We may modify them at any time: please check the date of issue each time you connect to our website to ensure that no changes have been made that may affect you. If you have any questions regarding the Terms of Use of our website, please contact us at the above address.

If you have any complaints or suggestions, please contact:

VINATEA

Blasco de Alagon Street, nº 17

CP:12300 Morella (Castellón)

E-mail: administracion@restaurantevinatea.com

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