1. Ownership
https://airesdecadiz.com/ is an Internet site owned by GONTOCINO S.L. with NIF: B44731719 with address at C/ San Francisco, 15. 11004. Cádiz. Registered in the Mercantile Register of Cadiz: volume 2474 folio 177 inscription 1 with page CA-61959 of the entity GONTOCINO SL (hereinafter the Proprietor).
AIRES DE CÁDIZ is a company specialising in the sale of typical products from the province of Cádiz.
2. Conditions of Use
This Website is designed to be used only by persons who are legally of legal age and/or can legally consume or purchase alcoholic beverages in the country in which they reside or in the country from which the Website is being accessed. If the user is legally underage, he/she would be in breach of the laws or regulations applicable in his/her country of residence or in the country from which he/she is accessing the Website, therefore, he/she must leave the Website immediately.
By accessing the Website, the User declares that he/she accepts this Legal Notice with all its conditions of use. In any case, this Legal Notice is mandatory and binding; any person who does not accept its conditions must refrain from using the Website and/or the services promoted by the Owner through it. These conditions do not create any contract of partnership, mandate, franchise, or employment relationship between the Owner and the Users.
This Legal Notice regulates the use of this Website, which the Proprietor makes available to persons who access it in order to provide them with information about its own products and/or those of third party collaborators, and to facilitate their access and contracting.
3. Applicable regulations
This Legal Notice is subject to the provisions of Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights of 5 December 2018 (LOPDGDD), EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR), Guidelines 5/2020 on consent within the meaning of Regulation (EU) 2016/679, Law 11/2022 of 28 June, General Telecommunications, Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce, Royal Decree-Law 13/2012 of 30 March 2012 transposing directives on the internal electricity and gas markets and on electronic communications, and adopting measures to correct cost and revenue mismatches in the electricity and gas sectors, Guidelines 03/2022 on misleading patterns of the European Data Protection Board (EDPC), Regulation (EU) n. No 524/2013 of the European Parliament and of the Council of 21 May 2013 on resolving consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer online dispute resolution), Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, Law 44/2006, of 29 December, on improving the protection of consumers and users, Directive 2011/83/EU of the European Parliament and of the Council, of 25 October 2011, on consumer rights, Law 7/1998, of 13 April, on General Contracting Conditions, of 17 December 1999, which regulates Telephone or Electronic Contracting with general conditions, Law 17/2009 of 23 November 2009 on free access to service activities and the exercise thereof, Law 7/1996 of 15 January 1996 on the Regulation of Retail Trade, Commission Delegated Regulation (EU) 2018/389 of 27 November 2017 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council, of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) 1093/2010, and repealing Directive 2007/64/EC, as well as any subsequent legislation amending or building upon them.
And specifically, Law 5/2018, of 3 May, on the Prevention of the consumption of alcoholic beverages by children and adolescents and Law 24/2003, of 10 July, on the Vine and Wine.
Both access to the Website owned by the Holder and the use that may be made of the information and contents included therein shall be the sole responsibility of the user. The conditions of access to the Website shall be subject to the law in force and the principles of good faith and lawful use by the User of the same, being prohibited in general any kind of action to the detriment of the Holder. The use of the Website for illegal or unauthorised purposes is strictly prohibited.
4. Modification of the conditions of use The Proprietor reserves the right to modify, at any time, the presentation and configuration of the Website, as well as this Legal Notice. Therefore, the Proprietor recommends the User to read them carefully each time you access the Website. You will always have the Legal Notice in a visible place, freely accessible for any queries you wish to make. 5. Description of services https://airesdecadiz.com/ is the Website of the Proprietor and serves as an information tool for the purchase of the products offered.
6. Registration
In order to be able to purchase products, it is necessary to register in advance, enter as a guest, through a Google or Facebook account. By registering as a Registered User you confirm that you are a person of legal age, with the capacity to contract or have express authorisation from your legal guardian and that you (hereinafter also referred to as the "Registered User") accept all the conditions of this Legal Notice. Once registered, the User will be able to make purchases of the products he/she chooses, subject to the specific terms and conditions.
The user identifier will consist of your email address and a password. The password must be composed of at least 8 characters. We recommend the use of a secure password that contains a larger number of characters, does not use common words or names, and combines uppercase, lowercase, numbers and symbols.
The use of your identifier and password are personal and non-transferable, and may not be transferred, even temporarily, to third parties. In this regard, the User undertakes to use them diligently and to keep them secret, assuming all responsibility for the consequences of their disclosure to third parties. In the event that a user knows or suspects that his or her password is being used by third parties, he or she must notify us immediately. The Owner may interrupt the service to any User who makes an unethical, offensive, illegal or incorrect use of the contents or services of this Website and/or contrary to the interests of the Owner. It also reserves the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to compensation or indemnification.
7. Termination The Owner reserves the right to interrupt or cancel the Website or any of the services on it, at any time and without prior notice, for technical or any other reason, and may also unilaterally modify both the conditions of access, as well as all or part of the contents included therein, all without prejudice to the rights acquired at that time. 8. Responsibilities The links contained in the Website may lead to third party websites. The Proprietor assumes no responsibility for the content, information or services that may appear on such sites, which are for information purposes only and in no case imply any relationship between the Proprietor and the persons or entities holding such content or owners of the sites where they are located. The Proprietor shall not be liable under any circumstances for any type of damage that may be caused by Users to this Website, or any other, for the illegal or improper use of the same, or of the content and information accessible or provided through it.
The Proprietor shall not be liable for infringements made by users of its Website that affect third parties. The Proprietor does not guarantee the reliability, availability or continuity of its Website or the Services, so that the use of the same by the user is carried out at their own risk, without, at any time, can be held liable for it to the Proprietor.
The Holder shall not be liable in case of interruptions of services, delays, malfunctions and, in general, other inconveniences that have their origin in causes beyond the control of the Holder, and/or due to a fraudulent or negligent action of the user and/or due to acts of God or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, shall be included in the concept of force majeure, in addition, and for the purposes of this Legal Notice, all events beyond the control of the Holder, such as: failure of third parties, operators or service companies, acts of government, lack of access to third party networks, acts or omissions of public authorities, those produced as a result of natural phenomena, power outages, etc.. and attacks by hackers or third parties specialised in the security or integrity of the computer system, provided that the Owner has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, the Holder shall not assume any liability for direct or indirect damage, consequential damage and / or lost profits.
The Owner will try as far as possible to update and rectify any information hosted on its Website that does not comply with the minimum guarantees of veracity. However, it informs that there may be any kind of unintentional error and the User is free to check the content. The Holder may not be held responsible for the use of this Website by outsiders or references that may exist on external sites. It is also reported that the Holder makes available to Users a virtual space that allows the purchase of various products, but is not the manufacturer of the same, so that the guarantee on them refers only as a seller and distributor and will be the manufacturers who have the ultimate responsibility for the quality and content of each product. The Proprietor shall at all times ensure that the products offered comply with the highest quality and will facilitate returns or exchanges if a product does not satisfy the Users for any appropriate reason.
Each purchaser shall be responsible for reading and following the rules of use of those products that contemplate them and shall therefore be responsible for any damage that may be caused by not respecting these rules. The Owner shall not be liable in any case for the improper use of any of the products. The information contained in the indications of these products can in no case be considered as a basis for warranty or liability. 9. Indemnification Users shall hold the Holder harmless for any claim or demand from third parties related to the activities promoted within the Website or for the breach of the Legal Notice and other policies that are understood to be incorporated herein, or for the violation of any laws or rights of third parties.
10. Nullity and ineffectiveness of the Clauses If any clause included in this Legal Notice or in the rest of the legal and informative text of the Web Site is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of the same that is null or ineffective, with the rest of the conditions established in all other respects remaining in force, with said provision, or the part of the same that is affected, being considered as not included. 11. Notifications All notifications, requirements, requests and other communications to be made by the parties in relation to this Legal Notice or other legal and informative texts must be made in writing and shall be understood to have been duly made when they have been delivered by hand or sent by ordinary mail to the other party's address or e-mail address, or to any other address or e-mail address that each party may indicate to the other for these purposes.
12. Intellectual and Industrial Property The intellectual property rights of this Website, its source code, design, navigation structures and the different elements contained therein are the exclusive property of the Owner, who is entitled to exercise the rights of exploitation thereof in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with Spanish and applicable European Union legislation. The total or partial reproduction of the contents of this Website is strictly prohibited without the express written consent of the Owner, with the exception of the company that created it. The unauthorised use of these contents by any other person or company will give rise to the legally established responsibilities.
Any form of exploitation, including any type of reproduction, distribution, transfer to third parties, public communication and transformation, by means of any type of support and medium, of the aforementioned works, creations and distinctive signs without prior and express authorisation from their respective owners is prohibited. Failure to comply with this prohibition may constitute an infringement punishable under current legislation. It is forbidden, except in cases expressly authorised by the Owner to present this Website or the information contained in it under frames, distinctive signs, trademarks or trade names of another person, company or entity, expressly including the photographic content, which is considered the exclusive property of the Owner. The infringement of any of the aforementioned rights may constitute a violation of these conditions, as well as an offence punishable under Articles 270 and following of the Penal Code. The Proprietor is not responsible for the use that the User makes of the Website Services, as well as any material that he/she includes in this Website, which may infringe the intellectual or industrial property rights or any other rights of third parties.
13. Jurisdiction For any questions that may arise regarding the interpretation, application and fulfilment of this Legal Notice, as well as any claims that may arise from its use, all the intervening parties submit themselves to the Courts and Tribunals that correspond according to their jurisdiction.
