LEGAL NOTICE

www.freixenet.com

1. Owner of the Website

In compliance with the duty of information provided in the Article 10 of Law 34/2002 of Services of the Information Society and Electronic Commerce (LSSI-CE) of July 11 and other applicable regulations, the following general information about this website is provided below:

The ownership of this website, www.freixenet.com (hereinafter referred to as “Website” or “Webpage”) holds it: FREIXENET, S.A. with NIF/CIF A08018939 registered in the Mercantile Registry of Barcelona, Volume 24.185, folio 141, page number B-68.238.

Contact details:

• Address: Calle Joan Sala 2 – 08770 Sant Sadurní d’Anoia, Barcelona (Spain)
• Contact phone number: +34 938.917.030
• Contact email : informatica@freixenet.es

Any person accessing this website, including the web pages that comprise it, assumes the role of User or customer (hereinafter, “User” or “Users”), committing to the observance and strict compliance with the provisions herein, as well as any other legal provision that may be applicable.

 

2. General terms and conditions of use

These general conditions of use and navigation (hereinafter, the “Conditions”), aim to regulate the relationship between the owner of the website, as service provider, and users who access, browse and enjoy the service offered.

This website provides Users with general information about the owner of the Website, its services and activities (hereinafter, the “Content”), all in accordance with these Terms and Conditions. As this is a professional page, its content is not intended for Users who are minors.

The User of this website is informed that access to it implies full and unreserved acceptance of each and every one of the conditions included in this legal notice, being also applicable and as the case may be the corresponding legal regulations of mandatory compliance.

Notwithstanding the provisions of the specific legal notice on privacy policy accessible from the Website that may be applicable from time to time, the possibility of subscribing to certain services is conditional upon the prior completion of the corresponding User registration.

All information provided by the User through the form on the Website for the above purposes, or any other, must be truthful. For these purposes, the User guarantees the authenticity of all data provided and will keep the information provided to the owner of the Website perfectly updated so that it responds, at all times, to the real situation of the User. In any case, the User will be solely responsible for any false or inaccurate statements made, as well as the consequences, errors, failures and damages caused to the owner of the Website or third parties for the information provided.

 

3. Access and registration on the website

Access to most of the contents of the Web Site is completely free of charge and does not require prior registration, notwithstanding that there may be particular sections or services that require prior registration, and if applicable, may involve the payment of economic amounts, of which the User will be informed beforehand, and must accept the corresponding contracting conditions.

The User must be of legal age (18 years old), therefore the User declares to be of legal age and to have sufficient legal capacity to be bound by these terms and conditions. Access to the Website by minors is forbidden and the Provider declines any liability for failure to comply with this requirement. However, in the event of access to the Website by a minor, it shall be presumed that such access has been made with the prior express authorization of his/her parents, guardians or legal representatives, notwithstanding that the Provider reserves the right to make any verifications it deems appropriate.

 

4. Responsibilities

i. Information

The owner of the Web Site does not guarantee that the contents of the Web Site will be permanently updated, nor that they are free of any kind of error, so the owner of the Web Site is not responsible for any damage and/or harm and/or benefit not obtained by the User or by any third party who is harmed as a result of these.

On the other hand, the owner of the Web Site informs that, although the photographs of the products that may appear on the Web Site are as close to reality as possible, it is not responsible for the fidelity with which the images are reproduced on your monitor or device.

 

ii. Quality and availability of the Web Site

The operation of the Web Page is based on servers of service providers, connected by means of public and private communications infrastructures.

The owner of the Web Page will make every effort to ensure the proper functioning of this, however, cannot ensure the absence of interruptions for technical reasons for the purpose of repair work, and / or maintenance or lack of coverage or failures in equipment and / or networks necessary for data transmission, which are beyond its control.

So, access to the Website may be suspended due to force majeure (unforeseeable causes or causes that, foreseen or foreseeable, are unavoidable) such as those listed below, but not limited to:

1. Power or telephone network failures;
2. Virus attacks to the servers that support the Web Page;
3. User Errors in accessing to the Web Page;
4. Fires, floods, earthquakes or other acts of nature;
5. Strikes or labor conflicts;
6. Warlike conflicts or other situations of force majeure.

The Website Owner is exonerated and is not responsible, in any case, from any type of liability if any of the circumstances indicated in this stipulation should materialize, as well as for damages of any kind that may cause, but not limited to: errors or omissions in the contents, lack of availability of the portal or the transmission of viruses or malicious or harmful programs in the contents, despite having taken all the necessary technological measures to prevent it.

 

iii. User’s Responsibility

The User will use the Website at his own risk. By accessing it, he/she agrees to use it in accordance with the provisions of the law, applicable ethical codes, good customs and public order, as well as the conditions contained in these Terms of Use.

The breach of any of the rules included in these Conditions or of the legislation in which they are protected, will give rise to the liability of the User against the owner of the Website and/or third parties, for any damage or harm that may be caused as a result of such breach, regardless of whether it implies the materialization of an illicit, an administrative sanction, a fault or a crime and will entitle the owner of the Website to, where appropriate, demand its liability in the civil, administrative, labor or criminal field that may correspond.

 

iv. Owner’s liability

The Website owner shall not be liable for any damage caused to the User or third parties as a consequence of a breach attributable to the User, neither for the alteration of the User’s equipment.

Likewise, it does not assume any responsibility for illegitimate intromissions through the use of computer viruses or any other source, the improper use of the Web Page by the User or security errors caused by the incorrect operation of the terminal equipment used by the User.

 

5. User obligations

The User is fully responsible for the access and correct use of the website, and specially its profile. This use must comply with current legislation, as well as the principles of good faith, morality, good customs and public order.

The mere access to this website does not imply any type of commercial relationship between the owner of the Website and the User.

The User may not, at any time, modify, alter or delete any data, information, content or element or content included in the Website.

The User must use the services that we make available in a diligent, correct and lawful manner. Under no circumstances may they disseminate content or racist advertising, pornographic, xenophobic nature or that in general advocates criminal, violent or degrading acts against people and fundamental rights.

The User may not include software, viruses, malwares or any other agent harmful to computer systems that may damage or alter the devices or terminals of the company or other Users.

The User may not use the Website to insult, defame, intimidate, violate the right to self-image or harass other Users, and shall refrain in any case from using the e-mail accounts of other Users.

The User shall be solely responsible for any damages that may be caused by failure to comply with the conditions and obligations set forth in these Conditions.

The User is prohibited from transmitting, including or disseminating advertising of himself or of third parties through any means available on the Website, if he has not obtained the express authorization of the owner thereof.

 

6. Links

The mentions, that is, the links or hyperlinks to other websites that may be made on the Web Site to other websites of third parties, will be for information purposes only, and the owner of this Web Site has no control over such sites and content. The owner of the Web Site does not develop or manage such pages and is not the owner of the Internet addresses mentioned unless expressly indicated.

Therefore, it shall not be responsible for the contents incorporated therein, nor for any damages or losses arising from such access, nor for those generated by the services they provide, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.

The owner of the Website authorizes the establishment of links and hyperlinks from other websites or applications. However, anyone who intends to establish a link between his or her website and the Website shall do so in compliance with the following conditions:

1. The web page or application in which the link is established shall not contain information or illicit contents, contrary to morality, good customs, public order or any third party rights.
2. It shall not be stated or implied that the owner of the Web Page has expressly authorized the link or has previously supervised, assumed or recommended in any way the services offered or made available on the website or the app that establishes the link with the Web Page. It is therefore recommended that those who browse the Web Page exercise extreme caution in the evaluation and use of the information, contents and services existing in the linked sites.
3. The establishment of the link does not imply, in any case, the existence of a relationship between the owner of the Web Page and the owner of the website or app in which the link is incorporated.

 

7. Intellectual and industrial property

The owner of the Website itself or as an assignee, owns all intellectual and industrial property rights of its website, as well as the elements contained therein (including but not limited to images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) available from the Web Site, as well as those who have hosted on third party sites either because they are their property, or because it has obtained the appropriate rights for use. Likewise, the owner has obtained the appropriate authorizations regarding the image rights of those who appear on its Web Page.

The reproduction, distribution and public communication, including its modality of making available, of all or part of the contents of this Web Page, for commercial purposes, in any support and by any technical means, without the express authorization of the owner, are expressly prohibited. In no case it will be understood that the access and navigation of the User, implies a resignation, transmission, license or total or partial cession of these rights on the part of the holder of the Web Site.

In addition, it is forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, transmit, use, process or distribute in any way all or part of the Contents and elements of the Website for public or commercial purposes, without the express written authorization of the owner thereof.

Violation of the above rights will be prosecuted in accordance with current legislation.

Therefore, in accordance with the above, the User may, in addition to viewing the elements and contents of the portal, print them, copy them and store them on the hard drive of his/her computer or any other physical support as long as it is solely and exclusively for his/her personal and private use.

Moreover, undertakes to respect the rights of Intellectual and Industrial Property owned by the owner of the Website. The brands incorporated in the Web Site belong to their owner or to third parties, having the authorization of these for their use in the Web Site. Those who browse the Web Site are forbidden to use such trademarks, logos and distinctive signs without the authorization of the owner or license to use them.

For the purpose of preserving possible intellectual property rights, in the event that any User or third party considers that there has been a violation of their legitimate rights by the introduction of certain content on the Website, they must notify the owner of the content, attaching the relevant information.

The User shall refrain from deleting, altering, evading or manipulating any protection device or security system installed on the website.

It is also forbidden to use the Holder’s contact details (postal address, telephone number, e-mail address) to send any type of commercial communication, unless prior authorization has been obtained in accordance with the applicable regulations. In the case of wanting any type of authorization, it must be requested at the following e-mail address: informatica@freixenet.es

 

8. Modifications of these conditions

The owner of this Web Site reserves the right and may modify at any time the conditions determined here and at its sole discretion, being duly published as they appear here. The validity of these conditions will depend on their exposure and will be in force until they are modified by other duly published, so we advise the user to review them frequently.

 

9. Protection of personal data

The owner of the Website undertakes to treat the User’s personal data in accordance with the provisions of the legislation in force on this matter. Specifically, it undertakes to apply the provisions of O.L. 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights and the General Data Protection Regulation 679/2016 of 27 April 2016.

Complete information on this matter can be found in our Privacy Policy.

 

10. Applicable Law

The owner of the Website reserves the right to file civil or criminal actions it deems necessary for the improper use of the website and its contents, or for breach of these conditions.

The relationship between the User and the owner of the Website shall be governed by the regulations in force and applicable in the Spanish territory. Should any dispute arise in relation to the interpretation and/or application of these conditions, the parties shall submit their disputes to the ordinary jurisdiction, submitting to the judges and courts that correspond according to law, being applicable the rules of the Spanish legal system.

In those cases where it is possible to voluntarily submit to a specific jurisdiction, the owner of the Web Page and the User, expressly waiving any other jurisdiction, shall submit to the Courts and Tribunals of the province of Barcelona, unless otherwise established by law.