TERMS AND CONDITIONS ONLINE STORE
Don Gaucho, with registered office in calle Acuario 21, 29649 Málaga España, is the owner of this Website whose use is regulated by this document, with CIF number B93286961. To contact Don Gaucho, you can use the postal address indicated above, as well as the email address firstname.lastname@example.org
Due to the very nature of the Website, as well as its content and purpose, practically all the navigation that can be carried out by it must be done enjoying the condition of Client, which is acquired according to the procedures set out in the same. Therefore, the aforementioned condition of Customer implies adherence to the General Conditions in the version published at the time that the Website is accessed. Don Gaucho reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Conditions. Therefore, Don Gaucho recommends that the Client read the same carefully each time he accesses the Website.
In any case, there are pages of the Website accessible to the general public, with respect to which Don Gaucho also wishes to comply with its legal obligations, as well as to regulate the use thereof. In this sense, users who access these parts of the Website agree to be subject, by accessing the aforementioned pages, by the terms and conditions contained in these General Conditions, to the extent that this may be applicable.
Finally, due to the nature of this Website, it is possible that changes to the content of these General Conditions may be modified or included. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access these General Conditions each time they access the Website, assuming that they will be applicable the corresponding conditions that are in force at the time of your access.
ACCESS AND SECURITY
The access to the Services requires the previous registration of the users, once they accept the General Conditions, going on to be considered as Clients.
The Client's identifier will consist of his email address and a password. To access the Customer's own account, it will be necessary to include this identifier, as well as a password that must contain at least 4 characters.
The use of the password is personal and non-transferable, the assignment, even temporary, to third parties is not allowed. In this regard, the Client undertakes to make diligent use and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.
In the event that the Customer knows or suspects the use of your password by third parties, you must modify it immediately, in the way it is collected on the Website.
CORRECT USE OF THE SERVICES
The Client undertakes to use the Services in a diligent, correct and lawful manner and, in particular, merely by way of enunciation and without limitation, undertakes to abstain from:
- Use the Services in a manner, for purposes or effects contrary to the law, morality and generally accepted good practices or public order.
- Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
- Carry out any act that may be considered a violation of any intellectual or industrial property rights belonging to Don Gaucho or to third parties.
- Use the Services and, in particular, the information of any kind obtained through the Website to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of people regardless of its purpose, as well as to market or disclose in any way said information.
The Customer shall be liable for damages of any nature that Don Gaucho may suffer, on occasion or as a consequence of the breach of any of the obligations set forth above, as well as any other included in these General Conditions and / or those imposed by Law in relation to the use of the Website.
Don Gaucho will watch over the respect of the current legal system at all times, and will be entitled to interrupt, in its sole discretion, the Service or to exclude the Client from the Website in case of presumed commission, complete or incomplete, of any of the offenses or offenses typified by the current Penal Code, or in case of observing any conduct that in the opinion of Don Gaucho is contrary to these General Conditions, the General Contracting Conditions that operate for this Website, the Law, the norms established by Don Gaucho or its collaborators or may disturb the good functioning, image, credibility and / or prestige of Don Gaucho or its collaborators.
All the contents of the Website, such as texts, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Don Gaucho or third parties, whose rights in this respect it holds legitimately Don Gaucho, being therefore protected by national and international legislation.
The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.
The infraction of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable in accordance with articles 270 and following of the Penal Code.
Those Clients who send comments, opinions or comments to the Website through the electronic mail service or by any other means, in the cases in which, due to the nature of the Services, this is possible, it is understood that they authorize Don Gaucho for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for all the time of copyright protection that is legally envisaged and without territorial limitation. Likewise, it is understood that this authorization is granted free of charge.
Claims that may be filed by Clients in relation to possible breaches of intellectual or industrial property rights over any of the Services of this Website should be directed to the following e-mail address: email@example.com
EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
Independently of the provisions of the General Contract Conditions relating to the contracting of goods included in this Website, Don Gaucho is not responsible for the veracity, accuracy and quality of this Website, its services, information and materials. These services, information and materials are presented "as is" and are accessible without guarantees of any kind.
Don Gaucho reserves the right to interrupt access to the Website, as well as the provision of any or all Services provided through it at any time and without prior notice, whether for technical reasons, of security, of control, of maintenance, by failures of electrical supply or any other justified cause.
Consequently, Don Gaucho does not guarantee the reliability, availability or continuity of its Website or Services, so that the use thereof by the Client is carried out at your own risk. , without, at any time, responsibilities can be demanded to Don Gaucho in this regard.
Don Gaucho will not be liable in case of interruptions of the Services, delays, errors, malfunctions of the same and, in general, other inconveniences that have their origin in causes beyond the control of Don Gaucho, and / or due to fraudulent or culpable action of the Client and / or due to causes of unforeseeable circumstances or force majeure. Without prejudice to what is established in article 1105 of the Civil Code, will be understood included in the concept of Force Majeure, in addition, and for the purposes of these General Conditions, all those events that occurred outside the control of Don Gaucho, 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 or third parties specialized in the security or integrity of the computer system, provided that Don Gaucho has adopted reasonable security measures in accordance with the state of the art. In any case, whatever its cause, Don Gaucho will not assume any responsibility for direct or indirect damages, consequential damages and / or lost profits.
Don Gaucho excludes any liability for damages of any nature that may be due to the lack of veracity, accuracy, completeness and / or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or those that have been accessed through the Website as well as the Services provided or offered by third parties or entities. Don Gaucho will try as much as possible to update and rectify that information hosted on its Website that does not comply with the minimum guarantees of truthfulness. However, it will be exonerated from liability for its non-updating or rectification as well as for the contents and information provided in it. In this sense, Don Gaucho has no obligation to control and does not control the content transmitted, disseminated or made available to third parties by Clients or collaborators, except in cases where required by current legislation or when required by an Authority Judicial or Administrative competent.
Similarly, Don Gaucho 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 alteration in computer systems as well as in the documents or systems stored in them.
Don Gaucho is not responsible for the use that the Client makes of the Services of the Website or their passwords, as well as any other material thereof, infringing the rights of intellectual or industrial property or any other right of third parties.
The Client undertakes to hold harmless Don Gaucho, for any damage, loss, sanction, expense (including, without limitation, attorneys' fees) or civil, administrative or any other kind of liability that may be suffered Don Gaucho that is related to the breach or partial or defective compliance of the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations related to the protection of personal data collected in the present conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEB SITES
Don Gaucho does not guarantee or assume any type of responsibility for the damages and losses suffered by the access to Third Party Services through connections, links or links of the linked sites or the accuracy or reliability thereof. The function of the links that appear in Don Gaucho is exclusively to inform the Client about the existence of other sources of information on the Internet, where you can expand the Services offered by the Portal. Don Gaucho will not be in any case responsible for the result obtained through these links or the consequences that derive from the access by the Clients to them. These Third Party Services are provided by them, so Don Gaucho can not control and does not control the legality of the Services or their quality. As a result, the Customer must exercise prudence in the assessment and use of information and services existing in the contents of third parties.
APPLICABLE LAW AND JURISDICTION
For any interpretive or litigious issues that may arise, Spanish law will apply and in case of dispute, both parties agree to submit, waiving any other jurisdiction that may correspond to the jurisdiction of the Courts and Tribunals of the city. of Madrid.