General Conditions

Identity: GONZALEZ BYASS, S.A. – CIF: A11605276

Details registered in the Registro Mercantil de Cádiz, Tomo 604, Folio 56, Sección 8 y Hoja CA-826 (Business Register of Cádiz, Volume 604, Part 56, Section 8 and Page CA-826)

Postal address: Calle Manuel María González (Aptdo. 1710), 12 – 11403 Jerez de la Frontera (Cádiz)

Telephone number: 956357000

The COMPANY welcomes you and suggests you read the General Terms and Conditions regarding the Use of this Website (referred to from hereon in as the “General Terms of Use”) carefully as they describe the terms and conditions that will apply to your navigation around said website, in accordance with the provisions of current relevant Spanish legislation. Given that the COMPANY may alter the Terms of Use in the future, we suggest that you check them regularly so that you are duly aware of any changes made.

In order that use of the Website is in line with criteria governing transparency, clarity and simplicity, the COMPANY advises the User that any suggestion, query or question regarding the General Terms of Use will be received and responded to by the COMPANY by means of electronic mail sent to lopd@gonzalezbyass.es

PLEASE NOTE:

Authorised users: This Website is made available exclusively to users who are of the minimum legal age for purchasing and consuming alcoholic drinks. If according to the applicable legislation in your country of residence and the legislation of the country from which you are accessing this Website you are not of the minimum legal age for purchasing and consuming alcoholic drinks, you must leave this Website.

Purpose

The COMPANY supplies the content and the services that are available on this Website subject to the General Terms of Use and the policy regarding the processing of personal data (from hereon in the “Data Protection Policy”). By accessing this Website or using it in any way you will be classified as a “User” and will be signalling that you accept each and every one of these General Terms of Use without reservation. The COMPANY reserves the right to alter the General Terms of Use at any time. It will as a consequence be every User’s responsibility to read the current General Terms of Use carefully each time they access this Website and as a result refrain from using this Website if they do not agree with any of the Terms stated.

You are also advised that on occasion specific terms regarding the use of specific content and/or services on this Website may be introduced and that by using that content or those services you will be signalling your acceptance of the relevant specific Terms of Use.

Services

The COMPANY uses the Website to offer Users the opportunity to access: information about the company, its contact details, its products and services, prices, special offers and location – a contact platform through which the user can make enquiries by inputting their personal data – plus Links to access social media (referred to from hereon in as “Services”).

Data Privacy and Processing.

The COMPANY processes personal data in compliance with the provisions of (EU) Regulation 2016/679 dated 27th April 2016 passed by the European Parliament and Council, relating to the protection of the individual as regards the processing of personal data and the free circulation of said data, and which revokes Directive 95/46, and also in compliance with Organic Law 3/2018. In accordance with article 13 of the Regulation referred to above you can review the information regarding your personal data in our Privacy Policy. 

Industrial and intellectual property.

The User recognises and accepts that all content shown on the Website and, in particular, all designs, copy, images, logos, icons, buttons, software, tradenames, brands and all other signs and symbols susceptible to being used industrially and/or commercially are covered by Intellectual Property rights and that all brands, commercial names and identification signs and symbols, all industrial and intellectual property rights over the content and/or any other elements inserted into the Website are the exclusive property of the COMPANY and/or of third parties, who will have the sole right to use them for the purpose of commercial transactions. As a result of the above the User undertakes not to reproduce, copy, distribute, make available or communicate publicly, change or modify said content in any other way and to hold the COMPANY harmless from and against any complaint that may derive from failure to fulfil their stipulated obligations. Under no circumstances does access to the Website imply any form of waiver, handing over, licensing or partial or total transfer of said rights unless the contrary is expressly established.

The present general Terms and Conditions of use of the Website do not grant the User any rights to use, alter, exploit, reproduce, or publicly distribute or disseminate the Website or its Content other than those that are expressly provided for herein. Any other use or exploitation of any rights will be subject to prior express and specific authorisation being granted by the COMPANY or by the third party who is the holder of the rights involved. Content, copy, photographs, designs, logos, images, computer programmes, source codes and, in general, any intellectual creativity that exists in any art of this website as well as the website as a whole as a multi-media work of art are protected by copyright as provided for by the legislation governing intellectual property. The COMPANY either owns the elements that comprise the Website’s graphic design, menus, navigation buttons, HTML code, copy, images, textures, graphics and all the rest of the Website’s content or is appropriately authorised to use them. The content placed on the Website may not be reproduced either in whole or in part, nor transferred to nor registered on any information retrieval system in any form or in any medium unless prior written authorisation has been obtained from the aforementioned Entity. It is also forbidden to delete, evade and/or manipulate the copyright or the technical protection devices or any information mechanisms the content may contain. Users of this Website undertake to respect the rights stated above and avoid taking any action that might infringe upon them and the COMPANY reserves the right at all times to take such measures or legal action it is entitled to take in defence of its legitimate intellectual and industrial property rights.

The Website User’s Obligations and Responsibilities

Users undertake to:

a) Make appropriate and lawful use of the Website and of the content and services it provides in compliance with: (i) the legislation that is applicable at the time; (ii) the General Terms and Conditions governing Use of the Website; (iii) generally accepted morals and good practice and (iv) public order;

b) Equip themselves with such technical means as are necessary in order to access the Website;

c) Provide information that is truthful when providing personal details on the forms on the Website and to keep those details up to date at all times so that they reflect the Users’ current situation. The User will bear sole responsibility for any false or inexact statements he/she may make and for any damage such false or inexact information may cause the COMPANY or third parties.

Notwithstanding the above, the User must also abstain from:

a) Making unauthorised or fraudulent use of the Website and/or of its content for illicit ends or to illicit effects that are forbidden under these General Terms of Use, are detrimental to the rights and interests of third parties or that might in any way damage, render unusable, overload, damage or impede normal use of the services or documents, files and any other content stored in any I.T. device.

b) Accessing or attempting to access resources or areas within the Website that are restricted without complying with the conditions as required to do so.

c) Causing damage to the physical or logical systems of the Website or to those of its suppliers of third parties. 

d) Introducing or spreading computer viruses or any other physical or logical system that might cause damage to the COMPANY’s physical or logical systems or to those of its suppliers of third parties.

e) Attempting to access, use and/or manipulate the COMPANY’s data or that of third-party suppliers or other Users.

f) Reproducing or copying, distributing or permitting access to the site or its content by the public through any public communications medium, or changing or altering the content, unless it is legally permissible for them to do so or the holder of the relevant rights has given their express consent.

g) Deleting, hiding or manipulating (i) the notes regarding intellectual or industrial property rights or any other details that confirm the rights of the COMPANY or of third parties appertaining to the content or (ii) the technical protection devices or any feedback mechanism that may be inserted into the content.

h) Obtaining or attempting to obtain content by using methods or procedures other than those that have been made available for that purpose or that have been stipulated on the pages of the website where the content is to be found or that are generally used on the internet so as to avoid the risk of causing damage to the website and/or its content or rendering it unusable.

i) In particular and including but not limited to, Users undertake to not share or make available to third parties information, details, content, messages, graphics, drawings, sound and/or picture files, photographs, recordings, software or any form of material that:

(i) Is in any way contrary to, undermines or violates the fundamental public rights and liberties recognised in the Constitution, in International Treaties or in other current legislation. 

(ii) Induces, incites or promotes criminal, denigratory, defamatory or violent acts or in general any acts that are in contravention of the law, of morality, of generally accepted good practices or of public order.

(iii) Induces, incites or promotes actions, attitudes or thoughts that are discriminatory by reason of sex, race, religion, beliefs, age or condition.

(iv) Incorporates, makes available or facilitates access to products, elements, messages and/or services that are criminal, violent, offensive, damaging, degrading or that are, in general, in contravention of the law, of morality, of generally accepted good practices or of public order.

(v) Induces or might induce an unacceptable state of anxiety or fear.  

(vi) Induces or incites involvement in practices that are dangerous, risky or damaging to health or psychological wellbeing.

(vii) Is protected by legislation regarding intellectual or industrial property and belongs to the COMPANY or to third parties unless the User has been granted prior to use the material in the intended manner.

(viii) Is prejudicial to people’s honour, to personal and family intimacy or to their personal image. 

(ix) Constitutes any form of publicity.

(x) Includes any form of virus or programme that prevents the Website from functioning normally. 

Where the User is provided with a password in order to access certain services and/or content on the Website, the User will be bound to use it diligently, keeping it secret at all times. The User will as a result be responsible for its safekeeping and for keeping it confidential and will undertake not to share it with third parties either temporarily or permanently, nor to allow access to the abovementioned services and/or content by any other persons.

Equally, Users will be under the obligation to notify the COMPANY of anything that might involve improper use of their password such as, by way of illustration, theft of, loss of or unauthorised Access to the password in order that it may be cancelled immediately. As a consequence and until such time as the aforementioned notification is made, the COMPANY will be exempt from any liability that may derive from the improper use of the User’s password and the User will be liable for any illicit use of the content and/or services featured on the Website by any third party acting illegally. Should the User fail intentionally or through negligence to fulfil any of the obligations established by the present General Terms of Use, that User will be liable for any and all damages that the COMPANY may sustain as a result.

Responsibilities

The COMPANY does not guarantee continued access to the Website or that it will display correctly or that elements or information will be able to be downloaded or used where these are interrupted, blocked or hindered by factors or circumstances beyond the COMPANY’s control.

The COMPANY will not be held responsible for any decisions that may be made as a consequence of accessing the content or information provided. 

The COMPANY may interrupt the service or terminate the relationship with the User with immediate effect if it detects that any usage of its Website or of any of the services offered on it is in contravention of the present General Terms of Use. The COMPANY will not be liable for any damage, loss, complaint or expense derived from the use of the Website. Its sole responsibility will be to remove as soon as possible any content that might cause such damage, providing that it is notified accordingly. The COMPANY will, in particular, not be liable for damages that may derive amongst other things from:

 (i) interference, interruption, error, omission, telephone breakdown, delay, blockage or disconnection in the electricity system caused by failure, overload or faults on the telephone lines or networks or that are due to any other cause outside the COMPANY’s control.

(ii) illegal interruption resulting from the use of malignant programmes of any kind through any communications medium such as computers or other viruses.

 (iii) improper or inappropriate use of or abuse of the Website.

(iv) security or navigation errors caused by browser malfunction or by the use of out-of-date versions of the browser. The COMPANY’s administrators reserve the right to withdraw, in whole or in part, any content or information featured on the Website.

The COMPANY will not accept liability for any loss or damage of any kind that may be due to improper use of the services that are freely available to the Users of the Website. The COMPANY will similarly be exonerated of all liability for content and information that is received by means of the data collection forms, which will be used exclusively for the purpose of providing responses to enquiries.

On the other hand, where loss or damage is caused by illegal or incorrect use of said services, the COMPANY may make a claim against the User for the loss or damage caused. 

You will defend, compensate and hold the COMPANY harmless in respect of any loss or damage derived from claims made, action taken or lawsuits brought by third parties as a result of your accessing or using the Website. You will also be bound to indemnify the COMPANY against any loss or damage sustained as a result of your having used “robots”, “spiders”, “crawlers” or similar devices for the purpose of collecting or extracting data or as a result of any other action on your part that places an unreasonable load on the functioning of the Website.

Hyperlinks

The User undertakes to refrain from reproducing the COMPANY’s Website or any of its content in any way or form including by means of hyperlinks unless the COMPANY has given them express written consent to do so.

The COMPANY’s website include links to other websites managed by third parties in order to provide the User with access to information about partner and/or sponsor companies. In this regard the COMPANY accepts no responsibility for the content of such websites nor will be held liable for or construed as offering the services and/or information that may be offered to third parties through third-party links.

The User is granted a limited right that can be revoked and is not exclusive to create links to the Website’s landing page for their sole personal non-commercial use. Websites that include a link to our Website (i) may not imply that the COMPANY recommends this website or its products or services; (ii) may not falsely represent their relationship with the COMPANY nor state that the COMPANY has authorised the inclusion of the link nor include any of the COMPANY’s brands, trade names, logos or other emblems that identify the COMPANY; (iii) may not include content that could be considered to be in poor taste, obscene, offensive, controversial, that incites violence or discrimination by reason of sex, race or religion or that is illegal or contrary to public order; (iv) may not link to any part of the Website other than the landing page; (v) must link directly to the Website’s address without allowing the website that facilitates the link to reproduce the Website as part of its website or within one of its “frames” and without creating a “browser” on any of the Website’s pages. 

The COMPANY may at any time request the deletion of any link to the Website, following which the link must be deleted immediately. The COMPANY has no control over the information, content, products or services provided on other websites that contain links to the Website. Consequently, the COMPANY accepts no liability for any aspect of such websites.

Cookies

Information about cookies is available in our Cookies Policy. 

Duration and termination

The Website and other services are in principle being provided on an indefinite basis. The COMPANY may notwithstanding end or suspend any of the services on the site.  The COMPANY will where possible give advance notice of the termination or suspension of the service in question.

Representations and warranties

The content and services offered on the Website are in general of a purely informative nature. In offering them the Company does not as a consequence provide any representations or warranties in relation to the content or services offered on the Website including, by way of illustration warranty of legality, reliability, utility, veracity, accuracy or marketability, other than where such representations or warranties cannot legally be excluded

Force majeure

The COMPANY will under no circumstance be liable for the service being impossible to provide where this is due to extended interruptions to the electricity supply or to the telecommunications lines, to social conflict, strikes, rebellion, explosions, flooding, Government action or omission or to any other form of force majeure or fortuitous incident in general.

Resolution of disputes. Applicable law and jurisdiction.

The present General Terms of Use as well as the use of the Website will be governed by Spanish legislation. Any dispute will be resolved by the courts of Cádiz.

Should any stipulation of the present General Terms of Use be unenforceable under or null and void by virtue of the applicable legislation or as a consequence of a judicial or an administrative ruling, the unenforceability or nullity will not mean that these General Terms of Use will be unenforceable or null and void in their entirety. In such instances the COMPANY will proceed to alter or substitute the stipulation in question with one that is valid and enforceable and as far as is possible achieves the aim and objective reflected in the original stipulation.