This Legal Notice regulates the use of the website www.licorxarma.com. hereinafter referred to as the website, with the following technical and legal aspects:
LEGALLY RESPONSIBLE FOR THIS WEBSITE
In compliance with Law 34/2002, of July 11, 2002, on information society services and electronic commerce, we inform you of the following:
- Company name: Ander Lekuez Martinez de Sarria
- Postal Address: Caserio Latxe – 01510 Urbina (Álava)
- Commercial Activity: Commercialization of alcoholic beverages and related products.
- Email to request information and as a means of contact: afuego@licorxarma.com.
PURPOSE, GENERAL CONDITIONS OF USE OF THE WEBSITE AND ACCEPTANCE OF THE SAME
The purpose of these General Conditions of Use of the web page is to regulate both the provision of information and the commercial relations that arise between XARMA and the users of the web page. Any person accessing or using this website shall be considered a User. Both the navigation and/or the use of any of the services of the Web Page, suppose the acceptance as User, full and without reservations of any kind of all and each one of the present General Conditions of use that govern the provision of the services offered in the Web Page.
In case of not accepting the clauses set forth in this Legal Notice, the user must refrain from accessing and/or using the services and/or contents made available on the website, proceeding to leave the website and not being able to access or use the services offered. You expressly and without exception agree that access to and use of this website, its services and the contents of such services is at your sole risk.
Access to this website is free of charge and viewing it does not require prior subscription or registration.
The information shown on the website is current as of the date of the last update. The website may not be altered, changed, modified or adapted. XARMA, however, may unilaterally modify at any time it deems appropriate the configuration of this website, the conditions of service and its content, as well as eliminate, limit or suspend them temporarily or permanently, as well as prevent access to them, without prior notice.
XARMA acts exclusively as responsible for the web page in its condition of provider of an information service on its own services, not being responsible for the contents that, in contravention to the present general conditions, the users could send or publish, being the user the only responsible for the veracity and legality of the same ones.
XARMA may interrupt the service of the web page being used by the user and immediately terminate the relationship with the user if it detects a use of the web page or any of the services offered therein that may be considered contrary to the provisions of this Legal Notice.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The entirety of this Web Page: texts, images, photographs, trademarks, graphics, logos, logos, icons, buttons, software files, technology, links and other audiovisual or sound content, color combinations, as well as the structure, selection, arrangement and presentation of its contents, (hereinafter, the “Contents”), its graphic design, selection of materials used, computer programs necessary for its operation, access and use, and source codes are protected by the laws on Intellectual and Industrial Property, being prohibited its reproduction, distribution, public communication and transformation, except for personal and private use, without any of the exploitation rights over them being understood to be transferred to the User beyond what is strictly necessary for the correct use of the Web Page.
XARMA does not warrant that the contents are accurate or error-free or that the free use of the contents by the user will not infringe the rights of third parties. The good or bad use of this website and its contents is under the user’s responsibility. Likewise, it is forbidden to reproduce, retransmit, copy, transfer or rebroadcast, in whole or in part, modify, alter, adapt or translate the information contained in this website, whatever its purpose and the means used for it, without prior authorization from XARMA.
XARMA does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the website and the services offered.
The User is authorized to copy and print extracts or documents from this Web Site, except for content that is the property of a third party and has been identified as such, for non-commercial use, provided that all such copies and printouts contain all copyright or other intellectual property rights notices and disclaimers contained therein. None of XARMA’s logos and trademarks may be used or reproduced without our prior written permission.
The availability of all these elements owned by XARMA or third parties appearing on the Website does not imply, in any case, the transfer of ownership or the granting of a right of use in favor of the User.
Other than as specifically mentioned above, the reproduction of part or all of the content of this Site in any form, including framing, the creation of any derivative work based on this Site and/or its content and the incorporation of its content into other websites, electronic retrieval systems or publications is prohibited.
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 immediately notify this circumstance to XARMA at afuego@licorxarma.com.
Any attempt to obtain the contents of the Web by any means other than those made available to the Users, as well as those normally used in the network, provided that they do not cause any damage to the XARMA Web Page, is prohibited.
Users who voluntarily provide images or other graphic or multimedia information to XARMA at the same time assign their reproduction rights for as long as such material remains on the web server. In any case, XARMA, does not assume any obligation to the user with respect to such information, and reserves the right to delete it at any time and without notice.
LINKS OR LINKS
The website may include links to third party sites. Websites belonging to third parties have not been reviewed and are not checked by XARMA. The links that this website may contain are offered only as informative references, without any kind of evaluation of the contents, owners, services or products offered from them.
In any case, XARMA’s website cannot be held responsible for the contents of these websites nor for the measures adopted concerning your privacy or the treatment of your personal data, nor for their conditions of use.
XARMA recommends that you carefully read the terms of use and privacy policy of these sites.
If you are interested in activating a link to any of XARMA’s web pages, you must communicate it, obtaining the express consent to create the link. XARMA reserves the right to oppose the activation of links to its website.
MINORS
XARMA reminds users of legal age, who are in charge of minors, that it will be their sole responsibility to determine which services and/or contents are not appropriate for the age of the latter.
XARMA informs you that there are computer programs that allow filtering and blocking access to certain content and services, so that parents or guardians, for example, can decide which Internet content and services minors may access and which they may not.
XARMA’s communications to the User will be made in accordance with the data provided by the User when registering on the Website. The User who contracts services through the Web Page must declare to be of legal age according to the Spanish legislation and in case of contracting by minors, the authorization of the parents or tutors will be required in order to enjoy the contracted service.
RESPONSIBILITIES
XARMA shall not be directly or secondarily liable for:
- XARMA shall not be liable for possible damages that may arise from interferences, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of this electronic system, caused by reasons beyond XARMA’s control; delays or blockages in the use of this electronic system caused by deficiencies or overloads in its Data Processing Center, telephone lines, in the Internet system or in other electronic systems.
- Damage that may be caused to the user’s equipment by the use of the Website.
- The cases in which a third party, breaking the established security measures, and/or by means of illegitimate intromissions, accesses the messages or uses them for the transmission of computer viruses.
- Vices and defects of any kind in the content transmitted, disseminated, stored or made available.
- The legality, reliability and usefulness of the contents that the users transmit with the use of the web page or of the services offered therein, as well as their truthfulness or accuracy. XARMA does not control the use that users make of the Web Page, nor does it guarantee that they do so in accordance with the provisions of this Legal Notice.
By way of example and without limitation, the user will be responsible for:
- Of the contents entered by them, especially of the data and information entered and sent to XARMA by means of the Web Site or on the Web Site.
- From the performance of any type of illegal, harmful, harmful and/or damaging action.
- The provision of untruthful or incorrect information.
- Likewise, XARMA is exonerated from any liability for any damage that the user may suffer as a result of errors, defects and omissions in the information provided, provided that it comes from outside sources. Notwithstanding the foregoing, in no case will the existing contracts between XARMA and its customers be affected, except in cases of fortuitous events or force majeure.
USER OBLIGATIONS
In general, the User is obliged to comply with these General Conditions of Use, as well as to comply with the special warnings or instructions for use contained therein or on the Web Page and always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they enjoy, refraining from using the Web Page in any way that may impede, damage or deteriorate the normal operation of the same, the goods or rights and good name and commercial image of XARMA, its suppliers, the rest of the Users or in general of any third party.
Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes to use the services and contents of the Web Page in accordance with the Law, these General Conditions of use, being obliged to: (i) to provide truthfully the data provided and to keep them updated; (ii) Not to introduce, store or disseminate on or from the Web Page, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations. XARMA reserves the right to remove any comments and contributions that violate the respect for the dignity of the person, that are discriminatory, sexist, xenophobic, racist, pornographic, that threaten youth or childhood, order or public safety, among others, or that, in its opinion, are not appropriate for publication. In any case, XARMA shall not be liable or indemnify for any damages arising from the opinions expressed by users through forums, chats, or other participation tools; (iii) Not to introduce, store or disseminate through the Web any computer program, data, virus, code, applets, macros, Active X controls, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the website, to any of the Services, or to any of the equipment, systems or networks of XARMA, of any User, of XARMA’s suppliers or in general of any third party, or that in any other way is capable of causing them any type of alteration or preventing the normal operation of the same; (iv) to adequately safeguard the “User Name” and the “Password” provided by XARMA to the Users, as identifying and enabling elements for the access to the different services offered in the Web Page, committing itself not to transfer its use nor to allow the access to them to third parties, assuming the responsibility for the damages and prejudices that could derive from an undue use of the same ones. Likewise, the user undertakes to notify XARMA, as soon as possible, of any loss or theft as well as any risk of access to the “User Name” and/or “Password” by a third party; (v) Not to carry out advertising, promotional or commercial exploitation activities through the Web Page, not using the contents and in particular the information obtained through the Web Page to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties; (vi) Not to use false identities, nor impersonate the identity of others in the use of the Web Page or in the use of any of the services of the Web Page, including the use of passwords or access codes of third parties or in any other way, as well as to attempt to access and, if applicable, use the e-mail accounts of other Users and to modify or manipulate their messages; (vii) Not to destroy, alter, use for its own use, render useless or damage the data, information, programs or electronic documents of XARMA, its suppliers or third parties; (viii) Not to introduce, store or disseminate through the Web any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
PERSONAL DATA PROTECTION POLICY
XARMA in accordance with Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) and the European Regulation 2016/679, of April 27 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (RGPD), informs the users of the Website of the Privacy and Data Protection Policy that will be applied in the processing of personal data that the User voluntarily provides when accessing its website or the corresponding mobile application, which can be consulted in section Privacy Policy“.
APPLICABLE LAW AND JURISDICTION
The present General Conditions and Policies of the Web Page have been written in Spanish, not being valid any version that can be found translated on the Internet or automatically provided by a search engine in any other language. The terms of the Web Page shall be interpreted and are subject to Spanish law.
These conditions are in accordance with XARMA’s internal Code of Ethics and Conduct, which defines XARMA’s behavior and commitment to comply with the provisions of the Code in relation to one or more business practices or economic sectors.
For any litigious matter derived from the existence, access, use or content of the General Conditions of Use of the Web Page, both the Client and XARMA, expressly waiving any other jurisdiction that may correspond to them, submit to the exclusive jurisdiction and competence of the Courts and Tribunals of Pamplona (Navarra).
CONTACT
For any questions regarding these terms and conditions, please do not hesitate to contact us at Caserio Latxe 01510 Urbina (Álava) or by e-mail at afuego@xarma.com.
SECURITY
This Web Site is implemented with technical measures of cybersecurity in order to guarantee the security in the transmission of data between your browser and our Web Page.
The secure server establishes a connection so that the information is transmitted in encrypted form, which ensures that it is only intelligible to the Client’s computer and the Web Site’s computer. Thus, by using the SSL protocol, it is guaranteed:
- That the Customer is communicating its data to the Web Site’s server center and not to any other.
- That between the Client and the Web Site the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.
To verify that you are in a secure environment, the Customer should check that the address of the verification Web Site begins with https://. You can also identify the Web Site as secure when a padlock icon appears in the address bar of your browser.