TERMS AND CONDITIONS

 

Ownership:
https://roncontrabando.com is an Internet domain owned by LUIS CABALLERO S.A. with CIF: A -11000.692 and postal address in C/ San Francisco 32-1500, El Puerto de Santa María (Cádiz), (hereinafter referred to as the Holder). Cadiz Province Registry Data, leaf 1435, folio 77 vol. 49.
Caballero Group is a business group, from El Puerto de Santa María, mainly dedicated to wine, liqueur and spirits making.
General Terms of Use:
1. General Terms of Use framework

By accessing the Website, the User declares that he has read and accepts these Conditions. In any case, the General Terms of Use contained herein are mandatory and binding; any person who does not accept these conditions must refrain from using the Website and/or the services promoted by the Holder through the Site. These General Terms of Use do not serve to establish any company, mandate, franchise, or labor relationship between the Holder and the User.
These conditions regulate the use of this Website, which makes the Holder available to those Users who access the site, in order to facilitate them with information on their own products and/or services or those by third parties, and to facilitate their access or procurement.

2. Applicable rules

This Legal Notice is subject to the provisions of Organic Law 15/1999, of 13th December, on the Protection of Personal Data, its Development Regulations, RD 1720/07, EU Regulation 2016/679, of the European Parliament and of the Council of 27th 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 (General Data Protection Regulation), Act 34/2002 of 11th July, on Information Society and Electronic Commerce Services, the Royal Decree- Law 13/2012 of March 30th, transposing directives on internal electricity and gas markets and on electronic communications, and adopting measures to correct deviations from the cost and income of the electricity and gas sectors, as well as any subsequent legislation that modifies or develops them. And specifically to Act 11/2010 of December 17th, on the Prevention of the Consumption of Alcohol in Minors, and Law 25/1970, Statute of Vineyards, Wine and Alcohol, as well as the Regulations which supplement or amend them.

Both access to the Holder’sWebsite and the use that may be made of the information and contents contained therein shall be of the sole responsibility of the person who does so. The conditions of access to the Website shall be subject to the current legislation and the principles of good faith and lawful use by the User. Any and all forms of action to the detriment of the Holder are generally prohibited. Use of the Website for illegal or unauthorized purposes shall be considered strictly prohibited.

3. Modification of the General Terms of Use

The Holder reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Terms of Use. Therefore, the Holder recommends the User read them carefully every time he accesses the Website. The General Terms of Use will always be available and visible, freely accessible for all queries.

4. Description of the services

https://roncontrabando.com is a Website property of the Holder and serves as a product promotion tool.

5. Registry

To request information through the contact form, the User’s data will be necessary but no register will be required.

6. Termination

The Holder reserves the right to interrupt or cancel the Website or any of the services at any time, without prior notice, for technical or any other reasons, and may also modify the conditions of access, as well as all or part of the contents therein, without prejudice to the rights acquired at that time.

7. Responsibilities

The links contained in the Website can direct to third party websites. The Holder does not assume any responsibility for the content, information or services which may appear on such sites, which will exclusively be informative and in no case involve any relationship between the Holder and the persons or entities behind the contents or the holders of the sites anywhere they may be.

The Holder is not liable under any means of any harm that the Users may cause to this Website, or any other, for the illegal or improper use of the Site, or for the content and information accessible or facilitated through it.

The Holder shall not be responsible for infringements made by users of the Website affecting third parties.

The Holder does not guarantee the reliability, availability or continuity of its Website or the Services, so the use of the same by the user is carried out at their sole risk, without the assumption that the Holder must be held accountable for this reason.

The Holder shall not be responsible in the event of interruptions of the services, delays, malfunction and, in general, other disadvantages which arise from causes beyond the control of the Holder, and/or due to the willful or culpable performance of the user and/or caused by fortuitous reasons or force majeure. In addition, without prejudice to the provisions of article 1105 of the Civil Code, all events outside the control of the Holder shall be understood as a force majeure, and with regard to these General Terms of Use, all events beyond the Holder’s control. Such as: Faults by third parties, operators or service companies, Government acts, lack of access to third party networks, acts or omissions by the Public Authorities, any other produced as a result of natural phenomena, supply cuts, etc. and the attack of hackers or third parties specialized in the safety or integrity of the computer systems, provided that the Holder has taken reasonable safety measures in accordance with their technological availability. In any case, whatever the cause, the Holder shall not assume any liability either for direct or indirect damage, emergent damage and/or for the loss of profits.

The Holder shall try to the extent possible to update and rectify that information lodged on its Website which does not meet the minimum guarantees of accuracy. However, the Holder reports that unintentional errors of any type may exist and the User is free to contrast the content.

The Holder shall not be held responsible for the use of this Website by outsiders or references to it that may exist in other places.

8. Compensation

Users shall maintain the Holder unliable of any claim or demand by third parties related to activities promoted within the Website or by the non-compliance with the General Terms of Use and other policies understood to be incorporated in this document, or by the violation of any laws or third party rights.

9. Nullity and inefficiency of the Clauses

If any clause in these General Terms of Use is declared, wholly or partly, null and void or ineffective, such nullity or inefficiency shall affect only that provision or the part of it that is null or ineffective. The rest of these General Terms of Use remain valid and effective, in the absence of such provision or the part of it affected, as it is to be considered not included.

10. Notifications

All notifications, requirements, requests and other communications to be made by all parties in relation to these General Terms of Use, must be carried out in writing and shall be understood to have been duly performed when delivered by hand or by ordinary mail to the address of the other party or to the electronic mail of the other party, or to any other address or electronic mail that each party may indicate to the other party to this effect.

11. Intellectual and Industrial Property

The intellectual property rights of this Website, its source code, design, navigation structures and the various elements contained therein are exclusive ownership of the Holder to whom the exploitation rights of the Site are reserved in any form and, in particular, the rights of reproduction, distribution, public communication and transformation, in accordance with the Spanish and the applicable European Union legislation.

Total or partial reproduction of this Website contents is totally prohibited without express and written consent by the Holder. Unauthorized use of these contents by any other person or company shall result in the legally established responsibilities.

The Holder shall market the products with their registered trademarks and with the commercial labels indicated by its suppliers. These are the legitimate owners of the registered trademarks and promotional materials that they may have made available for the promotion of the product and grant the Holder the necessary authorization for the use of such products without their property being considered in any case to be assigned to the Holder, being the supplier solely responsible for any demand made by third parties in relation to the use of the registered trademark, exempting the Holder of any liability for intellectual property rights.

Any forms of exploitation, including all forms of reproduction, distribution, assignment to third parties, public communication and transformation, by any media or means, of the above referred works, creations and distinctive signs without prior and express authorization of their respective holders is prohibited. Failure to comply with this prohibition may constitute an infringement punishable by the existing legislation.

It is prohibited, except in cases expressly authorized by the Holder to present this Website or the information contained in it under frames, distinctive signs, trademarks or social or commercial denominations of another person or persons, company or entity expressly including photographic content that shall be considered exclusive property of the Holder.

The violation of these rights may constitute a violation of these General Terms of Use, as well as an offense punishable in accordance with articles 270 and subsequent articles of the Penal Code.

12. Jurisdiction

For all questions that arise regarding the interpretation, application and compliance of this Legal Notice, as well as claims that may arise from their use, all parties involved are to submit themselves to the appropriate common courts.

Privacy Policy:

The Holder promises to comply with the personal data protection legislation and to respect the privacy of Users. Our sole aim is to offer the best service, and we need certain data to do so.

In accordance with the provisions of Organic Act 15/1999 of December 13th, on the Protection of Personal Data, EU Regulation 2016/679, of the European Parliament and of the Council of 27th 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 (General Data Protection Regulation) , we inform you that personal data provided through this Website or by means of e-mails will be incorporated in a file owned by the Holder.

The rights provided in the current legislation may be exercised by email, sending an email request with the subject “Exercise Rights” to ejercicioderechos@grupodatcon.com, from the same account that the User facilitated. Rights can also be exercised by postal mail, attaching a copy of the User’s ID, to the following address: C/ San Francisco No. 32, 11500 El Puerto de Santa María, Cadiz.

1. Free Text Fields

Free Text fields that, at the User’s disposal, appear in the Website are for the unique and exclusive purpose of collecting information to improve the quality of the Services provided.

The User shall not include, in those spaces that the Website may offer as “free text”, any personal data that may qualify as within the range of data for which medium or high protection is required, such medium or high level of protection data, include but are not limited to, those relating to economic or financial situation, psychological profiles, ideology, religion, beliefs, union membership, health, racial origin and/or sexual life.

2. Non-Mandatory Fields

The Holder communicates to the User the non-compulsory nature of the collection of some data, except in fields indicated otherwise by a (*). However, the non-completion of such data may prevent the provision of those services linked to such data, freeing the Holder from all liability for the null or incomplete provision of these Services.

3. Access and rectification of personal data

The User commits to providing truthful information in regard to his personal data, and to keep such provided data always updated for the Holder. The User shall answer, in any case, for the veracity of the data provided, and the Holder reserves the right to exclude any User from the provided services if the data is false, without prejudice to other actions that may proceed by law. The data provided by the User shall be presumed correct, so, in the case of the erroneous transmission of their data by the User, the Holder declines any liability in the case of the faulty execution or non-performance of the consignment, as well as the erroneous compliance with the necessary administrative procedures.

4. Communication of personal data

Due to services management, Users’ data may be treated by companies who provide various services to the Holder, among others: dispatch, messaging, accounting, consultancy, computer maintenance, or any other services that due to their responsibilities as data controllers their access to such data may be indispensable or inevitable. This treatment shall not in any case be considered a data transfer.

The Holder shall not transfer such data to third parties in any case.

5. Confidentiality

Furthermore, exchanged information of any type shall also be confidential; may it be information agreed to be of such nature or information that is simply related to the content of such information. Visualization of data through the Internet will not mean direct access to data, unless the Holder has given express consent for each occasion.

Cookie Policy:

1. Cookie definition and use.

A cookie is a file that is downloaded onto the User’s equipment when accessing certain websites. Cookies allow the website, inter alia, to store and recover information about the User’s browsing habits and, depending on the information they contain and the way they use their equipment, they may be used to recognize the User.

2. Types of cookies that may be used in this Website.

• Proprietary cookies: They are sent to the User’s terminal from equipment or a domain managed by the Holder and from which the service requested by the User is provided.

• Third party cookies: They are sent to the User’s terminal from equipment or a domain that is not managed by the Holder, but by another entity that deals with data obtained through cookies.

• Session cookies: These are a type of cookie designed to collect and store data while the User accesses a website.

• Persistent cookies: They are a type of cookie in which data remain stored in the terminal and may be accessed and treated for a period defined by the cookie; from a few minutes up to a few years.

• Analysis Cookies: Such are those that are either treated by the Holder or a third party, which allow for the quantification of the number of users and thus for the measurement and statistical analysis of the use of the services performed by the Users. Their activity is analyzed in order to improve the delivery of the products and/or services offered.

3. Cookie removal and deletion.

Users may allow, block or remove cookies installed in their equipment by means of configuration of the options within their installed browser. If the use or installation of cookies is not permitted by their browser it could prove impossible to access some or any of the sections on the Website. Information on how to configure cookies depending on the browser used may be found at the following links (accessible as of the writing of this text)

For more information on how to block the use of cookies in Explorer, click here.

For more information on how to block the use of cookies in Chrome, please click here.

For more information on how to block the use of cookies in Firefox, click here.

For more information on how to block the use of cookies in Safari, click here.

The Holder is not responsible for the content and accuracy of the privacy policies of third parties reachable through the links within this Legal Notice.

4. Third party service providers.

In particular, third parties with whom certain services are managed for which the use of cookies is needed are:

Name of the provider: Google
Purpose of the cookie: Google Analytics
Description of the cookie’s purpose: Web statistics on the Website visits
For more information on the cookie’s use: http://www.google.es/intl/es/analytics/97

The Holder declines any liability with regard to the content and accuracy of the information and privacy policies relating to third party cookies.
For more information on the use of cookies in this Website, the User may request it through the contact form.
This policy was amended to date on September 15th 2017.

5. Web-based analysis – Google Analytics

This Website may use Google Analytics, a web analytics tool borrowed from Google, Inc. whose website is located at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, the United States (“Google”). This tool allows the Holder to know the degree of Users’ involvement with the Website, with the possibility of consulting a number of reports describing how Users interact with the Website for the purpose of improving it. Google Analytics collects information anonymously; namely, it reports of trends within the Site without identifying its users.

Google Analytics employs first party cookies, which are text files located in the User’s terminal, to monitor the Users’ interactions with the Website. These cookies are used to store information such as, for example, the time of the visit, if the User has visited the site before and what site recommended the User’s visit to this specific Website. Browsers do not share first party cookies from the same domain.

All equipment and devices connected to the Internet have an exclusive number assigned known as the “Internet protocol address” or “IP address”. Since these numbers are often allocated according to the country, IP addresses are often used to identify the country, the state and the city from which the equipment is connected to the Internet. Google Analytics registers the IP address of Users who visit the Website so that the Holder may know from which points of the planet they are visiting the Website. This method is called “P geolocation”. Google Analytics does not provide information on the actual IP address.

The conditions of the Google Analytics service prohibit the monitoring or the collection of personal data that identify a person (e.g. name, e-mail address or billing data, as well as other associated data) through Google Analytics or the personal information association with web analytics data.

The Holder can control the information that Google may use and decide whether it wants Google to use such data or not through the data sharing options of Google Analytics. These data serve to improve Google’s products and services.

In order to offer Users more options in relation to the data collecting ways of Google Analytics, the Google Analytics Opt-out Browser Add-on has been created. This Add-on indicates Google Analytics JavaScript code (ga.js) that information about the site should not be sent to Google Analytics. However, it does not prevent information from being sent to the website itself or other web analytics services. Users may refuse the use of their data or information by rejecting the use of cookies by selecting the appropriate configuration of their browser. Such Users should know that if they do so this may mean that it won’t be possible to use the full functionality of this Website.

By using this Website the User agrees to the treatment of their information by Google and the Holder as described and for the above mentioned purposes. For more information on this tool and about Google’s privacy policy, Users are recommended to visit the following link: http://www.google.es/intl/es/policies/