General conditions

General conditions2018-05-17T11:13:37+00:00

GENERAL CONDITIONS – WEB

1. INTRODUCTION
Access to this WEB is subject to prior reading and acceptance by any user of the terms, conditions, communications, warnings and other legal notices contained in this clause. The access and subsequent use of the WEB of Bodegas Itsasmendi, on the part of the user will imply its express, full and unreserved conformity, with the totality of its content. The aforementioned access is free.
If the user does not agree with the content of these General Conditions of navigation must leave this WEB, unable to access or dispose of the services it offers.
The user declares to be of legal age and have sufficient legal capacity to be bound by these General Conditions. Likewise, it accepts expressly and without exception that the access and use of this WEB site, its services and the contents of said services takes place under its sole and exclusive responsibility.
Access to this WEB is free and its visualization does not require prior subscription or registration.
ITSASMENDI may modify unilaterally, at any time it deems appropriate the configuration of this WEB, the conditions of the service and its content, as well as eliminate, limit or suspend them temporarily or permanently, as well as prevent access to them by procuring inform the user of said change, as long as the circumstances so permit, through its publication on the WEB page.
Given the minimum suspicion that the goods ordered will not be destined for the final consumer, end of the products sold on this website, Bodegas Itsasmendi reserves the right not to serve such orders.

2. IDENTITY OF THE HOLDER OF THIS WEB
The identifying data of the person responsible for this WEBSITE are the following:
Bodegas Itsasmendi, S.L. with NIF B-48972236 and address at Barrio Arane, 3 48300 Gernika-Lumo.

3. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
ITSASMENDI is obliged to provide the services offered by this website to end users, to effectively guarantee the secrecy of communications that may exist with the user as well as to respond to any complaints that may arise.
In case of carrying out maintenance, repair, updating or improvement of the services offered on the website, ITSASMENDI has the right to temporarily suspend access to it temporarily and without prior notice, as well as to reserve the right to provide or cancel the services, without prejudice of which will try to put it in knowledge of the users, whenever the circumstances thus allow it.
The use that users can make of the services and / or data and / or information provided to them through this website will be carried out at the user’s risk. ITSASMENDI does not guarantee the content provided, where appropriate, by third parties, nor does it guarantee the veracity, reliability, accuracy, timeliness or convenience of the information provided for the destination that the users or any other person makes of it.
The intellectual property rights over this website are owned by ITSASMENDI. The exclusive exercise of the rights of reproduction, distribution, public communication and transformation belong to the aforementioned company.

4. RIGHTS AND OBLIGATIONS OF THE END USER
At all times, the end user must make a lawful use of the services of this website in accordance with current legislation, respecting the intellectual property rights of ITSASMENDI or third parties. In this sense, the end user guarantees that the activities developed through this website will be adapted to the law, morality, public order, good customs and in no case will be offensive to the good name and commercial image of ITSASMENDI , for other users of the website or third parties.
The end user will not carry out through the services that ITSASMENDI makes available any action that causes damage or alterations of the contents, nor hinder the proper functioning of the web, not causing technical problems of any kind, not transferring elements susceptible to carry computer viruses or damage, interfere or intercept all or part of this website, as well as not intervene or alter the email of other users.
The responsibility of the end user regarding the accuracy of the data entered, in the event that it does so for any reason, is exclusive, so that in case of providing false or inaccurate information, ITSASMENDI reserves the right to prohibit access to this information. Web.

5. EXCLUSION OF GUARANTEES AND RESPONSIBILITY FOR THE OPERATION OF THE WEBSITE AND ITS SERVICES
ITSASMENDI does not guarantee the availability and continuity of the operation of this website and its services. In this way, any liability for damages of any kind that may arise from the lack of availability or continuity of the operation of the website and its services and the utility that users may have attributed to this website is excluded. In any case, ITSASMENDI will make its best efforts to maintain the continued availability of this WEB.
ITSASMENDI is not responsible for any errors or security deficiencies that may occur due to the use, by the User, of a browser of a non-updated or unsafe version, as well as for the activation of key or code conservation devices of identification of the User registered in the navigator or of the damages, errors or inaccuracies that could derive from the malfunction of the same.
ITSASMENDI has implemented all the necessary technical and organizational security measures that guarantee the integrity, confidentiality and availability of the personal data provided by the user; despite this, the absence of viruses or other elements in the contents of this web page that may cause alterations in the computer system (software and hardware) of the user or in the electronic documents and files stored in your computer system is not guaranteed.
ITSASMENDI disclaims any liability for damages of any kind that may be due to the presence of viruses in the contents that may cause alterations in the computer system, electronic documents, files, etc.
The user accepts that the Portal has been created and developed in good faith by ITSASMENDI with information from internal and external sources and offers it in its current state to users, and may contain inaccuracies or errors. Therefore, the user exonerates ITSASMENDI from any responsibility in relation to the reliability, usefulness or false expectation that the Portal could produce during its navigation through it.

6. INTELLECTUAL PROPERTY
All rights to the content of this website belong to ITSASMENDI except those of companies with which it has signed the corresponding contract for the provision of content and are protected by national and international intellectual and industrial property regulations.
The design, images, maps, graphics, brands, labels, distinctive signs or logos, frames, banners, the software and its different codes, source and object, etc. of this WEB are owned by ITSASMENDI, which legitimately has exclusive exploitation rights over them.
The user accessing this WEB can not copy, modify, distribute, transmit, reproduce, publish, assign, sell the aforementioned elements or create new products or services derived from the information obtained. Only the display and upload is authorized for the personal and non-commercial use of the user, without being able to extend it to third parties or entities.
It is strictly forbidden the alteration of this WEB by the user and that may affect its content, such as links (or links) and the like. ITSASMENDI will ensure that the contents of this WEB are not pornographic, xenophobic, discriminatory, racist, defamatory or that they do not encourage violence. In the same way, you will try to avoid any circumstance that may be harmful to users.

7. HYPERTEXTUAL LINKS OR LINKS
No link to the Portal can be established from any other WEB without the prior and express consent of ITSASMENDI. In the event that this web page may contain links or links to other portals or websites not managed by ITSASMENDI, this company states that it does not exercise any control over these portals or web sites, nor is it responsible for the content thereof.
The links that this WEB could contain will be offered, only, as informative references, without any type of evaluation on the contents, owners, services or products offered from them. In any case, ITSASMENDI is exempt from any liability in relation to the services provided by said third parties in the face of any claims of any nature and claims that may be filed in relation to them.

8. CONDITIONS OF PURCHASE

8.1. General conditions of purchase and acceptance.

The present General Conditions of Contract will expressly regulate the commercial relations that arise between ITSASMENDI and the users or clients that contract the products offered by this company through the Online Store ITSASMENDI.
Both the navigation and the acquisition of any of the products of the Online Store ITSASMENDI, implies acceptance as a user, without reservation of any kind, of each and every one of the subsequent General Contracting Conditions as well as, where applicable, of the Particular or Specific Conditions.

8.2. User registration.

The User may register completed the form enabled for this purpose in the section “Identify.” Once the mandatory and accepted fields have been completed, the terms, conditions and privacy policy, the user will receive a confirmation in the email account that has been provided for notification purposes, among others.
The identification codes and access codes to ITSASMENDI are personal and non-transferable, being the obligation of the Registered User to inform ITSASMENDI of possible changes in their personal data.
It is the responsibility of the User, as established by these conditions, accepted by any user browsing http://www.bodegasitsasmendi.com and by the provisions of these General Terms and Conditions of Service, to provide due diligence to prevent access and / or use of the WEB by third parties who access or use the codes or identification codes in their name. Likewise, the Registered User is solely responsible for the election, loss, theft or unauthorized use of any code or identifying code and the consequences that may arise from it.
In any case, the registered User will be responsible for the proper use of ITSASMENDI and the custody of the access codes or identification codes, and must refrain from using them for illicit purposes or effects contrary to the provisions of these Conditions.
The User may at any time unsubscribe automatically as a user of the website, without this decision may be retroactive, by communicating via email to info@bodegasitsasmendi.com
ITSASMENDI reserves the right to cancel the username and password and, therefore, access to this WEBSITE of those users who do not respect the provisions of the terms and conditions that govern browsing the Web in general and / or maintain debit or unpaid balances with ITSASMENDI.

8.3. Formalization of the Sale

8.3.1. Products offered

ITSASMENDI will show the products for sale at any time along with some of their own characteristics and their price. ITSASMENDI reserves the right to decide at any time, the products offered to users or customers through ITSASMENDI. In this way, ITSASMENDI may at any time add new products to those included in it, which will be governed by the provisions of the General Conditions in force at that time. Likewise, ITSASMENDI reserves the right to stop providing access, at any time and without prior notice, of any of the products offered in the On Line ITSASMENDI store.

8.3.2. Indication of product prices.

The price of each product will appear on the screen. The prices on the screen will be indicated in Euros and do not include the TAX ON THE ADDED VALUE (VAT) and any other tax that may be applicable. Bodegas Itsasmendi reserves the right to modify the prices of the virtual store without prior notice.

8.3.3. Availability.

All product orders are subject to their availability.

8.3.4. Costs and delivery times

The expenses for handling, packaging, conservation, transport and delivery of the order are a single fee of € 8, regardless of the weight, to be delivered in the peninsula and the Balearic Islands. The delivery times will start from the confirmation of payment of the order in the case of payment with paypal or transfer. It will be from 24 to 72 working hours in the peninsula, depending on the availability of the product and delivery address. If for technical reasons these deadlines can not be met, Bodegas Itsasmendi will contact you to inform you of the new delivery deadline. The delivery time in the case of the Balearic Islands and the Canary Islands will be 7 to 10 business days from the moment the purchase is made. The delivery time of the order for those cases where the purchase amount is paid through a transfer, will start from the day the payment is made in the account of Bodegas Itsasmendi. In case of any delay in the delivery times, please contact us on the phone 946.270.316 or through email info@bodegasitsasmendi.com.

9. PROTECTION OF PERSONAL DATA. PRIVACY POLICY

Bodegas Itsasmendi is a company dedicated to the elaboration and trade of wines and will be responsible for the data of Users/clients who browse on and/or register with Bodegas Itsasmendi.
Bodegas Itsasmendi’s protection of personal data and confidentiality policy covers everything concerning the gathering and use of the information provided via the Website.

9.1. Information and purpose

The total or partial response to the forms on this website is completely voluntary and the non-response has no consequences. In compliance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data (LOPD), the data provided by you will be incorporated into a file owned by BODEGAS ITSASMENDI, S.L. with CIF: B-48972236 and address Barrio Arane, 3- 48300 Gernika – Vizcaya. In the forms themselves, the data provided by the users is transferred to Bodegas Itsasmendi, S.L. respecting in all cases the will of the users and in strict compliance with the LOPD and its development regulations having adopted all the necessary security measures and required by RD 1720/2007 to guarantee the confidentiality and security of the data provided.
By means of registration and by accepting the general conditions of the service, the Website User is considered to be legally informed and aware of the fact that Bodegas Itsasmendi will store and process the personal data provided during registration, those deriving from the use of the service (data obtained from purchases), as well as those resulting from computer processes with the purpose of providing the service requested by the client and making them a participant in the business plan, for which segmentations will be carried out using their data, along with market studies and profiling, deriving or not from the analysis of their purchasing habits; processing which will enable the application of advantages, discounts and additional offers to the Client and allow them to receive promotional communications.
Important: Should the client not wish to receive promotional information, if they change their mind or want to amend their data, the client may exercise rights of opposition, access, rectification and cancellation or withdraw their consent at any time, addressing written correspondence to Bodegas Itsasmendi, Bº Arane, 3- Apdo. 241 – 48300 Gernika-Lumo (Bizkaia) or via the email address: info@bodegasitsasmendi.com.

9.2. Security measures:

BODEGAS ITSASMENDI declares that it has adopted all the necessary and adequate security measures to the provisions of Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13 , of protection of personal data and has established all the technical means at its disposal with the intention of avoiding the loss, misuse, alteration, unauthorized access or theft of the data that you provide to BODEGAS ITSASMENDI without prejudice to the provided in the section “Exclusion of guarantees and responsibility for the operation of the website and its services.”

9.3. Data transfer:

BODEGAS ITSASMENDI will not transfer data from users to third parties.

10. APPLICABLE LAW AND JURISDICTION

These General Conditions of use and navigation are governed by Spanish legislation. For any litigation arising from the existence or content of these General Conditions or content of the portal, the user should contact info@bodegasitsasmendi.com.