1. Ownership
www.huertadealbala.com is an Internet domain owned by HUERTA DE ALBALÁ, S.L.U., with VAT number B35668938, located at Carretera CA-6105, KM 4, 11630 Arcos de la Frontera, Cádiz. Registered in the Mercantile Registry of Arrecife in Volume 234, Book 0, Page 183, Section 8, Sheet IL 5898, Entry 1, Date 20/08/2001, Year Pre 2001 (hereinafter, the Owner). HUERTA DE ALBALÁ is an entity specialized in the online sale of wines.
2. General Terms of Use
This Website is intended to be used only by individuals who are of legal age and/or are legally permitted to consume or purchase alcoholic beverages in the country where they reside or from which they are accessing the Website. If the user is legally underage, they would be violating the applicable laws or regulations in their country of residence or the country from which they are accessing the site, and must therefore leave the Website immediately.
This Website is intended to be used only by individuals who are of legal age and/or are legally permitted to consume or purchase alcoholic beverages in the country where they reside or from which they are accessing the Website. If the user is legally underage, they would be violating the applicable laws or regulations in their country of residence or the country from which they are accessing the site, and must therefore leave the Website immediately.
This Legal Notice governs the use of this Website, which the Owner makes available to individuals who access it in order to provide information about its own services and to facilitate access to them.
3. Applicable Rules
This Legal Notice is subject to the provisions of Organic Law 3/2018 of December 5, 2018, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (GDPR), Guidelines 5/2020 on consent under Regulation (EU) 2016/679, Law 11/2022 of June 28, General Telecommunications Law, Law 34/2002 of July 11 on Information Society Services and Electronic Commerce, Royal Decree-Law 13/2012 of March 30, implementing directives on the internal markets for electricity and gas and on electronic communications, and adopting measures to correct imbalances between costs and revenues in the electricity and gas sectors, Guidelines 03/2022 on misleading patterns by the European Data Protection Board (EDPB), Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution in consumer matters, amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, Law 3/2014 of March 27, amending the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007 of November 16, Law 44/2006 of December 29, on improving consumer protection, Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011, on consumer rights, Law 7/1998 of April 13, on General Contracting Conditions, Law 17/2009 of November 23, on free access to service activities and their exercise, Law 7/1996 of January 15, on the Regulation of Retail Trade, Commission Delegated Regulation (EU) 2018/389 of November 27, 2017, supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council of November 25, 2015, on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC, and 2013/36/EU and Regulation (EU) 1093/2010, and repealing Directive 2007/64/EC, as well as any subsequent legislation that modifies or develops them.
Both access to the Website owned by the Owner and the use of the information and content included therein shall be the sole responsibility of the person accessing it. Access to the Website is subject to current legislation and the principles of good faith and lawful use by the User, with any action that harms the Owner being generally prohibited. The use of the Website for illegal or unauthorized purposes is strictly forbidden.
CLAUSE
In compliance with current Personal Data Protection regulations, we inform you that any personal data you have provided will be processed by HUERTA DE ALBALÁ S.L.U. as long as you do not communicate otherwise or unless there is a legal obligation. The data will be used to provide the requested services, respond to your inquiries, and, if you have given your express consent, to send you information that may be of interest. ii. You may exercise your rights of access, rectification, deletion, objection, restriction of processing, data portability, and not being subject to automated individual decisions (including profiling) by sending a request with the subject “Data Protection” to: P.O. Box 320, 11630 Arcos de la Frontera, Cádiz, or to info@huertadealbala.com, from the same email account you provided, indicating your contact details. iii. If you consider that your rights have been violated, you may file a complaint with the Spanish Data Protection Agency (www.aepd.es).
4. Modification of the Terms of Use
The Owner reserves the right to modify, at any time, the presentation and configuration of the Website, as well as this Legal Notice. Therefore, the Owner recommends that the User read it carefully each time they access the Website. The Legal Notice will always be available in a visible location, freely accessible for any inquiries the User may wish to make.
5. Description of the Services
www.huertadealbala.com is the Owner’s Website and serves as a tool for both information and the purchase of the services offered.
6. Registration
To make product purchases, registration is not required; you only need to complete the form with billing information and, if applicable, shipping details to a different address. By completing this form, you confirm that you are of legal age, capable of entering a contract, or have the express authorization of your legal guardian, and that you accept all the terms of this Legal Notice.
The Owner may suspend service to any User who makes unethical, offensive, illegal, or improper use of the content or services of this Website and/or acts against the interests of the Owner. The Owner also reserves the right to reject any registration request or cancel a previously accepted registration, without being obliged to communicate or disclose the reasons for its decision and without this giving rise to any right to compensation or reimbursement.
7. Termination
The Owner reserves the right to suspend or terminate the Website or any of its services at any time and without prior notice, for technical or any other reasons. The Owner may also unilaterally modify the access conditions or all or part of the content included on the Website, without prejudice to any rights acquired at that time.
8. Responsibilities
The links contained on the Website may lead to third-party Websites. The Owner assumes no responsibility for the content, information, or services that may appear on such sites, which are provided for informational purposes only and in no case imply any relationship between the Owner and the individuals or entities that own such content or the sites where it is hosted.
The Owner shall not be held liable under any circumstances for any damage that Users may cause to this Website, or to any other, due to illegal or improper use of the Website, or of the content and information accessible or provided through it.
The Owner shall not be liable for any violations committed by users of its Website that affect third parties.
The Owner does not guarantee the reliability, availability, or continuity of its website or Services. Therefore, use of them by the User is at their own risk, and under no circumstances can the Owner be held liable for such use.
The Owner shall not be liable in the event of service interruptions, delays, malfunctions, or, in general, any other inconveniences arising from causes beyond the Owner’s control, and/or due to intentional or negligent actions by the User, and/or resulting from acts of God or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, for the purposes of this Legal Notice, force majeure shall also include all events beyond the Owner’s control, such as: failures by third parties, operators, or service providers; government actions; lack of access to third-party networks; acts or omissions of public authorities; natural phenomena; power outages; and attacks by hackers or other third parties targeting the security or integrity of the IT system, provided that the Owner has implemented reasonable security measures in accordance with the state of the art. In any case, regardless of the cause, the Owner shall not assume any liability for direct or indirect damages, consequential damages, or loss of profits.
The Owner will make every effort to update and correct any information on its website that does not meet minimum standards of accuracy. However, it is acknowledged that errors may exist without intent, and the User is free to verify the content.
The Owner cannot be held responsible for the use of this Website by unauthorized persons or for references that may exist on external sites.
9. Indemnification
Users shall indemnify the Owner against any claims or demands from third parties related to activities carried out on the Website, for non-compliance with this Legal Notice and other policies incorporated herein, or for violations of any laws or third-party rights.
10. Nullity and Ineffectiveness of the Clauses
If any clause included in this Legal Notice or in the other legal and informational texts of the Website is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness shall affect only that provision or the part of it that is null or ineffective, with the remaining conditions continuing in full force. The affected provision, or the part thereof, shall be considered as not included.
11. Notifications
All notifications, requests, demands, and other communications to be made by the parties in relation to this Legal Notice or other legal and informational texts must be made in writing. They will be deemed properly delivered when handed over in person, sent by regular mail to the other party’s address or email, or to any other address or email that either party may designate for this purpose.
12. Intellectual and Industrial Property
The intellectual property rights of this Website, including its source code, design, navigation structures, and the various elements contained therein, are the exclusive property of the Owner, who holds the rights to exploit them in any form, particularly the rights of reproduction, distribution, public communication, and adaptation, in accordance with applicable Spanish and European Union law.
The total or partial reproduction of the content of this Website is strictly prohibited without the express written consent of the Owner, except for the company that created it. Unauthorized use of this content by any other person or company will give rise to the legally established liabilities.
The Owner will market products under the Registered Trademarks and commercial identifiers provided by its suppliers. These suppliers are the legitimate owners of the Registered Trademarks and any promotional material made available for product promotion, granting the Owner the necessary authorization to use them. This does not constitute a transfer of ownership, and the supplier remains solely responsible for any claims brought by third parties regarding the use of the Trademark, exempting the Owner from any liability related to intellectual property rights.
Any form of exploitation, including all types of reproduction, distribution, transfer to third parties, public communication, and adaptation, by any means or medium, of the aforementioned works, creations, and distinctive signs is strictly prohibited without the prior express authorization of their respective owners. Failure to comply with this prohibition may constitute an infringement punishable under applicable law.
Except in cases expressly authorized by the Owner, it is prohibited to present this Website or the information contained herein within frames, banners, distinctive signs, trademarks, or trade names of another person, company, or entity, including explicitly photographic content, which is considered the exclusive property of the Owner.
Violation of any of the rights may constitute a breach of these terms and conditions, as well as an offense punishable under Articles 270 and following of the Penal Code.
Users who submit observations, opinions, or comments to the Website via email or any other means, where the nature of the services allows, are deemed to grant the Owner authorization to reproduce, distribute, publicly communicate, adapt, and exercise any other exploitation rights over such observations, opinions, or comments, for the entire duration of copyright protection as legally provided and without territorial limitation. This authorization is granted free of charge.
The Owner warns that it cannot be held responsible for comments or any contributions made by third parties displayed on the Website or on linked external spaces. These do not in any case reflect the Owner’s opinion, and the Owner reserves the exclusive right to remove them if deemed inappropriate or acting against its own interests or those of third parties, at the Owner’s discretion.
The Owner is not responsible for the User’s use of the Website’s Services, nor for any material the User may upload to the Website, which may infringe the intellectual or industrial property rights or any other rights of third parties.
13. Jurisdiction
For any matters arising regarding the interpretation, application, and compliance with this Legal Notice, as well as claims that may result from its use, all parties involved submit to the competent Judges and Courts according to their applicable jurisdiction.
