Legal note



LEGAL NOTE

1. LEGAL INFORMATION AND ACCEPTANCE

The terms and conditions set forth in this Legal Notice regulate the use of website (hereinafter, the “Website”) that Codorníu, S.A. (Hereinafter “CODORNIU”) makes available to Users accessing its Website (hereinafter, the “User” or “Users”) for the purpose of providing them with information about services, activities, courses and visits to the wineries, among others, offered by CODORNIU.

CODORNIU, with CIF number A0814953, has its registered office in Edificio Alta 1, Avenida Països Catalans, nº 38, 08950 Esplugues de Llobregat, and is registered in the Mercantile Register of Barcelona, Volume 23.827, Folio 45, Sheet B-62.284. If you wish to contact CODORNIU you can use the above-mentioned postal address, or you can do it via email if you prefer it.

The use of the Website by the Users implies the acceptance of all the conditions included in this Legal Notice.

Users should carefully read the current Legal Notice on the Website every time they intend to use it, as it may undergo modifications without prior notice.

Some services on the Website accessible to Users are subject to general contracting conditions, particular conditions, regulations and instructions that, if necessary, replace, complete and/or modify these terms and conditions, and which must be accepted by Users before the provision of the corresponding service.

By accessing the Website, the User declares that he/she is of legal age, in accordance with the Spanish law and has the legal capacity required to be bound by the provisions of this Legal Notice.

Access to and/or use of such services and contents expresses the entire and unconditional acceptance of the particular conditions in the version published by CODORNIU at the time of such access and/or use.

It is possible that, throughout the provision of the services included in the Website, the name of the domain under which such services are rendered is modified. Therefore, Users know and accept this possibility, remaining in full compliance with the obligations accepted by Users and CODORNIU in accordance with what is established in this document.

 

2. CONDITIONS OF USE OF THE CONTENTS AND SERVICES

The use of the Website and its content is totally voluntary and remains under the User’s responsibility.

Access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider hired by the User.

Users may only access the contents through the means or procedures that have been made available for this purpose in the Website or are usually used on the Internet for that purpose, provided they do not involve the violation of intellectual property rights or involve any type of damage to the Website and/or the information or services offered.

Users are obliged to use the contents and services in a diligent, legal, correct and lawful manner and, in particular, they commit themselves enunciatively and not exhaustively to refrain from:

  • a. using the contents and services in a way that produces or can produce effects and/or for purposes contrary to law, morality and the generally accepted good practices or public order;
  • b. transmitting or disseminating information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any material that is obscene, offensive, vulgar or induces criminal, denigrator, defamatory, infamous, violent or, in general, contrary to the law, to morality and to the generally accepted good customs or to public order;
  • c. reproducing, copying or distributing the contents, as well as allowing the public access to them through any modality of public communication, or transforming or modifying them, unless the authorization of the holder of the corresponding rights is obtained or it results legally permitted;
  • d. infringing intellectual or industrial property rights belonging to CODORNIU or to third parties;
  • e. using the services and content in a way that may cause a loss or overload for the operation of the Website;
  • f. engaging in fraudulent transactions that may led to of any kind of illicit or fraudulent behaviors of any kind, and
  • g. using the contents and services and, in particular, information of any kind obtained through the Web Site with any type of advertising purpose and, especially, sending publicity, communications aimed at carrying out a direct sale or with any other kind of commercial purpose with unsolicited messages addressed to single person or a group, as well as commercializing or disclosing such information in any kind of way.

Users shall be liable for damages of any kind that CODORNIU may suffer, directly or indirectly, as a result of a non-compliance with any of the obligations derived from this Legal Notice or from the law in relation to the use of the Website.

 

3. REQUEST FOR CONTRACTING

When a User wants to request the service offered through the Website, he must fill in a questionnaire through which a series of personal data will be requested in order to obtain information about the activity the User intends to book, the services that would be required from CODORNIU and details regarding the date and time in which the selected activity is intended to be carried out. Thus, once the corresponding questionnaire has been completed and its application has been analyzed, CODORNIU will contact the User by the method he/she has indicated as preferential to proceed to specify the last details and offer the requested service.

In this phase of request for contracting a service, in relation to the collection and processing of personal data by CODORNIU, will be again established in Clause 8 of this Legal Notice.

 

4. EXCLUSION OF WARRANTIES AND LIABILITY

CODORNIU reserves the right to interrupt the access to the Website, as well as the provision of any or all of the contents provided through it at any time and without prior notice, due to technical reasons, security, control, maintenance, power failure or any other reason.

Consequently, CODORNIU does not guarantee the reliability, availability or continuity of the Website or its contents; so that the use of the same by the Users is carried out at their own risk and they cannot ask at any moment for responsibilities due to the discontinuity or lack of availability of their services.

CODORNIU shall not be liable in case of interruptions in the service, delays, failures, malfunctions of the service and, in general, any other inconvenience arising from causes beyond the control of CODORNIU, and/or due to intentional or guilty actions from the Users and/or having as origin causes of force majeure. Without prejudice to what is established in article 1105 of the Civil Code, in addition to the effects of these general conditions, all events occurring outside CODORNIU’s control, such as: third party judgment, operators or service companies, government actions, lack of access to third-party networks, acts or omissions of Public Authorities, others produced as a result of natural phenomena, blackouts, etc. and the attack of hackers, crackers or other third parties to the security or integrity of the computer system. In any case, whatever its cause is, CODORNIU will not assume any liability for direct or indirect damages, emergent damages and/or loss of profit.

CODORNIU excludes any liability for damages of any nature that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the content transmitted, disseminated, stored, made available or received, obtained or accessed Through the Website, nor for the content provided or offered by third parties or entities.
CODORNIU will try as far as possible to update and rectify that information hosted on the Website that does not comply with the minimum guarantees of truthfulness. Nevertheless it will be exonerated of responsibility for its non-update or rectification as well as for the contents and information expressed in the same.

CODORNIU is not responsible for the content of the information collected on the Website, as well as for those opinions, comments, assessments or any other statement contained therein that are not issued directly by CODORNIU.

CODORNIU excludes any liability for damages of any kind that may be due to the presence of viruses or other harmful elements in the contents that may cause alteration in the computer systems, as well as in the documents or systems stored in them.

CODORNIU is not responsible for the content, whatever it is, that Users send to CODORNIU through the Website, through the service of electronic mail or any other means, being therefore attributable to Users any responsibility arising of the contents sent by them.

CODORNIU is not responsible for the use made by Users of the content of the Website, as well as any other material contained in the Website, which may imply a violation of any kind of national or international standard, of industrial or intellectual property rights or any other right of third parties. Likewise, it is not responsible for possible security errors that could occur due to the use of versions of non-updated browsers, or the consequences that could be derived from the malfunction of the browser, either due to inadequate configuration, presence of computer viruses or any other cause beyond CODORNIU.

 

5. THIRD PARTY LINKS (OUTGOING LINKS)

The Website access service may include technical linking devices, directories and even search tools that allow Users access Internet websites (hereinafter “Linked Sites”). In these cases, CODORNIU acts as a service provider in accordance with article 17 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (hereinafter “LSSI”) and will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the wrongfulness or that it may harm property or rights of third parties and has not deactivated the link with the due diligence.

In the event that Users consider there is a Linked Site with illicit or inappropriate content, they may notify CODORNIU to the contact address indicated in the first section of this Legal Notice, indicating:

  • a. communicator’s data: name, address, telephone number and email address;
  • b. a description of the facts that reveal the unlawful or inappropriate character of the Linked Site; and
  • c. An express statement that the information contained in the communication is accurate.

In no case does this communication imply the obligation to withdraw the corresponding link, nor does it imply, according to the provisions of the LSSI, the effective knowledge of the activities and/or contents indicated by the communicator.

In no case, the existence of Linked Sites must presuppose the existence of agreements with those responsible people or holders thereof, nor the recommendation, promotion or identification of CODORNIU with the manifestations, contents or services provided.

CODORNIU does not know the contents and services of the Linked Sites and therefore is not liable for damages caused by the wrongfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of Linked Sites nor by any other damage that is not directly attributable to CODORNIU, except as provided in the mentioned article 17 of the LSSI.

If Users decide to visit and/or use any Linked Sites, they will do so at their own risk and will have to take appropriate protection measures against viruses or other harmful elements.

 

6. LINKS TO THE WEBSITE (INCOMING LINKS)

No third party is allowed to introduce links from its own web pages to the Website unless express consent of CODORNIU.

In the event that a third party is authorized to use the link, this use shall be made in compliance with the limitations and purposes set forth in the authorization itself.

CODORNIU may request, at any time and without having to provide the reasons for such request, to delete any link to the Website, after which the responsible of the linking website must immediately proceed to its elimination.

 

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The entire contents of the Website, understood by them as merely expository texts, photographs, graphics, images, icons, technology, software, links, domains, brands and other audiovisual or sound content, as well as their graphic design and source codes, are the exclusive property of CODORNIU or third parties whose rights, if any, are acknowledged by CODORNIU, and are subject to intellectual and industrial property rights protected by national and international legislation.

It is strictly forbidden to use any of the elements that are object of industrial and intellectual property with any type of purpose, especially commercial, as well as its distribution, public communication, modification, alteration, transformation or decompilation, unless expressly authorized in writing by the holder of the same.

The violation of any of the aforementioned rights may constitute a violation of these provisions, as well as an action constituting an offense established in articles 270 and following of the Penal Code.

 

8. POLÍTICA DE PRIVACIDAD Y PROTECCIÓN DE DATOS DE CARÁCTER PERSONAL

Any personal data that Users provide during the use of the Website will be treated in accordance with our Privacy Policy in the next chapter.

Users must read and accept such Privacy Policy before providing their personal data to CODORNIU.

 

9. GENERAL INFORMATION

Any clause or provision of this Legal Notice that is or becomes unlawful, invalid or unenforceable will be excluded from it and will be considered inapplicable insofar as it reaches such illegality, invalidity or unenforceability, and will be replaced by another one that is as close as possible to the above-mentioned, but shall not affect or prejudice the remaining provisions, which shall be excluded from any illegal, invalid or unenforceable clause or provision and shall remain in full force and effect.

CODORNIU excludes any type of guarantee, and therefore, is free of all responsibility derived from the previously expressed points, as well as of other aspects that may not be contemplated in this document.

 

10. APPLICABLE LAW AND JURISDICTION

La relación entre CODORNIU y el Usuario se regirá por la normativa española vigente y cualquier controversia se someterá a los Juzgados y Tribunales del domicilio del Usuario.

 
 

PRIVACY POLICY

For the purposes of the regulations in force regarding personal data protection, by means of this Privacy Policy, Codorníu, S.A. (Hereinafter referred to as “CODORNIU”) hereby informs the Users (hereinafter, the “User” or “Users”) of the Website (hereinafter, the “Website”) about its protection policy of personal data collected from the Users of the Website, so that they determine freely and voluntarily if they wish to provide CODORNIU with personal data that may be required or obtainable on the occasion of their access and use of the services offered on the Website.

The only personal data that CODORNIU will access through the Website will be that information the User voluntarily facilitates and that will be treated in accordance with the established in the Organic Law 15/1999, of December 13, on Data Protection of Personal Character (hereinafter, “LOPD”), and its regulations of development. In this sense, it is necessary for the User to know that for the provision of the services offered through the Website, personal data will be requested, the collection of any of which is entirely necessary for the provision of the services that the User You have been able to request.

In compliance with current regulations, CODORNIU expressly states that it has adopted all the necessary technical and organizational measures to guarantee the security and integrity of the personal data it deals with, as well as to prevent its possible loss, alteration and/or access by unauthorized third parties.

1. TREATMENT OF PERSONAL DATA FACILITATED THROUGH THE WEBSITE

Without prejudice to what is stated in each of the forms on the Website, the personal data provided by the Client will be part of a file owned by CODORNIU for the purpose of managing and responding to your request, as well as to send you information about products and services, both by postal and electronic mail.

You can exercise your rights of access, rectification, cancellation and opposition, as well as revoke the consent to send commercial communications, sending an email to the address reservas@codorniu.es or a letter addressed to the Legal Department of Codorníu, Av. Països Catalans, 38, 2ª Planta, 08950, Esplugues de Llobregat, Barcelona.

2. LEGAL AGE

The products and services offered on the Website can only be hired by individuals over 18 years of age with full legal capacity to act. CODORNIU reserves the right to check at any time the age of the Users who intend to use such products and services, reserving the right not to lend them if it is suspected that the User is a minor.

3. COMMUNICATION OF DATA

CODORNIU expressly informs and guarantees to the Users that their personal data will not be transferred to third parties. In any case, if CODORNIU decides to cede the personal data of the Users to third parties, it would request, prior to, its express, informed and unequivocal consent.

CODORNIU may disclose information about the User without prior consent if required by law or required by a Judge or Court.

4. CHANGES IN PRIVACY POLICY

CODORNIU reserves the right to modify, update and/or adapt the Privacy Policy to any changes in the applicable legislation or in the interpretation of the Spanish Data Protection Agency, or to introduce any changes that are considered relevant or appropriate by CODORNIU.

CODORNIU will notify Users of any changes in the Privacy Policy through a notice on the Website and will be applicable from the effective date of publication.

 

 

COOKIES POLICY

Cookies usage policy

The User is warned that this Webpage uses cookies. Cookies are small data files that are generated on the User’s computer and that allow the User to store the information generated by his/her activity in the network. Cookies allow a website, among other things, to store and retrieve information about the browsing habits of a User or his/her computer and, depending on the information it contains and how they use their equipment, cookies can be used to recognize the User.

This Website may use the following cookies:

Technical Cookies

Those cookies that allow the User to navigate through a web page, platform or application and the use of the different options or services that exist in it, such as controlling traffic and data communication, identifying the session, accessing to restricted access parts, remembering the elements that make up an order, carrying out the process of buying an order, making the application for registration or participation in an event, using security features during the navigation, storing contents for the broadcast of videos or sound material or sharing content through social networks.

Within these cookies we can find, among others, User’s login cookies, Authentication cookies, User’s Security cookies, Multimedia Player cookies, Session cookies to balance the load or plug in cookies to exchange social content.

Personalization Cookies

Those cookies that allow the User to access the service with some general characteristics predefined according to a series of criteria in the User’s terminal, such as the language, the type of browser through which there is accesses the service, regional configuration from where there is access to the service, etc.

Analytical Cookies

Analytical cookies allow the monitoring and analysis of your browsing behavior in our Website, in order to be able to elaborate browsing profiles of Users to introduce improvements in our services based on the analysis of their usage data. In this way, we can know the following information:

– The date and time of the last time the User visited our Website.

– Access to the contents the User chose in his/her last visit to our Website.

To use the statistics of use of our Website we use statistical tools with a limited scope to the functions described in the previous paragraph, and in order to know the level of recurrence of our visitors and the contents that are most interesting for them. Such way we can focus our efforts on improving the most visited areas and enable the User find more easily what he/she is looking for.

The Website may use your visit information to perform statistical assessments and calculations on anonymous data as well as to ensure continuity of service or to make improvements to our Websites. Such information will not be used for any other purpose.

Advertising Cookies

Advertising cookies allow managing, as effectively as possible, the advertising space included in our website, based on criteria such as the content edited or the frequency with which the ads are displayed.

Behavioral Advertising Cookies

Behavioral advertising cookies (also called tracking cookies) allow us to effectively manage the advertising space included on this website. These cookies store information about the User’s behavior obtained through the continuous observation of his/her browsing habits, which allows us to develop a specific profile to show you advertising based on it.

This typology includes cookies used for limiting sales pressure, financial login, advertising affiliation, click in fraud detection, market research and analysis, product improvement and purification, among others.

Social Networking Plug-in Cookies for Tracking

Plug-in cookies to exchange social content can be used by third parties to track people, both members and non-members of a social network, in order to include behavioral advertising or aimed at the analysis and market research.
The following table shows, only as an example, the identification of the most relevant cookies used in the Websites, as well as whether they our own cookies or from third parties (and identification of the contracted third party or the services from whom have been used) and their purpose:

Cookies used in this Website

Cookie: _ga
Lifetime: 2 years
Type ok cookie: Measure of website use (Google Analytics)
Purpose: This cookie is used to tell apart unique users by assigning them a randomly-generated identifier number. It is included in every page request and it is used to calculate the number of visitors, sessions and data for web analysis. It expires after 2 years by default, but the webpage owner can personalize it.

 

Cookie: _utma
Lifetime: 2 years
Purpose: This number is a random number and is used to determine unique visitors to our website.

 

Cookie: _utmb
Lifetime: 30 minutes
Purpose: This random number works with _utmc to calculate the average amount of time that users spend on our website.

 

Cookie: _utmc
Lifetime: Ends when the browsing session ends.
Purpose: This random number works with _utmc to calculate the average amount of time that users spend on our website.

 

Cookie: _utmz
Lifetime: 6 months
Purpose: This random number works with _utmc to calculate the average amount of time that users spend on our website.

 

Cookie: _utmv
Lifetime: 2 years
Purpose: This is a random number to obtain data on how the user arrived at the website (e.g. directly or via a link or an organic or paid search, etc.)

Cookies Management

Without prejudice to what above-mentioned, the User has the possibility to configure his/her browser to be warned of the reception of cookies and to prevent its installation in his/her equipment. However, the deactivation of cookies may affect the correct functioning of certain sections of the website.

Please refer to the instructions and manuals of your browser for further information:

  • If you use Microsoft Internet Explorer, in the Tools menu option by selecting Internet Options and accessing Privacy.
  • If you are using Firefox for Mac in the Preferences menu option, selecting Privacy, accessing the Show Cookies section, and for Windows in the Tools menu option, selecting Options, accessing Privacy and then using a personalized setting for the Browser History.
  • If you are using Safari, in the Preferences menu option, select Privacy.
  • If you use Google Chrome, in the Tools menu option, selecting Options (Preferences on Mac), accessing Advanced and then the Content Settings option in the Privacy section, and finally checking Cookies in the Content Settings dialog.

Information obtained through cookies is used by CODORNIU.

Finally, we inform you that you have the possibility to revoke at any time the consent provided for the use of cookies by CODORNIU, configuring for this aim your browser in the terms foreseen in the previous point.