1. Legal information and acceptance
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company’s identification details are set out below. This Internet portal is made available to users by the company, whose identification details are as follows:
|Denominación Social:||QUALISCA 13 SL|
|Domicilio Social:||Av. Duque De Ahumada, 13 – Edificio El Faro, Bajo 1. 29602, Marbella, Malaga|
This legal notice sets out the general conditions governing access to and use of this website, hereinafter “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses the website, without prejudice to the particular conditions that may apply to some of the specific services of the website.
Access to the website is free of charge except for the cost of connection through the telecommunications ntwork supplied by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted.
The use of the Portal confers the condition of Portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time at which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read this Legal Notice carefully each time he/she intends to use the Portal, as the Portal and its conditions of use set out in this Legal Notice may undergo modifications.
Some Portal services accessible to Internet users or exclusive to customers of Bodega del Mar may be subject to special conditions, regulations and instructions which, where appropriate, replace, complete and/or modify this Legal Notice and which must be accepted by the User before the corresponding service is provided.
2. Intellectual and industrial property
This website and the contents it contains are protected by current legislation on intellectual property.
Bodega del Mar is the owner or licensee of all intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, is expressly prohibited without the authorisation of Terms and Conditions.
The trademarks, trade names or distinctive signs are owned by Bodega del Mar or third parties, and access to the Portal may not be construed as attributing any right over the aforementioned trademarks, trade names and/or distinctive signs. The registered trademarks are the following:
|Spanish brand||Date of discharge|
|Bodega del Mar|
All products and services on these pages that are NOT owned by Bodega del Mar are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the Bodega del Mar website for promotional and information gathering purposes. These owners may request the modification or elimination of the information belonging to them.
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Bodega del Mar or third parties for any damages that may be caused as a result of a breach of this obligation.
It is expressly forbidden to use the Portal for purposes harmful to the property or interests of Bodega del Mar or third parties or which in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or products and computer applications (software) of Bodega del Mar or third parties.
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
By way of example only, the User, in accordance with current legislation, must abstain from:
- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorised by law or expressly consented to by Bodega del Mar or by whoever holds the ownership of the exploitation rights, as the case may be.
- Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
- Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that Bodega del Mar makes available to Users..
3.3 Entering links to the Portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without ignorance of these conditions avoiding the responsibilities derived from the Law:
The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copy of texts, graphics, etc).
It shall be prohibited in any case, in accordance with the applicable legislation in force at any given time, to establish frames of any kind that surround the Portal or allow the Contents to be viewed through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal in such a way that: (I) produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) involves an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Bodega del Mar; or (IV) in any other way is prohibited by current legislation.
The page that introduces the link shall not make any false, inaccurate or incorrect statement about Bodega del Mar, its partners, employees, clients or about the quality of the services it provides.
Under no circumstances shall it be stated on the page where the link is located that Bodega del Mar has given its consent to the insertion of the link or that it otherwise sponsors, collaborates with, verifies or supervises the services of the sender.
The use of any word, graphic or mixed brand or any other distinctive sign of Bodega del Mar within the sender’s page is prohibited except in cases permitted by law or expressly authorised by Bodega del Mar and provided that, in these cases, a direct link to the Portal is permitted in the manner established in this clause.
The page that establishes the link must comply faithfully with the law and may not under any circumstances provide or link to its own or third party content that: (I) is unlawful, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induces or leads to the creation of a link to the Portal. ); (II) induce or could induce in the User the false conception that Bodega del Mar subscribes to, endorses, adheres to or in any way supports the ideas, statements or expressions, legal or illegal, of the sender; (III) are inappropriate or irrelevant to the activity of Bodega del Mar in view of the place, content and subject matter of the sender’s website.
4. Exclusion of liability
4.1 From the Information
Access to the Portal does not imply any obligation on the part of Bodega del Mar to verify the truthfulness, accuracy, adequacy, suitability, completeness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of legal advice or any other type of service, and therefore this information is insufficient for the User to make personal or business decisions.
Bodega del Mar shall not be liable for the decisions taken on the basis of the information provided on the Portal or for any damages caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.
4.2 Quality of service
Access to the Portal does not imply any obligation on the part of Bodega del Mar to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programs.
Bodega del Mar shall not be liable for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of Bodega del Mar. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
Bodega del Mar shall not be liable for damages of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the Portal service during or prior to the provision of the same.
4.4 On the contents and services linked through the Portal
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Bodega del Mar acts as an intermediary service provider in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI) and shall only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of the unlawfulness and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with unlawful or inappropriate content, he/she may notify Bodega del Mar in accordance with the procedure and the effects established in clause 6, without this notification in any case entailing the obligation to remove the corresponding link.
Under no circumstances shall the existence of Linked Sites presuppose the existence of agreements with the managers or owners of the same, nor the recommendation, promotion or identification of Bodega del Mar with the statements, content or services provided.
Bodega del Mar is not aware of the contents and services of the Linked Sites and therefore shall not be liable for any damage caused by the unlawfulness, quality, failure to update, unavailability, error or uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to Bodega del Mar.
5. Data protection
You can read our Data Protection Policy to learn more about how we use your personal information.
6. Reporting of activities of an illegal and inappropriate nature
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are unlawful, harmful, denigrating, violent or contrary to morality, he/she may contact Bodega del Mar indicating the following points:
- Personal data of the caller: name, address, telephone number and e-mail address;
- Description of the facts that reveal the unlawful or inappropriate nature of the Linked Site;
- In the case of infringement of rights, such as intellectual and industrial property rights, the personal data of the holder of the infringed right when this is a person other than the communicator.
- It must also provide the title accrediting the entitlement of the holder of the rights and, where applicable, that of representation to act on behalf of the holder when he/she is a person other than the communicating party;
- Express declaration that the information contained in the claim is accurate.
The receipt by Bodega del Mar of the communication provided for in this clause shall not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the communicating party.
It must also provide the title accrediting the legitimacy of the holder of the rights and, where appropriate, the representation to act on behalf of the holder when it is a person other than the communicating party; Express declaration that the information contained in the claim is accurate.
All notifications and communications made by the parties shall be valid in accordance with the means permitted by law. Those relating to this Portal shall be considered effective, for all purposes, if they are made through the Portal itself.
Bodega del Mar reserves the right to make unannounced changes it deems appropriate on its website, and may change, delete or add content and services provided through the same as well as the way in which they are presented.
On the other hand, these terms and conditions may change at any time. The modifications will come into force from the moment of their publication.
This Legal Notice is governed in each and every one of its aspects by Spanish law. Provided that the applicable law allows the waiver of the established legal jurisdiction, the courts of Malaga are designated as the jurisdiction to settle possible disputes, the user expressly waiving any other jurisdiction that may apply.