1. Purpose and scope of application
The purpose of these General Conditions of Use (hereinafter, the Conditions of Use) is to regulate access to the contents and services for non-registered users of the Web Page owned by LADRAN GAUCHO LS, with registered address at Avenida de os Teatinos 40, Floor 1 – Sevilla (41013), Spain (41013) con CIF: B90488297, located at URL https://ladrangaucho.com/
1.1. The fact of accessing, browsing or using the services and contents of the Website implies that the User has read, is aware of and accepts without reservation the Conditions of Use.
In this sense, the person who uses, navigates or accesses any of the contents and services offered on the Website shall be considered a user.
1.3. LADRAN GAUCHO LS eserves the right to modify the presentation, configuration, content of the Website and any of its services, as well as the conditions required for access, use and / or provision of services offered. Access and use of content and services after the entry into force of its modifications or changes in the conditions imply acceptance of them.
2. Intellectual and industrial property rights
2.1. This Website is governed by national and international legislation on intellectual and industrial property.
2.2. In no case shall it be understood that access and navigation of the user to the Website or the use, purchase and / or procurement of products or services offered through the same, imply a waiver, transfer, license or total or partial transfer of such rights by LADRAN GAUCHO LS.
2.3. LADRAN GAUCHO LS owns or has obtained the corresponding license on the rights of exploitation of intellectual and industrial property of LADRAN GAUCHO as well as the rights and / or licenses of intellectual property, industrial and image on the contents and products available through the same.
2.4. It is not allowed to remove, circumvent or manipulate the copyright notice (“copyright”) and any other data identifying the rights of LADRAN GAUCHO LS.
It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, send by mail, transmit, use, process or distribute in any way all or part of the contents and products included in www.ladrangaucho.com for public or commercial purposes, if you do not have the express written permission of LADRAN GAUCHO LS.
3. Website use
3.1. The User will have access to the contents and use of the services provided by the Website free of charge, although some services may be subject to prior registration, prior contracting and/or payment of an amount by the User, which will be specified in their own General Contracting Conditions.
3.3. In particular, and merely as an indication and not exhaustive, the user agrees not to collect data for advertising purposes, not to send any online advertising and not to transmit, disseminate or make available to third parties through the services that may be provided by LADRAN GAUCHO LS, information, messages, graphics, sound or image files, photographs, recordings, software and in general any kind of material, data or content that, without limitation:
- Incur in activities that are illicit, illegal or contrary to good faith and public order.
- In any way contravene, undermine or infringe upon the fundamental rights and public liberties recognized in the Constitution or in international treaties and in the rest of the legal system.
- Induce, incite or promote criminal, denigratory, defamatory or violent actions.
- Induce, incite or promote discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs or age.
- Incorporate criminal, violent or degrading messages.
- Induce or incite to engage in practices that are dangerous, risky or harmful to health and psychological balance.
- Are false, ambiguous, inaccurate, exaggerated or untimely, in such a way as to mislead as to their purpose or as to the intentions or purposes of the communicator.
- Are protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained from their owners the necessary authorization to carry out the use that he/she makes or intends to make.
- Violate the business secrets of others.
- Are contrary to the right to honor, to personal and family intimacy or to one’s own image.
- Infringe the regulations on secrecy of communications.
- Cause, due to their characteristics (such as format, length, etc.), difficulties in the normal operation of the services.
4. Communications license
4.1. In the event that the user sends information of any kind to LADRAN GAUCHO through the Website, through the channels provided for this purpose on the Page itself, the user declares, guarantees and agrees that he/she has the right to do so freely, that such information does not infringe any intellectual property right, trademark, patent, trade secret, or any other third party right, that such information is not confidential and that such information is not harmful to third parties.
4.2. The User acknowledges that he/she assumes responsibility and will hold LADRAN GAUCHO harmless for any communication that he/she provides personally or on his/her behalf, such responsibility covering without restriction the accuracy, legality, originality and ownership of the same.
5. Responsabilities and guarantees
5.1. LADRAN GAUCHO cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website.
Consequently, LADRAN GAUCHO does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (ii) the absence of errors in said contents or products; (iii) the absence of viruses and/or other harmful components in the Website or in the server that supplies it; (iv) the invulnerability of the Website and/or the impregnability of the security measures adopted therein; (v) the lack of usefulness or performance of the contents and products of the Website; (vi) the damage or harm caused, to himself or to a third party, by any person who infringes the conditions, rules and instructions that LADRAN GAUCHO establishes in the Website or through the violation of the security systems of the same.
5.2 However, LADRAN GAUCHO declares that it has adopted all necessary measures, within its possibilities and the state of technology, to ensure the operation of the Website and to avoid the existence and transmission of viruses and other harmful components to users.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual and/or industrial property rights, he/she must immediately notify LADRAN GAUCHO so that it can proceed to the adoption of the appropriate measures.
6.1 Links to other websites
In case that from the Wesite, the user could find links to other Website by means of different buttons, links, banners, etc., these would be managed by third parties. LADRAN GAUCHO has no power or human or technical means to know, control or approve all information, content, products or services provided by other Websites to which links can be established from the Website.
Consequently, LADRAN GAUCHO cannot assume any type of responsibility for any aspect related to the Website to which a link may be established from the same, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
In this sense, if users have actual knowledge of the illegality of activities carried out through these third-party Website, they must immediately notify LADRAN GAUCHO in order to proceed to disable the access link to it.
The establishment of any type of link from the Website to another Website does not imply that there is any type of relationship, collaboration or dependence between LADRAN GAUCHO and the person in charge of the other Website.
6.2 Links on other Websites to the Website.
If any user, entity or Website wishes to establish any type of link to the Website, it must abide by the following stipulations:
- The link can only be directed to the Home Page of the Website, unless expressly authorized in writing by LADRAN GAUCHO.
- The link must be absolute and complete, that is to say, it must take the user, by means of a click, to the URL address of the Website itself and must completely cover the entire extension of the screen of the Home Page of the Website. Under no circumstances, unless expressly authorized by LADRAN GAUCHO in writing, the Website that makes the link may reproduce, in any way, the Website, include it as part of its Web or within one of its “frames” or create a “browser” on any of the pages of its Page or Website.
- In the Website that establishes the link will not be able to declare in any way that LADRAN GAUCHO has authorized such link, unless it has done so expressly and in writing. If the entity that makes the link from its page or Website to the Website owned by LADRAN GAUCHO correctly, would like to include in its Website the brand, name, trade name, label, logo, slogan or any other type of identifying element owned by LADRAN GAUCHO and/or the Website, it must have prior express written authorization.
- LADRAN GAUCHO does not authorize the establishment of a link to the Website from those Websites that contain materials, information or contents that are illicit, illegal, degrading, obscene, and in general, that contravene morality, public order or generally accepted social norms.
LADRAN GAUCHO has neither the power nor the human and technical means to know, control or approve all the information, contents, products or services provided by other Websites that have established links to the Website owned by LADRAN GAUCHO. In this sense, LADRAN GAUCHO does not assume any type of responsibility for any aspect related to the Website that establishes that link, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general.
7. Duration and modifications
8.3. The failure of LADRAN GAUCHO to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledged and agreed to in writing by LADRAN GAUCHO.
9. Consumer goods guarantees
In case of defective product, the seller must proceed to the replacement or termination of the contract, steps that will be free of charge for the consumer and user. The consumer and user must inform the seller of the lack of conformity within fifteen days of becoming aware of it. Previously, and since LADRAN GAUCHO is informed about the defective product, it will go through a quality control in which it is distinguished if the defect corresponds to the use of the article or a manufacturing defect.
These General Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.