1. Ownership of the Portal
MIGUEL TORRES, S.A. (hereinafter, Torres)
c/ Miquel Torres, 6
08720 Vilafranca del Penedés
Tax Identification Number (CIF):
Registration in the Mercantile Register:
Registered in the Mercantile Register of
2. Terms and conditions of use of the Website
and their acceptance
These general terms and conditions for using of
the Website, with any specific conditions they may establish, are intended to
regulate the use of the Website.
Navigation in and use of the website imply the
user’s acceptance, without reservations of any kind, of all general terms and
conditions of use, general conditions of contract, if any, and any others that
may exist in relation to the supply of TORRES products.
TORRES may, at any time and without notice, modify these general
terms and conditions. These modifications will be included by publishing them
on the Website to inform users in advance. Any modifications occurring in the
terms and conditions will be communicated on the Website home page for a period
considered to be reasonable.
3. Personal data protection:
3.1. Information and purpose:
In compliance with the provisions of Act 15/1999
of 13 December on the protection of personal data and Organic Law 1/1982, of 5
May, on Civil Protection of the right to honour, personal privacy and
reputation, you consent to the data and the image supplied by you being
incorporated into a file owned by Miguel Torres SA and transmitted to the
Registry of the Spanish Data Protection Agency. The purpose of the file is be
to facilitate and enable accounting, administrative and billing management
customer loyalty processes and fulfilment of tax obligations, marketing
promotion and advertising, and in strict compliance with the Data Protection
Act and its implementing regulations, having taken all necessary security
measures required by RD 1720 / 2007 to ensure the confidentiality and security
of the data provided.
You have, in any case, the right to access,
rectify, delete and contest to the processing of your data, which you can
exercise by writing to MIGUEL TORRES, SA C / Miquel Torres 6 08720
Vilafranca del Penedès (Barcelona) indicating the reference "Data
Protection" or email: firstname.lastname@example.org
3.2. User consent and the sending of commercial
communications by electronic means (Article 22 of Act 34/2002 on the
information society and electronic commerce):
TORRES may send commercial communications by any means within the
provisions of current legislation on data protection.
For commercial communications through email and
equivalents, pursuant to the provisions of Act 34/2002, of July 11, services of
the information society and electronic commerce, user consent shall be duly
requested at the time of collecting the data.
Should you wish, at any time to revoke such
consent to receive via e-mail advertising or promotional information, notifying
TORRES by sending a message to the email address indicated below will be
sufficient for such purposes: email@example.com clearly stating YOU DO NOT
WANT TO RECEIVE COMMERCIAL COMMUNICATIONS VIA EMAIL.
3.3. Security measures: TORRES declares to have
adopted all the security measures necessary and appropriate according to the
provisions of Royal Decree 1720/2007 of 21 December, approving the Regulation
implementing Act 15/1999, of December 13th on protection of personal data and
has established all technical means at their disposal in an attempt to avoid
the loss, misuse, alteration, unauthorized access, or theft of data you provide
to TORRES without prejudice to the provisions of the “Liability of TORRES”
3.4. Data Transfer
TORRES will not disclose data to third parties except to other
companies in the TORRES group and for the purposes indicated in each
case on the forms and corresponding clauses.
4. Industrial and Intellectual Property
Rights and Link policy
4.1. All content included on the Website and in particular, and
by way of example but not limited to, office documents, trademarks, trade
names, industrial designs, designs, texts, photographs, graphics, logos, icons,
software or any other articles of industrial and commercial use are
protected by TORRES’ industrial and intellectual property rights, or
those of third parties who have authorized their inclusion in the Website. The use of downloadable material contained in this Website by the
user must always respect the good image of the brand, and never violate or the
intellectual or industrial property rights that protect it.
4.2. Before the user may employ downloadable material he or she
must obtain TORRES’ express written authorization.
If the user employs downloadable material
without the authorization of TORRES as set out above, TORRES
shall be entitled to remove the downloaded material without user’s right to
claim indemnity, compensation and/or any pecuniary amount from TORRES.
4.3. TORRES will not be liable for infringement of the intellectual
property rights of third parties that may result from the inclusion in the
Website of trademarks, trade names, designs, patents, texts, photographs,
graphics, logos, icons or software belonging to third parties who have declared
they are holders of them when including them in the Website. TORRES is
not responsible for the opinions and comments made by users on their blogs or
social networks without prejudice to any action that may be taken to delete
these opinions and comments when they are contrary to law.
4.3. Under no circumstances shall it be deemed that the user’s
access and navigation grants any licence, nor any waiver, transfer, total or
partial assignment of the said rights nor any other right or expectation of
rights and especially any alteration, exploitation, reproduction, distribution
or public communication of the said contents without the prior express
authorisation of TORRES or the relevant holders.
The user will only be allowed to use the
downloadable material ON THE Website in order to promote and advertise TORRES’
products within the scope of their activity.
Once the relationship between the parties has been terminated, the
user will no longer be allowed to use TORRES’ images.
5. TORRES’ LIABILITIES
The user acknowledges and agrees that use of the
website and its services it is at their own risk.
In those sections of the Website where users can
contribute content, TORRES reserves the right to delete those that may
negatively affect its brands or be contrary to law, public order or morality.
TORRES shall only be liable for damages the user may suffer as a
result of the use of this Website when said damages may be attributable to any
wrongful act on the part of TORRES.
Nevertheless, TORRES declares that it has
taken all necessary measures, within its capabilities and the state of the art
to ensure the Website's operation and avoid the existence and transmission of
viruses and other components harmful to Users.
6. User's obligations
The user agrees to use the
contents of the Website diligently, correctly and lawfully and undertakes to
Using the contents for
purposes contrary to law, morals and good customs or public order.
Copying, allowing public
access through any form of public communication, transforming or modifying the
contents, unless the user has obtained proper authorization from the owner.
transforming and/or amending non-downloadable content, unless they have
obtained the authorization of the owner.
transforming and/or amending downloadable content, unless they have obtained
the authorization of the owner.
Using the links, invitations
to social networks, blogs and any networks and electronic tools provided
through the Website for illicit purposes.
7. Deletion from the Extranet.
7.2. TORRES is entitled to de-register Website users who do not fulfil
the conditions laid down in this legal notice.
7.3. Should TORRES end the business relationship with the
user and/or the natural or legal person representing the user, TORRES
shall automatically de-register the user from the Website.
7.3. If the user de-registers from the Website for any reason, TORRES
shall retain the user’s data for a period of five (5) years. After that period,
the data will be destroyed.
8. Applicable Legislation
The relationships established between the user
and the owner of the Portal is governed by the provisions of existing
regulations concerning the applicable legislation and competent jurisdiction.
However, for cases in which the law allows the parties to voluntarily submit to
a jurisdiction, TORRES and the user, expressly waiving any other
jurisdiction that may apply, submit to the courts of Barcelona.
In all cases the rules of the Spanish legal