LEGAL NOTICE

The terms and conditions indicated below (the “General Conditions”) regulate the access and use of each and every one of the web pages available under the domain www.delaviudacg.com, and their respective subdomains and subdirectories (the “Website”), owned by Delaviuda Confectionery Group, S.L.U. (hereinafter, Delaviuda CG), a commercial company with registered office in Madrid, established for an indefinite period by virtue of a public deed and registered in the commercial register of the province of Madrid, Volume To-34,399, Section 8, Page 16, Sheet M-618764, and with CIF B87484457.

The access to the Website and the use of its contents and services implies the full and unreserved adhesion to the General Conditions that are exposed in the published version at the time the user accesses it.

The latest version of the General Conditions may be checked whenever you wish at the electronic address https://www.delaviudacg.com/en/legal-notice. If the user decides not to accept the current Conditions, they must refrain from accessing the Website and/or using the contents and/or services available therein.

 

TERMS OF SERVICE SUBJECT TO CONDITIONS

 It is the object of these Conditions to regulate the access and use of the Website. For the purpose of these General Conditions the Website will be understood as:

– The appearance (or ‘look and feel’) of the screen interfaces, both statically and dynamically (i.e. the navigation tree).

The elements integrated both in the screen interfaces and in the navigation tree, including, but not limited to, those texts, images, sounds, databases, multimedia products, interpretations, artistic executions, fixations, photographs, signs of broadcasting, and in general, all those creations and objects expressed by any means or support, currently known or which might be invented in the future, whether they are or are not object of protection by the current legal order in the matter of intellectual or industrial property or any other analogous legal system (the “Contents”) and all those online services or resources offered to the users (the “Services”).

Delaviuda CG reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website and the Contents and Services that may be included on it. The user acknowledges and agrees that Delaviuda CG may interrupt, disable and/or terminate, at any time, any of the contents and/or services in the Website.

 

PARTICULAR CONDITIONS

 Access and use of certain Content and/or Services may be subject to certain specific conditions, legal notices, guidelines and regulations for use that, previously made known to the user, and as the case may be, will replace, complete and/or modify this General Conditions (hereinafter, the “Particular Conditions”). The access and use of said Contents and/or Services will imply, therefore, the full adherence to the particular conditions that regulate them in the version published at the time the user accesses them, incorporating said Particular Conditions automatically into the present General Conditions.

In case of contradiction between the terms and conditions stated in the General Conditions and the Particular Conditions, always and in any case, the terms agreed in this last instrument will take precedence over those incompatible terms and only with respect to those Contents and/or Services submitted to said specific regulation.

 

ACCESS TO CONTENTS AND SERVICES

 For access to the Website the user must: have access to the Network, either directly or indirectly through the access devices; pay the corresponding access and connection fees and have the equipment and computer systems necessary to connect to the network, including a terminal that is suitable for this purpose (computer, telephone, etc.) and a modem or other similar access device.

For the correct access, visualization and implementation of certain Contents and Services of the Website, the user may need to download certain computer programs or other logical elements to their computer equipment. This installation will be borne by the user, Delaviuda CG declines any type of responsibility that may arise from this.

The user undertakes not to access the Contents and/or Services of the Website by any means other than the screen interface provided by Delaviuda CG to access them.

 

REGISTER

 Delaviuda CG may require the submission of a registration form for access to certain Content and/or Services. The user, in such case, must provide the requested information.

In connection with the registration process, as a user you are obliged to: facilitate true, accurate and complete information about your identity and update registration data so that it remains true, accurate and complete.

As a user you cannot select as a username or password words and/or expressions that, in general, are contrary to law or the requirements of morality and generally accepted good customs and, in general, words and/or expressions on which there is any right to exclude their use by the user. That is, the user cannot select words or phrases that are offensive, slanderous, libelous, identical, similar or match in any way logos, company names and names, stage names and/or pseudonyms of third parties. If the user facilitates any false, inaccurate or incomplete data, or if Delaviuda CG has reasonable grounds to suspect that such information is false, inaccurate or incomplete, or information would be contrary to law or the requirements of morality and decency generally accepted in accordance with the provisions of the preceding paragraph, Delaviuda CG will be entitled to cancel the registration and deny access and the use, present or future, of this Website or any of the Contents and/or Services incorporated therein.

The user undertakes to make diligent use of their username and password, as well as to keep both secret. It will be your sole responsibility to maintain the confidentiality of your username and password, personally assuming responsibility for any activities that occur or take place using them.

The user can cancel and deactivate their registration at any time using their username and password. The user acknowledges and agrees that Delaviuda CG reserves the right to cancel any registrations inactive for a period of time not deemed reasonable.

 

USAGE RULES OF THE SITE

The user undertakes to use the Website and the Contents and/or Services incorporated therein in a diligent and correct manner. Likewise, the user undertakes not to use the Website: to carry out activities contrary to the law, morality, accepted good customs or established public order and for purposes or effects that are illicit, prohibited or harmful to rights and interests of third parties, rejecting CG Delaviuda any liability which might result.

The user acknowledges and accepts that the use of the Website and the Contents and/or Services thereof will be carried out for strictly personal and private purposes. It is expressly forbidden for the user to authorize third parties the total or partial use of the Website or that they enter and/or incorporate as, or in, an own business activity the Contents and/or Services incorporated therein. The use or application of any technical, logical or technological resources by virtue of which users may benefit, directly or indirectly, with or without profit, from unauthorized exploitation of the Content and/or Services or the Website is expressly prohibited.

The user undertakes not to damage, disable or deteriorate the computing equipment and systems or telecommunications equipment of Delaviuda CG or any third party, or the contents incorporated and/or stored therein.

The user undertakes to abstain from using the Content and Services in any way that may damage, disable, overload or damage the Website or prevent normal use or enjoyment thereof by other users.

The user agrees not to modify the equipment and systems of Delaviuda CG in any way, or to use versions of equipment and systems modified in order to obtain unauthorized access to any Service and/or Website Content.

The user undertakes not to interfere or interrupt the access and use of the Website, servers or networks connected to it, or breach the requirements, procedures and regulations of the network connection policy.

 

CONTENTS AND SERVICES OF THE WEBSITE

Corporate Information

The user knows and accepts that any data relating to Delaviuda CG or the Group companies of an economic – financial – strategic nature (hereinafter, “Corporate Information”) is collected for informational purposes only.

The Corporate Information has been obtained from reliable sources but, despite having taken reasonable measures to ensure that such Information is not erroneous or misleading, Delaviuda CG does not represent or guarantee that it is accurate, complete or updated, and should not be relied upon as if it were.

Information provided by third parties

The Website may include information or content provided by sources other than Delaviuda CG, including the users of the Website. Delaviuda CG does not guarantee, nor assumes any responsibility for the certainty, integrity, accuracy of such information and/or contents, including those cases in which there are defamatory, offensive or illicit elements.

In any case, and without prejudice to the foregoing, the referral by third parties of information and/or content to the public access sections of this Website through email or any other means, will imply the granting in favor of Delaviuda CG of a non-exclusive license, unlimited in time, worldwide and free to reproduce, store, edit, modify, publish, incorporate into databases, publicly communicate, transmit, visualize, distribute, represent, or in any other way commercially exploit, in whole or in part, such information or content owned by the user on the Website in any form or through any means or technology. Delaviuda CG reserves the right, in its sole discretion, to edit, reject or delete the information and/or contents referred to above.

The user acknowledges and accepts that Delaviuda CG may keep and disclose the information that they store or make available to third parties on the Website, provided that it is: required by the authorities and competent bodies; necessary to enforce the General Conditions and/or Particular Conditions; convenient or necessary to answer claims relating to violations or infringements of rights; or convenient or necessary to protect the legitimate interests of Delaviuda CG, its users and the general public.

 

CONTENTS AND SERVICES OTHER THAN THE WEBSITE

The Website of Delaviuda CG can make available to users technical linking devices, directories and search engines that allow them to access web pages belonging to and/or managed by third parties.

The sole purpose of installing these links, directories and search engines on the Website is to enable users to search and access information, content and services available on the Internet.

Establishing this link does not necessarily imply the existence of relations between Delaviuda CG and the owner of the Website on which it is established, nor the acceptance and approval by Delaviuda CG of its Contents or Services.

Unless expressly stated otherwise, Delaviuda CG does not offer or market on its own or through third parties the information, content and/or services available on the linked pages, nor does it previously control, approve or monitor them, nor does it make them their own. The user, therefore, should exercise caution when evaluating and using information, content and services found on linked sites.

As Delaviuda CG has no control over the linked pages through the links that are incorporated in the Website, the user acknowledges and accepts that Delaviuda CG does not accept any liability for the content or for the services the user may access in these pages or for any products marketed in them.

 

GUARANTEES AND RESPONSIBILITY

Unless law expressly determines otherwise, or an indication states otherwise, the user acknowledges and accepts that Delaviuda CG does not provide any guarantee, either expressed or implied on the Website, or the contents and Services that are incorporated, including, by way of example and not limited to: the availability and continuity of the operation of the Website and, in particular, although not in an exclusive way, that users can effectively use the Website, the Content and services, access the different web pages that make up the Website or those from which the services are provided; the levels of quality, interoperability and functionality of the Website, as well as of the services and/or contents incorporated; interruption, suspension or termination of access to the Website and the contents and/or services it includes; adequacy for a particular purpose of the Website and of the Services or Contents included therein.

The certainty, integrity, accuracy and/or updating of the Contents, Services, products, texts, graphics, links or any other elements in the Website, as well as the results that may be obtained from accessing and/or using this website or its contents.

Delaviuda CG expressly declines any responsibility for error or omission in the information contained in the pages of this Website, as well as for the lack of veracity, accuracy, exhaustiveness, pertinence and/or actuality of the Contents.

Unauthorized access and/or alteration of data stored and transmitted through the Website or the services it offers.

The absence of viruses or other elements in the contents that may produce alterations on their computer system (software and hardware) or on the electronic documents and files stored in their computer system.

The user is aware of, and voluntarily accepts that the use of this Website, Services and Contents is in any case their responsibility, and shall take all steps necessary for the purposes of minimizing risks, including the adoption of security measures necessary to guarantee antivirus procedures and data recovery. Therefore, unless the law expressly imposes the opposite and exclusively with the measure and extent in which it is imposed, Delaviuda CG does not guarantee or assume any liability with respect to the access and use of the Website or of the Contents and/or Services contained therein.

 

FORCE MAJEURE

Notwithstanding the foregoing, Delaviuda CG will not be liable for any delays or failures that may occur in the access, operation and performance of the Website, its Contents and/or Services, as well as interruptions, suspensions or malfunctioning of the Website, when they have their origin in faults produced by natural catastrophes such as earthquakes, floods, lightning or fire, situations of force majeure, situations of extreme urgency such as wars, military operations, civil unrest, strikes, lockouts or any other situation of force majeure or fortuitous cause.

 

PERSONAL DATA

To use or have access to certain Services and/or Content, Delaviuda CG may require users to fill out certain registration forms that necessarily involve the provision of certain personal data. Delaviuda CG will treat said data in accordance with the purposes and under the conditions detailed for each case.

By completing and submitting any form in the Website, the user consents and expressly authorizes Delaviuda CG to collect, automatically process or assign, as the case may be, the personal data requested in accordance with the purposes and under the conditions detailed for each case.

Delaviuda CG has adopted and will adopt all technical and organizational security measures that are obligated in accordance with the provisions of current legislation and quality standards in the sector, in order to ensure maximum security and confidentiality of communications. Delaviuda CG guarantees that there are controls to prevent the opening of security breaches or other negative consequences and adopts the most appropriate organizational measures and technical procedures in order to minimize these risks. Notwithstanding the foregoing, the user acknowledges and accepts that security measures on the Internet are not impregnable. The networks used on the Internet are not secure and any communication sent by this means can be intercepted or modified by unauthorized persons. Notwithstanding the foregoing, Delaviuda CG warns that the current state of the art does not guarantee the non-violation of security systems or the inviolability of communications when these are transported through any telecommunication networks. Therefore, Delaviuda CG cannot guarantee the full privacy and security of the use of the Website and of the Contents and/or Services and, in particular, that unauthorized third parties will not have knowledge of the class, conditions, characteristics and circumstances of the use that users make of the Website and of the Contents and/or Services.

 

INFORMATION REGARDING COOKIES

The Website may use cookies, small text files with information about your browsing on this site, whose main objective is to improve the user’s experience on the web. You can find more information about the cookies, their purpose and other information of interest in the following link: https://www.delaviudacg.com/en/cookie policy

By continuing the mere navigation and/or use of the functionalities of the Website, the user accepts – depending on the configuration they have selected on the privacy options provided by their browser – the installation of the cookies used on this Website which are described on the page above.

 

RIGHTS OF INTELLECTUAL AND INDUSTRIAL PROPERTY, AND OTHER RIGHTS

Applicable Law. This Website, as well as the Contents, Services and elements in it, are owned or are under the control of Delaviuda CG, being protected, without limitation, by Spanish laws of intellectual and industrial property and the international treaties and agreements that may be applicable.

Property of www.delaviudacg.com: Delaviuda CG is the exclusive owner of all the rights of intellectual, industrial and similar property that may apply to the Website. Likewise, Delaviuda CG or any of the companies that make up the Delaviuda CG group of companies shall reserve all rights over any Contents, Services or elements of their property that will be incorporated into the Website, including, in a merely enumerative and non-limiting way: those elements that make up the visual appearance, graphic image and other sensory stimuli of the web pages that make up the Website; the navigation architecture; the source codes of the web pages; photographs, recordings, computer programs, databases, technology, logos and distinctive signs. All this, as a whole, will be referred to hereinafter as the “Property”.

Ownership of Third Parties

The user acknowledges and accepts that, from the Website, one can access Content and Services owned by third parties whose rights are protected by the applicable legislation on intellectual and industrial property, exploitation rights of commercial and advertising value of the image and other analogue rights.

Rights reserved

The user undertakes not to remove, delete, alter, manipulate or in any way modify:

All those notes, legends, notices or symbols that Delaviuda CG or the rightful owners of the rights attach to their assets about intellectual or industrial property (such as, for example, ©, ®, ™, etc).

The technical protection or identification devices that the Contents may contain (such as watermarks, fingerprints, etc.).

 

LICENSES ON THE PROPERTY

The user acknowledges that under these General Conditions, Delaviuda CG does not assign or transfer to the user any right over its Property, or over any property of third parties.

Delaviuda CG only authorizes the user to access and use them in accordance with the terms indicated in these Conditions.

Delaviuda CG authorizes users to access and navigate the Website, using the Services and viewing the Contents that are incorporated therein.

Users are not authorized to copy, distribute (including emails and Internet), transmit, communicate, modify, alter, transform, assign or, in any other way undertake activities that involve the commercial use of the Website, its pages, Contents or elements that integrate it, either partially or totally, without the express consent, granted in writing, of the legitimate owner of the exploitation rights. The user may download a single copy of the Contents if Delaviuda CG expressly authorizes it in writing. In any case, the license of use recognized in this section may not be, in any case, assigned or transferred to third parties.

The access, visualization and, where appropriate, download of the Content and/or Services will always be done for strictly personal and non-commercial purposes.

Delaviuda CG reserves all rights on the Property including, but not limited to, all the intellectual and industrial property rights it holds over them. Delaviuda CG does not grant any other license or authorization of use to the user on its Property other than that expressly detailed in this clause.

 

LINKS LICENSE

Users and, in general, those people who intend to establish a link between their website and the Website must meet the following conditions that are detailed below. Any other claim for a link other than that stipulated in this clause will require the prior written consent of Delaviuda CG.

The user may not reproduce or imitate, totally or partially, the content of the Website, or the graphic appearance thereof, (“look and feel”), nor make frames (“frames”) or assembled links (“link inline”) of the pages of www.delaviudacg.com.

No browser, framework, or environment or navigation bar shall be created on the pages of the Website.

No false, inaccurate, incorrect or denigrating statements or indications will be made about the Website, Delaviuda CG or any of the Delaviuda CG Properties and, in particular, it will not be declared or implied that Delaviuda CG collaborates or is a collaborating partner and/or has supervised or assumed in any way the contents or services offered or made available to the web page in which the link is established.

The web page in which the link is established will not contain any trademark, trade name, establishment label, denomination, logo, slogan or other distinctive signs belonging to Delaviuda CG, except for those signs that are part of the same link or those other Properties that have been previously licensed in writing by Delaviuda CG.

The web page on which the hyperlink is established shall not contain illegal information or content that is contrary to law, morality, or generally accepted good behavior and public order, nor shall it contain contents that infringe upon any rights of third parties.

 

TERMINATION OF LICENSES

Delaviuda CG reserves the right to terminate or modify at any time and for any reason, the licenses granted under these General Conditions. Notwithstanding the foregoing, Delaviuda CG may take legal action against any use by the user which: is not in accordance with the terms and conditions specified herein; infringes or violates the intellectual and industrial property or similar rights of Delaviuda CG or any other legitimate third owner; or infringes any regulations that might apply.

The user will be obligated to modify or eliminate immediately from their website any Property of Delaviuda CG, or eliminate any link to the Website, when so required by Delaviuda CG.

 

VALIDITY OF THE GENERAL CONDITIONS AND THEIR AMENDMENT

The legal relationship derived from the access and use of the Website, as well as the Contents and Services incorporated therein, has an indefinite duration. Likewise, any of the parties may terminate or suspend the present contractual relationship unilaterally at any time and without further cause than their will in this regard.

Notwithstanding the foregoing, said relationship shall be terminated immediately when Delaviuda CG publishes new General Conditions. The access and use of the Website will imply the full adhesion and acceptance of the new conditions and, consequently, the beginning of a new legal relationship.

Delaviuda CG reserves the right to modify, at any time, and without prior notice, these General Conditions.

 

TRANSFER TO THIRD PARTIES

The user may not assign, transfer, encumber or subrogate in favor of third parties the rights and obligations established in these General Conditions and, where applicable, in the Particular Conditions.

Delaviuda CG may assign, transfer, encumber or subrogate in favor of third parties, totally or partially, the rights and obligations assumed by virtue of the contractual relationship set forth herein, as well as the contractual position to any third party, understanding by means of this clause that the user grants sufficient authorization for this purpose.

 

APPLICABLE LAW AND JURISDICTION

The Website is operated and controlled by Delaviuda CG from its offices in Spain. Consequently, all issues that may arise from access and/or use thereof shall be understood to be regulated and interpreted in accordance with Spanish law.

In the event that the user is domiciled outside of Spain, Delaviuda CG and the user submit, expressly waiving any other jurisdiction, to the Courts and Tribunals competent in Spain.

 

NOTIFICATIONS

Unless otherwise indicated, all notifications, requirements, agreements, consents, acceptances, approvals or communications that were required in accordance with the provisions of these General Conditions or that, in one way or another, were related to it, should be written and sent to Delaviuda CG by mail to the registered office of the company, for the attention of the Legal Department.

 

MORE INFORMATION

Please, for any additional information, suggestion or proposal please contact comunicaciones@delaviuda.com.