Legal Notice
- Ownership
https://lustau.com/ and https://www.devlustau.es/ are internet domains owned by EMILIO LUSTAU S.A. with Tax ID No. A 11602786 with address at C/ Arcos nº 53, 11402 Jerez de la Frontera, Cádiz. It is registered in the Cadiz Commercial Registry; Volume 604, Folio 26, Page CA821 (hereinafter, the Owner).
Grupo Caballero is a business group originating in El Puerto de Santa María, which mainly undertakes wine and spirit production activities.
- General Conditions of Use
This Website is designed to be used only by persons who are of legal age to buy alcohol in the country in which they reside or in the country from which the Website is being accessed. If the user is legally a minor, he/she would be in breach of the applicable laws or regulations in their country of residence or in the country from which they are accessing. Therefore, he/she must leave the Website immediately.
By accessing the Website, the User declares to accept this Legal Notice and all of its conditions of use. In any case, this Legal Notice is mandatory and binding. Any person who does not accept its conditions must refrain from using the Website and/or the services promoted by the Owner through it. These conditions do not infer any partnership, mandate, franchise, or employment relationship between the Owner and the Users.
This Legal Notice regulates the use of this Website, which the Owner makes available to people who access it in order to provide them with information about its own products and services and/or those of third-party collaborators, and facilitate their access and contracting.
- Applicable rules
This Legal Notice is subject to the provisions of Organic Law 3/2018, on Personal Data Protection and guarantee of digital rights, 5 December 2018 (LOPDGDD [Spanish Organic Data Protection Act), EU Regulation 2016/679 of the European Parliament and of the Council, 27 April 2016, on the protection of natural persons with regard to personal data processing and the free circulation of this data and by which Directive 95/46/CE (General Data Protection Regulation) is repealed, as well as Guidelines 5/2020 on consent under Regulation (EU) 2016/679, Law 34/2002, 11 July, on Information Society and Electronic Commerce Services, Royal Decree-Law 13/2012, 30 March, which transposes directives on domestic electricity and gas markets and in the field of electronic communications, and by which measures are adopted to correct deviations due to imbalances between costs and revenues in the electricity and gas sectors, Regulation (EU) No. 524/2013 of the European Parliament and of the Council, 21 May 2013, on online dispute resolution for consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (online dispute resolution for consumer matters), Law 3/2014, 27 March, which modifies the revised text of the General Consumer and User Protection Act and other complementary laws, approved by Royal Legislative Decree 1/2007, 16 November, Law 44/2006, 29 December, on improving consumer and user protection, Directive 2011/83/EU of the European Parliament and of the Council, 25 October 2011, on consumer rights, Law 7/1998, 13 April, on General Contracting Conditions, 17 December 1999, which regulates telephone and electronic contracting with general conditions, Law 17/2009, 23 November, on free access to service activities and their exercise, Law 7/1996, 15 January, on the Retail Trade Regulation, Commission Delegated Regulation (EU) 2018/389 of 27 November 2017, supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council, 25 November 2015, on payment services in the internal market, which modifies Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) 1093/2010, and by which Directive 2007/64/CE is repealed, as well as any subsequent regulations that modify or develop them. And specifically, Law 5/2018, 3 May, on the Prevention of Alcoholic Beverage Consumption in childhood and adolescence and Law 25/1970, Viticulture, Wine and Spirits Statute.
Access to the Website owned by the Owner as well as the use that may be made of the information and content included therein is the sole responsibility of the person who does so. The conditions of access to the Website are subject to current legislation and the principles of good faith and lawful use by the User. Any type of action to the detriment of the Owner is generally prohibited. The use of the Website for illegal or unauthorised purposes is strictly prohibited.
- Changes to the conditions of use
The Owner reserves the right to change, at any time, the presentation and configuration of the Website, as well as this Legal Notice. The Owner therefore recommends that the User read them carefully on each access to the Website. The Legal Notice will always appear in a visible place, freely accessible for any queries may wish to make.
- Service description
https://lustau.com/ and https://www.devlustau.es/ are the Owner’s Websites and serve as a tool for information about and purchase of the products offered.
- Registration
Registration is required in order to make product purchases. By registering as a User, you confirm that you are a person of legal age, with the capacity to enter into an agreement or have the express authorisation of your legal guardian and that (hereinafter also referred to as the “Registered User”) you accept all the conditions of this Legal Notice. The User, once registered, may purchase products and is subject to the specific terms and conditions.
The user identifier is your email address and a password. The password must be at least 12 characters long. It is recommended to use a strong password that contains a greater number of characters, does not use common words or names and combines uppercase, lowercase, numbers and symbols.
The use of your identifier and password are personal and non-transferable. Their transfer, even temporary, to third parties is prohibited. In this sense, the User undertakes to diligently use and keep them secret, assuming all responsibility for the consequences of their disclosure to third parties. If a user knows or suspects the use of their password by third parties, the Owner must be notified immediately.
The Owner may interrupt the service to any User who makes use of the content or services on this Website in an unethical, offensive, illegal or incorrect and/or contrary manner to the Owner’s interests. It also reserves the right to reject any application for registration or cancel a previously accepted registration, without being obliged to communicate or state the reasons for its decision and without generating any right to indemnification or compensation.
- Termination
The Owner reserves the right to interrupt or cancel the Website or any of the services in it, at any time and without prior notice, for technical reasons or of any other nature and may unilaterally modify the access conditions or all or part of the content in it, without prejudice to the rights acquired at that time.
- Responsibilities
The links contained in the Website may lead to third party websites. The Owner does not assume any responsibility for the content, information or services that may appear on these sites, which are exclusively informative and in no case imply any relationship between the Owner and the persons or entities that own such content or owners of the sites wherever they are.
The Owner is not liable under any circumstances for any type of damage that Users may cause to this Website, or to any other, due to the illegal or improper use of it or of the content and information accessible or provided through it.
The Owner is not liable for infringements made by users of its website that affect third parties.
The Owner does not guarantee the reliability, availability or continuity of its Website or the Services. The User may use it at their own risk and expense and at no time shall the Owner be held liable for such interruptions.
The Owner is not liable if there are interruptions to services, delays, malfunction or, in general, other inconveniences that have their origin in causes beyond the Owner’s control and/or due to a malicious act or fault of the User and/or caused by unforeseeable circumstances or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, all events that occur outside the Owner’s control are understood to be included in the concept of force majeure, in addition to and for the purposes of this Legal Notice, such as: third party, operator or service company failure, government acts, lack of access to third-party networks, acts or omissions of public authorities, others arising as a consequence of natural phenomena, supply cuts, etc. and attacks by hackers or third parties specialised in computer system security or integrity, provided that the Owner has adopted reasonable and current security measures. In any case, whatever the cause, the Owner does not assume any responsibility for direct or indirect damages, consequential damages and/or lost profit.
The Owner will make every endeavour to update and change that information hosted on its Website that does not comply with the minimum veracity guarantees. However, it informs that there may be any type of unintentional error and the User is free to contrast the content.
The Owner may not be considered responsible for the use of this Website by outside persons or references that may exist on external sites.
Please also be advised that the Owner provides a virtual space for Users that enables them to purchase various products, although it is not the manufacturer of these products, so their warranty is referred to only as a seller and distributor and the manufacturers have the ultimate responsibility for the quality and content of each product. The Owner will ensure at all times that the products offered are of the highest quality and offers returns or exchanges if a product does not satisfy the User for any adequate reason.
Each buyer is responsible for reading and following the rules of use of the products and is therefore liable for any damage that may be caused due to not respecting these rules. The Owner is not liable in any case for undue use of any of the products. The information contained in the products’ indications may not in any case be considered a guarantee nor subject of responsibility.
- Indemnity
Users will hold the Owner harmless for any claim or demand from third parties related to the activities promoted within the Website or due to breach of the Legal Notice or other policies that are understood to be part of this document, or due to infringement of any laws or third parties’ rights.
- Nullity and ineffectiveness of the Conditions
If any condition included in this Legal Notice or the Website’s other legal and informative text is declared, totally or partially, null or void, such nullity or ineffectiveness will affect only said provision or the part of it that is null or void and all other remaining conditions, considering such provision or part thereof that is affected as not implemented due to not being included.
- Notifications
All notifications, requirements, requests and other communications that must be made by the parties in relation to this Legal Notice or other legal and informative texts must be made in writing and they are understood to have been duly made when they have been delivered by hand or sent by ordinary post to the address of the other party or to the email of the latter, or to any other postal or email address that each party may indicate to the other for such purposes.
- Intellectual and industrial property
The intellectual property rights of this Website, its source code, design, navigation structures and the different elements contained therein are the exclusive property of the Owner, who is entitled to exercise the rights to exploit them in any manner and, specifically, the rights of reproduction, distribution, public communication and transformation, pursuant to the applicable Spanish and European Union legislation.
Total or partial reproduction of the content of this Website is totally prohibited without express written consent from the Owner, with the exception of the company that created it. Unauthorised use of the content by any other person or company will give rise to the legally established responsibilities.
The Owner markets the products with the registered trademarks and with the distinctive signs indicated by their suppliers. These are the legitimate owners of the registered trademarks and of the promotional material that may be made available for promoting the product and they grant the Owner the due authorisation for their use without considering in any case a transfer of their property. The supplier is the sole party liable for any litigation lodged by third parties in relation to the use of the trademark, exempting the Owner from any responsibility for intellectual property rights.
Any type of exploitation of the aforementioned works, creations and distinctive signs is prohibited, including reproduction, distribution, transfer to third parties, public communication and transformation, using any media, without prior and express authorisation from their respective owners. Failure to comply with this prohibition may constitute an offense punishable by current legislation.
Unless expressly authorised by the Owner, it is prohibited to present this Website or the information contained therein within frames or brands, distinctive signs, trademarks or company or trading names of another person, company or entity, expressly including the photographic content that is considered the Owner’s exclusive property.
Infringement of any of the aforementioned rights may constitute an infringement of these conditions, as well as a crime punishable pursuant to articles 270 and following of the Penal Code.
The Owner is not responsible for the use that the User makes of the Services of the Website, as well as any material that he himself includes on this Website, which may infringe intellectual or industrial property rights or any other right of third parties.
- Jurisdiction
For any matters that may arise about the interpretation and application of and compliance with this Legal Notice, as well as claims that may arise from its use, all parties involved shall submit to the corresponding Judges and Courts according to their own jurisdiction.