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Terms and Conditions

Pursuant to the provisions of Law 34/2002 on Information Society Services and E-Commerce, Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, relating to the protection of individuals with regard to the processing of personal data and the free movement of these data, and in LOPD 3/2018, we hereby state that Diego Zamora, S.A., is the owner of the website.

The following terms and conditions (from now on, Terms and Conditions) rule the use and access of the web page www.yellowrosedistilling.com, (from now on, the website / site) that DZ Licores, SLU (from now on DZ L) (Spanish company, established in Polígono Industrial Los Camachos, C/Silicio, 10, 30369 – Cartagena, Murcia C.I.F. number B30860142 and makes available to the users (from now on, the user).

The site www.yellowrosedistilling.com is managed by DZ Licores, SLU established in Polígono Industrial “Los Camachos”, C/ Silicio, 10, 30369 – Cartagena – Murcia. DZ LICORES, SLU, with CIF B30860142, is registered in the Commercial Register of Murcia, in the Book of Companies, Volume: 2847, Folio 185, Sheet: MU78477-1ª.

If you want to contact us you can do so either by post at the address above or via the contact form on the website.

Each time your use of the Website makes it necessary for you to provide us with, or for us to access any type of information that by its nature allows us to identify you, such as your first and last name, e-mail, billing or shipping addresses, phone number, device type or debit or credit card number, (hereinafter, “Personal Data”), whether it’s to navigate the site, purchase our products or use the site’s services or functionality, this will take place in compliance with this Privacy Policy, together with the Website Terms of Use, and other current documents referenced in the same, and you will need to review these texts to check that you agree with them.

This Privacy Policy and our Terms of Use may be amended. It is your responsibility to read them regularly, as those in force at the time of Website use will apply.

In the field of remote selling, it is mandatory to provide certain personal information, as this information is needed to both process and deliver your orders and prepare your invoices. Such personal information is strictly confidential. Failure to provide such personal information would imply not executing the purchase of the order.

THE USER will answer for any damages that DIEGO ZAMORA, its subsidiaries, branches, parent companies or partners may suffer, directly or indirectly, as a result of a breach of any of the obligations arising out of these TERMS AND CONDITIONS or any other legal obligations that apply, and shall keep DIEGO ZAMORA harmless from any sanctions, claim or demand that could be brought by a third party, including public bodies, against DIEGO ZAMORA (DZ), its subsidiaries, branches, parent companies, partners or agents as a result of a breach of any third party rights by said user through use of THE SITE or the services and materials linked to it in a manner contrary to these TERMS AND CONDITIONS or applicable law.

DZ reserves the right to exclusively defend against and control any such claim and THE USER undertakes to cooperate wholly with DZ in such defence.

DZ shall have no obligation to monitor the Service or use made by the uses, or to retain the contents of any USER session. However, it can restrict, suspend or prevent access to THE SITE and services in the content, including interactive services, if it believes that THE USER has violated these TERMS AND CONDITIONS or violated applicable law, without prejudice to exercising the actions that apply to it.

In the event of any breach by THE USER of these TERMS AND CONDITIONS or applicable law, DZ may, without the need for any form of indemnity, remove illegal content from its website, being able to act at its own discretion or at the request of an affected third party, in accordance with applicable law. DZ assumes no obligation to maintain the confidentiality, secrecy or ownership of any information or material received from THE USER.

Any suggestion, idea, creative concept, graph or other information received on this website will be the exclusive and indefinite property of DZ and shall be deemed as assigned free of charge. THE USER therefore agrees to its use and publication by DZ for any purpose that it deems appropriate, without the latter assuming any liability for any loss or damage suffered by THE USER as a result of such use or publication, without prejudice to the rights that THE USER may have under the GDPR or analogous rules, to the extent that such rights may be excluded.

LAWS AND REGULATIONS

This website is subject to the provisions of:

Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, which relates to the protection of individuals’ personal data and the way it is used and circulated (GDPR).
Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce.

DZ Licores, SLU and all other companies in the Diego Zamora Group are also governed by the Code of Conduct of the association for Self-Regulation of Communication, available at http://www.aap.es, and to Confianza Online. If you disagree with these codes of conduct or these Terms and Conditions as follows, please do not use this website.

ACCEPTANCE AND OBSERVANCE OF THESE CONDITIONS AND REQUIREMENTS FOR ACCESS

DZ L reserves the right to periodically change, upon its discretion and without warning, the present Terms and Conditions, which will be effective upon publication. The use of this website implies full and unreserved acceptance by the user of the Terms and Conditions, which are effective each time the user accesses the site, including our Privacy Policy.

BY ACCESSING, VIEWING OR USING THE MATERIALS OR SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE, THIS HIGHLIGHTS THAT YOU UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS AS THE LEGAL EQUIVALENT OF A SIGNED AND BINDING DOCUMENT IN WRITING.

This site is reserved exclusively for use by adults, as applicable law prohibits the advertising, sale, consumption and supply of alcohol to those under the age of 18. Nonetheless, DIEGO ZAMORA, S.A will not check the veracity of the data provided, nor will it be liable for any minor persons who access the website in violation of such access condition. Full responsibility for the determination of the specific content and services accessed by minors is borne by the adults who are responsible for such minors. To this effect, DIEGO ZAMORA, S.A recommends that parents, representatives or legal guardians supervise or take appropriate precautions during Internet browsing. The customs laws in some countries prohibit the importation of wine or alcoholic beverages. THE USER understands and agrees that these customs restrictions may change with relative frequency. Listed below are countries in which the ENTRY OF WINE OR ALCOHOLIC BEVERAGES IS NOT ALLOWED: Afghanistan, Saudi Arabia, Azerbaijan, Bahamas, Bahrain, Bangladesh, Bosnia, Cuba, Denmark, Dubai, Egypt, United Arab Emirates, Slovakia, Slovenia, Ethiopia, Finland, France and French Overseas Territories and Departments (French Guiana, Guadeloupe, Martinique, Réunion, Mayotte, St. Pierre and Miquelon, French Polynesia, New Caledonia, Antarctic and Southern Territories, Wallis and Futuna [sic] Islands), Hungary, India, Iraq, Iran, Iceland, Jordan, Kazakhstan, Kyrgyzstan, Kuwait, Libya, Malaysia, Norway, Oman, Pakistan, Poland, Qatar, Syria, Sudan, Sweden, Tajikistan, Thailand, Togo, Turkmenistan, Ubia [sic], Ukraine, Lithuania, Uzbekistan and Yemen. Access to this website is free of charge for THE USER.

WARRANTIES AND LIMITATION OF LIABILITY

DZ L does not guarantee the availability and continuity of the site, its content or services related here to, or the suitability, reliability, timeliness, reliability or accuracy for any purpose. Changes may be incorporated to the information periodically. In any case DZ L or its affiliates, subsidiaries, parent or associated companies will be liable for any damages, which are related to or arising from the use, access, or inability to use the content of this website, or caused by any malfunction, omission, interruption, delay in transmission, computer virus or line failure (including direct, incidental, consequential, indirect or punitive damages and any others that may arise even when they are not included in the above) regardless of whether such loss or damage, has origin in contract or tort, arising from our negligence, strict or any other liability and even if we are expressly advised of the possibility of such loss or damage. The user is responsible for the use of antivirus software to check any material downloaded from the web and ensure compatibility of such software with their equipment and also bear the full cost of services, repairs or corrections. The user is recommended to check the information on the site against other sources if he/she intends to take certain decisions or perform certain actions based on the information contained in the site. The user understands that the internet is not a completely secure medium and, therefore, DZ L cannot guarantee that any information or materials that the user submits, posts, or transmits through the site is free from unauthorised use or access. However, DZ L adopts measures to safeguard security of the site in accordance with criteria of reasonableness. DZ L is not responsible for the content sent, used and/or included in the services by any third party or of unauthorised access or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transaction made through this site. DZ L is solely responsible for the conduct and own content and therefore is not liable for information, statements, opinions or behaviors expressed by the user, even when they affect the rights of others. DZ L does not guarantee the technical availability, quality, reliability, accuracy or veracity of content and services available on sites owned or operated by third parties accessed through links or technical links from this website. DZ L does not control the content of such websites, nor offer or market the products and services available on the linked websites, nor accept any responsibility whatsoever, direct or indirect, for damages or costs incurred in connection with their use. Third parties may not include links to www.yellowrosedistilling.com and its pages without the prior written consent of DZ L. Such consent will be necessary to establish similar links such as hyperlinks or framings.

DUTIES AND RESPONSIBILITIES OF USERS AND USE OF INFORMATION RECEIVED

The user agrees to use this website and its services under the law and these Terms and Conditions, respecting generally accepted moral conduct, in particular but not limited, to:
Not disseminate content or propaganda of a racist, xenophobic, pornographic, discriminatory, or defamatory nature, or content or propaganda justifying terrorism or against human rights or which in any way encourages violence or spreads clearly illegal or harmful content;
Not interfere with the use or enjoyment of the services or contents by users, or with the use or enjoyment of similar content from other persons or entities, or try to obtain unauthorised access to services or content;
Not destroy, alter, disable or damage data, information, programs or electronic documents belonging to DZ L, its suppliers or third parties;
Not create false identities to mislead others as to the identity of the sender or origin of the message, collect or gather information about third parties without their consent, or provide third parties outside email addresses or violate the right to privacy or image or any other rights of third parties;
Not access or attempt to gain unauthorised access to the services or content, other accounts, computer systems or networks connected to these through the automatic search for passwords or other means networks;
Not use the service to send chain letters, spam, or any other messages, commercial or otherwise, duplicative or unsolicited, or any other action involving transmission of any harmful, malicious program, unsolicited or illegal, or improper use of chat newsgroups, forums or other services that DZ L provide through this website.
 
The user is liable for any damages DZ L, its affiliates, subsidiaries, parent or associated companies or agents may suffer as a direct or indirect result of any breach of the obligations under these Terms and Conditions or any other applicable legal obligations. DZ L will not be held liable for any penalty, claim or demand that might be brought by a third party, including public authorities, against DZ L, its affiliates, subsidiaries, parent, affiliated companies or agents as a result of the violation of any rights of third parties by the user of the site or the services and materials linked to it contrary to these Terms and Conditions or applicable law. DZ L reserves the right to exclusively defend and control any such claim and the user agrees to cooperate fully with DZ L in such defense. DZ L has no obligation to monitor the service or the use made by the user or store the contents of any user session. However, DZ L may restrict, suspend or restrict access to the site and content services, including interactive, if DZ L believes the user has violated these Terms and Conditions or broken the law, and legal action will be taken without exception. In case of default by the user of these Terms and Conditions or applicable law DZ L may, without rise to any compensation, check their website illegal content and can act either at its discretion, or at the request of affected third parties in conformity with the law. DZ L assumes no obligation to maintain confidentiality, secrecy or ownership of any information or material received from the user. All suggestions, ideas, creative and graphic concepts or other information received through this site are owned exclusively and permanently by DZ L and are considered to be given free of charge. The user agrees therefore, that information may be used and published by DZ L for any purpose that is deemed appropriate, without assuming any responsibility for loss or damage suffered by the user as a result of such use or publication. In such a case the user’s rights under the Data Protection Act, or similar, will not be affected.

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