By entering this web site https://divasparkling.com/ (the “Web Site”) you agree to accept and be bound by the Terms and Conditions below. You are not allowed to use the Web Site if you do not wish or may not accept for any reason the Terms and Conditions. Please read this document carefully, and click “accept” and confirm your age before accessing or using the Web Site. If you are not satisfied with the Web Site for any reason, your only remedy is to leave it.
Use of the Web Site is designated for the personal, non-commercial use, only in those countries and territories where the consumption of alcohol beverages is lawful, for persons who are lawfully permitted to consume drinks containing alcohol.
Please exit the Web Site immediately if you do not accept these Terms and Conditions, are in a territory where the consumption of alcohol is not lawful, not of a legal age for consumption of alcoholic beverages in the country of your residence and in the country or a territory in which you are situated, are visiting the Web Site in a country or a territory where use of the Web Site is prohibited or there are other applicable laws in the country of your residence and in the country or a territory in which you are situated where the access to this Web Site is not permitted.
As a socially responsible alcoholic beverage producer, and as a global player in the spirits industry, the Company encourages responsible drinking for all of our current and future consumers. As you share in our pride and history, please ensure that you drink alcoholic beverages responsibly, avoid excessive drinking and use our products strictly in moderation.
The Company may modify these Terms and Conditions at any time in case of legislative changes, implementation of new marketing or trading policies or any other significant changes in the Company and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on the Web Site. If you do not agree to (or cannot comply with) the Terms and Conditions as amended, your only remedy is to stop visiting the Web Site. You will be deemed to have accepted the Terms and Conditions as amended if you continue to visit the Web Site after any amendments are posted.
The contracting party to this agreement, together with you, will be Joint-stock company “Latvijas balzams”, a company existing and organized under Latvian laws, having its registered office at 160, A.Čaka Street, Riga, LV-1012, Latvia, registration number 40003031873, herein together with its affiliated parties as “the Company”.
Access to the Web Site is allowed on a temporary basis, free of charge, and the Company reserves the right (but is not obliged) to exclude or amend its contents, suspend or terminate unilaterally the service on the Web Site without any advance notice. The Company shall not be liable for any unavailability of the Web Site at any time and reserves the right to stop, suspend or interrupt all or partial supply of information or availability of the Web Site at its own discretion.
The Company is the owner of any and all intellectual property rights and data base rights on the Web Site, and of the materials published hereon including but not limited to software, images and photographs, trademarks, service marks, designs, logos, texts, images, taglines, shapes, association of colors, artworks, audio, digital and video materials, visual properties, software and so on (the “Materials”). The Materials are protected by the appropriate legislation and may have been registered in a particular country or a territory. You may view the Web Site and print hard copies of the Materials on it solely for your lawful, personal, non-commercial use. All other copying or use in any format it maybe is prohibited and may breach the applicable laws and regulations. You are not entitled to adapt, distribute, make available to a third party, modify, perform publicly, reproduce, share, translate, transmit the Materials or use them for any commercial purposes or gain without a prior written consent of the Company which may be withheld. You are not allowed to change or withdraw any copyright, proprietary notices of any kind or other similar notices from the Materials on the Web Site. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark and other intellectual property rights displayed on this Website without the written permission of the Company.
The status of the relevant owner as the holder of the rights in the Materials on our Web Site must always be acknowledged. The Company will enforce its intellectual property rights to the fullest extent of laws, including civil and/or criminal actions against any non-authorized usage. All rights are reserved.
The Web Site is designed to appeal to adults residing in the country or territory where consumption of alcohol is permitted. The Company does not knowingly solicit any information from underage persons nor does it knowingly market or otherwise target the Web Site or its products or services to underage persons or in the country or territory where the Web Site or its products are prohibited.
The Web Site is made available on an “as is” and “as available” basis and therefore your use is at your own risk and full responsibility in all respects without any guarantees, conditions or warranties as to its accuracy and reliability, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Web Site or the information, contents or products included on the Web Site.
The Materials of the Web Site are not aimed at advertising having the sole purpose of provision of information. To the fullest extent permitted by legislation the Company hereby disclaims any liability for any direct, indirect, incidental, punitive, special or consequential damages or loss, lost opportunities suffered by you as a result from the use of the Web Site, any of its services or any information accessible over or through the Site, whether such loss, damages, costs or lost opportunities arise from the negligence or the Company is even informed of such possibility. The Company remains responsible for such loss, damages, costs or lost opportunities arising from the gross negligence or intent. You agree to indemnify the Company and its shareholders, directors and/or employees, agents or affiliates, consultants, hosting provider or any other third parties anyhow participating in creation and maintenance of the Web Site from and hold harmless against any liability from the use of the Web Site.
In no event shall liability of the Company for any and all loss or damages, costs, lost opportunities, with respect to any causes of action arising from the use of the Web Site and/or these Terms and Conditions, exceed 100 euro in aggregate, the sufficiency of which is hereby confirmed by you. Since some jurisdictions do not allow the exclusion or limitation of liability or damages, the Company shall be entitled to the maximum disclaimers and/or limitations on damages and liability available.
It is your responsibility to implement protection with virus checking software (and updating the same) with respect to the Materials viewed and/or downloaded from the Web Site and to ensure the compatibility of such software with your equipment.
Should one or more clauses in this contract conflict with a statutory or public order provision, be declared invalid further to a definitive judgement by a competent court or have no legal effect for whatever other reason, the clause(s) that is invalid and/or has no legal effect shall not in any circumstances affect the validity of the other clauses in the contract, and the clause(s) that is invalid and/or has no legal effect shall be construed in accordance with the intents of the parties to the maximum extent provided by applicable law.
You are requested to verify the information posted on the Web Site with independent parties and/or authorities before acting or relying upon it. No information may be treated as advice. The Company shall not guarantee that the contents of the Web Site will be accurate although certain reasonable steps have been taken to ensure the accuracy of all information posted.
No hyperlink from other Web Sites to the Web Site shall be made without the prior written consent of the Company. Where the Web Site contains links to other sites, these links are for information purposes only. The Company has no control over the content of these sites and accepts no responsibility for them or for any loss or damage that may arise from their use.
The identifying data that you may provide to the Web Site solely on your own wish (the “Data”) shall be treated in accordance with the European Regulation No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and of the free movement of such data.
In a limited number of cases you are invited to provide the Data such as your name and e-mail address or other information requested on the pages of the Web Site. You may at any time refuse to provide such Data, and you understand that some tools may not be available in such cases.
The Data that we collect from you must be processed fairly and lawfully in accordance with individuals’ rights.
We use information held about you in the following ways:
Use of the Web Site: to ensure that content from our Web Site is presented in the most effective manner for you and for your computer. We may also use information for internal marketing analysis (such as to measure traffic to particular areas of the Web Site).
Marketing information: to provide you with information, products or services about our products and services and those of our subsidiaries, affiliates and parent companies and any of their related businesses that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes. You will be able to confirm whether you want to receive such information the first time you provide us with personal information, and you will be able to unsubscribe from such communications at any time by contacting us email@example.com
Transactional purposes: to carry out our obligations arising from any contracts entered into between you and us.
Interactive features: to allow you to participate in interactive features of our service, when you choose to do so.
We may disclose your personal information to third parties only in accordance with the procedure established by legal acts.
The Data you provide to us will be retained only for as long as necessary to fulfill the purposes for which the information was collected or as required by law. At any time you are permitted to access, modify, oppose to the Data procession and enjoy any other rights stipulated by the European Regulation No. 2016/679 of 27 April 2016 concerning protection of private data. Please at any time contact us by firstname.lastname@example.org for exercising your rights.
We may collect and process the following data about you:
Details of your visits to our site including, but not limited to, traffic data, location data, web logs and other communication data, whether this is required for our own purposes or otherwise and the resources that you access.
Information that you provide by filling in forms on the Web Site. This includes information provided at the time of registering to use our Web Site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you enter a competition or promotion sponsored by the Company and when you report a problem with our Web Site.
You can also choose to have further information sent to you about products we think may interest you by opting-in on the page where you submit your personal information.
The Web Site was developed in accordance with and shall be governed by, and your browsing in and use of the Web Site (including but not limited to any information appearing hereon, the publication of such information and any other matters relating to the Web Site) shall be deemed acceptance of, the laws of the Republic of Latvia. If you have any doubts with respect to compliance with the applicable legislation, you are strongly encouraged, and it is your obligation in such cases, to seek for legal advice of professional lawyers.
These Terms and Conditions supersede any and all prior agreements, promises, representations, assurances, statements and understandings whatsoever between you and the Company.
To the extent that the Web Site may be viewed from any foreign jurisdiction, and it is your own wish and initiative to browse the Web Site, you are obliged and agree to abide by the legislation of your country or territory of residence and/or connection to the Web Site. Access to the Web Site from any foreign jurisdiction is made solely at your own risk. You shall bear any direct or indirect consequences and liability resulted from an infringement of the relevant legal and regulatory provisions. The Company shall in no case be liable for any such infringement.
By entering this Web Site, you agree that any dispute relating to these Terms and Conditions, as well as their interpretation will be exclusively submitted to the courts of the Republic of Latvia except for the cases prohibited by the European Regulation No. 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
The Company makes no representation that the Materials and/or use of the Web Site are lawful, appropriate or available for use in your location and therefore those users who choose to access the Web Site from any location shall agree to do so on their own initiative and are responsible for full compliance (no disclaimers or limitations is accepted) with national or local legislation, if and to the extent local laws are applicable.
The Web Site may contain references to products or services not available in your country or territory of residence and/or connection to the Web Site. References to a particular product or services do not imply that the Company intends to make such products or services available in such countries and territories.
If you visit the Web Site it shall be irrevocably assumed that you understand and intend these Terms and Conditions to apply to you in the same way as any signed, written contract.
Note. Your rights and obligations in relation to the Company shall include the rights and obligations in relation to Joint-stock company “Latvijas balzams” and its any affiliates, branches and daughter companies, where applicable in these Terms and Conditions, their shareholders, directors and/or employees. The Company is time to time referred to as “we”, “us”, “our”.
As used herein, the term “you” and “your” shall mean the user of the Web Site.
The Company stands for responsible consumption of alcoholic beverages.
By clicking the acceptance button you confirm that you understand in full, and irrevocably agree to comply with, all of the above.
Do not drive drunk. Do not drink if you are under the age starting from which the applicable laws allow you to drink. Please remember that consumption of beverage alcohol by minors is dangerous and unhealthy and acknowledge the harm of excessive or irresponsible consumption by adults.
© 2019 – All rights reserved. Joint-stock company “Latvijas balzams”.