General conditions of use of xapes.net
Last update: November 5, 2026
1. Identification of the holder
The website xapes.net (hereinafter, “xapes.net”, “the Platform” or “the Website”) is a digital platform dedicated to the cataloguing, identification, classification and management of collections of cava, champagne and other collectible caps.
The owner and manager of the Platform is:
Owner: David Gironella Casademont
Tax ID/VAT number: 40335726M
Address: Joaquim Pla i Cargol, 1, 2nd floor, 17004 Girona
Contact e-mail: web@xapes.net
Website: https://www.xapes.net
2. Purpose and scope of application
These conditions regulate access, browsing, registration and use of the services offered by xapes.net.
Access to the Website implies acceptance of the conditions applicable to navigation and content consultation. Registration and use of services reserved for members require express acceptance of these conditions.
The conditions apply both to visitors and registered users, including holders of free and Premium accounts.
Access through automated systems is also subject to the usage limitations of the Platform, without prejudice to rights and exceptions established by applicable law.
The nullity or unenforceability of any provision does not affect the validity of the others.
3. Nature and purpose of xapes.net
xapes.net is an independent platform mainly intended to:
Catalogue and classify cava caps, champagne caps and other pieces related to collecting.
Facilitate the identification of caps and their variants.
Provide information about manufacturers, wineries, brands, issues and other characteristics.
Allow members to manage their collections.
Facilitate communication and the exchange of information among collectors.
Preserve and disseminate information of documentary and collector interest.
xapes.net does not manufacture, distribute or market the caps shown in its catalogue.
The presence of a cap in the database does not necessarily imply that it is an official issue, that it has authorization from the holder of the represented brand or that it is endorsed by the manufacturer, winery or any other entity.
The Platform's main purpose is informational, documentary, and related to collecting.
4. Information, authenticity and classification of the caps
The information published on xapes.net comes from various sources, including contributions from users, collectors, manufacturers, wineries, and other documentary sources.
xapes.net strives to maintain a rigorous, up-to-date and consistent database, but cannot guarantee the accuracy, authenticity or exhaustiveness of all the published information.
Classifications, denominations, variants, descriptions and other data are established according to the Platform’s cataloguing criteria.
xapes.net reserves the right to:
Modify classifications and denominations.
Correct, expand or delete information.
Merge duplicate records.
Reorganize categories and groups.
Move caps to specific categories, including “Not Validatable”.
Temporarily or permanently remove any record when justified reasons exist.
When sufficient information is available about a cap that may be fake, unauthorized, or raises doubts regarding its origin, xapes.net may incorporate this circumstance in the description or change its classification.
The Platform is not obliged to individually verify with each manufacturer, establishment, brand or rights holder the authorization of all catalogued caps.
Nevertheless, rights holders can report possible irregularities through the designated contact channels.
Inclusion, exclusion or classification of a cap does not constitute official certification of its authenticity, legality or commercial value.
5. Registration and user accounts
To access certain features it is necessary to have a user account.
By registering, the user commits to:
Provide truthful and updated data.
Keep their credentials confidential.
Not use false identities or impersonate other persons.
Not grant access to their account to unauthorized persons.
Make legitimate use of the available functionalities.
Each account is personal and mainly intended to manage its holder’s collection.
Creating multiple accounts to evade limitations, obtain undue advantages or manipulate Platform functionalities may be considered abusive use.
xapes.net may limit, suspend or cancel accounts when there are reasonable indications of breach of these conditions, fraud, harmful actions or uses contrary to the service's purpose.
Whenever possible and appropriate to the circumstances, the user will be informed of the measure taken and its reason.
6. User contents and contributions
Users can contribute to the Platform through photographs, descriptions, corrections, cataloguing data and other contents.
The user is responsible for the content they provide and declares that they have the rights or authorizations necessary to publish it and grant the licenses established in these conditions.
Publishing content that:
Infringes intellectual or industrial property rights of third parties.
Violates rights to honor, privacy or personal image.
Includes fraudulent or deliberately misleading information.
Contains threats, serious insults, harassment or illegal content.
Includes malware or other harmful elements.
xapes.net may review, edit, reject or remove contributions when necessary to ensure catalogue quality, protect third-party rights or enforce these conditions.
Acceptance of a photograph or contribution does not imply that xapes.net certifies ownership of rights.
7. License over contributions
Users retain the intellectual property rights that legally correspond to them over photographs, texts and other original contents they contribute.
By publishing these contents, they grant xapes.net a non-exclusive, free, worldwide license, for the legal term of protection of the corresponding rights, to:
Reproduce and store the contents.
Incorporate them into the database.
Modify size, framing, resolution or technical characteristics.
Correct color, contrast or other visual elements.
Add watermarks or other identifiers.
Publish and communicate them through the Website and linked services.
Use them in communications, publications and dissemination materials related to xapes.net.
Allow processing by technological providers involved in Platform operation, exclusively for these purposes.
This authorization does not imply transfer of intellectual property of the contributions.
Photographs, data and descriptions incorporated into the catalogue may remain part of the database after user account cancellation, insofar as there is a legal basis allowing it and without prejudice to rights of their holders.
Account cancellation does not automatically entail removal of contributions incorporated into the general catalogue.
Personal data associated with these contributions will be processed in accordance with the privacy policy and applicable regulations.
8. Intellectual property and database protection
xapes.net has developed and maintains a specialized database that constitutes the result of a continuous investment of time, economic resources, technical work and specialized knowledge.
This investment includes, among other activities:
Obtaining and collecting photographs and information.
Verification and review of contributions.
Editing and standardising images.
Classification and organisation of caps.
Identification of manufacturers, wineries, brands and variants.
Correction of errors and detection of duplicates.
Development and maintenance of search tools.
Preservation, updating and improvement of the documentary set.
The database of xapes.net is protected, to the extent it meets the legal requirements, by the sui generis database right, regulated by articles 133 and following of the Consolidated Text of the Intellectual Property Law.
This protection is independent of the rights that may correspond to the authors of photographs or other contents.
Likewise, the original structure, design, texts, graphic elements, code and other contents belonging to the Platform are protected by applicable legislation.
Isolated facts and objective data about a cap do not become exclusive property of xapes.net simply because they are included in the catalogue.
However, freedom to use isolated data does not authorize unauthorized extraction or reuse of the entire database or substantial parts thereof.
Names, trademarks, logos and other third-party distinctive signs appearing in photographs or descriptions belong to their respective owners.
9. Permitted use of the Website
Users may consult the catalogue and use the features of xapes.net for personal and collecting-related purposes, respecting these conditions.
Ordinary use of the information is allowed to identify caps, manage collections and participate in activities foreseen by the Platform.
Public consultation of a photo or record does not imply that content is distributed under a free license nor that its reuse is authorized without limitations.
Any commercial use, systematic reproduction or substantial incorporation of contents to other services requires authorization from the corresponding rights holder, except in legally permitted cases.
10. Prohibition of mass extraction and unauthorized reuse
Without prior and express authorization from xapes.net, and without prejudice to uses permitted by prevailing legislation, it is prohibited to:
Extract or reuse the whole or a substantial part, quantitatively or qualitatively, of the database.
Repeatedly and systematically extract non-substantial parts when this harms normal exploitation of the database or the legitimate interests of its holder.
Use robots, scrapers, crawlers, scripts or other automated mechanisms to collect content without authorization.
Systematically download photographs, descriptions, classifications or other data to incorporate them into an external database.
Unauthorized reproduction or reuse of photographs or protected content to feed a competing website, application or service.
Bypass access control, authentication, request limitation systems or other technical protection measures.
Remove, hide or modify watermarks, origin identifiers or rights management information when such action infringes applicable regulations.
Share credentials or use multiple accounts to avoid access restrictions.
Systematically collect personal information of other users for purposes unrelated to Platform functionalities.
Redistribute substantial sets of content obtained from xapes.net without necessary authorizations.
These restrictions apply to both public contents and those accessible via user accounts.
Technical access to a photograph or data does not by itself authorize reproducing or reusing it.
Mandatory legal exceptions and rights recognized by legislation for legitimate database users are not affected.
11. Text and data mining and artificial intelligence
xapes.net expressly reserves, to the extent and by legally established mechanisms, the exploitation rights it holds over protected Platform contents and its database concerning text and data mining.
This reservation includes, when legally applicable:
Automated extraction of photographs.
Massive collection of descriptions and classifications.
Creation of datasets intended for artificial intelligence.
Training, tuning or evaluation of models using protected content from xapes.net.
Generation of derived databases from unauthorized extractions.
The reservation is made in accordance with article 4.3 of Directive (EU) 2019/790 and the Spanish regulations implementing it.
xapes.net may implement machine-readable rights reservation mechanisms and other technical measures to express and enforce these limitations.
This section does not restrict mandatory legal exceptions, especially those provided for certain scientific research activities.
12. Measures against improper use
When reasonable indications of unauthorized extraction, systematic reproduction, breach of these conditions or other harmful activities are detected, xapes.net may take proportionate measures, such as:
Temporarily limiting requests or queries.
Blocking automated accesses.
Suspending certain functionalities.
Suspending or cancelling user accounts.
Requiring cessation of the activity.
Requesting removal of illicitly reproduced content.
Taking appropriate legal actions.
xapes.net may retain technical evidence necessary to investigate and prove possible infringements, respecting the deadlines and guarantees established by data protection regulations.
When legally applicable, compensation for actual damages caused may be claimed.
13. Premium accounts and paid services
xapes.net may offer additional features through Premium subscriptions or other payment modalities.
Characteristics, limitations, prices, applicable taxes, duration and renewal conditions will be shown prior to contract formalization.
Premium subscription only grants the right to use the contracted features during the corresponding period.
It does not entail acquisition of ownership rights over the database, images or other Platform contents.
Renewal, cancellation and possible refund conditions will conform to the information provided at contracting and applicable consumer regulations.
When applicable by law, consumer users will have the right of withdrawal and the necessary information to exercise it.
14. End of Premium subscription
When a Premium subscription ends and is not renewed, the account may revert to the features and limitations established for free accounts.
Premium-exclusive features will no longer be available.
If subscription termination implies limits on the number of lists or other items managed by the user, xapes.net will inform about the applicable consequences and possible deadlines to preserve, adapt or recover the information, as appropriate.
Subscription termination will not necessarily mean deletion of general collection information.
All this is without prejudice to the rights that consumer law recognizes to users, including, when applicable, rights to recover content.
15. Exchanges and relations among users
xapes.net may provide tools to allow members to manage lists of caps available for exchange or desired caps.
The Platform acts as a management and communication tool but is not party to private agreements that users may establish, unless explicitly stated otherwise.
Users are responsible for the terms of their exchanges, shipments and other agreements.
xapes.net does not guarantee:
Correct completion of exchanges.
Receipt of packages.
Physical condition of exchanged caps.
Authenticity of pieces offered by users.
Compliance with agreements between private parties.
This exclusion does not affect legal responsibilities that may correspond to xapes.net for its own actions.
16. Trademarks and third-party rights
The xapes.net catalogue may include caps representing trademarks, logos, characters, corporate images, establishments or other protected elements.
This information is published for identification, cataloguing, documentation and collecting purposes.
Inclusion of these elements does not imply any commercial connection, sponsorship or authorization by their owners.
xapes.net is not responsible for manufacturing or marketing caps that may infringe third-party rights simply by documenting their existence.
Rights holders who consider that content infringes their rights may report it through the Platform's contact channels.
The communication must identify, as far as possible:
The claimant person or entity.
The affected content.
The right considered infringed.
The reasons for the claim.
Documentation accrediting ownership or representation, when necessary.
xapes.net will review received communications and take appropriate measures according to content nature and applicable law.
Measures may include correcting information, adding warnings, reclassifying or removing content.
17. Availability and operation of the service
xapes.net works to keep the Platform operational and secure but does not guarantee uninterrupted service or error-free operation.
Interruptions may occur for maintenance, updates, technical issues, connectivity problems or other justified circumstances.
xapes.net may modify service features and characteristics for technical, security, organizational or improvement reasons.
When changes affect digital services contracted by consumers, information, conformity and other legally required guarantees will be respected.
18. Liability
xapes.net strives to guarantee service quality and accuracy of published information.
However, it does not guarantee that all photographs, classifications, variants, descriptions or other data are complete or error-free.
The user acknowledges that catalogue information is documentary and indicative in nature and does not replace specialized verification when necessary.
xapes.net will not be liable for damages arising exclusively from incorrect information provided by third parties when no legal responsibility applies to it.
Nor will it be liable for private transactions or agreements made by users outside its intervention.
In any case, these provisions do not limit or exclude liabilities established as mandatory by applicable law, including those arising from fraud, gross negligence or violation of consumer rights.
19. Personal data protection
xapes.net processes users' personal data in accordance with current data protection regulations, especially Regulation (EU) 2016/679, General Data Protection Regulation, and Organic Law 3/2018.
Information about processing purposes, legal bases, retention periods, recipients and exercise of rights by data subjects is detailed in the privacy policy.
The Platform may process technical data necessary to guarantee security, prevent abuses and detect unauthorized accesses or extractions, under applicable legal bases.
20. Modification of conditions
xapes.net reserves the right to modify these conditions to adapt to regulatory, technical or operational changes.
Substantial modifications that negatively affect rights or contractual obligations of registered users will be communicated with reasonable advance notice, through the Website or available contact channels, except when legal regulations or justified circumstances require otherwise.
Modifications will indicate the effective date.
When legally necessary, new acceptance of the conditions will be required.
Users disagreeing with the new conditions may stop using the service and request account cancellation, without prejudice to rights regarding contracted services.
21. Applicable law and jurisdiction
These conditions are governed by Spanish law.
Disputes regarding interpretation or application of these conditions will be subject to the competent courts and tribunals according to current law.
When the user acts as a consumer, mandatory rules of judicial competence and consumer protection will be respected.
22. Language
These general conditions are originally drafted in Catalan.
The Platform may provide translations into other languages to facilitate understanding.
In case of discrepancy between language versions, the Catalan version will serve as interpretative reference, without prejudice to rights recognized by applicable law to consumers and users.
Last review date: November 5, 2026.