General conditions of access and use of www.enterwine.com
Company identification data
Galaxy Wines Online, S.L. (hereinafter referred to as, “Enterwine”)
Travessera de Gràcia 119, 08012 Barcelona
The company is registered in the Barcelona Companies Registry. Volume 43,488, folio 214, sheet B-430516, first Inscription.
1 Access and use of the website
1.1 Access to the website
The present general conditions of access, use and contracting (hereinafter referred to as the “General Conditions”) regulate the access and use of the website www.enterwine.com. The purpose of the website is to make available to the users information concerning the commercial activities carried out by Enterwine related to the world of wine, as well as the provision of various services (hereinafter referred to as the “Website”).
1.2 Acceptance of the General Conditions and, where applicable, of the Special Conditions
Access to the website entails the acceptance of the General Conditions. Therefore, please read them carefully before making use of it. If you do not accept the present General Conditions, we request that you abstain from using the website and all of its contents.
The purchase of wine on the website and any other related services may be subject to the special conditions stated in paragraph 3 of the present General Conditions, as well as to other specifications eventually added to the website. Hereinafter, any of the above mentioned conditions, as well as any kind of specification related to other services offered on the website at any moment will be referred to as the “Special Conditions”.
Additionally, Enterwine informs the users of this website that these General Conditions, as well as any Special Conditions, may be altered or modified at any time without prior notification. As a result, the User must read and accept the General Conditions and the Special Conditions every time he/she uses the website.
1.3 Registration and use of electronic signature
In order to use any of these services, the User must create a username and password. This identification will provide the User with an electronic signature for his/her interaction both with Enterwine and with other Enterwine Users (hereinafter referred to as the “Electronic Signature”).
The Electronic Signature of each User is personal and non-transferable. It is the User’s responsibility to inform Enterwine of any personal changes with regard to his or her account. Additionally, the User is responsible for preventing third parties from using the electronic signature in his/her name.
Besides, the User will be held responsible for the loss, theft, or unauthorized use of his/her User name and/or password, as well as for the ensuing consequences.
In all instances, the User shall be responsible for using the Website properly, safeguarding his/her Electronic Signature and refraining from using it for illicit purposes, or any purpose contrary to those stated in the General Conditions or, eventually, in the Specific Conditions.
1.4 Use of the Website. Age of majority
The User declares that he/she is of legal age and has sufficient judgmental capacity to consider him/herself bound by the General Conditions and the Special Conditions –when applicable. The User agrees to make use of the website, as well as of the information contained therein, for legal activities only. He/she will act in accordance to the norms and regulations that apply in each case.
2 Responsibility of Enterwine concerning website information
2.1 Operation of the Website
Enterwine works to maintain the Website in good condition and to keep its contents up-to-date. Enterwine also strives to minimize errors and, in the event of one, acts quickly to fix it as soon as possible. However, Enterwine does not guarantee that the access to or use of the Website will be uninterrupted or error-free, or that its information will be accurate and up-to-date at all times. The User agrees to the foregoing and commits to act with the greatest diligence and prudence when accessing and browsing the Website, or when enjoying the contents, information or services available therein.
2.2 Modifications of website information
Enterwine reserves itself the right, at any time and without notice, to amend, remove or update the information contained in the Website, including its configuration and presentation.
2.3 Opinions of other users
Through this service, the User can find (for free) the opinions of other users about the wines, wineries or Enterwine services.
The User agrees to comply with the rules of the forum, and not to post any content that can be considered degrading of the general customs, the image, or the brand name(s) of Enterwine, the different Enterwine wines, or the wineries.
By submitting opinions or information to this website, the User gives his or her express consent to have this information or content be displayed throughout the website.
Enterwine will not be held responsible for the possible consequences that may result from the improper usage of User opinions.
2.4 Use of website content
Both access to the website and the use of any information contained therein are the exclusive responsibility of the User. Consequently, Enterwine is not responsible for any damages or harm that may arise, directly or indirectly, from the access or use of the information on its website.
Additionally, Enterwine states that both the information and any free content on its website are strictly for informational purposes. Therefore, Enterwine does not assume any responsibility for any damage or harm that may arise, directly or indirectly, from the information provided.
Additionally, Enterwine is not responsible for any damage or harm to software or hardware caused by the use of its website.
3 Special Conditions for the purchase of products
3.1 Enterwine Purchase Process
The purchase of products through the Enterwine website does not require registration by the User, but does require the acceptance of the following purchase conditions.
The process that the User should follow to complete the purchase of Enterwine products is as follows:
- Begin the process by clicking the “Add to Cart” button that appears next to each product.
- In the “Quantity” option, the User should select the number of units of each product he/she would like to purchase and update the shopping cart.
- In the case that the User has a discount code, please indicate this in the section “Discount Codes”. It is very important that the User enters his/her discount code(s) before pressing the “Place Order Now” button, otherwise the order may be completed without the full discount applied.
- The user should select the “Proceed to Checkout” button and, in the “Checkout” section, he/she should fill in their name, address, and selected payment method.
- The User should review the details of his/her order in “Review Order” section; if all the information is correct, the User should click “Purchase Now”. Finally, the User will receive confirmation of the order from Enterwine through a message on his/her screen, and a message sent to the email address provided.
- In the “Shopping Cart“ the User can view the status of their order. The order will be processed after Enterwine receives the payment for the order. The User may continue to shopping after this process has been completed.
3.2 Product Prices and Payment Methods
Available Payment Methods: pricing for products and services available on Enterwine includes Value Added Tax, unless stated otherwise. The User will have the option to choose between direct bank transfer, PayPal, credit card, or debit card each time.
In the event that it is deemed necessary to guarantee the security of the purchase, Enterwine can demand that the User submit a copy of his/her identification (identity card, passport, etc.), along with the card being used in the purchase, as well as any other information or complementary documentation.
Payment by means of bank transfer: if the User decides to pay by means of bank transfer, he/she should follow the steps given in the confirmation email, which indicates the account number to which the transfer should be made, the payment amount, and the additional reference required to finalize the order. Orders made using the bank transfer method are valid for 48 hours. If the payment is made after 96 hours, product availability and/or listed price is subject to change.
The order will not be processed until Enterwine receives full payment of it. The number of delivery days starts counting from the date full payment is received.
3.3 Order Delivery
The purchased products will be sent using the delivery service utilized by Enterwine. Upon placing the order, both the name of the shipping agency and the costs associated with the order will appear in the purchase confirmation. User's shipping details will be communicated to Enterwine’s selected shipping company for the sole purpose of processing the order placed on the Website.
The products will be sent to the address indicated by the customer during order processing. To complete the delivery, we advise that the User choose an address to which the order can be delivered from Monday through Friday, from 9:00 AM to 6:00 PM.
In the event that the shipping agency tries to deliver the package and no one is there to receive it, a message will be left stating the delivery attempt. The customer should contact the shipping agency as soon as possible, using the telephone number indicated in this message in order to arrange a new delivery time.
If in the second delivery no one is there to receive the package, a new note will be left stating the second delivery attempt. Thereafter, the order will remain in the shipping agency’s office for seven days. After seven days, the order will be returned to our warehouse.
From the moment the User receives his/her package, he/she should:
- Check that the items ordered are correct.
- Write down any defect/abnormality on the delivery form, making clear the issues with the package along with your signature.
- Suppliers of the goods/freight do not usually permit the return of merchandise if the client opens it in their presence. Nonetheless, the User will be able to evaluate the exterior of the package, and if he/she finds that the package is damp or wet, he/she should reject the order. The delivery agency will notify us of the incident and we will automatically send a new shipment with no additional cost.
Enterwine will not assume responsibility for the consequences of possible delays in the shipment.
3.4 Cancellations and Returns
Users may cancel their order without having to justify their decision, according to the Spanish legislation applicable. To exercise this right, the User is required to send an email to firstname.lastname@example.org, specifying the subject “Right of cancellation”, along with the User's first and last name and the order number. After filling in the Cancellation Form, a template of which is provided at the end of these General Conditions, the User must send this communication within 14 days from the date on which the User received the products.
Once the Cancellation Form is sent, the User must return the products purchased in perfect condition (Unmanipulated and unopened by the User) and properly protected and in its original packaging (the delivery costs will be charged to the User*).
After Enterwine verifies that the products are in good condition, Enterwine will proceed to refund the purchase price. If returned products are not in perfect condition, Enterwine reserves the right to deduct the market value of the product that does not meet the required conditions, up to a maximum of the purchase price. In both cases, Enterwine will use the same payment method for the User that was used for the initial purchase, within a maximum period of 30 days from the cancellation.
* This excludes returns caused by an error from Enterwine or some product defect. In this case, Enterwine will replace the defective product with one of equal value, or the amount will be refunded. In addition, Enterwine will bear the shipping costs for the return(s).
4 User Responsibility
The User understands and voluntarily accepts that he/she is solely responsible for his/her use of the website, making his/her liable for damages of any kind that Enterwine may suffer. These damages may come as a result of a breach of any of the obligations to which the User is bound under the present General Conditions of Use. The User is also bound under the Special Conditions and applicable laws in connection with the use of the website.
5 Hypertext Policies (Links)
Enterwine does not assume any responsibility that may derive from the content of third party websites, nor the ideas they endorse, promote, guarantee, or recommend.
In addition, it is required that third parties who intend to include hypertext links directing to the Enterwine website must first obtain prior written consent from Enterwine. In any case, Enterwine does not assume any responsibility from this connection, or the content of the links on third party sites.
6 Privacy and commercial communications policy
Both at the time of registration and during browsing, if while filling in applications or other information through the Website, the User provides us with data that they consider to be personal, it shall apply to the provisions of the Enterwine Privacy and Commercial Communications Policy, which must be accepted prior to use.
7 Industrial and Intellectual Property
All website contents (including databases, images, pictures, patents, industrial and utility models, artwork, graphics, text archives, audio, video and software) are property of Enterwine or of their content providers. All website contents are subject to licensing or contract, and are protected by the international or Spanish regulations intellectual and industrial property. The compilation (understood as the design, order and assembly) of all website content is the exclusive property of Enterwine, and is protected by the applicable regulations for industrial and intellectual property.
All software used in website development is property of Enterwine or of their software providers, and it is protected by industrial and intellectual property regulations.
All trademarks, signs and logos that appear in the website are property of Enterwine, and are appropriately registered or in the process of being registered. Names of other products, services or companies that appear in this document or in the website are trademarks that are registered to their respective and rightful owners.
All texts, graphics, videos and audio media are property of Enterwine or of their content providers, and cannot be copied or subject to subsequent modification, alteration, reproduction or translation by the user or by third parties without the explicit authorization by the content owners.
The availability to users of databases, images, photographs, patents, utility and industrial models, drawings, graphics, archives of text, audio, video, and software owned by Enterwine or its content providers does not imply, in any case, the transfer of ownership or the concession of any rights on behalf of the user, other than that which involves the legitimate use consistent with the nature of the website.
Any use of website content without the authorization of Enterwine is categorically prohibited, including its exploitation, reproduction, diffusion, transformation, distribution, transmission through any other means, later publication, exhibition, public communication or total or partial representation. If these take place, they will constitute infractions on the intellectual property rights of Enterwine, sanctioned by current legislation.
8 Website access from mobile devices
All provisions stated in these General Conditions of access and use will be applicable to access to services through mobile phones and other mobile devices.
In this regard, the user is informed that Enterwine does not charge for mobile access to the website’s content or services, but that the user’s mobile operator will apply the contracted tariff for sending and receiving data.
Enterwine is not responsible for the restrictions that the mobile operator may have imposed which make unavailable the contents or services of the website that should normally be accessible.
9 Applicable law and jurisdiction
The access and use of the website will be governed in accordance with Spanish law.
Any discrepancy that might arise between Enterwine and the Users of the website will be subjected, after both parties expressly renounce any other jurisdictions, to the Courts and Tribunals corresponding to the User's address.
10 Settlement of consumer disputes
The European Online Dispute Resolution (ODR) is a platform provided by the European Commission to help settle online consumer disputes. Its content is stated in the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
According to point 8 of the the Regulation's preliminary provisions, “ODR offers a simple, efficient, fast and low-cost out-of-court solution to disputes arising from online transactions.” The platform allows consumers to resolve both local and cross-border disputes by filling in an electronic complaint form available in all the official languages of the institutions of the Union, and to attach relevant documents. This alternative way of resolving online consumer disputes does not preclude litigation in courts.
The procedure consists in submitting local disputes to organisms which are connected to ODR and which provide efficient mechanisms of Alternative Dispute Resolution. To that effect, the designated ODR contact point in Spain is the CEC (the Spanish branch of the European Consumer Centre), dependent on AECOSAN (the Spanish Agency for Consumer Affairs, Food Safety and Nutrition.) The task of the CEC is to assist consumers in managing their online complaints.