Terms and Conditions
Terms and Conditions
General Conditions of Use and Contract
The owner of the website is Unicorn Wines SL (hereinafter Unicorn Wines) with registered office at C / Isabel la Católica 12. Santander, Spain and with CIF B39870183.
The Company is registered in the Santander Mercantile Registry; Volume: 1193; Folio: 165; Sheet: S-32989; Registration: 1st.
The customer service email address: firstname.lastname@example.org
2.1. UNICORN WINES makes available through the websites of its ownership, APP or any other means that in the future establishes, a technological platform (hereinafter "WEBSITE") where wines, beers, alcohols, alcoholic beverages, food or any other products or services aimed at Users (hereinafter "USERS" or "CUSTOMERS").
3.2. UNICORN WINES may, always depending on the development and evolution of its products and services, expand or modify its WEBSITE, including or replacing new products, services, activities or content.
3. CONDITIONS OF USE
3.1. Acceptance of the conditions of use and contracting.
3.1.2. The USER must carefully read these General Conditions each time he accesses the Website, since these General Conditions may be modified.
THE USER states:
- That you have read and understood what is stated here;
- That you are a person of legal age and of sufficient legal age to purchase alcoholic beverages according to the legislation of the country of your residence and with sufficient capacity to contract.
- That he assumes all the obligations set forth herein.
3.1.3. The owner of the WEBSITE reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of how many elements make up the design and configuration of the Website.
3.2 Access to the WEBSITE and legal age.
3.2.1. Access to the WEBSITE is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the USER.
3.2.2. Given that the contents and services of the WEBSITE deal with alcoholic beverages, among other products, access to it is only allowed to persons of legal age in accordance with the provisions of the regulations of their state of residence. Please, if you are a minor, immediately leave the Website.
3.3. Need for registration.
3.3.1. In general, to access the services and contents of the WEBSITE, the USER's registration will not be necessary. However, the use of certain services and content may be subject to the prior registration of the USER.
3.3.2. The data entered by the USER must be accurate, current and truthful at all times. The registered USER will be responsible at all times for the custody of their password, thus assuming any damages that may arise from its improper use, as well as from the transfer, disclosure or loss of it. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered USER will be deemed to have been made by said registered USER, who will be responsible in any case for said access and use.
3.4. Rules of Use.
3.4.1. The User agrees to use the Website and all its content and services in accordance with the provisions of the law, morality, public order and these General Contract Conditions.
3.4.2. Likewise, it is obliged to make proper use of the services and / or contents of the WEBSITE and not to use them to carry out illegal activities or activities that constitute a crime, that violate the rights of third parties and / or that violate the regulation on intellectual and industrial property. , or any other rules of the applicable legal system.
3.4.3 The USER undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no case limiting or exclusive, the User undertakes to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, of apology for terrorism or that violate human rights or any that encourages the non-responsible consumption of alcohol.
II.- Not to introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
V.- Do not transmit unsolicited or authorized advertising, publicity material, "junk mail", "chain letters", "pyramid structures", or any other form of unsolicited delivery, except in those areas (such as commercial spaces) that have been exclusively designed for it.
VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Not to impersonate other Users using their registration keys to the different services and / or contents of the Website.
VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on data protection.
The User undertakes to hold UNICORN WINES harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a result of the User's breach of any of the aforementioned rules of use, UNICORN WINES also reserves the right to request the corresponding compensation for damages.
3.5. Liability exclusion.
3.5.1. The USER's access to the WEBSITE does not imply for UNICORN WINES the obligation to control the absence of viruses, worms or any other harmful computer element. It corresponds to the USER, in any case, the availability of adequate tools for the detection and disinfection of harmful computer programs.
3.5.2. UNICORN WINES is not responsible for the damages produced in the software and computer equipment of the USERS or third parties during the use of the services offered on the WEBSITE.
3.5.3 UNICORN WINES is not responsible for damages of any kind caused to the USER that cause failures or disconnections in the telecommunications networks that produce the suspension, cancellation or interruption of the WEBSITE service during the provision of the same. or previously.
3.6. Contents and Services linked through the Website.
3.6.1. The access service to the WEBSITE includes technical link devices, directories and even search tools that allow the USER to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, UNICORN WINES will only be responsible for the content and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the USER considers that there is a Linked Site with illegal or inappropriate content, he / she may notify UNICORN WINES without, in any case, this communication entailing the obligation to remove the corresponding link.
3.6.2. In no case should the existence of Linked Sites presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of UNICORN WINES with the statements, content or services provided.
3.6.3. UNICORN WINES does not know the contents and services of the Linked Sites and, therefore, is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites. nor for any other damage that is not directly attributable to UNICORN WINES.
3.6.4. In the cases in which the USER can access or is redirected to Linked Sites that allow the contracting of services and / or products, the USER knows and accepts that UNICORN WINES acts as a mere intermediary facilitating said access, for which they will not be responsible, nor indirectly or subsidiarily, for damages of any nature arising from the free use and / or contracting of said services and third-party products, as well as the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the themselves. By way of example, and in no way limiting, UNICORN WINES will not be liable for damages of any kind arising from defective compliance or breach of contractual commitments acquired by third parties; carrying out acts of unfair competition and illegal advertising; the inadequacy and fraud of the expectations of said services and third-party products and of the vices and defects of all kinds that may occur in them.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
4.1. All the contents of the Website, understood as, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the property of intellectual property of UNICORN WINES or third parties, without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to be assigned to the USER.
4.2. The trademarks, trade names, distinctive signs are owned by UNICORN WINES or third parties, without it being understood that access to the Website attributes any right over them.
4.3. By accepting these General Conditions, the User assigns to UNICORN WINES, free of charge and exclusively, all the exploitation rights over the comments and opinions (hereinafter, “the Contents”) that the User publishes or whose publication authorizes in the website. Said assignment will be understood to be carried out for the global territorial scope, without any limitation, and for the maximum period of duration provided in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Property Law Intellectual, regularizing, clarifying and harmonizing the current legal provisions on the matter. UNICORN WINES may exploit the rights of reproduction, transformation, distribution and public communication of the Contents, in the broadest sense recognized by said Law.
4.4. The User, who claims to have all the intellectual property rights over the aforementioned comments and opinions, undertakes to assume any claim or liability, including compensation for damages, that any third party may exercise against UNICORN WINES for considering their rights infringed. for any of the actions derived from the obligations that the User contracts directly or indirectly with these General Conditions.
4.5. Likewise, the User undertakes to hold UNICORN WINES harmless against any damage that he or a third party may suffer as a result of the formalization of the transfer of rights regulated in this clause.
5. CONTRACTING CONDITIONS
5.1. Area of application.
5.1.1 These general contracting conditions will apply to purchases made on the WEBSITE.
5.1.2. Given the characteristics of the platform, UNICORN WINES does not guarantee total availability of the product at the time of purchase regardless of the receipt of the order confirmation email. In the event that UNICORN WINES does not have the product purchased during the order; Provided that the USER does not wish to exchange the product, a full refund of the amount of the product will be made by the same means in which the payment was made. In the event of a partial or total return, UNICORN WINES will make the same in a period not exceeding 14 calendar days from the date that said request for return is communicated by the USER.
5.2. Formalization of the purchase.
The procedure to buy products through the WEBSITE is as follows:
5.2.1. Start the process by pressing the "Buy" button that appears next to each product.
5.2.2. Select the product units that you want to purchase. In the cart itself, the USER must click on "Shipping data" to enter their shipping address for the correct receipt of their order. Then the button "place order" must be pressed.
5.2.3. In the event that a discount or gift coupon is available, the USER must include it in the shopping cart at the link in the space provided for the introduction of the coupon. In the event that the coupon is not entered in said space and the order is produced without a discount, the USER will not be able to claim after confirming the order of the application of said discount.
5.2.4. In the "your order" section, the USER will be able to view the name of the courier company that will deliver the order, the estimated delivery time and the cost of this service, which will be added to the total cost of the order, in the case that proceeds. Press "continue". It may be the case that for reasons of logistics agility the courier company seen during the purchase process differs.
5.2.5. The USER must select one of the available forms of payment that UNICORN WINES makes available.
5.2.6. Finally, the USER must click on the "Pay" button. The USER will receive confirmation of the acceptance of their order by means of a message on the screen and by email in the account that they have previously provided. All the products on the Website are marketed based on the UNICORN WINES sales catalogs.
5.2.7. THE USER assumes responsibility for the correct and truthful introduction of the product delivery data, UNICORN WINES does not assume any responsibility in the event that the delivery cannot be made due to the inaccuracy or incorrectness of the data.
5.2.8. The order description is the one included in the technical description of the product. Any discrepancy between the product purchased by the consumer and the one published on the WEBSITE will be the responsibility of UNICORN WINES.
5.2.9. In the case of payment by bank transfer, UNICORN WINES cannot guarantee that the price of the product will be maintained beyond 48H and sufficient stock.
5.2.10. UNICORN WINES offers USERS a purchase service for consumer products on its platform. UNICORN WINES does not give authorization for the resale of these purchases or documentation for it, and the USER is fully responsible for these actions, releasing UNICORN WINES from any responsibility for the resale of these products. In the event that users are legal entities, consumer legislation will not apply to them, illustrative but not limiting, rights such as the right of withdrawal will not apply.
5.3.1. All prices and taxes on the consumption of the products published on the WEBSITE have been indicated.
5.3.2. Prices will be indicated in euros and in the currency corresponding to the consumer's domicile. UNICORN WINES will apply the currency conversion rules established by the market at all times.
5.3.3. There may be the case of a manifest error on the part of UNICORN WINES in the introduction of the price of the product. In this case UNICORN WINES reserves the right to cancel the order after communication to the USER at no cost to both UNICORN WINES and the SELLER.
5.4.1. The USER may pay for purchases made through the means that UNICORN WINES makes available on its WEBSITE as indicated in the section on the purchase process. In any case, it will be about systems that guarantee the security of the payment.
5.4.2. UNICORN WINES reserves the right to use electronic means of payment from third parties and / or financial institutions to manage payments made by USERS through the WEBSITE, in collaboration with providers of means of payment.
5.4.3. UNICORN WINES does not have access to the bank data linked to the USERS 'means of payment and does not know or record these data during the payment operation.
5.4.4. UNICORN WINES reserves the right to reject or cancel, prior communication to the USER, under its total discretion, those orders in which they could be found:
1- Inaccuracies or notorious errors in the product.
2- Inaccuracies or manifest errors in setting prices through the SITE.
3- Any suspicion of fraud or of false, incomplete or inaccurate significant data having been provided by USERS.
Way to pay
The purchase of products in UNICORN WINES allows the following forms of payment:
1.-Payment by debit or credit card (VISA and MASTERCARD) through Paypal
2.-Payment by Paypal Express Checkout (Surcharge of 4%) *
3.-Payment with your Paypal account and credit (Surcharge of 4%) *
4.-By bank transfer.
To use the payments offered by Paypal, the User must have a Paypal account or use the payment system without registration through a credit / debit card. At all times the data exchanged between Paypal and the client will be secured by encrypting them.
For payment by bank transfer, after completing the order, the user will receive a proforma invoice containing the products, the total price and a current account to which to make the bank transfer. To facilitate the procedures, the user must indicate in the concept of the transfer, the order number.
* Payment through Paypal carries an increase of the 4% of the order, which are the commissions charged by the company for providing the service.
5.4.5. UNICORN WINES reserves the right to request a copy by fax or email of the card used in the purchase and identity document, bank statement, national identity document, passport or equivalent documentation of the User's DNI to confirm the veracity of the data provided.
5.4.6. To proceed with payment by bank transfer, the USER must make a transfer with the details that will appear in the order confirmation email. It will indicate the account number to which you must make the transfer, the amount and the reference that you must attach to expedite the process of final acceptance of your order. The order will be processed once the full amount of the order has been received and the delivery period communicated to the USER will begin to count from the receipt of the full amount on the account. The order made by bank transfer is valid for 48 hours. Any payments made after that period may be subject to changes in product availability or prices.
5.4.7 The USER expressly authorizes UNICORN WINES, in case of requesting an invoice for the products purchased, to receive the same in electronic format and in the legal tender of the country corresponding to the registered office of the SELLER.
5.4.8. If you make the payment through PayPal and if you have created a payment agreement with PayPal by checking the box "Remember PayPal data" and you wish to cancel said agreement, you can do so by accessing your user account, from the section "My account -> Edit Profile ”or by accessing your PayPal account and canceling the agreement. The USER states that in this case, their data is processed by PayPal.
5.5. Shipping and delivery costs.
5.5.1. The shipping costs of the USER's orders will be assumed by the USER, unless expressly indicated otherwise.
5.5.2. UNICORN WINES will indicate the price of the shipping costs in the order process; These expenses must be approved by the USER prior to the acceptance of the order, unless they are included in the price. These costs are defined below:
- Spain - free from 6 bottles
- Balearic Islands, Ceuta and Melilla - 6 bottles € 22.00 - 12 bottles € 32.00
- Canary Islands - 6 bottles € 65.00 - 12 bottles € 90.00
- Europe - Consult depending on the country.
The delivery time is 24h / 48h from when they are collected by the transport company at our facilities.
Shipping costs include, in addition to the transport of the products, their packaging in boxes specially designed to transport bottles, as well as VAT.
UNICORN WINES will indicate to the USER prior to the purchase process any additional expenses incurred in the contracting process.
5.5.3. UNICORN WINES will inform the CUSTOMER of the estimated delivery times of the order in the purchase process. The delivery times indicated in the order are only an estimate and refer to working days. UNICORN WINES will manage the order placed by the USER within a maximum period of 72 working hours from the date of payment, except in some specific cases in which UNICORN WINES specifies that additional days are necessary to prepare the order or to the arrival of the products. UNICORN WINES is not responsible for delays in addition to the estimated delivery time.
5.5.4. It is the responsibility of the USER to check the order at the time of delivery and to carry out at that time all the claims that it deems justified, such as product breakage or lack thereof. In the event that the USER does not indicate to the carrier at the time of delivery and in the relevant document (delivery note) any anomaly with the order received (breakages, lack of merchandise, wrong products), UNICORN WINES will not be responsible of the claims or of the costs derived from a subsequent claim. UNICORN WINES may request, before any claim of the USER due to an incident in the delivery, photographs that confirm said claim.
5.5.4. The logistics management of orders corresponds to the providers of said services contracted by UNICORN WINES, so UNICORN WINES does not intervene in any way in this process. UNICORN WINES does not assume any responsibility derived from the breach of the obligations described in this clause due to the action or omission of the logistics operator, without prejudice to the steps that UNICORN WINES can freely carry out to help find the best solution to the incidents that have occurred, at the request of the parties. In the event that UNICORN WINES is in charge of logistics management, the USER will be duly informed in advance.
5.5.5. The delivery of the orders will be made at the delivery address freely designated by the USER in the order form, as long as the address is included in the delivery areas included in the Platform. For these purposes, USERS are informed that a post office box is not accepted as a delivery address, in which case the USER will be informed in advance of such circumstance and the order will be canceled unless the USER can offer an alternative address in the same locality. UNICORN WINES will not assume any responsibility when the delivery of the product does not take place as a result of the inaccuracy or falsity of the data provided by the USER for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of shipping company assigned for this purpose, as is the absence of the recipient.
5.5.6. The order will be delivered in the shortest possible time and, in any case, always before thirty (30) calendar days from the order confirmation date. Although the approximate delivery time is informed in the order, UNICORN WINES reserves the right to change this period, as long as it previously informs the USER. The delivery time reported in the order is informative, it is not contractual. Provided that the product has not been shipped and / or that the total delivery time from the date of payment of the order exceeds 30 calendar days, the USER may cancel their order at no cost and receive a refund.
5.5.7 Deliveries are made on weekdays (Monday to Friday) and during business hours (9am to 7pm). Unfortunately, deliveries are not offered on weekends or outside business hours and on weekends or holidays, regardless of whether the USER requests these options in their order or in any communication to the UNICORN WINES team.
5.6. Withdrawal and return.
5.6.1. Orders can be canceled at no cost until the moment the shipment has been prepared for shipment to the USER. If the user's cancellation request arrives after the order has been prepared, the cancellation request will be considered a return by the USER.
5.6.2. The USER may freely withdraw from the sale contract, without indicating the reasons, within a period of fourteen (14) calendar days following the date of receipt of the product. The date of the receipt certifying the delivery of the product will serve to start the computation of the aforementioned fourteen (14) day period.
5.6.3. To exercise their right of withdrawal, the USER must communicate it to the email address email@example.com Indicating for identification and management purposes the e-mail used for the purchase and the order number. UNICORN WINES will reply to the USER specifying the precise instructions for the exercise of the right of withdrawal.
5.6.4 The USER will bear the expenses and the rest of the procedures associated with the return of the product, which must be packaged and sent safely, so that the returned merchandise arrives in perfect condition. The USER will be responsible for any damage or damage suffered by the product in this process.
5.6.5. UNICORN WINES, in the case of cancellation of the order, will reimburse the total order, subtracting the collection costs that UNICORN WINES will usually manage through the same payment method used by the USER for the purchase of the product within a maximum period of FOURTEEN (14) calendar days from the verification of the correct condition of the product sent by the CUSTOMER to UNICORN WINES.
5.6.6. UNICORN WINES will only accept the return of the product when its use has been limited to the mere verification of the proper functioning of the aforementioned product by the USER, in accordance with current legislation.
5.6.7. UNICORN WINES will not accept the return of any product that suffers deterioration attributed to the CLIENT.
5.6.8. The return of the product must be made in its original packaging and in perfect condition, that is, not damaged or soiled by the CUSTOMER or opened, and it will be sent to the place indicated by UNICORN WINES in the instructions sent to the CUSTOMER. Likewise, the packaging must be fully and comprehensively identified in order to know who the sender is. If it is not sent under the conditions described in these terms, the asset will suffer a depreciation that in any case must be paid by the CLIENT.
5.6.9. There is no withdrawal in the cases contemplated in article 103 of Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users. In an enumerative but non-limiting way, there is no return in the case of personalized or perishable products without prejudice to the foregoing, in case of doubt, the CLIENT may contact UNICORN WINES in advance.
5.6.10. In the event of an error in the shipment or a defect in the product, UNICORN WINES undertakes to exchange the defective product for another one as long as it is available. UNICORN WINES will take care of the return and shipping costs. In the event that the change could not be made, the amount of said product will be refunded within a period of 14 calendar days. To make a return effective, contact us on the phone (+34) 600 44 37 17 or by email firstname.lastname@example.org
PROTECTION OF PERSONAL DATA AND COOKIES
Likewise, this website uses its own and third-party cookies: Cookies policy
7. NULLITY AND INEFFICIENCY OF THE CLAUSES.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, the present General Conditions subsisting in everything else and such provision being considered totally or partially as not included.
8. APPLICABLE LEGISLATION AND JURISDICTION.
10.1. These Terms and Conditions will be governed and interpreted in accordance with the laws of Spain.
10.2. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.
10.3. The European Commission offers a platform for alternative dispute resolution, which any consumer can access at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm.
For any information you can contact email@example.com