The present General Conditions of Use and Contracting (hereinafter, "the General Conditions") govern, together with the Privacy Policy and Treatment of Personal Data, as well as the Cookies Policy, access and use of the accessible website through the domain name www.birdievinos.com and its subdomains (hereinafter, "the Website"), as well as the contracting of products and / or services through it. The simple access to the Website attributes to the person who performs the condition of user of the Website (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions. If you do not agree, the User must immediately leave the Website without using it.

By means of the acceptance of these General Conditions, the User states:

  • 1. That you have read and understand the conditions set forth herein.

  • 2. Who is of legal age in accordance with the regulations in force in their place of residence, otherwise the minor must have the authorization of their legal representatives.

  • 3. That, in case you are willing to hire a product and / or service, you have sufficient capacity to do so.

  • 4. That assumes all the obligations set forth herein.

GENERAL INFORMATION OF THE WEBSITE

In compliance with the provisions of article 10 of Law 34/2002, of July 11, services of the information society and electronic commerce, below, the general information of the Website is offered:

TITULAR: JENA VINOS INTERNACIONALES, S.L. (hereinafter, “THE COMPANY”), as legal representative of, "www.birdievinos.com" and its subdomains.

REGISTRY DATA: Málaga's Mercantil Registry - Volume 2312, Book 1285, Folio 50, Inscription 2 of the book of Societies.

C.I.F.: B-92066141

REGISTERED OFFICE: C/Higueras del Lagarejo, 6. Urb. El Lagarejo.

POSTAL CODE: 29651.

CITY: Mijas Costa.

STATE: Málaga.

PHONE: 0034 952 462 074.

EMAILinfo@birdievinos.com

TERMS OF USE

ACCESS TO THE WEBSITE

Simple 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.

The User's access to the Website doesn't imply 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.

THE COMPANY 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, as well as of the damages of any kind produced in the User whose cause is derived from failures or connections in telecommunications networks that produce the suspension, cancellation or interruption of the Website service during the provision of this or prior.

NEED FOR REGISTRATION

The use of certain services and contents may be conditioned to the prior registration of the User.

The data entered by the User must be accurate, current and true. The registered User will be responsible at all times for the custody of his password, assuming consequently any damages that may be derived from its improper use, as well as the assignment, disclosure or loss of this. For these purposes, the access to restricted areas and / or the use of the services and contents made under the password of a Registered User will be deemed made by said Registered User, who will respond in any case of said access and use.

USE OF THE WEBSITE

The User is obliged to use the Website and all its content and services in accordance with the provisions of law, morality, public order and these General Conditions. Likewise, it is obliged to make appropriate use of the services and / or contents of the Website and not to use them to carry out illicit or criminal activities that violate the rights of third parties and / or that infringe the regulation on intellectual and industrial property, or any other norms of the applicable legal system.

The User is obliged not to transmit, introduce, disseminate and make available to third parties, any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User agrees to:

  • I. Don't introduce or disseminate content of a racist, xenophobic, pornographic, apology of terrorism or that violates human rights.

  • II. Don't introduce or disseminate on the network data programs (viruses and harmful software) 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 illicit or unfair advertising.

  • V. Not transmit unsolicited advertising, advertising material, "junk mail", "chain letters", "pyramidal structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.

  • VI. Don't introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.

  • VII. Don't impersonate the identity of other Users using their registration keys to the different services and / or contents of the Website.

  • VIII. Not to spread, transmit or make available to third parties any type of information, element or content that involves 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 spread, transmit or make available to third parties any type of information, element or content that supposes a violation of the secrecy of the communications and the legislation of personal data.

The User is obliged to hold THE COMPANY harmless against any possible claim, fine or penalty that may be required to be borne as a result of the User's failure to comply with any of the aforementioned rules of use, reserving, in addition, the right to request compensation for damages that correspond.

CONTENTS AND SERVICES LINKED THROUGH THE WEBSITE

The access service to the Website may include technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In these cases, THE COMPANY, will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence.

In case that the User considers that there is a Linked Site with illicit or inappropriate content, he / she must inform about it, without this communication entailing the obligation to remove the corresponding link. In no case, the existence of Linked Sites must presuppose the formalization of agreements with those responsible or owners thereof, or the recommendation, promotion or identification of the Website, with the statements, content or services provided.

By not knowing the contents and services of the Linked Sites, THE COMPANY, 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.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the Website, understood by them, as merely enunciative, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are property of THE COMPANY or of third parties, without which any of the exploitation rights recognized by the current regulations regarding intellectual property over them may be understood to be assigned to the User.

The brands, trade names or distinctive signs are the property of THE COMPANY or third parties, without it being understood that access to the Website attributes any right over them.

The User knows and accepts that the ratings and comments made on the products available through the Website may be accessible to the rest of the Users of the Website, including the identity of its author.

All comments freely hosted by the User on the Website, whether or not they include an opinion or description of the products offered (hereinafter, "the Contents"), the User grants THE COMPANY a non-exclusive use license, of global territoriality and with the maximum legal duration. On the basis of this license, THE COMPANY may freely exploit the rights of reproduction, transformation, distribution and public communication of the contents, solely for the purpose of being able to provide the services offered and to publicize its products and services.

CONTRACT CONDITIONS

USER REGISTRATION

The use of the services provided by the Website implies the need to register the User.

The User must proceed with their registration, indicating their full name, e-mail address, an access password and the date of birth, as well as the acceptance of the privacy policy and the processing of personal data, by checking the check box. Once the registration is completed, a message will be sent to the designated email account to inform you that you have access to it.

Once the User is correctly registered on the Website, they can access "Your Account" at any time. Through "Your Account" the User can modify their personal data, as well as the data related to the sending of orders and check if there are orders pending delivery or canceled.

In the "Your Account" section, the User can also view the discount coupons available to them, download the invoices of the orders placed, check the subscription invoices and consult the established alerts.

SHIPPING CONDITIONS

Through the Website it is only possible to formalize a shipping order to the following destinations: Peninsular Spain and Portugal.

It will not be possible to formalize a purchase order through the Website to destinations other than those indicated, including the autonomous cities of Ceuta and Melilla. They are also excluded from shipping, the addresses whose destination is a post office box.

The purchase of products on the Website is subject to payment of the corresponding shipping costs by the buyer. The shipping costs will depend on the destination and the number of products purchased according to the indicative table shown below. In any case, the actual shipping costs will be detailed throughout the purchase process and the buyer will have the possibility to review these costs before finalizing their purchase.

National Shipping, Peninsula (Spain & Portugal)

Number of bottles

Málaga

Andalucia

Peninsula
(Spain and Portugal)

Shipping

1 to 6

4,40€

5,00€

6,00€

From 24h to 3 business days

7 to12

6,00€

7,00€

9,00€

From 24h to 3 business days

13 to 20

8,00€

11,00€

14,00€

From 24h to 3 business days

21 to 30

11,00€

15,00€

19,00€

From 24h to 3 business days

31 to 40

14,00€

19,00€

24,00€

From 24h to 3 business days

41 to 50

17,00€

24,00€

29,00€

From 24h to 3 business days

51 to 60

20,00€

28,00€

34,00€

From 24h to 3 business days

61 to 70

23,00€

32,00€

40,00€

From 24h to 3 business days


*The number of bottles in each range is indicated in 50cl, 70cl and 75cl formats. In case of lower or greater formats than those previously mentioned, the number of equivalent bottles will be determined to determine the applicable range. The prices shown in the tables do not include VAT and may vary.

**The indicated delivery times are understood as of the working day following the confirmation of the order, likewise, the shipping costs mentioned above include in addition to the transport of the products, the packaging in specialized boxes and the insurance against loss or breakage.

The delivery of the order will be made at the address specified by the User during the purchase process. THE COMPANY will not assume any responsibility when the delivery of the product isn't carried out as a result of the inaccuracy or falseness of the data provided by the User for this purpose, as well as in the event that the delivery can not be made due to external causes, such as the absence of the recipient at the time of delivery.

In case of absence of the addressee and whenever possible, a pass note will be left with the necessary information to arrange a new delivery at the address of the recipient or the necessary indications so that he / she will pick up the order at a certain place. In any case, after 7 days from the last delivery attempt without the order having been delivered, the same will be returned to the origin proceeding to terminate the contract.

COLLECTION CONDITIONS

THE COMPANY offers the possibility to the User, through the Website, to pick up their order directly in their distribution shop located in Mijas Costa (Málaga) Spain:

Shop BIRDIE VINOS de Jena Vinos Internacionales S.L.

Calle Higueras del Lagarejo, 6. Urb. El lagarejo - 29651 - Mijas Costa - Málaga (España)

Phone: 952 462 074 - Email: info@birdievinos.com

* Schedule: From Monday to Friday from 10:00h to 18:00h. Saturday from 10:00h to 14:00h.

The option of collection doesn't entail any cost for the User, who must go to the selected collection point with the purchase receipt, as well as with the pertinent documentation that proves the ownership of the account from where the order was formalized.

In case the holder of the account can not exercise the same the withdrawal of the order, may authorize a third person instead, as long as you provide proof of purchase, an authorization of the account holder from which it was made order and a photocopy of an official identity document.

The delivery of the products will be carried out always guaranteeing the correct condition of the product and always in the presence of the person in charge of the collection. THE COMPANY will not assume any responsibility for any damage or physical damage that the product may present once it has been delivered.

PRODUCT WARRANTY

The products marketed through the Website have the guarantees offered by the producers of the same. In those incidents that justify the use of the guarantee, the substitution of the article will be opted for, a reduction in the price of the article or a refund of the amount of the affected article. In no case, the managements taken will entail an additional cost for the User.

The incident must be sent by email to info@birdievinos.com within two months after receipt of the order, where THE COMPANY reserves the right to request the User images or photographs of the affected products for the realization of the opportune verifications and to be able to take thus, the necessary measures to solve the incidence.

GIFT CARDS

Gift cards allow you to exchange your value for products from the Website's catalog.

Each gift card includes a unique and exclusive promotional code that the User must apply during the processing of their order to benefit from the corresponding discount on their purchase. The cards have no expiration date and will not be redeemable for real money.

Gift cards can be exchanged by anyone who enters the code associated with them on the Website, so we advise you to treat them confidentially and not provide the codes to third parties other than their beneficiaries. THE COMPANY will not assume any responsibility for the misuse of the gift card derived from an action or omission of the User.

PROCESSING OF ORDERS

The registered User may contract through the Website the purchase of products. The purchase process is based on a virtual basket, in which the User can add the products that he wishes to purchase.

To add products to the shopping cart, once the User is on the product page and selected personalization options available, you must select the option "Add to cart". At all times the User can access and modify the content of the basket.

Once the products you wish to purchase are found in the shopping cart, the User may initiate the processing of the order, selecting the option "Proceed to Checkout".

If the User hasn't entered any billing and shipping address, they must enter the required information in order to continue with the process of processing the order. In the event that the User wishes to send or invoice to a different address than usual, he will have the option of adding alternative addresses by means of the "+ Create new address" option.

Next, the User must select one of the shipping methods that best suits their needs, within the possibilities that the Website provides based on the shipping address and the specified destination. The User will also have the option to include comments, requirements or additional information about their order through a text field.

The User after selecting the payment method and accepting the terms and conditions of the purchase set out here, by checking the check box, the User must ensure that the products indicated on the screen are the ones that he wishes to acquire and at this point, he will also be able to consult the total price of the selected products and shipping costs generated according to the specified address. Likewise, the User may view, in his case, the promotions applied to his order.

Finally, to complete the processing of the order, the User must click on the "Make the purchase" button and will automatically be redirected to the corresponding payment gateway. Once the payment has been processed correctly, the order will be processed automatically, confirming on the screen the information of the order and sending an email to the User confirming the operation and specifying the characteristics of the product, price, selected shipping method, date of contract, order number and delivery date. 

RETURN OF ORDERS

The User has a period of 14 natural days from the receipt of the products to request the return of the products, by sending an email to info@birdievinos.com. The User must state the order number and the products he wants to return.

The User must return the rest of the units of the products that have not been used, in perfect condition (without physical damage, dirt or open) and properly protected, ideally, in their original packaging. After verification by THE COMPANY of the good condition of the products, the refund of the amount corresponding to the units returned, will be performed maximum period of 10 natural days and will be made using the same means of payment that the User used for the initial purchase. This guarantee doesn't extend to the transportation costs of the return, which will be assumed by the User.

CANCELLATION OF ORDERS

The User is entitled to the cancellation of the order made without cost until the moment in which the shipment or collection becomes effective. Once the order is placed at the disposal of the transport company or the User has collected his order at one of the collection points established, the claim by the User will be considered a return.

PRICES AND PAYMENT METHODS

The prices of the products established on the Website are indicated in the description of the products and are expressed in the Euro currency (€) and include the respective Spanish VAT tax (Value Added Tax).

The forms of payment available on the Website are the following:

1. Payment by debit or credit card through a Virtual POS System.

2. Payment by bank transfer to a bank account of the branch "Sabadell Bank".

3. Payment by Amazon Pay.

THE COMPANY in no moment access, knows or stores banking information of the Users during the performance of the payment transactions.

RIGHT OF WITHDRAWAL

The buyer will have a period of 14 natural days after receipt of the product, to exercise their right of withdrawal without having to justify reasons or have any sanction.

In accordance with article 102.d of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, not being applicable supply of goods that may deteriorate or expire quickly, so that the right of withdrawal can't be exercised on bottles that have been opened for example, due to the rapid deterioration of the contents in such cases.

The buyer must state his intention to desist within the indicated period and must return the product. The User may send an email to the address info@birdievinos.com including his name and address, as well as the number of his order.

THE COMPANY will reimburse the sums paid by the User without withholding expenses, that is, the amount of the products purchased and their corresponding shipping costs. However, the cost of returning the products which will be assumed by the User.

Once the products have been received and the correct status has been verified, THE COMPANY will return the corresponding amount to the User within a maximum period of 10 natural days. Products that don't retain their original packaging may suffer a depreciation and may be reflected in the total amount of the refund.

NULLITY AND INEFFICACY OF THE CLAUSES

Any clause included in these General Conditions that was declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, subsisting these General Conditions in everything else, such provision being considered totally or partially not included.

MODIFICATION OF THE GENERAL CONDITIONS

The User must carefully read these General Conditions each time he accesses the Website or periodically, in order to always be aware of the latest and most updated version of these General Conditions. Therefore, the Website reserves the right to modify or update its content and services, these General Conditions and, in general, how many elements make up the design and configuration of the Website.