These terms and conditions and legal information (hereinafter, “Terms and Conditions") regulate the use and access to the website https://www.winecrush.club/ (hereinafter, referred to indistinctly or jointly as the "Website" or "Platform"), owned by WineCrush, S.L., (hereinafter, interchangeably, "WineCrush" or the "Responsible"). WineCrush informs Users that it complies with current data protection regulations, and in particular, with the Reglamento (UE) 2016/679 del Parlamento Europeo y del Consejo de 27 de abril de 2016 relativo a la protección de las personas físicas en lo que respecta al tratamiento de datos personales y a la libre circulación de estos datos y por el que se deroga la Directiva 95/46/CE (Reglamento general de protección de datos) y con la Ley de la Sociedad de Servicios de la Información y Comercio Electrónico, Ley 34/2002, de 11 de julio.
Identity
WineCrush, S.L.
NIF
B56706690
Postal address
Manuel Florentin, 25-31, 08950, Esplugues de Llobregat, Barcelona
pat@winecrush.com
Registration, access and navigation on the Platform implies full and unreserved acceptance of these Terms and Conditions by the navigators and Users of the Website.
Through the Website, registered users (hereinafter, the “Users") can access Winecrush's catalog of wines and linked services with the ultimate purpose of acquiring said products and services.
The purpose of these Terms and Conditions is to regulate the terms and conditions applicable to the making available and management of the information provided through the Website and the services offered by WineCrush through it. These conditions incorporate our Privacy Policy, accessible from the footer of the Website.
To be a User of the Platform, it is essential that the following requirements be met:
● Complete the required fields of the registration form truthfully.
● Be of legal age and suitable for the acquisition and consumption of alcoholic beverages in the country of your nationality.
● Accept these Terms and Conditions (including Privacy Policy and Cookies Policy) and complete the registration form.
The User guarantees that all data regarding their identity and legitimacy provided to WineCrush in the Platform’s registration forms are true, accurate and complete. You also undertake to keep your data updated. In the event that the User provides any false, inaccurate or incomplete data or if WineCrush considers that there are reasonable grounds to doubt the veracity, accuracy and integrity thereof, WineCrush may deny current or future access and use of the Platform or of any of its contents and/or services; as well as deregister the User and cancel the account.
The User agrees to not disclose his password or make it accessible to third parties. Since WineCrush cannot guarantee the identity of registered Users, the User will be solely responsible in the event of use of the password by third parties, including statements made on the Platform or through the Platform, or any other action taken. carried out by using the Password.
Users are obliged to immediately inform WineCrush of the theft, disclosure or loss of the Password, informing WineCrush via email info@winecrush.club
Once the registration is completed, the User must verify their email account and follow the instructions in the verification email to finish creating their WineCrush account. Once registration is completed, every User will be able to access their profile as you deem appropriate, provided that you comply with these Terms and Conditions.
To unsubscribe, the User can contact WineCrush at any time to request the removal of his profile from the platform. In any case, you can revoke your consent at any time by sending an email from your registered email with the subject “User Cancellation” to info@winecrush.club, including in the body of the email the username, email, and mobile phone number. , NIF used when registering on the Platform.
In the case of the Merchant that is subscribed to the Platform, they must specifically follow the procedure indicated in article 4 "Adhesion of Businesses to the Platform”.
WineCrush may suspend or terminate a User account (and therefore choose to suspend or terminate the contractual relationship) immediately in the event of a breach of any obligation under the Terms and Conditions. In this case, WineCrush will stop providing the services it offers through the Platform without having to give any cause.
Users are solely responsible for the access and correct use of their profile and other content of the Platform, subject to current legislation, whether national or international, as well as the principles of good faith, morality, good customs and public order. Specifically but without limitation, they agree to diligently observe the Terms and Conditions.
Users will refrain from using their profile for purposes or purposes other than (a) consulting the offers available on the Website or the Platform; (b) receive personalized offers; or (c) acquire the products or services offered by WineCrush. Likewise, it is prohibited to use the Platform in any way that prevents or hinders the proper functioning of the Platform or the normal use or enjoyment of other Users.
In particular and by way of example and not limitation, Users undertake to:
● Provide truthful and updated information in any communication with WineCrush.
● Do not use personal data - whether of the User himself or of third parties - that contains sensitive information relating to identifiable or identified persons, such as: racial origin; union membership; religion, ideology or sexual orientation; health data; or data relating to criminal records, procedures and sanctions or fines derived from them or non-compliance with monetary obligations.
● Do not use false identities or impersonate others when using the Platform or using any of its services.
● Do not use the Platform for illegal or unauthorized purposes.
● Do not host, store, disclose, publish, distribute or share any content that may involve an illegitimate interference or violation in any form of the fundamental rights to honor, image and personal and family privacy of third parties and, especially, minors. .
● Not alter or modify, totally or partially, the Platform, circumventing, deactivating or otherwise manipulating its functions or services.
● Comply with the Privacy Policy and not violate the regulations governing the protection of personal data.
● Do not introduce, store or disseminate through the Platform any content that infringes industrial and/or intellectual property rights or confidential information of third parties, nor in general any content of which you do not hold, in accordance with the law, the right to make it available to third.
● Do not use the Platform to insult, defame, intimidate, violate one's own image or harass other Users.
● Do not access the accounts of other Users.
● Not introduce, store or disseminate through the Platform any program, data, code, computer virus, defective files, or any other electronic or fixed device that may cause damage or alterations to any of the equipment, networks, WineCrush systems, of any another User or third parties.
● Not destroy, alter, use for use, disable or damage the data, information, programs or electronic documents of WineCrush, its Users or third parties.
Those who fail to comply with such obligations will be liable for any harm or damage they cause. To the maximum extent permitted by applicable law, WineCrush will not be liable for any consequences, damages or losses that may arise from such illicit access or use by third parties. Access to the Platform may be denied by WineCrush to those Users who, in any way, fail to comply with their obligations or contravene these Terms and Conditions or any other legal text included in the Platform.
Likewise, any User must comply with the respective fiscal and tax obligations derived from the possession of cryptocurrencies. For this purpose, the Platform will periodically report relevant data or information so that the User can comply with said obligations.
Once registration has been completed, the User may receive personalized commercial information and offers regarding the products marketed on the Website or Platform. This personalized information is obtained through the acquisition of certain consumption habits and preferences, so to have a better experience it is advisable to accept the cookies provided in the Cookies Policy.
6.1. Subscription
6.1.1 Services offered
In order to access WineCrush products and services, it is necessary to formalize the registration and opt for one of the subscription options offered on the Platform. Currently there is only a subscription model.
Subscribed users can access the complete catalog of available offers as well as those personalized offers issued through any appropriate communication channel (e-mail,WhatsAppand instant messaging services).
Additionally, WineCrush offers storage service called “Hold my wines” which aims to store the purchased products for up to 2 months, free of charge and in optimal conservation conditions. In the event that the time exceeds 2 months, the User must pay a monthly storage fee will apply. WineCrush has contracted insurance to cover eventual damages or force majeure situations that may arise and cause damage to the wine. The insurance, in such situations, will cover the purchase value of the wine.
6.1.2 Subscription duration
The duration of the subscription may vary depending on the selected plan. Once the subscription payment has been completed, it is not possible to request or obtain a refund. Any User will be able to find out the automatic renewal date of the subscription in the corresponding area of their dashboard as a user, being able to cancel it at any time before the automatic renewal to prevent it from being done automatically again.
6.1.3 Subscription cost
At the moment the service is free. At the time there are paid subscriptions, there will be a trial period so that registered users can start using WineCrush for free and learn the advantages of using it.
During the validity of the trial period, the registered User will not have to enter the credit card but it will be requested only when said trial period has elapsed, regardless of its duration. If the subscription is not formalized, the User will not be able to continue using WineCrush services and, therefore, will not receive personalized information.
6.1.4 Acquisition of products or services
Through the Website or the Platform, the User may purchase the products and services they select. In this selection, each of the selected products and services will be broken down, the number of units chosen and their unit price and the respective taxes, finally showing the set of selected elements, the unit and total price as well as details about the approximate time of the term of delivery.
In order to proceed with the payment of any product, the stock of the product will be checked so that the User can complete the form provided for this purpose and pay the total amount by credit or debit card, bizum or bank transfer.
The cost of shipping to the peninsula is €6.90 for a box of 1 to 6 wines and €0.5 per additional bottle. In the case of the Balearic and Canary Islands it is €9.90 for a box of wine of 1 to 6 units and €0.9 per additional bottle. In the case of shipments to third countries in Europe, the corresponding shipping costs will apply.
7.1 Right of withdrawal (“Derecho de desistimiento”)
Any natural person user may exercise the Right of Withdrawal, in the terms provided in article 68 of the Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias. Therefore, the User will have a maximum period of fourteen (14) calendar days from the delivery of the product to withdraw, totally or partially, from the purchase of the product, in accordance with applicable legislation.
To exercise this right, the User must contact WineCrush by sending a message to info@winecrush.club.
In any case, the product must be delivered at the User's expense to WineCrush, with the same packaging and protection, preserving the original labeling. This right cannot be exercised on sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
In accordance with the provisions of the consumer and user regulations, those legal entities that purchase products through the Website are excluded from the exercise as they do not have the status of “consumers”.
7.2 Warranty
The right to full conformity of the products with respect to the contractual commitments acquired from natural person users is recognized.
The consumer must inform WineCrush of the disagreement regarding the product through the following e-mail info@winecrush.club
To access information regarding the protection of personal data, see our Privacy Policy.
Please note that it is an essential term of the provision of WineCrush services to create a user profile as well as accept the sending of personalized information. Therefore, it is necessary to expressly accept and consent to the sending of commercial communications at the time of registering as a user.
WineCrush is the owner or licensee of all intellectual and industrial property rights included in the Platform as well as the content accessible through it, especially but not only, the texts, images, photographs, graphic design, navigation structure, information , source code, databases and any other content that is collected on the Platform.
Authorization to the User to access and use the Platform and the services offered therein does not imply any transfer of intellectual or industrial property rights over it or said contents except as stated below.
WineCrush grants the User a limited license to access and make personal use of the Platform and the services offered therein. This license only grants the intellectual property rights essential for the purpose of compliance with these Terms and Conditions, it is non-exclusive, for the entire world and its duration is limited only to the validity of the User's contractual relationship with WineCrush in accordance with these Terms and Conditions.
WineCrush will not be liable in cases where a bottle of wine is broken during transport to the User. In such situations, WineCrush will activate an internal procedure to hold the carrier responsible in cases where there is malpractice in the handling of shipments.
WineCrush will send a replacement bottle of the same wine if possible. If the same bottle is not available, the User will be fully reimbursed.
In the event that the bottle is broken after it has been delivered to the User's address, WineCrush will not refund or replace damaged or broken bottles that are fraudulently attempted to be returned. WineCrush reserves the right to dispute receipt of a returned bottle.
WineCrush is not obligated to refund or replace any wine for any other reason, including, but not limited to, personal taste, the wine being "corked," the wine being "oxidized," or the bottle being broken after delivery.
On the Platform, the User may find links to other websites managed by third parties. The establishment of any links, forwardings or associations (“links”) with other web pages (www), made possible from the Platform, does not imply that there is any type of relationship, collaboration or dependency between WineCrush and the person responsible for the third-party website. and nothing on said third-party website does not carry a guarantee from WineCrush to the User.
If any of the clauses of these Terms and Conditions are null and void or voidable, it will be considered non-enforceable. Said declaration of nullity will not invalidate the rest of the Terms and Conditions, which will remain valid and effective.
WineCrush reserves the right to modify, at any time and without prior notice, the structure, configuration and design of the Website or Platform as well as these Terms and Conditions and the Privacy Policy. Users must carefully read these Terms and Conditions when accessing the Platform.
In any case, navigation, as well as simple access to the Platform, entails acceptance of any modification introduced. An updated version of these Terms and Conditions will be permanently available on the Platform. Likewise, WineCrush reserves the right to carry out, at any time and without prior notice, updates, modifications or elimination of information contained in its Platform in the configuration and presentation of it and the conditions of access, without assuming any responsibility for it.
WineCrush does not guarantee the existence of interruptions or errors in access to the Platform or its content, nor that it is always updated, however, WineCrush will carry it out, provided that there are no causes that make it impossible or difficult to execute, and as soon as you are aware of errors, disconnections or lack of updating of the content, all those tasks aimed at correcting the errors, reestablishing communication and updating the content.
The validity, execution and interpretation of these Terms and Conditions will be regulated in all its aspects by Spanish laws. In the event that any conflict or discrepancy arises in the interpretation or application of these Terms and Conditions of use of the Platform, it will be submitted to the Courts and Tribunals of Barcelona.
WineCrush reserves the right to modify these Terms and Conditions to adapt them to legislative or jurisprudential developments. In any case, the modification of these Terms and Conditions will be notified to Users.
Updated 11/27/2023