General contracting conditions

  1. I.  General contracting conditions

 

1.1    The present general contracting conditions, along with the particular conditions that can be established, will expressly regulate the relations emerged between Divinity Wines SL., with tax ID B-86606209, PO box: 82021, zip code: 28080 Madrid ( from here on Divinity Wines ) and third parties ( from here on “users”) that use the internet portal www.divinitywines.com ( from here on “ the portal” ) , as of with third parties that contract the products offered through it.

Divinity Wines reserves, at all times, the right to modify unilaterally, without prior notice, and in any moment, the presentation and configuration of the portal.

 1.2    The present general conditions have been elaborated confirm to what’s established in the law 7/1998 for General Contracting Conditions, the royal decree 1906/1999 that regulates the telephonic or electronic contraction with general conditions in development of the article 5.3 of the law 7/1998, the law 26/1984 general for defense of the consumers and users, the law 7/1996 of retail commerce regulations, the royal decree-law 14/1999 regulating the electronic signature and any other laws that may be imposed.

1.3    For the use of the portal  of Divinity Wines, you acquire the condition of User. Such as the visit like the utilization and/or the purchase of any of the products of the portal, suppose the acceptance as an User, without reservations of any type, to all the general conditions, as well as in its case, to the Particular Conditions that, in the case, govern the acquisition.

1.4    Divinity Wines can , in all moment and without prior notice, modify the present General Conditions, through the publication of the mentioned modifications in the portal in order that they can be known by the Users always before the visit to the portal or to the purchase of any goods offered in the portal.

 II.  Offered Products. Purchasing System

 2.1    The products offered in the Portal, together with its characteristics and prices will appear on screen.

Furthermore, on screen will appear the shipping costs to the Users address of the products that will always be on the behalf of the buyer. Those products will be available for sale until the end of stock. The prices indicated on screen are in Euros and include the value added tax ( I.V.A) and any other tax that could apply and are current.

The offers will be properly indicated on screen. Divinity Wines reserves the right to decide, in all moment, the products contained and that are offered to the Users through the portal. This way, Divinity Wines can, in any moment, add new products to the ones included in the portal, assuming, unless otherwise provided, that those new products will be ruled by what’s defined in the General Conditions valid at that moment. Also, Divinity Wines reserves the right to quit providing the access, in any moment and without prior notice, to any of the products offered in the portal.

2.2    To purchase the products offered in the portal, Divinity Wines will request the Users to proceed to register, for what the Users, that must be over eighteen (18) years old, must complete the instructions that appear on screen and that will require execute the fallowing instructions:

- Filling out completely the electronic form that in each moment appears on the portal fallowing the instructions indicated in it.

- They may only place orders and register as users who are eighteen (18) years of age and have the legal age to drink alcohol in Spain or in your country of residence. Therefore, the user wanting to place an order through the website states that have the required legal age to consume alcohol.

- Pulsing the “ accept “ button

- Receiving in the Users electronic mail account the “User Name” and “Password”.

The User Name and Password are personal and non-transferable. Divinity Wines can execute, with the proper advance notice, modifications in the name of the user and/or password, in witch case the modified keys would loose their validity.

2.3 Once the User is registered, and to proceed to the purchase of products, the user must add the product that desires to the shopping cart, according to the indications described on screen, complimenting to this effect the provided order form and sending it to Divinity Wines, what supposes the lecture and acceptance of all the present General Conditions, as of in the case, the existing Particular Conditions.

It will be understood that the purchase has been made in the business address of Divinity Wines, situated in Calle Vejer 70, 11190 Benalup-Casas Viejas ,Cadiz.

2.4 Once the purchase has been made and in shortest possible time, always before thirty (30) days from the execution of the purchase, the Costumer Service Department of Divinity Wines will forward to the buyer User to the stated address in the form, the corresponding invoice.  The order confirmation sent by Divinity Wines is not valid as an invoice, only as a proof of purchase.

III.  Form of payment, delivery and withdrawal of  orders

3.1    The payment of the price of the purchased goods and the shipment costs, witch will appear on screencan be made with credit card. To proceed the payment, the User must fallow the instructions that appear on screen, providing the next information:

- Credit card number

- Expire date

As an electronic paying system, Divinity Wines is attached to the payment gateway of electronic business of Bakia. All the data provided to these effects are encrypted under SSL protocol ( Secure Socket Layers) to guarantee the maximum security of them.

3.2    Divinity Wines is obligated to deliver the goods purchased by the User, to the users address given for such purpose in the order form ( no products will be delivered in post offices boxes, nor at call centers), in the least possible time, and in all case, always before thirty (30 ) natural days from the date of the order formulation. The shipping costs of the purchased objects will be paid by the buyer.

3.3    The user-buyer will dispose of a period of seven (7) working days, according to the official calendar of his place of residence, to settle the purchase without incurring a penalty or any charge., including the corresponding costs of the refunded good.

The period of seven days established in the previous paragraph will be calculated from the reception of the goods by the purchaser.

However, if the buyer would have had knowledge of the right of refusal after the date of reception of the purchased goods, the period of seven days starts to count from the date that he would have had the knowledge of his right of refusal, in charge, the purchased goods. In any case, it will be understood that the buyer has know the right to desist, from the entry in the portal, that requires the lecture and acceptance of the present General Conditions, and in all case from the moment the order is placed.

The refunds of the orders must be sent to the business address of Divinity Wines, calle Vejer, 70, Benalup-Casas Viejas, 11190. Executed the right of resolution on behalf of the buyer, Divinity Wines will refund the amounts received by payment, without any restraint, immediately and never in more than thirty days. Despite the previous, it is excluded the right of resolution (return) in those cases, in witch because of the nature of the contents, will not be possible to be carried out, without prejudice of the claim for suffered damages and prejudice.

IV.  Protection of personal data policy

4.1    For the purposes of that provided in the Organic Law 15/1999, of December 13thof the protection of Personal Data, Divinity Wines informs the user of the existence of an automated data file of personal data created with the data obtained in the Portal by and for Divinity Wines , and under its responsibility, with the finality of information and commercialization of the products offered in the Portal, like as the execution of promotional and advertising activities that can be of your interest , to expand and improve our Products adapting our offers to your preferences or necessities and to permit a personalized navigation.

4.2    The User accepts expressly the inclusion of the data collected during the navigation through the Portal, or provided with the complementation of any form, as like the ones derived from the commercial relation and/or delivery of the purchased products, in the automated data file for personal data referred to in the first paragraph. During the process of data collection, the user will be informed of the obligatory nature or not of collection of those data for the delivery of the products, except for the execution of orders in witch case Divinity Wines informs from this moment to the User that its not considered voluntary, for what it will be necessary its inclusion for the formalization of the purchase order, to provide the data relative to the identity, address and credit card number for payment, for being necessary data for the formalization and conclusion of the sale.

4.3    The User may execute, regarding the collected data in the way prescribed in the previous paragraph, the rights recognized in the Organic Law 15/1999, and in particular the rights for access, rectification, or cancellation of data and opposition, if resulted pertinent, as of the revocation of the acceptance of the transfer of your data.  The rights referred to in the previous  paragraph can be exercised by the User, by sending a electronic mail to the address info@divinitywines.com

4.4    With the acceptance of these conditions , The User expressly consents the cession or communication of the data included in the file referred to in the paragraph  4.1, to the companies of the Divinity Wines group, situated or not in the Spanish territory,  and even in the last case to companies that can be under a regime of non-protection not comparable to the one that the Spanish law provides, and with the finality that these companies can process your personal data in order to sent you offers and advertising messages.

4.5   Divinity Wines commits itself , in the use of the data included in the file, to respect the confidentiality and to use them according to the finality of the file, as to fulfill its obligation of saving them and to adopt all measures to avoid the alteration, lost, treatment or non-authorized access, according with the established in the Regulation of Security Measures of the automated files that contain personal data , approved by the Royal Decree 994/1999, of July 11th.

V.  Intellectual and Industrial Property. Prohibition of hyperlinks

5.1    Al the contents that are shown in the Portal and in special, designs, texts, graphics, logos,  icons, buttons, software, commercial names, brands, industrial designs or whatever other signs susceptible to industrial and commercial utilization are subject to intellectual and industrial property rights of Divinity Wines or of third parties holders of the same that have duly authorized its inclusion in the Portal.

5.2    In no case will it be understood that a any license is given or renunciation , transmission , total or partial transfer of those rights nor confers any right, and specially, of alteration, exploitation, reproduction , distribution or public communication of those contents without the previous expressed authorization from Divinity Wines or the corresponding holders.

5.3    No Link can be established to www.divinitywines.com from any other web without previous and expressed consent from DIVINITY WINES.

VI.  Responsibility of Divinity

6.1    Divinity Wines SL, will only respond for the damages that the user can suffer consequence of the utilization of the Portal when those damages are attributable to a willful misconduct of the same.  The User recognize and accepts that the utilization of the Portal, as like the purchase of the products are done under his total risk and his entire responsibility.

6.2    Divinity Wines is not responsible of the damages  that can derive from, with

-  Inferences, omissions, interruptions, computer virus, failures and/or disconnections in the operational function of this electronic system or in the devices and computer equipment of the Users, motivated by causes beyond Divinity Wines, preventing or delaying the placing of the orders or the navigation through the portal;

- Delays or blockages in the use caused by deficiencies or overload of the internet or in other electronic systems;

- That may be caused by third persons by means of illegitimate intromissions beyond the control of the Portal and that can be attributable to Divinity Wines;

- The divergence of the information, documentation and/or other content of the Portal that may exist between the electronic version and the printed version;

- Of the impossibility to give the service or permit the access for reasons not attributable to Divinity Wines , caused by the User, third parties, or to circumstances of mayor forces.

6.3    Divinity Wines does not control, in general, the utilization that the User makes of the service.

In particular Divinity Wines does not guarantee under no extreme that the Users use the service in accordance with the law, the present General Conditions, the moral and good costumes generally accepted and the public order, nor either that they do it in a diligent and prudent way.

VII.  Users Obligations

7.1    In general, the User is obligated to the fulfillment of the present General Conditions, as of to fallow the special warnings or instructions of use contained in the same ones or in the Portal and to operate always according to the law, the good costumes and to the requirements of the good faith, using the suitable diligence to the nature of the service you are enjoying, withdrawing from using the Portal in any way that can prevent, damage or deteriorate the normal function it, the goods and rights of Divinity Wines, its suppliers, and the rest of Users or in general of any third party.

7.2    Specifically, and without involving any restriction to the obligation assumed by the User with a general character in  accordance with the previous paragraph, the User is obligated , in the use of the Portal, as in the purchase of the products to:

- In case of registering, the user is obligated to provide truthfully the data provided and to maintain them actualized.

- Not to introduce, store or diffuse in or from the portal, any information or material that could be defamatory, offensive, obscene, threatening, xenophobic, incites to violence or to the discrimination based on race, sex, ideology, religion or that in any way attacks against the form, the public order, the fundamental rights, the public liberty, the honor, intimacy or the image of third persons and in general the current regulations.

- Not to introduce, store or diffuse through the portal any computer program, data, virus, codes, hardware equipment or of telecommunications or any other instrument or electronic device o physical that is susceptible of causing damage to the Portal, in any of the services, or in any of the equipments , systems or networks of Divinity Wines, of any User, of the suppliers of  Divinity Wines or in general of any third party, or that in any other way is capable of causing any type of alteration or prevent their normal function.

- To custody appropriately his user name and the password, as identification elements and suppliers for the access for the purchase of the products, compromising to not hand over its use nor permit the access to them to others , assuming the responsibility for the damage and prejudices that could derive from an improper use of them. In the same way, the User commits itself to communicate to Divinity Wines, as quickly as possible, the lost or stolen as of any risk of access to the user name and/or the password from a third person.

- To not carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to forward publicity, send messages with the purpose of direct sell  or with any other commercial purpose, nor to collect or store personal data from third parties.

- Not to use false identities, nor impersonate the identity of another in the use of the Portal or in the use or purchase of any of products, including the use in the case of passwords or access codes of third persons or of any other type.

- Not to destroy, alter, disable or damage the data, information, programs or electronic documents of Divinity Wines, its suppliers or third parties.

- Not to introduce, store, or diffuse through the Portal any contents that violates the intellectual property, industrial or company secret rights of third parties, nor in general any content of witch he does not have, in accordance with the law, the right to put it at disposition of a third party.

VIII. Communications

To the effects of the present General Conditions, and for any communication that is precise between Divinity Wines and the User, these must be directed to the Costumer Service Department via electronic mail (sending a message to info@divinitywines.com). The communications of Divinity Wines to the User will be done according to the data provided by him at registration in the Portal.

Applicable legislation. Arbitration

9.1    The present contract will be governed by the Spanish legislation that will be of application for what is not disposed in this contract in terms off interpretation, validity and execution.

9.2    In case any type of discrepancy or compliant occurs between the parts in relation with the fulfillment or the content of the present General Conditions, the parts will negotiate in good faith to try to resolve the discrepancy or complaint in the maximum period of one (1) month counting from the date that any of them formally notifies to the other that the discrepancy has come up or notifies the complaint. For the case in witch the discrepancy or the complaint does not get resolved in the maximum indicated period, the parts, with expressed renunciation to any jurisdiction that could correspond to them, submit the decision of the issue propounded to the Arbitration Institution of the Spanish Association of Technological Arbitration (ARBITEC), to whom is commended the administration of the arbitration and the designation of the arbitrators in accordance with its Regulations and Statues. 

Anyway the parts are obligated to accept and comply the decision contended in the arbitral award that is dictated. If the arbitration did not take place of mutual agreement or gets declared invalid, both parts will be subject to the Courts and Tribunals of Madrid, with renouncement of their own jurisdiction, if it was another.


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