TERMS AND CONDITIONS OF USING
OUR WEBSITE WINESBACCHUS.COM
1.1. These terms and conditions regulate the use of our website winesbacchus.com (hereinafter the "Website"). The website is owned by SPECTR MAX, SOCIEDAD LIMITADA, CIF / NIF: 00B01609031 (hereinafter "Wines Bacchus").
1.2. By using our website, you accept these terms and conditions in full scope; accordingly, if you do not agree to these terms or any part thereof, you should not use our website.
1.3. If you register on our website, send any material to our website, or use any of our website services, you agree to these terms and conditions and become a user.
1.4. You should be of legal age in your country of residence to use our website; By using our website or agreeing to these terms and conditions, you guarantee and represent that you are of legal age. If we receive notice or reasonably believe that someone who is under the legal drinking age has provided us with personal information, we will immediately delete the account and all personal information provided to us.
1.5. Our website allows users to browse, buy, rate and view ratings and information about alcoholic products (hereinafter the "products"). The website also allows users to communicate with other users, leave reviews and product ratings.
2. Your rights and options as the website user
2.1. The user has the option to assign a geotag while viewing products as a public user. The user may control the visibility of this information in the profile settings.
2.2. The website users are entitled to familiarize with various product reviews, evaluate and view product ratings, as well as buy the products.
2.3. Every user has the right to leave feedback on products. The reviews should meet all applicable ethics rules. Otherwise, the reviews will be deleted.
2.4. Any user may purchase Twin bonuses on our website as much as 500 units to begin with. The bonuses may be used to pay for goods presented on our website, including those from the "Exclusive" section. The bonuses shall not be repayable to the card or otherwise refundable regardless of purchase method.
2.5. The bonuses owner will not have the opportunity to send them to the third parties.
2.6. The user may exchange the bonuses to euros or euros to bonuses in his/her personal account in the "wallet" section, at the exchange rate established by the website.
2.7. The user may use the service, namely, replenish his/her wallet in euros by direct card transfer or in another available way. With the positive balance in the euro wallet, the user may exchange euros to bonuses, at the established exchange rate of the website. The user may check the current exchange rate in the personal account, "Wallet" section.
2.8. All privileges and bonuses for purchasing Twin, indicated on the page of our website https://winesbacchus.com/twins, are available only in case of the one-time purchase of bonuses to the amount of 500 bonus units minimum.
2.9. With the positive Twin balance, the user may exchange Twin to bonuses, at the established exchange rate of the website. The user may check the current exchange rate in the personal account, "Wallet" section.
2.10. The Twin cost rate is changed by the website administration and it does not depend on anything.
2.11. The user has the right to place on auction any goods stored in his/her virtual cellar.
2.12. In case of re-auctioning of the same lot, several times within 24 hours, the website administration is entitled to block the user's account for 24 hours. In case of repeated violation of the website rules, the blocking period may be extended.
2.13. The payment for the lot is made by correspondence between the seller and the buyer via the personal chat and exchange of payment details in it to make money transfer for the goods. To complete a transaction, the buyer, when transferring the money, needs to click on “I paid” in the chat, and the seller, when receiving payment, shall click on “payment received”. The shipping costs are not included into the lot price. The Payment of customs duties and taxes that the user may encounter upon receipt of the goods is not included into the cost of payment for the lot or delivery.
2.14. The purchased lot is put in a virtual cellar, from where the user may ship it to the address as soon as delivery is formalized.
2.15. Each user can purchase a Winebox Subscription in the "Subscription" section on the page at https://winesbacchus.com/subscribe. The purchased subscription is non-refundable.
2.16. The information on the upcoming Winebox that subscribers will receive is updated every month on the 10th day on the website in the "Subscription" section on the page at https://winesbacchus.com/subscribe.
2.17. The Winebox subscription may include a set of three bottles of any type of alcohol. The amount of the three bottles included into the shipment to the subscribers is not fixed and does not depend on any factors.
2.18. The customs duties and taxes, which the user pays at the tariffs of his/her country, are paid separately by the user upon receipt of a set of three bottles of Winebox.
2.19. Products are shipped on the 10th day of each month. If the user ordered products on the 10th day, then the shipment will be performed on the 10th day of the next month.
3. Responsibilities of the user
3.1. The user is obliged, at any time:
3.1.1. To provide to us the correct user account information containing the name, address, email, etc.
3.1.2. To respect and be bound by these terms and conditions.
3.1.3. To avoid publishing the personal data relating to himself/herself or others, including, in particular, the special categories of data (such as information about human health, addiction or allergies) or transferring any content that is offensive, inappropriate or illegal, or otherwise contrary to these Terms.
3.1.4. To avoid publishing any content that violates the rights of another person (including the intellectual property rights, as well as rights of privacy and publicity).
3.1.5. To verify the faithful representation, accuracy, relevance, completeness of the information provided by the user through our website. Failure to comply with this rule may entail deactivation of the user's account.
3.2. The use of the website may be prohibited or restricted in certain countries. The user shall be held liable for compliance with the laws and regulations of the territory which the website is accessed from.
4. Restriction of user rights
4.1. The user is not entitled to:
4.1.1. Use our website in any way or take any action which causes or may cause harm to the website or impair the performance, availability, integrity or security of the website;
4.1.2. Use our website in any way which is deemed to be illegal, fraudulent or harmful, or is connected with any illegal, fraudulent or harmful purpose or activity;
4.1.3. Hack or otherwise interfere with our website performance;
4.1.4. Investigate, scan or test the vulnerability of our website without our permission;
4.1.5. Revolve any authentication or security systems on our website;
4.1.6. Use our website to copy, store, host, transmit, send, use, publish or distribute any materials which contain (or are related to) any spyware, computer virus, trojan, worm, keystroke logger, rootkit or other malicious computer software;
4.1.7. Perform any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data collection) on or in connection with our website unless we explicitly agree in writing;
4.1.8. Use the data collected from our website for any direct marketing activity (including but not limited to email marketing, SMS marketing, telemarketing and direct mail);
4.1.9. License, sell, rent, transfer, assign, reproduce, distribute, host or otherwise use the website or any part of the website;
4.1.10. Crop or use cropping techniques to use the trademark, logo (including images, text, page layout or shape) of our website and the Wines Bacchus logo ⓒ;
4.1.11. Use any meta tags or other "hidden text" using the name or trademarks of our website;
4.1.12. Modify, translate, adapt, merge, create derivative works from, disassemble, decompile, redesign or reconstruct any part of the website;
4.1.13. Use any manual or automated software, devices, or other processes (including, but not limited to, spiders, robots, scrapers, scanner programs, avatars, predictive data analytics tool, and materials indexes lists, but not caches or archives of the materials);
4.1.14. Use the website to create a similar or competitive website, application or service;
4.1.15. Copy, reproduce, distribute, republish, download, display, post any part of the website in any form or by any means;
4.1.16. Remove or destroy any copyright notices or other proprietary markings contained on the website.
4.2. We reserve the right to suspend or restrict access to our website, parts of our website and/or features of our website. We may, for example, suspend access to the website during the server maintenance or in case of the website updating. You should not override or attempt to override any access restrictions tools on the website.
5. Registration and accounts
5.1. In order to get access to the website features, you should register as a user of the website by creating an account.
5.2. You should not allow other people to use your account to access the website.
5.3. You should immediately notify us in writing if you become aware of any unauthorized use of your account.
5.4. You should not use another person's account to access the website unless you have that person's explicit permission to do so.
5.5. You are solely responsible for any content of the reviews, posting the photos and information available on the website and accessible to the public.
5.6. You are solely responsible for any interaction with other users or other third party providers on our website.
6. Rules applicable to your content
6.1. You warrant and represent that your content will meet these terms and conditions.
6.2. Your content should not be illegal or unlawful, neither it violates the legal rights of any person, and results into legal action against any person (in each case in any jurisdiction and under any applicable law).
6.3. Your content and use of your content on our behalf in accordance with these terms and conditions should not:
6.3.1. Be detractive or maliciously false;
6.3.2. Be indecent;
6.3.3. Infringe any copyright, moral right, database right, trademark right, design right, transfer right or other intellectual property right;
6.3.4. Breach any right of trust, privacy right or right stipulated by the data protection law;
6.3.5. Represent encouraging to commit crimes, instructions to commit a crime, or encouragement of criminal activity;
6.3.6. Show contempt of any court or violate any court order;
6.3.7. Violate the laws of racial or religious hatred or discrimination;
6.3.8. Be pornographic, indecent, suggestive or explicitly sexual;
6.3.9. Be untruthful, false, inaccurate or misleading;
6.3.10. Consist of or contain any instructions, advice or other information which may be taken into account and which, if they are considered may cause illness, injury or death, or any other loss or damage;
6.3.11. Appear as junk email;
6.3.12. Be offensive, misleading, fraudulent, threatening, abusive, harassing, antisocial, threatening, hateful, discriminatory or inflammatory;
6.3.13. Cause annoyance, inconvenience or unnecessary disturbance to any person.
6.4. Advertising content is not allowed save for the cases when you are a winery or retailer who is adding content to your page.
7. Orders for products placed on our website
7.1. Wines Bacchus does not process the orders for products placed on our website. Wines Bacchus does not sell alcoholic beverages. Wines Bacchus cooperates with several third party licensed sellers who sell alcohol through our website https://winesbacchus.com/.
7.2. Before placing your order for the products available on our website, Wines Bacchus determine the specific seller which will receive your order. The seller which we determined, will be the only party responsible for selling the alcoholic beverages to you. Each seller is responsible for meeting all applicable laws and regulations.
7.3. The provisions of this section govern your relationship with Wines Bacchus, but you should check the seller's website for additional terms or policies that may apply to your relations and products purchase from the seller.
7.4. By sending the purchase order request through our website your agree with all applicable policies of the seller. The seller's policy is provided upon your request using the "information" - "contact us" section.
7.5. As soon as you place the products purchase order request through our website, Wines Bacchus will forward your request to the seller.
7.6. If you want to cancel your order, you should notify Wines Bacchus by contacting us before the actual shipment of the products. Cancellation requests received by Wines Bacchus on Saturday and Sunday can be processed only on the next business day. The products shipment status can be tracked in your account. Once the status has changed to "shipped", the order cannot be canceled.
7.7. The seller, at its own discretion, may consider the cancellation requests after the products have been shipped, but the seller will not consider any cancellation requests which have been submitted more than seven (7) days after placing the purchase order request.
7.8. By placing an order request, you represent and warrant that you are of legal age and that the person who will receive the delivery is of legal age and able to accept delivery of alcoholic beverages. All deliveries of alcoholic beverages will require the signature of a legal age person (adult).
7.9. If your purchase order request is accepted by the seller, the seller will ship your order to the shipping address you have specified. We recommend to indicate the business or commercial address as the delivery address.
7.10. If an order cannot be delivered to the shipping address provided, the additional fees or penalties may apply. If you would like to pick up your order directly from the seller, please contact Wines Bacchus customer service for more information.
7.11. The seller may have the rules that will delay shipment of your order in extreme weather conditions (such as hot or cold temperatures that could damage your order). Some of our sellers will hold back your product shipment in case of extreme weather conditions. These sellers will inform Wines Bacchus on the delay and Wines Bacchus will contact the buyer to confirm on how to proceed.
7.12. The seller may suggest an option which allows the customer to pay for the additional costs for expedited shipping or provisions of the ice packs. Check the weather in your region as a guidance while making your purchase, and try to purchase at the time suitable for shipment. If it is very hot or cold in your region and you would like to delay the shipment date, please contact Wines Bacchus customer service. Please be aware that most of our sellers are not responsible for weather damaged products.
7.13 By entering your credit card billing information, you represent and warrant that you have legal right to use any credit cards operated in connection with any transaction initiated through the website. Wines Bacchus reserves the right to file the legal lawsuit against the individuals who attempt to fraudulently use the credit card billing information.
7.14 Wines Bacchus aspires to ensure the satisfaction of our customers with all products purchased through our website. If you received the wrong product or received the damaged product, please contact us immediately, having indicated your order number and explain the reasons for your dissatisfaction. We will consider the specific circumstances on an individual basis and make the decision in due time on whether the return request meets the eligible criteria. If the seller takes responsibility for an error or defect, he/she may either exchange the bottle(s) or refund the relevant amount. The return may not be approved upon expiry of 14 days period since the receipt date of your shipment.
7.15 You are eligible for a refund or replacement if your order arrives damaged or faulty, save for the damages caused by extreme temperatures. To be eligible for a refund or replacement, you should notify Wines Bacchus on your request and the reasons no later than seventy-two (72) hours upon receipt of your order. Wines Bacchus may, on behalf of the seller, require you to return the damaged products in the original packaging, or may require you to send the photographs or other proofs to as an evidence of the damaged order. The seller may reject your request for a refund or replacement if it is impossible to confirm that the damage to the order is the subject to refund or replacement.
7.16 If you would like to request a refund or replacement for any reason other than those described above, please refer to the seller's website for the seller's policies and contact information. Please note that the majority of the sellers will not accept return or refund requests based on the changes in the market prices. In addition, please note that most sellers will not accept the refund or replacement requests for damage caused by extreme temperatures.
8. Limited warranty statement
8.1. We do not warranty:
8.1.1. Completeness or accuracy of the information published on our website;
8.1.2. That the materials on the website are up to date;
8.1.3. That the website will operate without malfunctions;
8.1.4. That any service or product on the website is available.
8.1.5. We reserve the right to cease or change any services and products of our website, as well as to stop publication of our website, at any time at our sole discretion without notice or explanation.
9. Disclaimer and limitation of liability
9.1. To the extent that our website, the information and services on our website are provided free of charge, we shall not be held liable for any loss or damage whatsoever.
9.2. We will not be held liable to you for any losses resulting from any event or events beyond our reasonable control.
9.3. We will not be held liable to you for any business losses, including (without limitation) loss of or damage to profits, income, expected savings, business, contract, business opportunity or goodwill.
9.4. We will not be held liable to you for any losses or damage to any data, databases or software.
9.5. We shall not be held liable to you for any special, indirect or consequential losses or damage.
9.6. You agree that we have are concerned about limitation of personal liability of our officials and employees and, considering this concern, you acknowledge that we are a limited liability company.
9.7. You agree that you will not lodge any personal claims to our officials or employees in terms of any losses you may incur in connection with the use of the website (this, of course, will not limit or exclude the liability of the limited liability company itself for actions and omissions of our officials and employees).
9.8. The user acknowledges that Wines Bacchus assumes no responsibility for the goods, products featured on our website, as Wines Bacchus presents the website only as a platform where the users can browse and read the products reviews and recommendations, as well as buy products from various third party suppliers.
9.9. Wines Bacchus is the sole owner of the website and we are not obliged to run any background checks or qualification, nor any procedure, system or approval process relating to the users and/or website content.
9.10. Under no circumstances Wines Bacchus shall be (whether directly or indirectly) for any losses or damage incurred from communication between the users and possible third party suppliers.
9.11. Wines Bacchus is never responsible for errors on the website or core software, services or any information provided by the users. The website and all its features are provided to the user on "as is" basis.
9.12. The limitations and exceptions in this section shall apply to the fullest extent permitted by law.
10. Infringement of these terms and conditions
10.1. If you violate these terms and conditions in any way, or if we reasonably suspect that you have somehow violated these terms and conditions, we are entitled to:
10.1.1. Forward you one or several formal notices;
10.1.2. Suspend temporarily your access to our website;
10.1.3. Permanently ban your access to our website;
10.1.4. Initiate legal proceedings against you;
10.1.5. Suspend or delete your account on our website.
10.2. If we suspend, ban or block your access to our website fully or partially, you should not take any actions to override such suspension, ban or block, including but not limited to creation and/or use of another account.
11. Changes to the terms and conditions
11.1. We have the right to revise these terms and conditions from time to time.
11.2. We will forward you the written notification on any revision of these terms and conditions, and the modified terms and conditions will apply to the use of our website by you since the date of such notification; if you do not agree with the modified terms and conditions, you should stop using our website.
12. Legal validity of the provisions
12.1. If a court or other competent authority declares any provision of these terms and conditions as illegal and/or invalid, the remaining provisions will remain in effect.
13. Entire agreement
14. Laws and jurisdiction
14.1. These terms and conditions shall be governed by and interpreted in accordance with the Spanish law.
14.2. Any disputes over these terms and conditions shall be the subject to settlement in Tribunal d'Arbitratge Laboral (T.A.L.), Carrer d'Amadeu de Savoia, 2, 46010 València, Valencia.
15. Our contacts
15.1. The website is owned and managed by SPECTR MAX, SOCIEDAD LIMITADA, CIF / NIF: 00B01609031.
15.2. Our registered address is CL MARIANO BENLLIURE, 16. Esc. Piso 2 Pta. 16 46529 CANET D'EN BERENGUER, VALENCIA, ESPANA.
15.3. Please contact us:
15.3.1. By email email@example.com or telephone +34 698 488 453;
15.3.2. Using the contact form on our website;