1 Legal and privacy

Legal terms & privacy

This platform is operated by Dotwine, SL, and under the brand index.wine. Dotwine, SL, NIF B75226795 and has its address at Juan Fermín Gilisagasti 2. San Sebastián 20018 Gipuzkoa.

The present general terms and conditions are applicable to every section of index.wine, of whatever nature, unless this applicability is fully or partly expressly excluded in writing and/or unless expressly stipulated otherwise.

By visiting index.wine or purchasing from index.wine, you engage and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced here and available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

Article 1 – Store terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. The sale of alcoholic beverages to minors under 18 years of age is prohibited.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

We do not allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.

A violation of any of the Terms will result in an immediate termination of your Services.

 

Article 2 – General conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your data, may be transferred unencrypted over various networks to conform and adapt to technical requirements of connecting networks or devices. (This does not include  your credit card information.)

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

Article 3 – Information

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

Article 4 – Prices

We will no be responsible to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

Prices for our products are subject to change without notice.

 

Article 5 – Products

Products or services may be available exclusively online through the website. These products or services may have limited quantities.

We have made every effort to display as accurately the description of the products on the website. It is your responsibility to ask for additional information if needed.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Article 6– Commercial Terms

We sell wine internationally under the incoterm rule DDP (Delivered Duty Paid). For that matter we are responsible for all costs associated with the delivery of goods to the named destination, both export and import duties, taxes, and fees.

The wine we sell has a duty paid status because the excise duties have already been paid in the Country of departure of the goods and no duty suspensive regime is applied. In this case the wine we sell can be used for commercial uses. 

We operate under registered certifications both for export and importe duties as ruled in Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty and Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax

We comply the administrative excise duties at the EMCS: European computer system for the exchange and processing of electronic administrative documents on the movements of excise goods.

 

Article 7– Shipping 

The country or countries where the shipping is available from each winery is indicated in the winery page. We ship globally to France, Italy, Belgium, Sweden, Denmark, Netherlands, Finland, United Kingdom and Switzerland. Not every winery ship to all countries in this list.

We ship via UPS with a special negotiated rate. The cost of the shipping for each specific order is reflected with each order.

We don't offer next day deliveries, express shipments, goods are sent on a fixed schedule. The upcoming shipping period for each individual winery can be found at the bottom of their profile page.

Normally all orders ship within 15 to 30 days of being placed and arrive within two or three days depending on the destination. Shipping is not planned during the summer months (June, July and August). Orders placed during these months are shipped in September, weather permitting. 

  

Article 8 – Billing, taxes and returns

The wine will be invoiced to the buyer on the basis of the product prices shown in the platform. The prices shown are VAT excluded.

If your business's national VAT number is registered on the European VIES System or the United Kingdom's HMRC services VAT shall be exempt from all sales.

If it's not, you can still purchase from index.wine with Spain's 21% VAT applied. 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Given the nature of the business provided, returns are not accepted. If the product received does not match with the product that was purchased, the corresponding exchange or  compensation would be made.

 

Article 9 – Omissions, inaccuracies and errors

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

Article 10 – Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Any features or new tools included in the website in the future shall also be subject to these Terms of Service.

 

Article 11 – Prohibited uses

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, to submit false or misleading information, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, crawl, or scrape,for any obscene or immoral purpose or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

Article 12 – Warranties and responsibility

index.wine will not be responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of responsibility for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

Article 12 – Validity

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Article 13 – Termination

These Terms of Service are effective unless and until terminated by either you or us. 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

Article 14 – Agreement

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

Article 15 – Law

These Terms of Service and any separate agreements will be governed by and construed in accordance with the laws of Spain.

 

Article 16 – Changes

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

You can review the most current version of the Terms of Service at any time at this page.

 

Article 17 – Privacy

 

Section A. Personal data and  consent

It refers to any information or data that can identify you directly or indirectly. The Personal Data includes information such as the name, surname, e-mail address or postal address, amongst others. It could also include unique numeric identifiers such as the IP address of your computer, as well as the information we obtain through cookies.

This privacy policy covers all personal data collected and used by Dotwine, SL. 

The user guarantees that the Personal Data provided is true and accurate and undertakes to notify any change or modification thereof. Any loss or damage caused to the Website, to the Data Controller or to any third party through the communication of erroneous, inaccurate or incomplete information in the registration forms will be the sole responsibility of the user.

We may gather or receive your data through our website, forms or social network websites, amongst others. In some cases, you provide us with your Personal Data directly (for example, when you contact us or you register at our website), or in other cases we collect them (for example, using cookies to understand how you use our website).

Related to our digital mail communications note that they are for business purpose only, not personal,  and we only pursue that companies and individuals to whom we write to be informed about the wine allotments availabilities and wineries that may be of their legitimate interest because of the nature of their business. By pursuing their legitimate interests the rights and freedoms of the companies and individuals are not impacted. As referenced in the General Data Protection Regulation (GDPR) in EU and UK. 

>>> At any time there is an option to opt- out from our business to business comunications following this link.

 

Section B. Purposes and duration

When you make an order, you will need to complete a form with your full name, email address, postal address and your credit or debit card number.

We collect the mentioned personal data to provide the services correctly, execute the contract of sale that you have contracted with us and manage your orders, payments and send the products you have purchased to the indicated address, contact you in relation to updates or informative communications related to the functionalities and / or contracted products, answer any questions or queries you may have regarding your orders, manage any dispute related to your purchases.

Manage possible returns once the purchase has been made and sending our newsletter, informative communications and advertising regarding our products, including by electronic means (e-mail, SMS, WhatsApp), in case of acceptance.

The processing of your data is necessary for the execution of the terms that regulate the use of the website, as well as for the execution of the contract of sale.

We will treat your data as long as it is necessary for the correct provision of the services, as well as during the minimum time necessary to comply with our legal obligations and for business purposes.

For your security, Dotwine, SL has a payment method through a secure payment gateway through. The bank data that you provide is encrypted and transmitted to the servers of the bank. Afterwards the data is verified with the issuing bank to avoid fraud.

We collect your E-mail address for sending our newsletter, informative communications and advertising regarding our products, including by electronic means.

Your consent through the registration in the newsletter form is until you revoke the consent and request the withdrawal of the service.

We will send you emails from info@index.wine and contact@index.wine to answer your requests for information, attend your requests and respond to your queries or issues. 

We will keep your email direction until your request is answered by e-mail, if you have not generated a new treatment. We may keep your personal data for legal purpose, including to assert our rights (for example, to claim our rights in front of a Judge) or for historical and statistical purposes.

Once we do not need to use your personal data, will delete it from our systems and registers. Obligation to provide us with your personal data and consequences of not doing so.

The personal data requested is necessary in order to manage your requests and/or provide you with the services that you may contract, whereby if you do not give this to us, we will not be able to correctly attend to you or provide you with the service you have requested.

We reserve the right to register your personal data and information on our data base.

 

Section D. Recipients

Your personal data may be communicated to:

Financial Entities

Third parties that provide us with IT services, such as platform providers, housing, maintenance and support services for our databases as well as for our software and applications that could contain data related to you.

Third parties that help us provide digital services, such as CRM, web analytics and search engine.

Advertising, marketing and digital medium agencies and social networks in order to help us offer ads, marketing and campaigns, as well as to analyse their effectiveness and to manage relations and queries.

Transporters for the shipment of the purchased products.

Third parties for compliance with a legal regulation.

 

Section E. Rights

To request your Rights you can send us a written document addressed to the Responsible of the treatment sent to its postal address or email address (given in Section A, writing “Personal Data” in the subject line, and specifying the right wished to be exercised and with respect to which specific personal data.

In the event of disagreements with the company in relation to the processing of your data, you may submit a claim with the Spanish Data Protection Agency (www.agpd.es). 

Likewise, you can exercise the following rights:

Request access to your personal data or rectification when they are inaccurate.

Request their deletion when, among other reasons, the data is no longer necessary for the purposes for which they were collected.

Request limitation of your treatment in certain circumstances.

Request opposition to the processing of your data for reasons related to your particular situation.

Request the portability of the data in the cases provided for in the regulations.

Any other right recognized In the law.

 

Section F. Updates

You have to inform us of any change regarding your personal data information. However, be aware that we do not answer about the veracity of your personal data information.

 

Section G. Security

With the aim of safeguarding the security of your personal data, we inform you that we have adopted all the necessary technical and organizational measures to guarantee the security of the personal data supplied of your alteration, loss and unauthorized access or treatments.

 

Section H. Cookies policy

This web site uses cookies of its own as well as third party cookies in order to function correctly, obtain information about the traffic or remember the actions and preferences of the users for later moments. Cookies allow us, among other things, to store and retrieve information about the browsing habits of a user or their equipment and depending on the information they contain and the way they use their equipment, they use it to recognize the user.

The cookies used by Dotwine, SL or a third party acting on its behalf, are associated only with an anonymous user and your computer, and we do not store sensitive personal identification information in the cookies we use.

Thanks to the cookies, it is possible for index.wine’s server, or of the third party acting on its behalf, to recognize the browser of the computer used by the user in order to make navigation easier. They are also used to measure the audience and traffic parameters, monitor the progress and the number of entries.

In the same way, index.wine’s web site servers will automatically detect the IP address and domain name used by the user. All this information is later recorded in a server activity file that allows the subsequent processing of the data in order to obtain statistical measurements that allow knowing the number of page impressions, the number of visits made to the Web services, etc. In any case, said file is subject to dissociation processes that prevent the identification of the users’ machine.

Our web site uses its own and third-party cookies, with different purposes.

We use Google Analytics in order to collect information anonymously and compile trend reports for websites without identifying individual users. In this way, our website remembers information that changes the appearance or behaviour of the site. The provider of this cookie is Google.

We use Google AdWords to collect information anonymously and report on visits that arrive through advertising provided by Google AdWords without identifying individual users. In this way, our website sends information to Google to prepare reports of the marketing campaigns launched. The provider of this cookie is Google.

We use Google in order to collect information anonymously and report visits that arrive through advertising managed by Google without identifying individual users. 

In this way, our Platform sends information to Google to prepare reports of the marketing campaigns launched. The provider of this cookie is Google.

We use Facebook in order to collect information anonymously and report visits that arrive through advertising provided by Facebook without identifying individual users. In this way, our website sends information to Facebook to prepare reports of the marketing campaigns launched. The provider of this cookie is Facebook.

We can use cookies on your computer if you have previously given your consent, except in cases where the cookies are necessary for browsing the Platform.

Cookies that are not necessary for the use of our Platform, can be blocked or disabled through the configuration of your browser. If you block or disable them, you can continue using our Platform, although the use of some of your services may be limited and therefore your experience in our Platform less satisfactory.

If you wish to revoke your consent regarding our cookies policy, you must delete them on your device through the configuration of your Internet browsers.

 

Section I. Contact

If you have any questions or concerns about legal term and privacy should be sent to us at info@index.wine

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