These Terms and Conditions of purchase (hereinafter "Conditions"), regulate the use of access to the Website, owned by BORN BRANDS BCN, S.L. (hereinafter "Born Rosé"), through which the virtual store is made available to users (hereinafter "the Platform").
Acceptance of these Conditions implies a binding contractual relationship between the User and Born Rosé.
In compliance with the provisions of article 10 of Law 34/2002, of July 11th, on the Services of the Information Society and Electronic Commerce, the following identifying data of the owner of the Platform are exposed.
Social denomination: BORN BRANDS BCN, S.L.
Registered office: C/ Santjoanistes, 31 (08006, Barcelona)
Registration Data in the Mercantile Registry: Mercantile Registry of Barcelona, Volume 46771, Doc. 126, Page 530354, 1st Inscription
Company's registration number : B67371088
Email: firstname.lastname@example.org / email@example.com
The Born Rosé Platform offers its users (hereinafter "User" and/or "Users") the possibility of acquiring alcoholic beverages consisting of wines, as well as accessories and merchandising, such as ice buckets, coasters, coolers, bags and t-shirts (hereinafter, the "Product" and/or "Products"). The purchase of these products also implies sending them to the postal address indicated by the User.
When you place an order, you confirm that you agree with the Conditions and, therefore, declare that:
You understand and comprehend the Conditions set out here.
You are of legal age, over twenty one years of age, or, where appropriate, sufficient legal capacity to contract these services.
RANGE OF SERVICES
Born Rosé does not guarantee the level of operation of the Internet network. The service may not be available or be limited at any time and for any reason beyond Born Rosé's control, whether due to emergencies, connection overload, link failure, network equipment problems, transfers or signal strength. Born Rosé is not responsible for data, messages or pages lost or not saved due to performance problems due to the Internet service.
The User is aware, and voluntarily accepts, that the use of the services offered through the Born Rosé Platform, takes place in any case, under their sole and exclusive responsibility, for which the User will be liable for damages of any nature that Born Rosé may suffer as a result of the breach of any of the obligations to which it is subject by virtue of these Conditions, or of the applicable legislation in relation to the use of the services of Born Rosé.
In addition to the above, and to the extent permitted by law, and except for the provisions of these Conditions, in no case will Born Rosé be liable for personal, or accidental, special, direct or indirect damages, including, without limitation, damages for loss of profits, loss or failure to obtain employment, loss of data, business interruption or any other commercial damage or loss, related to the use or inability to use the Platform, regardless of the cause or the theory of liability (contractual or tort or any other) and even if the user has been warned of the possibility of such damages.
To register as a User on the Platform, and be able to be contractually bound, the User must be at least 21 years of age, or, where appropriate, have sufficient legal capacity to be able to sign this contract.
To become a Born Rosé User, you must register as such, through the Platform in the section “Account” and complete the registration form incorporated for this purpose, in which you must include your full name and email address, as well as an access code (password). The password is personal and non-transferable and may be modified by the User at any time after registering as such on the Platform.
Once the User has completed the registration form, they will receive in the email provided, the confirmation of registration on the Platform.
In the event that you have already made a previous purchase on the Platform, you can enter in the “Log in” form, your email address and password, and you can access your account without having to re-enter all your data.
Based on the foregoing, the User guarantees that the personal data provided is true and accurate, and undertakes to notify Born Rosé of any change or modification thereof.
In the event that the User provides any false, inaccurate or incomplete data or if the Company considers that there are well-founded reasons to doubt the veracity, accuracy and integrity of the same, access and present or future use of the Platform may be denied or of any of its contents and/or services.
HOW TO MAKE A PURCHASE
Registration on the Platform will not be necessary to purchase the Products. However, for the formalization of the purchase you must complete the "Purchase form”, where you will provide us with the necessary information for the processing of shipping the product.
Likewise, you can ask us to save your information in order to expedite your future purchases with Born Rosé.
In the event that you are registered on the Platform and/or have made a previous purchase on this website, and have requested Born Rosé to keep your data, you can enter in the “Do you already have an account?” form, your email address and your password, and you can purchase the Products without having to re-enter all your data.
All selected products will be immediately included in the section “Shopping cart” where the User can make any modification. The prices of the products offered on the Platform will appear in euros, with all taxes included, except for shipping, handling, packaging, shipping insurance or any other service purchased, which will be calculated later and will be communicated to the User before formalizing the purchase.
If there is any type of offer related to a product, it will be correctly specified on the product's page in question.
Once the User considers correct the content of the “Shopping cart”, he must complete the “Purchase form” indicating the data in the shipping address section, this is the postal address where you want to receive the order of the products, as well as the full name of the person receiving the order and their telephone number.
Once the contact information has been confirmed, the User must include the data of the credit or debit card (or other method) for the corresponding payment of the products and corresponding shipment, as well as the billing address.
If the User has a discount code, they must enter it in the section provided for this purpose by Born Rosé before proceeding to pay for the Products.
Once the payment is made, the User will receive an order confirmation email, which will include a summary of the items purchased, the total value paid and the delivery address.
PROCESSING OF PERSONAL DATA
The User agrees to comply with these Conditions.
Users are fully responsible for the access and correct use of the Platform and its contents, subject to current legislation, as well as the principles of good faith, good customs and public order.
Likewise, the User undertakes not to defame, store, disseminate from the Platform or on the Platform content, material or information of a pornographic, threatening, xenophobic, violent nature, that violates race, sex, religion and/or ideology or against morals, public order and fundamental rights, as well as, against public liberties, honor and privacy.
Users will refrain from using the contents of the Platform for illicit purposes or effects that are harmful to the rights or interests of third parties, or in any way may damage, disable, affect or deteriorate the Platform, its contents and its services. Born Rosé reserves the right, without prior notice, to exclude from its records those Users who it considers make inappropriate use of the Platform or considers that they do not comply with the conditions of this document.
Similarly, the User agrees to safeguard their password which allows the use of the services provided on the Platform, and undertakes not to assign its use to third parties, personally assuming responsibility for any damage derived from the improper use of the password or the use of the Platform.
On the other hand, and taking into account the nature of the service offered through the Platform, the User can purchase alcoholic beverages. In this sense, the User declares that he is of legal age, over twenty one years of age, or, where appropriate, has sufficient legal capacity to contract these services.
In the event that the User detects a defect in the purchased product (i.e. it arrives broken and/or the liquid is affected) and considers making use of the product's warranty, the User agrees to report said defect at the time it is detected.
LIMITATION OF LIABILITY OF BORN ROSÉ
Born Rosé is not responsible for the use that the User makes of their password and/or access code to the Platform. The password information is specific to each User, and it cannot be shared with other people. Where appropriate, the User is responsible for the use of their password by others.
Born Rosé, will not be responsible for any incident in the delivery or reception of the products purchased on the Platform by mistake at the postal address provided by the User. In this case, the User must contact the company via email at firstname.lastname@example.org as soon as possible. Consequently, the company will take all the actions that are possible to carry out any modification.
In the event that a change of postal address is requested once the package has been dispatched, the modification of the postal address of the order will have a surcharge equivalent to the shipping cost.
It may occur that at the time of purchase any of the products offered through the Platform may not be in stock. In this case, the User will be informed.
PRICE AND PAYMENT
The price for the different products that the User can purchase on the Platform will always appear in dollars ($) and include the corresponding taxes. Shipping costs will appear separately and will not be included in the price. You can check the shipping cost rates here:
If we have charged you with a different price for an item than the one that appears on the Platform, please send us an email to the following address: email@example.com, along with the delivery note and/or purchase receipt. From Born Rosé we will try to solve the incident in a period not exceeding 48 hours.
If we have charged you for an item more than once when you have only purchased one unit, please send us an email to the following address: firstname.lastname@example.org, along with the delivery note and/or purchase receipt. From Born Rosé we will try to solve the incident in a period not exceeding 48 hours.
The User must make the payment of the products through our payment methods. These are: through PayPal, through our Stripe payment platform or by credit and/or debit card (VISA, MasterCard, American Express and other international credit cards). In any case, payment through these methods will be made through a secure payment platform.
The User will receive through the email address provided for this purpose, a receipt which will include all the data related to the purchase of the products. The voucher will be issued when the order is paid and confirmed and will be issued once the purchased product has been shipped.
SHIPPING AND DELIVERY OF THE PURCHASE
The User must indicate an address where he wishes to receive the products purchased. We recommend to use an address where it is ensured that someone can receive the package during business hours.
No shipments can be made to PO boxes.
Shipments are only made in Spain (Iberian Peninsula and Balearic Islands) and Portugal (es.bornrose.com). For EU shipments outside of Spain and/or Portugal visit: www.bornrose.com, uk.bornrose.com for shipments to the UK (England, Scotland & Wales) and us.bornrose.com for shipments to the United States.
Once the purchase is completed, a confirmation email will be sent to the email address provided.
All US shipments are made by the courier company FedEX, in charge of delivery and transport.
In the event that a change in the delivery address is requested, once the package has been dispatched, this will have a surcharge equivalent to the shipping cost.
The User will receive the purchase based on the time of payment. The delivery time for orders is 24 to 48 hours. In case of an incident in the delivery of the order, Born Rosé or the courier company will inform the user by email, immediately.
The User can calculate the estimated delivery date during the purchase process, through the form provided for this purpose.
However, delivery times may be affected in times of high sales volume. In this case, the User will be informed by email.
Upon delivery of the order, the User or the person authorized to receive the purchase, must sign a delivery note or receipt (ticket) where the products purchased will appear. In this sense, the User is recommended to review the content of the purchase, in order to validate the delivery note. Especially, the review of the purchase is recommended in case of having purchased sealed products (alcoholic beverages).
It may be the case that at the time of delivery and according to the time agreed with the User, the latter, or the person designated to their interest, without prior notice to Born Rosé, is not at the indicated address. In this case, the User must contact the courier company and coordinate a new date for the delivery of the order.
The User can cancel the order by sending an email at email@example.com informing about such.
The cancellation of the delivery of the product can be made without any penalty until 11 a.m., the same day of purchase or the next business day. In this case, Born Rosé will make the refund through the same means of payment used for said amount within a period not exceeding 24 hours.
In the event that the User wishes to cancel the order after 11 a.m., on the same day of purchase or the next business day, the User will receive all the amounts paid reimbursed, discounting, where appropriate, the expenses that would have accrued for the transport and return of the purchase and/or for the preparation of the purchase within a period of 24 hours.
All the products of the Born Rosé Platform meet all the legal guarantees of the manufacturer, as well as the certificates and authenticity allowed in the European Union and Spain. However, Born Rosé is not responsible for the misuse or lack of maintenance of the products by the User.
RIGHT OF WITHDRAWAL AND RETURN POLICY
Right of withdrawal
You can exercise your right of withdrawal from the moment you receive the order. The user has a period of 14 calendar days to return the purchase, as long as it is not sealed products (alcoholic beverages), of which the user does not have the right of withdrawal, for the following reasons:
After removing the seal, they are not suitable to be returned for reasons of health protection or hygiene.
If the product maintains its seal intact, the User may return all the products of the order or only some of them during the first 14 calendar days following the date of receipt of the order, without penalty and without the need to indicate the reasons. For this, the products must be presented in perfect condition, without unsealing and unused and with all its content.
Return and/or replacement
The User may request the return or replacement of the product, if the bottle arrives broken and the liquid is affected. In any of the cases, it is essential that the products subject to a return or replacement are in perfect condition and without obvious signs of use. Otherwise, no return or replacement can be made.
It is the User's responsibility to provide adequate packaging for the items to arrive correctly. If the items are received in poor condition, we will not be able to make the requested return or replacement.
In case of opting for the return or replacement of any defective or in poor condition, the User must immediately contact Born Rosé through the email firstname.lastname@example.org, informing about which product or products present the defect or bad condition.
Consequences of exercising the right of withdrawal and/or returns
The price to be returned is the one that was originally communicated in the order confirmation and has been paid by the User, only discounting the amount derived from the collection of the purchase. In the event that there are shipping costs, they will only be returned if the total order placed is returned.
Born Rosé will not refund the amount or make any redelivery of merchandise until the receipt and status of the product, packaging and/or accessories of the item being returned or exchanged has been verified.
As a general rule, the amount reimbursed will be according to the initial payment method made by the client and will be made within 14 calendar days from when Born Rosé is unequivocally informed of the withdrawal of the purchase.
In the case of defective products or being in poor condition, as long as said circumstance is attributable to Born Rosé, the costs generated by the collection will not be applied to the User.
In the case of defective products or being in poor condition, as long as said circumstance is attributable to Born Rosé, the User may choose between demanding the replacement of the product or the termination of the contract.
Occasionally, we may offer discount codes on the Products offered on the Platform. All the of the discount's characteristics, that is, the discount percentage, the expiration date of the code, as well as any particularity related to the code and/or its restrictions, if applicable, will be indicated directly in the discount code provided.
Said discounts may only be applied in accordance with the instructions specified by the Platform with respect to each code, and in any case, Users may only use a single code per order. The use of discount codes will not be compatible with certain promotional actions and collections.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The contents related to the Born Rosé brand, domains, logos, drawings or documentation, including software, computer programs, or any element that may be subject to protection by the Intellectual or Industrial Property legislation, which may be accessible to Users, are the property of Born Rosé and all rights of use over them are expressly reserved.
You may make use of said material only in the way that Born Rosé expressly authorized it or those who granted us a license for its use.
Any improper use of the service or its obligations by the user may, at Born Rosé's discretion, result in the cancellation of the user's account, or suspension of the service until the incident is resolved, if applicable.
Likewise, the user undertakes not to withdraw, delete, alter, manipulate or in any way modify:
Those notes, legends, indications or symbols that, either Born Rosé or the legitimate owners of the rights, incorporate into their properties in terms of Intellectual or Industrial Property (such as, for example, copyright, ©, ® and ™, etc.).
The technical protection or identification devices that the material object of Intellectual or Industrial Property may contain (such as, for example, watermarks, digital prints, etc.).
The User acknowledges that, by virtue of these Conditions, Born Rosé does not assign or transfer to the user any Intellectual and/or Industrial Property rights, or any rights of third parties. Born Rosé only authorizes the user to access and use them in accordance with the terms indicated in these terms and conditions.
Users are not authorized to copy, distribute (including emails and the Internet), transmit, communicate, modify, alter, transform, assign or, in any other way, carry out activities that involve the commercial use of Intellectual Property rights and/or Industrial, either partially or totally, without the express consent, granted in writing, of the legitimate owner of the exploitation rights.
Access and use of the Platform will always and in any case be for strictly personal and non-commercial purposes.
Born Rosé reserves all Intellectual and/or Industrial Property rights that correspond to it, including any authorization and/or license.
Born Rosé does not grant any other license or authorization of use to the User regarding Intellectual and/or Industrial Property rights other than the ones expressly detailed in this clause.
Born Rosé reserves the right to terminate or modify at any time and for any reason, the licenses granted under these terms and conditions. Without prejudice to this, Born Rosé may take legal action against any use by the user that:
Is not in accordance with the Conditions of Use specified here;
Breaks or violates the rights of Intellectual or Industrial Property, image or other analogues of the Company or of any other legitimate third party; or violate any applicable regulations.
In case of claim for any reason or query related to Born Rosé, you can contact us at email@example.com. Born Rosé, for its part, will make sure to meet your request within a period of no more than 72 hours.
Once this communication has been initiated, the Company will work together with the User to collect the necessary information about their claim and/or incident. Likewise, Born Rosé makes available to the User a claim form that can be accessed through their Profile.
INDEPENDENCE OF CLAUSES
If any of the clauses of these Conditions were voidable, it will be considered not put. Said declaration of nullity will not invalidate the rest of the Contract, which will maintain its validity and effectiveness between the Parties.
These Conditions will be regulated by Spanish legislation, which will be applicable to what is not provided in these in terms of interpretation, validity and execution. In the event that any conflict or discrepancy arises in the interpretation and/or application of the Conditions, the competent Courts will be those that have the applicable legal regulations regarding the competent jurisdiction of consumers and users.
Likewise, the user may amicably resolve incidents that may occur during the contractual relationship through the Platform promoted by the European Commission, in the following link.
MODIFICATION OF THE TERMS AND CONDITIONS
Once you receive the relevant notification about the modification of the Terms and Conditions, you may terminate your contract prior to the date on which the new Terms and Conditions come into force or you may choose to continue your access and use of the Platform.
Publication Date: August 20th, 2021