1. Ownership of the GREEN FLAMINGO website
AFTERWORK COMPANY S.L. (hereinafter, “GREEN FLAMINGO”) with registered office at C. SARDENYA, 326 ENTLO 2º, 08025 BARCELONA, holder of C.I.F. B56222508, registered in the Mercantile Register of Barcelona, volume 48904, folio 126, page B 600400, Entry 1 is the owner of the website www.greenflamingo.es (hereinafter, the “Portal”).
GREEN FLAMINGO reserves the right to make any amendment – unilaterally and without prior notice – to the look and configuration of its Portal, as well as being able to temporarily or definitively deny access to it in the event of detecting, among other things, improper, fraudulent or irregular use of the Portal, or for reasons of force majeure.
2. Purpose of the General Conditions of Sale and their acceptance
The purpose of these General Conditions of Sale is to regulate the purchase, through the Portal (also accessible from the URL www.greenflamingo.es), by customers of GREEN FLAMINGO (hereinafter also the “Customer”) of the products offered by GREEN FLAMINGO.
To make online purchases, you must register on the Portal, as well as, at the same time, consult and accept these General Conditions of Sale.
Accepting these General Conditions of Sale will imply the express and total acceptance of each and every one of the General Conditions as they are shown on the Portal, as well as the specific conditions that, in your case, replace, complete and/or amend the present ones and of which you will be informed in each specific case, to which you will also have had access prior to confirmation. These conditions shall take precedence in the event of any conflict between them, and any subsequent changes to the clauses of the general conditions shall not apply to you.
The use of the Portal confers the status of website User and expresses full and unreserved conformity to each and every one of these terms and conditions, with respect to the version published at the time of access by the User, as they may be amended. The terms and conditions that were posted at the time the User makes use of the services provided will be considered valid.
The User declares to be of legal age and to have sufficient legal capacity to be bound by these terms and conditions, as well as to have read and understood their contents. Likewise, they expressly and without exception accepts that access to and use of this website and its contents takes place under their sole and exclusive responsibility.
3. Operations and online shopping service
3.1. Registration on the Portal
The first time you access the Portal to make a purchase, you must register as a user of the Portal, filling in the form provided for this purpose, and accept the General Contract Conditions expressly, in full and without reservation.
Once registered, you will be able to make all the purchases you wish, acquiring, from that moment the status of Customer of GREEN FLAMINGO’s services.
As a Customer, you must be of legal age and have sufficient legal capacity to make a contract, expressly accepting that access to the supermarket, the use of the information you obtain, as well as the use you make of it, are your responsibility.
3.2. Product range and availability
GREEN FLAMINGO guarantees the existence of all the products offered on the Portal, although, occasionally, we may not have some products available for all the Customers and in the volumes required by them at the time of placing the order. If, despite our efforts, the product is not available for delivery within the period indicated in the conditions of the offer, and it is the only one that would make up your order, we will inform you of this and cancel it, free of charge and refund the amount you have paid within a maximum period of 14 days.
Please contact our Customer Service for any questions you may have.
3.3. Sales prices
GREEN FLAMINGO guarantees that the prices that will be applied at all times are those in force on the Portal at the time of confirming the order, unless there is a clear material or human error. The prices include the VAT (Value Added Tax) in force at the time of accepting your order and applicable depending on the nature of each product.
3.4 Delivery of the goods
GREEN FLAMINGO will not dispatch any order until it has verified that payment has been made.
Delivery of the goods will be determined as follows:
3.4.1 Geographic coverage
The delivery area covers the whole of Spain, including the Balearic Islands, except the Canary Islands, Ceuta and Melilla.
If delivery of the goods is not possible, they will be deposited in a warehouse designated by the transport company for collection. The consumer will be notified of the delivery attempt and the address where they are deposited, as well as the period of time available for collection. If not collected within that timeframe, it will be returned to Green Flamingo at the purchaser’s expense.
For the purposes of these Conditions, it shall be understood that “delivery” has taken place or that the order has been delivered at the time when the Customer or a third party indicated by the Customer takes material possession of the products.
GREEN FLAMINGO shall not be liable for any errors and/or damages caused in the delivery when the address you have entered as the Customer does not exist or is incorrect.
3.5 Shipping costs
The prices of our products and services do not include transport costs, unless this is expressly stated in the specific conditions of each product. Likewise, the corresponding shipping costs will be stated at the time of purchase.
The shipping costs are as follows:
- Box of 4 bottles with a glass
- Mainland: €5.12
- Balearic Islands: €7.75
- Box of 12 bottles with a glass
- Mainland €7.14
- Balearic Islands: €12.26
- Box of 12 bottles without a glass
- Mainland: €7.06
- Balearic Islands: €12.06
Should you as a GREEN FLAMINGO Customer place two or more orders on the same day, involving two or more deliveries, shipping costs will be billed for each order placed.
3.6 Payment Systems
3.6.1 Credit or debit card
Since 1 January 2021, the European Directive on Online Payment Services PSD2 (Payment Service Directive 2) has been in force, which guarantees, by means of double authentication, that the person making the transaction is the cardholder or legitimate user of the card. This double authentication will be carried out by your bank, providing you with a code via SMS for you to enter on the form, although in some cases you will have to access your bank’s application to confirm the transaction.
3.7 Proof of purchase by e-mail
Immediately after the purchase is made, GREEN FLAMINGO will send you proof of purchase by email in the language used by you to place the order.
The proof of purchase will contain the list of products purchased.
In addition, you will have the proof of purchase for each of the orders made in the “My orders” section of the Portal.
3.8 Promotions
The promotions that are applied on the Portal are solely and exclusively those of the Portal itself, communicated either through the Portal or via email.
3.9 Service limitations
GREEN FLAMINGO undertakes to not allow any transaction that is illegal or may be considered so by the bankcard brands (Visa, MasterCard or others) or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them. In this respect, according to the programmes of the bankcard brands, the following activities are prohibited: (i) the sale or offer of products that are not in full compliance with all laws applicable to the Customer, GREEN FLAMINGO, Issuing Bank, cardholder(s); and (ii) the sale of alcoholic beverages to minors.
3.10 Returns, Incidents and Guarantees
Orders on the website cannot be amended or cancelled after dispatch. You can check the status of your order in the “My orders” section of your Portal user account and, in case of doubt or further information, you can contact Customer Services. The shipping costs in the event of a return shall be borne by the customer if they placed an erroneous order, except in cases of fraudulent or irregular use of the Portal by a user (for example, misappropriation of a user’s account reported to law enforcement agencies or the competent authority).
If a defective product is received, or any of the products ordered are missing or you receive a product that was not ordered, you must notify our Customer Services Department. The products supplied are subject to the legal guarantee in accordance with current legislation.
Exclusively in the event that the user/customer is a consumer, the right to full conformity of the products with respect to the contractual commitments acquired is recognised.
The consumer must inform GREEN FLAMINGO of any non-conformity in relation to the product by sending an email to info@greenflamingo.es.
3.11 Right of withdrawal
- You have the right to withdraw from this contract within 14 calendar days of delivery of the product, without the need for any justification.
- You can exercise your right of withdrawal by notifying GREEN FLAMINGO at C/ Sardenya, 326, Entlo. 2º, 08025 BARCELONA, telephone 654803246, and email at info@greenflamingo.es, of your decision to withdraw from the contract via an explicit statement. This communication exercising this right must be sent before the expiry of the corresponding 14 calendar day period.
- In the event of your withdrawal, we will refund you all payments received, including the delivery/shipping costs, without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from the contract. We will make said refund using the same means of payment used when making the purchase. However, we may withhold the refund until we have received the goods. In this case, you must return the products directly to us, after notifying our Customer Services Department by calling 654803246 or by email to info@greenflamingo.es, without undue delay and, in any case, within 14 calendar days from the date on which we were informed of your decision to withdraw from the contract. You shall bear the direct costs of returning the goods. Should we offer to collect the goods from the same address where the delivery was made, you must bear the cost of returning/collecting the goods, which will be deducted from the total amount to be refunded.
- You will only be liable for any reduced value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- The right of withdrawal shall not apply in the cases provided for in Article 103 of Royal Legislative Decree 1/2007 of 16 November approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example and without limitation, the following shall not have the right of withdrawal: personalised goods, goods with an expiry date or rapid deterioration, sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed after delivery.
- The right of withdrawal shall not apply if the product is not presented in perfect conditions, if the packaging of the product is not the original or is not in perfect conditions, if the product is open without being able to prove that it has not been used, in software applications that are directly downloaded through the portal or in personalised products or those which, for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right.
3.12 Capacity and legal age
By making the purchase, the user guarantees that:
- They have the necessary legal capacity to enter into binding contracts and are not under 18 years of age.
- Alcohol: in addition, the user acknowledges and accepts that in accordance with the provisions of Law 11/2010 of 17 December 2010 on the prevention of underage drinking, it is prohibited to sell alcoholic beverages to persons under 18 years of age, or by persons over 18 years of age to persons under 18 years of age;
- Purchases containing alcohol cannot be accepted for persons under the age of 18.
4. Language
The language in which the order will be processed will be English.
5. Force majeure
For the purposes of these General Conditions, force majeure shall be understood to mean, by way of example, but not limited to:
- Accidents and conflicts of war.
- Trade embargoes or embargoes of any kind.
- Fires, floods or earthquakes.
- Strikes, labour disputes or other social disorders that prevent the supply of products and, therefore, the fulfilment of GREEN FLAMINGO’s obligations.
- Shortage or general unavailability of fuel or electricity.
- Blockades and riots.
- Any governmental provision.
- Non-culpable events that are impossible to foresee, or were unavoidable if foreseen or foreseeable.
- Failures in accessing the Portal or in the electricity supply or telephone network.
- Damage caused by third parties or attacks on the servers that affect the quality of the services and are not attributable to GREEN FLAMINGO or the Customer.
- Failures in the transmission, dissemination, storage or delivery to third parties of the products and other contents of the Portal.
- Problems or errors in receiving, obtaining or accessing the Portal by said third parties.
The parties shall not be liable for any failure due to force majeure. The fulfilment of any obligation shall be delayed until the case of force majeure has ceased.
6. Data security and confidentiality
Registration on the Portal, as well as the purchase confirmation, is carried out via a secure connection through the Secure Socket Layer (SSL) protocol and the corresponding firewalls. This means that the information is encrypted and protected as it travels over the internet, guaranteeing the security and confidentiality of your personal data.
7. Responsibilities for the use of the Portal
As a user, you agree that access to and/or use of the Portal is at your own risk. This responsibility extends to the registration required to access the Portal. In this registration, you are responsible for providing truthful and lawful information. As a consequence of this registration, you will have a password for which you will be responsible, and which you undertake to use diligently.
GREEN FLAMINGO shall not be liable for any damages you may suffer as a result of third parties fraudulently using your password or by any other means gaining access to the Portal, unless you have informed us sufficiently in advance of the breach of security on your password.
Likewise, GREEN FLAMINGO shall not be liable for damages of any kind that may be caused by, but not limited to: inappropriate access and/or use of the Portal; lack of availability of the Portal or the transmission of viruses or malicious or harmful software in the contents, despite having adopted all the necessary technological measures to avoid this.
8. Intellectual and Industrial Property
GREEN FLAMINGO itself or as an assignee, is the owner of all the intellectual and industrial property rights of its Portal, as well as of the elements contained therein (including, but not limited to, images, sound, audio, video, software or texts; trademarks or logos, colour combinations, structure and design, selection of materials used, computer software necessary for its operation, access and use, etc.), owned by GREEN FLAMINGO or its licensors.
The reproduction, distribution, public communication, including making available, and transformation of all or part of the contents of this Portal, for commercial purposes, on any media and by any technical means, without the authorisation of GREEN FLAMINGO, is expressly prohibited. As a user, you agree to respect the Intellectual and Industrial Property rights owned by GREEN FLAMINGO. No link may be established to the Portal from any other website without the prior and express consent of GREEN FLAMINGO.
The domain name www.greenflamingo.es is owned by GREEN FLAMINGO S.L.
9. Customer Service
For any type of query, incidence or claim, contact our Customer Services through the telephone number 654803246, from 9am to 3pm from Monday to Friday. If you prefer, you can also send an email to info@greenflamingo.es
Additionally, pursuant to Article 14.1 of Regulation 524/2013 on online dispute resolution in consumer matters, there is an online dispute resolution platform provided by the European Commission, as well as the possibility of filing a complaint through them via the following link: https://ec.europa.eu/consumers/odr.
10. Personal data protection and use of cookies
You can get more information on these policies by accessing our Privacy Policy and our Cookies Policy.
11. Nature of the portal
The products offered on the online portal are aimed solely and exclusively at end consumers under the terms and conditions provided for in the General Law for the Protection of Consumers and Users, i.e. for the own use of the Customer or persons on behalf of whom they are legally entitled to act.
In this sense, any purchase request outside the parameters of an average consumer and/or mass requests for orders from the same purchaser and/or recipient may not be met.
12. Amendments to the General Conditions of Sale
GREEN FLAMINGO reserves the right to amend, develop or update these Conditions at any time, and may change, delete or add content and services provided therein, as well as the way in which they are presented or located on its Portal. As a Customer, you will be automatically bound by the Conditions that are in force at the time you access the Portal, so you should periodically read these Conditions.
Notwithstanding the above, GREEN FLAMINGO will not, without prior notice, make any substantial or unilateral amendment that could imply the existence of more burdensome and/or restrictive conditions for Customers, as well as the suppression of conditions or rights favourable to them. In such cases, you will be guaranteed the right of withdrawal.
13. Regulatory framework of the General Conditions of Sale
These General Conditions of Sale are subject to the Spanish legislation in force.
14. Denial and withdrawal of access to the shop.damm.com website
GREEN FLAMINGO reserves the right to deny or withdraw access to the website and/or services, at any time and without prior notice, on its own initiative or at the request of a third party, to those Users who do not comply with these Terms and Conditions or the applicable regulations.
15. Jurisdiction
In relation to any dispute that may arise from the interpretation or application of these General Conditions of Sale, the parties expressly submit to the jurisdiction of the domicile of the consumer, with Spanish law being applied.
