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Privacy Policy
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In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (“RGPD”), in Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights (“LOPDGDD”), as well as in any other applicable regulations on data protection, We provide you with extended information on the processing of your personal data in this privacy policy (hereinafter, the "Privacy Policy").
Identity: MARVIGO GROUP S.L.
Mailing Address: Juan Carlos I – 39, 6 – 07800 Eivissa (Balearic Island)
Phone Number: (+34)
Email: info@marvigogroup.com
At Flying Drinks we treat the information provided by interested persons for the following purposes:
(I) Manage the registration of users and be able to control the development and fulfillment of the contractual relationship maintained with them and, in this sense, provide the online sales service of the products offered through the website https: http://www.flyingdrinks.com. In particular, Flying Drinks will process the following categories of data and for the specific purposes specified below:
(II) Manage claims, as well as respond to queries that users may send in relation to the website or services;
(III) To send commercial communications, including by electronic means, about our products and services that we understand may be of interest to the user;
(IV) To manage your participation in contests and promotional activities carried out by Flying Drinks;
(V) To process information that we have obtained through cookies, as described in more detail in the Cookies Policy. Said treatments are fully subject to what is established in the aforementioned policy; and
(VI) Where appropriate, comply with the legal obligations that are applicable to Marvigo, such as those derived from tax regulations and the prevention of money laundering.
(VII) On our website, we use Google Analytics and Google Ads to better understand the needs of our visitors and to provide an optimized experience. Google Analytics helps us analyze user behavior on the site, which enables us to enhance our content and the navigability of the website. Meanwhile, Google Ads allows us to present our users with relevant and personalized advertisements. Both tools collect information through the use of cookies, ensuring the anonymity of the data and not personally identifying any visitors. For more information on how Google uses data when you use our sites or apps, you can visit this link. Your privacy is important to us, and we provide you the option to opt out of these tools at any time through your browser settings.
The legal basis is the consent given by the user, which may be revoked at any time without affecting the provision of the service. You can withdraw your consent at any time by contacting the following email address: info@flyingdrinks.com
Notwithstanding the electronic and non-electronic commercial communications that are sent when we have your consent as mentioned above, we may also send you communications when you are our client. In this case, we will only send you information that is linked to us and that is related to our products and/or services that are identical or similar to those you have contracted. In these cases, we have a legitimate interest in processing your contact data and keeping you informed about any of our products and services, with said interest taking precedence over your rights in view of the non-sensitive nature of the data in question and the fact that the relationship contractual created with our clients derives from the reasonable expectation of receiving this type of communication.
The personal data provided will be kept while the status of client or registered user on our website is held, the personal data being kept after the termination of the contractual relationship, duly blocked, during the legally established deadlines to meet the responsibilities that can be derived from it. In particular, the personal data necessary to send you electronic commercial communications will be processed as long as you do not revoke the consent you have given and, once it has been withdrawn, during the period strictly necessary to respond for the responsibilities that may have arisen. In any case, when the personal data is not necessary for the purpose for which it was collected and as long as its final deletion is not carried out, it will be kept blocked.
No data will be communicated to third parties except legal obligation or when it is strictly necessary for the defense of the rights and legitimate interests of Marvigo. Notwithstanding the foregoing, those third parties to whom Marvigo has entrusted a provision of services in their capacity as treatment managers (for example, technical and computer support providers) will have access to personal data, both in relation to the exploitation of the business as well as the administration of the Company. The Company will enter into written agreements with the third parties that participate in the provision of the services, which will include the safeguards and guarantees required by the GDPR.
Anyone has the right to obtain information about whether Flying Drinks is treating personal data that concerns them, or not.
Interested persons have the right to access their personal data, as well as to request the rectification of inaccurate data (and to complete those that are insufficient), request its deletion when, among other reasons, the data is no longer necessary for the purposes that were collected and to request their portability.
In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to their particular situation, the interested parties may oppose the processing of their data. In this case, Flying Drinks will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
You can materially exercise your rights in the following way:
by sending an email to info@flyingdrinks.com duly identifying yourself and expressly indicating the specific right you want to exercise.
If you have given your consent for a specific purpose, you have the right to withdraw the consent granted at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal.
In the event that you feel your rights have been violated with regard to the protection of your personal data, especially when you have not obtained satisfaction in the exercise of your rights against the Company, you can file a claim with the control authority regarding Protection of Personal Data. Competent data (in Spain, the Spanish Data Protection Agency: www.agpd.es).
The treatment of the data collected through the data collection forms of the website or other means, will be incorporated into the Record of Treatment Activities for which Flying Drinks is responsible.
Flying Drinks treats the data confidentially and adopts the appropriate technical and organizational measures to guarantee the appropriate level of security for the treatment, in compliance with the requirements of the GDPR, Organic Law 3/2018, of December 5, Protection of Personal Data and Guarantee of Digital Rights and other applicable regulations on data protection.
However, it cannot guarantee the absolute invulnerability of the systems, therefore, and to the maximum extent permitted by the applicable legislation, it does not assume any responsibility for damages and losses derived from alterations that third parties may cause in computer systems, electronic documents or user files. If you choose to leave our website through links to websites that do not belong to our entity, Flying Drinks will not be responsible for the privacy policies of said websites or for the cookies that they may store on the user's computer.
The ownership of this website flyingdrinks.com, (hereinafter Website) is held by: Marvigo Group S.L., provided with NIF: B05405626 and registered in: Mercantile Registry of ILLES BALEARS; whose contact details are:
Mailing Address: Juan Carlos I – 39, 6 – 07800 Eivissa (Balearic Island)
Phone Number: (+34)
Email: info@marvigogroup.com
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (flyingdrinks.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Flying Drinks develops through the Website includes:
Sale and distribution of alcoholic beverages and soft drinks for people over 18 years of age with home delivery.
In addition to reading these Conditions, before accessing, browsing and/or using this web page, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and Flying Drinks data protection. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all you should not use this Website.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, since those in force at the time the purchase of products and/or services are requested will be applicable.
For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above.
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), therefore, from the moment the navigation on the Website begins, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility for the correct use of the Website. This responsibility will extend to:
The Website is mainly aimed at Users residing in Spain. Flying Drinks does not ensure that the Website complies with the laws of other countries, either totally or partially. Flying Drinks declines all liability that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.
Users can buy on the Website by the established means and forms. They must follow the online purchase and/or acquisition procedure of flyingdrinks.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Place order”.
Likewise, the User must fill in and/or verify the information that is requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Flying Drinks has received their order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from Flying Drinks using the contact spaces on the Website or through the contact information provided above.
The User acknowledges that he is aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or o cost of services; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Flying Drinks in order to constitute a means of proof of the transactions, in any case, respecting the conditions security measures and the laws and regulations in force that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons regarding the processing of personal data and the free circulation of these data (GDPR) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
All purchase orders received by Flying Drinks through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/or the Provision of services. If there are difficulties regarding the supply of products or if there are no products in stock, Flying Drinks undertakes to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unrealizable.
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Flying Drinks performs delivery and/or shipping services through: Flying Drinks.
In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, Apple Pay or Cash on Delivery.
Flying Drinks uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Flying Drinks will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Flying Drinks receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and/or confirmation of the service provided is sent to the User in the manner and, where appropriate, at the place established.
In any case, by clicking on "Place order" the User confirms that the payment method used is his.
In the cases in which the physical delivery of the contracted good is appropriate, deliveries will be made within the following territory: Ibiza (Illes Balears · Spain)
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If for any reason, attributable to it, Flying Drinks could not meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to go ahead with the purchase by establishing a new delivery date or canceling the order. with a full refund of the price paid. In any case, home deliveries are made on working days.
The User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Flying Drinks receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount paid by Flying Drinks.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
In the cases in which the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Flying Drinks Website or in the event that the goods that make up your order is delivered separately, within 14 calendar days of the day that the User or a third party authorized by the latter, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of In the case of a service contract, 14 calendar days from the day the contract was entered into.
To exercise this right of withdrawal, the User must notify Flying Drinks of his decision. You can do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Flying Drinks makes available as an annex to these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Flying Drinks will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without no undue delay and, in any case, no later than 14 calendar days from the date on which Flying Drinks is informed of the decision to withdraw by the User.
Flying Drinks will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Flying Drinks could withhold said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Flying Drinks at:
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date Flying Drinks was informed of the withdrawal decision.
The User acknowledges knowing that he must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been fully executed by Flying Drinks, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond its mere opening, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, in addition to a copy of the purchase invoice.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact Flying Drinks immediately and let you know of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement of the same is appropriate. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the nonconforming item is appropriate.
The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the User, as a consumer and user, will always apply.
Guarantee
The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the legally established terms for each type of product, Flying Drinks responding, therefore, for the lack of conformity of the same that manifests itself within a period of three years from the delivery of the product.
In this sense, it is understood that the products comply with the contract provided that: they conform to the description made by Flying Drinks and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal guarantee right directly against them during the three years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
By using this Website, the User accepts that most of the communications with Flying Drinks are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Flying Drinks sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and/or communicate with Flying Drinks through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Flying Drinks may contact and/or notify the User via email or at the postal address provided.
No waiver by Flying Drinks of a specific legal right or action or the lack of requirement by Flying Drinks for strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of its obligations.
No waiver by Flying Drinks of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Flying Drinks in relation to the object of sale and replace any other prior agreement, agreement or promise agreed verbally or in writing by the same parts.
The User and Flying Drinks acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
The information or personal data that the User provides to Flying Drinks in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
The access, navigation and/or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Flying Drinks and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
The User can send Flying Drinks their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Flying Drinks has official claim forms available to consumers and users, which they can request from Flying Drinks at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Flying Drinks and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council. , of May 21, 2013, on the resolution of online disputes in consumer matters and by which Regulation (EC) 2006/2004 and Directive 2009/22/EC are modified. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.