Terms & Conditions

OVERVIEW

This website is operated by Djuce. Throughout the site, the terms “Djuce”, “we”, “us” and “our” refer to YesWeCan Djuce S.L. (B13931225). Djuce offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

YesWeCan Djuce S.L.
B13931225
Carrer de Valencia 113, 4-1
08011 Barcelona
Spain

 

§1 GENERAL

• At Djuce, we strive to offer a first-class experience for our customers, and uphold the highest degree of professionalism. The following terms and conditions (“Terms”) constitute a binding agreement between you and (“Djuce”, “we,” or “us”) with respect to your use of this website and any other Djuceowned websites, micro-sites, and social media pages and accounts (collectively, “Djuce Sites”), all Djuce-owned mobile applications (collectively, the “Applications”), and the services available on such platforms (together with the Djuce Sites and the Applications, the “Services”), including any Content (as defined below).
• Spanish Law applies to Djuce’s’ terms and any interactions between you and the company excluding the UN Convention of Contracts for the International Sale of Goods.
• Objection. If you do not agree to these Terms, please do not use or access the Djuce Sites, Applications or Services for any purpose.
• Additional policies, terms, and conditions applicable to certain Djuce Services, specific areas of certain Djuce Sites or Applications, or to particular content or transactions, may also be posted in particular areas of certain Djuce Sites or Applications and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Djuce Sites or Applications will be controlling with respect to those particular areas. Djuce reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Djuce Sites or Applications. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language, on Djuce Sites, Applications or any other website in regards to Djuce, or while contacting any of our Member Services team, will not be tolerated.

§2 YOUTH PROTECTION

By placing an order with Djuce, you confirm that you have reached the legal age for purchasing alcohol in your country. The customer is obliged to ensure that only he himself or persons of legal age authorized by him to accept the delivery of the goods. Upon delivery, our logistics partner is entitled to request proof of age. If persons under the respective legal age place orders, Djuce reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, in its sole discretion. The legal guardians or persons of legal age who are responsible for the minors ordering under false information are liable in accordance with the statutory provisions for all damage arising from the orders made under incorrect information.

§3 PRIVACY

Your use of the Djuce Sites, Applications and Services is subject to our Privacy Notice located at https://djuce.com/pages/privacy-cookies, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Djuce. Djuce, as the controlling party responsible for data protection, processes personal data in accordance with applicable data protection law, including the General Data Protection Regulation and the Federal Data Protection Act. We process personal data that you have provided to us in the ordering process in order to fulfill our contractual obligation with you (Art. 6 para. 1 b DSGVO), e.g. to process the order. In addition, we process your data if there is a legitimate interest in this on our part or on the part of third parties (Art. 6 para. 1 f DSGVO), e.g. to optimize our processes or for the purpose of direct advertising. In addition, we may process your data if you have previously consented to this (Art. 6 para. 1 a DSGVO). Further information about the processing of personal data at Djuce to third parties who may be involved in data processing (e.g. payment service providers or delivery or shipping companies), as well as an indication of your rights (e.g. right to information, correction and deletion of data, right to data portability and right of complaint to the supervisory authority) are available on our website at https://djuce.com/pages/privacy-cookies

§4 YOUR ACCOUNT

Registration. If you wish to utilize Djuce Services, you agree to complete the initial registration process according to the requirements stated on the applicable Djuce Services, and to provide accurate and complete information including, but not limited to, your legal name, age, billing address, delivery address (if different), email address, and telephone number. When making a purchase on or through Djuce Services, you must provide accurate and complete information as required when using a credit card or other payment card, including the cardholder name, payment card number, expiration date, and if requested, card security code, at the time of submitting your order form. You represent and warrant to Djuce that your use of a payment card in connection with any purchase you make on or through Djuce Services is authorized and legal. As part of the initial registration process, you must choose a username and a password to use when accessing the Services. For your protection, you must keep your username and password secret. You must immediately notify Djuceif you learn or suspect that the security of your username or password has been breached. You are responsible for any loss or damage arising from your failure to protect your username or password.

User Information Changes. You are responsible for updating your registration information, and payment service or payment card information, as applicable, and for making sure that the billing address in your registration information is consistent with the billing address for your payment service or payment card. You are also responsible for promptly notifying your payment service or payment card issuer of any changes to your billing information or of any loss, theft, or unauthorized use of your payment service account or payment card number.

§5 PURCHASE AND SUBSCRIPTION

Conclusion of contract. By submitting the order form provided on our website, you are submitting a binding offer to us to conclude the contract with you. You place the order by entering all the information during the ordering process and then sending the order form. A contract between you and Djuce is concluded with the order confirmation, in which we confirm the receipt of your offer by email or when we deliver the ordered goods to you.

Payment. The total amount to be paid by you for your order will be the sum of the prices for the products you select or those selected for you, all applicable taxes, and shipping and handling charges. Payment is due when you submit your order, and you hereby authorize Djuce to charge such amount to your payment card at that time. The prices shown include the statutory sales tax (VAT) of the EU country where you place your order. Shipping costs may be added depending on the size of the delivery.

Please note that if your country of residence is not Spain, Djuce receives the order, however you as the consumer import it. For Denmark and Sweden, excise duty is paid on all goods. For orders from any other EU countries any potential excise duty is to be paid by you as a customer. For orders outside the EU any potential VAT, excise duty and custom fees are to be paid by you as a customer. Payment to Djuce is possible via Shopify payments (credit/debit card, Paypal & Klarna) upon collection. All payments are processed in EURO.

Reservation of ownership. Delivered goods remain our property until they have been fully paid for.

§6 TERMINATION OF DJUCE SUBSCRIPTIONS

Canceling or pausing your subscription is easy. If you wish to cancel your Djuce subscription, please visit your account area on our website https://djuce.com and choose the cancellation option at least 30 days in advance. If the cancellation is made less than 30 days before your next delivery, you will still pay for and receive your upcoming order after which your subscription is terminated. Djuce may terminate your membership and refuse any and all current or future use of your Djuce Subscription or Djuce Services, or any portion thereof: (1) in order to comply with applicable laws, (2) if you provide any information that Djuce determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Djuce determines, in its sole discretion, that you are using your Djuce Membership in a manner not permitted by these Terms, or (4) in other circumstances, as Djuce deems appropriate in its sole discretion. 

§7 DJUCES COMMITMENT TO QUALITY

If you are dissatisfied with your Djuce purchase for any reason, please contact Djuce Customer Services via our customer support email (hello@djuce.com) so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate. As a condition of providing you a refund or re-ship, we may require you to return the product to Djuce. Subject to the conditions set forth here, Djuce will give you, as your sole remedy, a refund in an amount equal to the price of the product, plus applicable taxes, minus applicable return fees, by providing you with an account credit.

§8 RISK OF LOSS

All items purchased from Djuce are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

§9 RESTOCKING AND RESHIPMENT FEES

Djuce reserves the right to charge an additional fee for all re-shipped orders upon customer’s request for reshipment.

§10 TRADEMARKS

The trademarks and service marks displayed on the Djuce Sites, Applications and Services are the registered and unregistered trademarks, service marks and trade dress of Djuce and its licensors. For a list of Djuce trademarks and service marks please contact Member Services. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Djuce Sites, Applications and Services are trademarks, service marks or trade dress of Djuce in the EU and other countries. Djuce’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Djuce, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Djuce. All other trademarks not owned by Djuce that appear in any Djuce Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Djuce.

§11 COPYRIGHT

All content included on or made available through any Djuce Sites, Applications and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Djuce or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content included in or made available through any Djuce Sites, Applications and Services is the exclusive property of Djuce and protected by U.S. and international copyright laws.

§12 SUBMITTED MATERIALS AND IDEAS

While we appreciate your interest in Djuce and our business, Djuce does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Djuce might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. All comments, suggestions, ideas, drawings, images, concepts, or other information or materials disclosed or offered to us by you through the Services or in response to solicitations on Djuce Sites or through Applications (unless otherwise noted) shall be deemed to be non-confidential and non-proprietary.

§13 LINKS TO THIRD-PARTY WEBSITES

Djuce Sites, Applications or Services may contain links to third-party websites. These links are provided for your convenience only. Djuce has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Djuce Sites or Applications, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

§14 DISPUTES

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND DJUCE MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

Agreement to Arbitrate

You and Djuce agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to this or previous versions of the Djuce Terms, your use of Djuce Sites, Applications or Services, or to any products sold or distributed by Djuce or through Djuce Sites, Applications or Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify and the case proceeds as an individual (non-class, non-representative) case. The Federal Arbitration Act applies to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. The arbitration hearing will be held in the country in which you reside or at another mutually agreed location. In Spain, the arbitration will be conducted within the Spanish Court of Arbitration. You or Djuce may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Djuce subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator will decide all claims in accordance with applicable law. The arbitrator shall not be bound by rulings in prior arbitrations involving other Djuce members, but is bound by rulings in prior arbitrations involving the same Djuce member to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the arbitrator’s award may be entered in any court having jurisdiction.

Prohibition of Class, Representative, and Consolidated Actions

You and Djuce agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Unless both you and Djuce agree otherwise, the arbitrator may not join more than one party’s claims, and may not adjudicate or determine any form of a representative, class, or consolidated proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party bringing the claim, if such relief is warranted by the facts and law. Any relief awarded by the arbitrator will not affect other Djuce members. If for any reason a claim proceeds in court rather than in arbitration both you and Djuce each waive any right to a jury trial. You and Djuce also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

§15 GOVERNING LAW AND JURISDICTION

Any dispute or claim relating in any way to these Terms or previous versions of these Terms, your use of any Djuce Sites, Applications or Services, or any products sold or distributed by Djuce or through Djuce Sites, Applications or Services, shall be governed by and construed in accordance with Spanish law without giving effect to any choice or conflict of law provision or rule. Unless you and Djuce agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, any legal suit, action or proceeding arising out of or related to these Terms or previous versions of these Terms, your use of any Djuce Sites, Applications or Services, or any products sold or distributed by Djuce or through Djuce Sites, Applications or Services shall be instituted exclusively in the federal or state courts located in Spain. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY
No waiver of these Terms by Djuce shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Djuce to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

 

ENTIRE AGREEMENT
These Terms and our Privacy Notice constitute the sole and entire agreement between you and Djuce with respect to the Djuce Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.

 

MODIFICATIONS

Djuce reserves the right to make changes to these Terms, including the terms that apply to Djuce Subscriptions, at any time. If Djuce makes a material modification to these Terms, we will notify you by displaying a prominent announcement above the text of the Terms or at https://djuce.com, as appropriate, for thirty (30) days, and that will be deemed sufficient notification of such changes. Should you wish to terminate your membership due to a modification to the Terms, please contact our Customer Services via our email hello@djuce.com. If you choose to continue using the Djuce Services after receiving notice of such modification as set forth herein, you agree that by doing so you will be deemed to accept the new terms and conditions. The date these Terms were last updated is set forth at the top of this page.

 

CONTACT INFORMATION
If you have questions or comments about these Terms or the Djuce Sites, Applications or Services, please contact us here.