General sales conditions
The general conditions of sale apply between the following parties:
TRIXDER JYS, S.L., the company which owns the Winkie Breeding Station (hereinafter "WINKIE"), of Spanish nationality, with Tax Identification Code no. B-54335500 and registered office at c/ Juan de Herrera no. 13, Parque Empresarial Elche 03203 Alicante. The company is registered in the Alicante and province Trade Register, in Volume 3,292 general, sheet 167, page A-112 548, entry 1; and:
the Buyer.
WINKIE is a company whose activities include the purchase and sale of pigeons, whose website (www.winkiepigeons.com) is the main sales channel. Through this website, the sale of pigeons is carried out in various ways, including a bidding system, established as online auctions. A user can bid through WINKIE's online bidding system if they are registered with WINKIE and are recognised as bidders by WINKIE.
These Terms and Conditions of Sale govern WINKIE's online sales to the Buyer as defined below.
The purpose of the Conditions of Sale is to determine the terms and conditions under which WINKIE sells the pigeon to the Buyer.
The Conditions of Sale apply to all Internet sales made by WINKIE to a Buyer.
1. Establishment of a purchase agreement between WINKIE and the Buyer
1.1 Time of purchase
The description of a pigeon and/or the photos of a pigeon or pigeons on the website are published by WINKIE in order to receive binding purchase offers.
The Buyer who wishes to buy a pigeon described and/or shown on the website must make a binding offer to WINKIE via the website, before the expiry of the offer period indicated on the website (for the procedure please visit: www.winkiepigeons.com). This offer is binding for the Buyer.
The Buyer is aware that WINKIE is not obliged to accept this offer, even if this offer is the highest offer received by WINKIE during the respective offer period.
WINKIE reserves the right at any time to request additional information from the Buyer after receiving the Buyer's offer.
1.2 Purchase agreement
The purchase agreement between WINKIE and the Buyer is governed by these Conditions of Sale. The previous general conditions and the contrary terms and conditions of the Buyer do not apply under any circumstances.
Only the Conditions of Sale drawn up in English govern the purchase agreement between WINKIE and the Buyer. WINKIE is not responsible for any translation errors or misunderstandings contained in the translated general conditions of sale and/or the website. The purchase agreement is governed by Spanish law.
1.3 Images of the pigeons
WINKIE's team of specialists works on the realization of the photograph and the retouching of it to be the most faithful to reality. However, WINKIE is not responsible for the image reflecting all the colours, shades or details of the animal. Due to natural events such as moulting or natural growth. These are living beings that undergo variations throughout their lives and the photo cannot reflect all the details.
2. WINKIE's delivery obligations
The identity of the pigeon is adequately demonstrated by WINKIE by means of the pedigree, the title deed and the pigeon's leg ring. The above mentioned documents, unless otherwise agreed, are transferred by WINKIE to the Buyer at the time of delivery of the pigeon or shortly after delivery by ordinary mail.
In view of the nature of the good being sold, as it is a live animal, the Buyer recognises the possible infertility or reduced fertility of the pigeon, despite the efforts made by WINKIE in this respect and as detailed below, has no influence on the conformity of the delivered animal.
In view of the nature of the good being sold, as it is a living animal, the Buyer acknowledges that the perfect health of the pigeon, despite the efforts made by WINKIE in this respect and as detailed below and in the various sections of this website, is not essential for the fulfilment by WINKIE of its delivery obligations.
WINKIE's website shows the sex of most of the pigeons on sale, in any of the modalities. The sexing tests are carried out by DNA and are 99.9% reliable. Please ask us before sending your order for the possibility of adding a paternity certificate for 60 ?.
3. User registration and data transfer
3.1 User registration
To be a Buyer, you must be registered on our website. Register here. After you have correctly entered your data, you will receive an e-mail confirming that your account has been correctly activated or specifying the following steps for activation. If you forget your user name or password, please request it by clicking here.
For your account to be valid, WINKIE must confirm your details before placing bids or adding pigeons to the purchase process. Until we validate your account, you will not be able to buy, bid or see the starting price of all the pigeons.
The validation process will be carried out in the shortest possible time and individually for each user. We advise that the request for authorisation to bid is made with sufficient time to be able to complete the validation process. If you wish to bid on pigeons immediately, please contact us.
It is only necessary to validate once each account. It is not necessary to do so each time there is an auction.
WINKIE reserves the right to carry out any type of verification through the data provided by each user. Each participant can only register with one user.
Through the section "My account", you can see all the personal data you have provided, as well as consult the purchases made at WINKIE, change your password, etc.
After registering on our website by clicking here, you can access "My account" on the icon at the top right of the website.
WINKIE will be able to contact you in case you have made any changes to your account as a security measure.
4. Purchase price - Payment conditions - Payment methods
4.1 What the purchase price includes and responsibilities
All amounts are always expressed in euros. Furthermore, except in cases where it is expressly agreed in writing to the contrary, all payments will be made in euros and the amounts shown on the website include Spanish VAT.
The following extra costs are not included in the purchase price shown on the website or the price reached by a pigeon at auction
Other taxes (e.g. import taxes if any).
Possible expenses derived from bank transactions.
Transport costs.
Non-payment or incomplete payment of the amount indicated on the invoice within the established period authorises the dissolution of the agreement due to breach of contract by the Buyer.
WINKIE remains the owner of the pigeon until full payment is received. The risk relating to the pigeon is transferred to the Buyer on receipt of the amount.
4.2 Forms of payment
The payment must be made within 7 days after the formalization of the purchase. If you do not pay, you will lose the right to this pigeon and will return to the corresponding sales section or, in the case of auctions, it will be awarded to the user who made the second highest bid.
In the case of purchase of a pigeon with a fixed price, these pigeons will go to the shopping cart of the website, from where the steps to follow to make the payment will be indicated.
The main forms of payment are as follows:
Credit card payment system
Payment platform with PayPal
By bank transfer to the following account (bank transfer charges are to be paid by the customer):
Bank: LA CAIXA
IBAN: ES23 2100 4057 1121 0057 0976
IMPORTANT: In the concept you must indicate "WINKIE" and the number of rings of the pigeon/s you have purchased.
SWIFT / BIC: CAIXESBBXXX
5. Shipping and Returns
5.1 General information on shipments
It is important to emphasize that the Buyer is responsible for the transport. WINKIE offers support to manage this transport, in the name and on behalf of the Buyer. WINKIE reserves the right to invoice the Buyer for the costs of shipping and handling, if it considers it necessary.
When the purchase process is completed (through auction, direct sale or any other formula reflected on WINKIE's website), the shopping cart on the website will show the shipping costs involved in this purchase or how to calculate them.
In the event that there is a specific warning about the transport during the purchase process or the information does not appear, WINKIE will contact you as soon as possible.
The shipment will be made through transport companies specialised in the shipment of live animals, which do not belong to WINKIE. We will proceed in accordance with the health and transport preparation protocols and deadlines of the WINKIE Breeding Station, established for the benefit of the pigeons.
At the WINKIE Breeding Station we carry out protocols every time we remove a pigeon from its loft to ensure the health of the pigeon. You can see these processes in detail in our blog.
We will inform you of the expected delivery dates for each consignment; however, these will be estimates of the final date, due to circumstances beyond WINKIE's control, such as the condition of the pigeon, the management of the transport agency or the climate.
Consult the price lists that WINKIE manages in the name and on behalf of the Buyer through the following link: https://winkiepigeons.com/es/información-sobre-envío-de-palomas.
5.2 Exceptions
WINKIE does not guarantee delivery of the pigeon to destinations other than those listed in the above link. Please contact WINKIE before purchasing your pigeon if the place of delivery is not one of those detailed in the shipping section of the website.
The promotions on the website may affect these delivery conditions and the same usual prices may not be applied.
Any modification of prices or possible extra charges (for example in a special auction), will be communicated by WINKIE through the official channels, as well as on the front page of the auctions, in its Auction Features section.
All shipments are made after collection of the animal and transport costs. WINKIE does not send cash on delivery because of the risk to the health of the animals that this system of payment could cause.
5.3 Claiming shipments and returns
After the delivery of the animal, the Buyer will have a maximum period of 24 hours to make any kind of claim.
No returns of animals are accepted. If you receive a dead animal or one with obvious signs of illness, you must take several photographs of it in its original packaging (unopened) and send them to WINKIE for subsequent analysis and to certify that the problem with the animal has been caused by the courier company and, subsequently, initiate the procedures for reimbursement or replacement by another specimen. In the event of opening the packaging, any right to reimbursement for dead or sick animals will be lost within the time limits indicated.
6. Exemption from liability
6.1 Minor errors or force majeure
Without prejudice to the legal guarantee obligations, WINKIE is not responsible to the Buyer for any damage suffered by the Buyer due to a minor error of WINKIE and/or its employees or agents.
Similarly, WINKIE is not responsible and cannot be obliged to pay any compensation to the Buyer in the case of temporary or permanent lack of performance due to force majeure. Force majeure is considered to be those causes that are beyond the control of WINKIE, such as outbreaks of disease, strikes, transport delays, import or export bans . In the case of a situation of temporary force majeure that extends beyond thirty working days, WINKIE reserves the right to invalidate the purchase agreement, without being responsible for any related compensation due to the Buyer.
6.2. Termination of contract
WINKIE has the right to unilaterally terminate the purchase contract without prior recourse to legal action against the Buyer, in the case of a serious deficiency of the Buyer against one or more of its contractual obligations, in the event that, once a notice of default has been issued by WINKIE, this has not resulted in any response from the Buyer within a period of thirty working days (in the event that more than one notice of default is sent, then this term will be determined on the basis of the first notice of default). WINKIE reserves the right to claim additional damages from the Buyer.
Non-payment of the total purchase price within the term referred to in that term will in any case be considered as a sufficient deficiency of the Buyer to entitle WINKIE to a unilateral and non-judicial termination of the purchase.
6.3. Waiver
The team of professionals at WINKIE has created the design and content of this website with the utmost care. WINKIE is not responsible for sections of this website that do not work or for content on this website (texts, pedigrees, photos...) that are incorrect, incomplete and/or out of date.
Users of this website may in no way derive any rights from the information provided by WINKIE. Therefore, WINKIE is not responsible for direct or indirect damage resulting from the use of the information on this website.
