General Terms & Conditions

§ 1 – Operator & Scope

ATKINSKY S.L.

Commercial Register No.: B72775893

Registered Office: Mallorca, Balearic Islands, Spain

Email: [email protected]

Phone: +34 685 407 513

These General Terms & Conditions (hereinafter "GTC") govern the contractual relationship between ATKINSKY S.L. (hereinafter "Operator", "we" or "Aurum Lounge") and any natural or legal person who enters into a membership with Aurum Lounge Mallorca (hereinafter "Member"). By accepting these GTC, a binding membership agreement is established.

The GTC apply to all services provided through the platform aurum-lounge.com and the members portal. Divergent conditions of the Member shall not apply unless the Operator expressly consents in writing.

§ 2 – Business Model & Role of the Operator

The Operator is expressly not a retailer and does not sell spirits, wines or other alcoholic beverages directly to Members or third parties.

Aurum Lounge operates as a consignment warehouse (depósito en comisión) for selected partner companies (producers, importers, bodegas). The Operator acts as a custodian (depositario/fiduciario) for the partners' goods and charges transaction commissions for goods movements processed through the platform.

In detail, this means:

  • The products offered remain the property of the respective partners until the final transaction.
  • The Operator mediates transactions between partners and Members and provides the logistical infrastructure.
  • For each transaction processed through the platform, the Operator charges a transaction commission transparently included in the product price.
  • The Operator is not liable for product defects, origin claims or quality characteristics of goods stored by partners. Corresponding warranty claims are directed exclusively against the respective partner.

§ 3 – Membership

Membership at Aurum Lounge is exclusive and tied to a natural person. It is non-transferable. Each Member must be at least 18 years old at the time of registration.

By ticking the "I have read and accept the GTC" checkbox and successfully paying the membership fee, a binding membership agreement between the Member and ATKINSKY S.L. is established. A copy of the agreement will be sent to the Member by email to the address provided during registration.

The Operator reserves the right to reject membership applications without stating reasons. In such cases, any amount already paid will be fully refunded.

§ 4 – Membership Fee & Payment

The membership fee is charged annually in advance. The amount is determined by the tariff in effect at the time of contract conclusion, as indicated on the website aurum-lounge.com.

Payment is processed through the payment service provider Stripe, Inc. By registering, the Member authorises the annually recurring automatic debit of the membership fee on the respective due date. Payment data is processed and stored exclusively by Stripe; the Operator has no access to complete credit card or bank data.

The Operator reserves the right to adjust the membership fee with at least 60 days' notice before the next renewal date. In such case, the Member may cancel before the renewal date.

§ 5 – Refund & Right of Withdrawal

Membership fees already paid are generally non-refundable. This applies in particular to early termination by the Member, exclusion due to violations of these GTC or house rules, and non-use of membership benefits.

Pursuant to Art. 103(l) of the Spanish Consumer Protection Act (Ley General para la Defensa de los Consumidores y Usuarios – Real Decreto Legislativo 1/2007) and Art. 16(l) of EU Directive 2011/83/EU, the right of withdrawal is excluded for contracts for leisure services to be provided at a specific date or within a specific period. Membership at Aurum Lounge constitutes such a leisure service.

By accepting these GTC, the Member expressly acknowledges and consents to the exclusion of the right of withdrawal.

§ 6 – Contract Duration & Cancellation

The membership agreement is concluded for a period of one (1) year and automatically renews for successive one-year periods unless cancelled by either party with at least 30 days' notice before the respective renewal date.

Cancellation must be made in text form (email to [email protected]). Cancellation by the Member takes effect at the end of the current contract period; no pro-rata refund will be issued.

The Operator may terminate the agreement at any time with immediate effect for good cause, in particular in case of violation of these GTC, misuse of the platform, or conduct detrimental to the reputation of Aurum Lounge.

§ 7 – Wine Vault & Storage

As part of the membership, the Member may use the personal Wine Vault for storing wines and spirits. The stored products remain the property of the Member.

The Operator undertakes to store the deposited goods with due care and to provide suitable storage conditions (temperature, humidity). The Operator's liability for depreciation due to natural ageing processes, force majeure, or circumstances beyond its control is excluded.

The Operator's maximum liability for loss or damage of stored goods is limited to the proven purchase value, but not exceeding EUR 5,000 per Member and incident.

§ 8 – Members Portal & Shared Data

The members portal enables Members to maintain a personal profile, upload photos, interact with other Members and access exclusive content.

Each Member is solely responsible for the content shared with other Members through the portal (including, but not limited to, photos, text messages, profile information, and personal data). ATKINSKY S.L. assumes no liability for data voluntarily shared by the Member with other Members through the portal or made publicly accessible.

In particular:

  • The Operator is not responsible for the misuse of shared data by other Members.
  • Photos and content uploaded by a Member may be viewed by other Members on the portal. The Member expressly consents to this visibility upon upload.
  • The Operator reserves the right to remove content without prior notice that violates applicable law, good morals, or these GTC.
  • The Member guarantees that it holds all necessary rights to the uploaded content and does not infringe any third-party rights.

§ 9 – Code of Conduct

Members commit to the following conduct:

  • Respectful interaction with other Members, partners, and Aurum Lounge staff.
  • No dissemination of confidential information about other Members or the business relationships of Aurum Lounge.
  • No commercial solicitation of other Members within the portal without prior written consent of the Operator.
  • Compliance with all applicable laws, particularly regarding alcohol consumption, youth protection, and data privacy.

Violations of this code of conduct may lead to immediate exclusion from membership without entitlement to a refund of the membership fee.

§ 10 – Intellectual Property

All content on the website and portal – including design, logos, texts, graphics, photos (unless uploaded by the Member) and software – is the property of ATKINSKY S.L. or licensed and protected by copyright. Reproduction, distribution, or public dissemination requires prior written consent of the Operator.

By uploading content to the portal, the Member grants the Operator a non-exclusive, royalty-free, transferable right of use to such content, insofar as this is necessary for the operation of the portal and the provision of membership services.

§ 11 – Limitation of Liability

The Operator is liable without limitation for damages arising from injury to life, body, or health, as well as for damages caused intentionally or through gross negligence.

Otherwise, the Operator's liability is limited as follows:

  • In cases of slight negligence, the Operator is only liable for breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical of the contract.
  • Liability for indirect damages, lost profits, and consequential damages is excluded.
  • No liability is assumed for temporary unavailability of the website or portal for technical reasons.
  • The Operator assumes no responsibility for content of external links and third-party websites.

§ 12 – Age Restriction

Membership and all services of Aurum Lounge are reserved exclusively for persons who have reached the age of 18. By registering, the Member confirms that they are at least 18 years old. The Operator reserves the right to request proof of age.

§ 13 – Data Protection

The collection, processing, and use of personal data is carried out in accordance with the General Data Protection Regulation (GDPR / RGPD), the Spanish Ley Orgánica 3/2018 (LOPDGDD), and our Privacy Policy, available at aurum-lounge.com/datenschutz, which forms an integral part of this agreement.

§ 14 – Amendments to the GTC

The Operator reserves the right to amend these GTC at any time with effect for the future. Amendments will be communicated to the Member by email at least 30 days before they take effect. If the Member does not object to the amendments within 14 days of receiving the notification, the amended GTC are deemed accepted. This legal consequence will be expressly stated in the amendment notification.

§ 15 – Applicable Law & Jurisdiction

This agreement and all disputes arising therefrom are governed exclusively by Spanish law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules of private international law.

For all disputes arising from or in connection with this agreement, the courts of Palma de Mallorca, Spain, have exclusive jurisdiction, to the extent permitted by law.

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 16 – Severability Clause

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the valid regulation that most closely approximates the economic purpose of the invalid provision shall apply.

As of: July 2026 · ATKINSKY S.L. · All rights reserved.