General Terms and Conditions
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1. General Provisions
1.1 The present General Terms and Conditions apply to all online and other distant sales by Wine and Ventures LTD by email or other means of communication.
Website addresses and domain names: wineand.app, wineand.co.uk, wineand.eu, wineand.shop, wineand.store, wineand.info, wineand.net, wineand.ventures.
1.2 The present General Terms and Conditions regulate the relations between Wine and Ventures LTD (also referred to as “SUPPLIER”) and all buyers of goods displayed on the website, hereinafter referred to as “CUSTOMER” and/or “CUSTOMERS”. CUSTOMERS should read and comply with the present General Terms and Conditions before entering into any transaction or other interaction with the SUPPLIER.
1.3 CUSTOMERS are informed and notified that no sales shall be processed through the website and all goods and images displayed on the website are for promotional and illustrative purposes only. All sales contracts are entered into and administered by email and other means of communication as may be agreed between CUSTOMER and SUPPLIER.
1.4 The Terms and Conditions may be modified by the SUPPLIER at any time, and any such modification becomes effective as soon as being published on this website. It is the CUSTOMERS’ obligation to check for any recent changes to the General Terms and Conditions. In case you continue using this website, you automatically agree to the amendments made and announced as described above.
2. Information, Customer Age and Served Areas
2.1 We sell alcoholic beverages to CUSTOMERS at the age of 18 or older, or if the legal purchase age applicable to a CUSTOMER is higher, at the minimum age or older as per applicable law. Before placing an order and entering into a contract with the SUPPLIER, each CUSTOMER should declare to be of legal alcohol purchase age.
2.2 We shall not deliver any product to a person who is not of legal alcohol purchase/drinking age.
2.3 We shall bear no liability in case of CUSTOMER’s false/untrue declaration of their age.
2.4 We reserve the right not to serve certain areas. The CUSTOMER will be informed by email of any such excluded areas immediately upon placing an inquiry.
2.5 We make our best efforts to keep the information on the website up-to-date. However, since information about products, availability and prices is sometimes supplied to us by our partners and suppliers there might be certain omissions or incomplete data for which we apologize in advance. Therefore, CUSTOMERS should bear in mind that images and information on the website are illustrative and may be subject to subsequent clarification and modification.
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3. How to Purchase. Concluding of a Contract
3.1 To purchase a product, the CUSTOMER should make an inquiry or place an order by contacting SUPPLIER over the email addresses in our domain names listed above or an inquiry form from our website.
3.2 An order shall be considered to be accepted by the SUPPLIER and a contract is concluded upon explicit acceptance of the CUSTOMER’s order in a confirmation e-mail from the SUPPLIER, to which shall be attached SUPPLIER’s pro-forma invoice.
3.3 The total price as per the pro-forma invoice shall include all taxes and additional costs (such as taxes, transportation costs if applicable, etc.). The CUSTOMER confirms the final order by paying the contract total price as per the pro-forma invoice.
3.4 We (the SUPPLIER) reserve the right to refuse any order and to inform the CUSTOMER of such refusal, without any obligation of the parties for compensation to the other, or any liability resulting from such refusal. An order may be refused due to the following reasons, which are not listed exhaustively:
3.4.1 For certain products if the order is of less than 6 bottles or a single original case packaging or if the total order price is less than 1,000 EUR not including taxes. We shall inform the CUSTOMER timely if minimum quantity of certain products is required;
3.4.2 If the ordered products are not available;
3.4.3 If the CUSTOMER’s payment is rejected by the servicing bank/s;
3.4.4 If payment from CUSTOMER is not received by SUPPLIER within 30 days following the confirmation of the order by SUPPLIER;
3.4.5 If the CUSTOMER supplied incorrect or incomplete information required by the SUPPLIER including but not limited to delivery address;
3.4.6 If the CUSTOMER has other unpaid orders confirmed by SUPPLIER;
3.4.7 We may refuse an order because we shall not ship products during the hottest periods of the summer months and in the coldest periods of the winter months at the location of our warehouses, unless explicitly ordered to do so by the CUSTOMER. In any case, we cannot be held liable for weather and temperature risks during delivery and transportation.
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4. Payment and Prices
4.1 Payment is due by the CUSTOMER upon receipt of our email confirming acceptance of the order, to which a pro-forma invoice shall be attached but not later than 30 days following the conclusion of the Contract. If the price is not paid at the time of collection of the goods from our warehouse or other place of delivery, we shall be free to suspend collection until full payment of all amounts due or cancel the order at our discretion.
4.2 We shall not dispatch any ordered goods from our warehouses unless the total pro-forma invoice price is paid in full and received fully on our accounts.
4.3 Late payments attract interest at 5% plus the base interest rate of the European Central Bank from the due date until the date payment is received on our accounts.
4.4 Prices of products shown on our web page (if any) are Ex Works (EXW) in EUR (Euro), 20% VAT inclusive (if applicable) and without other taxes and delivery charges. The final price including all taxes, duties and costs shall be the price appearing in the pro-forma invoice attached to the email confirming the order. Although our price list is regularly maintained, the prices shown are not real-time and invoice prices may differ from the prices listed on our website. We will inform CUSTOMERS of any such difference before sending a confirmation of the order, and neither party shall be liable for any compensation or other payment in case the CUSTOMER withdraws/does not confirm its order after being informed of the price of the goods.
4.5 When placing an order, the CUSTOMER may use only Bank Transfer, to bank details as a mode of payment.
4.6 Title to wines/goods shall pass to the CUSTOMER after full payment of the pro-forma invoice price, including taxes and transportation costs (if applicable). Supplier will issue an original invoice only after the receipt of the full payment.
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5. Delivery. Transfer of Risk
5.1 All wines/goods are priced Ex Works (EXW) including 20% VAT and excluding any of the applicable taxes and/or duties at the place of the delivery.
5.2 In general, all wines are sold for collection from our warehouse. We will inform the CUSTOMER if the goods may be collected from a place different from our warehouse (such as winery, producer warehouse, special storage facility, etc.). In any case, we will inform the CUSTOMER in advance of the expected time of availability of the goods and send an email when the goods are ready for collection. The CUSTOMER should give at least 5 days prior notice of collection.
5.3 At the request of a CUSTOMER, we may arrange transport of the purchased goods on behalf of the CUSTOMER. We will inform the CUSTOMER in our confirmation email as per point 3.2 about the availability of transportation and all corresponding costs, taxes and duties, and terms of payment. The CUSTOMER shall be considered to have accepted the transport offer if CUSTOMER confirms it in the manner described in point 3.3 above. In any such case the SUPPLIER does not accept any liability for any default of the carriers, including for delay, damage or loss of the goods.
5.4 The delivery time to other countries depends on the destination. Wine orders depart only from Mondays to Fridays in working days in both Austria and Bulgaria. All delivery information, such as exact addresses, telephone numbers, etc. must be provided and verified as correct by the CUSTOMER. SUPPLIER shall not be liable for delivery delays or delivery losses during transportation.
5.5 If goods to be collected from our warehouse or other place of collection specified in the correspondence with the CUSTOMER are not picked up or the CUSTOMER did not request goods to be delivered within 3 (three) months following the confirmation of the order, we will be entitled to make a reasonable storage and administration charge.
5.6 Deliveries are subject to availability of goods. SUPPLIER cannot be held liable for the delivery time. If the SUPPLIER cannot fulfill an order after the receipt of the full payment of the total pro-forma invoice price, SUPPLIER will reimburse the CUSTOMER or may replace ordered goods in accordance with CUSTOMER’s instructions.
5.7 Any risk of loss or damage of the goods passes to the CUSTOMER when we send a notice that goods are available to be collected at our warehouse/other place of collection agreed upon in the correspondence or upon dispatch of the goods if CUSTOMER ordered transport of the goods.
5.8 It is the obligation of the CUSTOMER to inspect goods immediately upon receipt and notify either SUPPLIER or the carrier immediately of any shortage or damage. In the absence of any notification within three days, the shortage, damage or any other deficiency will be deemed to have occurred after delivery to CUSTOMER.
5.9 In the event of corked wine, the responsibility is for the wine producer/bottler. The CUSTOMER must send the SUPPLIER the bottle full or partially full closed with the original cork, accompanied by a letter demanding the procedure to take place related to the purchase from the SUPPLIER. The costs for the return of the wine are borne by the CUSTOMER. The SUPPLIER may then forward the bottle for inspection to the responsible bottling property or producer concerned, who shall judge the request and decide or not to replace the affected bottle. As soon as we receive a response, we shall send it to the CUSTOMER and in case of positive answer we will proceed forwarding the replacement bottle. The replacement shall be delivered to the CUSTOMER free of charge to the SUPPLIER's premises and subject to point 4 here for further transportation, unless otherwise agreed in writing.
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6. Right of Customer to Withdraw an Order
6.1 CUSTOMER is entitled to withdraw the placed order in accordance with the statutory law within 14 days from the day of receipt of the goods personally or through a representative. The CUSTOMER is not obliged to state any reason for withdrawal and neither party shall owe to the other any compensation or payment.
6.2 The right of the CUSTOMER to withdraw an order shall not apply if:
6.2.1 the order is for supply of alcoholic drinks the price of which had been agreed upon before delivery and if such delivery may not be accomplished earlier than 30 days from the conclusion of the contract and if the value of the goods depends on the market fluctuations which are beyond the control of the SUPPLIER,
6.2.2 the goods were unsealed or their original package, including wooden case and other secondary package had been compromised after delivery or they may not be returned due to hygienic/health protection reasons;
6.2.3 due to nature of supplied goods their quality may be impaired or which have short shelf life;
6.2.4 the supplied goods are customized or produced according to the specific requirements of the CUSTOMER;
6.2.5 In other cases provided in the law.
6.3 The CUSTOMER should inform the SUPPLIER within the term as per point 6.1 of his/her withdrawal of the order either by using the attached form in SUPPLIER’s order confirmation email or explicitly by email. The CUSTOMER shall send back ordered goods immediately upon sending the withdrawal message at his/her expense in the original package of the products, including wooden cases and any other secondary packaging. Products which are opened or their original packaging is compromised shall not be accepted for return.
6.4 The SUPPLIER shall reimburse the CUSTOMER for the price of the goods and delivery costs within 14 days following the receipt of the withdrawal message. The reimbursement shall be made by the same payment method used by the CUSTOMER unless the latter agrees for other reimbursement way.
6.5 The SUPPLIER shall not be liable to pay back delivery and transportation costs if the CUSTOMER has chosen explicitly delivery method other than the one with the lowest cost offered by the SUPPLIER;
6.6 If the SUPPLIER did not offer to collect the delivered goods the refund may be withheld until the earlier moment of the receipt of the goods or receipt from the CUSTOMER of an evidence that the goods have been sent back to SUPPLIER.
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7. Failure to Pay or Take Delivery
7.1 If payment is not made within 30 days of the due date or if goods have not been collected within 3 (three) months of notification of their availability or if there is an earlier indication that payment will not be made or goods will not be collected, we will send you written notice to the invoice address of our intention to dispose of the goods. If you do not object in writing within 10 days of the dispatch of such notice accompanying such objection with payment in full or where appropriate confirmed arrangements for collection, we will be entitled to resell the goods by a method entirely in our discretion.
7.2 Upon resale, the CUSTOMER will receive a credit of the net proceeds less 20%. Any balance due after the credit shall remain payable and shall continue to carry interest. The exercise of this right of resale does not affect any other remedy and/or compensation we may have.
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8. Force Majeure
The SUPPLIER shall not be liable for any default to supply ordered goods or otherwise to perform its obligations due to circumstances beyond SUPPLIER’s reasonable control (force majeure).
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9. Quality and Attributes
The CUSTOMER should bear in mind that the SUPPLIER is a sale agent and not producer or bottling property and whilst SUPPLIER shall make every effort to ensure proper cellaring of wines in its possession and will act in due care in purchasing wines, the SUPPLIER is not responsible for the condition of wines or whether they show any qualities which might be expected by the CUSTOMER.
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10. Dispute Resolution and Applicable Law
10.1 This contract is made under European Union Law and the laws of the Republic of Bulgaria and is subject to the exclusive jurisdiction of the competent court as per the applicable legislation.
10.2 Any dispute between the SUPPLIER and the CUSTOMER shall be settled by mutual consent and in case a mutually beneficial solution may not be reached – by consumer protection authority of the CONSUMER state of residence or the CUSTOMER may use the website of the European Commission Online Dispute Resolution.
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11. Moderation
We trust fine wines are best enjoyed in moderation. More information and guidelines can be found at: Wine in Moderation
Contact Information
E-mail: info@wineand.ventures
VAT UID Austria: ATU73924417
VAT UID Bulgaria: BG205225009
Banking Details: Municipal Bank PLC, IBAN: BG35SOMB91301065500301, SWIFT/BIC: SOMBBGSF
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Wine and Ventures LTD has its registered seat at 12 Vishneva Str., Office 1, 1164 Sofia, Bulgaria, reg. company number: 205225009, Tel: +359 2 969 12 50 Fax: +359 2 969 12 89
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wine& is a registered trademark of Wine And Ventures Ltd. All unauthorized use of the logo and the wine& brand are strictly forbidden.