Wine so Easy

Wine so Easy - General Terms and Conditions

Wine so Easy registered at Beethovenstraat 61-1 1077 HN Amsterdam, The Netherlands KVK: 81664346.

This Terms and Conditions constitute a legal agreement between you, as User/Buyer, and WineSoEasy, and governs purchases on the Website.

Wine so Easy reserves the right to modify the Terms and Conditions at any time, informing Users by publishing a notice within the Website. Users are invited to consult the most updated version of the Terms and Conditions before making any purchase. The applicable Terms and Conditions are those in force on the date the purchase order is sent.

Users who continue to use Website after the publication of the changes accept the new Terms and Conditions in their entirety and without reservation.

In the event of discrepancies between the content and meaning of the Terms and Conditions, as well as in the case of conflict between the content or interpretation of any translations of the Terms and Conditions, and the English version, the English text will prevail.

DEFINITIONS

Agreement means the agreement between WineSoEasy and Buyer on the basis of which Wine so Easy supplies Products to Buyer against payment.

Buyer refer to the natural person or legal entity who purchases Products from Wine so Easy and who is the other party to the Agreement with WineSoEasy.

User, you, your and similar terms, either in singular or plural form, refer to any natural person or legal entity using the Website. and thereby does not act in the exercising of a profession or operating of a company.

Order Confirmation means the email that Wine so Easy sends as shipping confirmation at the time of stipulation of the sales contract which also includes the shipment data relating to the shipment of all or part of the purchased products.

Order Summary means the email that Wine so Easy sends when the Order is received.

Order means an order to supply Products by the Buyer from Wine so Easy, which also includes the shipment data relating to the shipment of all or part of the purchased Products.

Parties refer to Wine so Easy and the Buyer jointly. Products mean all goods, including wine and other beverages, which are the subject of the Agreement.

Terms and Conditions (or Terms) refers to these terms and conditions of service.

We, our and similar terms refer to the company Wine so Easy that owns and manages the Website as outlined in the present document.

Website refers to the current Wine so Easy’s website, which can be accessed at: https://winesoeasy.com or https://winesoeasy.nl.

Wine so Easy refers to the company that holds Wine so Easy`s products sold on the Website and of the brands present on them, with which the Buyer concludes the Agreement.

Service refers to the service provided by Wine so Easy as described in the Terms and Conditions.

REGISTRATION

In order to use the Website or any part of it, Users must read the Terms and Conditions carefully and register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and the Terms and Conditions in full. If Users don’t accept the Terms and Conditions he/she cannot use the Service.

Users are responsible for keeping their login credentials confidential.

It is understood that the Wine so Easy shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credential.

Registered User can cancel their accounts and stop using the service at any time, through the interface of the Website or by directly contacting the Wine so Easy. Wine so Easy, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.

Wine so Easy reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:

User has violated the Terms and Conditions; and/or

User's access or use of the Website may result in injury to Wine so Easy, other Users or third parties; and/or

the use of the Website by the User may result in violation of law or regulations; and/or

in case of an investigation by legal action or governmental involvement; and/or

the account is deemed to be, at the Wine so Easy’s sole discretion, for whatever reason, inappropriate or offensive or in violation of the Terms and Conditions.

APPLICABILITY

The Terms and Conditions are applicable to any and all proposals, Agreements and deliveries of Wine so Easy, of whatever nature, unless expressly stipulated in writing otherwise, and constitute a legally binding agreement between the User/Buyer and Wine so Easy. Any other terms and conditions of the Buyer are deemed expressly rejected. Wine so Easy does not warrant that the contents of this site are appropriate or lawful in other countries. The possible invalidity, nullity or ineffectiveness of one or more of the Terms where accepted, shall not result in the invalidity, ineffectiveness or nullity of the remaining clauses which shall remain valid and effective.

Should one or more provisions of the Terms and Conditions be in conflict with or in breach of a mandatory statutory provision or any applicable legal provision, or be unenforceable, then the relevant provision is null and void to the extent of the conflict or the breach, and is severable, but does not invalidate any other provision of this Agreement and they will remain in force, and shall be replaced by a new, legally permissible and comparable provision to be agreed upon by Wine so Easy.

PRICES

For Orders within the Netherlands, the given prices include VAT and other applicable government levies. The postage and packaging fees shall be borne by the Buyer, unless the Buyer indicates that he/she wishes to collect the Products from the company. For Orders outside the Netherlands, the prices provided by Wine so Easy for freight are exclusive of VAT, insurance, import duties, excise duties etc. applicable in the importing country and other taxes or levies imposed or charged in relation to the goods, but including transport and packaging costs, unless otherwise stated.

Wine so Easy is entitled to change its prices at any time. Proposals and offers shall not automatically be applicable to future Orders.

PURCHASE PROCEDURE

Each Order constitutes an offer for the purchase of Products. Wine so Easy reserves the right, at its unquestionable judgement, to accept or refuse the Order after having checked the availability of the concerned Product. The User must select the products and complete the check-out, after having duly checked the information contained in the Order Summary. The Order is placed by confirming the Order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary. The Order Summary does not constitute acceptance of the Order. The Agreement is concluded when the Order Confirmation is sent by Wine so Easy to the email address provided by the User. Wine so Easy reserves the right not to confirm an Order, notifying the User within 5 (five) working days of placing the Order, at the email address associated with the purchase, about the unavailability of one or more Products he/she has purchased. In this case, Wine so Easy will refund the price and shipping costs incurred by the User, if any.

PAYMENT METHODS

Payment shall be made by means of prior bank transfer, by means of a payment method offered on Website, such as iDeal or credit card. Wine so Easy uses third party instruments to process payments and does not in any way enter into contact with payment data - such as credit card data – provided by Users. Any declined payment costs will be charged to the User. All prices are inclusive of VAT and expressed in Euro. The total Price resulting at the end of the Order Summary is inclusive of shipping costs.

RETENTION OF TITLE

Until the price of the ordered Products has been paid in full, the Products remain the property of Wine so Easy.

A Buyer serving as an international seller does not have the right to sell or supply the Products that are subject to Wine so Easy’s retention of title, nor if that is customary in the ordinary course of his/her business.

PRODUCT AVAILABILITY

Prices, descriptions or availability of the products on display are subject to change without notice. Wine so Easy may change the prices, descriptions or availability of the products on display without notice, on the understanding that the price charged to the User will be the one published on the product information sheet at the time the order is sent. The photos posted on the Website are for representation purposes only and may not constitute an exact representation of the products. Clear errors or clerical errors in the proposal on the Website or price lists, shall not bind Wine so Easy.

Wine so Easy will do its best to present the characteristics of the Products with the greatest possible degree of detail on the Website and within each Product sheet viewed by the User. However, the images and colours of the Products offered for sale on the Website may differ from the real ones due to a number of factors, therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.

In case of unavailability of the ordered Product, without prejudice to the rights attributed to the User by law, the User will be promptly informed by e-mail or telephone. The User will therefore be entitled to cancel the Order and, in any case in which the payment of the total amount due has already been made, Wine so Easy will refund this amount without undue delay and no later than 15 working days from the date of collection. This amount shall normally be credited to the same means of payment used by the User for the purchase. Any delays in crediting may depend on the bank, credit card type or payment solution used.

EXECUTION OF THE ORDER

The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered. The Wine so Easy shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation. The Order shall be executed within the terms specified in the Order Summary and in the Order Confirmation email, subject to availability of the ordered Product. Wine so Easy shall not be liable for damages suffered by the Buyer due to delays in delivery that are not due to circumstances foreseeable by the parties at the time of sending the Order Confirmation.

SHIPPING

Shipping costs vary depending on the size, weight and destination of the chosen items. Free shipping is also available for orders above a certain amount, depending on the destination. Restrictions may be applied on the quantity of products that can be purchased, for orders placed outside the European Union. Wine so Easy does not assume responsibility for delays in customs clearance but is committed to minimmizing any inconvenience.

DELIVERY

Deliveries are made during normal working hours to the address provided by the Buyer and in the manner specified in the Order Summary.

It is the Buyer's responsibility to check the condition of the Product delivered to him/her. It is also understood that the risk of loss or damage of the Products, for reasons not attributable to Wine so Easy, is transferred to the Buyer at the moment when the Buyer, or a third party designated by the latter and different from the courier, materially comes into possession of the Product. The Buyer is advised to check the number of Products received and to make sure that the packaging is intact, not damaged, not wet or in any way altered, even in the materials used to close the package, and the Buyer is invited, in his/her interest. In case the Buyer notices anything out of the ordinary, the Buyer is urged to declare it on the carrier's transport document and accept the package with reservation. Receiving the Products without reserve, in fact, does not allow the Buyer to take legal action against the courier in case of loss or damage to the Products, except in the case where the loss or damage is due to the courier’s intent or gross negligence and except for partial loss or damage not recognizable at the time of delivery. In the latter case, the damage needs to be reported as soon as it comes to the Buyer’s knowledge and no later than eight (8) days after receipt of the goods. In case the packaging shows evident signs of tampering or alteration, Users is urged to promptly notify Wine so Easy thereof. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.

In case the Buyer fails to collect the Products within the term established by the carrier, the Products will be returned to Wine so Easy, which will refund the price of the Products excluding the shipping costs. Wine so Easy cannot be held responsible for any errors in the delivery due to inaccuracies or incompleteness of the information provided by the Buyer in the Order, nor for damages that may have been caused to the Products after they were delivered to the carrier or delays in the delivery if the Buyer choose to select and appoint a courier himself or for delays in delivery attributable to the Buyer.

RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the contract without justification, within 14 days (Withdrawal Period). The Withdrawal Period expires after 14 days from the day on which the Buyer physically possesses the Products. In order to exercise the right of withdrawal, the Buyer must inform Wine so Easy of the decision to withdraw by means of a declaration sent to the contacts indicated above within the Withdrawal Period.

To exercise the right of withdrawal the Buyer must send an email to: _info@winesoeasy.com_ and/or_________________ with an explicit statement of his/her decision to withdraw from the contract (Withdrawal Declaration). As the burden of proof relating to the exercised right of withdrawal within the Withdrawal Period is borne by the User, the User is invited to keep a copy of his/her Withdrawal Declaration sent to Wine so Easy.

EFFECTS OF WITHDRAWAL

If the Buyer correctly withdraws from his/her contract, he/she will be refunded for all payments made to Wine so Easy for the purchase in question, including delivery costs but excluding the costs of returning the goods to be borne by the User, in no later than 14 days from the day on which Wine so Easy received the goods and is made sure that the Products are intact, not damaged, not wet or in any way altered. The refund shall be made using the same means of payment used by the Buyer for the transaction.

The Buyer is requested to send back the goods and to deliver them to Wine so Easy without undue delay and in any case within 7 days from the day of the Withdrawal Declaration. The deadline is met where the goods are shipped before the expiry of the 7-day period. The costs of the return of the goods must be paid by the User.

The Buyer is solely liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

LIMITATIONS TO THE RIGHT OF WITHDRAWAL Returned products that are damaged or used in a different and excessive way with respect to what is strictly necessary to establish their nature, characteristics and operation will be refunded after deduction of an amount equal to the reduction in value caused from the damage or use. In case of a total decrease in the value of the product, no refund will be recognized.

A copy of the delivery document received by the Buyer has to be inserted in the package.

The right of withdrawal may not be exercised by the Buyer where one of the following exceptions is applicable to the purchased goods:

• goods made to measure or personalised;

• goods perishable or expiring rapidly;

• sealed goods not suitable for return for hygienic or health protection reasons where they have been unsealed after delivery.

APPLICABILITY OF WITHDRAWAL CLAUSES

The clauses relating to the exercise of the right of withdrawal, including the related consequences and exceptions, shall exclusively apply to the Users/Buyers who qualifies merely as consumers.

INDEMNITY CLAUSE

The Buyer undertakes to indemnify and hold Wine so Easy (including subsidiaries or affiliates, its representatives, directors, agents, licensees, partners and employees), harmless from and against any claim or liability, including but not limited to any legal fees and costs incurred by Wine so Easy arising from damage caused by the Buyer’ use of or connection to the Websites violation of the Terms and Conditions of any third-party rights.

LIABILITY

Wine so Easy shall be liable for contractual and non-contractual damages towards Buyer and third parties exclusively on the grounds of willful misconduct or gross negligence when these are an immediate and direct consequence of Wine so Easy's activity.

Direct damage is exclusively understood as:

the reasonable costs for the establishment of the cause and the scope of the damage, to the extent that the establishment is related to damage within the meaning of these general terms and conditions;

the possible reasonable costs incurred in order to have the defective performance of Wine so Easy comply with the Agreement, unless they cannot be attributed to WineSoEasy.

Wine so Easy’s liability for damage shall be limited to compensation of direct damages only within twice the invoice amount of the Agreement (excluding VAT), or that part of the Agreement to which the liability relates. Wine so Easy shall not be liable for damage, of any nature or any form whatsoever, in case it has arisen from incorrect and/or incomplete data supplied by the Buyer and/or incorrect or unsuitable use of the Website by Buyers or third parties.

Wine so Easy shall not be liable for:

• any losses that are not a direct consequence of a breach of Agreement by Wine so Easy;

• any loss of business opportunity and any other loss, even indirect, suffered by the Buyer (including but not exclusively, commercial losses, loss of revenues, income, presumed profits or savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.);

• damage or loss deriving from interruptions or malfunctions of the Website due to force majeure or, in any case, to unforeseen and unforeseeable events and/or independent of the will and beyond the control of Wine so Easy such as, including but not exclusively, breakdowns or interruptions to telephone or power lines, the Internet and/or other tools of communication, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties; and in any cases, Wine so Easy liability for compensation for damage is limited to 1 (one) month after delivery of the Products to which the damage relates.

APPLICABLE LAW AND JURISDICTION

The construction, validity and performance of the Terms and Conditions and all non-contractual obligations arising from or connected with the he Terms and Conditions shall be governed by Dutch law. All disputes between Wine so Easy and a Buyer arising in connection with the Terms and the Agreement, or further Agreements resulting therefrom, shall be subject to the exclusive jurisdiction of the Court of Amsterdam, unless a mandatory statutory provision opposes such.

AVAILABLE CONTENTS

The contents available on the Website are protected by copyright law and other international laws and treaties protecting intellectual property rights and, unless otherwise stated, their use is permitted to User or Buyer only within the limits specified in this clause. The User/Buyer is expressly not allowed to reproduce, duplicate, copy and/or download and/or share (except within the limits illustrated below), modify, publish, transmit, sell, resell, exploit, sub-license, process, transfer/assign to third parties or create derivative works based on the contents in any way, including those of third parties, available on the Website, nor allow third parties to do so through the User or his/her device, even without his/her knowledge without the Wine so Easy’s express prior written permission. Wherever expressly indicated on the Website, and for personal use only, the User/Buyer may be authorised to download and/or copy and/or share certain content made available on the Website, provided that he or she faithfully reproduces all copyright and other indications provided by Wine so Easy. Wine so Easy does not perform any prior moderation on the content or links provided by third parties and shown on the Website. WineSoEasy is not responsible for such contents nor for their accessibility.

INTELLECTUAL PROPERTY RIGHTS

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Wine so Easy are, and remain, the exclusive property of the Wine so Easy or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other signs, trade names, service marks, word marks, trade denominations, illustrations, images, logos concerning third parties and the content posted by such third parties on the Website are and remain the exclusive property of or at the disposal of these third parties and their licensees and are protected by applicable trademark laws and international treaties. Wine so Easy does not own such intellectual property rights and may use them only within the limits and in accordance with the contracts stipulated with these third parties and for the purposes outlined therein.

AGE ELIGIBILITY

Users/Buyers declare to be adult according to their applicable legislation. Under no circumstance persons under the age of 18 may use the Website. User/Buyer declares and guarantees that those who will receive the shipment of the purchased products are of legal age according to the applicable legislation.

The data communicated by the User/Buyer and required for the execution of the contract are processed in accordance with the provisions of EU Regulation 679/2016. For information regarding the use of personal data, User/Buyer should refer to the privacy policy of www.winesoeasy.com.