TERMS & CONDITIONS
Last Updated: June, 2024
This agreement is between you the [“User” or “you”] and Vinochy.
If you do not agree with all of the provisions of this agreement, you cannot use Vinochy’s Services. To remove any doubt, in the event of any conflict or discrepancy arising from these Terms and Conditions and any other provisions and/or terms and/or otherwise between Vinochy and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.
Therefore, the use of www.vinochy.com is subject to the following terms and conditions: Vinochy reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of Use’ hypertext link located at the bottom of our webpages.
1. USAGE
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify Vinochy for any losses, costs or damages, including reasonable legal fees, incurred by Vinochy in relation to, or arising out of, such a breach.
2. APPLICABILITY
"These general terms and conditions (the "Conditions") apply to:
(a) The use of any information, pictures, documents and/or other services on the following European online store of Vinochy www.vinochy.com and their different versions/subsidiaries (the “Website”);
(b) The purchase of Vinochy branded products on the Website.
3. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external internet sites. Vinochy hereby declares explicitly, that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. Vinochy shall not be liable for the use or content of internet sites that link to this site or which are linked from it. Our Privacy and Cookie Policy do not apply to any collection and processing of your personal data on or through such external sites.
4. INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though Vinochy has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. Vinochy does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date or accurate.
To the maximum extent permitted under applicable law, Vinochy shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any willful misconduct or from gross negligence on the part of Vinochy.
Vinochy further shall not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
5. INTELLECTUAL PROPERTY
All brand names, logos, product names and titles used on the Website are trademarks or trade names of Vinochy or third party trademark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed solely to Vinochy and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website, to the extent that is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution, replication or republication. Should you wish to use materials or information from this Website, you need our prior written approval from Vinochy to do so.
6. DATA PRIVACY
Vinochy collects and processes your personal data according to the Privacy and Cookie Policy.
7. UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials, whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website, or send these to Vinochy via e-mail or otherwise, you grant us an irrevocable, free of charge, non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we (Vinochy) shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold Vinochy harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
8. ELIGIBILITY
You can order as a registered user or as a guest. You need a valid email address to place an order, and you may need to set your browser to accept both cookies and pop-ups in order to be able to use all the functionalities of the Website, which includes adding products to your shopping cart and submitting your order.
To place an order, you must be at least sixteen (16) years old, or older, whichever is required under applicable law to enter into agreement with Vinochy, and you must be a consumer - not a reseller.
9. ORDERING
The products offered on the Website represent an offer to purchase products from "Vinochy" based on the data provided on the Website.
All prices indicated are conveyed in EURO amounts and include value added tax. Orders and deliveries are possible throughout the world. If Vinochy is not able to execute an order, Vinochy will inform you as quickly as possible. Orders are accepted only in quantities usual for households. For more information about ordering, please check Order Information.
When you submit an order, we will send you an email acknowledging receipt of your order ("Order Confirmation"). This does not mean that we have accepted your order. Our acceptance of the order takes place when the products are shipped to you – we will send you an email confirming that the products have been shipped ("Shipping Confirmation").
At this point, a contract containing these General Terms and Conditions, comes into existence and is binding on you and Vinochy (the “Contract”).
Products on the Website are generally in stock and ready to be sent. Any sizes that are out of stock are marked as “unavailable”. We may have stock issues when customers order products at the same time. When we are unable to ship an item already ordered, we may cancel or reject that part of your order and you will be reimbursed or not charged, accordingly. We work hard to keep our stock levels as accurate as possible. Occasionally, errors may occur. Our online collection is regularly replenished, so it's worth checking back with us regularly if a desired item is listed as “out of stock”.
If you have placed an order in error, or would like to cancel an order before it is delivered, please immediately e-mail Vinochy at: info@vinochy.com . Vinochy will do its best to assist you any way it can. As Vinochy always strives for quick deliveries, it means there is not much time to cancel your order before delivery.
Please note that we cannot make or accept any changes to your order (address, size, color) once your order has been placed.
Fulfilment of all orders on the Website is subject to availability. We explicitly reserve the right to cancel your order for any legitimate reason, including but not limited to the following situations:
- The product is not available
- Your billing information is not correct or is not verifiable
- Your order is flagged up by our security systems as an unusual order or an order suspected of/susceptible to fraud
- You are under 16, or you are otherwise not of the age permitted under applicable local law to enter into an agreement with Vinochy
- You are a reseller
- If applicable, your bank transfer payment is not received within 5 business days after the Order Confirmation
- We could not deliver to the address provided by you
- Due to circumstances or events beyond our control
10. PAYMENT METHOD
You can pay for the products by credit card (MasterCard, Visa, American Express), PayPal and by other means as may be applicable in your country, see here for more information on the payment process.
The maximum amount you can spend in one order varies depending on the payment method you select and whether you are a registered user or a guest. Please see here for more details.
11. PROMOTIONAL OFFERS
Promotional offers (discount codes) from Vinochy are limited to one per customer, per order. It is not possible to combine promotional codes.
If you have a promotion code, please enter it in the shopping bag page in the ‘Promotion code’ field and click on ‘Apply’. Please check and expiry date of your promotion code before using it. Please note: you cannot use more than one promotion code for the same purchase. Please note: if using promotion codes on products on sale and the total discount is higher than 50% of the original price the promotion code might not be applicable. Every promotion code is valid for one time use only, unless stated otherwise.
12. DATA CHECK
During the payment process Vinochy may perform credit checks. Based on the outcome of those checks Vinochy may change, adjust or decline an order and/or the selected payment method. In most cases Vinochy will offer you the option to select a different payment method. Our customer service team will not be informed of the outcome of credit checks.
13. YOUR TOTAL PRICE
The total price specified in the final checkout screen includes tax and shipping costs. This price will be recorded in the Order Confirmation. If paying by credit card, the total amount for your entire order will be reflected on your bank statement.
14. PRICE CHANGES
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect the price in any order which we have already confirmed in the Order Confirmation prior to any price changes.
15. DELIVERY
As a rule, delivery time is 2 to 5 working days after shipping the order. See our delivery information for more details.
If the delivered products have obvious material or production defects, including damage caused by transport, please notify us of such defects immediately by email or phone. Not doing so may affect your legal rights.
16. RETENTION OF OWNERSHIP
You are responsible for the product(s) following delivery of the product(s) to the address you provided us. The product(s) remain the property of Vinochy until payment is made in full.
17. CONTACT INFORMATION
E-mail: info@vinochy.com
18. CHANGES
If Vinochy decides to change these General Terms and Conditions, we will post the changed Terms and Conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
19. GOVERNING LAW AND JURISDICTION
These General Terms and Conditions are governed by the laws of the Netherlands, but excluding the Vienna Convention for the International Sale of Goods. The competent court in Amsterdam, the Netherlands shall have non-exclusive jurisdiction to settle any dispute in connection with these General Terms and Conditions without prejudice to the right of appeal and that of appeal to the Supreme Court, which means that you may bring a claim to enforce your consumer protection rights in connection with these General Terms and Conditions in Amsterdam or in the EU country in which you live.
The Online Dispute Resolution (ODR) platform is accessible through http://ec.europa.eu/odr. Please be aware that Vinochy is currently not participating in an online dispute resolution procedure before a dispute resolution body.
