TERMS AND CONDITIONS AGREEMENT

8wines.com (“Website”) is an online wine selling site, owned and operated by 8Wines SRO, a company registered in the Czech Republic (“Company”, “We”, “Us”, “Our”).

By using this website, you agree to be bound by these terms and conditions ("Terms and Conditions"). All disputes shall be governed by and construed in accordance with the laws of Czech Republic and the practice of law thereof, subject to the exclusive jurisdiction of the Czech Republic courts. (If you do not agree to our terms and conditions, please leave our website immediately.)

Eligibility To Use The Website

This Website is meant for use by persons over the age of 18 years. By using, accessing or ordering through this Website, you represent and warrant that –

1. you have the right, authority, and capacity to enter into this Agreement;
2. you are of the age of maturity as applicable and defined under the Czech law, i.e., of or above the age of 18 years;
3. you shall abide by all the terms and conditions laid out under this Agreement;
4. if you are purchasing wine as a gift, the person receiving the wine must be at least 18 years of age;
5. you will not purchase wine from this Website on behalf of a minor (a person below 18 years of age);
6. you will not permit any minor (a person below 18 years of age) to have access to any of the materials contained within this Website;
7. your use of this Website does not violate any applicable law, rule or regulation.

Acceptance of order placed on the Website shall be at our sole discretion. We reserve the right, in our absolute discretion, to accept or reject, either fully or partially, any order so placed.

Although we strive to ensure availability of all products showcased on this Website at all time; however, we can not guarantee availability of all items or specific products on our website due to any reason. In case a product is unavailable when you place your order, we shall contact you to either select a suitable replacement, or another acceptable arrangement for the completion of your order.

Prices

• The prices shall be listed in multiple currencies.

• All prices are inclusive of Value Added Tax (VAT) for EU orders and shipping unless otherwise stated. Please note that for deliveries outside of EU, it is the sole responsibility of the customer to confirm that the wine can be imported into the country of delivery, and to pay all local customs duties and taxes associated with the shipment. Please contact your local customs authorities prior to placing the order in order to verify if your wine order can be imported into your country of origin.

• It shall be our endeavour to ensure that all pricing information on this Website is accurate and up to date. However, an error in price may occur occasionally. In such an event, we will, at our discretion, either contact you and ask if you wish to cancel your order and claim full refund or continue with the order at the revised price, in which case, you may be required to pay the price difference. We may, at our sole discretion, cancel your order, and in such an event, we will not be obliged to supply goods at the incorrect price.

• We reserve the right to change the price or quantity of any product at any time, at our sole discretion. However, such change in price or quantity shall not affect the order already placed on the Website at previous price or quantity.

• All delivery charges shall be additional.

Orders and Payment

• Orders shall be considered final only upon receipt of full payment.

• We accept the following modes of payment: Visa, MasterCard, Maestro, Amex and bank transfers.

• The invoice for all the successful orders is generated instantly and is sent to the registered email address of the purchaser.

• The details of the order shall be available in the “Shopping History” section in the user’s account.

• All orders are processed using SSL encryption technology, which is industry standard for secure online transactions. All the financial information of the purchaser is sent across in an encrypted mode to the third party payment gateway for further processing. Thus, we do not record or store any information on our systems or premises.

• The products showcased on this Website are the property of the Company until full payment of the invoice, in accordance with the applicable law. However, the purchaser becomes responsible for the products once they have been delivered.

Promotions

All promotional campaigns, including without limitation, vouchers, discount codes, coupons, etc. shall be subject to the terms and conditions associated with the respective promotional campaign. We reserve the right to refuse the orders that do not fulfil this criterion.

Rewards Program

The Rewards Program offers membership and benefits to registered customers at the sole discretion of the Company.

Only individuals of majority age may enroll in the Rewards Program. The reward points can be earned by all registered customers after making a purchase on the Website. The reward points earning rate is 1 to 1. Customers will earn 1 point for every Euro spent on all purchases. The reward points redemption rate is 20 to 1. Customers can redeem their points at checkout, where the discount of 1 Euro would amount to 20 reward points. The maximum points that can be used per order should not exceed 1000. The reward points expire in 45 day after they are rewarded to the customer.

The Company reserves the right to add, modify, delete or otherwise change any of the rules, procedures, conditions, benefits of the rewards program and reward levels pertaining to the program at its sole discretion, with or without notice. The rewards points can not be exchanged, transferred, or redeemed for cash or any other form of credit.

Delivery

1. Delivery charges shall be mentioned alongside the price of the product.
2. Delivery schedule shall be estimated at the time of placing the order depending on service type and arrival destination.
3. All orders placed before 1.00 PM Central European Time (CET) are shipped the next working day. Therefore, the orders placed before 1.00 PM (CET) on a Friday will usually ship on the following Monday.
4. All the orders qualifying for next day delivery shall not be delivered on weekends. In case you require delivery on Saturday, please contact us with a specific request. We may, at our sole discretion, arrange for such delivery.
5. The orders placed on a Saturday, Sunday or Bank Holiday will be dispatched only on the following working day.
6. If a product is unavailable we shall contact you and either arrange a new delivery date or agree on a suitable replacement.
7. The deliveries are carried out by an independent courier agency. However, we reserve the right to select the courier agency of our choice for deliveries.
8. As far as possible, you are expected to receive the courier personally. However, if you choose to have your order left with a neighbour or put unsigned outside your premises, we assume no responsibility for any loss to the ordered product whatsoever.
9. We shall not be liable for any delay in delivering the ordered product due to any Act of God, such as natural disasters (earthquake, storm, rain, fire, flood, etc.); war, riot, civil commotion, compliance with any governmental rule, etc.

Cancellation

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform 8wines.com Tel. +420 702 073 155, email: [email protected] of your decision to cancel this contract by a clear statement by post of email. Please clearly state in the cancellation communication your name, order number and date of purchase. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. If you were not available to take physical possession of the goods from the carrier for an extended period of time and the goods were returned to us, the full cost of shipment will be deducted from your refund.

If you cancel this contract within 14 days, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Returns and Refunds

Any damaged or defective wines received by the purchaser are fully returnable 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the good. We shall offer you the option of refund or exchange (if available) of wine provided the faulty product is returned to us in the same condition as it was originally received by the purchaser without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.The returned product should be sent in the original box in which you received your order.

The refunds for cancelled orders shall be processed within 30 days of receiving the faulty product. Refund or exchange of wine shall be subject to the audit of returned product.

If wines have been damaged during transit, please contact us within 10 days of delivery, with the description of the damage and pictures (original box with the transport label and damaged bottle).

The returns and cancellations policies above listed do not affect your statutory rights.

Proprietary Rights In The Content on The Website

The Website contains the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) belonging to the Company. Such Content is protected by copyright, trademark, patent, trade secret and other laws relating to the Intellectual Property, and the Company owns and retains all rights in the Website Content. We hereby grant you a limited, revocable, non-sub-licensable license to reproduce and display the Website Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Website features and services.

Do’s and Don’ts

You shall not use the Website for any act of omission or commission, which amounts to –

• being unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• being exploitative of people in a sexual or violent manner;
• containing nudity, violence, or offensive subject matter or contains a link to an adult website;
• involving minors (those under the age of 18 years) in any way;
• impersonation of any person or entity or falsely stating or otherwise misrepresenting user’s affiliation with a person or entity;
• infringement of any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging or spamming;
• transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupting the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• interference with or disrupts the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• violating someone’s privacy;
• violating or abusing the rewards points terms of use
• intentionally or unintentionally violating any applicable local, state, national or international law and any regulations having the force of law;

Copyright Policy

We respect the Intellectual Property Rights of the Rights holders and we encourage the users of this Website to give due respect to the rights of the Rights holders. Any material infringing on the copyrights of any other person is strictly prohibited from being posted on the Website. Any user found compromising on the strict Copyright Policy is liable for termination of his/her account on the Website.

A notice will be served to the user in case he is found in violation of the copyright of any person. If he fails to act on that notice or repeats the offence, his account will be terminated immediately without any further notice.

Privacy

The use of this Website is governed by our Privacy Policy, which may change from time to time upon electronic notice to you. You are requested to read and agree to our Privacy Policy by clicking here.

Indemnity

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your connection to the Website, your violation of this Agreement, your violation of any rights of another, or any other loss suffered by the Company on account of your direct or indirect conduct.

Limitation of Liability

To the extent that these Terms are permitted by law for regulatory purposes, in no event shall the Company be liable for any indirect, consequential, incidental, special or punitive damages, including lost profits, arising out of your use of this Website, even if the Company has been advised of the possibility of such damages. Notwithstanding anything to the contrary in these terms and conditions and the form of action, the Company's liability shall be limited solely to the amount paid by you as a result of your use of this website. 

Modifications to Website

We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice, at any time and from time to time. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

Dealings With Advertisers

We disclaim your communications or subsequent transactions with the advertisers or promoters found on or through the Website, including payment and/or delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings. You agree that the Company shall not be responsible or liable for any loss or damage incurred as a result of any such dealings or as a result of the presence of such advertisers on the Website.

Other Disclaimers

• We shall not be responsible for any incorrect or inaccurate Content posted on the Website, whether caused by users of the Website or by any of the equipment or programming associated with or utilised in the Website;
• We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications;
• We shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with this Website;
• This Website is provided on an “as is and as available” basis and we disclaim any warranty of fitness for a particular purpose or non-infringement;
• We cannot and do not guarantee any specific results from use of the Website;
• No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in this Agreement.

Governing Law

Any disputes which may arise in connection with these terms and/or as a result of your use of this website shall be subject to the laws of Czech Republic , as interpreted and enforced, and to the exclusive jurisdiction of the Czech courts if you are a trader.

Amendments to this Agreement

This Agreement is subject to modifications or alterations at the sole discretion of the Company, without any prior intimation to anyone. Your continued use of the Website signifies your implied consent to the amended Agreement. Therefore, we strongly advise you to visit this page often to remain updated on the latest amendments.

Miscellaneous

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Website.

The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

The Section Titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Contact Us

If you require any clarification and/or information, please feel free to contact us at:

8Wines SRO

Radlická 112/22, Smichov

150 00 Praha 5

Czech Republic

+420 702 073 155

Email: [email protected]