Terms of Use
General
Please read these Terms of Use (hereinafter to be called: “Terms”) carefully before using the unitedwinecellars website. We realize its is quite a lot of text, however we do need to apply rules in order to create a safe and comfortable (market/internet)space.
Using the unitedwinecellars website indicates your agreement with our Terms. If you do not agree to one or more of these Terms, you may not use the unitedwinecellars website. Before you act/trade on the unitedwinecellars website you will have to specifically state your acceptance.
These Terms have been deposited at the Chamber of Commerce Haaglanden at The Hague and will be sent to you upon request.
This website was made by UNITED WINE CELLARS B.V., having its official office in The Hague, Chamber of Commerce registration: 27342080, (hereinafter to be called: “UNITED WINE CELLARS B.V.”).
Permitted Use
As user of the unitedwinecellars website you must in every respect act and behave in a manner that may be expected of a responsible and careful internet user. Using the unitedwinecellars website or its contents for acts or actions that are in violation with the law, public order and morality is not permitted. In particular, the following acts and/or actions are not permitted:
1. attempt to access the unitedwinecellars website or any of its content, if you are under the legal drinking age of the jurisdiction from which you accesses this website;
2. upload, post or otherwise transmit through or to the unitedwinecellars website any content that:
o is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
o might violate or otherwise infringe the intellectual property rights, privacy rights, rights of publicity or other proprietary rights of UNITED WINE CELLARS B.V. and/or others;
o contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
o can be considered as junk mail, chain letters, or other unsolicited bulk email or duplicative messages;
3. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to, any portion of the unitedwinecellars website, its computer systems, servers or networks;
4. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
5. collect information about other visitors/users to the unitedwinecellars website without their consent, or otherwise systematically extract data or data fields, including - without limitation - any financial data or email addresses;
6. sell access to or the use of the unitedwinecellars website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by UNITED WINE CELLARS B.V.;
7. copy, change, distribute or disseminate, apply reverse engineering to, or disintegrate the material provided by UNITED WINE CELLARS B.V., such as logos, images and text, or use/exploit these in any other manner.;
8. distribution of legally banned materials;
9. avoiding or removing the security of the unitedwinecellars website or parts thereof;
10. fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
11. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
12. manipulate the price of any item, or interfere otherwise with other user's listings;
13. circumvent or manipulate our fee structure, the billing process, or fees owed to UNITED WINE CELLARS B.V.;
14. take any action that may undermine the feedback or ratings systems;
15. transfer your account (including feedback) and User ID to another party without the consent of UNITED WINE CELLARS B.V.;
You are only allowed to introduce a hyperlink (a technical order) that refers to the unitedwinecellars website and/or UNITED WINE CELLARS B.V. and by which the unitedwinecellars website appears in the context of the website, if UNITED WINE CELLARS B.V. has granted you written permission to do so beforehand. Requests to make a hyperlink may be addressed to contact@unitedwinecellars.com
UNITEDWINECELLARS B.V. has not reviewed all of the sites that are linked to this website and is not responsible for the content of any off-site pages or any other sites linked to this website. Any linking to any other off-site pages or other sites is strictly at your own risk.
Without limiting other remedies, UNITED WINE CELLARS B.V. may limit, suspend or terminate its service and user accounts, prohibit access to the unitedwinecellars website, delay or remove hosted content, and take technical and legal steps to keep users off the unitedwinecellars site, if UNITED WINE CELLARS B.V. suspects that they are creating problems, possible legal liabilities, or acting inconsistently with the Terms. UNITED WINE CELLARS B.V. also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. If you fail to observe the above permitted use, UNITED WINE CELLARS B.V. reserves the right to claim compensation from you for the loss ensuing from this prohibited use.
UNITEDWINECELLARS B.V. reserves the right to monitor, review, retain, and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or legitimate governmental request.
Fees and Services
When joining as a cellar holder, using the basic version of our cellar stock list program and/or bidding on listed items is free.
UNITED WINE CELLARS B.V. does charge fees for using other services, such as listing items and specific service levels/subscriptions.
When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule. This schedule may be changed by UNITED WINE CELLARS B.V. from time to time. Changes to that schedule are effective after UNITED WINE CELLARS B.V. has provide you with at least fourteen days' notice by posting the changes on the unitedwinecellars website. UNITED WINE CELLARS B.V. may choose to temporarily change the fees for its services for promotional events (for example, free listing days) or new services, and such changes are effective when / al long as the temporary promotional event or new service are posted on the site.
Unless otherwise stated, all fees are quoted in Euro’s. You are responsible for paying all fees and applicable taxes associated with UNITED WINE CELLARS B.V., the unitedwinecellars website and other services, in a timely manner with a valid payment method. If your payment method fails or your account is past due, UNITED WINE CELLARS B.V. may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel etc.
Content
When you give UNITED WINE CELLARS B.V. content, you grant UNITED WINE CELLARS B.V. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
General Legal
Intellectual property rights
All intellectual property rights related with the unitedwinecellars website rest exclusively with UNITED WINE CELLARS B.V. and/or third parties engaged by it. Intellectual property rights include copyrights, patents, trademarks, trade names, databank rights, design rights, domain names and other intellectual property rights in the Netherlands or abroad, that are related to the unitedwinecellars website and/or UNITED WINE CELLARS B.V. in general, including know-how and business secrets. It is not permitted to use the UNITED WINE CELLARS B.V. intellectual property rights in any way unless you have obtained written consent beforehand. Next to that you may not change or remove any trademarks or identifying symbols in the material and/or any indications regarding intellectual property rights. In the event of violation of the intellectual property rights of UNITEDWINECELLARS B.V. and/or its suppliers, UNITED WINE CELLARS B.V. reserves the right to claim compensation for any loss it incurs.
Liabillity
You do acknowledge and agree that you have made your own inquiries as to the suitability and fitness of UNITED WINE CELLARS B.V. and/or the unitedwinecellars wensite for the purposes of providing the services described herein, and that you have not relied on any representations made by UNITED WINE CELLARS B.V. or its representatives other than those described in these Terms.
You will not hold UNITED WINE CELLARS B.V. responsible for users' content, actions or inactions, or items users list. You acknowledge that to the unitedwinecellars website is a venue to allow anyone to offer, sell, and buy wine and wine related goods, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. UNITED WINE CELLARS B.V. is not involved in the actual transaction between buyers and sellers. UNITED WINE CELLARS B.V. has no control over and does not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
UNITED WINE CELLARS B.V. does not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller.
You agree to release UNITED WINE CELLARS B.V. from any liability for any damage, injury or loss, monetary or otherwise that you incur as a result of either your or another party's use of the unitedwinecellars website, services, products or third party references, except as expressly described herein. UNITED WINE CELLARS B.V. expressly disclaims any liability for any damage, injury or loss, monetary or otherwise that you incur through reliance upon the accuracy and completeness of information provided by UNITED WINE CELLARS B.V. trough its website, employees, contractors, third party content providers, licensors or information attendant to or included in any of the services provided by UNITED WINE CELLARS B.V.
The use of and any browsing of the unitedwinecellars website, related internet services are at your own risk. To the extent fully permitted by law, neither UNITED WINE CELLARS B.V. nor any other party involved in creating, producing, or delivering the website is or shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the unitedwinecellars website, or related services. The material contained in this website may contain inaccuracies and errors. UNITED WINE CELLARS B.V. does not guarantee that the functional aspects of the unitedwinecellars website will be uninterrupted or error-free or that this website, or the server that provides them are free of viruses or other harmful components. The unitedwinecellars website and verything on the website are provided to you"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) 100 Euro.
Warranties
Any warranties on any product offered and/or mentioned on/through the unitedwinecellars website, are provided by the selling party, and never by UNITED WINE CELLARS B.V. Warranty issues may be settled directly with the selling party, without UNITED WINE CELLARS B.V. intervention. The selling party warrants the authenticity of all goods sold via the unitedwinecellars website.
Indemnity
You hereby agree to defend, indemnify and hold harmless UNITED WINE CELLARS B.V. and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, licensors and assigns against any and all claims, damages, costs, fines, penalties, liabilities, losses, attorneys' and other professional fees and disbursements, suffered, incurred by, or asserted against UNITED WINE CELLARS B.V. and all other above mentioned, including any amounts incurred or paid in settlement or any judgment of any action, suit, or proceeding brought under any statute, at common law, or otherwise, which arises under or in connection with:
- your use of the purchase of goods pursuant throug the UNITED WINE CELLARS B.V.shipments or valuation or goods for shipping purposes;
- unitedwinecellars website
- purchase or subscription pursuant throug
- valuation or sustained valuation of goods purchased;
- any use or alleged use of accounts or passwords by any person, whether or not authorized by that user;
- the content, quality or performance of content that user submits to tunitedwinecellars website;
- user violation of this Agreement; or
- user violation of the rights of any other person or entity, including without limitation intellectual property rights and rights of privacy and/or publicity
except to the extent that such liability is the direct result solely of UNITED WINE CELLARS B.V. gross negligence or willful misconduct.>
UNITED WINE CELLARS B.V. reserves the right, at UNITED WINE CELLARS B.V.’s own expense, to assume the exclusive defense and control of any matter for which user is obligated to indemnify UNITED WINE CELLARS B.V. and all other above mentioned, and user agrees to cooperate with UNITED WINE CELLARS B.V.’s defense of these matters at no cost to UNITED WINE CELLARS B.V.
The foregoing obligations of user shall survive, for a period of five (5) years, after the latest of a product sale or termination of UNITED WINE CELLARS B.V.’s services under this Agreement or users use of the UNITED WINE CELLARS B.V. software. User agrees to promptly tender any payments due to UNITED WINE CELLARS B.V. and all other above mentioned under or in respect of the indemnity obligations within five (5) business days following written demand by the UNITED WINE CELLARS B.V. or any other above mentioned.
Privacy protection
These Terms include the terms of use of the UNITED WINE CELLARS B.V. privacy policy, which is hereby incorporated by reference. In the event that there is any inconsistency between these Terms and the privacy policy, these Terms shall take precedence.
UNITED WINE CELLARS B.V. is committed to safeguarding personal information that is entrusted to UNITED WINE CELLARS B.V. UNITED WINE CELLARS B.V. servers are protected by various computer security measures and all personal information is encrypted and transferred through the use of SSL (secure socket layer) protocol. Policies concerning the use and disclosure of any personal information are governed by UNITED WINE CELLARS B.V.’s privacy policy.>
Notices
All notice must be in writing and will be sufficient if sent by certified or registered mail, email or website posting by UNITED WINE CELLARS B.V. to this website. Notifications shall be sent to your the physical or email address of record, or, if to UNITED WINE CELLARS B.V., to Roodborstlaan 26, (2566 ET) The Hague the Netherlands or notices(at)unitedwinecellars.com. Notice by UNITED WINE CELLARS B.V. deposited in the mail in the manner hereinabove described shall be effective from and after the expiration of three (3) days after it is so deposited; email and website notifications shall be effective from and after the expiration of twenty four (24) hours.
Dispute resolution and applicable law
These General Terms, and all matters related to any order that you place via the unitedwinecellars website are subject to Dutch law. All disputes arising from the Terms between UNITED WINE CELLARS B.V. and third parties will be exclusively brought before the competent court in The Hague, the Netherlands.
Changes to these Terms and Conditions
The Effective Date of these terms and conditions is: 1 January 2010.
UNITED WINE CELLARS B.V. reserves the right to amend, update and/or modify these terms from time to time by posting them on the site.
By re-visiting the site, you agree to the new terms and conditions, but you should periodically visit this page to review the current terms of use, by which you will be bound.
