Terms and Conditions

STANDARD TERMS & CONDITIONS

On this page, you will find a standard version of Website Terms and Conditions. Please note that different Purchase Conditions apply in case of purchases from the Website and the Standard Terms and Conditions herein are integral part of the Purchase Conditions.

  1. DEFINITIONS

    • Goods – the Goods offered and sold by the Merchant or VinoNostrum through the Website.
    • Website – internet environment www.vinonostrum.com and its subpages, including so called national www.vinonostrum websites with abbreviation of any country.
    • Customer – any person who uses the Website and/or has purchased the Goods via Website.
    • Purchase Contract – contract concluded between the Customer and the Merchant or VinoNostrum as the case may be for sale and purchase of Goods.
    • Purchase Conditions – conditions to be followed and fulfilled by Customers, Merchants and VinoNostrum for using the Website and upon conclusion of transactions on the Website (standard conditions of the Purchase Contract).
    • VinoNostrum – VinoNostrum, a company, established and acting pursuant to the laws of the Republic of France, administering the Website www.vinonostrum.com, registration code 823 559 984 00021, registered address 40 rue Alexandre Dumas, 75011, Paris, the Republic of France. When selling in FRANCE and for distance buy to all EU countries except Finland, VAT number FR016002E0252 is used. When distance selling to FINLAND VAT number FI26317022 is used.
    • The singular words and definitions provided in the Standard Terms and Conditions may also include the plural and vice versa.

  2. TERMS AND CONDITIONS

    1. The technical stages involved in entering into the Purchase Contract are described in the Purchase Conditions.
    2. The Customer must identify and correct typing errors before placing the order. Later, if such error is identified by the Customer the errors can only be corrected by contacting VinoNostrum within 12 hours of placing the order.
    3. The Customer is notified of delivery restrictions, if any and acceptable means of payment in the Purchase Conditions or on the Website in course of the ordering process.
    4. Prior to entry into the Purchase Contract the Customers are provided with the following information: the main characteristics of the Goods (incl. the type and name of the alcoholic beverage), the total price of the Goods inclusive of taxes and all additional freight and delivery costs.
    5. The Goods offered and sold through the Website are considered as goods which deteriorate or expire rapidly if not maintained in proper conditions, also when the Goods are unsealed after the delivery the Goods are not suitable for return due to health protection or hygiene reasons, thus the Customer may not withdraw from a Purchase Contract in such case. The Customers shall have the right to withdraw from the Purchase Contract only in cases and adhering to the terms separately provided in the Purchase Conditions.
    6. The Purchase Conditions, including the Standard Terms and Conditions herein, are presented on the Website in a manner which enables to save and reproduce them in the Customer´s computer. VinoNostrum will preserve all the text versions of the Purchase Conditions and the Standard Terms and Conditions at all times. Although the aforementioned documents may be changed by VinoNostrum from time to time all the versions will remain available to the Customers upon request sent to VinoNostrum.
    7. The Standard Terms and the Purchase Conditions may have been translated into national languages of the Customers, in which case each Purchase Contract is entered into in the respective language.
    8. VinoNostrum carries out its activities in accordance with the French law and regulations of European Union.

    The wording of the Standard Terms and Conditions has been approved and enforced on April 7, 2020.

PURCHASE CONDITIONS (B2C)

  1. DEFINITIONS

    • Goods – The Goods sold by VinoNostrum on the Website.
    • Website – Internet environment www.vinonostrum.com and its subpages, including so called national www.vinonostrum websites with abbreviation of any country.
    • Customer – The person who has purchased the Goods via Website.
    • Purchase Contract – Contract concluded between the Customer and VinoNostrum for sale and purchase of Goods.
    • Confirmation of the Purchase Contract – Confirmation issued by VinoNostrum by e-mail concerning conclusion and the provisions of the Purchase Contract.
    • Provisions of the Purchase Contract – Special provisions specified by VinoNostrum applicable to the transaction (including the price, qualities and characteristics of the Goods, payment and delivery terms).
    • Purchase Conditions – the conditions to be followed and fulfilled by Customers and VinoNostrum for using the Website and upon conclusion of transactions on the Website (standard conditions of the Purchase Contract).
    • VinoNostrum – VinoNostrum, a company, established and acting pursuant to the laws of the Republic of France, administering the Website www.vinonostrum.com, registration code 823 559 984 00021, registered address 40 rue Alexandre Dumas, 75011, Paris, the Republic of France
    • The singular words and definitions provided in the Purchase Conditions may also include the plural and vice versa.

  2. VALIDITY AND SCOPE OF APPLICATION

    1. Purchase Conditions are valid as standard terms and additional regulating provisions concerning the actual Purchase Contracts concluded between the Customer and VinoNostrum. The Purchase Conditions form an integral part of Purchase Contract. Upon conclusion of Purchase Contract, the Customer grants unconditional and irrevocable consent to accept the Purchase Conditions.
    2. VinoNostrum shall have the right to unilaterally amend the Purchase Conditions, declare the Purchase Conditions partially or fully void or nullify the Purchase Conditions regardless of the time and reasons. The Purchase Conditions published as Purchase Conditions on the Website at the moment of conclusion of the Purchase Contract are applicable to the Purchase Contract.

  3. TRADING ENVIRONMENT

    1. VinoNostrum allows the Customers to use the Website for conclusion of Purchase Contracts with VinoNostrum.
    2. VinoNostrum shall not warrant or ensure that the trade environment of the Website can be used with all web browsers, software or mobile appliances.
    3. VinoNostrum shall have the right to set on the Website limitations to sale of some Goods (for example to allow only business clients to buy some certain Goods; set time limits, age limits and other limits to the sale of Goods).
    4. Purchase Contracts can be concluded for delivery of Goods to all EU countries.

  4. CONCLUSION OF PURCHASE CONTRACT

    1. Purchase Contract can be concluded with and by a person who is legally allowed to purchase alcohol (above all, a person whose age exceeds the age limit set forth in the law). Before purchase of the Goods the person forwards to VinoNostrum necessary information for checking the above condition (full name, identification code or date of birth, e-mail address, etc. of the Customer). In case the person does not have the legal right to purchase alcohol, Purchase Contract shall not be concluded.
    2. Publishing of the description of the Goods on the Website is considered as an offer to conclude Purchase Contract. VinoNostrum shall have the right to determine minimum and maximum amount of Goods for sale or other special limitations or terms applicable to the purchase.
    3. To conclude the Purchase Contract, after choosing the Goods and placing to the basket, the Customer enters data required on the Website, chooses delivery method among the possibilities offered for the delivery on the Website and confirms its intention to conclude the Purchase Contract pursuant to the Purchase Conditions and the Provisions of the Purchase Contract by clicking the button/icon „Confirm order“ and forwards thereby via Website to VinoNostrum all necessary data about the order (above all, full name of the Customer, registration or personal id code or date of birth, address, e-mail, place of delivery etc.). Purchase Contract shall be considered concluded by confirmation of the order and forwarding the above information by the Customer to VinoNostrum. Purchase Contract shall not be concluded in case the conditions provided in Section 4.1 have not been fulfilled. The Purchase Contract shall be enforced upon payment for the ordered Goods. After conclusion of the Purchase Contract, the Customer shall have the possibility to amend the Purchase Contract (for example not to buy some of the Goods, change delivery method or payment terms) only upon agreement with VinoNostrum. In case the Purchase Contract shall not be enforced as provided on the Website and in the Purchase Conditions, the Purchase Contract shall be considered not concluded.
    4. Before confirmation of the order, the Customer selects among delivery methods offered on the Website the delivery/transportation service and determines the place of delivery.
    5. In case proceeding from the law applicable to the transaction, timely limitation has been applied to purchase of alcohol, the transaction concluded and confirmed within the restriction period shall be considered enforced as at a specified time the restriction ends, however, the purchase conditions, including price of the Goods, valid before the start of the restriction period shall be applied to the transaction.
    6. Automatic confirmation on conclusion of the Purchase Contract, including among other information the number of the Purchase Contract, shall be sent to the Customer after enforcement of the transaction.
    7. Official time of conclusion of the Purchase Contract shall be calculated in accordance with the server clock of VinoNostrum, which may not always respond to the clock or time of the browser or computer of the Customer.
    8. VinoNostrum shall have the right not to allow the Customer to conclude a Purchase Contract on the Website if the Customer breaches or has earlier breached the Purchase Conditions.

  5. PRICES FOR THE GOODS AND DELIVERY

    1. Prices for the Goods for sale on the Website are presented next to the Goods in Euros (€) and are including all taxes. Delivery/transportation costs are not included in the price. Delivery/transportation costs shall be added to the price of the Goods.
    2. VinoNostrum shall have the right to revise the prices for the Goods offered. In case the Customer concluded Purchase Contract before amended price was published on the Website, the price which was indicated on the Website at the moment of conclusion of the Purchase Contract shall remain valid for the Customer.
    3. Delivery/transportation costs are indicated to the Customer after the delivery method has been chosen by the Customer and these costs shall also be indicated on Confirmation of the Purchase Contract.
    4. Delivery/transportation terms and relevant prices shall be determined by VinoNostrum.
    5. Delivery/transportation costs shall be calculated automatically, provided that one order is meant to be delivered to one address. In case the Customer wishes to order the Goods to different addresses, separate orders should be made.

  6. DELIVERY AND PAYMENT FOR THE GOODS

    1. For enforcement of the Purchase Contract payment for the order shall be made via payment service provider designated by VinoNostrum. After the payment for the Goods has been made, VinoNostrum shall send to the Customer an invoice with a notice confirming the payment for the Goods.
    2. Delivery of the Goods takes place within the period and by the means and to the place as agreed upon in the Purchase Contract after the payment for the Goods has been received by the payment service provider. The delivery date provided on the Confirmation of the Purchase Contract shall remain valid only in case the Customer has paid for the Goods as required.
    3. VinoNostrum undertakes to inform immediately the Customer about any changes in delivery terms or other delivery conditions.
    4. VinoNostrum shall have the right to extend the delivery period up to 7 days in case objective reasons occur which independently of VinoNostrum cause delay in delivery, if VinoNostrum immediately informs the Customer about the delay.
    5. In case the Customer loses interest in the Goods due to delay in delivery (including in case of delay in delivery mentioned in Section 6.4), it shall have the right to submit to VinoNostrum an application for withdrawal from Purchase Contract. VinoNostrum is obligated to refund to the Customer the purchase price paid for the Goods within 10 banking days from submitting the application for withdrawal.
    6. The obligation to deliver the Goods to the Customer shall be considered fulfilled upon transfer of the Goods to the Customer or its representative. Among other, adult persons, who are at the location marked by the Customer as the place of delivery receiving and accepting the Goods, shall be considered as the representatives of the Customer. The risk of accidental loss or damage to the Goods passes to the Customer at the moment of transfer. Transfer of the Goods shall be considered in delay due to the Customer if the Goods cannot be delivered because the Customer or its adult representative is not at the place of delivery, in such case the Customer shall bear all costs for delay in delivery.
    7. The Goods are delivered with accompanying delivery note. In case the Goods have visible external damage or the quantity or the products do not correspond to the Purchase Contract, the Customer shall have the right not to accept the delivery of the Goods by making relevant notice to the accompanying delivery note. By signing the accompanying delivery note the Customer or its representative confirms that the packaging was intact at the moment of transfer to the Customer and it is satisfied with the condition of the package, the Goods do not have visible external damage and the Customer received the ordered Goods.
    8. In case the Customer orders the Goods from different merchants, VinoNostrum shall have the right to deliver such Goods separately.
    9. We use Stripe as our checkout, which offers a simplified purchase experience.  These User Terms apply for the use of Stripe Checkout.

  7. RETURN AND REPLACEMENT OF THE GOODS

    • The Goods can be returned and replaced only in cases separately described in the Purchase Conditions.

  8. SUBMITTING AND SETTLEMENT OF COMPLAINTS

    1. In case of hidden defects which are above all considered lack of quality, the Customer undertakes to immediately notify VinoNostrum about the problem by e-mail and provide the following information:
      1. Name and contact details;
      2. Description of the defect and probable cause;
      3. Number of Purchase Contract.
    2. The above notice has to be sent within the period as stipulated in the Law of Obligations Act . In case the term for notification shall not be followed, the Customer shall lose the right to claim from VinoNostrum for replacement of the Goods or use other legal remedies.
    3. In case of replacement of the defective Goods, VinoNostrum is entitled to claim from the Customer for return of the defective Goods.
    4. The costs of replacement of defective Goods (including delivery and transportation costs) shall be borne by VinoNostrum.
    5. In case the Goods are with defect (for example if the bottle cap (cork) is with defect or the product has been damaged by transport), as a rule, VinoNostrum replaces the defective Goods. In case replacement is impossible or unsuccessful, VinoNostrum unjustifiably refuses to replace the Goods or shall not replace it within reasonable period after it was notified about the non-conformity to the provisions of the Purchase Contract, or the Customer does not wish replacement of the defective Goods, the Customer shall have the right to withdraw from the Purchase Contract and return the Goods to VinoNostrum. VinoNostrum undertakes to refund the purchase price paid by the Customer based on the Purchase Contract within 30 days as from the reasoned application for withdrawal.
    6. VinoNostrum shall not be responsible for:
      1. Defects to the Goods caused by the Customer;
      2. Defects which are caused by inaccurate storage or use of the Goods;
      3. Defects which are caused by natural physical changes in the Goods;
      4. Defects which are caused due to use or storage of the Goods in conditions or in a manner which can be expected to rapidly deteriorate the Goods;
      5. Unsuitability of the characteristics (above all the taste) of the Goods for the Customer if unsuitability is not caused by defect (for example if the bottle cap (cork) is with defect or the product has been damaged by transport);
      6. In other cases provided by law.
    7. The Customer shall have the right to withdraw from the Purchase Contract only in cases separately provided in the Purchase Conditions.
    8. In case the obligations proceeding from the Purchase Contract shall be performed in parts (the Customer has ordered the Goods from different merchants) and the event mentioned in Section 6.5 or 8.5 happened only to one merchant, the Customer shall have the right to withdraw from the Purchase Contract only concerning the Goods of such merchant. It shall not be allowed to withdraw from the whole Purchase Contract.

  9. RIGHT OF WITHDRAWAL OF VINONOSTRUM

    1. VinoNostrum shall have the right to withdraw from the Purchase Contract concluded with the Customer on the following grounds:
      1. The ordered Goods are not in the producer’s or supplier’s stock and cannot be supplied in reasonable time and under reasonable conditions;
      2. It is not allowed or is prohibited to sell the Goods to the Customer due to any legislative acts of any country applicable to the Purchase;
      3. Fulfilment of the Purchase Contract is hindered by an objective circumstance which could not have been foreseen, influenced or prevented by VinoNostrum (force majeure).
    2. In case VinoNostrum has withdrawn from the Purchase Contract, VinoNostrum refunds to the Customer the purchase price paid based on the Purchase Contract within 30 days as from the application for withdrawal.

  10. LIABILITIES AND FORCE MAJEURE

    1. In any case, VinoNostrum is not liable or responsible for:
      1. Possible mistakes made by the third parties, influencing technical means or cause a situation whereby bank transfer of card payment might be unsuccessful. In case of any problems with bank transfer or card payment, the Customer is obliged to immediately inform VinoNostrum;
      2. Any damage incurred to the Customer which has happened due to use of its password or user ID by the third persons.
    2. Infringement of obligations shall be excused in case the Party breached the obligation due to force majeure. Force majeure is a factor which could have not been influenced by the Party and proceeding from the principle of reasonableness, it could not have been expected that the Party could have considered such circumstance to appear or avoided it or its consequences at a time of conclusion of the Purchase Contract.
    3. VinoNostrum shall not compensate in any case to the Customer any non-patrimonial damage or compensation for non-patrimonial damage paid to the third person, also indirect damage shall not be compensated (for example revenue forgone).
    4. VinoNostrum shall not compensate the damage occurred to the Customer caused by the Customer taking upon itself any obligations to the third parties in relation to the Goods.
    5. VinoNostrum shall not compensate to the Customer any damage arising as a consequence of changes and amendments to delivery terms, prices and other provisions and conditions.
    6. VinoNostrum shall not be liable for any damage sustained by the Customer in case VinoNostrum has used its right to withdraw from the Purchase Contract.

  11. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

    1. The Customer undertakes:
      1. upon purchase of the Goods to submit complete and true personal data, including registration its correct and true full name, correct date of birth and use valid e-mail address;
      2. to assume full responsibility for all actions which have been made under its Customer account or from the IP-address of its place of residence or address;
      3. not to use the Website for illegal activities or for activities contrary to good morals (including illegal use of other persons’ identity);
      4. to immediately inform VinoNostrum by e-mail about all data and circumstances which have been changed compared to the data provided upon registration on the Website;
      5. not to allow using its Website identity by minors or other persons who are not allowed or limited by laws to conclude transactions or particular transactions.
    2. The Customer confirms that:
      1. it is a person with legal capacity, who has the right to conclude the transactions provided on the Website;
      2. it is aware of and agrees on that placing an order shall bring about binding Purchase Contract and the obligation to pay for the ordered Goods;
      3. it is aware of and grants its consent to VinoNostrum to store its personal data and process the personal data pursuant to valid legislation and Purchase Conditions;
      4. it grants hereby to VinoNostrum its consent to send to it commercial notices, newsletters, offers and other informational notices and questionnaires, also outside and beyond the Purchase Contract. The Customer shall have the right to refuse from the notices any time. This shall not nullify its acceptance to the Purchase Conditions;
      5. it fully and without difficulties understands all the provisions of the purchase Conditions and fully understands that using of the Website could bring about legally binding obligations for itself.
    3. VinoNostrum is liable and responsible for:
      1. the Goods to correspond to the description and qualities and quality provided in the description or in case description has not been provided, at least to the usual average quality for such Goods, the Goods may not be spoilt;
      2. the information provided for the Goods, correctness of the information provided on labels and other tags etc. and conformity of the information with the Goods;
      3. The Goods are new and sold first hand.

  12. COMMUNICATION

    • Exchange of Website information and notices between the Customer and VinoNostrum shall be sent by e-mail to the e-mail addresses provided to each other or published on the Website. Notices shall be considered received by addressee if sent to the e-mail of the addressee or published on the Website.

  13. INTELLECTUAL PROPERTY

    1. The Website and all its content, including but not only the software used, the graphics, design, texts, pictures, photos, trademarks etc. is the intellectual property of VinoNostrum or intellectual property used by VinoNostrum under licence. The above mentioned intellectual property is the object to be protected by copyright and other intellectual property rights and in any case shall not be used without written consent of VinoNostrum.
    2. For offering their Goods on the Website the producers and suppliers have granted to VinoNostrum the right to use its trademarks, descriptions and photos of Goods and other assets which may be considered as the intellectual property of the mentioned persons.

  14. PRIVACY AND DATA PROTECTION CONDITIONS

    1. Upon accepting the Purchase Conditions, the Customer confirms that it has examined the Privacy and Data protection Conditions of VinoNostrum and completely accepts without derogations.
    2. Personal data of the Customer is processed and stored in conformity with legislation and used only for rendering the services provided on the Website ensuring the rights and obligations necessary for use of the Website. VinoNostrum shall have the right to use the personal data of the Customer to protect its rights and forward the data in scope necessary for protection of its rights to third persons.
    3. VinoNostrum shall not forward, publish, disclose or issue the personal data to third persons, except such obligation applies pursuant to law or such right has been provided in the Purchase Conditions.

  15. OTHER PROVISIONS

    1. The legislation of the Republic of France is applicable to the Purchase Contract.
    2. All disputes proceeding from or related to conclusion or fulfilment of the Purchase Contract shall be resolved by negotiations. In case the Parties cannot reach an agreement, the dispute shall be resolved in Paris County Court, France.
    3. Invalidity or nullity of any separate article of the Purchase Conditions shall not bring about invalidity or nullity of other articles.

    The wording of the Purchase Conditions has been approved and enforced on April 7, 2020.