Terms and Conditions
  1. Introduction
    1. Ownership of VINDOME and related Services. VINDOME is owned and managed by [Vindome Sarl] (the “Owner”). VINDOME is a registered trademark. VINDOME is an international online wine collection management and a marketplace platform (the “Platform”) for professional and private Users.
    2. VINDOME is not carrying out financial activities and is not providing investment advice. VINDOME does not provide consumer investment advice and recommend that the User obtains independent wine expert advice before purchasing any product. By using the Platform and the Platform services the User will be able to access information about fine wine and relevant price data, valuations, scores, charts, assessments and reviews. The User agrees that the Platform information represents general guidance only and is provided for general information purposes. The Platform information is only subjective appraisal and assessment of available data that may be open to more than one interpretation. The Platform information is not the result of the application of any scientific analysis or process. Pricing information provided as part of the Platform information is the outcome only of a process of statistical and intuitive analysis based on available market data. Therefore, the User should not rely upon any Platform information when making selling or buying decisions. You also acknowledge and agree that:
      • the Platform information is only made available to you for your own purposes in assessing fine wine prices and the fine wine market generally (and the User agrees to use it exclusively for such purpose) and
      • that the Platform information is not and should not be relied on as being investment advice of any kind.
    3. The User understands that buying and selling wine bears risks and that the nature of wine is such that wine may be corked, prematurely oxidized, display advanced signs of aging or suffer from other imperfections. VINDOME does everything it possibly can to reduce the risk of spoiled and counterfeit wines by using the latest anti-counterfeit technologies and state of the art storage facilities. However, the User understands that VINDOME bears no responsibility for spoiled or counterfeit wines and the User indemnifies VINDOME from any damages or losses.
    4. The quotations of the Products indicated on VINDOME web site are indicative and approximate and the Owner is not responsible for them. We facilitate buying and selling by providing a payment mechanism, coordinating logistics and related services, and where required VINDOME will conduct mediation between members.
    5. The Owner contact e-mail address of VINDOME is: [email protected]
    6. The present sale terms and conditions (hereinafter, referred to as the “T&C” and or “VINDOME T&C”) apply in Monaco under the commercial legislation and rule the sale and the offer of the Products from VINDOME.
    7. This document, the T&C, is a Legal agreement between the User and the legal entity Vindome Sarl. It governs the use of the online properties and, in any case, for the use of the Services provided.
    8. In order to use VINDOME, the User must read these T&C carefully and must agree to accept the same by clicking the button for its acceptance. If the User does not accept the T&C, he cannot use the Service.Each time the User uses the Platform or the Services, the T&C in force at that time will apply to any contract entered into between the User and VINDOME SARL.
    9. The T&C are concluded in the English language. Other defined terms are set forth in the section named “Definitions” below.
    10. VINDOME shall reserve the right to modify the T&C at any time. The changes and/or modifications of the T&C shall be considered valid and effective starting from the date of publication on VINDOME’s website.
  2. Definitions
    1. When used in these T&C and when written in the same manner as between quotation marks hereinafter, the terms and expressions defined in this Section 2.1 shall have the following meanings:
      • “VINDOME” shall mean the current website and/or application
      • “Marketplace” shall mean the VINDOME web platform with the provided services
      • “T&C” shall mean this document and the Legal agreement
      • “Legal agreement” shall mean that the terms of this agreement are binding on the relationship between the User and VINDOME once the User has accepted the T&C
      • “Owner” – Vindome Sarl
      • “Product” shall mean all the products sold by and/or through VINDOME
      • “Service” shall mean all the services provided by VINDOME
      • “User” shall mean the private or the professional person registered on and using VINDOME
      • “Registration” shall mean the procedure under Section 3.3 below
      • “Sell Price” shall mean the best asking Price
      • “Buy Price” shall mean the best offer Price
      • “Wine Collection” shall mean a set of selected products offered at a certain price
      • “Warehouse” shall mean the place where the purchased Product shall be stored
      • “Warehouse Manager” shall mean the company that manages the Warehouse
      • “Delivery” shall mean the process of delivery of the Product selected by the User
      • “Virtual Delivery” shall mean the storing process of the Purchased Product in the Warehouse selected by the User
      • “Virtual Wallet” shall mean the down payment that the User pays up regulated in Section below
      • “Tagging Process” shall mean the process by which VINDOME checks and guarantees the conformity of the Product according to Section 5 below
      • “Conformity of the Products” shall mean the compliance of the Product to the “Tagging Process”
      • “Quality of the Products” shall mean the specific characteristics of the Products such as taste, smell, color and conservation
      • “Physical possession” – shall mean the “User” has accepted the delivery and is in physical possession of the products.
    2. In these T&C, unless the context otherwise requires, words denoting the singular may include the plural and vice versa, and words denoting persons may include any individual, or any company, partnership or other legal entity. The headings and the table of contents are inserted for convenience of reference only and shall not affect the interpretation of these T&C. Any references in these T&C or to another document shall be construed as a reference to these T&C or that other agreement or document as the same may have been, or may from time to time be, amended, supplemented, substituted, novated or assigned.
    3. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages VINDOME as outlined in the present document. VINDOME refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time.
  3. Registration on VINDOME
    1. In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The User ensures that data is kept current and accurate at all times. The User must also accept the Privacy Policy and these T&C in full. Users are responsible for keeping their login credentials confidential.
    2. It is understood that the Owner 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.
    3. Registration Procedure. The Registration Procedure is regulated as follows: in order to access the Services, the Owner requires that the User registers as a member of VINDOME. If registering as an individual the Owner requires that the User provides VINDOME with:
      • first name, last name
      • e-mail address
      • creation of a personal password
      • confirmation on the platform be aged 18 or above
      • acceptance of Terms and Conditions
    4. The Owner may in the future require additional anti-money laundering information so as to verify the User’s identity, or similar purpose. Failure to supply such information may lead to suspension of the Service.
    5. Deleting User accounts and account termination. Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner. The Owner, in case of breach of the T&C by the User, reserves the right to suspend or terminate the User's account at any time and without notice. The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
      • the User has violated this Agreement; and/or
      • the User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
      • the use of VINDOME 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 Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
    6. Content available on VINDOME. The content available on VINDOME is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device. Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on VINDOME, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on VINDOME, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through VINDOME, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
    7. Content provided by third parties. The Owner does not moderate the content or links provided by third parties before their publication on VINDOME. The Owner is not responsible for the content provided by third parties or for its availability.
    8. Content provided by the User.Users are responsible for their own content and that of third parties that they share through VINDOME, that they upload and post on or through VINDOME, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. In particular, the Owner may decide to suspend or interrupt the visualization of content in the event that:
      • other Users file complaints;
      • a notice of infringement of intellectual property rights is received;
      • it is decided to do so in view of, or as a result of, legal actions;
      • said action is solicited by a public authority; or
      • if it is believed that the content, while being accessible via VINDOME, may put at risk the Users, third parties, the availability of the Service and/or the Owner.
    9. Rights over content provided by Users.The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain VINDOME. Unless stated otherwise, the following applies: by submitting, posting or displaying content on or through VINDOME, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.
    10. Services provided by third parties. Users may use third-party services or content included in VINDOME, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
    11. Forbidden use.The Service shall be used only in accordance with these T&C.Users may not:
      • reverse engineer, decompile, disassemble, modify or create derivative works based on VINDOME or any portion of it;
      • circumvent any technology used by VINDOME or its licensors to protect content accessible via it;
      • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through VINDOME;
      • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of VINDOME or its content;
      • rent, lease or sublicense VINDOME;
      • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
      • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
      • misappropriate any account in use by another User;
      • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through VINDOME in any way;
      • use VINDOME in any other improper manner that violates the T&C.
  4. Selling and buying conditions
    1. Services. VINDOME provides different services upon payment of fees.
    2. Fees and commissions. Different fees and commissions shall be paid by the User to VINDOME respectively for:
      • Purchase: Buyer pays a commission equal to 4% (four per cent) of the buying price;
      • Sale: Seller pays a commission equal to 4% (four per cent) of the selling price;
      • Storage: Storage fee is €0.99 per case per month, regardless the size of the case (1-12 bottles). The storage fee is charged as follows:
        • When you purchase a wine the storage fee is charged in advance for the days left in the month from the date of purchase.
        • For the next months the storage fee is invoiced every quarter, and we only charge you for the number of days you keep the wine in storage.
    3. Storage insurance fee is 0.04% per month of the value of the wine stored. Storage insurance fee is invoiced every quarter. The Owner charges the mandatory insurance fee based on the value of the User’s wine on the date of purchase. If the value changes more than +/- 5%, the Owner confirms a new premium with the User via e-mail before extending the insurance for the next month. The insurance fee is charged in exactly the same manner as the storage fee.
    4. Delivery: price of delivery could be provided upon request.
    5. Purchase. The User can purchase the Products listed on VINDOME website, from VINDOME itself and/or from other Users.
    6. Purchasing process. Each order to purchase sent to VINDOME constitutes an offer to purchase the Products. Orders are subject to the Owner’s discretionary acceptance. Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same and is subject to immediate payment of the price and further payment fees indicated in the order summary. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the costs incurred by the User.
    7. Sale. The User can sell the Products, purchased on VINDOME website, to VINDOME itself and/or to other Users by using the Platform.
    8. Selling process. Each Order to sell sent to VINDOME constitutes a request to sell and/or to resell the Products purchased by the User and/or directly owned by the User itself. The Orders to sell shall be subject to the approval/confirmation by the Owner’s. Users shall select the Products to sell and complete the Order to sell. The Order to sell is placed by the confirmation and is subject to payment of the price.
  5. Storage, tagging and Warehouse services
    1. Storing process. Except for the case of delivery ruled at Section 7 below, the User shall have the right to request to store the Products purchased with the Owner. In this case, the Owner shall be responsible for the storage of the Purchased Products and the User shall pay to the Owner a storage fee according to [clause 4.2.]. The Owner shall provide the Tagging Process and shall guarantee the Conformity and the preservation of the Products, as it follows:
      • Only wine meeting the requirements of this Section shall be eligible for trade on VINDOME. For a wine to be eligible for trade on VINDOME it must conform with the eligibility criteria set out below and in the following provisions of this Section
      • the wine must have either (a) remained In Bond direct from allocation by the producer and have not been previously subject to any customs or other tax or duty levied within the European Union [unless imported from their country of origin]; or (b) directly allocated by the producer Out of Bond, before being put back to Vindome’s storage to offer on VINDOME and the User must be in possession of the documentation proving the wine was directly allocated Out of Bond and then placed In Bond.
      • Wine must be in “Pristine Condition”, that is, conforms with the criteria set out in (a) to (e) below and VINDOME reserves the right to determine in its absolute discretion whether the wine is Pristine Condition.
        • Un-split original cases where wine has not been repackaged.
        • Original, undamaged, unblemished, and unmarked labels.
        • Original, undamaged, unblemished, and unmarked capsules.
        • Wine bottle fill levels are equal to or above:
          • Above base neck in the case of Bordeaux style bottles.
          • 3cm from bottom of cork - Burgundy and other style bottles.
        • No strip labels, back labels, or any other additional label of any kind exist anywhere on the bottles.
      • A report on the condition of the wine, produced by a suitably qualified and experienced person, containing the minimum content which would be contained in a condition report and specified) a rotation number in the relevant acceptable Warehouse's standard form must be provided to the Owner in respect of the wine (unless agreed with the Owner on an individual per case basis).
    2. The Owner shall be the sole responsible towards the Warehouse Manager.
  6. Payment
    1. Payment methods. VINDOME uses third-party tools for the whole payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Any declined payment costs shall be borne by the User. The User shall pay the VINDOME fees by credit card, VINDOME website shall indicates the accepted payment options.
    2. Retention of title.Until the complete payment of the price of the Products ordered by the User, the Products shall be considered property of the Owner.
    3. Availability of products. Prices, descriptions or availability of the products on display shall be subject to change without notice. The photos posted are for representation purposes only and may not be an exact representation of the Products. The Owner shall do its best to present the characteristics of the Products with the greatest level of detail permitted by VINDOME in each tab corresponding to the product viewed by the User. However, images and colors of products offered for sale on VINDOME may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.
    4. Order Completion. 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.
    5. The Owner 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.
  7. Delivery
    1. Delivery. The Owner shall not be considered responsible for the freight and the delivery of the purchased Products to the User.
    2. The User shall be free to organize all the freight and delivery activities.
    3. The Owner, in case of specific request of the User, shall facilitate the delivery according to the request.
  8. Right of withdrawal – Guarantee – Liability
    1. Right of withdrawal. In case of purchase of Products or services via VINDOME the User has the right to terminate the contract in case of mis-description of the Product. The withdrawal period expires after 14 working days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the Products. To exercise the right of withdrawal, the User is obliged to inform the Owner of its decision to cancel by sending an unequivocal statement to the designated contacts.
    2. Effects of withdrawal of Products physically delivered to Users. The Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, except for the cost of delivery without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement. The reimbursement shall be withheld until reception of the goods by the Owner, or until the User has supplied evidence of having sent back the goods, whichever is the earliest. The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The costs of returning the goods are borne by the User but will be reimbursed as stated above. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
    3. Limitations on the right of withdrawal.Products returned damaged, will not be refunded. The User is asked to return the goods attaching a copy of the delivery slip received.
    4. Indemnification and limitation of liability.The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights. Limitations of liability VINDOME and all functions accessible through VINDOME are made available to the Users under the terms and conditions of the T&C, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. VINDOME and functions accessible through VINDOME are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of VINDOME. Therefore, the Owner shall not be liable for:
      • any losses that are not a direct consequence of the breach of the T&C by the Owner;
      • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
      • damages or losses resulting from interruptions or malfunctions of VINDOME due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber-attacks, interruptions in the delivery of products, third-party services or applications; and
      • incorrect or unsuitable use of VINDOME by Users or third parties.
    5. In any case, the Owner shall not be liable for the quotation of the Products indicated and estimated in the VINDOME web site.
  9. Miscellaneous
    1. Service interruption. To guarantee the Users the best possible use of the VINDOME services, the Owner reserves the right to interrupt the service formaintenance or system updates, informing the Users through constant updates published on VINDOME.
    2. Service reselling. Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of VINDOME and of its Services without the Owner’s express prior written permission, granted either directly or through a proper reselling program. The Owner may tolerate reselling performed on a limited one-to-one basis; any form of mass reselling is expressly excluded.
    3. Privacy policy. For information about the use of their personal data, Users must refer to the privacy policy of VINDOME which is hereby considered to be part of these T&C.
    4. 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 VINDOME are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on VINDOME are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
    5. Age eligibility. Users declare to be duly authorized to purchase and/or to drink alcoholic beverages according to their applicable legislation. Under no circumstance may persons under the age of 18 use VINDOME.
    6. Conditions for receipt of deliveries. Users who make a purchase through VINDOME, moreover, declare the person who will receive the delivery of the purchased products to be also adult according to the applicable legislation.
    7. Changes to these Terms. The Owner reserves the right to modify these T&C at any time, informing Users by publishing a notice within VINDOME. Users who continue to use VINDOME after the publication of the changes accept the new T&C in their entirety.
    8. Assignment of contract. The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these T&C, as long as the User's rights under the T&C are not affected.
    9. Users may not assign or transfer their rights or obligations under these T&C in any way without the written permission of the Owner.
    10. Contacts.All communications relating to VINDOME must be sent using the contacts stated in this document and/or communicated by the User registration.
    11. Severability. If any provision of these T&C is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
  10. Governing Law and Jurisdiction
    1. These T&C and each contract in respect of the sale or purchase of Products through the Platform are governed by and will be construed in accordance with the laws of Monaco and the User and the Purchaser hereby submit to the nonexclusive jurisdiction of the courts of in respect of the same.An exception to this rule applies in cases where the law provides a sole place of jurisdiction for consumers.