Terms & Conditions

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

These terms and conditions apply to all wines, spirits or other goods or services supplied by Winefinity to you (“the Customer” or “you”). Winefinity is a trading name of Eshkol Wineries International s.r.o. (ID (IČO) 50878476 and Tax ID (DIČ) SK2120533140; District court of Bratislava I) whose registered office address is at Grösslingova 47, Bratislava 811 09, Slovakia (“Winefinity”, “we” or “us”).

You can contact us by reaching out to our Customer Service team by email to winefinity@winefinity.eu

Correct as of August 2017 , Internet-Shop www.winefinity.eu

It is against the law to sell or supply alcohol to anyone under 18 years of age in the EU. By placing an order you confirm that you are at least 18 years old. We ask that you don’t share our Facebook posts with anyone who is under the legal drinking age in their country or whose country prohibits the consumption of alcohol.

 

1. Our contract with you
Your order is an offer to buy from us. There will be no contract of any kind between you and us unless and until we accept your order and, in the case of wines and goods to be delivered to you, when we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment we accept your order or in the case of delivery of goods, when the goods are dispatched, a contract will be made between you and us.

On acceptance of your order (application) for a place at any of our ticketed events we will dispatch tickets which you are requested to bring with you.

If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because certain goods are out of stock, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.

2. Description & Prices

The description and prices payable for the items or services that you order are set out in our price list, brochure and/or website. If, by mistake, we have under-priced an item or service, we will not be liable to provide that item to you at the stated price provided that we notify you before we dispatch the item concerned or, if we are not despatching an item, within 7 working days of our acceptance of your order and we may cancel your order provided we refund you any payments you have made. You may agree to pay the correct price in which case we will proceed with your order. In the event that you have been overcharged for an item, a full refund of the difference will be given.

We reserve the right to change our prices. Please refer to the latest price list or our website for all current prices. Please note prices issued in the latest price list or on our website supersede any prices set out in these terms and conditions if they are different.

Unless otherwise stated, prices listed for wines are quoted per bottle and per case, and include VAT at the current rate.

Prices are subject to currency and market fluctuations, changes in duty and VAT as well as stock remaining unsold. The case bottle price shows the discount available when wines are bought by the unmixed case. If any other currency is stated, this is subject to currency fluctuations and is an indication only.


3. How to Pay
We accept Maestro, Visa, Mastercard, American Express or inter bank transfers (by arrangement). Orders may be delayed by transfers of money or credit card authorizations not being confirmed by the respective banks. Please note that it is the Customer’s responsibility to contact your bank to speed up this process if the order is required urgently. Credit cards are always debited in Euros (EUR). Please note that payment will be taken in full at the time of ordering. For authorized 30-day credit accounts, we do not accept credit card payments to clear the balance outside the credit terms.

4. Payment terms, credit and non-payment

Payment terms: The Customer must pay for all goods (including wines, spirits or other beverages) or services at the time of ordering. If requested, invoices are issued as goods are dispatched either for physical delivery or delivery into the Customer’s Private Reserve Account.

Credit: Credit terms may be offered if agreed in advance with us and may be subject to credit checks undertaken by us before the order is taken. The Customer shall provide such information as may be reasonably requested by us to enable us to undertake a credit check.

If agreed by us credit terms shall be 30 days from the date of the relevant invoice. We reserve the right to cancel any credit terms at our discretion if we believe payment may not be made on the due date. Such cancellation shall be effective from the date on which we give written notice (including by email) to the Customer, whereupon the amount owing shall become immediately due.

Interest: If the Customer does not make any payment to us by the due date for payment, we may charge interest on the overdue amount at the yearly rate of 4% above the base lending rate of the European Central Bank. This interest shall accrue on a daily basis from the due date until the date of actual payment (in cleared funds) of the overdue amount, whether before or after judgment. If demanded the Customer must pay us interest together with other debt collection charges incurred and the overdue amount.

Debt collection for non-payment: Without limiting our right to recover any sum due from the Customer at any time, we may, at our sole discretion, invoke our debt collection process as follows:

  • The Customer will be contacted by either email, letter or telephone and payment must be arranged immediately. Notice will be given at this time that at the next contact for payment an administration fee will be charged.
  • If after 60 days from the invoice date the debt remains unpaid, an administration charge will be applied to the Customer’s account.
  • Should the debt still remain unpaid at 90 days from the invoice date, a further administration charge will be applied to the Customer’s account.
  • We reserve the right to carry out any additional or other methods to recover the debt, including issuing proceedings.
  • Preferred method for overdue payment is debit card or bank transfer. We also accept credit card but may levy a surcharge to cover handling and administration costs as follows: Mastercard/Visa 2% of total invoice inc VAT and American Express 2.6% of total invoice inc VAT.

5. Gift Vouchers
Gift vouchers may be redeemed  through our mail order and telephone order services, and through Winefinity website at www.winefinity.eu.

When redeeming gift vouchers on www.winefinity.eu or through Winefinity’s telephone ordering service you will be prompted to give the code beneath the scratch-off panel on the front of the gift voucher. Please ensure you do not remove the silver panel until prompted because this may invalidate the voucher.

Winefinity´s gift vouchers can be exchanged for goods listed by Winefinity. When the price of the goods is lower than the value of the gift voucher, the difference will be credited to the Customer’s Winefinity account. Where the Customer does not already have a Winefinity account, an account will be created and the difference will be credited to the new account.

    • Gift vouchers cannot be used to discharge indebtedness on previous orders or in respect of accounts held at Winefinity, or any of its associated companies.
    • Gift vouchers cannot be exchanged for cash or credit.
    • Damaged or defaced gift vouchers cannot be redeemed or refunded. Once the scratch-off panel has been tampered with or removed the gift voucher can no longer be redeemed.

6.  Delivery Terms

The orders are delivered by our shipping partner DHL within Europe exclusively in accordance with the methods of payment and shipping costs listed in the winefinity online shop, as well as with the payment terms listed. Delivery is effectively DDP (Delivered Duty Paid; delivered, customs duty paid; INCOTERMS 2000) from our warehouse in Slovakia.

The delivery periods depend on the method of dispatch and are usually 2 to 5 working days after receipt of the order by winefinity, or after the receipt of payment has been received in the case of advance payment. In case of  the delivery times are exceeding the regular time frame, you will be notified by e-mail.

Whilst we make every effort to deliver all your goods in the agreed time, we will not be liable if we fail to do so in part or in full due to circumstances beyond our control.

 

7. Quality Guarantee and Policy

We are committed to providing our customers with an unsurpassed level of service and are equally committed to ensuring we provide a safe and legal product. If a wine is corked or faulty we will offer a replacement or credit on the return of the bottle in question. Many wines are sold to drink young so we offer a simple drinking guide to help clarify the optimum drinking time of all our wines. If a wine has been kept too long or stored inappropriately, we may not be able to offer a refund. If you believe a wine to be faulty please  email us at winefinity@winefinity.eu and we will be happy to make arrangements to have the wine collected and tested.

 

8. Receipt of Goods

Deliveries should be signed for as ‘Not Examined’ and you should inspect the goods as soon as possible and notify us immediately of breakages or wine shortages. We are unable to guarantee credit or replacements unless we are notified within 14 days of delivery of the order. Please be aware that multi-case orders can become separated. If you do not receive the balance of your order within 3 working days of the first delivery please contact us. DHL deliveries should always arrive within 10 working days of the date of order. If you will not be at the delivery address at the time of delivery and wish us to leave your order in a safe place, please advise us. We regret that neither we nor our carriers can accept responsibility for any subsequent loss or damage which occurs once the consignment has been left. Email us at winefinity@winefinity.eu.

9. Substitutes/Availability

All wines and spirits and other goods are subject to availability. When selecting the wines or other goods from our price list we try to ensure that they will remain available throughout the life of the list. However, some items will inevitably go out of stock and we therefore reserve the right to select and deliver to you a substitute (of equal or higher value) to the wine you have ordered, to avoid delay in the delivery of orders. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.

10. Ownership

All wines and spirits or other goods ordered remain the property of Winefinity or its associates until payment is received in full. Title to the goods shall not pass to the Customer until we receive payment in full (in cash or cleared funds) for those goods and any other goods that we have supplied to you in respect of which payment has become due.

Goods will become your responsibility from the time we deliver the goods to the address you gave us or you/a carrier organized by you collect them from us.

11. Export Orders

We deliver to a large number of countries worldwide using a network of experienced wine shippers. Export orders are subject to a minimum value of EUR 100 (excluding delivery charges) per delivery address.

Nordic Countries & Overseas orders may be liable to import taxes in the destination country, which the recipient shall be liable for unless paid in advance at the time of placing the order.

The client is liable for all customs relevant payments, even within the EU. Especially for Finland be aware of Customs / Tulli restrictions. Finnish clients can find guidance under:

http://tulli.fi/en/private-persons/ordering-goods-online

and specifically regarding ordering alcohol online:

http://tulli.fi/en/private-persons/ordering-goods-online/ordering-alcohol-online

All export orders will be re-packed in export cartons for safe transit; we may be able to arrange to ship original cases if requested when the order is placed.

Please contact us on winefinity@winefinity.eu for further details and delivery charges.

 

12. Return of Goods / Cancellation

Subject to the specific cancellation provisions below in relation to specific services, orders for goods (to be delivered) may be cancelled within 14 working days of receipt of goods. A full refund will be offered provided the goods remain in good condition and that the request to cancel is received in writing. You can tell us you want to cancel your order by emailing us at winefinity@winefinity.eu by post, by printing off the model cancellation form and posting it to Eshkol Wineries International s.r.o., Grösslingova 47, Bratislava 811 09, Slovakia . Any cancelled order will be refunded as soon as possible, usually within a week, but in any event within 30 days. A charge of EUR 20 for collections will be payable in the EU. If the order has been exported, upon cancellation the customer will be liable for all delivery charges incurred, and applicable taxes will also be charged back to the Customer. If returned wines are not deemed to be in a saleable condition, a re-delivery fee will also be charged. Contact us on winefinity@winefinity.eu.

 

13. Your right to end the contract

You can end your contract with us by cancelling your order (see above), if the product you have bought is faulty (in which case you may be due a refund), or because of something we have done or told you which we are going to do. This could be that we have told you about an upcoming change to these terms or any specific terms governing your purchase, which you do not agree to; or if we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed. See “Return of goods/cancellation” for further details of how to cancel.

 

14. Sale or Return

All sale or return orders must include a minimum of EUR 100 of wine, Champagne or spirits. A maximum of 20% of the original order quantity can be returned. All returned goods must be in re-saleable condition otherwise no credit will be given. A collection charge of EUR 20 per order will be applied to all sale or return orders.

 

15. Privacy Policy

Please note that in certain cases we may run a credit check on customers; this will be kept completely confidential. Alternatively if you register for some of our services we will collect information about you to provide such services. You have a right of access to all information we hold about you. If you wish to see this or to receive further information about our privacy policy, please write an email to winefinity@winefinity.eu.

 

16. Verification Checks

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

All information revealed through such checks shall be used by us in accordance with our privacy policy although we may refer any information which appears to be fraudulent or unlawful to relevant third parties such as police or other enforcement authorities, banks or credit card companies as may be appropriate.

 

17. Social Media Offers

Winefinity offers other services, exclusive offers, discounts, promotions etc via Facebook, hereafter referred to as ‘Facebook Exclusive Offer’. Such matters shall be subject to the below terms and conditions in addition to the standard Winefinity terms and conditions. The Social Media offer terms and conditions can be requested by emailing your request to winefinity@winefinity.eu.

The offers listed on Facebook are available while stocks last, and can only be availed of through our Facebook page. Winefinity reserves the right to withdraw the offer at any time. The offer is limited to one transaction per person.

It is against the law to sell or supply alcohol to anyone under 18 years of age in the EU. By placing an order you confirm that you are at least 18 years old. We ask that you don’t share our Facebook posts with anyone who is under the legal drinking age in their country or whose country prohibits the consumption of alcohol.

To request an order form for a Facebook Exclusive Offer, please reply in the comments section with an email address to receive the order form; or send a private message to the official Winefinity Facebook Page (https://www.facebook.com/Winefinity) with an email address to receive the order form and a confirmation of the product to be purchased via Facebook Special Offer. We will not share your email with any other companies.

If the message is from a user deemed eligible to participate based on constraints indicated in the Facebook Exclusive Offer post published on the Winefinity Facebook Page (eg received within the time constraints of the offer, product is still available) and the purchase is within all applicable terms and conditions and laws, Winefinity will contact the user at the email address supplied with an order form. Once the order form has been submitted, it will be reviewed and Winefinity will confirm if it has been accepted.
Gift vouchers may not be used for any Facebook Exclusive Offer. Premium delivery services (Next Working Day, Saturday and Pre-10am) are not available for any Facebook Exclusive Offer. We will not deliver orders of any Facebook Exclusive Offer outside the EU. Overseas Export orders are excluded from any and all Facebook Exclusive Offers.

Returns will not be accepted on orders of any Facebook Exclusive Offer unless a wine is corked or faulty.

 

18. Place of Jurisdiction / Choice of Law

These terms and conditions will be subject to the laws of Slovakia. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in the Slovakian courts. The place of jurisdiction is in Bratislava, Slovakia.

19. Sever-ability Clause

In the event that one of the above provisions of Terms and Conditions should be or become invalid, it will not affect the validity of the remaining provisions.

These Terms and Conditions are valid as of 1.8.2017.