Agreement
You are kindly requested to read this Agreement carefully. If you agree with the terms and conditions as set out in this Agreement please click on the “I agree on terms and conditions button”.
The terms and conditions of this Agreement shall apply to the relationship between the limited liability partnership incorporated under Dutch Law ELEANOR BV. (hereinafter referred to as: “Eleanor Wine”) and any party using the website
Article 1 – Definitions
In this Agreement the following words and expressions shall have the following meanings unless the context requires otherwise:
User: the user of the Platform to Eleanor Wine for the benefits as set out in article 2.
Handling Fee: a fee of €0.08 payable by Users to Eleanor Wine for every bottle purchased through the Platform.
Transaction Fee: a percentage decided by Eleanor of the total price of the order payable by Users to Eleanor Wine for every purchase made through the Platform, this fee is included in the prices shown on Eleanor.
Platform: the online platform of Eleanor Wine which shall be made available to the User through the Website.
Website: the website as set out on the URL www.eleanor-wine.com
Article 2 – Eleanor Wine
2.1 Eleanor Wine exploits an online Platform for professional wine buyers. On this Platform Eleanor Wine provides users with data such as price information, stock information, ratings, comparisons, product descriptions, indexes and statistics with regard to the offered wines.
2.2 Eleanor Wine shall keep the information on the website as accurate and up to date as possible. Members are aware and accept that the information is the result of subjective analysis of available data.
2.3 All prices on the Platform shall be in Euro, excluding VAT and excluding shipping fees. The usage of any currency converter is for information purposes only.
2.4 Eleanor Wine shall use all reasonable endeavors to ensure that the Platform is available at all times. At times the Platform may be temporarily unavailable due to maintenance or otherwise. Eleanor Wine shall use reasonable endeavors to keep unavailability to a minimum.
2.5 Eleanor Wine shall not be liable towards the users for damages of whatever nature, direct or indirect, or consequential such as, inter alia, losses due to delays, lost profits and penalties forfeited by the user, arisen in connection with the use of the Platform, any errors or omissions in advice rendered by it and/or unavailability of the Platform except in the case of intent or gross negligence on the part of Eleanor Wine or its executive management.
Article 3 – Members
3.1 Only professional buyers are entitled to become a user of the Platform. In this regard users are obliged upon registration to provide the following information; organization name, contact person, address, VAT number and email address. Should any of this information change, the Member is obliged to inform Eleanor Wine accordingly. Only after providing all necessary and correct information a user is entitled to use the Platform.
3.2 Users warrant that all information provided is correct and the contact person is authorized to act on behalf of the User.
3.3 Upon registration users shall receive a unique username and password. Users are responsible for the misuse of the username and/or password. Users are obliged to keep this information confidential to prevent unauthorized persons from using it. In case of misuse Members are obliged to immediately inform Eleanor Wine.
3.4 Eleanor Wine reserves the right to deny registration or to remove a User at any time from the Platform at its own discretion.
Article 4 – Fees
4.1 For each order request placed through the Platform a User shall pay the price of the order and Handling Fee. Eleanor Wine shall send an invoice to the User upon receipt of an order request and check of availability of the products. Users shall be obliged to pay all orders upfront, unless agreed otherwise.
4.2 In the event that the User fails to fulfill its payment obligations Eleanor Wine is entitled to statutory commercial interest with an additional one (1) percent interest on all outstanding payments and is entitled to charge the Member for extrajudicial collection costs.
Article 5 – Orders
5.1 Please note that due to availability of the products ordered, national holidays and/or other unforeseen circumstances availability may be delayed. Eleanor Wine shall inform the Member once the order is available for pick up.
5.2 Orders should be collected within 30 days. Should an order not be collected in a timely manner, the User is obliged to pay €4,55 per case, per month for storage and administration costs.
5.3 Users may collect orders at the following addresses: DARTESS BRUGES 2 – 14, Rue de Strasbourg – ZI Bordeaux Fret – 33520 Bruges – France or stated otherwise
5.4 All taxes, duties, and import charges and fines and penalties with respect to orders placed through the Platform shall be borne by the user and the user shall indemnify and hold harmless Eleanor Wine in respect thereof.
5.5 Eleanor carries responsibility of the delivery of any ‘en primeur’ purchases until the moment of collection. The commercial invoice applies as guarantee.
Article 6 – Complaints
Users are obliged to check their order upon pick up and should notify Eleanor Wine immediately about any complaints. Once the order is accepted Eleanor Wine shall not accept any additional complaints.
Article 7 – Intellectual property
7.1 All intellectual property rights related to the Platform and/or the trade name Eleanor Wine belong at all times to Eleanor Wine.
7.2 The User guarantees that it shall not make any copies of (parts of) anything showed on the Platform as provided by Eleanor Wine, more specific the Member shall not duplicate, provide excess to, publish, or sell any (part of) the Platform as provided by Eleanor Wine, unless upon prior written consent of Eleanor Wine in which case the following credits shall at all times be used:
“© [YEAR] Eleanor Wine”.
Article 10 – Force Majeure
Eleanor Wine shall not be liable for failure to perform or delay in performing any obligation under this Agreement, if such failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute.
Article 11 – Termination
10.1 Eleanor Wine is – in addition to article 4.3 – entitled to terminate the login possibility at any time.
10.2 Eleanor Wine is furthermore entitled to terminate the login possibility with immediate effect in case of breach of this Agreement, if the User shall become bankrupt or insolvent or shall enter into liquidation (other than voluntary liquidation for the purpose of reconstruction) or shall enter into an arrangement or composition with its creditors or any of them and/or ownership of the other Party shall change completely.
Article 11 – General
11.1 If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained in it.
11.2 This Agreement constitutes the whole agreement between Parties and there are no promises, terms, conditions, obligations, representations or warranties, oral or written, expressed or implied, other than those contained herein. This Agreement supersedes any previous agreements between the Parties.
11.3 This Agreement shall be construed in accordance with the Laws of The Netherlands and the competent courts in Amsterdam shall have sole and exclusive jurisdiction in relation thereto.
