Conditions of use
These conditions of use regulate the relationship between the User (“User”) and the webnwine Platform (“Platform”) and the operator of the webnwine (“webnwine") Platform and form part of the contract between the User and webnwine. These conditions of use apply to all entries on or in connection with the www.webnwine.com website and its country-specific domains, including all associated country and sub-domains. This contract and the opportunity derived from it to use the information and services provided by webnwine shall only become effective if the User expressly declares agreement with the conditions of use below or if a non-registered User uses the Platform.
1. Area of application
These conditions of use shall apply to the relationship between webnwine and the User. Other conditions applied by the User that contradict these conditions of use shall not apply.
By registering with webnwine, the User declares agreement with these conditions of use. Upon registration, the User has the opportunity to become aware of the conditions of use and must confirm their application through a specific “click”. Non-registered Users confirm the application of the conditions of use through their use of the Platform.
webnwine reserves the right to alter these conditions of use at any time without stating the reason, except if this would be unreasonable for the User. webnwine shall inform the User of changes to the conditions of use in good time. If the User does not reject the application of the new conditions of use within two weeks of being informed of them, the new conditions shall be deemed to have been accepted by the User. webnwine shall inform the User of the right of rejection and the significance of the time limit when providing the information.
2. Content of the Platform
webnwine provides various information and services in connection with wine products on the Platform. webnwine is neutral and independent of any producer, products or traders. webnwine is not in trade but allows the opportunity to make various searches on the subject of wine through its widely-based network.
3. Minimum age
The User confirms that he or she is at least 18 years old or has reached a legal majority and is thus legally responsible without limitation.
4. Duty to provide true information
User shall be obliged to provide true information concerning him or herself and, in particular, not to register with webnwine under a false identity.
5. Right of revocation for consumers
To the extent that the User is registered with webnwine for a purpose that cannot be deemed to be part of the User's commercial or independent professional activities, the following conditions shall apply as a consumer within the meaning of the law (§13 Code of Civil Law (Bürgerliches Gesetzbuch BGB))
5.1. Right of revocation
The User may revoke the registration for the different usage variants in writing by letter, fax or e-mail within two weeks, without giving a reason. The revocation period shall begin with the activation of the membership by webnwine, but at the earliest when the User becomes aware of the right.
The User may revoke the registration for Premium membership in writing by letter, fax or e-mail within two weeks, without giving a reason, following a change from free membership to Premium membership. The revocation period begins with the activation of the relevant membership by webnwine, but at the earliest when the User becomes aware of the right.
The timely sending of the revocation shall be sufficient for compliance with the period of revocation in the cases above. The revocation in the cases above may be sent to webnwine AG, Bahnhofstrasse 28, CH-6300 Zug. The revocation may also be sent to webnwine using the contact form accessible from any page on the webnwine websites or by fax or e-mail. The fax number and e-mail address of webnwine shall be communicated to the User after registration and may also be found under http://www.webnwine.ch.
The right of the User to terminate the contract for other reasons shall not be affected by the right of revocation under this cipher 5.
5.2. Early lapsing of the right of revocation
The User’s right of revocation shall lapse in accordance with § 312d paragraph 3 BGB before the end of the two week period under cipher 5.1 if webnwine has, with the express agreement of the User, already begun to provide the services of webnwine for which the User has registered or if the User has already initiated the provision of the services of webnwine for which the User has registered, by, for example, using the services that webnwine has put at the disposal of the User under the membership selected upon registration.
5.3 Consequences of revocation
If revocation becomes effective, the services received by either side and any benefits received, such as interest, shall be returned in accordance with the provisions of the law. If the User cannot return to webnwine the services received in full or in part or in a depleted condition, the User shall compensate webnwine to the extent possible. The User shall fulfil any payment obligation within 30 days of sending the revocation.
6. Dissemination of content
The User shall be obliged not to misuse the Platform and in particular:
not to disseminate, provide or otherwise make accessible any content that is criminal, puts young people at risk, is immoral, anti-competitive, pornographic or violent
not to breach any trademark, copyright or other protection or the intellectual property rights of third parties
to use the news function or other functions or e-mail and similar media to send messages to members exclusively for the purposes of communication and in particular not to advertise the provision of goods or services
7. Use of mechanisms, spam, software or scripts in connection with the use of the Platform
The User shall be obliged not to install any programmes or parts of programmes on the Platform which could affect the functioning of the Platform or other computers or to transmit them using it and, in particular, the User is expressly prohibited, on pain of sanctions, from sending spam e-mails with advertising content. Blocking, over-writing, modifying and copying are expressly prohibited except to the extent that they are necessary for the proper use of the Platform. The User shall have the right, however, to use interfaces or software that are made accessible as part of the services offered on the Platform.
8. Usage variants
webnwine offers the User different usage variants: a) an open free account with cost-free access and use of the services with limited functionality and b) a registered Premium account with paid access and use of the services provided to Premium members with full functionality. Membership of the Premium area shall be referred to hereinafter as “Premium Membership” and Premium Membership shall be referred to hereinafter as “paid membership”.
Details of the membership fees for paid membership are shown on the Platform under “Services”. The prices shown shall be binding. Membership fees for the whole period of paid membership shall be due upon receipt of the invoice. Digital invoices are not exempt from any applicable value added tax. The User may settle invoices using the direct debit procedure, accepted credit cards or through the online payment procedure provided. If a membership fee cannot be collected, the User shall bear all costs arising, in particular bank charges in connection with the return of direct debits and similar fees to the extent that the User is responsible for them. webnwine may send the User with an invoice for membership fees for paid membership by e-mail.
9. Termination and exclusion of Users
If the User breaches these conditions of use does not accept them, or for good reason, webnwine shall have the right to terminate the User contract with immediate effect and/or to exclude the User from the Platform without prior notice. webnwine shall also have the right to check content placed on the webnwine Platform by the User and, in particular, if there is a breach or if there is good reason, to delete or to edit content.
A good reason shall be that a continuation of the contractual relationship to its end or until the renewal of membership is unreasonable for webnwine, taking account of all the circumstances in the case. Other good reasons include the following: non-compliance with legal prescriptions by the User, breaches by the User of contractual obligations, in particular of these conditions of use, or if the reputation of the services offered on the Platform would be compromised by the presence of the User, for example, if it is discovered, after registration, that the User has been found guilty of a criminal act and that this judgement is known to other Users or if the User promotes associations or collectives, or their methods and activities, that are being monitored by the security or youth protection authorities or if the User causes damage to one or more other Users or if the User is a member of a sect or other disputed religious community.
The right of the User to repayment of membership fees paid in advance shall be excluded in the following cases: if webnwine terminate the contract for good reason or if webnwine blocks access of the User to the Platform or the User terminates the contract. The right of the User to repayment of membership fees paid in advance shall not be excluded if the User terminates for a good reason which is the responsibility of webnwine.
webnwine uses so-called cookies in order to be able to better orient its services towards the wishes and needs of Users and to be able to collect statistical data on the use of the Platform. Cookies are small text files that can be transmitted from a website to the local memory of the User’s Internet browser and stored on the computer operated by the User. In particular, cookies enable the recognition of the Internet browser. The Platform's cookies do not collect any personal data on the User or usage. The User may delete cookies at any time by calling up the relevant menu item in the Internet browser and deleting the cookies from the hard disk. The User can find details of the procedure in the Internet browser help menu.
11. Use of Google Analytics
12. webnwine rating systems
That User shall be obliged to make ratings, especially wine ratings exclusively as prescribed by webnwine.
13. Content of wine ratings
In connection with ratings on the Platform, the User shall be obliged:
to describe the rated wine as precisely as possible
to make a rating or post an image only if the User has tasted the wine personally
not to make a rating if the User is an employee or owner or operator of the producer or is connected with it in a similar way, for example, by being a member of the family of one of those people. The same shall apply to employees of importers and distributors and their family members if the wine concerned is imported or distributed by them.
not to make false or improper ratings or to make false statements about wines which could have an effect on the decision of other consumers
to make positive or negative ratings within the boundaries of freedom of expression which provide other consumers with the opportunity to form a more meaningful or more objective or more comprehensive image of a wine and the characteristics associated with it. The ratings given by Users do not express the opinion of webnwine.
webnwine makes every effort to ensure the constant availability of the Platform. webnwine cannot, however, guarantee the constant accessibility and functionality of the Platform. The User shall have no claim to compensation from webnwine for non-availability.
15. Usage and access rights
The User accepts that webnwine shall have the right to use and access any content posted by the User as part of its editorial responsibility and in the exercise of its editorial functions for content for an unlimited period. To this extent, that User grants webnwine an irrevocable right to use the content posted with no restriction as to fact, content or time. No compensation may be claimed for content posted by Users. webnwine shall have the right to copy or otherwise publish, in particular on other Platforms, content posted by Users without prior notice.
16. Data monitoring and data selection
In order to prevent misuse, webnwine may monitor, check and filter all incoming and outgoing messages, data and e-mails. webnwine shall have the right to block the User concerned in cases of breaches of these conditions of use or the law.
17. Correctness of data
webnwine shall accept no liability for the correctness, timeliness and completeness of data.
18. Exclusion of liability
webnwine shall accept no liability for any loss, in particular commercial losses, or physical or immaterial damage arising from the use of the Platform. webnwine shall give no warranty for the timeliness, correctness, completeness or quality of the information and data made available or for any misuse of information and data. webnwine also reserves the right to change, expand, delete or cease publication of the information it provides at any time without prior notice. webnwine expressly distances itself from content posted by third parties, which represents their subjective opinions. webnwine does not make such content its own through its publication. Certain links lead to the websites of third parties which are completely beyond the influence of webnwine, so that no responsibility can be accepted for the correctness, completeness and legality of the content of such websites or for any goods and services offered on them. Their operators are solely responsible for the content of linked sites. Hyperlinks, advertising banners, product data, information on companies and the like do not represent recommendations by webnwine for third parties and their services. webnwine shall accept no liability for their content, including the prices and availability of products.
19. Content protection and linking
The content of websites published by webnwine, including products, brands and logos, information, reports, images and illustrations are protected. Any copying, distributing and other use, especially commercial, publishing, editing and deletion of content by unauthorised Users is prohibited. This shall include the integration and reproduction of content on third party websites through interlinks, deep links or frames.
20. Data protection
User data shall be collected, saved and/or analysed only to the extent that this is necessary for the operation and optimisation of the Platform. The User shall allow webnwine to use and process personal and usage data directly connected with the provision of services on the Platform. Data shall be treated confidentially and protected against unauthorised access by third parties. webnwine shall accept no liability for the unauthorised access of third parties to the User’s personal data. No personal data of the User shall be made available to private persons, companies or other third parties without the approval of the User but aggregated anonymous data may be communicated to third parties. webnwine expressly states that there are gaps in the security of data transmission over the Internet and e-mail communications and that they cannot be fully protected against access by third parties. The use of contact data of the publisher for advertising purposes is expressly not desired except with prior written approval or if there is an existing business relationship.
The content of the Platform and its country-specific domains and sub-domains is protected by copyright. Without the prior written approval of webnwine, the content of the Platform may not be reproduced, processed, copied or disseminated in any manner or form, either in full or in part, unless this is expressly stated on the Platform. All identifying and possibly protected marks represented on the Platform, such as brands and trademarks, are subject to the conditions of the applicable protection rights and the rights of ownership of the registered legal owner.
22. Illegality and invalidity
If one or more provisions of these conditions of use is or becomes illegal or invalid, or if there is an omission from the contract, this shall not affect the validity of the other provisions of the contract. The illegal or invalid provisions shall be replaced by provisions that come closest to the commercial purposes of the contract. The same shall apply to any omissions from the contract.
23. Applicable law and jurisdiction
Swiss law shall apply exclusively. Unless the law provides otherwise, the jurisdiction shall be that of the registered office of webnwine. webnwine reserves the right, however, to enforce its rights at the domicile of the User or any other responsible authority.
Drafted 26 January 2009