These Buyer Terms apply to every company that buys on WineGate. They add to the Terms of Service; where the two differ on buying, these Buyer Terms apply. Your company accepts them before it places its first order, makes an offer or bids, through a person who may act for it.
Contents
Who can buy
Any company reviewed by our team can buy: producers, trade companies, retailers, restaurants, hotels, cafés and bars. You buy for your business, to resell or to serve, not as a consumer. You hold any licence your country requires to buy, store or sell alcohol.
Your contract is with the seller
When an order is accepted, the contract of sale is between your company and the seller. WineGate is not a party to it and does not sell the goods. The seller is responsible for the goods and their delivery; you are responsible for paying for them and for the formalities on your side described below.
Prices and the price in your country
Prices are per bottle and exclude VAT unless the lot says otherwise, at the warehouse and with the duty status shown on the lot. The figure "≈ in your country" is an estimate: the seller's price plus the excise and VAT of the country of your company at the rates in force. It does not include freight, insurance, customs duty, warehouse charges or the seller's delivery costs, and it is not an offer.
Placing an order
An order is binding once it is accepted: by Buy now, when the seller accepts your offer, when you accept a quote or a counter-offer, or when you win an auction. Before you order, check the minimum order, the duty status, the warehouse and the delivery terms. The order records what was agreed.
Payment
You pay the seller directly, by bank transfer against the seller's invoice, on the terms you agree. Buyers pay no fee to WineGate and there is no subscription.
Delivery, excise and import
The delivery terms in the order, an Incoterms® 2020 rule such as EXW, FCA, DAP or DDP, decide who arranges transport and when the risk passes to you. Unless the order says DDP, or the seller agrees to deliver with the excise of your country already paid, your company is responsible for excise, VAT and import formalities on its side: receiving the goods at an excise warehouse or as a registered consignee, paying the excise when they are released for consumption, accounting for VAT on the acquisition, and customs clearance for goods arriving under T1.
In practice, a restaurant or a retailer usually orders to an excise warehouse in its own country, collects the goods there and pays the excise when they are released. WineGate does not arrange transport, warehousing, excise or customs documents.
Receipt and claims
Check the goods on delivery and record any visible damage or shortage on the delivery note. Then, in the order on WineGate:
- confirm Received when the goods match the order;
- report a shortage, visible damage or the wrong goods within 7 days of delivery, with photographs and the delivery documents;
- report a defect that could not be seen on delivery promptly after you discover it.
The seller answers within five working days, and you settle the claim with the seller. WineGate does not decide disputes between companies.
Cancellation
An accepted order can be cancelled only with the seller's agreement or under the terms you agreed with the seller. The right of withdrawal that consumers have does not apply to business purchases.
What the seller sees
To perform an order, the seller sees your company's name, VAT number and country, the name and contact details of the person who placed the order, and the delivery address or excise warehouse you give. The seller uses them only for that order and its own legal duties.
Changes and contact
We change these Buyer Terms in the way set out in the Terms of Service: at least 15 days' notice, and the app asks for your acceptance where it is needed. Questions: legal@winegate.app. PorteVin OÜ, registry code 17473145, Karusambla tee 25, Leppneeme küla, 74009 Harju maakond, Estonia.