These Seller Terms apply to every company that lists a lot or sends a quote on WineGate. They add to the Terms of Service; where the two differ on selling, these Seller Terms apply. Your company accepts them before it lists its first lot, through a person who may act for it.
Contents
Who can sell
Companies of the Producer and Trade types sell on WineGate, once our team has reviewed them. By listing a lot you confirm that your company holds every registration, licence and excise status it needs to sell the goods and to dispatch them as agreed, for example as an authorised warehousekeeper or registered consignor where the movement requires it.
Your lots
Each lot must be accurate and current. In particular:
- the product, producer, vintage, strength, bottle size, packaging and quantity are correct;
- the warehouse, duty status (in bond, duty paid or T1), minimum order and price, and how long the price holds, are stated as they are;
- you have the goods, or a firm right to them, in the quantity shown;
- photographs are of the goods or are yours to use;
- you update or withdraw the lot as soon as it changes or sells elsewhere.
Orders and delivery
An order is binding on your company once it is accepted on WineGate. You deliver the goods in the quantity and condition described, by the agreed date and on the agreed delivery terms (Incoterms® 2020 rule, place of delivery, excise warehouse or address of the buyer). If you cannot, tell the buyer at once through the order and cancel or amend it with their agreement. Repeated cancellations may lead us to restrict your selling.
Excise, customs and tax
Your compliance is your own. Depending on the movement, that includes the electronic administrative document in EMCS or the simplified accompanying document, excise in your country and any reclaim, the VAT treatment of the supply (for example an intra-Community supply to a buyer with a valid VAT number) and customs formalities for goods under T1. WineGate does not prepare, submit or check these documents.
Invoices
The official invoice for an order is issued by your company from its own accounting and attached to the order on WineGate.
Fees
Listing lots is free. You pay a platform fee of 1 % of the value of each paid order, excluding VAT, with no minimum. Buyers pay you directly. At the start of each month we send you one invoice for the fees on the orders paid in the month before, payable within 14 days; the reverse charge applies where your VAT number is in another EU member state. A month's fees below €0.50 are carried over to the next invoice. If an order is cancelled and refunded in full before that invoice is issued, no fee is charged on it. If a fee invoice is more than 14 days overdue, we may pause your selling until it is paid.
Cancellations, returns and claims
A buyer reports a shortage, damage or goods that do not match the order through the order on WineGate, as the Buyer Terms describe. You answer within five working days. You and the buyer settle the claim between you: replacement, credit, a partial or full refund, or the return of the goods at the cost of the party at fault. WineGate does not decide disputes between companies, but may ask both sides for information and restrict a company that does not handle claims in good faith.
Reporting to tax authorities
As a platform operator under Council Directive (EU) 2021/514 ("DAC7"), we must collect and verify information about sellers and report it once a year to the Estonian Tax and Customs Board, which passes it to the tax authorities of the member states concerned. For your company we collect its legal name, registered address, VAT number and tax identification number, business registration number, the member state where it is established, the bank account to which payments are made and its holder, and, for each quarter, the number of paid orders, the amounts paid for them and the fees we charged.
We report by 31 January for the previous year and send you a copy of what we report about your company. If you do not give us the information after two reminders, the law requires us to stop your selling until you do.
Breach and suspension
If a lot is inaccurate, goods are not delivered as agreed, claims are not dealt with, or the law or these Seller Terms are breached, we may withdraw lots, pause selling or close the account, as the Terms of Service describe, and tell you why.
Your responsibility to WineGate
Your company is responsible to WineGate for claims, fines and costs that arise because of its goods, its lots, its orders or its breach of the law or these Seller Terms, and will make good any such claim brought against WineGate, unless WineGate caused it.
Changes and contact
We change these Seller 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.