Terms and Conditions for UrbanWineBox ApS

 

1. Introduction and definitions

1.1. These terms and conditions (the “Terms”) apply to UrbanWinebox ApS’, CVR no. 37266124, Ny Carlsberg Vej 80, 1760 Copenhagen, (“UWB”) delivery of services.

1.2. Registered and stored wines are referred to as “Wine Products”.

1.3. A member who creates an advertisement for wine sales is referred to as “Seller”. A member who uses an advertisement to buy wine is referred to as “Buyer”.

1.4. UWB’s wine depots located at Bohrsgade 5, 1799 Copenhagen, are referred to as ”UWB’s Wine Cellar”.

1.5. Professional wine distributors with whom UWB has entered separate agreements for the sale of Wine Products are referred to as “UWB Partners”.

1.6. UWB’s communication platform, which establishes contact between Buyers, Sellers and UWB Partners concerning purchasing and selling of Wine Products, referred to as the “Communication Platform”.

 

2. Establishment, change and termination of membership 

2.1. Only persons over the age of 18 may use UWB services. By accepting the Terms, you declare that you are 18 years of age or older.

2.2. To become a member of UWB, you must create a member profile and read and accept the Terms and our Privacy Notice. In connection with creating the membership, the member receives a confirmation which is sent to the member’s email address along with the Terms. 

2.3. UWB is entitled to refuse membership. 

2.4. The member must inform UWB of relevant member information and keep UWB updated. 

2.5. UWB’s non-compliance with the Terms because of the member’s submission of incorrect or insufficient member information does not constitute a breach. 

2.6. If the member deletes or fails to provide membership information that is necessary to be a member of UWB, the membership terminates automatically.  

2.7. 5 months after the conclusion of the agreement, the member may terminate the agreement with 1 month’s notice until the end of a month. This period of commitment also applies even if the member collects all Wine Products at UWB before the end of the period. At the end of the period of commitment, the membership is automatically renewed every month if not terminated.  

2.8. UWB can terminate the membership for the current month plus one month. If UWB terminates the membership, the member will be notified by email. 

2.9. The member can cancel the membership for the current month plus one month under the menu “My account” on UWB’s website. 

2.10. UWB offers subscriptions to which particular terms apply regarding price, storage, liability, etc. A detailed description of the subscription types can be found in UWB’s price sheet, which you can find https://www.urbanwinebox.com/subscriptions-table  

2.11. Adjustment of the subscription types takes place in accordance with UWB’s price sheet, which can be read https://www.urbanwinebox.com/subscriptions-table 

2.12. UWB may change subscription fees and terms, including the Price Sheet, as well as amend fees and introduce additional fees, if changes occur in risks or costs associated with UWB’s services and/or following amendments to legislation or to the consumer price index, provided prior notice to the member well in advance of the change, whereby the member is given the opportunity to terminate its subscription before the change becomes effective. 

 

3. Services 

3.1. Storage of Wine Products at UWB 

3.1.1. UWB members can have Wine Products registered and stored in UWB’s Wine Cellar. 

3.1.2. The member guarantees that the member has the full right of disposal and ownership of submitted Wine Products and assumes any liability in this regard. 

3.1.3. UWB reserves the right to reject Wine Products that UWB estimates have a value below DKK 300.00 or do not constitute wine. 

3.1.4. After receiving the Wine Product, UWB sends an email to the member with a confirmation along with a picture of the Wine Product. 

3.1.5. When handing in Wine Products to UWB’s Wine Cellar, each Wine Product is assigned a unique code linked to the member’s account, which makes it possible to trace the Wine Product in UWB’s system, e.g. for the purpose of collection and in event of the termination of UWB. 

3.1.6. Delivery and collection of Wine Products take place by appointment on UWB’s website. UWB reserves the right to accept delivery or collection of Wine Products without prior appointment, but the member has no right hereto, and rejection without prior appointment does not constitute a breach. 

3.1.7. Wine Products can be delivered and collected by persons who are members of the UWB and who have reached the age of 18. Wine Products can be collected by persons who are not members of the UWB if the person presents a letter of attorney from the member stating the name of the person who collects the Wine Products. 

3.1.8. UWB reserves the right to require the person who collects Wine Products to present valid photo identification as well as a letter of attorney and may refuse to hand over the Wine Products if identification cannot be presented or if the person who collects the Wine Products is below 18 years of age. A rejection does not constitute a breach. 

3.1.9. A member may submit Wine Products by stating UWB’s supply partner as the recipient, cf. the information about this matter on UWB’s website, when the member orders Wine Products from a third party, e.g. by distance selling, pre-ordering, etc. UWB receives the Wine Products on behalf of the member and registers the Wine Products in the member’s account. UWB is not responsible for the shipment of Wine products to UWB or for any damage that may occur to Wine Products before they come into UWB’s physical possession. The member must provide UWB with sufficient information to UWB to identify the Wine Products as belonging to the member. If UWB is unable to identify the member, section 3.1.13 applies. 

3.1.10. When UWB receives a Wine Product from the supplier partner, section 3.1.4 applies. 

3.1.11. Upon collection of the Wine Products, UWB charges a fee for the administration associated with the collection in accordance with the price sheet, which can be read https://www.urbanwinebox.com/subscriptions-table (“Handout fee”). 

3.1.12. Once the member has collected the Wine Products, all risks pass to the member. The member is identified in relation to transfer of risk etc. with the person whom the member has authorized to collect the Wine products. 

3.1.13. The member must collect Wine Products within 6 months after termination of membership regardless of the reason for termination. 

3.1.14. If the Wine Products are not collected by the end of the 6 month period, UWB is entitled to freely dispose of Wine Products and has the right to receive a potential profit including coverage of expenses cf. clause 3.1.15. This right applies at the earliest 3 months after UWB has sent a claim per letter and email to the member. In the case UWB is not in possession of the member’s address, UWB will only send an email.   

3.1.15. The member is liable for the cost of storage after the termination of the membership and all other loss in connection hereto.

 

3.2. Purchase and sale of Wine Products

3.2.1. Purchase and sale of Wine Products between UWB’s members on the Communication Platform 

3.2.1.1. UWB’s members are automatically granted access to the Communication Platform. 

3.2.1.2. When agreements are entered into on the Communication Platform, UWB is an independent intermediary which assists the parties in entering into the agreement. UWB is in no way responsible for Buyer’s or Seller’s fulfilment of said agreement. UWB is not liable for information listed about Wine Product on the Communication Platform. If Buyer or Seller wishes to make a claim, this must occur against the contracting party and not UWB. 

3.2.1.3. The Seller is responsible for the inclusion of all mandatory fees, taxes etc. in the listed price including e.g. VAT and excises and to inform the member about this.  

3.2.1.4. Bids given on the Communication Platform are binding. The Buyer is bound to buy the Wine Product if the Seller accepts the bid which constitutes an invitation to tender. The winning bid is the highest bid which matches the minimum price (if a such is stipulated) and lives up to other conditions for the auction. If the highest bid is lapsed, the second-highest bid will be regarded as the winning bid. 

3.2.1.5. UWB can cancel an auction as well as prolong or restart it e.g. in the case of misuse or technical breakdown or if UWB finds it appropriate, e.g. in case the sold item does not constitute a Wine Product of economic value. 

3.2.1.6. The member is informed per email about winning bids, and subsequently an agreement has been entered into between Buyer and Seller. 

3.2.1.7. Seller cannot bid on its own or connected persons’ Wine Products. Buyer can be barred from bidding in case of misuse of cancellation right. 

3.2.1.8. UWB retains the right to delete auctions and bids which do not live up to the Terms. 

3.2.1.9. UWB receives payment from Buyer and transfers the payment to Seller. UWB does not take any responsibility for Buyer’s missing payment of the Wine Product and is solely responsible for facilitating the payments.

3.2.1.10. The Communication Platform contains an online payment module which is used for purchases. The purchase price is deducted from Buyer’s credit card via the module when the bidding is finalized. The sum for the Wine Products is transferred to Seller’s account at UWB from where Seller can withdraw the amount. When the payment is complete, the Wine Products are transferred to Buyer’s account at UWB from Seller’s account, and a confirmation email is sent to Buyers and Seller’s email addresses. UWB deducts Seller’s Premium before the sum is transferred to Seller’s account, cf. section 4.

3.2.1.11. Delivery of Wine Products is completed when the Wine Product after payment has been transferred from Seller’s to Buyer’s account. The Wine Product is hereafter continually stored with UWB on behalf of Buyer. 

3.2.1.12. If the purchase price is not paid, the proprietary rights to the Wine Products remain with Seller, and the Wine Products are auctioned again. Buyer’s account with UWB will be closed. UWB has no liability regarding Seller’s claim, cf. section 3.2.1.9.

3.2.1.13. The completion of trades can be conditioned on Buyer’s use of cancellation right, and the trade is subject to the conditions for cancellation right as stipulated in section 10. UWB is not liable for Buyer’s use of cancellation right. If Buyer has a cancellation right, the sum is transferred to Seller’s account when the cancellation right has expired. UWB handles Buyer’s potential use of cancellation right by retaining Buyer’s payment until the cancellation right has expired cf. section 10.7.2.

3.2.1.14. When buying Wine Products on the Communication Platform, Buyer automatically enters into an agreement with UWB on storing of Wine Products in accordance with section 3.1 if the Buyer does not already have an appointment with UWB, and the Wine Product is transferred from Seller’s account to Buyer’s account, cf. clause 3.2.1.10. 

3.2.1.15. Storage and collection of Wine Products is regulated in section 3.1.

3.2.1.16. Upon termination of membership (regardless of reason), all the member’s advertisements for sale of Wine Products are deleted. 

3.2.1.17. If Seller and Buyer agree that a Wine Product is to be sent directly from Seller to Buyer, UWB is not liable for the shipment and only administrates the payment. 

 

3.2.2. Purchase of Wine Products from UWB Partners on the Communication Platform 

3.2.2.1. Members can via the Communication Platform purchase Wine Products from UWB Partners. The conditions in section 3.2.1. remain valid.

3.2.2.2. Wine Products sold by UWB Partners are not always stored in UWB’s Wine Cellar at the time of sale. In such circumstances, the Wine Product are sent from the UWB Partner to UWB, which then receives the Wine Products on behalf of Buyer.  

3.2.2.3. It must appear in the advertisement that the Wine Product is sold by an UWB Partner, that the Wine Product shall be sent to UWB’s wine cellar, the estimated time of delivery for said shipment and potential fees in that regard as well as information regarding the lapse of cancellation right cf. Clause 10.

3.2.2.4. If the Wine Product is to be sent from an UWB Partner to UWB’s Wine Cellar, the Wine Product is sent by the UWB Partner to UWB, which at the reception registers the Wine Product on Buyer’s account. Storage and delivery of Buyer’s Wine Products is regulated in clause 3.1.

3.2.2.5. If the Wine Product is to be sent from an UWB Partner to UWB’s Wine Cellar, payment will be deducted from Buyer’s credit card when the Wine Product is sent from the UWB Partner. The Wine Product will be registered on Buyer’s account when the Wine Product is received by UWB. An order confirmation will be sent to Buyer’s email address when the UWB Partner has received Buyer’s order as well as a dispatch confirmation when the Wine Product is shipped from the UWB Partner and a reception confirmation when the Wine Product is received in UWB’s Wine Cellar and registered on Buyer’s account. 

3.2.2.6. UWB is not responsible for the shipment of Wine Products from UWB Partners to UWB’s Wine Cellar or for damages which occur on Wine Products before the Wine Product is delivered. UWB Partners are liable for such injuries. 

3.2.2.7. Delivery is considered fulfilled when the Wine Product is registered on Buyer’s account. If delivery is agreed directly to Buyer, section 3.2.1.17 applies. Payment is completed when Buyer has approved the purchase upon delivery. 

 

4. Prices for sale of Wine Products 

4.1. Seller determines the price at which Seller wishes to sell Wine Products by creating an advertisement on the Communication Platform. As payment for use of the Communication Platform, Seller pays a sales commission in accordance with UWB’s price sheet, which can be found here https://www.urbanwinebox.com/subscriptions-table (”Seller’s Premium”). 

4.2. UWB charges an Auction fee from Buyer upon purchase of Wine Products via the Communication Platform in accordance with UWB’s price sheet, which can be found here https://www.urbanwinebox.com/subscriptions-table (”Buyer’s Premium”).

 

5. Marketing

5.1. Direct or hidden advertising and any other form of marketing on UWB’s website from members on behalf of themselves or others is not permitted. It is permitted to create advertisements for Wine Products on the Communication Platform in accordance with the Terms. 

5.2. Any action in violation of clause 5.1 is considered a gross breach of the contract between UWB and the member. 

5.3. UWB retains the right to delete or block content on the Communication Platform without previous notice and to conduct further precautionary measures as UWB deems necessary consequent to the violation of clause 5.1.

5.4. If a third party because of violations of clause 5.1. directs a claim against UWB, UWB reserves the right to direct a claim against the member. 


 

6. Use of the Communication Platform

6.1. Members and UWB Partners must comply with the Terms and legislation in force including the Danish Contracts Act, the Danish Marketing Practices Act, the Danish Sales of Goods Act and the Danish Consumer Contracts Act if it applies. 

6.2. Members and UWB Partners warrant:

6.2.1. That provided information is correct, true and does not infringe legislation in force or third-party rights including intellectual property rights, e.g. copyright or trademark rights,

6.2.2. To not infer immoral or unlawful content to the Communication Platform as well as software which can inflict damage on software or hardware or entail loss, 

6.2.3. To not send out spam, chain letters or pyramid schemes,

6.2.4. To not use search bots (”scrapers”) or other automatic means in order to access or take advantage of the Communication Platform,

6.2.5. To only use data, including personal data, from the Communication Platform to facilitate contact directly related hereto including email addresses and postal addresses,

6.2.6. Not to link or otherwise refer to other websites or to advertise products that are not enclosed in the advertisements’ details and price,

6.2.7. Not to bid on own advertisements or advertisements from others closely related with the member or the UWB Partner, e.g. in order to bring up the price, and 

6.2.8. Otherwise to act in accordance with the Terms.

6.3. Any action in violation of clause 6 is considered a gross breach of the contract with UWB and actionable. 

6.4. UWB retains the right to delete or block content on the Communication Platform without previous notice and to conduct further precautionary measures as UWB deems necessary following the violation, including blocking and deletion of the member’s account and exclusion from the Platform on other accounts. 

 

7. Errors, defects and notices for Wine Products purchased via the Communication Platform

7.1. The Danish Sales of Goods Act applies between Buyer and Seller and between UWB Partners and Buyer. If the sale is characterized as a consumer transaction, the special rules in the Danish Sales of Goods Act on consumer transactions as well as the Danish Consumer Contracts Act apply.

7.2. If Buyer discovers defects in the Wine Product or if the Wine Product in another way is flawed, the Buyer must give notice to Seller in accordance with the conditions set out in the Danish Sales of Goods Act. Otherwise, the right to give notice is lost. 

7.3. Notice of defects must be directed directly to Seller or UWB Partners. The member can contact Info@UrbanWinebox.Com if the member has had a bad experience in order for us to evaluate and potentially react upon the experience. UWB does not take any responsibility for notices.

7.4. If Buyer is a consumer, Buyer can submit a complaint to the Consumer Complaints’ Board via www.forbrug.dk or by inquiry to Forbrugerklagenævnet, Konkurrence- og Forbrugerstyrelsen, Carl Jacobsens Vej 35, 2500 Valby, provided that the conditions are met. 

7.5. Buyer can also use EU’s Online Dispute Resolution platform which can be found on the following website: http://ec.europa.eu/consumers/odr/

 

8. Insurance and limitations of liability

8.1. Storage of Wine Products at UWB 

8.1.1. The member’s Wine Products are insured in terms of value in accordance with UWB’s price sheet, which is available here https://www.urbanwinebox.com/subscriptions-table It is the insurance applicable at the time of the relevant event which decisive.

8.1.2. The insurance covers theft and burglary, fire as well as water damage and similar sudden events outside the control of UWB, including if a UWB employee accidentally drops a bottle on the floor. 

8.1.3. If the insurance does not cover the incident, UWB excludes any liability for storage of Wine Products, hereunder but not limited to damage or depreciation following from wear or tear, accidental incidents and ordinary negligence from UWB, e.g., depreciation following from corked wines, damage of labels, unfit storage, etc.

8.1.4. UWB cannot be held liable for economic loss, consequential losses and/or indirect losses, hereunder but not limited to loss of earnings or loss of data or information, unless the losses are due to UWB’s gross negligence or intent. 

8.1.5. UWB is not liable for the shipping of Wine Products to UWB. UWB is not liable in situations where Wine Products are shipped directly from Seller or an UWB Partner to Buyer.

 

8.2. Purchase and sale of Wine Products on the Communication Platform

8.2.1. UWB is not liable in connection with purchase and sale on the Communication Platform. The use of the Communication Platform takes place at the member’s risk, as if the agreement was entered into without the mediation of UWB. 

8.2.2. UWB is not liable for any defect or flawed Wine Products, hereunder regarding authenticity, value, quality, etc. Complaints and claims regarding defects or flaws must be directed at Seller/UWB Partner, and UWB is not required to function as a mediator.

8.2.3. The member understands and accepts that UWB cannot be held liable for information on the Communication Platform which is not provided by UWB.

8.2.4. UWB cannot be held liable for the accessibility of the Communication Platform nor reduction or absence of functionalities, hereunder following virus, technical errors and fallouts. UWB is not liable for disappointment.

8.2.5. UWB cannot be held liable for economic loss, consequential losses and/or indirect losses, hereunder but not limited to loss of earnings or loss of data or information, unless the losses are due to UWB’s gross negligence or intenti. 

 

9. Data Protection

9.1. In connection with the delivery of our services, it is necessary for us to process personal data. Please find more information on our processing of personal data in our Privacy Notice which is available on our website.

 

10. Cancellation right

10.1. Members may have a right to cancel in accordance with the Danish Consumer Agreements Act.

10.2. This applies if the member purchases as a consumer, irrespective of whether Seller is a professional or not. Seller is required to comply with the rules on cancellation rights in accordance with the below.

10.3. The right does not apply for Wine Products which have been removed from the Communication Platform or which have been facilitated by persons which have been excluded from the Communication Platform.

10.4. The cancellation right only applies on trades between consumers and professions and not between e.g. two professionals or two consumers, cf. Article 1 of the Danish Consumer Agreements Act.

10.5. The cancellation right does not apply under circumstances in which delivery of Wine Products cannot take place before 30  days after the conclusion of agreement, cf.  Article  18(2)(7) of the Danish  Consumer Agreements Act.

 

10.6. Consumers’ purchase of Wine Products on the Communication Platform 

10.6.1. If a consumer purchases Wine Products on the Communication Platform, a 14 days’ cancellation right applies.

10.6.2. The cancellation right is handled by UWB and can be exercised by approaching UWB before the expiration of the cancellation right. It is possible to use the standard form found here https://www.emaerket.dk/external-files/pdf/standardfortrydelsesformular.pdf

10.6.3. The cancellation right commences at the time of the conclusion of the agreement and applies for 14 days hereafter. If it is agreed that the Wine Product shall be shipped to Buyer, the right applies for 14 days after Buyer receives the Wine Product. 

10.6.4. If the cancellation right is exercised, the consumer is required to return the Wine Product to UWB within 14 days after the time of the exercise of the right.

10.6.5. When UWB receives a returned Wine Product, UWB assesses whether the Wine Product corresponds to the purchased Wine Product and whether the Wine Product has deteriorated in value (following e.g. damage of label, bottle opening, etc.). Hereafter, UWB will return the amount paid for the Wine Product deducted any depreciation caused by other usage of the Wine Product than what is necessary to establish the nature, properties and the functionality of the Wine Product. 

10.6.6. Any bottle opening or tasting of Wine Products, usage of Coravin or similar preservation or oxidation devices entail that the value of the Wine Product is DKK 0.00.

10.6.7. Refund occurs via a reversal to the credit card used to purchase the Wine Product.

10.6.8. Buyer shall pay any return costs. If Buyer prefers to return the Wine Product at UWB, section 3.1 must be complied with.

10.6.9. When Buyer has returned the Wine Product, the purchase amount is transferred to Buyer’s account at UWB, from which Buyer can withdraw the purchase amount.

 

10.7. Seller and UWB Partner must comply with the cancellation right

10.7.1. Seller/UWB Partner shall comply with the cancellation right. UWB reserves the right to make a claim against Seller/UWB Partner if UWB suffers a loss following lack of compliance with the cancellation right.

10.7.2. UWB handles Buyers’ exercise of the cancellation right and withholds Buyer’s payment until the expiration of the cancellation right.

10.7.3. If Buyer contacts Buyer/UWB Partner regarding the cancellation right, Buyer/UWB Partner shall immediately inform UWB and refer Buyer to UWB.

 

10.8. Wine Storage

10.8.1. If the agreement on storage of Wine Products is entered into via a remote sale, the consumer has a cancellation right of 14 days from the conclusion of the contract. This right does not apply if the storage of one or more Wine Products has commenced with the consumer’s express consent and acknowledgement of that the right expires when the service has been completed. If the right is exercised, UWB may charge the consumer for the part of the service which has been delivered before cancellation. This is calculated proportionally from the current subscription fee.

 

11. Payment

11.1. The member’s payment for storage of Wine Products, cf. section 3.1, is due in advance the 1st of every month. Payment occurs via the credit card which the member has informed UWB of at account creation.

11.2. UWB is entitled to withdraw the due amount on the registered credit card.

11.3. In case of late payment, UWB is entitled to charge interest rate and reasonable reminder fees in accordance with the Danish Collection Act.

11.4. If payment has not been received by UWB 30 days after it is due, UWB is entitled to:

11.4.1. Move the member’s Wine Products to other locations without being liable to the member’s costs in this regard,

11.4.2. Charge the member costs incurred due to the moving,

11.4.3. Terminate the agreement without notice, and

11.4.4. Withhold amounts from auctions on Buyer’s account and use these to cover the due amount.

11.5. If a credit card expires or becomes inactive, UWB will send a mail to the member. The member is hereafter required to register a new credit card. Lack of compliance herewith constitutes material breach with the agreement with UWB.

11.6. UWB reserves the right to reject delivery and collection of Wine Product if the member has an outstanding debt with UWB.

 

12. Security

12.1. The security of UWB’s Wine Cellar is fundamental, and many electronic and mechanic security measures have been taken – active as well as passive – including CCTV, movement sensors, water and smoke detectors and extraordinary measures which secure Wine Products, customers and employees. UWB’s Wine Cellar at Bohrsgade 5 is a former bunker with very thick and armored concrete wall made to withstand nuclear war and is therefore an ideal place to store Wine Products in a secure manner.

 

13. Other provisions 

13.1. If one or more of the provisions in the Terms become unenforceable or unfeasible, the parties are required to make legal decisions which to the widest extent possible lead to the same or a similar result.

13.2. If one or more provisions in the Terms become unenforceable or unfeasible, this does not affect the validity of the other provisions.

13.3. The member cannot transfer its rights or obligations in accordance with the Terms to a third party. UWB reserves the right to without the consent of the member transfer the agreement to another company which is fully or partially owned by UWB or which UWB fully or partially owns.

13.4. UWB is permitted to use pictures, descriptions and similar uploaded by the members on the Communication Platform in marketing, in newsletters or similar.

13.5. Any conflict between UWB and a member shall be governed by Danish law and settled by Danish courts.

 

14. Contact

14.1. If you have questions regarding the Terms, you can contact us at info@urbanwinebox.com