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Terms & Conditions

Welcome to the Terms and Conditions for theWineandMore.com. The entire content, included in this site, including but, not limited to, text, graphics, and code, is copywrited as collective work and is protected by national and international copyright and other intellectual property laws. TheWineandMore.com is property of Brza Distribucija d.o.o., Bosutska 9, 10000 Zagreb, Croatia, OIB: 34663356587  and will be referred to as Wine&more for the purposes of this document.

Users of our website (“Site”) are provided with a wide variety of information and services, including search capabilities, access to articles and content, the ability to submit comments, and shopping opportunities (collectively the “Wine&More Service”). By using our Site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. Your continued use of the Wine&More Service indicates your acceptance of the amended Terms of Use.
The terms “Wine&More” or “us” or “we” refers to the owner of the Site, Brza Distribucija d.o.o. The term “you” refers to the user or viewer of our Site.

NOTE:
Products pictures on Wine&More are illustrative. The picture that illustrates the product on the website thewineandmore.com may not correspond fully to the actual design and content of the product; therefore, the customer cannot demand a refund on that basis. Wine&More will attempt to publish accurate and current information on the website thewineandmore.com, but assumes no responsibility for its accuracy and completeness.

Limitations of Use
Your license for access and use of the Wine&More Site and any information, materials and documents therein are subject to the following restrictions and prohibitions on use:

  1. You may not copy, reproduce, distribute, republish, display, post, or transmit any material contained on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Wine&More;
  2. You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” any material contained on the Site on any other server. Any unauthorized use of any content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the website that are licensed by Wine&More, including but not limited to design elements and code, are subject to the same conditions.

Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Links to Third Party Sites
The Site may contain links to web sites controlled, owned, and operated by third parties ( “third-party sites”). Wine&More cannot control and has no responsibility for the accuracy or availability of information provided on third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Wine&More of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience. You agree to access third-party sites at your own risk. Such third-party sites may have a privacy policy different from that of Wine&More and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Wine&More shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

Indemnification
By accepting the Terms of Use, you agree to indemnify and otherwise hold harmless Wine&More, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the Wine&More Site.

Termination
You agree that Wine&More may, with or without cause, immediately terminate your Wine&More account and access to the Wine&More Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Wine&More of a user’s use of the Wine&More Service

a) breaches or violations of this Terms of Use or other incorporated agreements or guidelines,
b) requests by law enforcement or other government agencies,
c) a request by you (self-initiated account deletions),
d) unexpected technical issues or problems.

Termination of your Wine&More account includes removal of access to all offerings within the Wine&More Service and may also ban you from further use of the Wine&More Service. Furthermore, you agree that all terminations shall be made in Wine&More’s sole discretion and that Wine&More shall not be liable to you nor any third-party for any termination of your account or access to the Wine&More Service.

You further agree that you will not:

(I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Wine&More all of the license rights granted herein;
(II) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(III) post advertisements or solicitations of business:
(IV) impersonate another person.

Public Comments and Forums
Wine&More may make such resources as online message and commentary boards, forums, blogs and personal profile pages available to users. Please remember that any such information that you may choose to provide in these areas becomes the property of Wine&More in accordance with our Terms and Conditions, and we may use such information in any way that we see fit. Such information also becomes accessible to the public. Consequently, you should exercise caution when you disclose your personal information via these areas of our Site, or upload material of any kind to the Site.

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranties
Neither Wine&More, nor any of its affiliates, providers, or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the “Wine&More parties”) guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any content, and Wine&More disclaims liability for errors or omissions in the content.
This site and all of the content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. Wine&More parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Wine&More may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Wine&More parties do not undertake any obligation or responsibility to update or amend any such information. Wine&More reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or tyopographical errors. Use of this site is at your own risk.

Limitation of Liability
Under no circumstances will Wine&More parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Wine&More parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Wine&More is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that Wine&More parties’ total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
All orders are subject to e-mail confirmation by us. Please note that the products displayed on the website may be out-of-stock or discontinued, and availability is not guaranteed.

Exchange rate statement
All prices are displayed in EURO (€). All payments will be effected in Croatian national currency KUNA (kn). The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian Kuna according to the current exchange rate of Croatian National Bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site. Prices may change without notice from time to time. The total amount due is inclusive of VAT. The applicable sales tax amount is indicated on the payment page of the cart.

Binding Agreement
Our order confirmation, these Terms and Conditions and our other Site Policies shall be deemed the final and integrated agreement between you and us on the matters contained in these General Terms and Conditions.

Governing Law and Choice of Forum
Use of this site shall be governed in all respects by the laws of Republic of Croatia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Wine&More products) shall be in the state court located in Zagreb, Croatia. Any cause of action or claim you may have with respect to the site including but not limited to the purchase of Wine&More products must be commenced within one (1) year after the claim or cause of action arises. Wine&More's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Wine&More may assign its rights and duties under this Agreement to any party at any time without notice to you.

Severability
If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

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