Vintrado Business Sales Terms
Version of June 1, 2021
These terms and conditions apply to the use of the platform by Business Sellers.
- Customer : a person who places an order on the Platform for the purchase of products from Business Sellers .
- Terms and Conditions of Sale : the terms and conditions that apply to agreements concluded between a Business Seller and the Customer .
- Platform : the platform of Vintrado on which Business Sellers can offer their products to ( potential ) Customers .
- Vintrado : the private limited company Vintrado BV established in Amsterdam. Operating under VAT number NL862466684B01: and registered in the Chamber of Commerce under number: 82426414 .
- Business Seller : any (legal) person, acting in the exercise of his business profession, who has created an account for the use of the Platform.
2. Obligations Business Seller
- In order to open a Vintrado account, the Business Seller must:
- be registered with the Chamber of Commerce;
- have a VAT number;
- to have a current account with a bank established in the EEA;
- have a postal address in the EEA.
- The Business Seller is responsible for all use of his Vintrado account. The Business Seller must proceed carefully to his inlogge ge data. By suspicion of abuse the Business Vintrado Seller shall immediately inform set and credentials to change.
- The Business Seller must ensure that his details in the Vintrado account are always correct. If the (contact) details of the Business Seller change, he must update his details in the Vintrado account.
- The Business Seller must refrain from acting that could damage the reputation and/or image of Vintrado or the Platform.
- The Business Seller is responsible for complying with all laws and regulations applicable to it (including the payment of local taxes/duties).
- The Business Seller is not allowed to sell products that do not fall under one of the product categories determined by Vintrado.
- Vintrado is entitled to change the product categories at any time. If Vintrado change product categories, it will be so in accordance with Article 14 ( 'changing conditions' ) do .
- The Business Seller ensures that:
- the advertisements are drawn up in Dutch or English;
- the products offered by him are his property and he is authorized to alienate them;
- all product information stated in advertisements offered by him on the Platform is correct and complete - this includes the obligation to report defects in the product (such as the label, the bottle, heat damage, the cork and the capsule) - and does not contain any information other than that which is relevant to the product or the sale;
- the stated price includes VAT;
- the title of the advertisement contains only the name and content of the product;
- the photos of the product in the advertisement of the offered product are (it is not allowed to use photos that are not related to the offered product);
- all Products offered by him on the Platform are in stock with him;
- the prices for his products are not higher than the products that the Business Seller uses on the webshop(s) managed by him; and
- the offer complies with all applicable laws and regulations.
- The Business Seller agrees that all its products are offered on the Platform under the applicability of the Terms of Sale.
- The Business Seller is not allowed to:
- link or refer to other websites in the advertisement, or elsewhere on the Platform;
- to refer to his trade name, other than on the page or pop-up with information about the seller of the product (this does not apply to the trade name of the producer of the product);
- refer in the advertisement to discounts, (lowest price) guarantees or similar sales-promoting statements;
- place advertisements for the purpose of promoting a business;
- to offer products that are illegal, the trade of which is prohibited, infringe (intellectual property ) rights of third parties or are otherwise unlawful;
- include a limitation of liability in the advertisement (for example with regard to the authenticity of the product); and/or
- to send r eclaims or other commercial expressions with the delivery of the products .
- Vintrado strives to ensure that the prices of products offered via the Platform are in line with the market . For that reason, the Business Seller is not entitled to charge a price for a product that is 15% higher than the cheapest price for that product on the Dutch online market (discounts are not taken into account) .
- The Business Seller authorizes Vintrado to display its advertisements through other distribution channels (by third parties), such as third-party websites and in print media.
4. Order and delivery
- As soon as a Customer places an order with the Business Seller and the Customer pays for this order by transferring the amount of money to Vintrado's third-party account, the Business Seller will immediately receive an order confirmation by e-mail.
- The Business Seller hereby irrevocably grants Vintrado the right to exercise the collection rights arising from agreements concluded between the Business Seller and Customers in the name of Vintrado and to the exclusion of the Business Seller .
- The Business Seller must send the order to the Customer within 2 working days after receipt of the order. The Business Seller must ensure that the order is properly packed so that the products cannot break or otherwise be damaged.
- Vintrado offers the Business Seller the opportunity to use PostNL's shipping service. If the Business Seller wishes to make use of this, he can use the shipping label that Vintrado sends by email to the Business Seller after receiving an order from a Customer. An agreement is then concluded between PostNL and the Business Seller. PostNL's costs will be borne by the Business Seller and will be set off against fees owed by the Business Seller to Vintrado or charged by Vintrado). If the Business Seller does not use the PostNL shipping service, he must enter the track & trace code of the company with which he sends the package on the Platform. Based on the track & trace code, it is possible for Vintrado to determine when the order has been delivered and when Vintrado can proceed to payment from the Business Seller (see article 4 sub f).
- Vintrado is not liable for any damage or loss that occurs during the shipment and the order.
- As soon as the Customer's reflection period has expired, the Business Seller will receive from Vintrado the purchase amount of the order minus the compensation owed by the Business Seller for that transaction.
- If the Customer makes use of the cooling-off period (or cancels the order on other grounds as included in the Terms and Conditions of Sale), Vintrado will refund the purchase amount to the Customer as soon as the Customer has returned the order to the Business Seller. If the Business Seller has already received payment for an order from Vintrado and the Customer is entitled to a refund of the purchase amount under the Terms of Sale, Vintrado is entitled to recover payments made to the Customer from the Business Seller.
5. Customer relationship
- As soon as a Customer places an order with the Business Seller and pays for this order, an agreement is concluded between the Business Seller and the Customer. The Terms and Conditions of Sale apply to that agreement.
- The Business Seller is responsible for fulfilling agreements with Customers and acknowledges that Vintrado is not a party to those agreements.
- The Business Seller indemnifies Vintrado against all claims from Customers related to agreements that the Business Seller has concluded with Customers.
- The Business Seller acknowledges and agrees that Customers who have a complaint or question about a product or a Business Seller should first contact Vintrado. The Business Seller gives Vintrado the right to communicate directly with the Customer on behalf of the Business Seller.
- The Business Seller is responsible for proper 'after sales', which includes, but is not limited to:
- An easily accessible customer service; and
- Friendly handling of customer complaints.
- The Business Seller guarantees to respond to questions or complaints from Customers within 2 working days.
- The Business Seller acknowledges and understands that Customers who have entered into an agreement are invited to write a review about the Business Seller and the products offered by the Business Seller. Vintrado has no influence on these reviews. Unless reviews do not comply with laws or regulations, are contrary to morality or do not relate to the Business Seller and/or the products offered by him, Vintrado will not adjust or remove the review.
- For the use of the Platform, the Business Seller is charged a fixed amount per month and/or a fee per transaction. Whether the Business Seller owes a fixed amount per month, as well as the fee per transaction, depends on the sales profile chosen by the Business Seller .
- The fixed monthly fee , if due, must be paid by direct debit.
- With due observance of a notice period of 1 month, Vintrado can unilaterally change the amount of the fees owed by the end of each month. If the Business Seller does not agree with the amended fees due, the Business Seller may terminate the agreement within the notice period by deleting its account. If the Business Seller does not exercise its right to terminate the agreement, it is bound by the new fees owed.
7. Intellectual property rights
- All intellectual property rights in the Platform, the content on the Platform not created by the Business Seller and all Vintrado brands and logos (“ Vintrado IE ”) are the property of Vintrado and/or its licensors. The Business Seller is only given the limited right to use the Vintrado IP to the extent necessary for its use of the Platform in accordance with these terms and conditions.
- Vintrado obtains the non-exclusive, free of charge and non-transferable right, as long as the agreement between the Business Seller and Vintrado is in force, to use the Business Seller's logos and word marks in all media for the benefit of the Platform.
- With regard to product information that the Business Seller creates with regard to its offered products and uses on the Platform, the Business Seller hereby grants Vintrado the non-exclusive, free, transferable and irrevocable right to use, reproduce that information indefinitely and perpetually and make it public for any purpose. The Business Seller warrants that it is authorized to issue this license.
Data Vintrado has access to
- Through the creation of Vintrado account and acceptance of her terms , gets Vintrado access to the company completed the Business Seller. In addition, Vintrado has access to all data regarding the products that the Business Seller offers via the Platform (such as product categories, sales prices, advertising content and stock). Also, during the use of the Platform by the Business Seller, information is generated by Vintrado, such as information about settings for the display of advertisements and user activity.
- As soon as the Business Seller has sold products, Vintrado also gains insight into the sales data (such as name and address details of the customer , delivery time, returns and cancellations ) and after-sales data (such as customer questions ) that are provided by the Customer or are automatically generated .
- Vintrado has finally understand aggregated data from all Business Vendors and Customers (and users) on the platform. This information is used , among other things, to visualize the size of the Platform.
- After the termination of the agreement with the Business Seller, Vintrado can, to the extent permitted by law, retain the data referred to under a, b, and c and use it to promote or support its business activities (such as for example analytical and statistical purposes). or as stated elsewhere in these terms.
- Vintrado will only disclose the data referred to under a, b, and c to third parties before this is necessary for the provision of services. If Vintrado wishes to pass on the data to third parties for other purposes, it will inform the Business Sellers about this.
Data that the Business Seller has access to
- The Business Seller has insight into the data generated by him via the Platform (including his company data, advertisements, products offered).
- With regard to the data generated by the Platform, the Business Seller only has access to the data necessary to use the Platform and to execute agreements concluded with Customers. This includes the following data: Name and address data and messages from customers.
- Other data that is generated by the Platform but which are not necessary for the use of the Platform or to execute the agreements with Customers, are not provided to the Business Seller. Nor is (aggregated) data from other Business Sellers and Customers shared.
9. Duration, suspension and termination
- The agreement between Vintrado and the Business Seller takes effect as soon as the Business Seller has created a Vintrado account.
- The Business Seller can terminate the agreement at any time by deleting his account. Monthly fees already (prepaid) are non-refundable.
- If the Business Seller does not act in accordance with the law and/or these conditions , Vintrado has the right to take measures. Vintrado can these measures take if the Corporate Seller you an unreasonable manner (directly or indirectly) use makes the Platform :
- Temporarily block the Business Seller's account;
- Remove (temporarily) one or more advertisements from the Business Seller (without refund of the monthly fee paid)
- Imposing restrictions on the posting of advertisements;
- If Vintrado decides to terminate the agreement with the Business Seller in its entirety , Vintrado will, in principle , provide the Business Seller with a motivation for that decision 30 days prior to this. Vintrado does not have to observe this period if it is legally permitted not to observe a period, for example in case of repeated violations.
- If the agreement is terminated, the Business Seller's Vintrado account will be blocked and the Business Seller will no longer have access to his data.
- The Business Seller is not entitled to any (damage) compensation in connection with suspensions as referred to in sub c or the termination of the agreement.
10. Ranking products
- The products are ranked on the Platform based on popularity and best-selling products.
- If Vintrado (temporarily) suspends its obligations or terminates the agreement with the Business Seller and the Business Seller does not agree with this or if the Business Seller has another complaint about the Platform, the Business Seller can email his complaint to Vintrado ( complaints @vintrado.com ).
- Vintrado aims to contact the Business Seller within a period of 7 working days to discuss his complaint.
- Unless there is intent or willful recklessness, Vintrado excludes its liability for damage suffered by a Business Seller due to the (inability to) use the Platform or for damage otherwise related to this agreement, regardless of the legal basis on which liability is based.
- If the complete exclusion of liability by Vintrado does not hold for whatever reason, Vintrado's liability is limited to EUR 150.
- The Business Seller indemnifies Vintrado against all third-party claims (including all associated costs) arising from non-compliance with these terms and conditions.
- Our Privacy Statement explains how we handle personal data and how we protect personal data.
14. Change conditions
- Vintrado is entitled to change these terms and conditions. Unless there is a situation as referred to in sub b, Vintrado will inform the Business Sellers 15 days prior to the entry into force of the amended terms and conditions. Vintrado uses a longer notice period if it is necessary for the Business Sellers to make technical and commercial adjustments in light of the changed conditions. If the Business Seller does not wish to be bound by the amended terms and conditions, the Business Seller must delete his Vintrado account during the notice period. Any prepaid monthly fees are non-refundable.
- If Vintrado is not legally obliged to use a notice period, Vintrado is entitled to change the terms and conditions without observing a notice period.
15. Applicable law and competent court
- These terms and conditions and all resulting legal relationships between Vintrado and the Business Seller are governed exclusively by Dutch law. Disputes between Vintrado and the Business Seller in connection with these terms and conditions will be submitted exclusively to the competent court in Amsterdam.