EFFECTIVE DATE: 27/09/22
TERMS AND CONDITIONS
Under this Terms and Conditions (hereinafter – “Terms” or “Terms and Conditions”) CWS COLLECTION OF WINE SAMPLES LTD (hereinafter – “PUNINWINE”), legal entity acting under the current legislation of the Cyprus provides sale of goods (hereinafter – “Goods”).
You should not use PUNINWINE’s site for any illegal or unauthorized purpose nor may you, in the use of the Goods, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of Goods provision.
SECTION 1 – GENERAL CONDITIONS
1.1. We reserve the right to refuse provision of Goods to anyone for any reason at any time.
1.2. Client agrees not to reproduce, duplicate, copy, sell, resell or exploit any Goods, provided on the Site.
1.3. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
2.1. PUNINWINE is not responsible if information made available on this site which is not accurate, complete or current. The materials on this site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 3 – MODIFICATIONS
3.1. Prices for PUNINWINE’ Goods are subject to change without notice. PUNINWINE reserves the right at any time to modify the Site content without notice at any time. We shall not be liable to you or to any third-party for any modification or Goods’ price change.
3.2. To check the price of the Goods follow the link: https://puninwine.com/.
SECTION 4 – DISCLAIMERS
4.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE SITE IS PROVIDED ON AN “AS IT IS” AND “AS AVAILABLE” BASIS AND THAT WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (AS USED IN THIS SECTION, “WARRANTIES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) WE SPECIFICALLY MAKE NO WARRANTIES THAT OUR SITE, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OBTAINED FROM OR THROUGH THE USE OF THE SITE, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH PRODUCT OR SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NOTHING IN THE CONTENT SHALL AMEND OR SUPPLEMENT ANY CONTRACT YOU MAY HAVE WITH US FOR ANY PRODUCTS.
SECTION 5 – ACCURACY OF PAYMENT INFO
5.1. You agree to provide current, complete and accurate purchase and account information for PUNINWINE. You agree to promptly update your account and other information, including your email address and account, so that we can complete your transactions and contact you as needed.
5.2. Payment for the PUNINWINE's Goods shall be made by the transfer of an advance payment to the account of the PUNINWINE in the amount of 100% (one hundred percent) of the cost of the Goods specified in your order by one of the payment methods available on Site.
SECTION 6 – PERSONAL INFORMATION
SECTION 7 – CHANGES
7.1. When posting changes to these Terms and Conditions, the last updated date specified at the very beginning of the document will change.
SECTION 8 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, Clients are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose.
SECTION 9 – INDEMNIFICATION AND LIMITATION OF LIABILITY
9.1. You agree to defend, indemnify and hold harmless each of PUNINWINE, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms & Conditions; (b) your access to or use of the Site or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from the Site. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PUNINWINE, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER PUNINWINE HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR USER CONTENT, OR (C) ANY OTHER MATTER RELATING TO THE SITE. You expressly acknowledge that PUNINWINE has entered into these Terms & Conditions, and has and will make the Site and Content available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and PUNINWINE. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
SECTION 10 – SEVERABILITY
10.1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 11 – TERMINATION
11.1. You acknowledge and agree that the PUNINWINE, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Site, for any reason, including where We believe that you have violated any of these Terms & Conditions. You further agree that the PUNINWINE shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of the PUNINWINE in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
SECTION 12 – ENTIRE AGREEMENT
12.1. These Terms and Conditions and any policies or operating rules posted by PUNINWINE on this site or in respect to the Site constitutes the entire agreement and understanding between Client and PUNINWINE and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
12.2. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 13 - GOVERNING LAW
13.1. This website is controlled by CWS COLLECTION OF WINE SAMPLES LTD, a legal entity acting under the current legislation of Cyprus. It can be accessed by most countries around the world. By accessing our web-site https://puninwine.com/, you agree that laws of Cyprus, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this web-site and the purchase of any Goods through this site.
13.2. Furthermore, any action to enforce these Terms and Conditions shall be brought in the Republic of Cyprus.
SECTION 14 – RESPONSIBILITY FOR MINORS
14.1. In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.
SECTION 15 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to PUNINWINE at: [email protected]