Terms & conditions

Terms and conditions of use

Last updated: 24.06.2020

Please read these terms of use carefully before using the services offered by myhappywines.com (hereafter referred to as „Website”). These terms of use set forth the legally binding terms and conditions for your use of  Website. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

The Website is owned and operated by MyHappyWines (hereafter referred to as  “Company”, “Us”, “We”, “MyHappyWines”). Company is based in Germany, and our registered office is at Deroystraße 19 , 80335 Munich, Germany. You can contact Us by any inquiry by a post, an e-mail: hello@myhappywines.com, Instagram account: myhappywines or a contact form that is available on the Webiste.

These general terms and conditions (hereafter referred to as “Terms”) apply between MyHappyWines and users of Website and newsletter subscription services of the company (“Newsletter”). By using Website, you as a user agree with terms and conditions described in these Terms for using our Website as described herein, and as may be amended from time to time by us. All registered users will be notified by an e-mail about any change in Terms. Other users can access current Terms by clicking on a link Terms and Conditions available on the Website. If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

  1. ACCESS LIMITATIONS

    1. You must be at least 18 years of age to use Website and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. . If we receive notice or reasonably believe that someone under the legal drinking age has provided us with personal information, we will promptly delete the account and all personal information that has been provided to us.

    2. Website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.

    3. As an unregistered user, you may browse Website and make purchases in Our shop (“Unregistered user”).

    4. In order to buy any subscription plan (“Plan”), you need to register to our Website (“Registered user”).  As the Registered user who has purchased a plan, you get an access to premium content on the website available in the section in the menu of Website “Wine journey” ( “Premium content”).

    5. The term “User” for the purpose of these Terms means bot the Unregistered user and Registered User. 

    6. In order register, the User must either sign in using a third-party application log-in, e.g. Facebook, e-mail provider (G-mail) or fill out a form and create a profile without a third-party application log-in.

    7. When registering via Website, the User provide US with some personal information, such as email, password, username, name. When registering and signing in via third-party application login (such as Facebook), and the User authorize us to access certain account information from that third-party application, such as basic profile information; name, profile picture, e-mail address (optional), current city (optional). All of this information are hidden and will never be made public. The User can manage the visibility of this information under Profile Settings.

    8. By a registration,  User can see the current and past order. If the Registered User also purchased one of the Plans, he will also get access to the premium content.

    9. By accepting these Terms and all other related terms and agreements with MyHappyWines, especially the Privacy Policy, the User acknowledges that he has read, understood and accepted to be bound by.

    10. We enable to buy wine packages containing wines from various sources in a form of a surprise packages which means that User does not know what specific wines he will get. This is a part of the experience.  For Registered Users who have purchased subscription plans, we additionally add small gifts and access to the premium content created by the Company. We have tested over 150 wines to pick the packages variations to satisfy our customers. However, we are not responsible for the wines themselves as we only distribute them.

    11. Wines that we sell can contain sulfites.​

  2. LICENCE TO USE WEBSITE

    1.  As a User, you may:

    • view pages from Website;

    • make orders and purchases;

    • create an account on the Website;

    • View Premium Content if you have purchased any Plan (stream audio and video files from our website)

    • print pages regarding details of your purchase;

subject to the other provisions of these Terms.

  1. Except as expressly permitted by this Section 3.1 or the other provisions of these Terms, you must not download any material from our website (especially Premium Content) or save any such material to your computer.

  2. You may only use our website for your own personal and business purposes (excluding commercial purposes) and you must not use our website for any other purposes.

  3. Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on our website.

  4. As User, you must not:

  1. republish material from our website (including republication on another website);

  2. sell, rent or sub-license material from our website;

  3. show any material from Premium Content in public;

  4. exploit material from our website for a commercial purpose.

    1. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; if there is a suspicion that User has violated these Terms.

    2. Excluding all user content, you acknowledge that all intellectual property rights, including copyrights, trademarks and trade secrets in the Website and its content are the property of MyHappyWines or Company's suppliers. Neither these Terms nor your access to the Website transfers to you or to any third party any ownership or intellectual property rights, except for the limited access rights expressly set out in this this Section 3 of Terms. We and our suppliers reserve all rights not granted in these Terms.

    3. Company reserves the right to modify, suspend or stop the operation of the Application (in whole or in part) at any time. We can do it with or without notice. You agree that Company will not be liable to you or any third party for any modification, suspension or discontinuation of the Website or any part thereof. All future modifications, updates, additional functionalities or content of the Website are subject to these Terms.

    4. You acknowledge and agree that Company is not obligated to provide you with technical support in connection with the Website. However, if there is a fault in the Website, please report it to us via chat, form on the Website or by an e-mail: hello@myhappywines.com. We will endeavour to repair the fault if possible. If the need arises, we may suspend access to the Website for the duration of the defect removal (regardless of whether it was reported by you or a third party). We will not be liable to you if the Website is unavailable for the time needed to fix or attempt to remove such a fault. Your access to the Website may sometimes be limited to allow repairs or modifications.

 

  1. SUBSCRIPTION PLANS

    1. Subscription automatically renews every month for 12 months. There are three Plans available for a purchase on the Website:

  1. Flexible – this Plan gives a User a chance to cancel every month, till at least 3 days before the monthly payment.

  2. Starter journey – this Plan gives a User a chance to cancel the Plan every 3 months.

  3. 12 month journey – this Plan is for whole 12 months experience and the user cannot cancel this Plan.

           To offer more flexibility and meet our customer needs all plans are paid on a monthly payment basis. This way choosing 3 or 12 months Plan at more attractive price, the payment is still divided into smaller payments instead of one-off purchase

  1. Each of the Plans include a monthly package consisting from 3 different wines, a gift, an access to Premium Content and a delivery (“Package”).

  2. We send the package within 72 h after receiving the monthly payment.

  3. User can cancel the plan by contacting My Happy Wines through the form, chat that are available on the Website or through the e-mail: hello@myhappywines.com.

  4. Plans may be purchased for a someone else as a gift, but it has to be clearly stated while making a purchase or right after. There is no possibility to change the beneficiary of the Plan later in the process.

  5. Plans are not permitted to be purchased for the purpose of resale, rental, or to ship to others for commercial purposes. If such behavior is identified, we may cancel the Plan of such User.

  6. You agree that we may provide notices to you via banners on the service, or an email sent to an address you provided or through other forms of contact. You agree to keep your contact information up to date.

  7. The price for the Plans may vary, but once you purchase a Plan, the price you have purchased it for, will be applicable to your Plan until expiry or cancellation.

  1. ACCEPTABLE USE

    1. As a User, you must not:

  1. use Website in any way or take any action that causes, or may cause, damage to Website or impairment of the performance, availability or accessibility of Website;

  2. use Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

  3. use Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Website without our express written consent;

  5. access or otherwise interact with Website using any robot, spider or other automated means,  except for the purpose of search engine indexing;

  6. use Website to unlawful data collection from Website (of any individuals, companies or other persons or entities;

    1. Failure to comply with above-mentioned 3.1 may resolve in our deactivation of the Registered User account and/or banishment from the Website with a notice or without any notice at the sole discretion of the Company.

    2. You must ensure that all the information you supply to us through our Website, or in relation to our Website is true, accurate, current, complete and non-misleading (especially all data regarding the purchases you have made on the Website and delivery details). We are not responsible for any losses, delivery delays in case User has violated this point 5.3 of Terms.

 

  1. USER CONTENT

    1. "User content" means all information and content that the user sends to the Website (e.g. content in the profile, comments on the blog or comments on other content). Users are solely responsible for User Content. The User assumes all risks associated with the use of User Content in accordance with these Terms (including liability for their accuracy, completeness or suitability, which allows personal identification of the user).

    2. The User confirms and undertakes that the User Content will not violate and will not violate these Terms. You may not represent or suggest to others that User Content is in any way provided, sponsored or supported by MyHappyWines, because only you are responsible for your User Content and you may be liable if your User Content violates these Terms or applicable law.

    3. Company is not obligated to back up any User Content. In addition, User Content may be removed from the Website at any time without prior notice - therefore we recommend storing and backing up elsewhere. Users are solely responsible for creating and maintaining their own backups of User Content if they so desire.

    4. We reserve the right to review User Content and to investigate and / or take appropriate action against you if you violate the Terms or your other actions expose us or other Users to liability. Action will be taken at our sole discretion. Actions that we may take, without limitation, may include: deleting or modifying user content, closing your account on the Website, notifying you to the authorities.

    5. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your User Content in any existing or future media or reproduce, store and, with your specific consent, publish your content on and in relation to this website. You hereby waive all your moral rights in your User Content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

  2. ACCOUNTS

    1. You must not allow any other person to use your account to access the Website.

    2. You must notify us in writing immediately if you become aware of any unauthorised use of your account on the Website. You must not use any other person's account to access the Website, unless you have that person's expressed permission to do so]

    3. You must keep your password for the Registered User account confidential. You must notify us in writing immediately if you become aware of any disclosure of such a password. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

    4. In case of violation of these Terms (especially in case of the violation of the section 1.1 and/or 3.2 of these Terms), we may:

  1. suspend your account;

  2. cancel your account;

  3. ask you to edit your account details;

at any time in our sole discretion without any notice or explanation.

  1. You may cancel your account on our website anytime.

  1. COMMUNICATION

    1. If you sign to our newsletter, you will receive e-mail messages from us up to 3 times a week. The frequency will vary. You can subscribe anytime by following the instructions for unsubscribing that will be provided in the bottom of each newsletter message.

    2. Some e-mails or other form of requirements is necessary for us to fulfill the service if you have purchased something on our Website. Especially, we may contact you to inform you about the status of your order or other relevant information regarding the purchase and its delivery.

  2. LIMITED WARRANTIES

    1. We do not warrant or represent:

(a)       the completeness or accuracy of the information published on our Website;

(b)       that the material on the Website is up to date; or

(c)       that the website or any service on the Website will remain available.

  1. We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

  2. To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.

  1. LIMITATIONS AND EXCLUSIONS OF LIABILITY

    1. Nothing in these Terms will

  1. limit or exclude any liability for fraud or fraudulent misrepresentation;

  2. limit any liabilities in any way that is not permitted under applicable law; or

  3. exclude any liabilities that may not be excluded under applicable law.

    1. The limitations and exclusions of liability set out in this Section 7 and elsewhere in these Terms govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in civil proceedings, except to the extent expressly provided otherwise in these Terms.

    2. To the extent that our Website and the information and services on our website are provided free of charge for Unregistered Users, we will not be liable for any loss or damage of any nature.

    3. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    4. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    5. We will not be liable to you in respect of any loss or corruption of any data, database or software except the situation that such activity caused by the gross negligence of the Company.

    6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    7. We are not liable to you in respect of any losses or damages caused by your violation of these Terms (especially Section 1.1 and 3.2 of these Terms). In these cases, you may be liable to the Company in respect of any losses or damages caused by such a violation.

    8. If in extraordinary cases Company should be liable, such liability is further limited in the following ways:

  1. damages are under any circumstances limited to EUR 100;

  2. the claims must be based on gross negligence or intent of the Company.

  1. BREACHES OF THESE TERMS AND CONDITIONS

    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)       send you one or more formal warnings (including an electronic form);

(b)       temporarily suspend your access to our Website and/ or your account as a Registered User;

(c)       permanently prohibit you from accessing our Website and/or delete your account on the Website;

(d)       block computers using your IP address from accessing our Website;

(e)       commence legal action against you, whether for breach of contract or otherwise for losses and damages resulting from your violation of these Terms and applicable law.

  1. Where we suspend or prohibit or block your access to our Website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.

  1. MISCELLANEOUS

    1. We may revise these Terms from time to time.

    2. The revised Terms shall apply to the use of our website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.

    3. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

    4. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

    5. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

    6. If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

    7. A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party.

    8. These Terms, together with our privacy and cookies policies,  shall constitute the entire agreement between you and the Company in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

  2.        LANGUAGE

    1. Where Company has provided you with a translation of these Terms in other language than English, you agree that the translation is provided for your convenience only and that the English language versions of these Terms, privacy and cookies policy will govern your relationship with Us.

    2. If there is any contradiction between what the English language version of these Terms says and what a translation says, then the English language version shall take precedence.

  3. LAW AND JURISDICTION

    1. These terms and conditions shall be governed by and construed in accordance with German law.

    2. Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the court competent for Company.