Terms of service

 Welcome to the The Winest platform located at https://winest.store. The Winest Platform (the “Platform”) is the digital platform, application or webpages managed and operated by The Winest Ltd. (“The Winest” or “us”).  

Please carefully read these Terms of Use (the “Terms”), including the Privacy Policy included herein and check this site for changes that may be made from time to time.  Such changes take effect when they are posted on the Platform. This document sets out the terms for use of the Platform, our products and services.

WARNING: OUR PRODUCTS CONTAIN ALCOHOL – DRINK RESPONSIBLY. EXCESSIVE ALCOHOL CONSUMPTION IS LIFE-THREATENING AND HARMFUL TO YOUR HEALTH!  DO NOT DRINK AND DRIVE OR OPERATE HEAVY EQUIPMENT.         

GENERAL PROVISIONS

“You” or “the User” means any person or entity using the Platform, including for purchasing any item offered on the Platform.

Your use of the Platform confirms that you have read these Terms of Use, that you unconditionally accept its provisions and agree that purchasing products on the Platform is subject to these Terms of Use, and that neither you nor any person acting on your behalf shall have any claim or demand against The Winest, any person acting on its behalf or any of its officers, employees or owners.

If you do not agree to these terms, you may not use the Platform.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us relating to your use of the Platform, and supersede all previous agreements between you and us relating to the Platform.

We may, at any time and at our sole discretion, change, remove or add to any services, content or information displayed on the Platform, alter their location or design, and otherwise decide on any other matter relating to such services, content and information.

ACCESS TO THE PLATFORM

You must be at least 18 years of age to use the Platform.  By using the Platform or agreeing to these terms, you warrant and represent to us that you are at least 18 years of age.

The Platform is for personal and private use only. You may not and may not allow others to copy or use any content on the Platform for any purpose other than private and personal use.

You may not use the Platform to harass, malign, harm or slander any other person in any way. You may not post or publish on the Platform any statement intended or likely to harm, injure or damage the reputation, property or body of anyone, The Winest or any person acting on its behalf.

We reserve the right, at our sole discretion, to restrict your access to the Platform or any of its parts, to  completely block your account, or take any other action for any violation of these Terms of Use or the provisions of any applicable law, any infringement of or harm to the rights and interests of third parties and/or The Winest, suspected threats to public safety, or if required due to The Winest’ legal obligations.

We shall be entitled to suspend or limit the provisions of our services on the Platform for the purpose of maintaining, repairing, upgrading and improving all or some of the services. You shall have no claim and/or suit against The Winest and/or any person acting on our behalf with respect to this matter.

SERVICE AND PRODUCT

We present and offer for sale a variety of the products, including purchase and delivery wines of different types and regions, various alcoholic beverages, and other related products along with optional delivery services (the “Product”), as we will offer through the Platform from time to time, at our sole discretion (the “Service”).

The Service, in whole or in part, are ‘location-based services’, aided by GPS software, for the purpose of determining your location. Please note that some of the services cannot be provided without your consent to use of such software, and therefore, by installing the Platform, you agree to The Winest’ being aided by GPS software in order to determine your location.

The Service provided through the Platform is only rendered within the areas of the state of Israel as determined by The Winest (the “Service Area”), which may change from time to time at our sole discretion, without prior notice.

We are allowed, but not obliged, to provide the Service also outside the distribution areas, by prior arrangement with you. Therefore, even if such an order was received on the Platform, we will not be obligated to deliver it.

The purchase of alcoholic beverages is only allowed if you are over 18 years old, and on the delivery of the product, you shall be required to present an identity card or driving license and/or other official document proving your age. We may refuse to deliver such products to you, if there is any doubt as to you or the person receiving the product being over 18 years old.

From time to time and at our sole discretion we shall determine the manner in which the products are displayed on the Platform. Images of the products, displayed on the Platform are for illustration only, and nothing in such images shall be binding upon The Winest.

PURCHASE

After you have added products to your shopping list, you must enter the personal details requested by the Platform in the online form provided for this purpose during the ordering process.

These details may include your full name, date of birth, delivery method, exact address for delivery, an active email address, contact number, payment method details and any additional details we may require during the purchase, such as information regarding the action that the courier is asked to perform if the recipient is not at home.

You must provide only correct, accurate and complete details, in order to prevent as much as possible a malfunction in the delivery of the products, and to allow contacting you or the recipient. You hereby confirm the correctness of the details you provide.

The purchase is completed by pressing the ‘pay now’ or התשלום לביצוע or any other similar button. We will notify you that the order has been received and will be transferred for the continued handling thereof.

Our Platform services do not constitute an irrevocable offer for the sale of products. The receipt of an order from a User for purchase constitutes only an offer by the User to make such purchase.  The acceptance of such offer shall take place by the actual supply of the products, subject to inventory available on the date of supply, and in accordance with the provisions hereof.

PRICES

All prices on the site appear on the product pages and are quoted in New Israeli Shekels. The prices include VAT, if it applies according to law. The shipping fees will be explicitly stated when placing the order, according to the relevant distribution area.

We may, from time to time and without prior notice, update the prices of the products on the Platform. If the prices of products placed in the shopping list are changed, you will be notified about such change.

We may offer promotions, benefits, discounts and coupons of various types on the Platform. Subject to the provisions of any law concerning promotions, we may without prior notice at any time stop these promotions, benefits and discounts, or stop using the coupons, replace them or change them.

Although we check prices listed on the Platform, sometimes an error may occur as a result of which an incorrect price may be displayed on the Platform. In this case we will contact you after you have placed your order, let you know what the correct price of the product is and allow you to confirm that you are asking to purchase it at the correct price. If you refuse to purchase the product at the correct price or do not respond, - we will not be obliged to provide it to you and in this case, you will not have any claims against The Winest.

PAYMENT

Payments via the Platform shall be made by means of a credit card or by other means provided on the Platform.

After you enter payment details and complete the order procedure, you will be sent a confirmation via e-mail that your order has been received. This confirmation does not oblige us to deliver the Service and it only indicates that we have received your purchase details.

OPERATING HOURS

You may complete, change, or cancel your purchase only during the Platform’s operating hours. Our operating hours are as specified on the Platform.  The Platform may also be closed at any time for maintenance or other reasons.

Operating hours may be updated from time to time at our discretion, without prior notice, and published on the Platform.

SUPPLY

The supply of products from the Platform is only available in the Service Area at the address you provide so long as such supply is not prohibited by law, regulation or technical limitation.

An estimate of the time of delivery of products will be provided to you via the Platform. Nonetheless, delivery times may vary due to factors such as weather, traffic, etc. that are not in our control. Delays in delivery will not be deemed a breach or violation of these Terms of Use, and you will have no claim against us for such delays.

We will make every effort to supply the products you order. However, we only supply products that are available in the inventory of the branch that is making the delivery. We won’t charge you for any product that is not supplied.

The product will be delivered to you or the recipient of the order by the courier subject to the presentation of a legal proving that the recipient is of legal age to purchase alcohol.

If no one is present at the time of delivery at the requested address, the product will be returned to The Winest and we will cancel your order without charging you.

Our failure to meet the estimated supply time for any reason does not release you from your obligation to pay for the product, and no payment for an order shall be refunded in such case.

Upon receipt of a delivered product you must check the delivered product and compare it to your order and to the invoice provided at the time of delivery.  In the event of a discrepancy between your order and the delivered product, you must notify us of the error via the Platform within 24 hours of the time of supply.  Your return of products is subject to our return policy.

RETURN POLICY

Your right to return products or cancel / change your purchase is subject to the provisions of the law, including the provisions of the Consumer Protection Law, 5741-1981, the Sale Law, 5728-1968, and the Payment Services Law, 5779-2019, and/or subject to these Terms.

You can exchange, return or cancel your purchase up to 14 days from the date of your purchase and only if the product is closed and conserved in its original packaging. After returning the product, or canceling the ordered service, you will be credited with the price you paid for the product subject to presenting the original invoice for the order. Returns can only be made at one of our locations, otherwise we will be entitled to charge you the applicable shipping/delivery fee as the case may be.

In the case of returns later than 14 days after the purchase, the full amount will be refunded only for all bottles of strong alcohol (whiskey, vodka, gin, etc.) and only if the product is closed and conserved in its original packaging. However, if the cancellation of the order is not due to a defect in the product or due to a discrepancy between the product and its description on the Platform, we will charge you a 7% commission. In that case we will be entitled to charge you the applicable delivery fees as the case may be.

The refund will always be made under the same conditions under which the transaction was debited, and to the means of payment from which the transaction was made (if paying in installments, the credit will also be in installments, if paying with a gift card, the credit will also be in the gift card etc.…). No monetary credit will be given for products for which monetary consideration has not been paid.

Notwithstanding the foregoing, we may offer you to refund your cash purchase in points credited to your account, where 1 point is equivalent to 1 NIS. You may use such points as provided in The Winest Club Policy.

These provisions do not detract from any right of cancellation or any other right available to consumers in accordance with the provisions of the Consumer Protection Law, 5741-1981, including the cancellation of a remote sales transaction by a consumer who is a person with a disability, a senior citizen or a new immigrant (Oleh Hadash).

For any question on returning product, we are available at hi@winest.store

No credit will be given for products that have not been paid for.

MARKING

The information stated on the products has been provided by the suppliers thereof and they alone are liable for such information. There may be errors and/or inconsistencies in the marking of the products.

Allergens/gluten – you should not rely on the list of ingredients of the product that appear on the Platform. You may rely only upon the description listed on the product itself.

LIABILITY

Some of the information on the products offered for sale on the Platform is provided to us by the manufacturers, producers and/or importers of the products (“Manufacturers”), and we try enter such information onto the Platform in the same format in which it is provided to us. We do not check the reliability, completeness or correctness of such information, or whether or not the ingredients or features of actual products matches the description.  We rely on the Manufacturers’ disclosure and the Manufacturer is solely responsible for the quality of the products offered and sold on the Platform.  We are not liable for any variation, deficiencies, misleading information or errors in information provided by Manufacturer relating to (i) the nature or description of the products, (ii) their suitability for your needs or (iii) the quality of the product.

You confirm that use the Platform is at your own risk. Use of the Platform and its contents is provided to you as is, and you will have no claim, suit or demand against The Winest or any person acting on its behalf, with respect to the features, capabilities and limitations of such use or its suitability to your needs.

We disclaim any liability for damage caused to you, directly or indirectly, by the products supplied from the Platform, or from any defect, spoilage or malfunctioning of such products, unless the claim arises from our gross negligence. In such case, our liability is limited to the amount you paid for the product.

We do not warrant that Platform will be available at all times or that its service will be uninterrupted, timely, secure or error free. Like all computer systems, the Platform is not immune from hacking, unauthorized penetration, malfunction or failures in hardware software, communication lines and systems, at your premises, at our premises or those of any of our suppliers. We disclaim any liability for damages caused by malicious interference by third parties with the operation of the Platform.

Any placing of commercial information or marketing materials on the Platform is solely for informational purposes, and may not be construed as an offer to use, encouragement, endorsement or recommendation of any services or opinion about any service offered on the Platform.

Neither The Winest nor any person acting on its behalf shall be liable to you or any third party for any indirect, secondary, incidental, special or consequential damages or loss (including, without limitation, damages for loss of a database, loss of software, the costs of the supply of a substitute service or interrupted, disrupted or impaired service) resulting from the use of or inability to use the Platform, the purchase of goods or services, the performance of a transaction on the Platform, any unauthorized use of the Platform,, including damage caused as a result of loss of profits, even if the Platform was informed of the possibility of the occurrence of such losses.

You will indemnify and defend The Winest and any person acting on its behalf against any claim, suit, demand and loss, loss of profits, payment, expenses or damage, including legal fees and trial costs, arising from your use of the Platform in violation of these Terms of Use. Use of the Platform is subject to all the laws and regulations applicable in Israel, and not use of the Platform is permitted in any way that violates or is otherwise prohibited by law or regulation.

You may not test the Platform’s sensitivity to penetration, hack any of the Platform’s security or verification means or interfere with or disrupt any systems or network connected to the Platform.  You may not violate the rules, regulations, policies or processes of any such systems or networks, or obtain or attempt to obtain unauthorized access to any of (i) the Platform, (ii) other User’s accounts, or (iii) computer systems and communication networks connected to the Platform.

We cannot guarantee the security and absolute protection of the information input by you into the Platform, and we do not warrant that the Platform or use thereof are immune from unauthorized access to any of such information. The Winest disclaims any liability for any security breach of the Platform by malicious third parties and any damage caused thereby.

INTELLECTUAL PROPERTY

The intellectual property, including any copyrights, trademarks, designs, patents, and other intellectual property rights in the Platform, including the Platform’s design, software, graphic files, texts, images, technologies, processes, content, icons, computer codes and any other material contained therein (the “Platform’s Content”) are the exclusive property of The Winest, its affiliates or third parties licensors.

We retain all our rights and property in the Platform’s content, and nothing herein or in the use of the Platform grants any license or right to any part of the Platform’s content.

Any reference in the Platform to any name, trademark, product or service of any third party appears only as a service to the Platform’s users, and nothing in the Platform constitutes a sales promotion, endorsement or recommendation.

The Platform and its contents are intended only for private use and not for commercial use by anyone other than the Winest. 

GOVERNING LAW

These Terms of Use are governed by the laws of Israel. The exclusive venue for any dispute arising from these Terms of Use and use of the Platform shall be the competent courts and the Tel Aviv-Yafo.