The Present Public Offer(further – Agreement) with “WINEMD” SRL, (further WINEMD) is concluded, between WINEMD Users of the resources provided by WINEMD: site www.wine.md and Gustos.Life Product (mobile application and other resources or services Gustos.life).

1. Subject of the Agreement

   1. WINEMD offers its services on the terms, that are the subject of present Agreement.
   2. This Agreement is equivalent to a contract drawn up in writing and signed by both parties - the User and WINEMD.
   3. The conclusion of User agreement means, that the User has acquainted with the conditions of present Agreement, and fully and unconditionally accept them.
   4. The Agreement is considered concluded, from the moment of execution by the User of the one of explicit actions:
      1. Registration on the web-site www.wine.md (further - «Site»);
      2. Reregistration using mobile application Gustos.Life (further - Appliction);
      3. User order registration without authorization on the Site;
      4. Ordering by telephone at the WINEMD Contact Center.
   5. Present Agreement can be modified by WINEMD without any special notification, a new edition of Agreement shall enter into force after 1 day from the moment of its placement if, another is not stipulated in the new edition of the Agreement.

2. Services description

   1. Application, Site and other resources/services used by WINEMD are a unified information system of Orders and offers Users wide opportunities for quick and easy search and Order of wines sold by WINEMD and its Partners.
   2. WINEMD delivers all items, published on the used resourcers/services, as well as receives funds for Orders from Users. WINEMD is responsible for the delivery of goods.
   3. The delivery services of goods from the partners WINEMD are not included in the cost of goods, and paid separately.
   4. In order to use WINEMD services, it is necessary to have computer, tablet, smartphone and access to the Internet (WWW).
   5. The User registers the Order on his own, on the Website or the resoueces/services provided by WINEMD, or by calling the Contact Center.

3. Order registration

   1. The User registers his Order in the system by available products and services.
   2. After personal data introducing: Name/Surname, phone number, e-mail, delivery address, User complete his Order registration by selection of payment method. Conditions and methods of payment are, stipulated in the 4th part of Present Agreement.
   3. In some cases, the operator WINEMD may need to confirm the order. In case when the User do not answer Operator calls or the User phone is not available, the Order is considered unconfirmed and will not be accepted for execution.

4. Terms of payment

   1. The User pays Order and delivery by one of the following methods:
      1. Cash payment upon receipt the Order (only for delivery within mun. Chisinau);
      2. By bank card (only for registered Users), the option is available on order registration. Choosing «pay/complete order» the User will be re-directed to the bank page, where it will be necessary to enter payment details. The amount is indicated automatically – according order details. After successful payment, the User will be re-directed to the page of “thanks”, in case if an error appear in process of payment (the lack of funds in the account, no connection with the bank) the system will display the page and error. Wherein Users’s order remains in the system and User may select payment by cash (in case of delivery within mun. Chisinau) or cancel the order with error and create a new order.
   2. On-line payment by bankcard VISA/MasterCard via the S.A. «MoldovaAgroindbank» payment system in Application or on Website.
   3. On-line payment is available only for registered Users in the authorized website or Application zone.
   4. Choosing on-line payment, after Order registration, the User will be re-directed to the protected payment page S.A. «MoldovaAgroIndBank» ecomm.maib.md, where it will be necessary to enter his credit card details.
      
      1. S.A. «MoldovaAgroindbank» protects and process User credit card details according to the PCI DSS security standard. The transmission of information to the payment gateway occurs with the use of SSL encryption technology. Further information transmission occurs via closed banking networks, which have the highest level of safety.
      2. S.A.«MoldovaAgroindbank» do not transmit «WINE» S.R.L. User card details to the third parties.
      3. For additional cardholder authentication, the 3D Secure protocol is used. If the User Bank supports this technology, User will be re- directed on the bank server for additional identification. User can clarify information about rules and methods of additional identification in the bank that issued the credit card.
      4. After on-line payment procedure completion, the User receive e-check by e-mail specified during his registration at Website.
   5. S.A. «MoldovaAgroIndBank» guarantees security of Internet payments processing. All operations with payment cards occurs in accordance with VISA International, MasterCard and other payment systems requirements. For data transfer special technologies of cards on-line payment security are used, data processing occurs on secure high-tech server of processing company.
   6. If the User is not registered in the system he, can pay Order only by cash to the courier. This provision is valid only for order registration via Call- Center (by phone). Payment by cash is possible only in case of delivery within mun. Chisinau.
   7. WINEMD has a right to refuse User Order registration if previously User Orders were not delivered due to User fault: for example, if the User did not open the door, or did not answer on courier call, or if the User specified non-existent or invalid delivery address etc.

5. Terms and cost of delivery

   1. Cost of delivery:
      1. Within mun. Chisinau: ordering up to 1000 MDL – 45 MDL, from 1000 – is free;
      2. In Moldova, courier service: 75 MDL for one bottle, for each additional in order - 10 MDL;
      3. For delivery outside the Republic of Moldova, delivery fees will be in accordance with the tariffs of the postal company.
   2. The delivery, will be carry out in any place of Moldova via courier-company. The delivery within mun. Chisinau is carried out by Seller courier service. The seller reserves the right to confirm the order contacting the client before delivery. The delivery will be carried out exclusively via courier-company, the cost of delivery are attach.
   3. To determine shipping coordinates the connection with client will be carried out via phone by our company representatives. Product reception will be a confirmation that the goods arrived in good condition. The invoice is attach to the contract of sale between us in accordance with applicable laws.
   4. WINEMD reserves the right to delay or to cancel goods shipping if this cannot be executed for various reasons which not depend on WINEMD, as well as due to fire, explosions, floods, epidemics, strikes, government actions, war, terrorist acts, protests, riots, civil unrest or other force majeure events in accordance with the law.
   5. In case of refusal to deliver products, the maximum amount of loss that can be paid to the client is determined by the amount received from the User.
   6. Terms of delivery:
      1. Delivery within mun. Chisinau should be produced within 24 hours;
      2. Delivery in other regions of Moldova – within 72 hours;
      3. Delivery outside the Moldova may take from 2 till 30 days. The buyers will be notified via e-mail wine.md, about tracking number.
   7. If the Buyer reject the Order after its transmission, he is obliged to return the goods within 14 days and to incure all related expenses (cost of delivery). In this case, the refund will be made within 30 days.
   8. The company for delivery of goods is responsible for any damage to the goods or packaging in accordance with the law requirements. The goods will be changed by the company WINEMD, in case if the client will confirm courier’s fault, and we will be notified in a timely manner.
   9. In the Order is rejected after its transmission in the User’s address direction, the cost of Order and delivery services are paid fully.
   10. The cost of non-ordinary orders of goods or services and the terms of delivery-payment, namely participation in events (such as: promotions, tastings, etc.), in each case for each event is determined separately and is clearly indicated on the site or other resources where VNEMD publishes an specific event.
       For the mentioned events, the conditions of paragraphs. 5.1. 5.6., 5.7. are not valid.

6. Order receiving

   1. The User is obliged to take the Order delivered by Courier Company.
   2. If the User select mode of payment "by cash to courier" the User is obliged to pay by cash the cost of Order and delivery to courier.
   3. The User is obliged to verify Order integrity and completeness in the presence of courier.
   4. WINEMD is not responsible for Order integrity and completeness in case when the User do not verify his Order in presence of courier.

7. Conditions of refund, order cancellation

   1. The order cancellation can be made only by writing notification via gustos@wine.md, at least 24 hours before shipping, or in case if the shipping is made within Moldova – at least 24 hours before delivery.
   2. In the letter-notification about order rejection or refunding must be indicated: the reason for the return of funds, Order number, documents that confirm payment for Order, bank details, passport data: Name, Surname in the state language and IDNO, postal address (necessary with index). The proofs shall be provide (certificates, photos etc.)
   3. If the client rejects his order after mentioned time (24 hours) and the goods will be in the way (sent), the User will be charged with delivery cost and the refund will be made after the goods are returned to WINEMD.
   4. WINEMD is obliged to make refund within 14 days from the moment of notification about necessity or refund.
   5. WINEMD does not guarantee the acceptance of request about order canceling only in case when the mentioned conditions are not executed.
   6. If the buyer goods are delivered within 30 days after sending, money will be refunded in full to the User’s account automatically. The User must take into account the fact that the bank may charge the omission as payment for funds transfer. There are refund only funds paid for products and corresponding delivery.

8. Obligations under registration and sevices WINEMD using

   1. In order to use the service of on-line payment the User should be registered in the system.
   2. In order to use WINEMD services, the User express consent to present truthful, exact and full information about himself, under the registration form questions, to pass the registration procedure on the selected source WINEMD (Site/Application) by completing registration form and expressing consent with Agreement conditions by the point «I accept conditions of Public Offer» confirmation.
   3. If the User presents incorrect information or if the WINEMD has serious reasons to consider that presented information is incorrect, not complete or not exact, WINEMD has the right to suspend or to cancel User registration and to refuse him in the use of its services.
   4. If in WINEMD opinion the User violate any conditions of Present Agreement, WINEMD may suspend, limit or cancel access to services. Cancelling services provision does not limits WINEMD in other rights.

9. Registration, password and security

   1. The User is responsible for his login and password security, as well as for all actions in the Application under his login and password.
   2. The User agrees that he is obliged immediately to inform WINEMD about case of unauthorized (unallowed) access with his login and password and/or any violation of security.

10. Copyright, terms of use of materials placed in resources / services provided by WINEMD

    1. The copyright for the Gustos.Life Product as well its subsystems (for example: mobile application Gustos.Life, or other resource or service developed as part of the Product) is owned by Deeplace S.R.L. The rights of use and disposition, within the established limits and on the terms of the contract concluded between Proportie S.R.L. and "Deeplace" S.R.L., transferred to Proportie S.R.L.
       Proportie S.R.L. provides WINEMD lead generation services through the use of WINEMD Gustos.Life Product as an additional tool / service for collecting and processing User orders.
    2. The Gustos.Life Product and Site WINEMD contains the materials, which are protected by copyright, trademarks, or other materials protected by legislation, including but not limited: texts, photos, graphic image.
    3. The Gustos.life Product content is protected by copyright as product created by collective creative work, in accordance with the Law of the Republic of Moldova on Copyright and Related rights
    4. Gustos.life product owns the copyright to use the content of the Website (including the right for selection, placement, systematization and transformation of data contained on the Site and the Application, as well as initial data), except cases specified in the content of materials published on the website.
    5. The User is obliged to use only for legal purposes the resources offered by WINEMD for Users.
    6. The User agrees that he does not have any rights to send anywhere through the resources/services offered by WINEMD any materials with the following content:
       
       1. Which violate the law, which contain threats and offences, which discredit other persons, which violate human rights for private life of public order, which have character of obscenity;
       2. Which violate in a varying degree honor and dignity, other persons rights and interests protected by the law;
       3. Which contribute or contain incitement of religious, racial or ethnic hatred, which contain attempts to instigate hatred or incitements to violence;
       4. The other materials which contribute other persons to illegal behaviour, which entail criminal, right-civic or other responsibility or which in any mode violate legislative provisions.
    7. The User is obliged not use placed materials which are protected by the Republic of Moldova legislation on intellectual property (including copyright, legislation on trade marks) and other protected by the legislation materials without the express permission of the holder of the rights to the protected material.
    8. The User agrees that services WINEMD and all necessary programs contain confidential information, which is protected by the Republic of Moldova legislation on intellectual property and other international laws. The User agrees not to modify, not to sell, not to distribute this content and programs, fully or partially.

11. Responsibility and confidentiality

    1. WINEMD is not responsible for the quality of the delivered products, but responsibility rests with partners – Wine producers.
    2. The User is responsible for the provision and accuracy of the data required for delivery.
    3. User’s personal data is processed in accordance with the Law of the Republic of Moldova «on personal data protection » №133 from 08.07.2011
    4. Under the processing of personal data is understood any action (operation) or cumulative action, performed with using of means of automatization tools or without use of such means with personal data including collecting, recording, systematization, storage, clarifying (updating, modification), extraction, use, transmission (including third parties, trans-border transmission if the need for it arose in the course of performance of obligations), depersonalization, blocking, elimination, destruction of personal data.
    5. WINEMD guarantees data confidentiality, storage and transmission of data through its computer system. All personal data of the User will be entered safely and will be used only for the following purposes: fulfillment of orders placed on the Site or in the Application, various special offers, promotions, etc.
    6. Any user may refuse to provide personal data in any circumstances and may require its removal from the database. The removal request should be sent by email to gustos@wine.md.
    7. WINEMD is not responsible for possible errors that arise as a result of neglecting the security and confidentiality of the User account and password.
    8. In registration process (on each resource/service offered by WINEMD ), the User presents the following information: Name, e-mail address, phone number, delivery address.
    9. Presenting the personal data, User agrees their processing by WINEMD in order to fulfil WINEMD obligations to the User under present Agreement, to inform Users about services, goods and WINEMD promotions, electronic and sms survey, marketing actions control, customer support, delivery of goods to User, hold prize raffle, User contentment control, as well as WINEMD services quality.
    10. WINEMD has the right to send informational, advertising messages by e-mail and/or phone by User agreement. The User has the right to reject receiving of such information without explaining the reasons of refusal sending a letter- notification via e-mail gustos@wine.md. Services messages, which inform User about Order and processing steps are sending automatically and cannot be rejected by the User.
    11. WINEMD has the right to use the technology «cookies» in offered resources and services. «Cookies» does not contain confidential information, and WINEMD has the right to transfer information about «cookies» to Partners, agents and third parties, which have signed agreements with WINEMD, for the fulfilment of obligations to User and for purposes of statistics and optimization of advertising messages.
    12. WINEMD receives information about the Application/ Site visitor ip-address. Present information, is not used for identification of visitor. WINEMD is not responsible for information, presented by User on the Website or Application in public form.
    13. WINEMD has the right to record any phone conversations with the User. WINEMD is obliged to prevent unauthorized access to the information, obtained during phone conversations, and/or its transmission to the third parties, who are not relate directly to Orders execution.

12. General provisions

    1. Present Agreement, is regulated by the Legislation of the Republic of Moldova.
    2. All possible disputes concerning the Agreement are resolved according to the norms of current legislation of the Republic of Moldova.
    3. Nothing in the Agreement can, be taken as establishment between User and WINEMD agent relations, relationship, partnership, relations for mutual activity, relations of own hire or other relations, which are not stipulated by present Agreement.

13. Requisites and contacts

    «WINEMD» S.R.L.
    Physical adress: mun.Chisinau, str. Puskin 15
    f/c 1017600016145
    BC”Moldindconbank” SA fil. Telecomtrans
    c/d 22517321047 ( MDL, USD, EUR)
    IBAN: MD97ML000000022517321047
    b/c MOLDMD2X332

    If you have any questions about the order or service, please contact us by phone (+373) 60 770301 or by e-mail: gustos@wine.md
    Official website of the service provider: www.wine.md