1. Recitals

Welcome to Crurated ("Crurated'', also referred to as the "Platform"), a specialized platform dedicated to the sale of and services related to various products. This section outlines the General Terms and Conditions ("T&Cs") that govern the relationship between Crurated ("we", "us", "our") and you (individually referred to as a "User" or "Member" and collectively referred to as "Users '' or "Members"). Together, Crurated and you are referred to as the "Parties". Before using the Platform, please read this Agreement carefully and confirm your acceptance during the registration process. If you don't agree with these terms, you are not permitted to use our services. We reserve the right to revise these T&Cs at any time, with changes effective from July 1,2023. Changes will take effect upon posting, and your continued use of the Platform signifies your acceptance of any updated T&Cs. As a User, it is your responsibility to review these T&Cs regularly.

2. About Crurated

Crurated (www.crurated.com) is a website operated by Crurated Limited, a private limited company registered under the laws of England & Wales (Company Number: 13176905, VAT Number: GB 376 8329 51). Incorporated under the Companies Act 2006 on February 3, 2021, our registered office is located at 90 Chancery Lane, London (UK), WC2A 1EU. You may contact us via email at hello@crurated.com. We specialize in the online sale of Wine, other alcoholic beverages, and related accessories ("Products"), available either through fixed-price direct sales or through auctions as detailed in these T&Cs. For the purposes of these Terms, we may interchangeably use "Wine," representing our primary offering, and specific product names with the term "Product" to precisely indicate the product in question. The company has introduced a new category within its scope of services, referred to as 'Experiences.' These experiences, each subject to its own specific terms and conditions, may be detailed on the company's website. For further details or inquiries regarding these experiences, members are encouraged to contact our support team to learn more about our experience offerings.

3. Our Services

3.1 Membership

Your Crurated membership will continue until terminated.

To use Crurated you must have internet access and you should provide us with one or more payment methods among which credit cards or bank wire transfers so that you must register to become a member.

Membership fees and all other payments will be paid by the users through credit card or bank transfer.

Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your payment methods, as per this clause.

3.2 Membership plans

We may offer a number of membership plans. Our cost membership plans are set out in point 3.3., stating that Users can choose to upgrade their membership at any point in time. We will bill the prorated amount for the remainder of the cycle, and it will be charged to the User’s credit card on file.

The User can downgrade his plan by submitting a request: Crurated will review and approve the downgrade request. The downgrade can be of one level below his current plan and will follow the order as below reported: from Ambassador to Collector; from Collector to Connoisseur.

It’s not possible to downgrade the plan from Connoisseur to Explorer even in the case the customer never bought with Crurated.

3.3 Membership costs and services

There are 4 (four) different types of batches of Products: Limited, Exclusive, Selected and Crurated, respectively dedicated to the different categories of Users.

Limited: is only available to Ambassador members.

Exclusive: is only available to Ambassador and Collector members.

Selected: is available to Connoisseur, Ambassador and Collector.

Crurated: is available to Connoisseur, Ambassador, Collector and Explorer members.

Crurated decided at its discretion the definition of each category and will independently decide which batches fall under each category.

3.3.1 Explorer

(i) Cost: no monthly fee.

(ii) Benefits:

1. Access to “Crurated” batches for all different sales types.

2. Explorer members are eligible to submit offers for only 1 (one) batch for all the offers on the Platform.

3. In case of tied offers, these members will have 4th priority in terms of allocation in collections.

4. Complimentary storage for all the batches purchased on Crurated in Crurated warehouse. Complimentary storage is limited to 50 (fifty) bottles present in the warehouse at any given time. Only applies to active members.

5. Every bottle will be registered with a unique blockchain certificate upon shipment from the warehouse.

6. No buyer’s premium will be applied on any of the purchases.

7. The purchased Products will be protected and insured against such events as breakage, loss, theft or fire and other adverse events that may occur in Crurated warehouse.

3.3.2 Connoisseur

(i) Cost: Monthly membership fee € 30 (thirty) plus VAT; Annual membership fee: € 300 (three hundred) plus VAT. Membership fees are charged the first day of the month.

(ii) Benefits:

1. Access to ‘’Selected’’ and “Crurated” batches for all different sales types.

2. Connoisseur members are eligible to submit offers for only 1 (one) batch for all the offers on the Platform.

3. In case of tied offers, these members will have 3rd priority in terms of allocation in collections.

4. Complimentary storage for all the batches purchased on Crurated in Crurated warehouse. Complimentary storage is limited to 500 (five hundred) bottles present in the warehouse at any given time. Only applies to active members.

5. Every bottle will be registered with a unique blockchain address upon shipment from the warehouse.

6. No buyer’s premium will be applied on any of the purchases.

7. The purchased Products will be protected and insured against such events as breakage, loss, theft or fire and other adverse events that may occur in Crurated warehouse.

3.3.3 Collector

(i) Cost: Monthly membership fee: € 150 (one hundred and fifty) plus VAT, Annual membership fee: €1500 plus VAT. Membership fees are charged the first day of the month.

(ii) Benefits:

1. Access to “Exclusive”, “Crurated” and ‘’Selected’’ batches for all different sales types.

2. Collector members are eligible to submit offers for more than 1 (one) batch, depending on the availability. The number of offers that the Collector member can put an offer for will be determined by the Owner and will be different for all batches. Allocation of the additional cases will be based on availability.

3. In case of tied offers, these members will have 2nd priority in terms of allocation in collections.

4.Unlimited complimentary storage for all the batches purchased on Crurated in Crurated warehouse. Only applies to active members.

5. Every bottle will be registered with a unique blockchain address upon shipment from the warehouse.

6. No buyer’s premium will be applied on any of the purchases.

7. The purchased Products will be protected and insured against such events as breakage, loss, theft or fire and other adverse events that may occur in Crurated warehouse.

3.3.4. Ambassador

(i) Cost: Monthly membership fee: €500 (five hundred) plus VAT, Annual membership fee: €5000 (five thousand) plus VAT. Membership fees are charged the first day of the month.

(ii) Benefits:

1. Access to “Limited”, “Exclusive”, “Crurated” and ‘’Selected’’ batches for all different sale types.

2. Ambassador members are eligible to submit offers for more than 1 (one) batch, depending on the availability. The number of offers that the Ambassador member can put an offer for will be determined by the Owner and will be different for all batches. Allocation of the additional cases will be based on availability.

3. Ambassador members will have 1st priority in allocation of all batches.

4. In case of tied offers, these members will have 1st priority in terms of allocation in collections.

5. Unlimited complimentary storage for all the batches purchased on Crurated in Crurated warehouse. Only applies to active members.

6. Every bottle will be registered with a unique blockchain address upon shipment from the warehouse.

7. No buyer’s premium will be applied on any of the purchases.

8. The purchased Products will be protected and insured against such events as breakage, loss, theft or fire and other adverse events that may occur in Crurated warehouse.

3.3.4 The owner has the right to determine the allocation of batches to different categories of membership. Users will be able to update their membership plan to be able to bid for batches that are otherwise unavailable. Different subscription types will have the opportunity to submit bids.

3.5 Registration

You must be of a legal drinking age within your country of residence to acquire the status of member of the Crurated community.

To use the services under this section or any part of it, Users must register in a truthful, complete, and correct manner filling all the required data in the relevant registration form.

The Users must also accept the privacy policy that you find clicking on this link: https://crurated.com/privacy-policy and these T&C in full.

Users are responsible for keeping their login credentials strictly confidential.

It remains understood that Owner shall not be deemed liable under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the Users’ access credential.

Once you have registered you should not permit any third party to use or access your account on your behalf or otherwise. You will be liable for all bids made via your account.

After their first purchase, Users will be requested to complete the identity verification process.

3.6 Suspension of Membership

In case a User does not fulfill the outstanding payments, he/she needs to update the payment method within 1 (one) week if the favorite Payment method is Credit Card or 2 (two) weeks if the favorite Payment method is Bank Transfer. If he/she fails to update the payment information, the Owner has the right to suspend the account. In this case the member will not be able to:

- Participate in new auctions

- Ship wines

Even if suspended, the Member will continue to be charged for Membership fees. The account cannot have a negative balance for more than 12 (twelve) months. After 12 (twelve) months of negative balance, Crurated has the right to sell a portion of the wines of the Member in its marketplace for the company to bring the account into zero balance, subject to its standard marketplace fees.

The User will receive monthly notifications about the negative balance of the account and in case the balance is negative for more than 12 (twelve) months it will receive a notification about upcoming sales and results of his/her wines 2 (two) weeks before and 1 (one) week before the date of the sale.

3.7 Cancellation

You can cancel your Crurated membership at any time, and you will continue to have access to the Platform until your billing period ends.

Membership fees are non-refundable, and we do not provide refunds or credits for any partial membership periods.

If You wish to cancel, please go to the “Account” page, and follow the instructions herein for cancellation.

If you cancel your membership, your account will be automatically closed at the end of your current billing period.

To see when your account will close, click “Billing details” on the “Account” page. If you choose to cancel your membership with Crurated, you will have 30 (thirty) days to organize the delivery of your bottles.

If you do not arrange delivery within this time, we will charge you €2/month per bottle (included in your voucher(s)) per year in advance from the expiry of that 30-day period. More info in the Storage clause.

4. Terms and conditions of sale

These terms of sale outline the conditions under which we offer our products on the Platform. We retain the right to exclude specific countries and Users from purchasing certain Products, as long as these exclusions align with the agreements we have made with our suppliers.

We offer six distinct methods of purchase or sale on our platform:

(I) Collections.

(II) Single Lot Auctions.

(III) Fixed Price Offers.

(IV) Private Sales.

(V) Direct Offers.

(VI) Barrels.

Each method operates under different procedures and guidelines, which are detailed in the following sections.

4.1 Collections.

Collections are offers to purchase products, subject to availability and discretionary acceptance by Crurated. They operate within cycles, which determine the duration for which the collection is open for bids. The highest offers from Users win the available cases, with Users being able to place offers on multiple collections and set a spending ceiling per cycle. The platform does not exceed this spending limit.

Winners are determined based on the highest offers and in case of ties, the priority is given based on membership type and submission time. If a User doesn't meet the winning criteria for a certain lot, it won't be allocated to them. An offer submission doesn't guarantee placement of the order; Users will be notified of their winning or losing status within 72 hours after the sale closure.

Winners will be charged the outstanding amount on their credit card and given a week to fulfill the payment. If the User fails to make the payment within the given time, the Platform reserves the right not to allocate the lot to them. Allocation of more than 1 (one) lot for a single member will only happen in case there are lots available after maximizing distribution across all members that submitted offers for a specific lot above the minimum offer (or reserve price).

This is irrespective of the price offered by the member for that specific lot. A User that has a negative balance in their account will not be able to participate in auctions and/or ship his/her Wines until all outstanding balance has been paid.

In addition, and for the avoidance of doubt, Users are expressly prohibited from canceling an order once it has been placed.

This stipulation is crucial to uphold the fluidity and fairness of the transactional process.

4.2 Single Lot Auction

4.2.1 Single lot auctions involve individual Wine, each unique and available only once. Each of these unique Wines, will have one successful bidder, who will be the sole winner.

4.2.2 Users are free to place a maximum bid on the Wine of their choice. However, this bid must exceed the highest current bid at the time of bidding. If a higher bid is placed, the outbid User will be notified and given the opportunity to bid again. There are no restrictions on the number of bids a User can place during an active auction. Even though auctions have a specified expiration date/time, last-minute bidding within the final 30 seconds of the auction can extend this deadline. If a bid is placed within this window, the 30-second countdown is reset until no more bids are received. This format emulates the excitement and competitive spirit of traditional live auctions. At the close of the auction, the winning bidder will be notified via email. The winning amount will be automatically charged to their credit card. They will have a period of 48 hours from the email notification to complete the payment. If payment is not received within this timeframe, the platform reserves the right to withhold the allocation of the lot to the User.

4.2.3 A User with a negative account balance will be ineligible to participate in auctions or to ship any Wines until all outstanding dues are settled.

4.3 Online bidding process for Single Lots

4.3.1 Once you have successfully registered as a User you will be eligible to bid online. During the sale process, Users can bid for a Wine by clicking the bid button in accordance with point 3 above. Each bid shall be final and bidding as soon as you click the bid button. The current bid will be displayed on your screen during the sale.

4.3.2. The User expressly acknowledges that he/she is bidding in a live auction and, therefore, irrevocably agrees that any bid submitted, pursuant to these T&C, shall be deemed irrevocable so that it cannot be amended or modified, even if accidentally submitted and notified in the context of the auction. As such, the User assumes full responsibility for all bids submitted through his online bidding account.

4.3.3 All bids submitted through the Platform are considered final and binding upon submission. By placing a bid, Users acknowledge and accept that they are making a committed offer to purchase the specified lot at their bid price, and that this commitment cannot be withdrawn or cancelled once the bid has been submitted. As such, Users are advised to exercise due diligence and careful consideration when placing bids. All bids are immediately executed upon submission.

4.3.4 While bid amounts can be displayed in a currency other than the primary currency of the auction, the selected currency will be considered the binding currency for the bid. This selected currency will be clearly indicated in brackets on the Platform once the User has made a selection. The inclusion of these amounts in various currencies aims to provide full awareness to the User regarding the potential bid amounts. These alternative currency values are calculated using recent and official exchange rates. However, for clarity and to avoid any potential misunderstanding, the bid and final payment, following the successful auction, will be executed in the selected currency. This ensures that the User is not exposed to potential increases in cost due to fluctuations in currency exchange rates.

4.4 Private Sales

Crurated may offer a specific number of lots exclusively to select Users through our Private Sales service. These selected Users will be able to view and participate in the Private Sales dedicated to them within the dedicated section on the Platform, along with the specific closing time for each Private Sale.

In order to participate in a Private Sale, Users must submit a bid that meets or exceeds the minimum offer displayed on the platform. Private Sales may operate under a sealed-offer format, whereby the highest number of bids within a certain range (x) are considered winning offers. The number of successful bidders will depend on the total number of cases available for each particular Private Sale.

4.5 Direct Offers

4.5.1 In coordination with producers, Crurated will make available a specified number of Wines at a predetermined fixed price. Users have the ability to view the number of available Wines at any time. These offers operate on a "first come, first served" basis. Once all Wines are purchased, the status for Users will show as "Sold Out".

4.6 Barrels

Barrels, subject to availability and Crurated's discretionary acceptance, operate in specified cycles indicative of their active bidding period. Users place bids, which must be equal to or higher than the minimum listed on the Platform.

Employing a sealed-offer format, the top "x" number of bids will be selected as winners. Users bid on the available minimum format multiples, with the total number of winners determined by the volume of liters available.

Should a User's bid not meet the winning criteria for a particular lot, they will not be allocated that lot. Each bid represents an offer to purchase the products, contingent on Crurated's acceptance.

4.6.1 Winning Criteria

The available liters (x) will be allocated to the highest offers (x) submitted by eligible Users . In cases of tied offers from more than one User, Crurated will prioritize based on:

a) The higher membership type, and

b) If the Users have the same membership type, the submission time will be considered.

4.6.2 Offer Submission and Order Placement

Submitting an offer does not equate to order placement. Members will receive an email notification within 72 hours after the sale closure, informing them about their bid status (winning or losing). Winning members will be automatically charged the outstanding amount on their credit card.

A one-week period, commencing from the email notification, will be provided for the User to complete the payment. If payment is not made within this time, Crurated reserves the right to withhold the lot allocation.

4.6.3 Conversion of Won Liters to Bottle

Users can select the bottle format during the specified time window on the Platform to convert won liters into bottles. If a User fails to choose a bottle format, the won liters will automatically be converted and bottled in the minimum available format.

4.6.4 Account Balance

A User with a negative account balance will be ineligible to participate in auctions or ship Wines until all outstanding balances are cleared.

4.6.5 Wine Descriptions

All Wines under these T&C have the following features until the Agreement expires:

(I) Wine details and individual bottle information within the Wine are exclusively visible to Users on the Platform. Displayed information includes the producer's name, cuvee name, classifications, appellation, vintage, bottle conditions, and the number of specific bottles.

(II) Crurated reserves the right to create combinations of bottles for each lot at their discretion.

4.7 Crurated Estimated Market Price

The estimated market price is Crurated's subjective evaluation and serves as a guide for Users . It draws from a variety of sources and accounts for the condition and rarity of the bottles. However, this is purely an estimate, and we advise Users to undertake independent investigation of market prices before placing any order.

4.8 Order completion

If lots are awarded, the following sections will become visible to the Users:

(I)"Outstanding payments": This is shown if the payment hasn't been fulfilled yet.

(II)"My Cellar": Once the payment is completed, Users will be able to view their products under this section.

4.9 Vouchers & Ownership/Title Title

4.9.1 When Users purchase Wine through the Platform, they are actually buying a voucher for that Wine, which they can redeem at a later time, rather than buying the Wine outright. To collect the Wine or arrange for delivery, Users need to redeem their voucher through the Platform and pay the applicable fees (as outlined in clauses 4.9 and 7).

4.9.2 There may be a significant time period between the awarding of the lot, placing the order, and issuance of the voucher and the actual delivery of the products. In such cases, Crurated will handle the storage of the products. The goods will remain the property of Crurated and won't be shipped until all due invoices or costs have been fully paid by the Users . If a User wins an auction (as per points 4.3.1, 4.4.1, and 4.6.1) or purchases through Fixed Price Sale, Private Sale, and Direct Sale (as per points 4.5.1, 4.6.5, and 4.6.6), the Collection will be reserved for that User in our database, and it will be visible to such Users on the Platform. Even when the date or place of delivery for the Products are unknown, Crurated will issue vouchers and a receipt.

4.9.3 To redeem vouchers, or to receive the ownership of Products, Users must ensure that all due fees and other payments are up-to-date. Provided all payments are up-to-date, the title to products transfers to Users as outlined in these Terms.

5. Payment methods

5.1 Users must ensure that all payments, including allocated Products, membership fees, relevant taxes, duties, delivery charges, and processing fee costs, are settled via approved payment methods, and it is the User's responsibility to maintain current and accurate payment information on their account.

5.2 Payments must be completed within seven (7) business days following a successful purchase for credit card payments and within fourteen (14) business days for bank transfer payments. Failure to meet this deadline gives Crurated the right to withhold the allocation of the lot to the Member and may lead to account suspension.

5.3 Be aware that certain payment methods may be subject to additional fees imposed by the issuing entity, such as foreign transaction fees or processing charges or other local tax or VAT charges. Crurated bears no responsibility for such costs and/or charges.

5.4 Users may request bank transfers as a payment method, subject to approval and activation by Crurated. This request can be made via the “My Account” section. If a User has outstanding membership fees, the bank transfer payment option will be unavailable until all outstanding fees are settled. Upon settlement, the bank transfer option may be reactivated, subject to Crurated's approval and agreeable terms on a case-by-case basis.

6. Packaging and delivery guidelines

6.1 Packaging

6.1.1. Inspection and Labeling: Crurated conducts a meticulous inspection of each Wine bottle and its packaging, including opening of the Original Wooden Cases (“OWC”). A Crurated label with a unique serial number enabling NFT technology is affixed to each Wine bottle sold.

6.1.2 Wooden Cases Packaging: OWCs may suffer breakage during inspection due to their structure. Although utmost care is taken, Crurated does not guarantee against such breakage. OWCs are reconditioned when possible, and are not retained if the lot contains fewer Wine bottles than the case. Any loss or breakage resulting from a shipment arranged by Crurated should be reported in writing within three (3) days of the delivery. This process should involve the examination of the property in the presence of the carrier upon arrival. Please refer to clauses 6.2, 6.3 and 6.5 for more information on delivery guidelines.

6.1.3 In the interest of safeguarding the Wines' condition during transit, our packaging process may involve repacking the Wines in protective containers. Please be aware that the original wooden cases, while carefully preserved during the inspection, are not automatically included with the Wines as part of the packaging. Their inclusion depends on factors such as the shipping regulations and the specific nature of the shipment.

6.2 Delivery Process

6.2.1 Crurated provides delivery options for physical items, clarified on our Platform during the order process. For non-Wine products such as accessories, the delivery details and charges are indicated as you place your order. To arrange Wine product delivery, redeem a voucher (which automatically triggers on delivery request), furnish necessary shipping details, and settle all relevant charges as stated on the Platform. Risk of loss or damage and ownership (once full payment is received) of items transferred to you on delivery or the date of first attempted delivery by us, whichever occurs first. We strive to deliver Products within the estimated timelines, but unforeseen factors can sometimes cause delays. In these instances, Crurated is not liable for any delay or failure to deliver within the estimated timelines.

6.2.2 Product Shipment and Delivery: Products are not automatically dispatched for delivery. Once we've received payment, you can arrange delivery when the status of the Wine in 'My Cellar' changes to 'In Our Warehouse'. Please note that it can take time for some Wines to arrive at our warehouse. Crurated is not responsible for any delays beyond our control, such as shipping disruptions, supplier inconsistencies, or other external factors that could affect our estimated timelines. Remember, these dates are estimations and might change at any time. Consequently, any modifications to these dates fall outside the purview of Crurated's control.

6.2.3 Crurated prioritizes the safety of all Products, including Wine, and adheres strictly to shipping regulations, which may require us to repack items in protective containers for optimal protection. For orders under sixty (60) bottles or with a total Wine value of less than €7,500, we typically provide quotes for expedited delivery services, such as DHL, UPS, or equivalent carriers. Larger orders are usually shipped via freight service, often referred to as a 'pallet' shipment, which essentially means transportation by truck

For any special delivery requests, such as delivery to a bonded warehouse, specific time- slots, narrow access roads, or historic town centers, we ask that you please make these known before initiating the shipment request process by emailing us at hello@crurated.com. These special requests may require alternative arrangements or additional costs.

6.2.3.1 Shipping Large Bottles: For Wine bottles larger than three liters (3L), expedited delivery services may not be suitable due to safety considerations. In these cases, our Customer Support logistics team will directly contact Users to arrange the most appropriate and secure shipping method.

6.2.4 Warehouse Pickup: Users self-collecting at the warehouse must contact the Crurated Logistics Team on hello@crurated.com to initiate the packaging process, allowing a minimum of three working days post-payment. Such pickups are subject to French VAT.

6.2.5 OWCs and special packaging are not automatically included in the delivery. OWCs can be shipped separately or included in pallet shipments, subject to suitability. For self-collecting Users , available OWCs will be provided. However, due to specific regulations in some countries, OWCs might not be included. Please note that the handling and delivery of OWCs fall under the same conditions and potential risks as noted in clause 6.1.

6.3 Delivery Protocols

6.3.1 Crurated maintains a bonded warehouse in Burgundy, France, where Wines are stored. Delivery charges are variable and depend on several factors including the destination, the quantity of the order, and any additional transportation services required. If specific transportation services are necessary, it is the responsibility of the customer to inform Crurated's Team in advance. All of these elements combined determine the final delivery charges.

6.3.2 Crurated supports shipments to various EU countries and select international destinations at competitive rates (subject to clause 6.3) . Upon arrival of the Wine at our warehouse, the User may request a shipment and a quote for shipping costs will be provided. Note that for some destinations, customs duties and taxes may be applicable and payable by the User upon the arrival of goods in the country. As per article 6.3.1, 6.3.2, and 6.3.3, Crurated does not take responsibility for accurately estimating these charges nor paying them on the User's behalf.

6.3.3 Crurated will make reasonable efforts to protect Wines against severe weather conditions that could cause shipment delays during periods of extreme high or low temperatures. In instances of extreme weather, Crurated will request the customer's signature on a 'Temperature Waiver.' This document specifies that any transport-related damages caused by temperature fluctuations will not be covered by Crurated's insurance.

6.3.4 All Wines are insured against loss, damage, fire, or other mishaps during transit to the User’s designated destination by Crurated. Any loss or breakage should be reported in writing within three (3) days of delivery.

6.4 User-Managed Deliveries

6.4.1 For Users whose desired shipping destinations are not currently supported by Crurated, we offer free unlimited storage in our Burgundy warehouse. Users may choose to organize their own shipping arrangement in such cases, working with us to devise a custom solution.

6.4.2 If a User decides to manage the delivery of the product independently and at their own expense, Crurated retains the right to impose additional handling fees to prepare the order for transportation. This includes packaging, preparing accompanying documents, and other related tasks. The mode of delivery will be defined as either Ex-Works (EXW) or Free Carrier (FCA) as per the Incoterms' latest edition. It's worth noting that these International Commercial Terms, as published by the International Chamber of Commerce (ICC), determine contractual terms used in national and international sales contracts. Specifically, in EXW, the User assumes all transportation risks, while in FCA, risk transfers when goods are made available to the carrier chosen by the User. These delivery methods do not fall under the insurance coverage detailed in 6.2.1.

6.4.3 If the delivery address lies outside the European Union, the User must provide Crurated with the cleared eAD and export declaration or an equivalent proof of export, compliant with French customs regulations for the Products transported.

6.4.4 Please note that all shipments require an adult signature upon delivery.

6.5 User Responsibilities

6.5.1 Legal Compliance: Users are advised to understand the various restrictions in their respective jurisdictions on the quantity of alcoholic beverages that can be purchased and shipped from other jurisdictions. Users are obligated to ensure they comply with these regulations, including any necessary permits or licenses. Before purchasing, Users are required to research and comprehend the restrictions, prohibitions, and requirements of the laws and regulations applicable in their country pertaining to the shipment and delivery of alcoholic beverages.

6.5.2 Legal Disclaimer: Crurated does not provide any guarantee or representation pertaining to the legality or legitimacy of shipping alcoholic beverages across jurisdictions. It is the User's responsibility to verify this before making a purchase.

6.5.3 Insurance Limitations: Users should be fully aware that the Crurated insurance coverage (refer to point 6.2.1) does not include losses due to confiscation or other restrictive measures issued by any national or local governmental authority, arising from alleged violations of applicable laws by the purchasers.

6.5.4 Delivery Acceptance and Verification: Users are required to be personally present to accept delivery, unless they have an authorized representative who can accept it on their behalf. Any appointed representative must have adequate authorization proof, be of legal drinking age in the shipment destination country, and must be able to sign all delivery related documents. Upon delivery, Users should verify the contents of the order and note any discrepancies in the delivery form to preserve their rights for potential claims or returns.

6.5.5 Consequences of Non-delivery: Crurated accepts no liability for non-delivery or damage to the purchased products if the non-delivery results from the User's negligence in providing accurate delivery data (e.g., phone number, shipping address, etc.). In such cases, Crurated reserves the right to retrieve the non-delivered goods at its own discretion but at the User's expense.

6.6 Spirits Offering and Complimentary Storage Terms

6.6.1 Introduction of Spirits: Crurated has added a selection of fine spirits (“Spirits”) to our product offerings.

6.6.2 Shipping Limitations: While we strive to deliver our full range of products, including Spirits, to a wide array of destinations, there may be specific markets where shipping constraints such as regulatory restrictions, logistical challenges, or other market-specific limitations, prevent us from delivering these items directly to you. For complimentary storage options regarding Spirits, please refer to clause 7.4 for detailed information

7. Storage

7.1 Crurated provides its Ambassador and Collector tier members with unlimited storage at no extra cost while their memberships remain active. For Connoisseur tier members, storage is complimentary for up to 500 bottles; any bottles exceeding this limit incur a storage fee of €2 per bottle per month in advance. Explorer tier members are allowed storage of up to 50 bottles at no charge, with each additional bottle costing €2 per month, also billed monthly in advance.

7.2 If a User decides to cancel their registration with the Crurated platform, they are obligated to arrange delivery of their stored Wines within 30 days from the date of cancellation. Failure to adhere to this deadline will result in the application of a storage fee of €2 per bottle per month, payable in advance.

7.3 Complimentary Storage Solution: Recognizing these shipping limitations of Spirits offering, Crurated provides a complementary storage service for customers affected by these constraints. This service allows customers in markets where direct shipping of spirits is not feasible to store their purchased spirits at no additional cost.

8. Sales and other taxes

8.1 Users shall be accountable for any tax, tariff, or additional charges that may be imposed by the customs authorities of each destination country. If required by law, Crurated will charge or remit any such costs associated with the sale, which cannot be predetermined. All displayed prices for Users /members are deemed exclusive of any sales tax, including United Kingdom Value Added Tax (VAT), or any other applicable tax of a similar nature. The User/member shall pay these taxes at the prevailing rate, if applicable. VAT or sales tax, as applicable, will be charged on the total amount invoiced to the User when the product is dispatched from the warehouse for delivery. This total amount is comprised of the price of the Wine, the processing fee, and the delivery charges.

8.2 Users asserting exemption from sales, use, or other taxes must furnish Crurated with supporting documents. The adequacy of these documents for exemption purposes will be determined by Crurated's sole discretion and judgment, prior to the release of property to the member.

9. Duties and liabilities

9.1 While Crurated endeavors to ensure continuous, uninterrupted access to the Platform, it cannot guarantee that the Platform will always be available or free of faults, defects, or interruptions. Crurated will not be liable for any delay, fault, or interruption in the Platform due to: force majeure or accident; power supply interruption; lack of connection; software errors; hardware failure; database problems; errors not attributable to wilful misconduct or negligence on the part of Crurated, or any third-party actions, including those of Crurated's suppliers.

9.2 Nothing in these T&C seeks to exclude or limit liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not be limited or excluded under applicable law.

9.3 While Crurated strives to maintain the integrity of its site and Platform, it does not warrant that the site will always be error-free, that defects will be corrected in a timely manner, or that the site or the server that hosts it is free of viruses or other harmful elements. Crurated does not guarantee that the site or Platform will always function without disruptions, delays, or imperfections. Crurated will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the site.

9.4 Except as expressly provided in these T&C, all other warranties, terms, and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law, subject always to your statutory and common law consumer rights.

9.5 Under no circumstances will Crurated be liable for:

- economic losses (including, without limitation, loss of revenues, data, profits, contracts, business, or anticipated savings); or

- loss of goodwill or reputation; or

- special, indirect, consequential, incidental, or punitive damages, arising out of or in connection with these T&C or your use of the Platform, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, except where such exclusions are prohibited by law.

10. Right to cancel for UK users

10.1 The provisions under these Terms & Conditions apply exclusively to UK Users making purchases as consumers.

10.2 In case of cancellation of a purchase, you, as the User, have the right to a refund of all payments made, including administrative and processing fees. However, these processing fees may be non-refundable in certain instances where Crurated has already undertaken administrative tasks relating to your purchase. This could include instances where a purchase process has been initiated, or where we have already incurred costs on your behalf. We will provide specific details of any non-refundable fees at the time of purchase.

10.3 If a purchase cancellation is initiated, Crurated shall reimburse all payments received from the User, excluding non-refundable processing fees and any applicable VAT, along with the delivery costs (excluding any additional costs resulting from your choice of a delivery method other than the least expensive type of standard delivery offered by us). You will bear the direct cost of returning the Products.

10.4 Crurated will process the refund without undue delay, and no later than 14 days after receiving the returned goods or proof of their return, whichever is earlier. The refund will be made via the same payment method used for the initial transaction.

10.5 Crurated reserves the right to deduct from the refund any loss in value of the Products if the loss is the result of unnecessary handling by you. Please note, this right of cancellation does not apply to bottles of Wine which have been opened.

10.6 If you have the Products in your possession, you are obliged to take reasonable care of them. You are expected to send the Products back to our contact address at your own expense (unless we delivered the item to you by mistake or the items are damaged or defective) as soon as possible once you have canceled the contract.

10.7 Crurated reserves the right to charge a fee not exceeding our direct costs of recovering the Products if you fail to return them at your own expense.

10.8 Please note, the right to cancel a purchase does not apply for:

a) The supply of Products, the price of which is dependent on fluctuations in the financial market that are beyond our control.

b) The supply of Products made to your specifications or clearly personalized or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

In any case, to exercise the right to cancel a purchase, you should inform Crurated of such a decision by a clear written statement to our email contact: hello@crurated.com no later than the end of the 14-day cancellation period. You also have the right to cancel any bid prior to its acceptance by Crurated (i.e. before the end of the auction).

11. Credit Policy

Crurated has implemented a new Credit Policy. This policy is designed to manage credit risks and involves close monitoring of overdue receivables, issuing monthly statements to customers with overdue accounts, and implementing stringent risk management procedures. Our goal is to safeguard the financial interests of both our customers and Crurated.

Please be advised of the following specific details of the newly implemented Credit Policy, effective January 1, 2024:

  1. Interest on Outstanding Balances: All outstanding balances over three (3) months will incur an interest charge. This charge will be calculated at the rate of LIBOR+3% on each overdue invoice, applicable from the invoice date until the date of payment.
  2. Issuance and Payment of Interest Invoices: Interest invoices will be issued on the date the payment is received for overdue invoices. It is mandatory to settle these interest invoices within 30 days of issuance. Failure to clear the interest invoice may result in the suspension of future shipments, and the customer may become ineligible for further credit. Failure to settle outstanding invoices for over six (6) months will result in immediate suspension of shipments.
  3. Grace Period for Existing Overdue Balances: To facilitate a smooth transition to this policy, customers will have a two (2) month grace period (November 2023 and December 2023) to settle all existing overdue balances. Post the implementation date of January 1, 2024, interest will be charged on all invoices that are overdue by more than ninety (90) days. This interest charge will be applied retrospectively.

In the event of invoices remaining unpaid for a period exceeding one (1) year, Crurated will initiate a notification process to the customer prior to reaching the one-year threshold. Formal reminders will be sent via email at intervals of three (3) months and then two (2) months before the one-year mark, as a notification of the outstanding balance to be settled. Should these reminders fail to prompt a customer’s settlement of the outstanding invoices upon reaching one (1) year, Crurated unequivocally reserves the right, as stipulated in its terms and conditions, to acquire possession and ownership of the respective stock of the customer and engage in its subsequent sale.

By continuing to use Crurated’s platform and services, all registered and future customers agree to adhere to the terms of this Credit Policy, as outlined in our updated Terms & Conditions. It is crucial that our customers familiarize themselves with these changes, as they are binding and affect the use of all our services. For a detailed overview of the Credit Policy and its implications, please refer to the policy here. Your continued use of our services signifies your acceptance and compliance with these updated terms.

Should you have any questions or require further clarification regarding this policy, please do not hesitate to contact our Customer Service team

11.2 Copyright infringement policy

11.2.1 Crurated observes the rights of all copyright holders and has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and registered account holders who infringe the rights of copyright holders.

12. Intellectual Property rights

You acknowledge that the services contain a variety of components such as information, text, software, photographs, music, audio and video clips, graphics, and links, which are protected by copyright, trademark, or other proprietary rights or intellectual property rights of Crurated or third parties.All such components collectively referred to as “Content” are owned by or licensed to us. You agree that all intellectual property rights, including but not limited to copyright and trademarks, in all materials and/or Content made available to you as part of your use of this site shall remain at all times vested in us or our licensors.

Crurated maintains copyright in the selection, coordination, arrangement, and enhancement of the Content, as well as the content original to Crurated under applicable copyright law. As a User, you are authorized to use this material only as expressly permitted by us or our licensors.

Any other use of the Content is strictly prohibited. You hereby agree not to engage, or assist or facilitate any third party in engaging, in actions such as copying, reproducing, transmitting, publishing, displaying, distributing, commercially exploiting or creating derivative works of such Content. Please note that Crurated does not grant permission to Users of its services to reproduce images of original works of art.

Crurated maintains copyright in the selection, coordination, arrangement, and enhancement of the Content, as well as the content original to Crurated under applicable copyright law. As a User, you are authorized to use this material only as expressly permitted by us or our licensors. Crurated respects the rights of all copyright holders.

13. Communications

All communications directed to us must be sent to the contact information provided on this website. We reserve the right to issue communications to you at either the electronic mail or physical mailing address you furnish to us during the process of making a purchase. A communication will be deemed received and appropriately served 24 hours subsequent to the transmission of an email, or three days following the date of dispatch of any physical letter. To validate the service of any communication, it will suffice to demonstrate, in the context of a physical letter, that the letter was correctly addressed, stamped, and deposited in the mail. In the context of an email, it will suffice to demonstrate that the email was dispatched to the specified electronic mail address of the recipient.

14. Governing Law

These T&Cs shall be governed by and construed in accordance with the laws of England, and the English language shall be the authoritative and controlling language for all purposes related to these T&C. Any contract for the purchase of Products, goods and/or services from this Platform shall be subject to English law. In the event of any dispute or claim arising out of or in connection with such a contract, the parties agree to submit to the exclusive jurisdiction of the courts of England.

15. Force Majeure

Crurated shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these T&C if the same is wholly or partly caused, directly or indirectly, by circumstances beyond its reasonable control.

16. External links

To provide increased value to our Users , we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that as you have chosen to enter the linked website, we are not responsible for the availability of such external sites or resources. We do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources, or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

17. Assignment and Subcontracting

You may not assign or subcontract any of your rights or obligations under these T&C or any related order for Products to any third party unless agreed upon in writing by Crurated. Crurated, in turn, reserves the right to transfer, assign, novate or subcontract the benefit of the whole or part of any of its rights or obligations under these T&C or any related contract to any third party.

18. Severability

If any portion of these T&C is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these T&C shall not be affected.

19. Third party rights

These T&Cs do not extend any rights or benefits to any individual or entity not a party to these T&C, with the following exceptions:

a) A person who is a legally recognized successor or assignee may enforce the rights or benefits provided by these T&C.

b) Changes or termination of these T&C by the parties involved do not require consent from any third party, even if such changes affect rights or benefits previously extended to those third parties.

20. Waiver

No delay or failure by Crurated to exercise any powers, rights or remedies under these T&C will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Crurated.

21. Entire Agreement

These T&C, including the documents or other sources referred to in these T&C, supersede all prior representations, understandings, and agreements between you and Crurated relating to the use of this site (including the order of Products) and sets forth the entire Agreement and understanding between you and Crurated for your use of this site.