Allgemeine Geschäftsbedingungen

Part A — General Terms (Applicable to All Users)

Article 1 — Definitions

For the purposes of these Terms, the following definitions apply:

“Degusto”

means Degusto S.à r.l., the operator of the Degusto Pro platform.

“Platform”

means the Degusto Pro digital marketplace and backend management tool, accessible via the Degusto website and any associated applications.

“End Consumer” or “Buyer”

means any individual or entity that purchases wine products through the Platform.

“Winemaker”

means any wine producer or supplier that has entered into a separate Service Agreement with Degusto and uses the Winemaker Backend to manage their presence on the Platform.

“Products”

means wine and related alcoholic beverage products listed for sale on the Platform.

“Winemaker Backend”

means the password-protected dashboard accessible to Winemakers for the management of orders, inventory, deliveries, and account settings.

“Account”

means the registered user account created on the Platform by an End Consumer or a Winemaker.

“Order”

means a purchase transaction initiated by an End Consumer through the Platform.

“GDPR”

means Regulation (EU) 2016/679 of the European Parliament and of the Council.

Article 2 — Operator Information and Platform Role

The Platform is operated by Degusto S.à r.l., a société à responsabilité limitée incorporated under the laws of the Grand Duchy of Luxembourg. Degusto operates as an intermediary marketplace that enables End Consumers to purchase wine products from Winemakers. Degusto is not the seller of the Products; the contractual relationship for each sale is between the End Consumer and the relevant Winemaker. Degusto facilitates the transaction, payment processing, and related logistics on behalf of the Winemaker.

Article 3 — Platform Access and Registration

3.1 Use of certain features of the Platform, including placing orders or accessing the Winemaker Backend, requires the creation of an Account.

3.2 By registering an Account, you represent that all information you provide is accurate, current, and complete, and that you will keep it up to date.

3.3 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify Degusto immediately at [email protected] if you suspect any unauthorised access to your Account.

3.4 Degusto reserves the right to suspend or terminate any Account that is found to have provided false information, that is used in violation of these Terms, or for any other reason at Degusto's reasonable discretion.

Article 4 — Intellectual Property

4.1 All content on the Platform, including but not limited to the Degusto Pro brand, logo, website design, software, photographs produced by Degusto, text, graphics, and data compilations, is the exclusive property of Degusto and is protected by applicable intellectual property laws.

4.2 Users are granted a limited, non-exclusive, non-transferable licence to access and use the Platform for its intended purposes only. No rights are transferred to the user beyond this licence.

4.3 Users must not copy, reproduce, modify, distribute, or create derivative works from any Platform content without the prior written consent of Degusto.

Article 5 — Prohibited Conduct

Users of the Platform must not:

• Use the Platform in any way that violates applicable laws or regulations, including Luxembourg and EU legislation governing the sale and advertising of alcohol;
• Attempt to gain unauthorised access to any part of the Platform or to another user's Account;
• Use the Platform to transmit unsolicited communications, spam, or harmful content;
• Engage in any conduct that disrupts, damages, or impairs the operation of the Platform;
• Attempt to reverse-engineer, decompile, or extract source code from the Platform;
• Use automated tools, bots, or scripts to interact with the Platform without Degusto's express written consent.

Article 6 — Limitation of Liability

6.1 Degusto provides the Platform on an “as is” and “as available” basis. Degusto does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.

6.2 To the maximum extent permitted by applicable law, Degusto's liability to any user shall not exceed the total fees paid by that user to Degusto in the three (3) months preceding the event giving rise to the claim.

6.3 Degusto shall not be liable for indirect, consequential, incidental, or punitive damages, including loss of profit or data, arising from use of the Platform.

6.4 Nothing in these Terms limits Degusto's liability for fraud, death, personal injury caused by negligence, or any other liability that cannot be excluded by law.

Article 7 — Modifications to the Platform and Terms

7.1 Degusto reserves the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice.

7.2 Degusto may update these Terms at any time. Material changes will be notified to registered users by email or via a notice on the Platform at least thirty (30) days before they take effect. Continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms.

Article 8 — Data Protection

8.1 Degusto processes personal data in accordance with its Privacy Policy, available on the Platform, and in compliance with the GDPR and the Luxembourg law of 1 August 2018 on the protection of personal data.

8.2 By using the Platform, you acknowledge and consent to the processing of your personal data as described in the Privacy Policy.

Article 9 — Governing Law and Disputes

9.1 These Terms are governed by the laws of the Grand Duchy of Luxembourg.

9.2 Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the Tribunal d'Arrondissement de Luxembourg.

9.3 If you are an End Consumer resident in another EU Member State, you may also have the right to bring proceedings before the courts of your country of residence.

Article 10 — Contact

For any questions regarding these Terms, please contact: [email protected]

Part B — Additional Terms (Applicable to Winemakers)

Article 10 — Access to the Winemaker Backend

10.1 Access to the Winemaker Backend is granted exclusively to Winemakers who have executed a valid Service Agreement with Degusto and whose account is in good standing.

10.2 Login credentials are issued by Degusto upon onboarding and are personal to the Winemaker's designated administrator. Additional user accounts may be created for authorised employees of the Winemaker, subject to Degusto's approval.

10.3 The Winemaker is solely responsible for controlling access to the Backend and ensuring that credentials are not shared with, or used by, unauthorised third parties. All activity carried out through the Winemaker's account is the sole responsibility of the Winemaker.

10.4 Degusto reserves the right to suspend or terminate Backend access at any time in the event of a breach of these Terms, the Service Agreement, or applicable law.

Article 11 — Order Management

11.1 The Winemaker will receive notifications of new Orders via the Backend interface and/or by email to the address registered in their Account.

11.2 The Winemaker must monitor incoming Orders diligently and action them promptly. An Order is deemed accepted if the Winemaker does not explicitly reject it within 48 hours of notification. Accepted Orders must be fulfilled in accordance with the product, price, and delivery conditions displayed on the Platform at the time of the Order.

11.3 To reject an Order, the Winemaker must use the designated rejection function within the Backend. Informal rejections communicated by email, phone, or other means are not valid.

11.4 The commission and applicable fees are due on all accepted Orders, including Orders that are accepted but later cancelled or not fulfilled due to circumstances attributable to the Winemaker.

11.5 Repeated Order rejections — more than three (3) within a rolling 30-day period — may result in account warnings, reduced platform visibility, or termination of the Service Agreement as set out therein.

Article 12 — Stock and Product Management

12.1 The Winemaker is solely responsible for maintaining accurate, current, and complete product listings in the Backend, including product descriptions, pricing, availability, vintage information, and stock levels.

12.2 The Winemaker must update stock levels promptly to prevent orders being placed for unavailable Products. Degusto shall not be liable to End Consumers for unfulfilled Orders arising from inaccurate stock information provided by the Winemaker.

12.3 Any changes to pricing or product availability must be updated in the Backend before they take effect. Prices displayed on the Platform at the time an Order is placed are binding on the Winemaker for that Order, regardless of subsequent changes.

12.4 The Winemaker must not list any Products on the Platform that are not compliant with applicable Luxembourg and EU laws and regulations, including EU wine labelling requirements (EU Regulation 2021/2117) and food safety standards.

Article 13 — Delivery and Fulfilment

13.1 The Winemaker is responsible for the correct and timely preparation and dispatch of Orders in accordance with the delivery timeframes communicated on the Platform.

13.2 The Winemaker must package Products in a manner appropriate for the transport of fragile goods (wine bottles) and in compliance with applicable carrier requirements.

13.3 If a Winemaker's packaging dimensions or weight result in actual shipping costs that exceed the amount charged to the End Consumer, the difference may be charged back to the Winemaker by Degusto in accordance with the Service Agreement.

13.4 The Winemaker must notify Degusto at [email protected] at least seven (7) days in advance of any changes to packaging standards, product weights, or preferred shipping methods.

13.5 In the event of a delivery failure or damage to Products in transit caused by inadequate packaging, the Winemaker bears the corresponding liability towards the End Consumer and any associated costs.

Article 14 — Financial Settlement

14.1 Degusto processes payments from End Consumers on behalf of the Winemaker. The net sales proceeds — after deduction of the applicable commission (9% + VAT) and the monthly subscription fee (EUR 39 + VAT) — are remitted to the Winemaker within fifteen (15) calendar days after the end of each calendar month.

14.2 Degusto will make available a monthly settlement report in the Backend, detailing all transactions, fees, and deductions for the relevant period.

14.3 The Winemaker may raise disputes on invoices or settlement statements within 14 calendar days of receipt by notifying Degusto at [email protected], specifying the relevant reference, the amounts disputed, and the reasons.

14.4 Undisputed amounts remain payable within the standard payment terms, regardless of any ongoing dispute on other amounts.

Article 15 — Compliance and Legal Obligations

15.1 The Winemaker confirms that it holds all required licences, permits, and authorisations to produce and sell alcoholic beverages in Luxembourg, and that it will maintain such authorisations for the duration of its use of the Platform.

15.2 The Winemaker is responsible for ensuring that all Products listed comply with applicable EU and Luxembourg regulations on the labelling, packaging, composition, and sale of wine and alcoholic beverages.

15.3 The Winemaker must promptly notify Degusto if any of its Products become subject to a regulatory recall, warning, or restriction, and must cooperate fully with Degusto to remove or amend the relevant listings.

15.4 The Winemaker is responsible for its own tax and VAT compliance obligations in respect of sales made through the Platform. Degusto's settlement reports are provided as an operational tool and do not constitute tax advice.

Article 16 — Confidentiality of Platform Data

16.1 The Winemaker acknowledges that data accessible through the Winemaker Backend — including End Consumer order data, contact details, and transaction histories — is confidential and is made available solely for the purpose of fulfilling Orders.

16.2 The Winemaker must not use such data for any other purpose, including but not limited to direct marketing, profiling, or sharing with third parties, without the express prior written consent of Degusto and, where required by the GDPR, the consent of the relevant data subjects.

16.3 The Winemaker must implement appropriate technical and organisational measures to protect any personal data accessed through the Backend against unauthorised access, loss, or disclosure.

Article 17 — Backend Availability

17.1 Degusto will use commercially reasonable efforts to maintain Backend availability. Planned maintenance will be communicated in advance where possible.

17.2 Degusto does not guarantee uninterrupted Backend availability and shall not be liable for losses arising from temporary downtime, except where caused by Degusto's gross negligence or wilful misconduct.

Article 18 — Termination of Backend Access

18.1 Backend access is automatically terminated upon the expiry or termination of the Winemaker's Service Agreement with Degusto.

18.2 Upon termination, the Winemaker's product listings will be removed from the Platform. Degusto will make available an export of the Winemaker's product data within fifteen (15) days of termination.

18.3 All outstanding fee obligations arising prior to termination remain enforceable after the termination date.