1. Definitions
In these Terms of Service (the 'Agreement') the following terms are used:
- Company — 5TH PLANET LIMITED, registered in Hong Kong, owner and administrator of the Site
- Site — the online resource located at vinoaccs.com, including all of its subdomains and mobile versions
- User — any natural or legal person using the Site
- Enquiry — a request for a price calculation or product manufacture, submitted via the Site's forms
- Commercial Proposal — a document with the calculation of cost, terms and timing, prepared by the Company in response to an Enquiry
2. Subject of the agreement
This Agreement governs the conditions for using the Site and the relationship between the Company and the User in using the functionality of the Site.
The Site offers the following features:
- Viewing the catalogue of wine accessories and related products
- Reviewing information about the Company's services
- Submitting enquiries for price calculation or manufacture
- Subscribing to the informational newsletter
- Viewing the status of submitted enquiries via a unique link
3. Acceptance of the agreement
The User accepts the terms of this Agreement in one of the following ways:
- By using the Site — viewing any page
- By submitting an enquiry via the Site's forms with confirmation of consent
- By subscribing to the newsletter with confirmation of consent
If the User does not agree with the terms of this Agreement, they must cease using the Site.
4. Site features
4.1. Product catalogue
The catalogue contains examples of products that the Company can manufacture or supply. Images, descriptions and specifications are for information only. Final specifications for a particular order are agreed individually.
The minimum order quantity (MOQ) shown on product cards is indicative. Exact terms are clarified at order agreement.
4.2. Basket and enquiry
Adding items to the basket does not create legally binding relations. The basket is a tool for forming an enquiry. Legal obligations arise only on signing a separate contract.
4.3. 'My enquiry' page (magic link)
After submitting an enquiry the User receives, at the email address provided, a link with a unique token. Via this link the User can view the status of the enquiry, the history of communications and any attached documents.
The User is obliged to keep the link secure and not to share it with third parties.
4.4. Informational newsletter
Newsletter subscription is voluntary. The User may unsubscribe at any time via the link in any received letter.
5. Rights and obligations
5.1. The User undertakes
- To provide accurate information when submitting enquiries
- Not to use the Site to distribute malicious code, spam or unlawful content
- Not to attempt unauthorised access to the Site's systems
- Not to copy the Site's content en masse without the Company's written permission
- To comply with the laws of their country when using the Site
5.2. The Company has the right
- To change the functionality and content of the Site without prior notice
- To temporarily suspend the Site for technical maintenance
- To refuse to process an enquiry without giving reasons
- To delete the data of Users who breach this Agreement
- To block IP addresses on attempts at unauthorised access
5.3. The Company undertakes
- Process personal data in accordance with Privacy Policy
- To respond to enquiries received within a reasonable time (usually up to 24 hours for the first message)
- To provide accurate information about its services
6. Enquiries and commercial proposals
6.1. What is an enquiry
An enquiry submitted via the Site's forms is a request for information about cost and production terms. The enquiry is not an offer and does not create any obligation on the Company to manufacture or supply the goods.
6.2. Commercial proposal
In response to an enquiry the Company may prepare a commercial proposal containing a preliminary calculation of cost, timing and terms. Preparation time — 3 to 5 working days.
The commercial proposal is valid for 30 days from dispatch to the User, unless otherwise stated in the document itself.
6.3. Conclusion of a contract
Manufacture and supply of goods is carried out on the basis of a separate bilateral contract signed by the Company and the User. The Site and this Agreement do not replace the contract.
7. Intellectual property
7.1. Company rights
All Site materials (texts, images, video, design, logos, site structure, source code) are the property of the Company or are used under licence.
It is prohibited, without the Company's written permission, to:
- Mass-copy Site content
- Use product images for commercial purposes
- Create derivative works based on Site materials
- Automatically scrape the Site without written consent
7.2. Materials provided by the User
By submitting technical briefs, drawings, images and other materials through the Site's forms, the User:
- Warrants that they have the right to use these materials
- Grants the Company the right to use the materials to prepare a commercial proposal and fulfil the order
- Retains all exclusive rights to their materials
The Company undertakes not to transfer the User's materials to third parties beyond what is necessary to fulfil the order, and not to use them for promotion or training without separate consent.
8. Limitation of liability
8.1. Site operation
The Company makes efforts to maintain stable operation of the Site but does not guarantee its uninterrupted availability. The Company is not responsible for:
- Temporary outages, maintenance, updates
- Issues on the User's internet service provider
- Actions of third parties (DDoS attacks, cloud provider outages)
8.2. Information on the Site
Information on the Site is provided 'as is'. The Company strives for the relevance and completeness of the information but does not guarantee the absence of typos, outdated data or minor inaccuracies.
Final terms for a particular enquiry are agreed in individual correspondence and in the contract, not inferred automatically from the information on the Site.
8.3. Damages
To the maximum extent permitted by law, the Company is not liable for indirect, incidental, special or consequential losses of the User related to the use or inability to use the Site.
9. Dispute resolution
Any disputes arising in connection with the use of the Site are resolved by negotiation where possible.
Where pre-trial settlement is not possible:
- For Users in Russia — the dispute is heard in accordance with the laws of the Russian Federation and the applicable laws of Hong Kong
- For Users in other jurisdictions — the dispute is heard in accordance with the laws of Hong Kong
The language of dispute resolution is Russian or English, as agreed by the parties.
10. Changes to the agreement
The Company reserves the right to amend this Agreement. The current version is always available on the Site at vinoaccs.com/terms.
Material changes are published on the Site 14 days before they come into force. Continued use of the Site after publication of changes constitutes consent to the new version.
