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1. RECITALS

We invite you to examine this section which contains the general Terms and conditions (“T&C”) regulating the sale of the Products (as defined below) and the execution of the services relating to them through the platform (“Crurated” or “Platform”).

In this section you can find the rules between Crurated and our users (individually “User” and collectively “Users”) (together “Parties”).

These T&C regulate the use of Crurated and any other related agreement or legally binding arrangement or relationship with the owner of the platform (“Owner”).

Before using Crurated, you must read very carefully this agreement (“Agreement”) and agree to accept the same during the registration process by clicking the button for its acceptance. If you don’t accept this Agreement, you cannot use the services described below.

We reserve the right to change these T&C at any time as from the date as of 29 November 2021. Any such changes will take effect when posted on the site and it is the responsibility of the Users to read the T&C (as amended from time to time) on each circumstance you use the Platform and your continued use of it shall mean you accept to be bound by the latest T&C.

2. ABOUT CRURATED

http://www.crurated.com is a site operated by Crurated Limited, a private limited company governed and regulated by England & Wales laws.

Crurated is registered in the United Kingdom under company number 13176905 and VAT number GB 376 8329 51. We have been incorporated under the Companies Act 2006 as a private company limited by shares on 3rd February 2021.

Our registered office is at 90 Chancery Lane, London (UK), WC2A 1EU.

The owner’s contact email is: hello@crurated.com.

Crurated is an online service dedicated to the sale of wines and other alcoholic beverages and accessories (“Products”) either through direct sales at a fixed price or through auctions to the highest bidders according to the process referred to in point 4.9.1. of these T&C.

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. Additionally, you will be provided with a customer wallet on Polygon: you find all the information about the terms and conditions of Polygon clicking on this link: https://www.polygon.com. For any other information regulating the operation of the customer wallet on Polygon and the issuance of the NFT (“Non-Fungible Token”) for the online service of the Platform, please see point 4.9 “Title” of these T&C.

When you sign up on the Platform for membership, Crurated creates a customer custodial wallet on Polygon network: the wallet is a string of numbers that can contain all NFTs issued by Crurated. It is a custodial wallet in terms that Crurated will keep your assets and your private key on your behalf against the payment of a processing fee referred to in point 7 below.

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 (see “Cancellation” under point 3.5.).

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: Curated 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 Curated, 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 “Curated” 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 € 36 (thirty-six) plus VAT; Annual membership fee: € 360 (three hundred and six) plus VAT. Membership fees are charged the first day of the month

(ii) Benefits:

1. Access to ‘’Selected’’ and “Curated” 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. Option to resell through the Crurated marketplace coming in 2022.

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

3.3.3 Collector

(i) Cost: Monthly membership fee: € 180 (one hundred and eighty) plus VAT, Annual membership fee: €1800 plus VAT. Membership fees are charged the first day of the month

(ii) Benefits:

1. Access to “Exclusive”, “Curated” 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. Option to resell via the Crurated marketplace coming in 2022.

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. Ambassador

(i) Cost: Monthly membership fee: €600 (six hundred) plus VAT, Annual membership fee: €6000 (six thousand) plus VAT. Membership fees are charged the first day of the month

(ii) Benefits:

1. Access to “Limited”, “Exclusive”, “Curated” 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. Option to resell via the Crurated marketplace coming in 2022.

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

9. 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: http://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 and your personal wallet 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. After 30 (thithy) days, you will be automatically charged €3 (three) bottle per year in advance for the storage of your bottles. More info in the Storage section under point 7.5 herein.

4. TERMS AND CONDITIONS OF SALE

Crurated has the right to exclude certain countries from purchasing some batches. Crurated also has the right to exclude certain Users from purchasing specific batches. These exclusions are determined insofar as they are in accordance with the agreements the Owner has entered with its suppliers.

These terms and conditions of sale set out the Terms and Conditions pursuant to which we offer the Products for sale or on the Platform.

We distinguish four different types of sales/purchase:

(i) Collections.

(ii) Single Lot Auctions.

(iii) Fixed Price Offers.

(iv) Private Sales.

4.1 Collections.

Each offer submitted is an offer to purchase the Products. Orders are subject to availability and to the Owner’s discretionary acceptance.

Collections operate in a time frame of cycles. The cycles, determined at the Owner’s discretion, are indicative of how long the collection will be active and open for bids.

Users will submit an offer that is equal or higher than the minimum offer seen on the Platform. Collections operate on a sealed-offer format, whereby the highest (x) number of offers will be deemed winners.

The number of winners will depend on the number of cases available. Users can place offers on more than one collection and indicate a total amount they would like to spend as a ceiling for that cycle.

The Platform will not spend more than the indicated amount for that cycle. The allocation of the lots will be done based on the priority that the User has indicated. If a User does not meet the winning criteria for a certain lot, then this lot will not be allocated to such a member.

4.1.1 Criteria for winning:

a. The number of batches (x) available will be allocated to the highest offers (x) submitted by eligible members.

b. In case of tied offers from more than 1 (one) User and only 1 (one) lot is available, Crurated will give priority based on:

a) the higher membership type and b) in case members have the same membership type then we will look at the time of submission.

c. The Owner will always maximize distribution across Users. 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

4.1.2 Submitting an offer does not constitute placement of the order. Members will be notified by email within 72 (seventy-two) hours after the closure of the sale on the results of winning or losing. The winner will be automatically charged the outstanding amount on their credit card. The User will be given a 1 (one) week period starting from the email notification 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 the Member.

4.1.3 A User that has a negative balance in his/her account will not be able to participate in auctions and/or ship his/her wines until all outstanding balance has been paid.

4.2 Single Lot Auction

4.2.1 Single lots are single batches. Only 1 (one) of each batch is available to the members. There will be only 1 (one) winner for each batch.

4.2.2. Users can place a maximum bid on his preferred batch. Any bids must be higher than the current highest bid at the time of bidding. If you are subsequently outbid, you will receive a notification with the opportunity to place a higher bid. There are no limitations to the number of bids considering that Users can submit during an active auction. While active auctions do have a tentative expiry time/date, the time may be extended if offers are placed within the last 30 (thirty) seconds of the active auction, at which point, the 30 (thirty)-second counters will reset until no further offers are placed. In other words, the single lot auctions are like traditional live auctions. Once the auction closes, an email notification will be sent to the winner. The winner will be automatically charged the outstanding amount on their credit card. The members will be given a 48 (forty-eight) hour period starting from the email notification 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 the User.

4.2.3 A User that has a negative balance in his/her account will not be able to participate in auctions and/or ship his/her wines until all outstanding balance has been paid.

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, members can bid for a batch 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 online are immediately executed. You cannot cancel a bid once it has been submitted.

4.3.4. Bid amounts may be displayed in a currency other than the main currency. This amount will be expressed in brackets once User have selected the currency from those shown on the Platform. However, it remains understood that these values are expressed to facilitate the User’s full awareness of the amounts that may be the subject of his or her eventual bid. Values in other currencies are represented considering the recent and official exchange rates, it being understood, for the avoidance of doubt, that both offers and final payments, following the awarding, shall be made exclusively in the primary currency of the sale.

4.4 Private Sales

The Owner can offer a specific number of lots only to specific customers. The User can see the Private Sales dedicated to him in the Private Sales Section and the time of closing of the Private Sale.

Users will submit an offer that is equal or higher than the minimum offer seen on the Platform. Private Sales can operate on a sealed-offer format, whereby the highest (x) number of offers will be deemed winners.

The number of winners will depend on the number of cases available.

4.5 Direct Offers

4.5.1 The Owner, in accordance with producers, will offer a specific number of batches at a fixed price. The User can see the number of batches available at any point in time. The criteria is: “first come first serve”. Once all batches are sold, the User will be seen as “Sold Out”.

4.6 Description of Batches

4.6.1 Any batches under these T&C have the following features until the Agreement expires:

(i) Details of the batches on offer and all bottles of the batch are visible to Users only on the Platform. The information that will be displayed are name of the producer, the name of the cuvee, classifications, appellation, vintage, bottle conditions and number of each specific bottle within that batch.

(ii) The Owner at his discretion has the right to create the combination of bottles for each batch.

4.7 Crurated Estimated Market Price

4.7.1. Estimated market price is our opinion and is a guide for Users. It is calculated from a range of different sources and considers the pristine conditions of the bottles, rarity of the bottles and the blockchain digital certification of every bottle sold on our platform. However, Users should investigate market prices before making the purchase

4.8 Order completion

4.8.1. Subject to the 4.8 below, if lots are awarded, the following will be visible in the dedicated section:

a. “outstanding payments”: in case the payment has not been fulfilled yet

b. “my cellar”: After payment, the User will be able to view his products in the section My Cellar

4.8.2 The Owner shall not be liable for damages suffered because of delays in delivery which are not dependent on circumstances foreseen by the Parties at the time of the order confirmation.

4.9 Title:

4.9.1. Products may also be delivered long after the lot has been awarded and the order placed. In such cases Crurated will take care of the storage of the products and the goods remain the property of Crurated and will not be shipped until all invoices or costs, none excluded, have been paid by the Users. When a member wins the auction (as per points 4.1 and 4.2) or in case of Private Sale and Direct Sale (as per points 4.5 and 4.6.), the Collection will be reserved for that User in our database, and it will be visible to such Users on the Platform. Then, while Product is bought or won and even though no date or place of delivery are known for the Products, Crurated issues vouchers and a receipt. Once the Products are received in the warehouse, Crurated issues NFTs from the custodial wallet on Polygon about each bottle included in the aforementioned voucher. NFTs can be defined as cryptographic, non-fungible digital tokens, based on blockchain technology, representing a title to a specific physical or digital product, as well as being themselves NFTs a unique digital product. This technology therefore allows for the transfer of a property right over a specific physical asset, or the transfer of a digital asset, through the transfer of the NFT attached to that asset.

For any additional information on the wallet and the operation of the process for issuing a NFT please see our section “How it works” on the Platform clicking here: http://crurated.com/how-it-works/.

To have the title on the Products, you must be up to date with the payments of the fees.

5. PAYMENT METHODS

5.1 General

5.1.1. All payments including allocated batches, membership fees, relevant taxes and duties and delivery charges and processing fee costs will be paid by the User through the accepted means of payment.

5.1.2. Any amount outstanding must be paid no later than 1 (one) week after a successful purchase if the favorite payment method is Credit Card and no later than 2 (two) weeks after a successful purchase if the favorite payment method is Bank Transfer. After this deadline, the Platform reserves the right not to allocate the lot to the Member and suspend the account.

5.1.3 For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees related to processing the member’s payment method.

5.1.4. The User has the option to request bank transfer as a payment method. The request will need to be approved by Crurated management and activated on the account. The request can be made in the “My Account” section.

5.1.5. The User is aware that local tax charges may vary depending on the payment method used.

5.2 Executive Members

The Owner at his discretion has the right to selige some members as Executive members. The Executive members have the possibility to pay once in a month. Curated will take the count of their expenses and will provide a monthly payment via email to the customer. After one week from sending the monthly bill to be paid, the Platform reserves the right not to allocate the lot to the Member and suspend the account.

6. DELIVERY

6.1 Delivery terms

6.1.1. All the purchases of physical items from Crurated are made based on a shipment contract and assume that the voucher has been previously redeemed. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier or on the date of first attempted delivery. We make every effort to deliver Products by the estimated timeline, however delays are occasionally inevitable due to unforeseen factors; in this respect Crurated shall be under no liability for any delay or failure to deliver the Products within estimated timelines.

6.1.2 Products will not automatically be shipped. Once payment for the Products’ supplies or batches has been received and without prejudice to article 4.9.1. (i.e Title), and the wine supplies or batches arrive at our warehouse, arrangements can be made to deliver the wines to the buyer. Users are aware that some wines will take time to arrive at the Owner warehouse; the estimated availability will be mentioned on the Platform. The buyer will see the status of the wines change under ‘My Cellar’ to ‘At our warehouse’, and can redeem the voucher and request shipment.

6.1.3 Crurated will make every effort and use all precautions to ensure the safety of the wines against inclement weather conditions, which may cause delays in deliveries during periods of extremely high or low temperatures (no shipments will be allowed between mid-June and mid-September).

6.1.4 In any event, Crurated will not be liable under any circumstances where the quality of the wine does not meet organic or qualitative standards due to causes related to the production and conservation of the wine.

6.1.5. Deliveries are made during normal business hours at the address indicated by the Users and in the manner specified in the order summary.

6.2 Delivery and Receipt of Goods

6.2.1 All shipments will be subject to a processing fee payable at the time of purchase, which will also include the costs described in point 7 below. The fee covers the transport of the Products in the temperature-controlled van from the storage to our warehouse, comprehensive, administrative, and processing fees for shipments.

6.2.2. Crurated insurance covers wines against loss, damage, breakage, fire or other losses while in transit to the buyer’s declared point of destination.

6.2.3. Loss or breakage resulting from shipment that Crurated has arranged must be reported to Crurated in writing by 3 (three) days of delivery of the property which must be examined in the presence of the carrier on arrival.

6.2.4 In order to ensure the safety of the wines and to comply with the shipping requirements, it may be necessary in some shipments to repack the wines in protective shipping containers. Original wooden cases, when available, are not included with the delivery of properties automatically.

6.3 Purchaser’s obligation

6.3.1 The User is advised that various jurisdictions may impose restrictions on the quantity of alcoholic beverages that may be purchased and shipped within their jurisdiction by a purchaser from another jurisdiction, without requiring the purchaser, a consignor or shipper to own certain licenses or permits.

6.3.2 Crurated is not making any representations or warranties with respect to the legality and legitimacy of shipping alcoholic beverages in any jurisdiction.

6.3.3 Prior to any purchase, the User shall investigate and understand the restrictions, prohibitions and requirements of any applicable laws and regulations of its country regarding the shipment and delivery of alcoholic beverages.

6.3.4 Likewise, the User is fully aware that Crurated insurance (as set out in point 6.2.2.) does not cover confiscation, or other restrictive measures issued by any national or local governmental authority, by reason of alleged violations of the applicable laws and regulations because of alleged violations of applicable laws by buyers.

6.3.5 The Users will be required to be present in person to accept delivery of purchase unless there is an authorized representative of the User. In terms of the validation and effectiveness of the delegation, the proxy shall provide evidence that he/she has been vested with the relevant powers, which must be made known at the time of the shipping order. The representative, who shall then sign all documents relating to the delivery, must also be of legal age to drink in the country of shipment. Upon delivery, the Users must verify the contents specifying any anomalies in the delivery form in order to have the right to redundancy or restitution.

6.3.6 In case of non-delivery, Crurated has no responsibility, also for damages occurred to the purchased products, in case the non-delivery of the products is due to negligence of the buyer member who has not correctly provided and written the correct data useful for the delivery (e.g. phone number, the full shipping address, etc). In this case, Crurated reserves the right to take delivery of the non-delivered goods, at its own care but at the expense of the purchaser.

6.4 Delivery charges

6.4.1 The wines will be stored in our Crurated bonded warehouse in Burgundy, France. Delivery charges will vary based upon quantity and the destination.

6.4.2 Shipments are supported within a number of EU countries and a few international destinations at competitive market prices (subject to 6.3). Once the wine arrives at our warehouse, the purchaser can request the shipment and the shipment costs quote will be provided to you. Depending on the destination, some duties & taxes might be due and paid directly by the customer to the destination country’s customs (or its representative) upon goods arrival into the country. Crurated cannot be held responsible to provide an accurate estimate of these charges nor pay them on behalf of the client (as per article of 6.3.1, 6.3.2, 6.3.3)

6.4.3 Delivery managed by User

6.4.3 If your desired shipping destination is currently not supported by Crurated, you are entitled to the free unlimited storage with Curated in our top class bonded warehouse in Burgundy where your wines can age gracefully undisturbed. From there, you can either arrange your own transport working with us on customs solution or build your cellar with us to also later benefit from the Crurated marketplace.

6.4.4. If the User prefers to arrange, at its own cost, the delivery of the Product, Crurated reserves the right to charge additional handling fees, always at the expense of the Customer, to prepare the order for transport (pallets, packaging, accompanying documents, etc.). Depending on the requirements communicated by the User, this delivery is under Ex-Works (EXW) or Free Carrier FCA, as defined in the Incoterms, pursuant to the latest version. We specify that International Commercial Terms are codified terms, published by the International Chamber of Commerce (ICC) with the purpose of defining the contractual terms used in the field of imports and exports in national and international sale and purchase contracts, which means, in brief, that (i) in the case of EXW, the risk of the transport will be the sole responsibility of the User (ii) in the case of FCA the transfer of risk occurs when the goods are placed at the disposal of the carrier designated by the User. These delivery methods are not covered by the insurance mentioned in 6.2.2.

In any event, the User is obliged to provide Crurated with proof of export of the transported goods.

6.4.5 Adult signature is required for all shipments. For orders by all membership tiers wine is for personal use, not for resale.

6.5 Storage

6.5.1 All wines are kept in our secure temperature-controlled warehouse in Burgundy providing the ideal environment for long-term wine storage. Average temperature in the warehouse is 15C. Crurated is in a unique position to have our own Bonded Warehouse in Burgundy, France. No third parties are involved so we have absolute control of our wine storage. State of the art 24 hours’ security.

6.5.2 Storage charges

Crurated offers unlimited storage to Ambassador & Collector membership tiers while active. Connoisseurs enjoy 500 (five hundred) bottles of free storage, €3 (three) /bottle per year charge above the free allowance in advance. Explorer enjoy 50 (fifty) bottles of free storage, €3 (three)/bottle per year charge above the free allowance in advance. Once registration on the Crurated platform has been cancelled, for whatever reason, the user shall be required to organise delivery of the purchased wines within 30 days. After this period, the User will be charged €3 per bottle per year for storing the wine in advance.

7. PROCESSING FEES

7.1 The processing fee is determined at 2.5% of the purchase price and will be charged on the time of completion of the purchase and incorporates Tech + Administrative costs.

8. SALES AND OTHER TAXES

8.1. Users are responsible for the payment of any tax or tariff or any additional cost that may be charged by customs of each country of destination which Crurated may be required by law to charge or remit to any authority in respect of or in connection with the sale whose cost cannot be estimated in advance. All prices shown to members are deemed to be exclusive of of any sales tax including United Kingdom value added tax and/or any other applicable tax of a similar nature, which shall (if required) be payable by the member at the appropriate rate. Applicable VAT or sales tax is charged on the total amount invoiced to the client when the Product leaves the warehouse to be shipped to the User. This amount is made of the price of the wine, the processing fee and the delivery.

8.2 Users claiming exemption from sales, use or other tax must provide Crurated with documentation, which, in Crurated sole discretion and judgment, is satisfactory evidence of such exemption, prior to the release of property to the member.

9. RESPONSIBILITIES OF CRURATED

9.1 Crurated shall be not liable vis à vis the member or any third party in case of any delate, fault and/or interruption of the Platform due to: force majeure or accident; interruption of the electric power supply; lack of connection, software errors, hardware failure, database problems, fault, no dispensing pages and/or images, errors not depending on misconduct and/or negligence of Crurated and/or those depending on any third party act, including any supplier of Crurated.

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

9.3 Crurated makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of Crurated site or Platform will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the site and Crurated accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

9.4 Other than as expressly provided in these T&C, indemnities, warranties, terms, and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

9.5 Crurated will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the T&C for any:

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

– loss of goodwill or reputation.

– special or indirect losses.

– suffered or incurred by that party arising out of or in connection with the provisions of any matter under these T&C.

10. RIGHT TO CANCEL

10.1 The provisions under these T&C apply only to UK buyers purchasing in their capacity as consumers.

10.2 In the event that the UK buyer purchases Products from the Crurated Platform and so consummates the transaction, the UK buyer shall have the legal right to:

– withdraw from any bid at any time prior to acceptance by Crurated (i.e. before the end of the auction); and/or

– cancel any purchase within 14 days, which period shall expire after 14 days from the day the buyer acquires physical possession of the Products. It is required to specify that to exercise the right to cancel any purchase, the buyer shall inform Crurated of such decision by a clear written statement to the Owners’ email contact: hello@crurated.com no later than the time of the expiry of the aforementioned cancellation period; and

– return the Products to Crurated, without undue delay and in any event no later than 14 days from the day on which the buyer sends the relevant notice of cancellation.

It remains understood that even when the Usercancels the purchase, he shall not be entitled to withdraw from the NFTs issued by Crurated, which therefore shall be cancelled once the Products are shipped regularly to the User. Additionally, you acknowledge and know the processing fee under point 7 shall not be returned by Crurated because it relates to the financial and administrative services provided by Crurated in connection with the issuance of the NFT(s) already performed.

10.3 Notwithstanding the foregoing, if buyer cancels any purchase, Crurated shall reimburse the buyer of all payments received from buyer, excluding the processing fee under point 7 above and any applicable VAT under point 8 above, as well as delivery costs paid to Crurated (other than delivery costs in excess of the least expensive type of standard delivery). The User shall bear the direct cost of returning the Products.

10.4 For the avoidance of any doubt, Crurated shall make the foregoing refund without undue delay and no later than (i) 14 days after the day Crurated receives back from buyer the goods supplied; or (ii) if earlier, 14 days after the day Buyer provides proof of return of the goods. Crurated will make the refund using the same methods of payment used by the buyer for the initial transaction.

10.5 Crurated may deduct from the refund for loss of value of any goods supplied, if the loss is the result of handling by the User other than as necessary to establish the nature and characteristics of the goods. For the avoidance of doubt, this right of cancellation does not apply to bottles of wine which have been opened.

10.6 If the Users are in possession of the Products, they are under the duty to retain them and take reasonable care of them. They shall send the Products back to us to our contact address at their own cost (unless we delivered the Products to the Users accidently or the items are damaged or defective) as soon as possible once the Users have cancelled the contract.

10.7 The Owner reserve the right to make a charge not exceeding our direct costs of recovering the Products if you do not return them at our expense.

10.8 Users will not have any right to cancel a purchase for the supply of any of the following Products:

• for the supply of Products, the price of which is dependent on fluctuations in the financial market which cannot be controlled.

• for 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.

11. COPYRIGHT – INTELLECTUAL PROPERTY RIGHTS

11.1 General terms

You acknowledge that the services contain information, text, software, photographs, music, audio and video clips, graphics, links, and other material that are protected by copyright, trademark or other proprietary rights or intellectual property rights of Crurated or third parties.

11.1.2 In this respect You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all materials and/or content made available as part of your use of this site (collectively, the “Content”) shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.

11.1.3 All Content used or made available through the services is copyrighted as a collective work and/or compilation of Crurated pursuant to applicable copyright law. Crurated owns a copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in the content original to Crurated. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the services. Crurated does not grant permission to users of its services to reproduce images of original works of art.

11.1.4 You further acknowledge that any other use of the Content is strictly prohibited, and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such Content.

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. NOTICES

12.1 All notices you send us must be sent to the contact details on this site (link). We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.

13. APPLICABLE LAW

13.1 These T&C are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law.

14. VENUE

14.1 Any dispute between us will be resolved exclusively in the courts of England and Wales. English is the only language offered for the conclusion of the contract.

15. MISCELLANEOUS

15.1 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 whether directly or indirectly by circumstances beyond its reasonable control.

15.2 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, and 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.

15.3 You may not assign or sub-contract 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 sub-contract 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.

15.4 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.

15.5 These T&C do not create or confer any rights or benefits enforceable by any person that is not a party except:

– a person who is a permitted successor or assignee of the rights or benefits of these T&C may enforce such rights or benefits.

– no consent from the persons referred to in below is required for the parties to vary or rescind these T&C (whether in any way that varies or extinguishes rights or benefits in favor of such third parties).

15.6 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.

15.7 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.