Terms and Conditions
Spiritory (or 'we') provides an investment platform that allows you to invest in spirits, wine, and champagne. Through our stock exchange-like auction model, you can buy or sell items. Anyone using our services is referred to as a user (or 'You'). Users who make a bid or purchase an item are referred to as 'Buyers.' Users who make a bid or sell an item are referred to as 'Sellers.' By using Spiritory, you agree that we provide our services to both Buyers and Sellers. Please note
- Spiritory has an age restriction for users. Due to the nature of the products sold on Spiritory, you must be at least 18 years old to use the service. By using Spiritory, you confirm that you are 18 years of age or older. As part of the registration process and at all other stages, especially during the purchase, sale, or receipt of products, we may ask you to confirm your age.
- Use of our service Our website and service are intended to be used by private individuals and not for business (professional) use. Only users residing in Germany have access to all features. Users from other countries can create an account but are not allowed to make bids, purchase items, create offers, or sell items.
- Spiritory is not a party to the purchase contractSpiritory is the owner of the website and provides the services described in these terms and conditions. However, we are not the buyer or seller of the items, nor do we own the items, and the products are not legally in our possession. Our role in relation to the sale and purchase of items is limited to facilitating transactions for products between buyers and sellers, as set out in these terms and conditions.
- Spiritory charges a fee for using our services We charge fees to both the buyer and seller for the use of our services. The fee for the buyer ('processing fee') is 6% of the purchase price (including VAT, if applicable), plus a fixed shipping fee of €6. We will add the processing fee and shipping costs to your bid. When you make a bid, you will receive a summary of possible fees, and we will also send you an email after you have made a bid, modified, or purchased an item. The fee for the seller ('commission fee') is 6% of the selling price (including VAT, if applicable), plus 3% for payment processing. Seller fees will be deducted from the selling price. When you make a bid, you will receive a fee summary from us, and we will also send you an email when you submit, modify, or sell an item. You agree that the fee is non-refundable. The use of our dashboard, portfolio functions, and access to performance and market data are free but require an individual account. If additional taxes arise in connection with the purchase or sale of an item, the buyer or seller is responsible for paying taxes to the relevant authorities. Occasionally, Spiritory may offer discounts and promotional codes, upon which users will be informed via email.
In addition, Spiritory does not guarantee: (i) that an item will be sold; (ii) that an item listed for sale exists; (iii) that a seller is able to sell the listed item; (iv) that a buyer can purchase and pay for items; (v) that a buyer returns a product when requested; or (vi) that a buyer or seller completes a transaction.
To use our investment platform, you must create an 'account' with us. It is mandatory to use a valid email address, provide your full name, enter a secure password, and inform us of your date of birth. If you wish to update your personal information, you can change your password at any time by logging into your account.
When creating your account, you must provide us with accurate information. This means you must provide correct and up-to-date information about yourself and complete all required fields truthfully. It is not allowed to create an account using a false identity, false age, or false credit card information. Only accurate information helps us provide you with an excellent user experience. By giving your consent, you assume full responsibility for all activities that occur under your account. Additionally, your account and username must be appropriate and not contain misleading, offensive, or vulgar information.
We ask you to protect your account by choosing a secure password. You are responsible for the confidentiality of your password and account. Never share your account details, including the password, with others.
In case of a violation of our terms and conditions, we reserve the right to restrict or completely delete your account.In such a case, you are not allowed to continue using our services, open a new account, or use someone else's account. We reserve the right to involve authorities such as the police if we suspect fraudulent or illegal behavior or activities.
We hope you enjoy our website and our services, but you can cancel your account at any time.
To place bids or buy items on Spiritory, you must have a debit card, credit card, or another payment method approved by us deposited with our external payment processor. To place bids on products on the website, we need banking details such as IBAN, which will be stored with our external payment processor. Our external payment processor may change the payment methods at any time. If a payment method stored by our payment processor is no longer acceptable to you, we will notify you so that you can provide a new acceptable payment method to the payment processor. You can change your payment method at any time, provided the new method is acceptable to our external payment processor. We reserve the right to block or close any account at our discretion if our payment processor informs us that your payment method is not valid or if they suspect fraudulent activity. You agree to provide a valid payment method to our external providers and authorize them to automatically charge your payment method when making a purchase, in accordance with these terms and conditions. If you are a seller, you agree that we will generally initiate payments 5 to 7 business days after the buyer's package arrives at the buyer's location.
All content related to products on the website (including product images, product descriptions, product specifications) is provided by Spiritory and is the sole content used in connection with a product. Spiritory reserves the right to change the content at any time at its discretion. While we strive to provide reliable and accurate content about products, we cannot guarantee the accuracy of the content we publish on the website about a product. You cannot hold Spiritory responsible for inaccuracies in the content, even if you have informed us of inaccuracies at any time. While we strive to create content for a product, you cannot hold Spiritory responsible if you inform us that there is no content available on our website, and we have no detailed content or no content at all for a product, even if you have requested it.
The website, product details, and content on the website include images, product information, data, and intellectual property owned by Spiritory and third parties. Therefore, you are not allowed to copy website content, reproduce website content (except as provided in these terms), provide links to third-party websites, or use the content in any other way without our prior written consent, which is granted exclusively at our discretion.
You are not authorized to use any part of our website content for commercial purposes without obtaining our prior written consent, which is granted exclusively at our discretion. If you print, copy, or download any part of our website and violate these terms and conditions, your right to use our website will cease immediately, and at our discretion, you must return or destroy any copies of the materials you have created.
Spiritory verifies every product sold on Spiritory for obvious damage, and the product goes through our authentication process. The product is only shipped to the buyer if it passes the authenticity test (and is fully paid for by the buyer). If Spiritory determines that the product does not pass the authenticity test (which is at the discretion of Spiritory), the product will be returned to the seller, and the seller is obligated to reimburse Spiritory for the return costs of the product. The buyer's payment will be refunded by Spiritory to the buyer. The product authentication service is a non-commercial voluntary offering by Spiritory. We are not responsible for incorrect assessments or malicious behavior by users (especially sellers).
Spiritory takes counterfeiting and fraud very seriously. While we expect counterfeit products to be identified through our product authentication, we are aware that no process is infallible. If a buyer receives a product they believe is counterfeit, they must notify Spiritory in writing immediately. We will then instruct you to return the product for examination.
When a seller offers a counterfeit product or attempts to deceive a buyer or Spiritory, or when we suspect fraud or counterfeit products, Spiritory reserves the right, at its discretion, to suspend or close a seller's account, cancel all or part of the seller's pending orders (including all pending orders in which the seller also acts as a buyer), withhold payments to the seller, return the product at the seller's expense, charge the seller for any costs incurred by the buyer in returning the product to Spiritory, and report all counterfeit items and details of any suspected fraud to the police and/or other relevant authorities. If the buyer has paid for the product in question that turns out to be counterfeit, the buyer will receive a full refund within 14 days of the conclusion of the investigation. Spiritory reserves the right to monitor the Spiritory trading platform and to investigate and/or close a member's account if fraudulent activity or market manipulation of any kind is suspected, and to report such activities to the police or other relevant authorities.
The seller agrees to be bound by all the conditions contained in these terms that apply to sellers. By listing a product on the website, you do so with the condition that you are making a binding offer to sell that product to a successful buyer. You are contractually obligated to sell the product to the buyer and ship it once the product has passed our verification process and has been paid for. You understand that your contract for the sale of a product is with the buyer and not with Spiritory, and that Spiritory acts solely as an intermediary in the sale of the product in accordance with these terms. Consequently, Spiritory makes no representations and assumes no responsibility toward a seller in connection with the transaction with a buyer. A seller may cancel a request at any time before that request is matched with a buyer's offer.
Sellers must ensure that they ship the exact product for which they have made an offer and for which a successful offer has been made on the website. If Spiritory determines, at its discretion, that the product shipped does not match the product description on the website, is not authentic, or is not in good condition (taking into account the verification process), Spiritory has the right to charge the seller the fees set forth in these terms and take the actions set forth in these terms (which may include the suspension or termination of your account).
You must ship sold products within 3 business days after our email confirming authentication and/or payment by the buyer to the customer. If you are a business, you accept the terms of these General Terms and Conditions regarding the buyer's return policy. In any case, whether you are a business or not, you agree that Spiritory's decision is final when it comes to determining whether the buyer can return a product or is entitled to a full or partial refund. Additionally, you agree to pay all fees and shipping costs that Spiritory has established as payable by you in accordance with these General Terms and Conditions.
Spiritory will make a payment to the seller within a reasonable period after successfully verifying the product. Typically, payment is made within 5 to 7 days after the estimated delivery date. However, this period may be extended if a customer complains about the received product or if we encounter issues with other items offered by the seller. As a reminder: you are not allowed to contact buyers outside of Spiritory to (i) buy directly from you/your online store, (ii) negotiate other terms or agreements, and/or (iii) request additional payments.
The buyer agrees to be bound by all the provisions and conditions contained in these terms for buyers. A buyer can make an offer for an item offered for sale on the website. If a buyer wins an auction in accordance with these terms, they are contractually obligated to pay the agreed-upon price for the product. A buyer may cancel an offer at any time before such offer is matched with an offer. You acknowledge that your contract for the purchase of a product is with the seller and not with Spiritory, and that Spiritory acts solely as an intermediary in the sale of the product in accordance with these terms. Consequently, Spiritory makes no representations and assumes no responsibility toward buyers in connection with the transaction with a seller.
You have the right to return a product in accordance with these terms, but you must comply with all requirements set forth in these terms for the return of a product. You acknowledge that your right to cancel an order or return a product is subject to Spiritory's absolute discretion, that all disputes related to a product will be resolved between the buyer and the seller, and that any intervention in such a dispute is solely at Spiritory's discretion.
If you have reason to complain about our services, please let us know, and we will try to resolve your issue. Please send all complaints to the address provided at the end of these Terms and Conditions. While we prefer to resolve all issues ourselves, we inform you that you also have the option to file a complaint with an extrajudicial dispute resolution entity (more information available on the online dispute resolution platform's website). If we cannot find a solution, the applicable law section will apply.
These Terms and Conditions do not exclude our liability for death or personal injury caused by our negligence or our liability for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited under German law. To the extent permitted by law, we exclude all conditions, warranties, representations, or other provisions, express or implied, that may apply to our website or its content. We do not assume any liability to any user for losses or damages, whether contractual, tortious (including negligence), breach of legal duties, or otherwise, even if they are foreseeable and arise from or are related to the following or are related to the following:
- the use or inability to use our website or services; or
- the use or reliance on any content displayed on our website.
Please note that we provide our website exclusively for private and personal use. You agree not to use our website for commercial or business purposes, and in any case, we will not be liable for::
- Loss of profits, income, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunities, goodwill, or reputation; or
- Indirect or consequential damages.
Spiritory is not responsible for incorrectly calculated performance data, such as market value, performance, trends, or other inaccurate metrics, such as selling price or publication date.
Spiritory reserves the right to make technical, commercial, or other changes and improvements to our website at any time and without prior notice. We also reserve the right to (i) temporarily suspend our website and/or restrict the use of our services when necessary (e.g., due to necessary maintenance on our website) or (ii) in cases of force majeure. In both cases, Spiritory is exempt from any liability for damages and is not obligated to provide compensation (in any format).
We are not responsible for losses or damages that may be caused by errors, viruses, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other copyright-protected materials as a result of using our website or downloading content from it or any linked website. We assume no responsibility for the content of websites linked from our page. We are not responsible for losses or damages arising from your use of these websites.
Spiritory is not responsible for the actions or omissions of the seller towards the buyer.
We are not responsible for product verification. This is a voluntary and non-commercial offer by Spiritory to prevent the counterfeiting of liquor and wine products. We commit to reviewing each product marketed on Spiritory. However, no process is immune to fraud and malicious acts.
Spiritory is not responsible for the content of bottles or when an item is in poor condition.
To the extent that Spiritory is liable to buyers, sellers, or other users of the website or services, Spiritory's liability, to the extent permitted by law, is limited to the amount of €250 (two hundred fifty euros).
User anonymity is important to us, and we strive to ensure that the identity of a seller is not disclosed to the buyer unless we are legally obligated to do so. To enable sellers to ship items, we provide sellers with the buyer's address data only after a product has gone through the authentication process and has been paid for by the buyer. Sellers are not allowed to contact buyers for commercial purposes.
If you are a business, these terms, their subject matter, and their formation (as well as any non-contractual disputes or claims) are governed by German law. You agree to the exclusive jurisdiction of the courts in Germany. In case of any discrepancies between the German version of our Terms and Conditions and any other language version, the German version shall prevail.
We reserve the right to modify or supplement these Terms and Conditions at any time. The updated version of Spiritory's Terms and Conditions can be found on our website. If a change or supplement significantly affects your rights or obligations, we will notify you by email or inform you during your use of our platform about the changes. If you continue to use our platform after a change or supplement to the Terms and Conditions, you irrevocably accept the modified or supplemented Terms and Conditions.
If one or more provisions of these Terms and Conditions are or become invalid or unenforceable in whole or in part, you and Spiritory will still be bound by the remaining provisions of these Terms and Conditions, regardless of the circumstances. We will replace the invalid and/or unenforceable part (in relation to the specific user or situation) with one or more valid provisions that are as close as possible in content and purpose to the invalid provisions of these Terms and Conditions.
If you have any questions about our Terms and Conditions or our website and services, you can contact us at the following coordinates:
- SPIRITORY GmbH
- Oberländerstr. 33
- 81371 Munich
- Phone Number: +49 (0)89 - 69313426
- Email: info [at] spiritory.com
These Terms and Conditions were last updated on January 29, 2022.