← Wine Finder

Merchant Terms

Version 2026-07-29-3 · Last updated 29 July 2026

1. Technology service only

The Supplier provides recommendation, catalogue-mapping, storefront-widget and analytics technology. The Supplier does not advertise or offer the merchant's wines for sale in its own name, does not set the merchant's retail prices, does not take customer payment for wine, and is not the seller, reseller, distributor, importer, producer, packer, warehouse operator, delivery carrier, payment provider or alcohol-license holder for any wine sold through the merchant's store.

The contract for every wine sale is solely between the merchant and its customer. The merchant is the seller of record and remains solely responsible for checkout, payment, taxes, age verification, delivery, fulfilment, customer communications, cancellations, refunds, returns and all consumer-law obligations. Nothing creates an agency, partnership, franchise, employment or joint-venture relationship.

2. Wine quality, defects and product claims

The merchant is solely responsible for the identity, title, authenticity, provenance, vintage, producer, description, images, price, stock status, alcohol content, allergens, labelling, packaging, storage, condition, merchantability, fitness, safety and legal compliance of every product it lists or sells. The Supplier does not inspect, possess, store, handle, ship or test wine and gives no warranty about wine quality or freedom from cork taint, oxidation, heat damage, breakage, shortage, substitution, misdescription, recall or other defect.

All product complaints, statutory remedies, guarantees, refunds, replacements, recalls and claims for loss or injury arising from a wine or its delivery must be handled by the merchant, except to the extent directly caused by the Supplier's breach of these terms.

3. How recommendations work

Recommendations are automated and may be AI-assisted. They use shopper answers, merchant catalogue data, mapped wine information, price constraints and reported availability. Wine appreciation and food pairing are subjective. A recommendation is guidance only, not an endorsement, certification, guarantee of customer satisfaction, or medical, nutritional, allergy, legal or professional advice.

The merchant must not represent a recommendation as a guarantee. Prices and availability may change between recommendation, basket and checkout. The merchant must ensure its checkout performs the final product, quantity, price, tax, delivery and stock validation. The Supplier does not guarantee any impression, engagement, basket addition, completed checkout, sale, conversion rate, average order value, customer retention, revenue, profit, search ranking or other commercial outcome. The merchant remains responsible for testing the widget in its theme and markets, monitoring its effect, choosing its placement and promptly disabling it if the merchant reasonably believes it is harming the storefront or customers.

4. Merchant obligations

• Maintain complete and accurate product, variant, price, tax, stock, shipping and availability information.
• Hold every licence, registration, permission and insurance required to advertise, sell and deliver alcohol in each market served.
• Implement legally adequate age gates, age verification, delivery checks, responsible-drinking notices and geographic restrictions, and do not place or promote the Wine Finder on a service directed primarily to children.
• Provide customers with the merchant's own terms of sale, privacy notice, returns/refund policy, delivery policy, business identity and statutory information.
• Keep reasonably prominent, before a shopper submits preferences, the Wine Finder's automated/AI-assisted recommendation notice, statement that the merchant sells and fulfils the wine, and links to the Wine Finder User Terms and Privacy Statement; do not remove, obscure or contradict those disclosures.
• Disclose the use of an automated wine recommender and My Next Wine as a service provider wherever required by applicable privacy, AI, consumer or advertising law.
• Ensure that product descriptions, claims, images and catalogue data are lawful, non-infringing and may be supplied to and processed by the Service.
• Keep Shopify administrator access secure and promptly notify the Supplier of suspected compromise or misuse.

5. Merchant data and licence

The merchant retains ownership of its store content and product data. It grants the Supplier a worldwide, non-exclusive, royalty-free licence during the Service term to access, copy, normalise, map, transform, display and otherwise process that content only as reasonably necessary to provide, secure, support and improve the Service. The merchant warrants that it has the rights required to grant this licence.

As between the parties, the merchant owns and controls its customer accounts, customer lists, leads, customer relationships and associated goodwill. The Supplier acquires no ownership interest in them merely by providing the Service. The Supplier will not use Wine Finder preference inputs to market wine directly to shoppers or create a reusable direct-to-consumer marketing profile, except where a shopper separately and directly uses or opts into a distinct My Next Wine B2C service under separate Irish B2C terms and privacy disclosures.

6. Data protection

6.1 Roles

The merchant is normally the controller of shopper and customer personal data processed through its store. For shopper preference inputs and recommendation requests processed solely to provide the Service on the merchant's instructions, the Supplier acts as processor. The public Wine Finder widget Service covered by these terms does not request access to or read completed Shopify orders. This does not alter the Supplier's separate existing B2C Shopify integration, which may process customer details and create, retrieve and manage Shopify draft orders under its own merchant arrangement and privacy disclosures. B2C draft-order and customer data is not used by the Wine Finder widget for recommendations, widget analytics or widget billing. The Supplier acts as an independent controller for merchant account administration, Shopify billing records, security, fraud prevention, legal compliance and its own business records. The Privacy Statement explains these activities in more detail.

6.2 Processor terms

Where the Supplier acts as processor, the subject matter is operation of the Wine Finder; the duration is the Service term plus secure deletion/retention periods; the purpose is recommendation generation, catalogue operation, aggregate widget and basket reporting, support and security; data subjects may include merchant users and shoppers; and data may include store identifiers, technical request data, preference inputs, recommendation/session references and selected products.

The Supplier will:

• process personal data only on documented instructions in these terms and the merchant's use of the Service, unless law requires otherwise;
• ensure authorised personnel are bound by confidentiality and apply appropriate technical and organisational security measures;
• use subprocessors under written data-protection obligations and remain responsible for their processing;
• reasonably assist with data-subject requests, security incidents, impact assessments and regulatory enquiries, taking account of the nature of processing;
• notify the merchant without undue delay after becoming aware of a personal-data breach affecting processor data;
• on termination, delete or return processor data as reasonably requested, except where law or legitimate record-retention requirements require limited retention; and
• make information reasonably necessary to demonstrate compliance available and permit proportionate audits no more than once annually, subject to confidentiality, security and cost controls.

The merchant gives general authorisation for subprocessors used for hosting, databases, monitoring, support and AI-assisted recommendation generation. The Supplier will give reasonable advance notice of a material new subprocessor through the app, the published subprocessor list, email or another reasonable channel. The merchant may object on reasonable data-protection grounds before the notified appointment; the parties will work in good faith on a reasonable solution, and if none is available the merchant may terminate the affected Service. International transfers will use a lawful transfer mechanism where required.

The merchant will provide only lawful instructions, maintain an applicable legal basis, honour Shopify Customer Privacy consent signals, give required privacy and AI notices, respond to data-subject requests, and avoid requesting or submitting special-category, sensitive or customer-identifying information through free-text preference fields. The merchant remains responsible for determining whether the Service is lawful and appropriately configured in every market in which it is deployed.

Where US state privacy law applies and the Supplier processes personal information for the merchant, the Supplier acts as the merchant's service provider/processor for the specific business purposes described in these terms. The Supplier will not sell or share that personal information, use it for cross-context behavioural advertising, retain/use/disclose it outside those purposes or the parties' direct business relationship, or combine it with personal information received from another source except as legally permitted for a service provider/processor. The Supplier will provide the level of privacy protection required of a service provider/processor, make reasonable compliance information available, and permit proportionate monitoring or assessment subject to confidentiality and security controls. The Supplier will notify the merchant if it determines it can no longer meet these restrictions, and the merchant may take reasonable steps to stop and remediate unauthorised use.

7. Trial, pricing and Shopify billing

The plan includes a 30-day free trial beginning when the merchant approves the charge in Shopify. After the trial, the recurring fee is EUR 29.99 every 30 days, plus any tax shown by Shopify. The recurring fee is not linked to order volume or attributed sales, and this app version creates no separate per-order usage charge.

Shopify displays and collects the charge. Shopify's billing records and applicable platform terms govern billing-cycle timing, invoicing, currency conversion, taxes, credits and payment collection. No fee is charged merely because a recommendation is displayed.

8. Cancellation, suspension and termination

The merchant may cancel through the app or uninstall through Shopify. Cancellation prevents future Service renewal but does not automatically reverse a valid charge already incurred. The Supplier may suspend or terminate access for non-payment, security risk, unlawful use, material breach, platform restriction or conduct likely to harm customers, Shopify, the Supplier or another person. Where practical, the Supplier will give notice and an opportunity to remedy a remediable breach.

9. Availability, Shopify and changes

The Service is provided on a commercially reasonable, as-available basis. No uninterrupted, error-free or permanently compatible operation is promised. Maintenance, Shopify changes, themes, third-party services, internet failures and security events may affect availability. The Supplier may modify the Service for legal, security, technical or product reasons and will give reasonable notice before materially removing paid core functionality where practical.

Shopify is an independent platform provider and is not a party to these terms. The Supplier does not guarantee initial or continuing Shopify App Store approval, listing, ranking, review outcome, API access, theme compatibility, billing availability or platform availability. Shopify may change requirements, reject or remove an app, restrict a store or API, or discontinue functionality. Such platform action is not a Supplier breach unless directly caused by the Supplier's material breach of these terms. The merchant must also comply with Shopify's applicable terms and policies.

10. Intellectual property

The Supplier and its licensors retain all rights in the Service, recommendation technology, mappings, databases, designs, software and documentation. During an active subscription, the merchant receives a limited, non-exclusive, non-transferable, revocable right to use the Service for the connected Shopify store. Feedback may be used without restriction, but the Supplier will not identify the merchant publicly without permission.

11. Acceptable use

The merchant must not reverse engineer except where a non-excludable law permits it, scrape or resell the Service, bypass billing or security, overload the Service, introduce malicious code, interfere with another merchant, use the Service unlawfully, or use recommendations to mislead customers or infringe another person's rights.

12. Confidentiality

Each party must protect the other's non-public business, technical and commercial information using reasonable care and use it only for this relationship. This does not cover information already lawfully known, independently developed, publicly available without breach, or required to be disclosed by law.

13. Warranties and disclaimer

Each party warrants that it has authority to enter these terms. Except for express commitments in these terms and rights that cannot lawfully be excluded, the Service and all recommendations are provided without implied warranties, including warranties of fitness for a particular purpose, merchantability, accuracy, non-infringement, platform approval, compatibility, conversion uplift or other commercial outcome.

14. Liability

Nothing excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, wilful misconduct, or any liability that cannot legally be excluded or limited. Subject to that, neither party is liable for indirect, incidental, special or consequential loss, or loss of profit, revenue, business, anticipated savings, goodwill or data.

Subject to the previous paragraph, the Supplier's total aggregate liability arising from the Service in any 12-month period is limited to the greater of (a) the Service fees paid or payable by the merchant for that period and (b) €500. Without limiting the excluded-loss wording above, the Supplier is not liable for alleged loss of conversion, basket or checkout completion, average order value, ranking, traffic, attribution, customer relationship, sales or revenue; inaccurate merchant catalogue data; wine defects; or Shopify review, suspension, removal, API, billing or availability decisions. The limitations apply to the fullest extent permitted by law and whether claims arise in contract, tort, negligence, statute or otherwise.

15. Merchant indemnity

The merchant will indemnify and defend the Supplier and its personnel against third-party claims, losses, recalls, penalties, damages and reasonable legal costs arising from the merchant's wines, product defects, alcohol advertising or sales, licensing, age verification, taxes, fulfilment, delivery, customer terms, store content, infringement, data-protection breach or violation of law, except to the extent directly caused by the Supplier's breach, negligence or wilful misconduct. The Supplier will give prompt notice of an indemnified claim, allow the merchant reasonable control of its defence and settlement, and provide reasonable cooperation at the merchant's cost. The merchant must not settle a claim in a way that admits fault by, imposes non-monetary obligations on, or fails to fully release the Supplier without the Supplier's prior written consent, not to be unreasonably withheld.

16. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the effect and resumes performance when practicable.

17. Changes to terms

The Supplier may update these terms for legal, security, platform or product reasons. Material changes will be notified through the app or another reasonable channel. Where a change materially reduces the merchant's rights or increases its obligations, renewed express acceptance may be required. Continued use after the notified effective date constitutes acceptance where legally permitted.

18. General

These terms, the Privacy Statement and the Shopify billing approval are the entire agreement for the Service and replace earlier statements about it. The merchant confirms that it has not relied on any promise of sales, conversion uplift, exclusivity, platform approval or other commercial result not expressly stated here. If Shopify's mandatory platform terms conflict with these terms, the platform terms control only for the affected Shopify matter. The merchant may not assign these terms without consent; the Supplier may assign them as part of a reorganisation, financing or sale of the Service. Failure to enforce a term is not a waiver. Invalid terms are severed or reduced to the minimum extent necessary, and the remainder continues. No shopper or other third party is entitled to enforce these Merchant Terms. Sections intended by their nature to survive termination, including payment, data protection, confidentiality, intellectual property, disclaimers, liability, indemnity and disputes, survive.

19. Governing law and disputes

These terms are governed by Irish law. The courts of Ireland have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court and mandatory rights or jurisdiction rules that cannot be excluded remain unaffected. Before proceedings, the parties will first try in good faith to resolve the dispute through their nominated business contacts.