Wrong or Incorrect Item Claims: Marketplace Policy & Handling Guidelines

1. Policy Overview

On the Vivino Marketplace, deliveries where the product received does not match the order are treated as cases involving non-conforming goods, rather than standard returns.

This distinction reflects how many consumer protection laws address situations where goods delivered differ from the product purchased.

Wine is a product category where delayed discovery can occur due to factors such as:

• gifting

• cellaring

• special-occasion consumption

• multi-bottle storage.

As a result, customers may sometimes discover an incorrect item some time after delivery.

Claims relating to incorrect items may therefore still be considered even if some time has passed since delivery, provided the issue is reported within a reasonable period after the discrepancy is discovered and the claim can be reasonably verified.

2. Legal Context

Consumer protection laws governing the sale of goods vary across jurisdictions. In many regions, customers have statutory rights where goods delivered do not conform to the contract of sale.

For example:

European Union

Consumer rights relating to non-conforming goods arise under national laws implementing Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods.

United Kingdom

Similar protections exist under the Consumer Rights Act 2015, which provides remedies where goods are not as described, not of satisfactory quality, or not fit for purpose.

United States

Sales of goods are generally governed by Article 2 of the Uniform Commercial Code (UCC) as adopted by individual states.

Vivino’s marketplace standards are designed to align broadly with these consumer protection principles while providing consistent operational handling across the platform.

Merchant partners remain responsible for complying with the consumer protection laws applicable to their sales activities in the jurisdictions in which they operate.

3. Claim Eligibility

A claim for an incorrect item may be accepted where the available evidence reasonably demonstrates that the product delivered does not match the order placed.

Claims may be accepted where:

• The wine delivered is a different product from the listing

• The vintage differs from the ordered vintage where a specific vintage was advertised

• The bottle size or format differs from the order

• The product label clearly indicates a different wine from the one purchased

• The SKU or product identifier differs from the order confirmation

• Other clear discrepancies between the order and the delivered product can be verified

Claims may be declined where:

• The product delivered matches the order listing

• The discrepancy cannot be reasonably verified

• Evidence is insufficient to confirm a mismatch

4. Claim Timing

Customers should report incorrect-item claims within a reasonable period after discovering the discrepancy. Because wine is frequently purchased for gifting, storage, or later consumption, delayed discovery alone does not automatically invalidate a claim. However, claims submitted long after delivery may require stronger supporting evidence in order to be verified.

Vivino may decline claims where the available information does not allow the discrepancy to be reasonably confirmed.

5. Evidence Requirements

To evaluate a claim, Vivino Customer Support may request reasonable documentation from the customer.

Evidence may include:

• Photographs of the delivered bottle

• Photographs of the product label or vintage

• The bottle size or packaging

• Photographs of the shipping box or packaging materials where available

The delivered product is then compared against the order details and product listing. Where the available evidence reasonably confirms that the delivered item does not match the order, the claim may be approved.

6. Operational Handling Process

When an incorrect-item claim is submitted:

1. Customer Support collects relevant evidence from the customer.

2. The delivered product is compared against the order details and product listing.

3. Where a mismatch is verified, the case is classified as a fulfillment error.

Where a verified mismatch exists, the customer may receive an appropriate remedy, which may include a refund or replacement in accordance with Vivino marketplace policies and applicable consumer protection requirements.

In order to maintain customer trust and ensure consistent marketplace standards, Vivino may review and resolve incorrect-item claims based on the information reasonably available at the time of the decision. Where the available evidence indicates that the delivered product does not match the order, Vivino may determine the appropriate customer remedy in accordance with this policy and applicable marketplace terms. Vivino’s determination of claim eligibility and the appropriate remedy will be based on the evidence provided by the customer, the merchant, and relevant order information.

Merchants may be asked to provide additional information relevant to the order or fulfillment process when a claim is under review. Failure to provide requested information may limit the ability to evaluate the claim and may result in a decision based on the information available.

7. Financial Responsibility

Where an incorrect item results from:

• Packing errors

• Fulfillment mistakes

• Shipping mix-ups

• SKU mismatches

Responsibility generally rests with the party responsible for packing and shipping the order.

Where evidence confirms that the incorrect item resulted from the seller’s fulfillment process, merchant financial responsibility may apply. Customer remedies are provided in accordance with Vivino marketplace policies and applicable consumer protection requirements.

8. Purpose of This Policy

This policy is intended to:

• Maintain trust in the Vivino marketplace

• Ensure consistent handling of incorrect-item claims

• Align marketplace operations with consumer protection principles

• Provide predictable expectations for customers and merchant partners

Legal Disclaimer

This document is provided for informational purposes only and does not constitute legal advice. Merchant partners remain responsible for understanding and complying with the laws and regulations applicable to their sales activities in the jurisdictions where they operate. Merchants should consult official government guidance or qualified legal advisors where appropriate.