TERMS OF SALE
Article 1 – Acceptance
In the absence of special provisions contained herein and expressly agreed by the parties, all orders imply the buyer’s unconditional acceptance of these Terms of Sale, which shall prevail over all other documents the buyer may provide and over any other terms of sale, which are not binding on the seller.
Article 2 – Order
All orders are irrevocable and may not be changed without the express consent of the seller. Orders are final only when the entire sale price has been fully paid to the seller. Offers are made within the limits of available stocks, barring prior sale thereof. Stocks cannot be guaranteed.
Article 3 – Delivery
Wines are delivered in wooden or cardboard cases in increments of 1, 2, 3, 6 or 12 bottles deliverable at once to the same place. The seller may not be held liable for deliveries rendered impossible by an error in the delivery address. While the seller makes every effort to deliver by the indicated date, the latter is provided for informational purposes only. Delays in delivery shall not give rise to damages or compensation of any kind whatsoever and shall not constitute grounds for cancelling the order.
Article 4 – Returns
In accordance with Article L.121-16 of the French Consumer Code, the buyer has seven clear days from receipt of the order to refuse the items delivered. In this case, the merchandise may be returned in its original packaging at the expense of the buyer, and will be reimbursed net of the original shipping cost if it is determined, upon verification, that the items have not been damaged in any way.
Article 5 – Quality
In accordance with international practices, the seller is not obliged to exchange corked bottles. Moreover, while the wine is stored in ideal conditions in its cellars, the seller cannot guarantee the quality of older vintages.
Article 6 – Shipment
The merchandise travels at the risk of the recipient. In case of failure to deliver or damage at receipt, the buyer must send a registered letter to the carrier within seventy-two (72) hours, with a copy addressed to the sender. After this period, no claim will be accepted.
Article 7 – Disputes
Failing amicable resolution, all disputes shall be brought before the commercial court having jurisdiction over the seller’s registered office, i.e. the Commercial Court of Nanterre.
Article 8 – Retention of title
Pursuant to French law no. 80 336 of May 1, 1980 on retention of title, the seller retains title to the merchandise supplied until full payment has been made.
Article 9 – Protection of minors
Pursuant to Article L.3342-1 of the French Public Health Code prohibiting the sale of alcohol to minors under 16, the buyer agrees that he or she is at least 16 years of age the day the order is placed.
Article 10 – Information technology and liberties
Pursuant to French law no. 78-17 of January 6, 1978, you have the right to access and rectify information concerning you. For more information, please contact customer services.
Article 11 – Legal information
Alcohol abuse is harmful for your health. Drink and enjoy in moderation.
LEGAL NOTICE: www.vinoptimo.com
The website www.vinoptimo.com is published by Vinoptimo SARL, a French limited liability company (société à responsabilité limitée) with capital of €10,000 and whose head office is located at 79, rue d’Aguesseau, 92100 Boulogne Billancourt.
Legal representative and Publishing Director: Aurélien Grevet
Preamble
These Terms of Use govern access to www.vinoptimo.com (hereinafter the “Site”) and the conditions under which the User unconditionally accepts to use the Site by the sole virtue of connecting to it.
Site users
Any person accessing the Site, whether individual or professional, is considered a User of the Site. The User is informed of the risks inherent in using the internet, particularly in terms of:
– Lack of security in data transmission,
– Lack of guarantee of continued access to the Site or to different services offered by the Site.
Under no circumstances may the Publisher be held responsible for these risks and any resulting detriment to the User, whatever the scope of the prejudice may be.
Each User must take the steps necessary to protect his or her data, hardware and software from contamination from viruses or other attacks that could potentially be transmitted through the Site or the information published.
Links to our content
The site and information published therein are reserved for:
– consultation of information through the Publisher’s automated data processing system;
– the User’s strictly private and non-commercial use, that is in no way intended to generate collective free or paid use.
Links to pages of the Site are tolerated insofar as these pages are opened in a new browser window. The Publisher reserves the right in all circumstances to disallow the use of a link to the Site if it esteems that the link is liable to prejudice its interests.
The User is legally authorized to quote short passages, analyze and reproduce content for press reviews and for other uses expressly permitted by law and within the limits and conditions set out by the latter, provided that he or she cite the names of the authors and the editorial source.
Prohibited Activities
Article 41, paragraph 2 and 3, of the French law of March 1957 allows for copies and reproductions that are strictly reserved for private use and not intended for collective use, in addition to short quotes for illustrative purposes. Therefore, “all partial or total representation or reproduction made without the consent of the author, rights holders or assignees is forbidden” (Article 40, paragraph 1). All such representations or reproductions would constitute an infringement punishable under Articles 425 et seq. of the French Penal Code.
All reproductions, representations and uses other than those mentioned above are prohibited without the prior written consent of the Publisher. Unauthorized uses include:
– Any adaptation, available to the public upon request or not, distribution, redistribution in any form whatsoever, networking, or public disclosure of all or part of the works, services, trademarks or any component of the Site that is protected or liable to be protected by intellectual property laws;
– Any extraction or reuse, including for private purposes, of a substantial part of the contents of the databases developed by the Site;
– Any link, access, modification, addition, or removal relating to the automated processing system for online publishing and that alters the conditions of publication and editorial policy.
Fraudulent behavior
Any breach of these Terms of Use exposes the User to civil or criminal prosecution aiming to punish, in particular, copyrights or related rights, rights of producers of databases as well as rights of those responsible for creating automated data processing systems.
The User is reminded that the French Penal Code (Article 323-1 et seq.) provides for penalties of up to five years imprisonment and fines of €75,000, for behaviors including:
– fraudulent access to and maintaining of automated data processing systems,
– fraudulent removal, alteration or adding of data to this system,
– obstructing this system.
Site Administrator
The administrator ensures the proper functioning and monitors the security of the Site. It shall also facilitate the application of these Terms of Use and ensure fair and responsible behavior on the part of each User.
Host
The website is hosted by OVH – 2 rue Kellermann, 59100 Roubaix
The responsibility of hosting falls under that of a technical service provider as defined in Article 6.I-1 of the Law on Confidence in the Digital Economy of June 21, 2004.
The Host cannot be held liable for any agreements formed between Members or between a Member and a third party.
Site design and production: Partenaire Exécutif – Wsi Digital Marketing