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General Terms and Conditions of Sale
Each of the expressions mentioned below, whether used in the singular or plural form, will have the following meanings in the present contract:
General Terms and Conditions: refers to the present general terms and conditions of sale.
Publisher: refers to Wine Uncovered which is operated by Olivier HICKMAN Micro Enterprise BNC with company registration (SIRET) number of 44388389700029 and headquartered at 147 Chemin de la Jacquette, 84110 Sablet.
Vendor: refers to SARL Des Vignes Aux Vins,, with capital of € 6000, the headquartered at 320 Avenue Ulysse Fabre, 84110 Vaison-la-Romaine, registered in the Registre du Commerce et des Sociétés (registry of commerce and businesses) of Avignon under number 802 783 175.
Client or Buyer or Internet User: refers to the person or legal body or entity placing an order for products on the Website www.wine-uncovered.com.
The online shop or the Internet Site: refers to the Website www.wine-uncovered.com.
The Professional: refers to the professional who benefits from the Internet solution offered by the Publisher that enables the Client to purchase wine on the Website.
The Parties: refers to the Publisher, the Vendor and the Client.
The purpose of these general terms and conditions is to establish the rights and responsibilities of the parties within the context of the on-line sale of products offered by the Vendor to the Buyer.
Offers available at the on-line shop are exclusively reserved to individual clients, excluding professional resellers.
The present terms and conditions concern only purchases made in France.
The present terms and conditions express the entirety of the Parties’ obligations. In this sense, the Buyer is deemed to accept them unreservedly. The Vendor and the Client agree that these general terms and conditions shall exclusively govern relations between them. The Publisher and Vendor reserves the right to modify these terms and conditions on an ad hoc basis. They will become applicable as of their online publication. Should a condition of sale be lacking, it would be considered as governed by customs in effect within the distance sales sector in France.
Should one or several stipulations of these general terms and conditions be considered invalid or declared as such in accordance with a law, a regulation or as a result of a definitive ruling by a competent jurisdiction, the other stipulations shall remain in force to their full extent.
When placing an order, the Client has the following options:
To directly access the Website www.wine-uncovered.com;
To use a personal smart-phone or tablet to access the website.
For the order to be validated, the Buyer must accept these terms and conditions on the indicated button. He/she must also choose the address and shipping method, and, lastly, validate the means of payment. Every order constitutes acceptance of prices and descriptions of wines available for sale. In some cases, such as non-payment, incorrect address or other problem on the Buyer’s account, the Vendor reserves the right to block the Buyer’s order pending the resolution of the problem. Products presented are available while supplies last. Consequently, the Vendor shall in no case guarantee the availability of wines for sale during a given period. All claims by the Buyer regarding the order or delivery of a product mentioned as not available on the website shall be considered unfounded.
The publisher and vendor have implemented a system for updating stocks. Nevertheless, should a product become unavailable after an order has been placed, the Vendor agrees to inform the Client by e-mail at the earliest opportunity. The Client may then request an exchange for the wine ordered or the cancellation of the order by sending an e-mail to “contact@wine-uncovered.com” or by making the request directly on the “CONTACT US” page of the website. In such cases, the Vendor agrees to refund the amount paid by the Client within a maximum period of 30 days. When applicable, the rest of the order remains firm and final.
Order confirmation: Contractual information shall be subject to confirmation by e-mail at the time of delivery at the latest or, failing that, at the address provided by the Buyer on the on-line form.
The on-line provision of a credit card number and the final validation of the order will constitute proof of the Buyer’s agreement in compliance with the provisions of law n. 2000-230 of March 13, 2000 and shall constitute:
payability of sums due in respect of the order form,
signature and formal acceptance of all transactions conducted. In case of fraudulent use of a credit card, the Buyer is urged to contact the Vendor at the following number: +33(0)673849947 as soon as the fraud is detected.
Computerised records kept in the information systems of the Vendor and Publisher under reasonable security conditions shall be considered as proof of communication, orders and payments conducted between the Parties. Archiving of orders and invoices is carried out on a secure and durable support that can be provided as proof.
The products governed by these general terms and conditions are those appearing on the Publisher’s Internet site, and that are indicated as available for sale and shipping by the Vendor. They are offered while supplies last. The products are described and presented with the highest possible degree of accuracy. Photographs of products are non-binding. As a reminder: alcohol abuse is dangerous for your health, to be consumed in moderation; alcohol should not be consumed by pregnant women; the sale of alcohol is prohibited to minors; you must therefore certify that you are of legal age and legally able to make purchases on our Internet site.
Prices are applicable within the framework of distance sales and only on the Internet site https://wine-uncovered.com. The Vendor reserves the right to modify prices at any time, but agrees to apply prices in effect on the date an order is placed, subject to availability at that date. Prices are marked in Euros and include processing charges for the order. Prices do not include shipping costs which are charged separately and shown prior to validation of the order. Shipping costs will be calculated based on the country of destination and weight of the order. Under no circumstances will an amount paid be considered as a deposit or advance payment.
Taxes: The price posted includes all taxes for the shipment to USA and the European Union.
Taxes for shipment to other countries: If the shipment is being made to another country, the Client should pay the taxes directly in his country.
Transfer of property . The Vendor retains full and complete property of wines sold until full receipt of all amounts due by the Client as part of his/her order, fees and taxes included. These provisions do not prevent, from the time of delivery, the transfer to the Client of risks of loss or deterioration of the products, subject to reservation of ownership, as well as of any damages that they could cause.
9.1 Credit card payment
The client may pay online using credit cards bearing the CB, VISA or MASTERCARD logos. The Buyer guarantees the Vendor that he/she has all necessary authorizations required to pay by credit card. The Vendor reserves the right to suspend the processing of any orders and any shipping in case of refusal of authorization of payment by credit card by officially accredited organizations. In particular, the Vendor reserves the right to refuse shipping or to honour an order by a buyer who has failed to totally or partially settle a previous order or a buyer with whom there is an ongoing payment dispute. As part of this verification, the Buyer may be asked to provide the Vendor with a photocopy of a valid photo ID as well as proof of address. The order will be validated only after receipt and verification by the Vendor of the documents provided. In accordance with legal provisions, for all credit card payments on the website, the electronic certificate constitutes proof of the amount, date and time of the transaction. Due to the increase in credit card fraud, regardless of the amount of the order, the Vendor reserves the right to either contact the Client at the telephone number provided on the order form or to request a photocopy of the Client’s ID and/or proof of address. In case of doubt regarding the identity of the bearer of the credit card or that of the person placing the order, the Vendor reserves the right to require payment by bank transfer or to cancel the order within a 15-day period after the order has been validated on the website. In such cases, payment for the order shall not be effective, and the amount shall not be debited from the Client’s account.
9.2 Payment by bank transfer
The Client may also pay for his/her purchases by bank transfer to the following account:
IBAN: FR76 3007 7048 5013 4775 0020 047
BIC: SMCTFR2A
It is imperative that the Client mention the order number on the transfer order. Lacking this, he/she may not hold the Vendor responsible for poor management of the order, particularly with respect to delays in shipping and delivery. The order will be processed upon payment, subject to receipt of the full amount. Wines ordered are reserved for 2 (two) working days after the order is placed. Past this period, if payment has not been received, the products will again be offered for sale. In all cases, the validation of the order constitutes signature and express acceptance of all transactions conducted on the website.
In the event of unforeseen emergencies/conditions, which will be posted if possible on the website www.wine-uncovered.com, the Vendor’s online shop and delivery service may be temporarily unavailable.
10.1 Names – In order to comply with USA regulations, the Vendor will request by email additional delivery names from the Buyer for all orders in excess of 12 bottles to be shipped to the USA.
10.2 Packaging – Wine orders are prepared on premises of the Vendor. Prior to shipping the order, the wine is kept in the premises of the Vendor under optimal storage conditions.
Bottles are shipped in boxes of 6. Due to the fragility of wine / wine bottles, we take special measures regarding the conditions of transport. Wine shipments are prepared using customized wrapping and packaging materials specifically designed to protect the wine from breakage.
10.3 Shipping partner. The Vendor reserves the right to choose the appropriate international shipping partner to collect the order from the Vendor’s premises and then deliver that order directly to the address indicated on the Buyer’s order form.
The Shipping Partner works exclusively with well-known transport companies, such as UPS and DHL, that (1) are specialized in the shipment of wine (when possible by air) and that (2) can comply with their demanding specifications.
10.4 Follow-up and mode of delivery:
On the day of the expedition, the Vendor’s shipping partner will notify the Client by email to confirm that the Client’s order has been received by the carrier. The email will indicate a tracking number link with a link to the carrier’s website.
10.5 Delivery deadlines for an order vary between 1 and 5 working days in continental Europe, 2 to 7 days for the PTOM / DROM (French overseas territories and departments) and 2 to 4 weeks for distant destinations requiring complex customs formalities. These deadlines are subject to availability of the transport service. They apply as of the validation of payment or the completion of procedures for the verification of orders set out in these general terms and conditions. They include the procedures for registering and invoicing the order, and lastly, the logistical preparation of the order, to be carried out either in-house or outsourced to one of our partners.
10.6 Delivery address:
Products purchased on the website will be shipped to the shipping address provided by the Client when ordering. Said address will be systematically verified the Vendor’s shipping partner due to the increase in fraud.
Products are delivered to the address provided by the Buyer on the order form. The Buyer is responsible for the accuracy of said address. All packages returned to the Vendor due to an incorrect or incomplete address will be re-shipped at the Buyer’s expense.
All packages returned to the Vendor due to an incorrect or incomplete address will be re-shipped at the Buyer’s expense. Delivery is carried out after confirmation of payment by the Vendor’s bank.
10.7 Reception of your order. On the day of the delivery, please inspect your package and contents carefully to ensure that it did not undergo damage. In the unlikely event that the shipment underwent damage, it is imperative that you (1) refuse acceptance of the order; (2) record your refusal in writing on the documentation of the deliverer; and (3) notify us of your refusal by e-mail via contact@desvignesauxvins.fr.
10.8 In case of absence on the day of the delivery. In the event that you are absent on the day of delivery, and depending on the delivery instructions you provided, the deliverer will leave a notice in your mailbox to inform you of the attempted delivery and provide you with instructions for rescheduling the delivery.
In the event of repeated absences, you will be notified by SMS of the delivery of the package to an alternative delivery address, where you can claim your package.
10.9 Return and refund. Any return of an order is chargeable to the customer. In the event that you wish to return an order, please contact us by email at contact@desvignesauxvins.fr so that we can supply you with the information necessary for the forwarding of your order.
In the event that your package was damaged in shipment, you can choose (1) the replacement of products that have suffered damage (please return the wine in question to us, unless the bottle has been broken in shipment) or (2) the refund of your order, which will be made by bank transfer.
10.10 Insurance: Insurance is provided by the Vendor’s shipping partner. The cost of this insurance is included in the total amount paid by Buyer via the Vendor’s order form. All wine shipments are insured against all risks during the transport, including breakage, theft, and tampering with the bottles or their contents, to ensure that your wine arrives at your premises in good condition.
All products are subject to a contractual warranty which does not prevent the legal warranty set out in articles 1641 et seq. of the Code Civil (civil code). For products delivered damaged, the Client benefits from a warranty that enables him/her to return the items in accordance with articles L211-4 et seq. of the Code de la Consommation (consumer code).
At the time of delivery, should the original packaging be damaged, torn or open, the Buyer should inspect the condition of the bottles. If they have been damaged, it is imperative that the Buyer refuse to accept the package and make a written reservation on the packing slip (package refused because it was open or damaged). The Buyer must indicate on the packing slip, by handwritten reservation bearing his/her signature, all irregularities concerning the delivery (missing product listed on the packing slip, damaged package, broken bottle, etc.). The buyer’s signature or that of a person authorized by him/her, on the packing slip signifies that this inspection has been performed. The buyer must address to the Vendor on the day of delivery or, at the latest, on the first working day following the delivery, all claims concerning errors in the delivery and/or non-conformity of the bottles either in nature or quality in relation to what is indicated on the packing slip. Any claims made after this deadline will be refused.
Claims can be made by e-mail to contact@desvignesauxvins.fr.
Any claims not in compliance with the above mentioned rules and deadlines will not be receivable and will release the Vendor of all liability towards the Buyer.
In case of an error in delivery or exchange, all products to be exchanged or refunded must be returned to the Vendor in their original packaging, by express carrier, and accompanied with the completed return slip to the following address:
SARL Des Vignes Aux Vins , 320 Avenue Ulysse Fabre, 84110 Vaison-la-Romaine, FRANCE
This right of return is without penalties, the Vendor bearing the return costs. The Buyer will be reimbursed by a credit to his/her credit card (secure transaction), within fourteen days following receipt of the product or receipt of proof of the shipping of the product, whichever arrives first.
The Buyer has a 14-working-day period from the date of delivery to return any product that he/she may deem unsuitable and request an exchange or refund without penalty, with the exception of return shipping costs to be borne by the Buyer. Only products returned in their complete, intact, original packaging, and in perfect condition for resale will be accepted. Damaged products or products returned with deteriorated packaging will be neither refunded nor exchanged.
Return procedure . The Buyer must inform the Vendor of his/her wish to return a product/s, prior to the expiration of the 14-day period, by one of the following means:
By telephone: +33(0)6 73 84 99 47
By e-mail: contact@desvignesauxvins.fr
The product must be returned to the Vendor within the same time period, whole, in its original packaging in order to protect the bottles, by express carrier and accompanied with the completed return slip to the following address:
SARL Des Vignes Aux Vins , 320 Avenue Ulysse Fabre, 84110 Vaison-la-Romaine , FRANCE
This right of return is without penalties, with the understanding that return costs are to be borne by the Buyer. In case of an exchange, re-shipping will be done at the Buyer’s expense. The Buyer will be reimbursed by a credit to his/her credit card (secure transaction), within fourteen days following receipt of the product or receipt of proof of the shipping of the product, whichever arrives first.
All circumstances independent of the will of the parties preventing the execution, under normal conditions, of their obligations are considered as causes for exoneration from the parties’ obligations and leading to their suspension. The party invoking the above mentioned circumstances must immediately inform the other party of their occurrence as well as of their disappearance.
Will be considered as cases of force majeure all irresistible events or circumstances external to the parties, unforeseeable, inevitable, independent to the will of the parties, and impossible to prevent by the latter, despite all reasonably possible efforts. In addition to those generally accepted by French courts and tribunals, the following are considered cases of force majeure or fortuitous events: the interruption of means of transport or supplying, earthquakes, fires, storms, floods, lightning, a breakdown of telecommunications networks external to the Clients.
The failure of a party to pursue any breach by the other party of any of the obligations set out in the general
terms and conditions hereof shall not be construed in the future as a waiver of such obligation.
The Vendor shall not be considered as liable for any local taxes, import duties or state taxes that may be payable. Moreover, it is the responsibility of the Client to verify with local authorities the possibilities of import or use of the products that he/she intends to order.
The ordering process involves the gathering of some personal data concerning the Client. In accordance with the data protection act of January 6, 1978, the Client has the right to access and rectify the information concerning him/her. The handling of this data is subject to a declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL) (national commission for data protection and liberties).
These general terms and conditions are subject to the application of French law.
In case of dispute or claim, the Buyer shall first contact the Vendor in the aim of obtaining an amicable solution. Failing this, only French courts shall be competent.
Any proceeding or dispute arising from the present contract concerning a Client residing in France shall be submitted to the courts of the place of residence of the defendant, or, at the defendant’s discretion, the courts where the product was effectively delivered.
In all cases, the address for returns or contact with the Vendor is the following (excluding all other addresses):
SARL Des Vignes Aux Vins , 320 Avenue Ulysse Fabre , 84110 Vaison-la-Romaine , FRANCE
Ph: +33 (0)6 73 84 99 47
Email: contact@desvignesauxvins.fr