Preamble
The General Conditions of Sale (hereinafter "the present Terms and Conditions of Sale") are finalized between on the one hand the company 10-Vins, a simplified joint-stock company, registered in the Nantes Trade and Companies Register under the number 789 842 614 and whose head office is located at the address 7 Rue La Tour d'Auvergne, 44200 Nantes (hereinafter "10-Vins"), and on the other hand the Customer designating the person who has identified themselves and placed an order for the purchase of a product offered for sale via the website www.10-vins.com (hereinafter the "Site").
The Legal Notices as well as the price conditions available on the site also apply to the sale contracts finalized via the Site, between 10-Vins and the Customer. No other contractual stipulation from documents sent or given by the Customer may be included in the present agreement.
Only the express acceptance of 10-Vins pertaining to one or the other of these documents will be enforceable. The Customer, who is either a consumer or non-professional, has, as such, specific rights which are particularly detailed in the Consumer Code.
The Customer acknowledges that these rights will be hindered if the products such as defined below are acquired, via the Site, for a professional purpose.
The Customer declares to be at least 18 years of age and to have the legal capacity allowing them to place an order on the Site.
1. Subject ↑
The purpose of the present terms and conditions of sale are to determine the conditions by which any act of purchase of one or more of the products presented on the website shall be performed (hereinafter "the Product(s)"). In general, the Customer and 10-Vins expressly accept the possibility to exchange information via email.
2. Terms and conditions of the sale ↑
The sale of the Products presented on the website will carried out in two ways. The Customer can order a Product - wine by the glass (bottle) or bottle of wine or accessory or D-Vine - either directly or via the purchase of a subscription for a period of 3, 6 or 12 months. The subscription is only for the bottles.
3. Process for orders ans subscriptions ↑
3.1 Orders or subscriptions (hereinafter "the Orders") will be purchased via the Site or by phone.
3.2 IDENTIFICATION OF THE CUSTOMER ON THE SITE Via the Site, the Customer must first identify themselves by giving their contact information. Once identified, the Customer can finish their Order and reconnect by using a username consisting of their e-mail address and a password that they will have chosen. The password is strictly personal and must be kept in a confidential manner. The Customer expressly recognizes that entering their username is the same as identification on their part.
3.3 PROCESSING THE ORDER VIA THE SITE The sale contract shall validly come into effect when, once their username is entered, the Customer has placed their Order (1st click), has been able to read and accept the terms and conditions of sale, has verified the content of their Order, has corrected any errors and confirmed it by a second click, in accordance with the provisions of Articles 1369-1 to 1369-6 of the Civil Code.
3.3 PROCESSING THE ORDER PLACED VIA THE SITE The double-click procedure is equal to consent on the Customer’s part and shall lead to the payment of the amounts due in conformance with the execution of the Order by 10-VINS. 10-VINS will acknowledge receipt of the Order which has been duly confirmed by the Customer, by sending an e-mail. It is strongly recommended that the Customer should keep this acknowledgment of receipt email specifying in particular the Order number and transmitting the applicable general terms and conditions of sale.
3.4 PROOF OF THE TRANSACTION The computerized registers, kept in the 10-VINS computer systems in reasonable safety conditions , will be considered as proof of the communication, the Orders and the payments that occurred between the Parties. The archiving of Order forms and invoices will be done on a reliable and durable medium that can be produced as evidence.
3.5 EXECUTION OF THE ORDER — UNAVAILABILITY OF THE PRODUCTS Indications on the availability of the Products are provided on the Site. Errors or changes may exceptionally occur. Indeed, taking into account the particularity of the Products - wine-, the Product can become spoiled or defective during transport to the 10-Vins warehouses. If the Products are unavailable or defective after the Customer has placed their Order, 10-VINS undertakes to inform the Customer as soon as possible. The provisions of paragraph 2 of article L121-20-3 of the Consumer Code are then applicable.
3.6 LIMITATION OF THE ORDER In consideration of the rare or speculative nature of some of the Products offered on the Site and in order to allow the greatest number to benefit from the offers and Products proposed by 10-VINS, ad hoc restrictions on the quantities available per Order can be applied. In this case, the quantity available is understood as being limited per Customer (same name, same address, same account holder). 10-VINS will be able to indicate the application of ad hoc restrictions on the Site and will reserve the right to refuse an Order in case of doubt on the existence of a previous Order in the past for the same product already placed by the same Customer.
3.7 CANCELLATION OF THE SUBSCRIPTION The Customer can cancel their subscription at any time, without justification, by sending 10-VINS a registered letter with acknowledgment of receipt. The reimbursement of the subscription will be done by purchase vouchers for an amount corresponding to the value of the end of the subscription. The end date of the subscription is that of the first presentation of the registered letter to 10-VINS by the post office.
4. Price conditions ↑
The prices indicated on the Site are in Euros (€) (all taxes included). The sales tax is the legal rate applied in France. 10-VINS may change the prices of its Products at any time. However, changes do not apply to Orders once the sale contract has validly come into effect (article 3). In addition to the price of the Product, the Customer will need to pay on one hand, the shipping fees depending on the geographical area and according to the weight of the Order concerned and on the other hand, other possible fees indicated on the Order summary.
5. Payment ↑
Any payment made before the delivery is considered neither as a deposit nor an advance payment. The payment will be carried out only by credit card on the Site or by phone, both fully secure means, at the time of validating the Order. The preparation of the Order will begin after the receipt and cashing of the payment. 10-VINS reserves the right to suspend any Order management and any delivery in the event of credit card refusal by officially accredited organizations or in the event of non-payment.
10-VINS reserves the right to refuse to carry out a delivery or accept an Order coming from a Customer who has not fully or partially paid a previous Order or with whom a there is a pending payment dispute. 10-VINS can implement a procedure for checking Orders which is intended to ensure that no one is using the bank information of another person without their knowledge. In the framework of this check, the Customer can be requested to send to 10-VINS a copy of an ID card as well as a proof of address by e-mail at contact@10-vins.com. The Order will then be validated only after receiving and checking the parts sent.
By purchasing a subscription, the Client undertakes to pay all the costs covering the chosen subscription period at the time of the Order. No refund will be offered, apart from the one provided for in the framework of the withdrawal option of article 7. Title retention clause 10-VINS shall retain ownership of the Products sold until the effective payment of the full price for all the goods. The default of payment, even partial, may result in the Products being reclaimed.
6. Delivery ↑
6.1 COUNTRIES THAT CAN BE DELIVERED Orders can be delivered only in metropolitan France, Corsica and Monaco. As well as in some of the countries of the Europe zone: (UK, Belgium, Spain, Portugal, Italy, Germany, Luxembourg, Netherlands and
Swiss)
6.2 SHIPPING FEES Shipping fees will be charged in addition to the price of the Product. The amount shipping depends on the geographical area concerned and the amount of the order. For subscriptions, shipping fees are already included in the price.
6.3 DELIVERY TIMES The delivery times begin only from the date of the full payment of the order. They are expressed in business days from the date of shipment. For Products that are in stock on the Site, the preparation of the Order is carried out within 72 business hours, and delivery within 48 hours. For Products that are under procurement on the Site, the preparation of the Order is carried out within 7 business days, and delivery within 48 hours. For Products advertized in pre-order, the estimated delivery date is indicated in the information relating to the product. A maximum delivery time will be indicated in the Order confirmation e-mail. In accordance with Article L114-1 of the Consumer Code and for any Order of an amount equal to or greater than 500 euros, the Customer has the right to request the cancellation of their Order in the case of overruns of more than 7 days from the delivery time originally planned (provisions not applicable to non-EU residents). The Customer will need to cancel their Order by sending a registered letter with a request for acknowledgment of receipt sent to 10-VINS, 7 Rue La Tour d'Auvergne, 44200 Nantes.
6.4 DELIVERY ISSUES DUE TO TRANSPORT Any anomaly concerning delivery (damage, missing product compared to the delivery slip, damaged parcel, broken Products, etc.) must be specified, in detail, on the delivery slip in manuscript form, accompanied by the Customer’s signature. In order for these reservations to be taken into account, the Customer will need to confirm this anomaly by sending a certified letter with acknowledgment of delivery exposing the aforementioned complaints to the carrier within three (3) business days following the delivery date. They will have to send a copy of this letter, by e-mail or by ordinary mail to: 10-VINS, 7 rue La tour d'Auvergne, 44200 Nantes.
7. The withdrawal option and the terms and conditions for exercising the withdrawal option ↑
In accordance with article L121-20 of the Consumer Code, the non-professional Customer has a period of 14 days to withdraw from the date of receipt of the Product(s). If the above time limit expires on a Saturday, a Sunday or a public holiday, it will be extended until the first following business day. The Customer must notify their decision to withdraw by sending an e-mail to the following address: contact@10-vins.com. The Customer’s e-mail will have to specify the Order number indicated in the confirmation e-mail sent by 10-VINS to register the Order. The Product as well as a copy of the e-mail will be returned by Colissimo or Chronopost to 10-VINS, 7 Rue La Tour d'Auvergne, 44200 Nantes. Only Products returned whole (including accessories) and in a perfect state of resale will be taken back. Any Product which has been damaged, or which can no longer be re-marketed, will be neither refunded nor exchanged. The Product must be returned with its original packaging when it is indispensable for the resale. The box itself with the bottles but also the packaging (cardboard or wood) of the bottle are particularly referred to here. The withdrawal option will not apply to bottles as well as the bottles of wine which have been unsealed by the Customer or whose label has been damaged. Any Product which will have undergone a transformation will not be refunded or exchanged. This withdrawal option will be exercised without penalty, with the exception of the return fees. 10-VINS undertakes to proceed with the aforementioned refund no later than within 30 days following the date on which the option has been exercised.
8. The After Sales Service - The warranty ↑
Whatever the nature of the claim (defective Product, a delivery issue…), the Customer must, in all cases, keep the product in such a way that it remains fit for remarketing - the original packaging which is indispensable for resale, as well as the different labels on the Products must be kept intact -, until the claim is processed. The Customer must also communicate their Order number.
8.1. THE AFTER SALES SERVICE 10-VINS will provide the Customer with the following e-mail address: contact@10-vins.com and the phone number indicated on the Site. Any request for after-sales service under the warranty should beforehand be the subject of a request e-mail to 10-VINS, which will then initiate a "return ticket" and specify the procedure to follow.
8.2 – THE PRODUCT WARRANTY Any product sold enjoys the legal provisions of the warranty against latent defects (article 1641 and following of the Civil Code) and the legal warranty of conformity (Articles L211-4 to the211-14 of the Consumer Code). Damage of external origin such as coming from an improper use of the Products is excluded from the warranty. For any warranty request, the Product must be shipped to the address indicated by 10-VINS during the warranty claim request. The package must be accompanied by a copy of the invoice and an explanatory letter specifying the problem.
9.Return fees ↑
To the extent where the product is recognized as defective and that the warranty is actuated, the return fees incurred by the Customer for the warranty claim request as well as the shipping fees are at the charge of 10-VINS. However, if the warranty is not recognized, the Product will be shipped back at the expense of the Customer. The return fees of the Product warranty claim request will also be paid by the Customer. 10. Responsibility ↑ In accordance with the provisions of article L121-20-3 of the Consumer Code, 10-VINS will be responsible for the proper execution of the Order. Nevertheless, any poor execution due to a cause attributable to the Customer, a case of force majeure, or even an unpredictable or insurmountable act committed by a third party uninvolved with the supply of the Order can exempt all or part of the responsibility of 10-VINS.
10. Responsibility ↑
In accordance with the provisions of article L121-20-3 of the Consumer Code, 10-VINS will be responsible for the proper execution of the Order. Nevertheless, any poor execution due to a cause attributable to the Customer, a case of force majeure, or even an unpredictable or insurmountable act committed by a third party uninvolved with the supply of the Order can exempt all or part of the responsibility of 10-VINS.
11. Miscellaneous provisions ↑
If any of the stipulations of the present terms and conditions is null, it will be deemed unwritten, but will not lead to the nullity of all of the contractual provisions. Any tolerance or waiver of one of the Parties, in the application of all or part of the commitments made in the framework of the present terms and conditions, regardless of the frequency and duration, cannot be considered a modification of the terms and conditions, nor generate any unspecified right.
12. The settlement of disputes ↑
The present terms and conditions are subject to French law. 10-VINS and the Customer will endeavor to informally resolve any dispute which could arise during the interpretation or the execution of any order. In the absence of an agreement between 10-VINS and the Customer, any dispute will be submitted to the competent court of the place of domicile of the defendant, or if the latter so chooses, the place of delivery of the Product. Nevertheless, in the case of a professional Customer, the Commercial Court of Nantes will be solely competent. The abuse of alcohol is dangerous for your health. Please consume and enjoy it in moderation. Updated May 23, 2014