GENERAL CONDITIONS OF ACCESS AND USE OF THE WEBSITE

These general conditions of use govern access and use of this website, located at the URL address https://www.WINENCHERS.COM, hereinafter referred to as the “SITE”.

You are referred to herein by the term “User”.

I. LEGAL AGE FOR THE CONSUMPTION OF ALCOHOL

This site provides information on alcoholic beverages and their sale. All user must therefore have the legal age set by your national legislation of your residence for the consumption of alcohol in order to interact with this site. If this is not the case, the user will not be able to interact with the site or other registered users. The verification takes place during the creation of an account, an essential step to access the functionalities of the site.

The user is responsible for the accuracy of the data provided.

II. DEFINITION OF USER

– Only adults are authorized to use and create an account on the site www.WINENCHERES.com

– In order to publish an ad or to comment on an existing ad, it is required to have an account and to be authenticated in relation to these interactions.

– If you are curious and passionate about the world of wine, the site gives priority to advertisements from individuals, and can also accommodate advertisements from professionals duly identified as such.

III. ACCESS TO THE SITE

Access to the site is free and unlimited, in compliance with the user for the general conditions of access and use, and at any time and in the event of non-compliance with these general conditions of access, the user may be banned by WINENCHERES.COM without any notice.

Most of the content and services are offered in French and English.

– This site is accessible 24 hours a day, 7 days a week, except in the event of force majeure caused by third parties and / or maintenance and intervention work necessary for the proper functioning of the site. In the event of an interruption for maintenance, the user will be informed by email 24 hours before the intervention, as well as a notification on the top page during the intervention.

IV. PURPOSE OF THE SITE

Access to the SITE is free and unlimited in time.

The SITE is a portal site offering:

(a) editorialized information about wine, without guarantee of accuracy. The sole purpose of this part is to inform the User, without claiming to be exhaustive or accurate;

(b) a platform for connecting sellers and buyers of wines, accessible only after validation of the age of the User, allowing brokerage at auctions and direct sales.

(c) classified advertisements relating to the wine industry;

(iv) an auction brokerage service (see general conditions specific to auction brokerage).

– The website cannot be held responsible in the event of an interruption caused by third parties, such as the total or partial unavailability of the website caused in particular 1. by the telecommunications operator,  2. in the event of a transmission error or problems related to transmission security or 3. in the event of damage to the receiving equipment or your telephone line.

– Access to the website requires Internet access with sufficient speed and the use of a suitable access terminal (computer or other).

– WINENCHERES.COM cannot be held responsible in the event that the user is unable to connect, due to a technical problem or insufficient flow from the user’s network.

V – ACCOUNT CREATION

The user is invited to create an account by providing the following information: username, e-mail address, password and date of birth. The form is then validated if the user is declared of age, and the account will be created. The user is required to report correct information.

As an authenticated user, the user can access and modify all the features of his account. The user has the possibility to subscribe to our newsletter.

VI – CONDITIONS FOR SELLERS

And with great pleasure in knowing that you want to sell lots with us, before putting your lots up for sale, make sure you have read the following:

Article 1 ° – After registering on the site, the user is required to indicate in all honesty whether he or she is registering as an individual or as a professional. If the user uses the site to sell lots as part of his professional activity, a <PRO> icon will appear next to the user’s name for the lots he offers.

 

1.1- IDENTIFICATION

In order to sell on our website, we may ask you to provide additional identifying information. For example, you may be asked to provide a copy of your identity card, bank account number (iban), date of birth and, if necessary, your VAT identification number and registration number to the chamber of commerce, in accordance with our privacy policy. Our payment service provider also needs this information before they can sell on our website.

 

1.2. – SELL PROFESSIONALS

If the user uses our site as a professional seller, he is obliged to comply with all applicable tax laws and regulations, and to provide all the information requested when registering.

 

1.2.1 – VAT OBLIGATIONS

In order to be considered as a professional seller with regard to VAT, the user has the duty to provide us with a valid tax number. If the professional user is established outside the European Union and the user does not have a tax number, he must provide WINENCHERES with sufficient justification for using our website as a professional seller.

 

1.2.2. – RESPECT OF THE RIGHT OF WITHDRAWAL

If the user uses our site in a professional capacity, he recognizes and accepts that in certain cases, buyers from the European Economic Area (EEA) may benefit from a “right of withdrawal” for a period of 14 days. The user fully cooperates with us throughout this period, for this please consult our POLICY ON THE RIGHT OF WITHDRAWAL.

 

Article 2 ° – PROPOSE A LOT

Once registered as a seller, you can offer lots for sale. Before using our services, make sure you are aware of the following.

The seller is encouraged to place an advertisement as complete as possible, in order to increase the chances of finding a buyer for the lot.

The site being intended for the whole world, the site is made available in two languages ​​(French and English). In the absence of a language designation, the seller expressly authorizes WINENCHERES to translate his advertisement into the missing language using automatic translation tools, in the case of WINENCHERES cannot guarantee the accuracy of the result.

 

2.1 – RELEVANCE OF THE LOT

WINENCHERES decides which lots can be sold on our website. We make this decision based on the characteristics of the lot, its interest, its rarity, the potential selling price and the expected demand for the lot in question. We can refuse lots without indicating the reason, however we will always be at the disposal of the sellers for any further clarification concerning the proposed lot.

 

2.2. – DESCRIPTION OF LOTS

As soon as the user offers a lot for sale, he must provide clear and complete information about the lot. This information should include, without limitation, the following information and documents:

a) – A correct, complete and precise description of the lot, no breach of the rules of good conduct and property will be authorized and tolerated, and WINENCHERES reserves the right to cancel the account of all offenders.

b) – Information on the condition of the bottle, the year of purchase if known, the purchase channel and a free description of the bottle as well as the bottle have been stored.

c) – At least 4 clear photos that accurately show the current status of the batch (full bottle, label condition, liquid level in the bottle and top of the cap), as well as photos of any imperfection or deterioration of the label.

d) – Advertising is allowed only for original products only. The user expressly undertakes not to place counterfeit products and to guarantee the origin of the bottles offered;

e) – A reserve price, if applicable (the possibility of setting a reserve price depends on the value of the lot);

f) – An indication of the actual shipping costs;

 

In any case, WINENCHERES has no control over the editorial content of the advertisements, and therefore acts as a simple host, within the meaning of the law of June 21, 2004 on confidence in the digital economy.

 

2.3 – RESPONSIBILITY RELATED TO THE ANNOUNCEMENT

2.3.1 – Accuracy of the description of the lot

The user is responsible for the correctness of the description of the lot, it also applies if we propose changes or make changes and / or supplement the description of the lot.

We give you the opportunity to reread the description before the lot goes on sale. The user has the possibility to check the description of the lot and thus ensure that the final description accurately describes the lot.

a) – The seller who publishes an advertisement certifies that he is the sole owner of the bottle he has put up for sale, thus ensuring that it does not contravene any law or regulation, does not act fraudulently in general. It also guarantees that the sale proposal and the sale of the lot are genuine and honest transactions;

b) -In any case, WINENCHERES and its publisher can not be held responsible for false information contained in an advertisement.

c) -WINENCHERES and its publisher cannot be held responsible for the quality of the wine contained in the bottles offered for sale;

d) -In the event of an international relationship, the parties are required to complete all declaration formalities and provide for the customs duties in force with the competent authorities;

e) – The seller and the buyer will understand each other at the disposal price and together choose the disposal method. It is recommended that you take out insurance on the value of the transaction as part of a shipment. WINENCHERES can help the parties to arrange shipment under favorable conditions through our network of transport partners;

f) -The user can withdraw the lot before its publication on the site and before the advertisement is visible to other users. After this period, the user will no longer be able to modify the conditions of sale. If we decide to remove a lot during the sale, the user will be fully responsible for all damage caused. If the user decides that the lot should be withdrawn after it has been published and offered for sale, he must provide all documents, files or other justifications indicating the reasons why the lot should be withdrawn from sale. These justifications must be provided at the first request. If we decide that the justifications are sufficient, we consult the bidders and propose to withdraw the lot with all the description;

g) -Any attempt to violate these rules and / or all regulatory or legal provisions will be reported to the competent authorities, without prejudice to the immediate closure of the account.

 

Article 3 – SHIPPING OF THE LOT

Once the lot is sold, we ask the buyer to pay the purchase price, the shipping costs and the buyer’s commission. As soon as the buyer has paid, we inform you by email that the buyer has made the respective payment so that the seller sends the lot to the buyer.

The lot must be sent within 3 working days after receiving our payment confirmation. The lot must be carefully packaged, as it is the seller’s responsibility to send it to the buyer in the best possible conditions. The stated delivery time is never considered a legal limit.

Lots must be sent with the respective tracking number, we strongly advise you to use registered and insured shipping, the risks of breakage and / or loss being borne by the seller.

 

Article 4 – METHODS OF SALE AND PAYMENT OF PRIZES

As soon as the buyer validates the transaction, the seller has 3 working days to send the lots validated by the buyer.

Payment processing services on our website are provided by our payment service providers Stripe or Mangopay.com

By registering on our site, the user accepts the general conditions of use of Mangopay and Stripe. (see Mangopay and Stripe terms of use)

When the buyer validates the transaction, the amount of the transaction, plus the service fee, is paid to an “eWallet” of the buyer dedicated to the order and the amount of the service fee to the “eWallet” of the SITE.

The seller will be refunded within 14 days of confirmation of shipment of the order, under the following conditions:

– that the buyer has received the lot in good condition and that the lot is as indicated in the advertisement

 

If, within 14 days from the day of confirmation of shipment, the buyer has not received the lot, if the goods received by the buyer are not as described or broken, it is invited to inform the SITE, in which the sum is blocked on the buyer’s <eWellet> until the dispute is resolved.

If the transaction takes place within normal limits, the proceeds of this sale are available to the seller. The amount will be transferred from the buyer’s <eWellet> to the seller’s <eWellet>, minus the service charge which will be transferred to the site’s <eWellet>.

VII – CONDITIONS FOR BUYERS

Article 1 ° – it is with great pleasure that you are interested in purchasing lots on our site. Before using our services, make sure you know the following:

1.1 – The buyer and seller of a lot enter into a sales contract. If your bid is the highest at the close of the sale, you will be considered as the buyer and automatically enter into a sales contract with the seller of the lot. If the seller sets a reserve price and their bid is lower than the reserve price, there will be no sales contract. We charge the expenses for using our services. (see WINENCHERES remuneration) This amount will be added to the price of the lot.

Buyers will be required to pay additional shipping and handling charges (e.g. VAT, import transfers). The user also acknowledges and accepts that it is his obligation to check if there are any specific laws or restrictions applicable to the importation of a batch into his country.

Article 2 ° – If the user has won the lot, and his offer has exceeded the reserve price, the user can be considered the lucky buyer of this lot. The next step is to pay according to our instructions. The user finds our payment rules below.

a) – After winning the lot, the buyer has 3 days to make the payment. Within 3 days of the sale, the buyer must pay the purchase price, the shipping cost to the seller and the commission for the services provided on the site. The payment period indicated will never be considered as a legal limit. This means that a non-payment notice will be sent before the seller can terminate the sales contract for non-payment. The user should make sure that the seller receives the purchase price amount and the website receives the buyer’s commission amount. The buyer is responsible for all costs (including bank charges), taxes (such as withholding tax), respective duties and charges.

b) The buyer guarantees that his purchase is legitimate. The buyer guarantees that he does not buy the lots in a situation of false transaction, which allows him to personally transfer and / or to third parties all or part of the purchase price, and to violate the anti-money laundering law.

Article 3 ° – For most of the lots in our sales, the seller will send the items to the address associated with your account.

a) You must make sure your address is correct. The seller sends the lots to the address indicated on the buyer’s account. We ask the seller to send the lots once payment has been received.

b) If there is any problem, contact us within 3 days of delivery. As long as the delivery code indicated on the lot is delivered, the buyer has 3 days to inform us of any problem related to the lot. The buyer acknowledges that within this period of 3 days he does not inform us of any possible problem, we cannot accept the complaint and the seller will receive his payment.

c) In case of delivery problem, we will ask you to find a direct solution with the seller. WINENCHERES has the right to consider that the signature of the receipt confirms the good delivery of the lot. If there is a problem with the delivery of the lot and the buyer cannot come to an agreement with the seller, in the meantime the seller must cooperate and open an investigation against the delivery company. An ongoing investigation does not affect our right to decide whether the purchase price will be refunded to you or paid to the seller.

d) WINENCHERES can cancel a transaction if the seller does not send the lot. If the seller does not ship the lot in accordance with their obligations under the lot description, we will notify the seller to make the corresponding shipment. If the seller does not act according to our instructions, the buyer agrees and acknowledges that we may cancel the transaction within our system. Cancellation of the transaction does not constitute resilience of the sales contract. Once the transaction is canceled, the buyer is free to directly assert his rights against the seller, under the contract of sale.

 Article 4 ° – If the buyer does not respect his obligations towards the seller under the sales contract, the buyer will be considered at fault and the seller has the right to terminate the sales contract. We may send a debt notice and a termination notice on behalf of the seller, but we are under no obligation to do so. In this context, your obligations include compensation for damages that the seller suffered, without prejudice to all other rights of the seller.

Article 5 ° – If the buyer does not fulfill his obligations towards WINENCHERES because of the conditions of use, we can decide to cancel the lot in question. This cancellation does not constitute a termination of the sales contract. However, if we cancel the transaction, the user may be responsible for all damages and costs that we suffer and / or incur as a result of the cancellation of the transaction. This means that the buyer’s commission will always be due. The buyer will still be responsible for the amount of the seller’s commission that we did not collect due to the cancellation.

In order to safeguard our rights and those of other users (for example in the event of a violation of our terms of use), we are authorized, at any time and at our discretion, to withhold your payment or refund, to withhold your payment and to indemnify any financial claim we may have against the buyer, using a financial claim for this purpose. If one of these cases is governed by a mandatory law (consumer law), we can proceed according to this law in force.

If the buyer violates our terms of use, if he has already received several comments or bad ratings, or if we are made aware of any problems related to your conduct or behavior, or if we believe it will be necessary to protect our site , other users, or to prevent fraud or other illegal activities, we may act with the following measures:

a) – Temporarily or permanently limit your authorization to offer and / or sell lots;

b) – Temporarily or permanently limit all the private status associated with your account;

c) – If I have not provided you with your exact bank details or identification within the reasonable period of time following our first order, if you have been notified by our payment service provider, the buyer will be in default and any payment will be there including a refund) may be withheld or lose the right to receive a payment5, including a refund).

d) – If the buyer pays a lot with your credit card and even though the seller is not at fault you have successfully submitted a chargeback request, we are allowed to freeze your account, clear all claims that we have against you, block all future payments and take all legal action against you. If our agreement is terminated or access to your account is suspended, even though you still have certain obligations to the seller under a contract of sale, we may void transactions within our system and terminate those contracts upon last name. sellers or sellers.

Article 6 ° – Consumers have a legal guarantee of conformity of the batch. Depending on your country of residence, the buyer may have the right to cancel and return the purchase without justification.

a) – The EU right of withdrawal may apply to your sales contract. Consumers residing in a country of the European Economic Area who buy a lot from a professional seller have the right to withdraw from the purchase without giving reasons and within 14 days. (period called reflection);

b) -If you renounce your purchase, you must return the lot to the seller. Due to the right of withdrawal, you must return the lot within 14 days of your notice of withdrawal. The lot must be returned to the seller as it was delivered.

VIII – RELATIONSHIP BETWEEN SELLERS AND BUYERS

The website enables communication between sellers and buyers.

The site does not intervene in transactions between sellers and buyers. The parties are free to conclude the sale or not. Shipping will be provided by the seller, the website is never or never will be in possession of the bottles. In this regard, the website cannot guarantee the quality of the product and its authenticity.

At the end of the sale, the site has a notification system for buyers and sellers in order to comment on the satisfaction of the transaction concluded between them, called “evolution” which can be positive or negative.

The site provides users with one or more secure payment platforms, namely Mangopay and Stripe.

VIII – WINENCHERES REMUNERATION

WINENCHERES is remunerated on the service costs inherent in the publication, maintenance of the SITE and other costs related to the transaction and invoiced by the parties concerned.

WINENCHERES is the first variable commission site, so it is becoming an attractive site for both buyers and sellers, encouraging the buying and selling of exceptional lots.

In the context of the auction mediation function, the amount of the commissions for the services provided is as follows:

 

a) – buyer’s commission:

Minimum of 7% and maximum of 17% of the purchase price. This fluctuating percentage depends on the value of the lot in question, as in the example below:

– up to 1000 € – 17% HT

– from 1001 € to 2000 € – 12% HT

– from 2001 € to 5000 € – 9% HT

– from 5,001 € – 7% HT

These values ​​cannot be combined, they are lot values ​​and not cumulative of the purchased lots.

 

b) – seller’s commission:

Minimum of 3% and maximum of 7% on the sale price. This fluctuating percentage depends on the value of the lot in question, as in the example below:

– up to 1000 € – 7% HT

– from 1001 € to 2000 € – 5% HT

– from 2001 € to 5000 € – 4% HT

– from 5,001 € – 3% HT

IX – OBLIGATIONS OF USERS

1- The site is reserved for users, individuals, for their non-professional needs. The website cannot be used as a regular means of buying and selling wines and spirits.

2- The user undertakes not to affect in any way the proper functioning of the site, namely not to block or alter the normal flow of data, to fraudulently access the site’s information system, to disrupt it or to modify it.

X – REGULATIONS RELATING TO THE SALE

211-4 of the Consumer Code

The seller has a book to buy a good in accordance with the contract and the response to the lack of conformity existing at the time of delivery.

The answer is that of the conformity resulting from the packaging, the assembly instructions or the installation when this has been charged by the contract or been carried out under responsibilities.

 

Art. L. 211-4 of the Consumer Code:

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

 

Art. L. 211-5 of the Consumer Code:

To comply with the contract, the good must:

a) – Be suitable for the use usually expected of a similar good and, if applicable:

– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

b) – Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

 

Art. 1641 of the Civil Code:

The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them.

XI. RESPONSIBILITY

WINENCHERES.COM makes its best efforts to provide recent and accurate information and data and cannot be held responsible for the accuracy, completeness or relevance of information compiled from external sources.

We invite you to alert us of any errors or omissions that you may detect on our SITE, at the following email address: info@winencheres.com

WINENCHERES.COM cannot be held responsible for any damage that may be suffered, during a visit to the SITE, by the technical environment of the user and in particular, his computers, software, network equipment (modems, telephones, etc.) and any other material used to access or use the service and / or information.

WINENCHERES.COM cannot be held responsible for any misuse of the SITE by the user.

WINENCHERES.COM can in no way be held responsible for the reliability of data transmission, access times, any access restrictions on the Internet or networks connected to it.

Use of the Internet does not guarantee the secrecy of correspondence; it is your responsibility to take all appropriate measures to protect your own data, tools and materials.

All the information contained on the SITE, data, texts, graphics, images, sounds, videos, etc. are made available to users for information purposes only. They do not constitute a commercial offer.

XII. INTELLECTUAL PROPERTY

The elements of the SITE (in particular the texts, presentations, illustrations, photographs, brochures and catalogs, brands, etc.) are the exclusive property of WINENCHERES.COM, unless otherwise stated.

You may download, view, print a copy of any content from the SITE only for non-commercial purposes and exclusively limited to your personal needs.

Any other use is prohibited and constitutes an infringement. In particular, you are not authorized to present to the public, reproduce outside the family circle, modify, use elements of the SITE in a derivative work, distribute, content of the SITE, attempt to access the source codes of the SITE and perform any reverse engineering. However, the SITE undertakes to send you, within a reasonable time, any element necessary for the interoperability of the SITE upon any reasoned request from you.

In particular, it is strictly forbidden to use or reproduce the name “WINENCHERES.COM” and / or its logo, for any reason whatsoever, without the prior written consent of WINENCHERES.COM

In the event of a breach of its obligations by a User, WINENCHERES.COM reserves the right to stop these actions in court and to seek redress.

XIII. HYPERTEXT LINKS

This SITE includes, in particular, information made available by external companies or hypertext links to other sites that have not been developed by WINENCHERES.COM. The existence, on this SITE, of a hypertext link leading to another site does not constitute validation of this other site or its content. WINENCHERES.COM therefore assumes no responsibility for these sites, their content, advertising, products or services available on or from these sites.

XIV. REPORTING OF ILLEGAL OR INACCURATE CONTENT

In the event that you wish to inform us of the presence on our SITE of erroneous information or illegal content, you must specify your personal identification data (name, first name, domicile, e-mail address). , a precise description of the content that you believe to be incorrect or illegal and the reasons. This assumes that you accept the processing by WINENCHERES.COM of the personal data that you transmit to us and more generally our Policy of confidentiality and respect for personal data. We therefore invite you to consult this Policy https: // www ………………. to know your rights, the conditions and purposes of this processing and the conditions of acceptance of this Policy.

WINENCHERES.COM may take appropriate measures if the content is manifestly illegal under French law.

On the other hand, we remind you that reporting illegal content in order to obtain its removal and / or to stop its distribution, knowing this inaccurate information, is penalized by Article 6 para. 4 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy and exposes you to criminal and / or civil legal proceedings.

XV. MODIFICATION OF THE GENERAL CONDITIONS OF USE

We reserve the right to modify these general conditions of use, in particular if the SITE were to offer new services or to comply with new regulations.

They will come into force as of their posting. If you refuse these changes, you will no longer be entitled to use the SITE from the date these changes take effect.

In the event that a clause hereof was canceled or deemed unwritten by a court decision, the other provisions would remain in force.

XVI. VIOLATION OF THESE GENERAL CONDITIONS OF USE

The SITE reserves the right to suspend and / or close the account of any user who violates these general conditions of use, without prejudice to possible civil or criminal proceedings.

XVII. APPLICABLE LAW AND JURISDICTIONAL COMPETENCE

These general conditions of use are subject to French law.

In the event of a dispute, WINENCHERES.COM and the User will endeavor to find an amicable solution. In the event of legal action relating to any dispute between WINENCHERES.COM and the User relating to the execution hereof, the Tribunal de Grande Instance of (PARIS) has exclusive jurisdiction.

XVIII – PRIVACY POLICY AND RESPECT FOR PERSONAL DATA

Our policy of confidentiality and respect for personal data is accessible by clicking on the following link: ……….. It is an integral part of our general conditions of use of the site.

The acceptance of our policy of confidentiality and respect for personal data is a condition.

XIX – Processing of complaints:

In the event of a dispute between the site and the user, we first ask you to contact us at the following address:

Prestige Select wine

(Address)

We make every effort to find a satisfactory solution within a reasonable time, normally never exceeding 48 business hours.

In the event of a dispute between users, the site, and as an intermediary, has no power of intervention. But, the website encourages the parties to understand each other and find a negotiable solution. The website’s only intervention is to block payments until the users reach an agreement.