GENERAL TERMS AND CONDITIONS OF SALE
It is hereby stated that:
VINOSAKA is a simplified joint stock company with a capital of €17,556, whose principal place of business is located at 15 rue du Sentier 75002 PARIS, registered in the Paris Trade and Companies Register under number 792 914 673, and represented by Mr Loïc TANGUY, duly authorized legal representative (hereinafter referred to as "Les Grappes," in accordance with the LES GRAPPES trade mark registered by VINOSAKA)
Les Grappes operates, from France, a free online sales platform allowing individual buyers of legal age acting as consumers to purchase wine products offered for sale by professional winegrowers located in Metropolitan France, and to search for and book wine tourism services online as offered by its partners, wineries, wine merchants, wine cooperatives, or tourism providers.
It also allows users of the website to exchange comments simply and directly with each other via the website (hereinafter the "Services") accessible at the following URL: https://www.lesgrappes.com as well as via its local or other extensions (hereinafter the "Site") and/or on any electronic communication medium (including mobile phones).
Les Grappes is not the producer of the Products made available online. Only the professional winegrowers who offer their wine products and wine tourism activities for sale on the Site have this status.
Consequently, the following has been agreed and decided: Definitions
For the proper understanding of the present, the Parties agree on the following definitions:
"Buyer": refers to a natural person of legal age acting as a consumer who has created a User Account on the Site and has placed an order through the Site's Services to acquire Products.
"Seller": refers to a professional winemaker wishing to offer their wines for sale via the Site and its Services and who has signed up for a User Account.
"User": refers to the users of the Site and its Services who have subscribed to a User Account (hereinafter defined) and without distinguishing between Sellers and Buyers.
"Product": refers to the Winegrower's wine product offered for sale in the form of a bottle of wine through the Services offered by Les Grappes. Multiple bottles of wine are referred to as "the Products."
"Activity": refers to the Seller's wine tourism activity, available for booking in the form of visits and tastings, through the Services offered by Les Grappes. Multiple visits and tastings shall be referred to as "the Activities."
"Product Sheet": refers to the description of the key information and in particular the price of a Product offered for sale by a Seller on the Site.
Article 1. Purpose - Scope of application - Membership The Site is available in French and English.
Access to and use of the Site and the Services on the Site are subject to the terms and conditions of these General Terms and Conditions of Sale (hereinafter the "GTC"). By using the Services and the Site, Users agree to the GTC and to regular updates by Les Grappes. The GTC apply to all sales of Products or Services made through the Site and its Services and are intended to govern the relationship between Les Grappes and the Users, as well as between the Users. They apply in addition to the general terms and conditions of use of the Sellers, which govern the relationship between the Sellers and Les Grappes (hereinafter "Sellers' GTC").
As the GTC are subject to change at any time, those applicable are those in force on the day the Buyer places the order.
The GTC are automatically accessible to Internet users from the home page of the Site. All the user has to do is click on the heading "General Terms and Conditions of Sale". Users of the Site are advised to consult this page regularly.
Consequently, the act of visiting the Site, creating a User Account, offering Products or Activities, reserving an activity, or placing an order via the Site implies full and unreserved acceptance of the GTC.
Article 2. Product Sheet
The Products and Activities are presented on the Site by means of a Product Sheet with a description, enabling the Buyer to learn key information about them, as well as their Price.
The information relating to the offers has been communicated by the Sellers, who are solely responsible for the content of the description provided, its completeness, and the conformity of the Products and Activities offered with the description.
The photos and visuals of the Products and Activities are provided for illustrative purposes only and are not binding.
Article 3. Contract conclusion
The Les Grappes website mentions all the information required by article L.121-19 of the French Consumer Code.
3.1. Order process on the Site and order confirmation
a. Buyers may order the Products offered by the Sellers on the Site as long as the Product offers depicted by the Product Sheets are visible on the Site.
When an order concerns the Products of several Sellers, the Buyer executes as many sales contracts as there are Sellers concerned.
To place an order, a minimum number of Products ordered is required. This minimum is generally three (3) Products, but may be modified by the Seller. The Buyer is informed of this when placing and validating the order.
After having been able to validate and modify the content and price of his/her order, and to finalize his/her order and pay, the Buyer declares that he/she has read and fully and unreservedly accepts the entirety of the GCS, by clicking on the box "I accept the general terms and conditions of sale".
The contract is available in French.
b. An e-mail confirming the order is then automatically sent to the Buyer (this e-mail mentions all the information required by article L. 121-19 of the Consumer Code).
However, the sales contract is subject (i) to the resolutive condition that the Product is available (see article 3.2 below) and (ii) that Les Grappes has acknowledged receipt of payment.
An order is deemed confirmed when LES GRAPPES is able to confirm that the payment has been received: instantly if the order is paid in cash or on the date of payment if the order is paid by deferred payment (bank transfer or payment by check—see article 4.2).
Once the order has been confirmed to the Buyer, the information about the Buyer's order will remain accessible on his/her account, in the "My Orders" section.
3.2. Availability of the Product(s) - Resolutive condition
The sales contract is subject to the condition subsequent that the Products are available and that Les Grappes has acknowledged receipt of payment.
As soon as the Buyer's order is taken into account, the Seller is informed by Les Grappes without delay by e-mail that one or more of the Products it has put online has been ordered by a Buyer. The Seller will then confirm the availability of the Product concerned within seventy-two (72) working hours.
If (i) the same Product is ordered by several Buyers at the same time and (ii) this Product is no longer available in sufficient quantity to satisfy all the orders, it will be sold in the chronological order of the orders placed by the Buyers, according to the "first come, first served" principle. The order will then be canceled for the other Buyers.
In the event of unavailability of the Product(s) after the Buyer's order has been placed, or if the Seller fails to respond to the Buyer's order within seventy-two (72) working hours of the Buyer's order being reported to the Seller by Les Grappes, the Buyer will be informed by e-mail, sent by Les Grappes. The Buyer will then be offered a similar Product by Les Grappes, or may be reimbursed for the amount he/she has been debited, according to his/her choice. In the latter case, the contract executed between the Buyer and the Seller shall be automatically terminated and each party shall be released from its obligations. The Buyer's bank account will be credited with the amount of the canceled order within fifteen (15) days. However, only the contract relating to the sale of the unavailable Product(s) is affected by this cancellation.
It is reminded that only the Seller has control over the availability of the Product. The sales contract is deemed to be concluded at that time.
3.3. Searching for and reserving a wine tourism service online
It is the User's responsibility to do all necessary or appropriate research before making any reservations with one of the partners present on the Les Grappes site. The user is obliged to check the conditions of the service requested, in particular the minimum and maximum number of people who can access such a service.
Les Grappes does not guarantee a response to a reservation request made by the user on the Les Grappes site, it being understood that such a response depends on the third-party service providers.
Les Grappes does not guarantee in any way whatsoever the products, services, and/or commercial practices of third parties present on its site. In this sense, Les Grappes does not guarantee that the user will be satisfied with the products, services and/or commercial practices obtained following a reservation through the Les Grappes site.
In general, the user accepts and acknowledges that the reservation is not guaranteed. In this sense, Les Grappes does not guarantee the effectiveness of the reservation service. Availability is checked with the service provider before confirming the reservation.
However, as Les Grappes cannot materially verify the accuracy of the information collected and/or given by the service providers, the user accepts that Les Grappes cannot be held responsible if the user does not manage to benefit from the services of the service provider partner. Thus, for example but not limited to, the user acknowledges and accepts that Les Grappes cannot be held liable if a reservation is canceled, in the event of a closed establishment, for whatever reason, or in the event that service is refused, for whatever reason.
Article 4. Prices and payment terms
4.1. Sale Price for bottle purchases
The Price is indicated on the Site in Euros, including all taxes and delivery charges.
4.2. Selling prices for wine tourism services
Les Grappes offers a booking service for wine tourism activities with third-party partners (estates, wine merchants, wine cooperatives or tourism providers). Following a reservation made through the Les Grappes website, the Buyer undertakes to pay the specified amount to the third-party partner on the day the Activity is carried out. The Price is indicated on the Site in Euros, including all taxes.
4.3. Terms of payment
Payment of the Price of the Product(s) and delivery costs is made when the order is placed on the Site with Les Grappes, and in the case of Article 4.1.b, after the Buyer has expressly accepted the terms and conditions and transport costs.
Payment can be made by 3 (three) means: :
1) by credit card: The Buyer will be debited the price of the Products purchased from the moment he/she validates and confirms his/her order online. In the event of non-receipt of payment by Les Grappes within forty-eight (48) hours of the order date, the sales contract is automatically terminated (cf. article 3.1.b). Each party is therefore released from its obligations.
The Buyer shall therefore provide accurate, complete, and non-fraudulent information when paying for the order. The Buyer declares and guarantees that he/she is fully capable and authorized to use the bank card and that he/she has sufficient funds on the bank account attached to the bank card used, to pay for his/her order.
Les Grappes, with the services of the financial institution Stripe, may have to carry out checks to ensure the validity of payments and therefore may request supporting documents from the Buyer, which the latter undertakes to send within forty-eight (48) hours. In the event of non-receipt of these documents within the time limit specified or receipt of non-compliant documents, Les Grappes reserves the right to cancel the order(s).
2) by bank transfer: when the Buyer validates the order, Les Grappes’ bank details are displayed, and are also sent by e-mail to the address provided by the Buyer. Once the transfer has been made and received by Les Grappes, the Buyer will receive an order confirmation e-mail. The Buyer has 15 (fifteen) days for the transfer to be received before the order is automatically canceled.
3) by bank check: completed checks should be sent to the following address:
Order: VINOSAKA - Order number
Address: LES GRAPPES, 15 rue du Sentier, 75002 PARIS.
Once the bank check has been received by Les Grappes, the Purchaser will receive an order confirmation e-mail. The Buyer has 15 (fifteen) days for the check to be received before the order is automatically canceled.
A detailed invoice by Les Grappes is made available on the Buyer's account and sent to the Buyer when the package is shipped.
4.4. Payment security
Payment is made online using a secure SSL payment system. The site guarantees that all bank data required for the banking transaction and payment is encrypted and secured. The highest security standards are applied to data storage and are all compliant with the Payment Card Industry Date Security Standard (PCI DSS). No banking information is stored by the site. All payments are secured through Stripe or Paypal depending on the payment method chosen.
Les Grappes has adopted the most efficient security systems to date, which establish an encrypted connection directly between the Buyer and the bank. Les Grappes uses the Stripe solution using the SSL (Secure Socket Layer) encryption process but reserves the right to change the system at any time.
The site guarantees that all bank data required for the banking transaction and payment are encrypted and secured. The highest security standards are applied to data storage and are all compliant with the Payment Card Industry Date Security Standard (PCI DSS). No banking information is stored by the site.
Although Les Grappes uses encrypted security software, the security of information and payments transmitted over the Internet or via e-mail cannot be guaranteed. Les Grappes cannot be held responsible for any damage resulting from the use of electronic means of communication.
Article 5. Shipping and delivery
5.1. Delivery of Product(s) is currently available in metropolitan France, Monaco, Germany, Belgium, Spain, Italy, Luxembourg and the Netherlands.
5.2. Delivery costs are charged to the Buyer at the rate in effect when the order is placed.
5.3. As soon as the payment as defined in article 4 is credited to Les Grappes' account, and the Seller has validated the availability of the Product(s) (in accordance with articles 3.1.b. and 3.2.), and has packed them, the Product(s) is (are) handed over to the Carrier within twenty-four (24) hours. The Seller shall use suitable packaging for the delivery of its Product.
The Seller shall ensure that the information given to the Carrier is correct and allows for prompt delivery of the order to the Buyer.
5.4. Deliveries are made within a maximum of fifteen (15) working days from order confirmation (see article 3.1), except in cases of force majeure.
The times indicated correspond to the processing, preparation, and shipping of orders, as well as the delivery time of the Transport Provider. They start as soon as the order is validated in accordance with Articles 3.1.b, 3.2 and 4. For orders involving several Sellers, as the packages leave from different locations, the delivery dates may vary.
5.5. The Products are delivered to the delivery address indicated by the Buyer at the time of the order or to a relay point if the Buyer specified it at the time of his order or during the routing of the parcel. The Buyer is then responsible for receiving and/or collecting the parcel. Les Grappes undertakes to deliver on the same day according to the following terms:
if the shipment is <24 bottles per domain: door-to-door delivery or at a parcel collection point
if the shipment is >24 bottles per domain: door-to-door delivery
In the event of an incomplete or erroneous delivery address or failure to collect the parcel, obliging the Carrier to return the Product(s) ordered, any additional costs incurred by this failure or error shall be borne in full by the Buyer. Reshipment of the order will only take place after the Buyer has paid the reshipment costs.
5.6. Verification of the goods on delivery
The verification of the condition of the package and the Products is effective as soon as the Carrier's delivery note has been signed by the Buyer.
The Buyer must report any deterioration, discrepancy, or shortage upon delivery to the Carrier in the form of a detailed written and dated document accompanied by the Buyer's signature on the delivery note.
If the Buyer refuses the package due to an anomaly or discrepancy, the Buyer must notify the Carrier on the proof of delivery. Three responses are possible:
acceptance without qualification
acceptance of part of the goods with qualification
refusal of the goods with qualification
The absence of qualifications will render any claim inadmissible a posteriori.
If damage is noted in the context of a purchase, French legislation provides the Buyer a period of fourteen (14) days after delivery to express qualifications to the Shipper and the Consignee, and releases the Carrier from any liability beyond this date (in accordance with Article 31 of the Montreal Convention). If a delivery failure occurs, the Buyer has 72 hours to give instructions to Les Grappes. If no instructions are given, the goods are returned to the domain within 96 hours at the Buyer's expense. If no notification or qualification has been written on the carrier's bill of lading, the Buyer may not make any claim against Les Grappes.
5.7 Verification of the goods after delivery
The Buyer has 14 days to make a complaint if the goods do not conform to his order or if the organoleptic properties of the product do not seem to conform to his expectations.
Article 6. Right of withdrawal
6.1. In accordance with prevailing legal provisions, as part of a purchase made from a Seller, the Buyer has a period of fourteen (14) days from the date of receipt of the Product(s) ordered to exercise his/her right of withdrawal from the said Seller and Les Grappes, without having to justify his/her reasons or pay any penalty.
The Buyer exercises his/her right of withdrawal directly with Les Grappes by means of a complaint form, available within the Customer Area, indicating his/her order number and the specific Product(s) for which he/she is exercising his/her right of withdrawal. Les Grappes will then notify the Seller by e-mail.
6.2. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and for which the right of withdrawal is exercised by the Buyer will be reimbursed by Les Grappes, with the cost of returning the Product(s) borne by the Buyer.
If the Buyer requests reimbursement, Les Grappes will proceed to reimburse the Product(s) on behalf of the Seller by crediting the Buyer's bank account within a maximum period of thirty (30) days following the date on which the right of withdrawal was exercised.
6.3. The order must be returned in perfect condition to the Seller, in its original packaging or in suitable packaging and in a condition suitable for the resale of the Product(s) (unopened bottles, undamaged corks and labels, etc.), accompanied by the invoice and then sent in the same condition as it was originally packaged.
The Purchaser has fifteen (15) days from the moment he/she indicates his/her withdrawal to Les Grappes to return the package. The return costs are at the expense of the Buyer. It is the responsibility of the Buyer who returns a Product(s) to keep proof of his/her return of the Products. Proof may be submitting either a registered mail receipt, or documentation provided by the Carrier to whom the shipping of the returned Product will have been entrusted.
Article 7. Claims
7.1. In general, Les Grappes undertakes to provide a quality service to Users.
In this respect, any Buyer can notify Les Grappes by sending an e-mail to firstname.lastname@example.org, within seven (7) days of receiving any order, of any complaint concerning the Products ordered, according to the following criteria
- Product not received: the Product has not been received by the Buyer.
- Product discrepancy: the Product received does not correspond to the Product ordered.
- Damaged Product: the Product received is damaged or broken.
7.2. In the event of a Buyer's complaint regarding a Product, Les Grappes shall inform the Seller concerned as soon as possible by e-mail. The Seller shall then implement, in parallel with Les Grappes, all the means at his/her disposal to manage the aforementioned incident. Disputes are therefore settled between the Buyer, Les Grappes, and the Seller who will make their best efforts to resolve disputes amicably.
7.3. Depending on the case, the initiated dispute will result in either return of Products ordered or partial or total reimbursement of the Buyer. Les Grappes shall refund the Buyer. If the Seller is actually responsible for the dispute in question, the Seller shall reimburse Les Grappes for the sum advanced to the Buyer.
7.4. The Buyer shall be responsible for organizing the return of the Products to the Seller. Les Grappes, depending on the Seller's responsibility, will or will not assume the shipping cost and the cost of returning the Products. The Seller shall bear these costs if they are responsible.
Article 8. User account
8.1. In order to benefit from the Site and its Services, the Internet user must create an account by means of the online form provided for this purpose (hereinafter defined as "User Account") and provide accurate and complete personal data and information enabling the User to be identified (identifier and password). The opening of a User Account and use of the Site and its Services are (i) reserved for adults over eighteen (18) years of age, (ii) free of charge and (iii) without obligation to purchase. Registration for the Site and its Services also implies full and complete acceptance of these GTC and any related contractual document. The User is free to modify the content of the information and data entered when creating a User Account at any time.
Buyer represents that he/she is authorized to disclose SNS Account identifier information to Les Grappes and/or authorizes Les Grappes to access his/her SNS Account (including, but not limited to, for the purposes described herein), without violating any of the terms and conditions governing its use of his/her SNS Account and without incurring any charges to Les Grappes or subjecting Les Grappes to any restrictions on use imposed by a third party service provider.
8.3. The User may access his/her Account by entering the login and associated password, which the User alone ensures is confidential. It is reminded that all identifiers relating to the User Account assigned by Les Grappes to the User are strictly private and can only be used by authorized users. The User must therefore keep his/her login and password secret and out of the reach of any third party. The User is solely responsible for accessing the Site and its Services via his/her login and password, unless there is evidence of fraudulent use that is not attributable to him/her.
8.4. The use of the Site following the User's registration is valid for an indefinite period.
Note that security of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Internet.
In the event of loss, misappropriation or fraudulent use of his/her login and/or password, the User undertakes to immediately notify Les Grappes by sending an e-mail via the contact form.
Article 9. Rating system and comments
9.1. Rating system
a. Users are invited to rate Products and Sellers on the Site. The rating system offered on the Site is an essential feature of the Site and is intended to make the online sales of Products as reliable and relevant as possible. In addition to the rating system, Users may leave a Comment (hereinafter defined together as the "Rating").
b. The criteria for rating Products and Sellers are more or less objective and do not guarantee that the User has purchased the Product via the Site and its Services. Each User may rate the Product once with a score ranging from 0 to 5, without the possibility of modifying this rating later. The Rating includes the possibility of leaving a Comment, the content of which is at the discretion of the User in compliance with the laws and regulations (see Article 9.2). The average (sum of the scores/total number of scores left) of these Ratings by Product is displayed on the Product File in the form of five (5) "wine bubbles" (corresponding to the Les Grappes logo) more or less filled in depending on the score.
The User has access to the number of Ratings and the exact average of Ratings per Product. These Ratings are visible to all visitors to the Site from the Product Sheet or the news feed on the Site and its Services.
c. Les Grappes guarantees total transparency regarding the Rating for each Product to Users and visitors to the Site. In this respect, it undertakes to transmit and publish the Ratings in a manner strictly identical to those collected, not to mislead the User or the visitor, and not to modify or delete the Ratings, with the exception of any Rating whose Comment in particular would be illegal in accordance with the provisions of Article 9.2.
Furthermore, the User undertakes not to use the Rating in a fraudulent manner, in particular by making false Ratings. In the event that fraudulent use is detected, Les Grappes is authorized to immediately delete the Ratings concerned.
Les Grappes reserves the right to re-use and publish the Ratings on any online or offline medium (social networks, blogs, etc.).
9.2 Users' comments
a. Users may post comments, which are included in the Rating and which also allow them to communicate with each other, on the Site and its Services in the spaces reserved for this purpose (hereinafter referred to as "Comments"). The Comments, as well as the pseudonym used by the Users to post them, will be visible to all visitors and Users of the Site.
b. It is however specified that the User is solely responsible for the content of the Comments published on the Site and its Services. Given the community nature of the Site and out of respect for everyone's sensibilities, it is up to the Buyer to maintain a certain level of ethics with regard to the Comments posted online. Consequently, the User is required to respect the legal and regulatory provisions in force. It is up to the User to ensure that the storage and dissemination of Comments via the Site and its Services does not constitute (i) an infringement of the intellectual property rights of third parties, (ii) an attack on individuals (in particular defamation, insults, insults, etc.) and respect for privacy, (iii) an attack on public order and morality (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, violent or pornographic material, etc.).
Failing this, any Comment may be modified or deleted by Les Grappes in the following cases: (i) it does not comply with the present provisions or (ii) at the request of the competent authorities or (iii) following a notification in accordance with the LCEN law received by Les Grappes Moreover, the User who has published such a Comment is liable to (i) immediate suspension from the Site, as well as (ii) the deletion of his/her User Account. In addition, the User is personally liable to criminal penalties specific to the litigious content (imprisonment and fine), in addition to possible condemnation to the payment of damages and interest.
c. In any case, Les Grappes does not claim ownership of Comments made by Users, who remain free to make their own comments in compliance with the law. Les Grappes reserves the right to re-use and publish the Comments on any online or offline medium (social networks, blogs, etc.).
9.3. All Comments and Ratings are stored and accessible in the User Account in a section entitled "Comment" on Les Grappes' servers.
It is understood that Les Grappes acts as a host within the meaning of Law No. 2004-575 of June 21, 2004, on confidence in the digital economy (known as the "LCEN Law"). In this respect, Les Grappes cannot be held liable for Comments and/or Ratings of Products and Sellers by Buyers, unless Les Grappes does not promptly render them inaccessible after being notified of their illicit nature in accordance with the conditions set out in the LCEN Act or at the request of the competent authorities.
Les Grappes reserves the right to add to the present GTC (as well as to the Seller's GTC) rules of conduct which will specify and/or supplement the obligations of Buyers and Sellers.
Article 10. Personal data and CNIL
10.1. Processing of personal data
When creating a User Account, the User agrees to provide the required information and personal data (hereinafter referred to as the "Data") and attests to the veracity of the latter.
The Data communicated by the User in the context of an order (surname, first name, date of birth, address, telephone number, etc.) via the Site are intended for Les Grappes and are used to process and monitor orders, customer relations and to meet the legal and regulatory obligations incumbent upon Les Grappes.
As regards data relating to the Seller's Products ordered by Buyers, which are collected within the context of the Site and its Services, Les Grappes informs Buyers that they are intended for use by Les Grappes, and that only the information necessary for delivery of the Products will be provided, for this sole purpose, to the Seller. It may not be used for any other purpose.
The Sellers shall ensure the security of the Buyers' Data that they keep for the purposes of carrying out and following up on orders. In the event of challenges with Data processing, the Seller may contact Les Grappes directly, under the conditions set out, as the case may be, in the Seller's GTC or UGC.
Within the framework of the GTC, Users may receive information by e-mail from Les Grappes relating to the Site and the Services.
In accordance with the provisions of law no. 78-17 dated January 6, 1978, the Site has been registered with the Commission Nationale de l'Informatique et des Libertés, under number 1741000v0.
Users have the right to access, modify, delete, and rectify their personal data by sending notice by e-mail to email@example.com or via the contact form (https://www.lesgrappes.com/nous-contacter) or by mail to Les Grappes at 15 rue du Sentier, 75002 PARIS.
Note that all identifiers relating to the User Account allocated by Les Grappes are strictly private and can only be used by authorized Users. The User shall keep his/her login and password secret and out of the reach of any third parties.
To allow the User not to have to identify himself each time he accesses the Service during the same day, except for the first session, Les Grappes uses session cookies.
These files stored on the computer allow the User to be identified each time he/she connects to the Site.
In addition, to improve the Site, Les Grappes uses audience measurement cookies, such as the number of pages viewed, the number of visits, the activity of visitors to the Site, and their frequency of return, thanks to the services of AT Internet and Google Analytics.
Les Grappes also uses third-party cookies. The third parties authorized to access the data collected in these third-party cookies by Les Grappes undertake to use this data in accordance with the provisions of the French Data Protection Act dated January 6, 1978, as amended by the Act of August 6, 2004, and to respect the privacy of Internet users.
The User may access all the information contained in the files relating to cookies used by Les Grappes, in accordance with the provisions of the French Data Protection Act dated January 6, 1978, by sending a request either by email to firstname.lastname@example.org; or by registered letter with acknowledgement of receipt at the following address: Les Grappes, 15 rue du Sentier 75002 PARIS.
Article 11. User Relations
For any information or question, the Site has a User relations service, which can be contacted
by e-mail: email@example.com
by the contact form within the Individuals' Area
by mail: Les Grappes, 15 rue du Sentier 75002 PARIS
Article 12. Gift certificates
A Gift Certificate is a non-exchangeable, non-refundable, and non-transferable credit note placed in the Purchaser's Shopping Cart.
The Buyer may use one or more Gift Certificates to pay for his/her order:
If the sum of the Gift Certificates used is greater than the amount of the order, the Company Les Grappes cannot give change.
If the sum of the Gift Certificates used is less than the amount of the order, the Buyer must pay the difference.
A Buyer may obtain a Gift Certificates:
By means of a goodwill gesture on the part of Les Grappes. The Gift Certificate obtained is valid for one (1) year from the date of its creation.
As part of the Affiliate Program as defined in Article 13 of these GTC.
In the context of promotions organized by Les Grappes or its partners.
In the case of the Refund of a Product purchased with a Gift Certificate. The Buyer then receives a new Gift Certificates valid for ninety (90) days. The value of this Gift Certificate may not exceed the sum of the Gift Certificate used at the time of purchase. Any remaining balance will be refunded to the credit card used at the time of payment.
Article 13. Affiliate Program
The Affiliate Program offers all Les Grappes Buyers the opportunity to promote the Site and its Services. In exchange, the Buyers will receive a voucher for each Referred Friend, enabling them to make purchases on the Site (hereinafter defined as the "Certificate").
13.1. Affiliate relationship
An Affiliate is a Les Grappes Purchaser who takes part in the Sponsorship Program. An Affiliate has a unique invitation URL link (hereinafter defined as the "Invitation Link") containing an invitation code that he/she can share with his/her friends and family and that can be found in the Affiliate's My Account space in the "Invite my friends" tab (hereinafter defined as the "Invitation Code"). An Internet user who subscribes to a User Account with the Invitation Code of an Affiliate is called a Referred Friend.
A Referral Relationship between an Affiliate and a Referred Friend is valid when:
the Referred Friend is not already registered on the www.lesgrappes.com website
the Referred Friend has signed up for a User Account using the Referrer's Invitation Code
the Referred Friend is a natural person other than the Affiliate.
The Affiliate is not authorized to promote his Invitation Code or his Invitation Link in advertising campaigns without the prior agreement of Les Grappes. The Affiliate is not allowed to share his/her Invitation Link on or via platforms, media and websites where most readers are not personal friends of the Affiliate.
13.2 How the vouchers work
Following registration, the Referred Friend obtains a Welcome Gift Certificate. The value of this Gift Certificate is fixed at five Euros including all taxes (€5 including VAT) by default. This amount may however change in the context of special promotions. To obtain this certificate, registration with the Affiliate's Invitation Code is mandatory. This Gift Certificate is valid for ninety (90) days, for an order on the Site of at least six (6) bottles from the same Seller. The Referred Friend may only benefit from the Welcome Gift Certificate once.
For his part, the Affiliate also obtains a Gift Certificate when a Referred Friend purchases a bottle of wine from the Vendor, provided that:
The Referred Friend buys a Product on the Site for the first time
The Referred Friend does not cancel his/her order.
No Gift Certificate will be given to the Referred Friend if:
The Affiliate buys a Product on the Referred Friend's account
The Affiliate buys a Product on his account for his Referrer.
The value of the Gift Certificate given to the Referrer is set by default at five Euros including all taxes (€5 including VAT). This amount is nevertheless subject to change. This Gift Certificate is valid for ninety (90) days. An Affiliate may only receive one Gift Certificate per Referred Friend.
13.3 Invitation emails and sharing on social networks
Les Grappes provides the Sponsor with tools on the Site to facilitate the sharing of their Invitation Code by e-mail. The Sponsor may also share the Invitation Code via the Facebook and Twitter platforms. Les Grappes undertakes never to use the imported email addresses without the express agreement of the Affiliate.
Les Grappes reserves the right to exclude an Affiliate from the Affiliate Program if the latter fails to comply with these GTC. In the event of exclusion, the Affiliate's Invitation Code becomes inactive, and no further Affiliate Relationship can be established.
13.5. Limitation in time
The Affiliate Program is limited to the first ten thousand (10,000) Referrals until December 31, 2015. The Affiliate Program is intended to exist for a limited time. Les Grappes reserves the right to modify or suspend the Refer a Friend Program at any time. The value of the Certificates and the conditions for obtaining them may also be modified at any time by Les Grappes. Changes will be effective on the day the new terms and conditions are published on the Site. By continuing to send the Invitation Link, the Buyer de facto accepts the new GTC. If the new terms and conditions do not seem acceptable to the Buyer, his only recourse is to stop sharing his Invitation Link.
Article 14. Guarantees
The Products offered on the Site through its Services are covered by French legal guarantees. In particular, Les Grappes shall not be held responsible if the content of the Products sold is defective or unfit for consumption. In accordance with the legal provisions in effect relating to conformity of goods or hidden defects, defective Products or those that do not correspond to the order will be reimbursed.
These guarantees are without prejudice to the right of withdrawal provided for in Article 6 hereof.
Article 15. Intellectual property rights
The intellectual property rights relating to the brands, software, and content made available to Users on or through the Site and its Services remain the property of Les Grappes and its possible licensors and are protected by applicable laws and regulations applicable. Consequently, it is forbidden to reproduce, represent, or modify the software or content of the Site and Services by any User for commercial or professional purposes.
Article 16. Sale of alcoholic beverages - Minors - Legal capacity
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited.
All offers on the Site are therefore reserved for adults over the age of eighteen (18), with legal capacity.
By placing an order and/or creating a User Account, the User or Buyer declares and guarantees that he/she is of legal age and has full legal capacity to enter into a sales contract with Les Grappes.
Note that alcohol abuse is dangerous to health and that alcohol should be consumed in moderation. For information relevant to the health of each Internet user, Les Grappes advises them to consult their doctor.
Article 17. General provisions
Computerized records, kept in the computer systems of Les Grappes, under reasonable security conditions, will be considered as proof of communications, orders, and payments made under the GTC.
a. Les Grappes reserves the right to terminate a User Account at any time by e-mail, subject to reasonable notice. In case of non-compliance with the obligations inherent to the User's responsibility as well as failure to fulfill his/her essential obligations, access to his/her User Account may be immediately and without notice, temporarily or permanently suspended by means of deactivation of the User Account, without prejudice to the other rights of Les Grappes. The present GTC will be terminated under the same conditions as in the case of a normal termination (see Article 17.2.b).
b. The User may delete his/her User Account by sending an e-mail with acknowledgement of receipt. The User and Les Grappes will then have fifteen (15) working days to honor their respective commitments, in particular for the Seller, to honor its orders with the same care as before and for the Buyer to remain liable for any amount due, until the User Account is effectively deleted. Les Grappes undertakes to delete the User Account as well as all information and data relating to it.
17.3. Limitation of Liability
Les Grappes is only bound by an obligation of means concerning the information and in particular the photos appearing on the Site and in particular on the Product Sheets. They are provided without any condition or guarantee that they are accurate, complete, and up to date.
Unless otherwise provided, and within the limits prescribed by French law, Les Grappes expressly excludes all liability for any damages, including without limitation, any direct, indirect, special, consequential or incidental damages, or damages relating to loss of use, profits, data or any other intangible property, damage to customers or reputation, or cost of procurement of substitute products or services arising out of or in connection with the use, inability to use, performance or malfunction of the Site and the materials posted on it, regardless of whether such damages might be considered foreseeable under contract, tort, case law or any other applicable rule.
This provision does not affect Les Grappes' liability for death or personal injury resulting from its negligence, or its liability for false statements, misrepresentation as to a material matter, or any other liability which cannot be excluded or limited under law.
Consulting and placing an order on the Internet implies knowledge and acceptance of the characteristics and risks associated with the Internet, in terms of technical performance, response times, risks of interruption, viruses, and more generally all risks associated with the connection and transmission of data on the Internet. Internet users must take all appropriate measures to protect their own data and information stored on their computer equipment. The creation of hypertext links to the Site is subject to the prior agreement of Les Grappes. Hypertext links to other sites from the Site shall not, under any circumstances, incur the liability of Les Grappes.
17.4. Nullity of a clause
Any provision of the GTC that is declared invalid by a law, regulation or final decision of a competent court shall be rendered ineffective, but its invalidity shall not affect the other provisions or the validity of the GTC. Wherever possible, where a clause/sub-clause or part of a clause/sub-clause can be severed from the rest of the clause in order to render the remaining part valid, the clause shall be interpreted accordingly. Otherwise, the User agrees that the clause in question shall be rectified and interpreted in such a way that it approximates the original meaning of the clause, in accordance with the law.
17.5. Disputes and applicable law
The GTC are governed by French law. Any dispute relating to them which cannot be resolved amicably, in particular in accordance with Article 7.3, shall be submitted to the competent French courts.