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General terms and conditions of sale

Company name: VINATIS S.A.R.L.
Head office: 6 avenue du Pré de Challes - PAE des Glaisins 74 940 Annecy le Vieux (France)
Email: contact@vinatis.com
Telephone: +33(0)4 50 09 09 09
Directors: Olivier IVANGINE et Emmanuel TOUSSAINT
Declared with the CNIL number 1396307
Social capital: 100 000 €
Siret number: 44310052400042
Registred number RCS: 443100524 ANNECY
VAT identification number: FR04443100524
Domain hosted by : OVH - 2 rue Kellermann 59100 Roubaix (France)

Article 1. Application of the present general terms of sales

In order to buy from Vinatis on the website or by phone, you must do so according to these terms and conditions. These conditions are available on the home page of the website. This way, it is possible to become aware of them even before placing an order. So by purchasing, you are agreeing to be bound by them, excluding all other documents published by the seller, such as leaflets or catalogues that are only indicative. If the seller doesn’t respect these conditions at one specific moment, it doesn’t mean that the seller is renouncing to them and won’t enforce them later. Without any special mention agreed in writing between the two parties, all the orders are submitted to these conditions. Our products are exclusively reserved to particulars, excluding the professional retailers. The buyer declares having read and agreed to the present terms and conditions before confirming the order. Confirming the order thus asserts accepting these conditions. Those ones might be modified, but the applicable conditions will be the one available on the website at the date when the order has been placed.

Article 2. Sales and payment

Orders shall be considered definitive after reception of full payment. The different payment methods are: bank transfer, credit card, PayPal, SOFORT Banking, French check. The bill is established by Vinatis and is available in the “Order history and details” section on the customer’s account. If the buyer wishes to receive it by e-mail, he/she has to ask for it to our customer service (contact@vinatis.com or 0033.4.50.09.09.09). Vinatis uses a secure payment system with the standard security technology of SSL, the currently safest and most widely used encryption, to process all transactions. The credit card and bank details are coded and redirected to our payment processor – Banque populaire des Alpes – without navigating through the website. Thus Vinatis does not record or store any information anywhere on the systems or premises. The wines are Vinatis’ property until full payment of the bill, in accordance with the law n°80 336 of 1 May 1980. However, the buyer becomes responsible for the goods once they have been delivered; the transfer of goods is associated with the transfer of responsibility. All offers are valid within the limits of available stocks without obligation and unless sold in the meantime. Some products are rare or subject to speculation: they might be subject to quantity restriction. In such a case, the limit quantity is understood to be per family (same name, same address, same e-mail address, same credit card or same bank account’s owner) and Vinatis reserves the right to refuse an order in case of doubt of a previous similar order. All products signalled as “under 10 days” on the website are valid within the limits of available stocks announced by the domain or merchant that offer the product.

Article 3. Prices

All prices are quoted in euros and include taxes (French taxes and all other applicable taxes), unless sold and without obligation. We offer the possibility to pay in pounds, but every transaction is immediately converted into euros according to the conversion rate of the day. Vinatis won’t thus be responsible for any change of price expressed in pounds of an order or product. The prices are subject to typographical and display error. Vinatis makes every effort to ensure that prices and descriptions are accurate at the time you place the order. But in the unlikely event that the price shown is wrong, Vinatis is not required to sell the goods to the buyer at that price. In the case of an error in the price of products already ordered, Vinatis will contact the buyer as soon as possible in order to give either the option of reconfirming the order at the correct price or cancelling it. The price indicated on the description of the product does not include the delivery fees. All delivery charges are additional. The delivery fees depend on the country of destination, on the number of bottles in the order and/or on the amount of the products. The total amount to be paid is indicated on the confirmation given by Vinatis. This amount includes the prices of the products, the taxes, the handling, packing and conservation costs and the administration and delivery fees. Vinatis reserves the right to change the prices at any time. All promotional campaigns (vouchers, discount codes, etc.) are limited to one person per family and per campaign. Vinatis reserves the right to refuse the orders that do not fulfil this criterion.

Article 4. Availability

Wine is a product subject to vintage changes. Every effort will be made to supply the vintage ordered, but in certain instances, Vinatis reserves the right to supply an alternative vintage provided the quality is comparable and the cost is no greater to the buyer. In the event of a permanent stock shortage, Vinatis will inform the buyer as soon as possible and propose different solutions:

- Replacement of the product by the same wine but next vintage, or by another product from the same or higher quality at the same price,

- Refund of the missing product or of the entire order, according to the customer’s preference,

- In the case of a temporary stock shortage, it is also possible for the buyer to wait for the resupplying.

Article 5. Fraud prevention

In case of refusal of your order by our verification service, VINATIS is able to demand the copy of a valid identity card and proof of address. In the event of a refusal by the client or of the nonconformity of those papers, VINATIS can ONLY accept a payment via bank transfer (VINATIS will cancel any other payments made via credit card or PayPal as soon as the money transfer is received).

Article 6. Shipping

Vinatis accepts and sends an order after reception of full payment and agreement of the verification service. The goods are delivered to the private address of the buyer or to the address that has been indicated and selected during the order. The information given by the buyer during order completion is the responsibility of the buyer: Vinatis won’t be responsible in case of mistake or lack in the address details. In the case of return of the goods, two options will be proposed to the buyer:

- Either a re-shipment of the goods after participation of the buyer to the delivery fees for the new expedition (within the limits of available stocks),

- Or a refund of the products, excluding the delivery fees.

An order can be delivered in only one place and cannot be split to be delivered in two or more different places.

Article 7. Delivery

Vinatis undertakes to deliver the goods the earliest possible and conform to the description of each product available on the website. Delays depend on availability of the products, on the type of shipping chosen and on the country of destination. If the buyer chooses products under resupply, the goods will be sent only once all products are available. If the delays of resupplying cannot be respected, the buyer will be informed at the earliest and will be able either to wait until resupply, cancel the order or change the products in order to have the order on time. The goods are delivered against a signature within the delay indicated in the section “Shipping and delivery”. All the delays indicated in the section are an estimate only and cannot be considered as a legal obligation. If the addressee is not there the driver will leave a card for the addressee to arrange a more convenient delivery time or to indicate where the order is available for a pickup. If the driver leaves a card because the addressee is out, this will count as an attempted delivery. The delivery delays go from the order confirmation, the reception of full payment of the order, the bank authorization (for payment by credit card) and the agreement of our verification service. The seller is not required to deliver in case of major force: war, riot, fire, strike, accidents. Goods are transported at recipient’s risk. The recipient thus has to check the contents of the parcel(s) and to notify any lack, damage or non-conformity on the delivery slip (paper or electronic) in presence of the deliveryman. It must then be notified to Vinatis by mail, e-mail or fax (see the section “contact” for more details) within 21 days.

Article 8. Intracommunity delivery

Every order placed on www.vinatis.com and delivered in a country of the European Union shall be liable to the French law and VAT. Thus, when a customer wishes to have these goods delivered in a country of the European Union, Vinatis undertakes to ship the goods in its name and on its behalf with the delivery company of its choice. VINATIS does not deliver to countries outside the European Union. According to French law, each shipment to a country of the European Union is restricted to 90L (i.e. 120 bottles of 0.75L) for wines and 60L (i.e. 80 bottles of 0.75L) for sparkling wines, so 120 bottles for mixed orders, without exceeding the 60L limit for sparkling wines. By accepting these general terms and conditions while completing the order, the buyer certifies to know these present disposals and accept them. If an order exceeds the limit, Vinatis will refuse the order and will propose an alternative solution. For more information, please contact our customer service at contact@vinatis.com.

Article 9. Withdrawal

In accordance with Article L.121-20 of the French Consumer Code, users have 14 clear days after the delivery to return a product that they are not satisfied with and then get a refund or a replacement. The product(s) shall be in good shape, in the original packaging and accompanied by the invoice. In case some products would have been used or consumed, they will be deducted from the refund. The return charges shall be paid by the user who can choose the delivery company which will return the goods. Goods transit at buyer’s risks. To speed the process, the user should inform Vinatis’ customer service by phone or e-mail. In case the buyer notes an error from Vinatis (example: wrong product delivered), he or she has to notify it on the delivery slip. Vinatis will refund the delivery fees and find an agreement either to replace, return or refund the products.

Article 10. In the event of litigation

The present terms and conditions shall be liable to French law. In the case of litigation, the buyer shall as a matter of priority deal with Vinatis directly in order to solve the problem amicably. Otherwise, all conflicts will fall within the jurisdiction of the Tribunal.

Article 11. Legal information

In accordance with the law n°74-631 of 5th July 1974 and the order n°59-107 of 7th January 1959, Vinatis won’t sell wine to anyone who is not 18 years old or over. By placing an order, the buyer confirms that he or she is at least 18 years old and is legally capable of entering into binding contracts. Alcohol abuse can seriously damage the health. It is a product to drink and enjoy with moderation. In accordance with Article 27 of Law n°78-17 from January 6th, 1978, personal data is used to provide the customer with information and services that he or she may request. The customer has the right of access and rectification of the data recorded. All these information (name, address) are exclusively used by Vinatis. Vinatis is registered to the CNIL. The payment system uses SSL-encryption in order to protect the personal information and bank data of the buyer from being accessed by third parties.

Article 12. Best Price Guarantee

Within a period of 10 calendar days following the date of delivery of the purchased articles on vinatis.co.uk, VINATIS shall refund any price difference that occurred on the purchased goods of which the client would have noticed a price difference to his disadvantage. This guarantee applies when a strictly identical product (same vintner, same estate, same chateau, same vintage, same colour, same content, same certified origin) is found at a lower price for the same number of bottles on an online shop (online wine and champagne shop with a credit card payment method directly through the website) whose estate name is a registered trademark and whose corporate owner is registered in the Trade and Companies Register. The guarantee will be invalid for private online shops, internet auction sites, online stores for private sales (access to the website via a registration, username and password) and private vendor websites, as well as websites in liquidation (declared to be in suspension of payments or liquidation proceedings by the RCS) punctually organizing bin end sales and/or selling at a loss. The comparison and the refund of the difference apply to those articles “including delivery” between the compared web site and Vinatis, that is to say, that the practised shipping costs are an integral part of the full cost prices of the compared articles. You can simply write an email with recorded delivery to contact@vinatis.com within the deadline, giving details of the seller and the observed price. You will get an answer within 72 business hours about the comparison and the confirmation and payment method of the payoff due.

Article 13. Privacy policy

The personal data collected is meant to help meet your expectations and to process your orders. In accordance with the law n°78-17 of January 1978 the 6th on data storage, files and freedoms, you are entitled to consult, correct and erase the personal details you gave to Vinatis. You may exercise this right either on your customer account or by contacting our customer service (e-mail: sav@vinatis.com; address: 6 Avenue du Pré de Challes - PAE des Glaisins - 74940 ANNECY LE VIEUX – France).