Terms and Conditions (T&C)
Article 1 – Designation of the seller
This site is published by the company LMJ SARL, operating under the trade name DIVINELOIRE, Headquarters: 45 rue Jules Simon 37000 TOURS, hereinafter referred to as DVL.
DVL is a Wine Products and Services distribution company which operates in particular from France a free online sales platform allowing individuals to buy wine products offered for sale by professional winegrowers located in Metropolitan France within the framework of of their professional activity.
Article 2- General provisions relating to these general conditions of sale (hereinafter the GTC)
2. 1. Purpose of the GTC
The GTC are applicable exclusively to the online sale of wines, spirits, champagnes, alcohol and / or alcoholic products on the site www.divineloire.fr (hereinafter the site).
2. 2. Scope of the GTC
The GTC are exclusively applicable to products delivered to Customers established in mainland France excluding Corsica.
The T & Cs are drafted as well as all the contractual information mentioned on the site in French.
2. 3. Availability and enforceability of the GTC
The T & Cs are made available to Customers on the seller’s site where they can be viewed directly.
The GTC are enforceable against the Customer who acknowledges, by ticking a box provided for this purpose, to have read and accepted them before placing an order.
The validation of the order by its confirmation constitutes full and unreserved acceptance by the Customer of the GTCs in force on the day of the order (the conservation and reproduction of which are ensured by the seller). No particular condition may, except formal and written acceptance by DVL, prevail over these general conditions.
Any clause to the contrary posed by the Customer will therefore, in the absence of express acceptance, be unenforceable against DVL, regardless of when it may have been brought to the attention of DVL.
The fact that DVL does not take advantage at a given time of any one of these general conditions and / or of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted. as a waiver by DVL to subsequently invoke any of the aforesaid conditions.
2. 4. Modification of the GTC
The seller reserves the right to modify its T & Cs at any time.
In the event of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which can be given to the Customer at his request.
Article 3- Products
3. 1. Features
The products offered for sale presented in the catalog published on the site are each the subject of a description mentioning their essential characteristics.
The photographs illustrating the products do not constitute a contractual document.
3. 2. Availability of stocks
The products are offered and delivered within the limits of available stocks.
If the ordered product is unavailable, the seller immediately informs the Customer and can offer him a product of equivalent quality and price or, failing that, a credit for the amount of the order that can be used for any next order.
If the buyer disagrees, the seller reimburses the amounts paid within 5 working days.
Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the breach of the contract is personally attributable to him.
Article 4- Price / Invoicing
4. 1. Sale price
The selling prices are indicated, for each of the products appearing in the electronic catalog, in euros including tax, excluding incidental costs and delivery and transport costs, mentioned before validation of the order and invoiced in addition.
The total amount owed by the Customer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The selling price of the products does not include the shipping costs invoiced in addition to the price.
All taxes specific to the order will be the sole responsibility of the Customer.
The sales are concluded under the regime of the taxes, duties, duties, exchange rates or other services to be paid on the day of the order, and which remain the responsibility of the Customer. Any increase in these taxes, duties, fees or other services payable under French regulations or those of an importing country or a transit country, before the delivery date, will result in an equivalent increase in the sale price. .
4. 2. Modification
The seller reserves the right to modify its prices at any time, while guaranteeing to the Customer the application of the price in force on the day of the order.
4. 3. Fees
The additional costs of transport, delivery or postage, which the customer was able to take cognizance of before ordering, are fixed when ordering.
4. 4. Billing
The invoice is established for each order and made available to the customer in his user account on the website as from the validation of the order.
Article 5- Offer
5. 1. Domain
The online sales offers presented on the site are reserved for Customers residing in mainland France, excluding Corsica, and for deliveries in these same geographical areas.
5. 2. Duration
The online sales offers presented on the site are valid, in the absence of specific duration indication, as long as the products are listed in the electronic catalog and within the limits of available stocks.
5. 3. Acceptance
Acceptance of the offer by the Customer is validated by confirmation of the order.
Article 6- Order
6. 1. User account
The Customer has a user account on the site, including in particular: his identity, his contact details. The Customer is responsible for the information contained in his user account.
This user account is accessible by the Customer through an internet connection. For security and confidentiality reasons, only the combination of confidential username and password allows the Customer to access his user account. Usernames and passwords are proof of the Customer’s authorization, and are binding on him, therefore, for any use made through them. They have the value of electronic signatures.
The Customer is solely responsible for the conservation and disclosure of his access codes. DVL cannot be held responsible, in any way whatsoever, for the fraudulent or negligent use of the Client’s access to the site by third parties who have knowledge of said username and password.
The Customer undertakes to notify DVL without delay of any loss of his username and / or password, as well as any fraudulent use thereof, in order to allow the implementation of the necessary measures and, in particular, to allow DVL, if necessary, to block access to the site via the username and / or password in question.
If DVL has reason to believe that the security of the Service is threatened or that it is being misused, DVL will take the necessary measures and, if necessary, inform the Customer.
6.2 Steps for concluding the contract
To place an order, the Customer, after having filled his virtual basket (indicating the selected products and the desired quantities), follows the steps to finalize his order and provides information relating to the delivery and the method of payment.
Before validating his order, the Customer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.
Confirmation of the order by the Customer constitutes full and complete acceptance of the GTCS.
The seller reserves the right to refuse any order.
6. 3. Order modification
Any modification of an order by the Customer after confirmation of his order is subject to acceptance by the seller.
The seller is entitled to refuse any request to modify an order, without having to justify his refusal.
The refusal to modify an order does not give the right to the payment of any compensation for the benefit of the customer.
Article 7- Payment
7. 1. Payability / Collection
The price is payable immediately upon ordering. Payment is made by credit card on the site.
No discount is granted for cash or advance payment.
7. 2. Payment security
The site is equipped with an online payment security system allowing the Customer to encrypt the transmission of his bank data.
Article 8- Delivery
8. 1. Definition
Delivery means the transfer to the Customer of physical possession or control of the good. Delivery is made by delivering the product to a shipper or carrier.
8. 2. Shipping and delivery time
The order preparation time for the delivery of the products is specified by the seller when confirming the order.
Delivery, on time, can only take place if the Customer is up to date with his obligations to the Seller, whatever the cause or origin.
8. 3. Delay in delivery
When the ordered product is not delivered on the date or at the end of the contractual period, the Customer may, after unsuccessfully enjoining the seller to perform his delivery obligation within a reasonable additional period, terminate the contract by registered letter. with request for acknowledgment of receipt or in writing on another durable medium.
The contract is terminated without compensation from either side.
8. 4. Place of delivery
The products are delivered to the address specified by the customer when ordering. The products are delivered exclusively on the territory of metropolitan France, excluding Corsica.
8. 5. Terms of delivery
Even shipped free, the products always travel at the risk and peril of the Customer.
The Customer must check the condition of the order at the time of delivery, in the presence of the deliveryman. This verification must relate to the quality, quantities and references of the products as well as their conformity with the order.
It is the Customer’s responsibility to provide any justification as to the reality of the defects or anomalies observed. He must give the Seller every facility to establish these defects and to remedy them.
In the event of damage occurring during transport, the Customer will make all legal reservations to exercise his recourse against the carriers, make reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the seller thereof. .
No complaint will be taken into account after 48 hours from delivery.
8. 6. Product conformity
If the product does not comply with the order, the Customer must send a complaint to the seller within 48 hours with a view to obtaining the replacement of the product.
After validation by the Seller of the Customer’s complaint, the latter returns the non-conforming product, in the condition in which it received it. He agrees to comply with the Seller’s instructions relating to the transport of said product. The transport costs are borne by the Seller.
The Customer agrees to ensure proper conservation of the product until it is returned and to comply with the Seller’s instructions.
8. 7. Unavailability of products
If the products are unavailable, the seller can offer a product that is equivalent in terms of quality and price.
8. 8. Delivery and transfer of risk
The risks associated with the product, including loss or damage, are transferred to the customer when the seller hands the product to the carrier. The products travel at the risk and peril of the customer.
Article 9 – Refusal to sell
If, when ordering products, the Customer has not fully performed all his obligations, the Seller reserves the right to refuse to validate and / or process any subsequent order, issued by the Customer, without the latter being able to claim damages.
Article 10 – Force Majeure
In the event of force majeure, DVL reserves the right to cancel or postpone the delivery of orders, without the Customer being able to claim damages.
Any event beyond the control of the Seller and hindering the normal operation of order processing or shipment of products constitutes a case of force majeure.
In particular, cases of force majeure are considered to be war, riots, fires, floods; the interruption of the supply of energy, raw materials or spare parts; as well as total or partial strikes of any kind hindering the smooth running of the Seller’s company or that of one of its suppliers, subcontractors or carriers, in particular strikes by postal services, transport; the impossibility for the Seller to be supplied himself; and any event likely to upset the installation and organization of the Seller (in particular accidents, death, etc.).
The Seller will keep the Customer informed of the occurrence of the cases and events listed above.
Article 11- Liability
11. 1. Disclaimer of liability
The seller cannot be held liable in the event of non-performance or improper performance of the contract due either to the customer’s fault, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
11. 2. Product safety fault
In the event of damage caused by a defect in the safety of the product, the Customer must seek the liability of the manufacturer identifiable from the information mentioned on the product.
Article 12- Intellectual property
The elements reproduced on this site www.divineloire.fr, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction and dissemination of these elements, without the prior written permission of the publisher, exposes offenders to legal proceedings.
Article 13- Customer acceptance
These General Conditions are expressly approved and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and thereby waives the right to rely on any contradictory document and, in particular, his own general purchasing conditions, which will be unenforceable against the seller, even if he has knowledge of it.
Article 14- Processing of personal data
14.1. Collection and use of personal data
DVL implements the processing of personal data. DVL is the data controller.
In general, the personal data communicated by the Customer (with the exception of the password which is encrypted and can never be read) is intended for the authorized personnel of DVL who is the data controller, or if applicable its providers.
The processing of personal data implemented has as a legal basis:
The legitimate interest pursued by DVL when it pursues the following purposes:
– customer and prospect relationship,
– organization, registration, and invitation to events organized by DVL,
– marketing management,
– reporting, segmentation.
The execution of pre-contractual measures or the contract when it implements processing for the purpose of:
– management of access to the Customer account,
– order processing and follow-up,
Compliance with legal and regulatory obligations when implementing processing for the purpose of:
– fight against fraud,
Customer data, with the exception of the password, may be transmitted to DVL partners for order processing purposes as well as for customer relationship management and commercial prospecting purposes.
14.2 Commercial prospecting
Unless the Customer expressly objects, he is likely to receive promotional offers from DVL and / or its Partners.
14.3 Customer rights
Under the conditions defined by the Data Protection Act and the European data protection regulations, individuals have the rights of access to data concerning them, of rectification, of interrogation, of limitation, of portability, of erasure. and opposition.
The persons concerned by the processing carried out also have the right to oppose at any time, for reasons relating to their particular situation, to the processing of personal data having as a legal basis the legitimate interest of DVL. , as well as a right of opposition to commercial prospecting.
They also have the right to define the general and specific directives defining the way in which they intend to exercise, after their death, the rights mentioned above by e-mail to the following e-mail address: email@example.com, or by postal mail addressed to the Headquarters address, accompanied by a copy of a signed identity document.
Data subjects have the right to lodge a complaint with the CNIL.
14.4 Retention period of your personal data
The personal data thus collected by DVL are kept for the time necessary for the execution of the contract, the management of commercial prospecting, etc.
Some of the personal data will also be kept by DVL within the time limits imposed on it by law in order to meet its legal obligations.
Article 15- Complaints
Complaints will only be admissible within 48 working hours from the date of delivery of the products.
Even well founded, the complaints do not justify the right to operate, by the Customer, withholdings on the sums due to DVL.
Any product return must be the subject of a formal prior agreement between DVL and the Customer. Otherwise, the returned products would be made available to the Customer and would not give rise to the establishment of a credit or a replacement.
Article 16- Completeness
In the event that any one or more of the provisions of these general conditions of sale are, for any reason whatsoever, deemed null or unenforceable, this nullity or unenforceable nature will not affect any other provision. The seller will replace said provision with a valid and enforceable provision, in accordance with legal and regulatory provisions.
Article 17- Settlement of disputes
All disputes relating to the nature, amount, payment for the goods, as well as the application of these conditions of sale, are subject to French law.
In the event of a dispute, jurisdiction is attributed to the Commercial Court of Tours, which will have sole jurisdiction. This clause applies even in the event of summary proceedings, incidental demand, guarantee appeal or multiple defendants, and regardless of the mode and terms of payment, without the jurisdiction clauses that may exist on the documents of the Customer may obstruct the application of this clause.
Updated on 10/04/2021