Standard terms and conditions of sale – VINORA
Article 1—Scope of applicability
The standard terms and conditions of sale (“T&Cs”) set out herein apply to any and all purchases made through the VINORA membership association (“VINORA”) on-line via its website vinora.vin. Customers can find out the terms of their purchase by clicking on “Standard Terms and Conditions of Sale” at any time, even before they make a purchase.
By placing a purchase order, CUSTOMER agrees to accept and adhere to all the clauses set out in these T&Cs, without exceptions, restrictions, or conditions. Only a written agreement stipulating special conditions between the parties may derogate from these T&Cs; without such written special counter-provisions, these T&Cs automatically frame contractual relations between Customer and VINORA ipso jure.
Offers advertised by VINORA are reserved for private VINORA members and legal entities such as companies, buyer groups, and wine merchants under certain conditions.
Customer is to declare, before confirming their order, that they accept and consequently adhere outright to these T&Cs.
Article 2—Purchases
All payments are made through the website vinora.vin or to the VINORA membership association’s registered office.
The applicant for use of the mark puts together a basket by choosing the number of products for labelling and any additional options it wants or needs to include. Once Customer has completed their selection, they validate their basket and method of payment.
After accepting the T&Cs, the orders placed become firm and final when confirmed by Le Cercle des Vins Confidentiels, and validated when payment for the products/service is registered.
The VINORA admin department reserves the right to require Customer to furnish proof of legal identity and address (‘K bis’ French company record, intracommunity VAT number for legal persons) in order to validate the order placed. VINORA may refuse to execute the order if Customer refuses to furnish said proof or furnishes nonconform records, or if Customer refuses to go through this verification-check process.
The VINORA admin department also reserves the right to cancel individual orders if it deems said orders fail to comply with satisfactory standards (doubts surrounding customer identity, identity theft, fraud accounts, etc.).
VINORA issues Customer an invoice that can be sent either by email, sent to the billing address, or packed with the delivery. Customer will get an order confirmation by email.
Pursuant to the terms of French law No.°80 336 of May 1st 1980 governing retention of title, products shall remain the property of VINORA until VINORA has received confirmed full payment of the invoices.
Title and liability—and consequently risk—pass from VINORA to Customer on delivery of the goods.
Article 3—Payment options and prices
A—Payment options:
Payment for the products can be made by cheque, bank transfer, or credit card. Payment by cash is accepted only if Customer picks the products up from the VINORA offices, and only up to the legal thresholds practiced.
By cheque:
Cheques can only be accepted if written out in Euros and drawn on an account domiciled in France. The payee account is: Association VINORA, 5 rue Emile Duclaux, 63360 SAINT-BEAUZIRE, FRANCE
Due to the risks of cheques bouncing, VINORA may ask Customer to provide additional information before we accept payment by cheque.
By bank transfer:
Order the bank transfer to the following bank account:
Crédit Agricole Centre France
account number 16806 03200 66095513884
IBAN FR76 1680 6032 0066 0955 1388 416
BIC AGRIFRPP868
B—PRICES:
For France , all advertised prices are quoted in Euros (€) and are inclusive of tax (French VAT and all other applicable taxes). For the other countries in the European Union, prices vary depending on country of delivery and will be inclusive of local VAT rate practiced in the country of consumption as well as other taxes (typically excise duties). Prices may vary for the same product/service depending on the quantities chosen for order.
VINORA reserves the right to amend its listed price schedules.
All promotional operations (vouchers, discounts, partner discounts, etc.) are limited to one person per household and per operation. VINORA reserves the right to refuse to accept any orders that contravene this provision.
Article 4—Delivery:
France deliveries: Once we have validated the order/application and received payment for the order, VINORA launches the delivery/audit operations. Items ordered will be delivered to the address given by the Customer. Customer is liable for the accuracy of deliver-to details given. VINORA cannot be held liable for any non-delivery or misdelivery due to wrong or missing information. In the event of a product return due to an incomplete address, Customer will have the option of modifying the delivery address for a re-shipment, provided they pay the allied re-shipment costs.
EU deliveries: For customers requiring delivery to one of the EU countries listed as countries we deliver to, VINORA will handle shipment of its products under the same arrangements as for France deliveries.
Liability in transit: It is Customer’s responsibility to check the contents of the package at delivery, and to file a formal record of any damages or under-delivery observed: either on the carrier’s delivery note, or by immediately calling the carrier’s customer services team with the driver alongside, but always also notifying VINORA by REGISTERED LETTER WITH SIGN-FOR DELIVERY to its mail-to address within 2 (two) days of receipt of the package AND by email to: contact@vinora.vin
Lead times: VINORA warrants to make every effort to serve and deliver orders as swiftly as possible. Effective lead times vary depending on product ordered, delivery arrangements chosen, and country for delivery.
Article 5 : Stock and stockouts :
If a product ordered goes out of stock, VINORA will promptly notify Customer of the event and offer two alternative solutions:
– Customer can wait until the date stated for reprocurement
– Customer can get immediate reimbursement for the products that are no longer available.
Article 6 : right to cancel a sale :
Pursuant to article L.221-8 of the French Consumer Code, Customer has a cooling-off period of 14 (fourteen) days after taking delivery of the order in which Customer can decide to return the delivered item for either exchange or refund, at no other penalty than the costs of return shipment.
Conditions
You have the right to cancel this sale order within fourteen days, without having to cite any reason.
The cooling-off period expires 14 (fourteen) days after the day that either you or your designated third party (other than the carrier) physically takes possession of the goods.
To exercise this right to cancel the sale, all you have to do is notify us via an unambiguous statement of your decision to cancel, such as by registered letter with sign-for delivery to VINORA – 5 rue Emile Duclaux, 63360 Sainte-Beauzire, FRANCE, or by email to: contact@vinora.vin
To ensure you benefit from this cooling-off period, you simply have to make sure that you get this notice to us before the cooling-off period expires.
Effect of cancelling a sale
In the event that you exercise your right to cancel this sale, we will only refund you for the paid-for products sent to you (delivery and transport costs included). Refunds are made via the same method of payment as used for the original transaction, unless you expressly agree to a different method, in which case there will be no charge to you. We may defer the refund until we have received the returned goods or until you have provided proof of shipment of the goods being returned, whichever comes first.
Returns are to be made in person or shipped to VINORA, 5 rue Emile Duclaux, 63360 Saint-Beauzire, FRANCE without undue delay and no later than 14 (fourteen) days of communicating your decision to cancel. This window will be considered met if you return the goods before the fourteen-day cooling-off period has expired.
All direct costs of return shipment will be chargeable to you.
You will only be liable for any handling-related damage to goods other than the handling required to establish the nature and characteristics of the goods and that they are functionally satisfactory. If any products have been opened or consumed, then VINORA reserves the right to deduct the price of said products from the refund made to the buyer.
Article 7 : Dispute:
These standard terms of conditions of sale are governed by French law.
Customer shall refer any disputes arising out of this contract to the customer service ombudsman for mediation.
Article 8 : Data privacy and protection:
Our efforts to meet customer needs and deliver optimal service remotely mean that the VINORA membership association needs to collect and record certain personal data (full name, address, email address). All such information is exclusively for use by VINORA only.
We use an SSL-protocol system to securely process your online payments by credit card. Furthermore, the banking information you provide when you make an online purchase through us does not gets stored and is never made readable on the Internet. VINORA warrants that your data will be kept confidential.
Articles 9 : Visuals:
Photos and illustrations used on the website are not contractual. All images and photographs on our website are the exclusive property of VINORA and are not free to use.
Articles 10 : Disclamer:
All text details and photos presented on the website are provided for information purposes only and are not legally binding. There may be differences between product-as-shown and product ordered for delivery to you.
Articles 11 : Médiation – Governing Lax :
12.1 Governing law
This contract is drafted in French. All the clauses and provisions set out in these standard terms and conditions of sale, and all transactions and purchase operations executed through the website www.vinora.vin as well as by mail and by phone are governed by French law and legislation. The forum for dealing with any dispute that cannot be resolved amicably will be the local court serving the VINORA registered office or the administrative-region court chosen by the customer.
Article 13 : Terms of contract :
If any clause or sub-clause of these T&Cs is held to be invalid or unenforceable, the validity of the other clauses and sub-clauses shall not be affected and these T&Cs will consequently survive and remain in full force and effect.
These T&Cs are subject to change at any time. The applicable version of our T&Cs is the version published on the website on the date Customer places their order.
Articles 14 : Liability– and Force majeure :
VINORA cannot be held liable for nonperformance or partial failure to execute any of its contractual obligations for reasons due to Customer, due to unforeseeable, irresistible, external events due to a third party, or due to events considered as force majeure (as defined by case law).
