TERMS OF SALE
Article 1 - Terms of Sale jurisdiction and definitions
These Terms of Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms of Sale of the current website.
The below listed words define :
- « Site » or « website » : the website https://www/divinecellar.com and all its pages.
- « Publisher » : the legal or natural person responsible for editing and publishing content on the site.
- « User » : the person visiting and using the site.
- « Products » : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
- « Customer » : the user buying a product or service on the site.
- « Consumer » : as defined in the European Directive on Consumer Rights, « natural persons who are acting outside their trade, business, craft or profession »
Article 2 - Terms of Sale application and site purpose
The present Terms of Sale describe the entire agreement between and the website and the customer. They may be modified at any time by the publisher or one of its representative. The Terms of Sale applicable to the user are those in effect on the date of the connection to the site.
The following products are sold on the site : "Wine & Spirits".
The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms of Sale, the user thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and accepted the terms and conditions of this site". Ticking this box will be considered to have the same value as a handwritten signature from the user.
The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.
The acceptance of these Terms of Sale implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.
The sale of alcohol to minors under 18 is prohibited. If the buyer places an order from a country other than France, the buyer must be of minimum legal age to consume alcohol
Abuse is dangerous for your health, drink with moderation.
Article 3 - Member account
Creating an account is a prerequisite to the placing of any order on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information and to notify any relevant change to the Publisher.
The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can choose or generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.
Data collection purpose is the creation of a member account ; this account allows the customer to check all orders made on the site with the account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.
Members are free to delete their account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.
The publisher reserves the exclusive right to delete the account of any member who may have breached the Terms and Conditions of the site, including but not limited to the following cases :
- the member has knowingly provided false information during his or her registration and the creation of an account
- the member has been inactive on the site for at least a year
Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.
Article 4 - Order placing and purchasing process
The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier.
The product images and information texts available reflect the product as much as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.
The "Basket" will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them.
As soon as the user deems to have selected and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.
If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to the placing of the order.
Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers, or will access the required information to send a bank check.
An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.
Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.
Article 5 - Prices and payment process
The prices listed in the catalog are prices shown in Euros including taxes (TTC), and based on the applicable VAT on the day of the order.
DIVINE reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.
The user can place order on this site and pay by credit card, bank transfer. The credit card payments are made through secure transactions provided by an online payment platform provider.
This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by bank check or transfer, delivery time periods defined in these Terms of Sale shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Product stock availability is listed on the site, in the description of each item.
The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
Article 6 - Delivery or dissemination
Delivery costs will be shown to the customer before any payment and will only concern deliveries in the following geographical area . For any other place of delivery, it will be up to the customer to contact customer service.
Unless otherwise stated, the publisher promises to send the products within a maximum period of thirty (30) days after receiving the order.
The buyer is responsible for checking the conformity of the goods delivered at the time of delivery. Any anomaly concerning the delivery (damage, missing product as compared to the delivery order, damaged package, broken product ...) must be indicated by the buyer on the delivery form, as handwritten reserves, accompanied by his or her signature. The buyer will open any defective or damaged package in the presence of the carrier and have the latter bring back the damaged merchandise. It the buyer fails to comply with these requirements and if, by doing so, the seller looses any possibility of appeal against the carrier, the buyer alone will bear the consequences of the damage done to the products.
Any claim not made in the rules defined above and within the defined time periods will not be taken into account and will release DIVINE from any liability towards the buyer.
In case of delivery error or withdrawal (if applicable), any product to exchange or refund must be returned to DIVINE, whole, in perfect condition. The publisher will not be liable for any defects resulting from a mistake or incorrect operation by the buyer.
If the package is returned to the buyer by post, DIVINE will contact the buyer upon receiving the package to ask for further action concerning his or her order. If the buyer refused the package by mistake, he may request the package to be sent again by paying in advance the shipping cost for the renewed shipment. This cost must be paid even for orders whose shipping was free when ordering.
Any delay in delivery superior to seven (7) business days may result in the cancellation of the sale to the consumer initiative, upon written request from him or her by registered post with proof of receipt. The buyer will then be refunded within a maximum period of fourteen (14) days all the costs involved when ordering. This clause wil not apply if the delay in delivery is due to a strike of the staff employed by the carrier, or due to a force majeure event beyond the control of the publisher.
Article 7 - Model withdrawal form
Pursuant to article L.221-18 and following of the French Code de la Consommation, the buyer can wait up to fourteen (14) working days from the date of order delivery to return any product that does not suit him or her and to ask for an exchange or refund without penalty, except for return shipping costs, within 14 working days of his or her requets.
The product must be returned in perfect condition and the undamaged original packaging. If applicable, it must be returned along with all its accessories. The return costs in case of withdrawal must be paid by the buyer, and it is advised form the buyer to return the product through a tracked parcel.
If the above terms are not met, the buyer will lose his right of withdrawal and the product will be returned to him or her at his or her expense.
This following model can be used by any consumer (non-professional) customer, within the limits and conditions stated in the present Terms and Conditions of Sale, to ask for a withdrawal from any contract with DIVINE concluded when placing an order on the website.
To: DIVINE SASU, 5 Chemin Icare, 17110 Saint-Georges-de-Didonne
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service*
Ordered on*/received on*
Name of consumer
Address of consumer(s)
Signature of consumer(s) (only if this form is notified in writing)
*Delete as appropriate.
Article 8 - Products warranty
All products purchased on this website are protected by the following legal guarantees (French Code Civil) ;
Guarantee of conformity
According to Articles L.217-4 and following of the French Code de la Consommation, the seller must deliver goods in conformity with the contract and is responsible for defects existing during product delivery. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date (6 months if the order was placed before March 18th, 2016 or the item sold is a used one).
However, after this period of 24 months (6 months if the order was placed before March 18th, 2016 or the item sold is a used one), it will be up to the customer to prove that the defect existed at the time of delivery.
Hidden defects guarantee
According to Articles 1641 to 1649 of the French Code Civil, the customer may request the exercise of a hidden defects guarantee if the considered defects do not appear at the time of delivery, predated the purchase (and therefore does not result from normal wear of the product, for example) and be serious enough (the defect must render the product unfit for the use for which it is intended, or hinder this use to such an extent that the buyer would not have bought the product or would not have purchased it at such a price if he or she had known the default).
In case of non-conformity of a product sold on the site, it can be returned to the publisher who will refund or exchange it. If a product exchange is not possible (e.g. obsolete or out of stock product) the buyer will be reimbursed by bank check for the amount of the order minus the carrier costs related the sending of the initial order.
Article 9 - Customer service
The site customer service is available by e-mail at the following address: firstname.lastname@example.org or through mail at this address 5 Chemin Icare, 17110 Saint-Georges-de-Didonne in case of which the publisher agrees to provide a response within 7 days.
DIVINE also makes available to its users and customers a hotline or helpline, to discuss their issues. The hotline can be contacted by phone at the hotline number +33(0)986778862.
Article 10 - Liability
The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, DIVINE shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise.
The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if the customer is not a professional and withdrawal right is applicable to the contract, according to the article L.221-18 and following of the French Code de la consommation).
The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
- the advertisements content and other links or external sources the user may access through the site.
The photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.
Article 11 - Intellectual property rights relating to information published on this site
Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.
Copying any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting.
Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.
This site uses elements (images, photographs, content) whose credits go to: partner domains & maisons.
Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.
Article 12 - Terms of Sale framework
If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms of Sale describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms of Sale are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms of Sale and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Sale, shall be in the French language.
Article 13 - Eligible law and consumer mediation
These Terms of Sale are subject to the application of French law.
Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms of Sale may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings.
It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.
As required in the article L.612-1 of the French Code de la consommation, DIVINE SASU guarantees that the customer can seek a free-of-charge consumer mediation for the amicable resolution of any dispute with the publisher.
DIVINE SASU offers its nonprofessional customers the mediation of the following mediator :
- MEDIATEUR DE LA CONSOMMATION AGREE - DEVIGNY MEDIATION
Mediation is not mandatory but only offered to allow informal resolution of disputes and avoid unnecessary litigation.
All rights reserved - 17 June 2020