GENERAL TERMS AND CONDITIONS OF SALES ONLINE ANIMA VINUM

ARTICLE 1: PURPOSE - APPLICATION OF GENERAL TERMS AND CONDITIONS OF SALES
ARTICLE 2: IDENTIFICATION OF THE COMPANY - LEGAL INFORMATION
ARTICLE 3: PROTECTION OF MINORS - ADVERTISEMENT- CAPACITY OF THE PURCHASER
ARTICLE 4: ESSENTIAL CHARACTERISTICS OF THE PRODUCTS OFFERED FOR SALE
ARTICLE 5: PRICE ITEMS - TIME JOBS AND CONTROLS
ARTICLE 6: CONCLUSION CONTRACT ONLINE
ARTICLE 7: PAYMENT
ARTICLE 8: WITHDRAWAL PERIOD
ARTICLE 9: DELIVERY OF ARTICLES
ARTICLE 10: LEGAL WARRANTY OF CONFORMITY - GUARANTEE OF HIDDEN DEFECTS
ARTICLE 11: PERSONAL DATA
ARTICLE 12: APPLICABLE LAW - LANGUAGE
ARTICLE 13: INTELLECTUAL PROPERTY
ARTICLE 14: SETTLEMENT OF DISPUTES
ARTICLE 15: PROFESSIONAL CLIENTS

ARTICLE 1: PURPOSE - APPLICATION OF GENERAL TERMS AND CONDITIONS OF SALES

_______________________________________________________________

These general conditions of sales govern contracts for online business through which the company ANIMA VINUM offers remotely and electronically providing goods within its business. They were drafted to formalize the commercial transaction. They apply to the sale of products by the company ANIMA VINUM shop, accessible through the Internet at the following address: www.animavinum.fr
The general conditions of sales are made available to the buyer on the homepage of the website "www.animavinum.fr". The buyer can therefore freely consult by clicking on the "Terms of sales" to know before engaging in the ordering process. The fact that a user, buyer confirm the order on the website (by clicking the "order" button) implies full membership of these Terms of sales in their entirety to the exclusion of any other document . The fact that ANIMA VINUM does not prevail at a given moment of any provision hereof shall be interpreted as a waiver to take advantage later of one of any contractual provisions. Tenders issued by ANIMA VINUM are reserved exclusively to consumer clients. ANIMA VINUM provides the buyer with the general sales conditions in a way that allows them permanent and easy access, retention and reproduction. It remains bound by its offer as it is available electronically for its own conduct. Unless proved otherwise, the data recorded by ANIMA VINUM constitutes proof of all transactions. Changes to these General Terms are binding to site users and cannot be applied to previously concluded transactions.

ARTICLE 2 : IDENTIFICATION OF THE COMPANY - LEGAL INFORMATION

_______________________________________________________________

Denomination: ANIMA VINUM
Trade name : animavinum.fr

Head office : 6 rue de Mazeray, 21190 MEURSAULT
Capital: 15 245 €
Legal form: Société à Responsabilité Limitée
registration: RCS DIJON B 424 819 977
legal representatives: M. VANDROUX Jean-François et M. GRIMALDI Pierre
Email address : contact@animavinum.fr
Phone number: 03 80 22 22 01
Fax number: 03 80 22 22 02

Address for correspondence and complaints :  contact@animavinum.fr

Individual VAT identification number, pursuant to Article 286 ter of the General Tax Code:FR 29424819977

 

ARTICLE 3: PROTECTION OF MINORS - ADVERTISING- CAPACITY OF THE PURCHASER

_______________________________________________________________

In accordance with Article L. 3342-1 of the Public Health authorities which states. "The sale of alcoholic beverages to minors is prohibited. The offering of these drinks free of charge to minors is also prohibited in shops or public places. The person who delivers the beverage may require the client to establish proof of age. "The purchaser certifies, when completing the order, to be of age at the time of the order by checking the appropriate box Furthermore, they are reminded of the following articles of the code of public health relating to advertising:
Article L. 3323-2: Propaganda or advertising, direct or indirect, for alcoholic drinks whose production and sale is not prohibited is permitted only:
1 In the print media to the exclusion of publications for the youth, defined in the first paragraph of Article 1 of Law No 49-956 of 16 July 1949 on publications intended for young people;
2. By way of sound broadcasting for the categories of radio stations and time slots determined by decree of the State Council;
3. In the form of posters and signboards; in the form of posters and objects within the point of sales to specialized nature in conditions defined by decree in Council of State;
4. In the form sent by the producers, manufacturers, importers, traders, dealers or warehousemen, messages, commercial flyers, catalogues and brochures, as long as these documents contain only the particulars provided in section and product terms and conditions they offer;
5. By registering on vehicles used for normal operations delivery drink, since that registration has only the product description and the name and address of the manufacturer, agents or custodians, excluding any other indication;
6. As for traditional festivals and fairs devoted to local alcoholic beverages and inside these, under conditions defined by decree;
7. Support to museums, universities, fraternities or introductory courses in winemaking traditional character as well as for presentations and tastings, under conditions defined by decree;
8. In the form of offer, free of charge or, strictly reserved objects to the consumption of beverages containing alcohol, marked with their names by producers and manufacturers of these drinks, on the occasion of the direct sale of their products to consumers and distributors or on the occasion of the sightseeing place of manufacture;
On 9th communications services in line with the exception of those which, by their nature, their presentation or subject, appear primarily for youth, as well as those published by associations, companies and sports federations or leagues professional within the meaning of the sports code, subject to propaganda or advertising is neither intrusive nor interstitial. Any sponsorship operation is prohibited when its object or effect of propaganda or advertising, direct or indirect, for alcoholic beverages.
Article L. 3323-3: Is considered as indirect advertising or propaganda or advertising for an organization, service, activity, product or article other than an alcoholic beverage which by its graphics, presentation, use of a name, a brand, an advertising logo or other distinctive sign reminds an alcoholic beverage. However, these provisions do not apply to propaganda or advertising for a product other than an alcoholic beverage that has been placed on the market before 1 January 1990 by a company legally or financially separate from any company manufactures, imports or sells an alcoholic beverage. "
Article L. 3323-4: Advertising authorized for alcoholic beverages is restricted to the indication of the alcoholic degree of alcohol, the origin, the name of the product composition, the name and address of manufacturer, agents and custodians as well as the production method, terms of sales and product consumption mode. This publicity may include references to production areas, the distinctions obtained, the origin as defined in Article L. 115-1 of the Consumer Code or geographical indications as defined in treaties and conventions International duly ratified. It may also include objective references to the colour and smell and taste characteristics of the product. The packaging may be reprinted if it complies with the aforementioned. Any advertising for alcoholic beverages, except for commercial circulars to persons acting professionally or subject to registered items as well as posters, rates, menus or objects within the sales premises at specialized nature, must be accompanied by a sanitary character warning stating that alcohol abuse is dangerous for health. "any buyer must declare to be at least eighteen years old and have the legal capacity or hold a legal authorization to place an order on the site. the purchaser certifies, when completing the order, to be eighteen (18) years of age at the date of the order by checking the appropriate box.

ARTICLE 4: ESSENTIAL CHARACTERISTICS OF THE PRODUCTS OFFERED FOR SALE

_______________________________________________________________ 

The products offered for sale by ANIMA VINUM are those presented for sale and described on its website, in a detailed note for each product.
ANIMA VINUM takes great care in the implementation of accurate information and a complete description of the items available on its website. In a spirit of constant improvement of its quality, ANIMA VINUM invites every visitor to its site to identify any inaccurate information that could be included. ANIMA VINUM cannot be held liable for non-substantive errors which may occur in the description of the products offered for sale. The photographs on the website are indicative and have no contractual value. The area of ​​delivery of the products is: mainland France and Corsica, South Africa, Alaska, Germany, Arizona, Australia, Austria, Belgium, Bulgaria, Büsingen, California, Campione d'Italia, Canada, Columbia, Ceuta, China, Cyprus , South Korea, Croatia, Denmark, Delaware, United Arab Emirates, Spain, Estonia, Finland, Florida, Georgia, Greece, Greenland, Guadeloupe, Guernsey, Hawaii, Hong Kong, Hungary, Reunion Island, Isle of Man, Islands Canary Islands, Faroe Islands, Iceland, Ireland, Israel, Italy, Japan, Jersey, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Morocco, Martinique, Melilla, Mexico, Monaco, Norway, New Zealand, Netherlands, Philippines, Poland, Portugal , Rep. Czech, Romania, United Kingdom, Russia, Saint Barthelemy, Saint Martin, San Marino, Singapore, Slovakia, Slovenia, Sweden, Taiwan, USA.
The product offers and prices are valid whilst they are visible on the website and in stock. Deliveries are made by the carrier.

 

ARTICLE 5: PRICE ITEMS - TIME JOBS AND CONTROLS

_______________________________________________________________

Prices include all taxes but exclude shipping costs. The prices include VAT and excise duties and other taxes. ANIMA VINUM reserves the right to change prices at any time but the products ordered are charged at prevailing prices at the time of registration of the order. These prices are firm and not subject to revision during their period of validity, as indicated on the website. They do not include processing fees, shipping, transportation and delivery, which are charged extra as follows. These shipping costs vary depending on the number of products ordered and the country of dispatch. In most cases references are subject to a minimum of controls. This particular condition is clearly stated on the site for each of the references. For example: a case of 6 bottles for 75cl bottles or a box of 3 bottles for magnums. It is specially provided that in case of an error in the delivery address provided by the customer, requiring ANIMA VINUM to return the orders to its warehouse, the buyer will cover the costs. Moreover, ANIMA VINUM will be entitled to charge the administrative and transport costs associated with return orders, i.e. € 25 including all taxes for up to 3 parcels, on presentation of the invoice. A payment confirmation of the order is made by ANIMA VINUM and emailed to the CUSTOMER once the amount of the order is paid online. A detailed invoice is available to the CUSTOMER under "my account". If the product is unavailable after placing the order, ANIMA VINUM notifies the buyer by mail. ANIMA VINUM will offer the buyer a quality wine and / or equivalent value. Similarly, if the goods are damaged or destroyed during the preparation of the order and transport, and that consequently they are found to be out of stock, ANIMA VINUM reserves the right to propose to the purchaser a quality product and / or an equivalent value. In any event, the buyer will have the option to accept or decline the replacement by replying to the email sent by ANIMA VINUM. A written reply sent by the buyer within 8 days from the dispatch of the aforementioned email, will result in the order being cancelled and the buyer will be refunded immediately. If no replacement is possible, the order will be cancelled and the buyer will be refunded immediately. Any order placed on the site and delivered outside France may be subject to taxes and customs duties, which are imposed when the package reaches its destination. These customs duties and possible taxes relating to the delivery of an item are the responsibility of the customer. ANIMA VINUM is not required to check and inform the customer of customs duties and taxes.

ARTICLE 6:  CONTRACT ONLINE
_______________________________________________________________

a) Formalities: Before confirming acceptance the buyer checks:
- The details of the order:
• goods or services concerned,
• reductions in price,
• payment method,
• Delivery method.
- The total price including VAT,
- And corrects any errors.
b) Receipt of the electronic control: ANIMA VINUM sends the buyer an acknowledgment of the order that was sent electronically, as soon as possible. This formality gives the buyer the certainty that his order has been taken into account.
c) Confirmation of the order by the consumer. The buyer confirms the order summary including the following elements:
- Information relating to the offer of the contract (name and contact, delivery, payment terms, delivery);
- Information on the conditions and procedures for exercising the right of withdrawal;
- Business address of the supplier where the consumer can address any complaints;
- Information on the after sales service and commercial guarantees.
The contract will be definitively concluded between the two parties when the buyer has materially reiterated acceptance of the contract by double clicking to validate the present Terms.

 

ARTICLE 7 : PAYMENT 

_______________________________________________________________

The price is payable in full on the day of placing the order by the buyer, as detailed in the section on the prices of goods (Article 5). ANIMA VINUM shall not be required to make delivery of products ordered by the Customer if the price has not previously been paid in full (price including VAT and delivery costs )
The payment of the order will be considered final after actual collection of amounts owed to ANIMA VINUM. The settlement of purchases is made in Euros by credit card via a secure payment system (Visa, Visa, Mastercard).
ANIMA VINUM, in collaboration with the Caisse d'Epargne (Systempay payment module) has set up a secure online credit card payment process which is based on the latest encryption technology, a real benchmark for secure payment . Upon payment, the buyer will be asked to register their name, numbers, expiry date and credit card security code (3 digits on the back of the card) which are immediately encrypted in their computer before being sent over the Internet . Thus, no confidential information circulates on the network without first being encrypted. Moreover, bank information provided to ANIMA VINUM is not stored or displayed on the internet. No one can intercept this information.
ANIMA VINUM will not be required to undertake the delivery of products ordered by the buyer if the latter did not pay the price in full and in the terms indicated above. ANIMA VINUM reserves the right, in case of non compliance with payment terms set out above, to suspend or cancel delivery of current orders made by the Purchaser.

ARTICLE 8: WITHDRAWAL PERIOD

_______________________________________________________________

Pursuant to Articles L. 121-16 and L. 121-20 of the Consumer Code: "The provisions of this subsection shall apply to any sale of goods or provision of a service concluded without the simultaneous physical presence of the parties, between a consumer and a trader who, for the conclusion of this contract, exclusively uses one or more distance communication techniques. However, they do not apply to contracts for financial services. The consumer has a period of seven days to exercise his right of withdrawal without any reasons or pay penalties, except, where applicable, the cost of return. The consumer may waive this delay in the case it could move simultaneously and where he needs to call an immediate service and necessary living conditions. in this case, he would continue to exercise his right of withdrawal without any reasons or pay penalties. The period mentioned in the preceding paragraph shall run from the receipt of the goods or acceptance of the offer for services. Where the information provided for in Article L. 121-19 was not provided, the period for exercising the right of withdrawal is extended to three months. However, where the provision of such information occurs within three months from the receipt of goods or acceptance of the offer, she runs the seven-day period mentioned in the first paragraph. When the seven-day period expires on a Saturday, Sunday or a bank holiday, it is extended to the next business day. The buyer has a period of seven (7) days to withdraw without any reason or pay penalties except the product return costs, the receipt of purchase. When the buyer exercises his right of withdrawal, the company will reimburse ANIMA VINUM as soon as possible and at the latest within thirty (30) days from the date of withdrawal.

ARTICLE 9: DELIVERY OF ARTICLES
_______________________________________________________________

Deliveries are made by carrier to the address specified by the customer when the order is made, or by notice of availability in the absence of the customer. ANIMA VINUM announce scheduled delivery times  five (5) business days in France from the order. Pursuant to Article L. 121-20-3 of the Consumer Code, the delivery must take place, in any event, within a maximum period of thirty (30) days from the receipt of payment. If delivery cannot be assured within this period, the consumer would be informed at the earliest and may cancel the order. They could then request a replacement product or a refund. Delivery times run from bank authorization (payment by credit card online). The products remain the property of ANIMA VINUM until full payment of the order. Products are sent to the recipient after full payment. For all complaints, the consumer must send a letter by any means, including electronic, to the address listed in Section 2 hereof. Pursuant to Article L. 114-1 of the Consumer Code: In any contract for the sale of movable property or the provision of a service to a consumer, the trader must, when delivery of the goods or the provision of the service is not immediate and if the agreed price exceeds the thresholds set out in legislation, indicate the date by which it undertakes to deliver the goods or perform the service. The consumer may terminate the contract of sale of personal property or provision of services by registered letter with acknowledgment of receipt for exceeding the date of delivery of goods or performance of the service by more than seven days and not due to force majeure.
This contract, if any, considered broken in the receipt by the seller or the service provider to the letter in which the consumer informed of the decision, if delivery has not taken place or if the provision has not been executed between the sending and receipt of this letter. The consumer shall exercise this right within sixty working days from the date specified for delivery of the goods or performing the service. Unless otherwise provided in the contract, sums paid in advance are deposits, which has the effect that each contract may go back on its commitment, the customer losing the deposit, the business returning double. These terms and conditions are subject to the provisions of Article L.133-3 of the Commercial Code: Reception items carried out any action against the Carrier for damage or partial loss if within three days, excluding the day holidays, following of such receipt, the recipient has not notified the valet, by extrajudicial act or by registered letter, the protest grounds. If an application for expertise is requested within the period prescribed above, this application is protest without it being necessary as stated in the first paragraph.
All contrary provisions are null and void. This latter provision is not applicable to international transport.

Methods of delivery outside France

Except in cases of force majeure or during possible closing periods of the online store, the delivery of goods in stock will be clearly announced on the website home page as indicated below.
The shipping of a control range from 2 to 5 days for Continental Europe, 2-7 days for OCT / French Overseas Departments and 2-3 weeks for distant destinations that require complex customs formalities. These delivery times are within the limits of available stock. They run from the confirmation of payment or completion of order verification procedures provided for in these terms and conditions. They include the procedures for registration and billing of the order and finally the logistic preparation of the order, whether provided in-house or outsourced to a partner.
In all cases, the Seller shall keep the Client informed of the status of their order on request by email or via the "ACCOUNT" on the Site.
Products purchased on the Site are shipped to the shipping address provided by the Customer during the order, which will be systematically checked due to the increase in fraud.
Delivery times are those mentioned during the online ordering process excluding weekends. This information is given in the module "TAXES AND TRANSPORT INFORMATION" and takes into account the time required to carry out any necessary administrative procedures for the shipment of wine, particularly abroad. The Seller reserves the choice of carrier. Regarding shipments made in the Economic Package, the customer can withdraw on schedule its control at the nearest relay point to his home on presentation of his identity document; for deliveries within the easy Pack and Premium Pack, in the absence of the Customer at the time of delivery, the latter is made to the conditions mentioned on the notice of passage that has been deposited at the delivery address.
The products are delivered to the address indicated by the Purchaser on the purchase order. The Buyer shall ensure its accuracy. Every parcel returned to the Seller due to an incorrect or incomplete shipping address will be returned at the expense of the Buyer.

ARTICLE 10: LEGAL WARRANTY OF CONFORMITY - GUARANTEE OF HIDDEN DEFECTS
_______________________________________________________________ 

These terms and conditions are subject to the following provisions:

Article L. 211-4 of the Consumer Code
"The seller must deliver goods in conformity with the contract and be liable for defects of conformity existing upon delivery.
It also addresses the lack of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or was carried out under his responsibility. "
Article L. 211-5 of the Consumer code "To comply with the contract, the goods must: 1 ° Be suitable for the purpose usually associated with such a product and, if applicable:
- Match the description given by the trader and possess the qualities that he has presented to the buyer as a sample or model;
- The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted. "
Article L. 211-12 of the Consumer Code "Action resulting from lack of conformity lapses two years after delivery of the goods."
Article 1641 of the Civil Code, "The seller must guarantee in respect of hidden defects of the item sold which renders it unfit for the use for which it was intended, or that decreases the use that the buyer would not have acquired, or would have paid a lower price if he had known. "
Article 1648 of the Civil Code al.1 "The action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect." ANIMA VINUM delivers goods in compliance with the contract and responds to lack of conformity existing upon delivery. However, it is expressly provided that the goods are shipped at the expense, risk and peril of the buyer. If degradation occurs during delivery, ANIMA VINUM will arrange to deliver the goods to the buyer again or if this is not possible, to refund the amount paid for the order. It is up to the buyer to check the contents of the package at the time of delivery and make claims on the delivery slip provided by the carrier and inform ANIMA VINUM by registered letter with acknowledgment of receipt sent to the address given in section 2 hereof, within two (2) business days following receipt of the package, specifying the following information: order number, full name and address, reference of the items that the consumer wishes to return, reason for return of non-conforming item: damaged item, etc. The buyer will also ensure that the waybill is returned with the article to handle his request as soon as possible. Beyond the above time limit and failing to comply with the formalities, the products will be deemed compliant and free from defect and ANIMA VINUM will validly accept no claim. When ANIMA VINUM receives the item in return, it will inform the buyer by e-mail of product replacement or refund. Reimbursement will be made in the same form as the original payment within thirty (30) working days after receipt of the returned item. The products delivered by ANIMA VINUM benefit in accordance with legal provisions, warranty against defects from faulty material, design or manufacture affecting the products delivered and making them unsuitable for use for two (2) years from the discovery of the defect, the possible interventions by ANIMA VINUM under this warranty shall in no case have the effect of extending the duration of it. Warranty is excluded in case of misuse, conservation, neglect or lack of maintenance on the part of the buyer, as in case of normal wear and tear or force majeure. For still and sparkling wines, the guarantee is also excluded if the buyer does not prove having complied with the following storage conditions: in a cellar with a temperature of between 10 ° C and 13 ° C (average over the year of 12 degrees), with a humidity level between 70% and 80%, conservation protected from light and foreign odours, laying bottles). To assert his rights, the purchaser must, on pain of forfeiture of any action relating thereto, notify ANIMA VINUM in writing of the existence of defects within a maximum of two (2) years following the discovery of the defect. ANIMA VINUM will replace the warranty products deemed defective or refund part of the price to the buyer who chooses to keep the product. To enable the company to appraise ANIMA VINUM herself wines, it is the buyer asked to please leave available. ANIMA VINUM will cover the cost of the removal. (Vintages of more than 10 years) cannot benefit from this guarantee to the extent that they are offered for sale only on known criteria without having been previously tasted by teams from ANIMA VINUM. The photographs, illustrations, tasting or advice accompanying the products on the website have no contractual value and therefore cannot engage the responsibility of ANIMA VINUM if errors were introduced. The buyer is solely responsible for the choice of products, their storage and use. Will not be held responsible for faulty or any delay or failure in the occurrence of a case usually recognized by French jurisprudence force majeure.

 

ARTICLE 11: PERSONAL DATA

_______________________________________________________________


Pursuant to Law No. 78-17 of 6 January 1978 amended by Act No. 2004-801 of 6 August 2004 relating to data, the consumer has at any given time, the right to access, oppose and rectify data concerning the sending of mail or email by the customer service at the address defined in Article 2 hereof. The customer file of ANIMA VINUM has been registered at the CNIL under the number 188 1449 v 0. Thus allows ANIMA VINUM to offer its customers personalized services such as sending emails regarding special offers. If the consumer does not wish to benefit from its offers, it must inform ANIMA VINUM by email.

ARTICLE 12: APPLICABLE LAW - LANGUAGE

_______________________________________________________________ 

By express agreement between the parties, the agreement is governed by and subject to French law and is written in French. In the case where it is translated into one or several languages, only the French text would prevail in the case of dispute.

ARTICLE 13: INTELLECTUAL PROPERTY

_______________________________________________________________

The site content is the property of ANIMA VINUM or its partners and is protected by French and international laws on intellectual property. Total or partial reproduction of the content is strictly prohibited and may constitute a copyright infringement.

ARTICLE 14:  SETTLEMENT OF DISPUTES
_______________________________________________________________

If a dispute should occur about the validity, interpretation, performance or non-performance, interruption or termination of this contract, the parties should initially and by priority seek an amicable compromise. If negotiations fail, any dispute shall be brought before the court of the defendant's domicile or place of delivery. 

ARTICLE 15: PROFESSIONAL CLIENTS
_______________________________________________________________ 

The Terms and Conditions of ANIMA VINUM apply in full to sales made between ANIMA VINUM and professional buyers on its website accessible at the address www.animavinum.fr taking into account its unique features.