GENERAL TERMS AND CONDITIONS OF SALE
Article 1 : Introduction
. 200 boulevard de la Résistance 71000 MACON Tel: +33 3 8520 9730
Contact: [email protected]
SAS with a capital of: 6 150 000,00 €
. RCS 830 721 254 MACON 71000
INTRACOMMUNITY VAT number: FR 04 830 721 254
Director of the Publication: Mr. Alaric De Portal
E-mail: [email protected]
Telephone number: + 33 3 85 20 97 30
Address: 200 boulevard de la Résistance 71000 MACON
Online contact form available at the following address: https://ventealapropriete.zendesk.com/hc/en-us/requests/new
The Websites is hosted by:
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
United States of America
Tel: +1 (206) 266-4064
This document constitutes a legal agreement between you, as Client, and the company that administers VALAP and governs your use of VALAP Websites and Applications.
These General Sales Terms and Conditions apply to all orders placed through VALAP Websites (ventealapropriete.com, ventealapropriete.it, ventealapropriete.es, ventealapropriete.be, ventealapropriete.ch, ventealapropriete.de) and VALAP Applications (Android VALAP Application, IOS VALAP Application, IOS VALAP Primeurs Application and Android VALP Primeurs Application), as well as for all orders received by mail or telephone. Any other clauses or different Terms and Conditions are not applicable.
Orders of En-Primeur Wines are subject to specific Terms and Conditions set forth in Article 8. For all matters not regulated in Article 8 of these Terms, the provisions of the other clauses shall apply to En-Primeur sales. Article 8 is not applicable to the other type of orders.
Article 2: Definitions
"General Terms and Conditions of Sale", "Terms and Conditions", "Terms", mean the Terms governing the sale of products on VALAP Websites and Applications, subject to change, which must be examined carefully before proceeding to their acceptance and subsequent purchase. It is specified that any changes to these Terms are only enforceable upon their publication and do not apply to contracts already entered into;
"Contract", "Agreement" and similar terms, means the contract stipulated at a distance on VALAP Websites and Applications which has as its object the sale of products governed by this General Terms and Conditions of Sale;
“Ventealapropriete”, “VALAP”, "Owner", “Seller”, "We", "Our" and similar terms, refer to the Owner who owns and manages VALAP. VALAP acts in his capacity of “professional” as defined in the Introductory Article of the Code de la consommation under point 3: “any natural or legal person, public or private, acting for purposes relating to its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional”;
"Customer", “Client”, “User”, “Buyer”, "You", "Your" and similar terms, both singular and plural, refer to the subject, natural or legal person, regardless of the status of Consumer, who makes the purchase, accepting the General Terms and Conditions of Sale;
"Consumer", “He/she”, means "any natural person acting for purposes not related to his or her commercial, industrial, artisanal, liberal or agricultural activity” as set out in the Introductory Article of the Code de la consommation under point 1;
“Châteaux”, “Winery” and similar terms refer to the place where the wine and the En-Primeur wine sold by VALAP is produced;
“Code de la consommation”, "Consumer Code" shall mean the French Consumer code, Law n. 92-60 of the 18th January 1992, as amended - lastly by Ordonnance No. 2021-1734 of 22 December 2021-, which constitutes the body of legislation on Consumer rights;
“Code civil”, “Civil Code”, means the French civil code, as amended - in particular by Ordonnance n. 131/2016-, enacted on 21 March 1804 which regulates French civil law;
"Right of withdrawal", "Withdrawal" means the possibility of abandoning the purchase and thus withdrawing from the contract as set out in article L221-18 of the Code de la Consommation.
"Websites'', "Site", "Ventealapropriete", “VALAP”, singular or plural, refer to the set of related web pages that is hosted on a web server, reachable by the User through a common search engine and/or web address through the use of a web browser. Ventealapropriete’s Websites are: ventealapropriete.com, ventealapropriete.it, ventealapropriete.es, ventealapropriete.be, ventealapropriete.ch, ventealapropriete.de;
"Applications'', "App", “Mobile Applications”, “Ventealapropriete”, "VALAP", singular or plural, and similar terms, refer to the digital infrastructure through which the Owner connects its systems and displays them to Users through simplified and integrated interfaces in order to supply its products. Ventealapropriete’s Applications are: Android VALAP Application, IOS VALAP Application, IOS VALAP Primeurs Application and Android VALAP Primeurs Application;
"Service" and similar terms mean the service offered by VALAP as described in these Terms;
"Account" means the set of the Customer's identification data that allows access to the VALAP Websites and Apps.
Article 3: Acceptance of these Terms
If you do not accept these Terms you will not be able to use the Service and proceed to purchase products on VALAP Websites or Apps.
By accepting these Terms, the Customer confirms to be aware of the specific characteristics of the purchase of En-Primeur Wines and of the specific clauses – contained in these Terms - applicable to it.
Article 4: Changes to these Terms
The Owner reserves the right to make changes to these Terms at any time, giving notice thereof on the Websites and on the Applications itself.
For this reason, Customers must carefully read the most updated version of the General Terms and Conditions of Sale before use.
The applicable Terms and Conditions are those in force at the time of the Customer's purchasing.
Customers who continue to use VALAP after the publication of the changes accept the new Terms unreservedly and unconditionally.
Article 5 : VALAP membership
5.1 Account creation and management
In order to place an order, the Customer must have an active Account. The Account creation can be done online at any time, from the tab " Become a member ".
The Customer shall be responsible for safeguarding and preserving the confidentiality of access credentials. Customers agree to provide accurate information regarding their identity, address and other data required for access, and to update any changes regarding such information. During the registration phase, the Customer is prohibited from using false or invented data. It is understood that under no circumstances may the Owner be held liable in the event of loss, dissemination, theft or unauthorised use by third parties, for any reason whatsoever, of Customers' access credentials. The Customer undertakes to act for his/her own particular needs, excluding any professional activity. VALAP does not allow Customers to resale its products for commercial purposes.
In the Account, it is available a “preference page” where it is possible to enter the type of region preferred (Bordeaux, burgundy, etc.), wine sought (prestige, old vintage, etc.) and the preferred method of communication (phone, email, etc.).
5.2 Account deletion
Any registered Customer may deactivate the Account, request its deletion or stop using the Service at any time, through the appropriate VALAP interface available on the Websites and App s or by contacting the Owner directly.
In particular, the Owner, in case of violation of these Terms, reserves the right to suspend or close the Customer's Account at any time and without prior notice.
The Owner reserves the right to suspend or terminate the Client's Account at any time and without notice if it believes that:
● The Client has violated these Terms; and/or
● access to or use of the Service may cause damage to the Owner, other Customers or third parties; and/or
● the Client's use of VALAP may result in a breach of applicable law or regulation; and/or
● in the event of an investigation as a result of legal action or public authority involvement; and/or
● In the event the Account is deemed by the Owner, in its sole discretion and for whatever reason, to be inappropriate or offensive or in breach of the Contract or not in line with the Owner's standards.
Article 6 : Loyalty program and type of membership
Any person of legal age who has created an Account and approved the Terms and conditions of sale becomes a member of ventealapropriete community.
In some cases, a member of VALAP community with certain requirements can enter into a loyalty process and acquire a specific “status”.
Except for Club 2000, the attribution of these statuses is non-discriminatory and automatic upon the occurrence of certain circumstances and when specific requirements are present. The status takes effect when the criteria are met. The changing of status is communicated by email.
Ventealapropriete reserves the right to grant certain privileged advantages, including tariffs, to members who have acquired a certain status as defined above.
In the event of non-compliance with these Terms, illicit or dubious orders and/or for legitimate reasons Ventealapropriete reserves the right, at its sole discretion, to cause a member to lose an acquired status.
6.1 Club VIP
The Club VIP is accessible to Customers who have placed a certain number of orders with a certain economic value over 12 months. There are two different types of membership offered within the Club VIP:
● "VIP": is considered a "VIP" member any Customer whose total purchases over a rolling year exceed 800€ (including tax and shipping costs), with a minimum of 5 different orders since the Account was created.
● "VIP +": is considered a "VIP +" member any Customer whose total purchases over a sliding year exceeds 1.500€ (including tax and shipping costs), with a minimum of 10 different orders since the creation of the Account.
6.2 Club Prestige
The Club prestige membership is offered to Customers on the basis of several criteria including the type, frequency and value of orders placed and the size of the baskets.
The Club Prestige has access to:
● Privileged communications: VALAP will establish with the Client a relationship of trust and adapt to the desired mode of communication (SMS, email, WhatsApp, phone, etc.)
● Responding to specific requests: The Customer can require assistance in finding and purchasing wines not available on VALAP Websites and App. VALAP will look for the requested wines and purchase for the Client.
● Upselling: VALAP will collect the needs of Club Prestige Customers and adjust its offer accordingly.
● Prestige events: VALAP will grant to Club Prestige Customers access to Prestige events (launch party, primeurs, wine dinner, etc.)
There are two different types of membership offered within the Club Prestige:
● “Club 2000”: VALAP confers the “Club 2000” status to Customer selected according to several criteria including very big average basket, high potential of spending, celebrity status;
● “Club des 100”: VALAP confers the “Club des 100” status to its Top 100 Customers whose total expenditure results to be 50.000 (fifthy thousand) euros since registration.
Only Customers who are members of “Club des 100” gain access to the following two services offered by VALAP:
● Concierge service and advisory service: using the online form made available on the Websites or directly contacting VALAP by email, phone message or WhatsApp, the “Club des 100” Customer can request assistance or receive advice and suggestions regarding the wine purchase. The Customer can also ask VALAP for assistance in finding and purchasing wines not available on VALAP Websites and Apps. The Service is provided via the Internet or by phone, email, message or WhatsApp. The service is free of charge, and it is exclusively dedicated to “Club des 100” members. Once the Customer has chosen the products to purchase, VALAP prepares and sends a “ready-to-pay order” via email. The “Ready to pay order” is also visible on the Customer’s Account.
● Organisation of events: contacting VALAP via email or phone, “Club des 100” Customers can entrust VALAP for the organisation of events. The access to this service is only granted prior evaluation of the request and authorization from VALAP. The service is free of charge and it is exclusively dedicated to “Club des 100” members.
6.3 Welcome Membership
It is considered a "Welcome Member."
● Anyone whose Account creation is less than eight days old;
● OR any registrant who has never placed an order before and is the subject of a temporary affinity marketing operation.
Article 7 : Purchasing procedure
7.1 Placement of an orders and stock orders
Through Ventealapropriete Websites and Apps, Customers will have the opportunity to purchase fine wines of different types and provenance. Products are shown divided into categories based on their characteristics (En-Primeur Wines, Private sales, Wines of the World etc.) and the order in which they are shown is casual . Once the desired goods have been chosen and placed in the shopping cart, the Customer will be able to proceed with the purchase. The shopping cart cannot contain both En-Primeur and non-En-Primeur wines.
The Customer (individual or company) enters an invoice address, any promo codes and the shipping address. Afterwards, the Customer can choose between three different delivery methods described in article 7.5 and select the payment method in order to send the order.
By sending the order, the Customer declares to have accepted the entirety of the present General Terms and Conditions of Sale.
Any order will be taken into consideration only after receipt of payment and will be confirmed by Ventealapropriete by email. Thereby, once the Customer has sent the order, it must first be validated by VALAP for the purchase to be concluded.
Ventealapropriete undertakes to accept orders placed via Internet under the Terms of these General Conditions of Sale and within the limits of available stocks.
In case of stock shortage, we will communicate to you the supply delays necessary to obtain the desired product or it will propose a replacement product.
Only after the Customer has accepted the supply delay in delivery or has agreed to the replacement of the product, the order will be sent and the purchase process will be completed.
Ventealapropriete cannot be held responsible for any stock shortages that would result in a delay in the delivery if that occurs before the order has been validated.
In the event that the Customer has opted to pay by check or wire transfer, the order cannot be validated until VALAP has received the payment. Payment by check or bank transfer does not guarantee the availability of products if they are sold out upon receipt of the payment.
If products are sold out after receipt of payment, VALAP will endeavour to replace the ordered goods with other ones or to refund the entire order.
Ventealapropriete reserves the right to cancel all non-compliant or doubtful orders, as well as those from a Customer with whom there is any dispute. Ventealapropriete reserves the right to refuse any order for legitimate reasons.
The Customer understands and accepts that VALAP does not permit the resale of its products for commercial purposes and will have the right to refuse orders of this kind. Nevertheless, the Client may proceed to purchase large quantities of products for its own purposes, e.g. the purchase of corporate gifts, as well as in the other scenarios mentioned in article 9.
7.2 Prices and costs
Except for the particular cases explicitly specified, the prices indicated are expressed in euros and inclusive of all taxes (VAT included). The prices displayed are net, include duties taxes but do not include shipping and delivery costs . These delivery and shipping costs, outside France, vary according to the number of packages shipped, the nature of the products ordered, and the country of delivery. VALAP issues promotional codes and offers (i.e. “Welcome offers), which are subject to availability.
7.2.a Shipping costs
Shipping costs are automatically calculated according to the destination of the wines. Shipping costs are displayed directly in the checkout. Deliveries for any destination other than the ones explicitly mentioned, will have to be subject to a specific estimate.
Once a certain amount of expenditure is reached, delivery is free of charge. VALAP communicates the minimum spending amount to obtain free delivery.
7.2.b "Prix Direct Propriété" and "Prix Direct Caveau"
If the price is displayed with the "Prix Direct Propriété" logo (or "Prix Direct Caveau" in the case of a trading company, a cooperative winery, a group of winegrowers...), it means that the wine(s) are sold at a price equal to the price charged at the property (or at the cellar if applicable).
7.3 Validity of the offers
Products are offered within the time frame of each sale and while stocks last.
In the event of delivery delay or in case one or more products are unavailable after the order has been validated, Ventealapropriete undertakes to inform the Customer by email as soon as possible. In agreement with the Customer, Ventealapropriete will be able to modify the order and replace the products, or will proceed with the reimbursement of the unavailable product(s) by crediting the payment card used during the order. It is without prejudice any compensation for damage.
Payment for products purchased from Ventealapropriete is due in full upon ordering.
Subject to availability depending on the country of purchase, payment can be made in the following methods:
● by debit/credit card (100% secure payment);
● by PayPal;
● (Only in France, on valap.com) by check, payable to Ventealapropriete at the time of the order;
● (Only in France, on valap.com) by wire transfer, payable to Ventealapropriete to the following;
Payment must be made to the following bank details:
Bank : BNP PARIBAS,
IBAN : FR76 3000 4025 6100 0110 6725 722,
BIC : BNPAFRPPXXX,
Bank Code : 30004,
Dom. Code : 02561,
Account number: 00011067257,
RIB key : 22,
Domiciliation : CENTRE D'AFFAIRES SUD ATLANTIQUE.
Payment by check or bank transfer does not guarantee the availability of products if they are sold out upon receipt of your payment. If products are sold out after receipt of payment, VALAP will endeavour to replace the ordered goods with other ones or to refund the entire order.
For orders paid by check or wire transfer, any order not paid within 60 (sixty) days will be cancelled.
Additionally, in accordance with article L441-1 of the Commercial Code:
● A penalty amounting to three times the legal interest rate shall apply in case of deferred payment of an invoice.
● A flat fee of €40 (forty) applies in case of payment of an invoice after the due date to cover collection costs.
● No discount will be granted for early payment of an invoice.
7.4.a “Ready-to-pay Order”
The "Ready-to-pay order" is a document containing information about the products to be purchased and their total cost, which is sent to the Customer by VALAP in order to allow the Consumer to quickly proceed to pay for the chosen products with no need to enter them into the shopping cart one by one. The “Ready to pay Order” is also sent for the purchasing of En-Primeur Wines but mixed orders (En-Primeur and not En-Primeur Wines) are not possible. The “Ready-to-pay order” is sent by email at the end of the telephone/email consultation and is also made available in the Customer's Account.
The “Ready to pay order” becomes null and void, as well as the quotation indicated therein expired, if the payment is not made within seven days, for En-Primeur orders, and fifteen days for the other orders.
Article 7bis : Purchasing procedure
The wines are purchased from the properties and from certain wine merchants when the practice requires it (especially in Bordeaux) and are stored on our logistic platform located in Macon.
Except in particular cases explicitly specified, notably orders for En-Primeur Wines (see article 8), the delivery time for orders deliverable in France is seven working days after receipt of payment. For shipments to countries other than France, VALAP will specify - after order validation - the time required for delivery of the goods (usually ten working days). Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the order confirmation received by e-mail by the Customer.
Except in special cases explicitly specified, Ventealapropriete delivers abroad in the following countries : Spain, Belgium, Italy. The shipping countries list is constantly updated and made available on VALAP.
The order can be delivered to a postal address or in a parcel pick up point. The delivery to a pick up point is only available when a minimum number of orders is reached and it is not available in all countries. Please check if the service is available in the chosen country.
The Customer is required to carefully check his packages upon delivery in order to immediately issue any reservations to the carrier.
In the event of failure to deliver the order for reasons imputable to the Customer and in the absence of a response or indication from the Customer within a period of 6 (six) months for the purpose of the re-delivery or reimbursement, the order will be considered as remaining the property of Ventealapropriete without any further formality. No refund shall be due to the Customer.
7.5.a 30 (thirty) days storage
The 30 (thirty) days storage is a free service that allows you to store your orders in our warehouses to consolidate them and thereby take advantage of our free delivery offer if the total value of all the consolidated orders exceeds the minimum spending amount to obtain free delivery. The maximum storage period is 30 (thirty) days from the date of the first order for which the storage option was selected - this determines the storage expiry date.
The 30 (thirty) days storage option is not available in all countries. Please check if the service is available in the chosen country.
7.6 Reservation of Ownership
In accordance with the law of May 1, 1980, the products delivered to the Customer are sold under reservation of Ownership. According to Article 1196 of the Code Civil, the transfer of Ownership is subject to full payment of the price of the products by the Customer, on the due date agreed between the parties.
In the event of non-payment of the total price of the goods by the agreed due date, Ventealapropriete may claim Ownership of the products at the Customer's expense and risk.
7.7 Prices, descriptions and availability of the Products
Prices, descriptions or availability of displayed products are subject to change without notice.
The photos included are indicative and may not constitute an exact representation of the products. The Owner will do its best to present the characteristics of the products in as much detail as possible on VALAP within each tab corresponding to the product viewed by the Customer. However, the images and colours of the products offered for sale on VALAP may differ from the real ones due to multiple factors including, but not limited to, the Client's terminal monitor, photographic filters, etc. Therefore, the Customer acknowledges and accepts that such minor differences do not constitute a lack of conformity of the products.
Article 8 : Orders of En-Primeur Wines
The "En-Primeurs Wines" tabs on the ventealapropriete Websites and on the VALAP IOS and Android Applications are dedicated to the sale of En-Primeurs Wines.
The sale of En-Primeurs Wines is a practice, mainly widespread in Bordeaux, which consists in putting on sale, a few months after the harvest, wines that can only be delivered 12 to 24 months later after the maturing and bottling period. This practice is governed by specific rules, detailed below, which apply to all En-Primeur sales made on all ventealapropriete Websites and Applications.
For anything not specifically regulated in this section, please refer to the other clauses contained in these Terms.
8.1 Orders and reservation of En-Primeur Wines
The Customer acknowledges to be informed of the specificities of the sale of En-Primeurs Wines and placing his order with full knowledge of the facts.
The Customer is solely responsible for the choice of En-Primeurs Wines. Thereby, Ventealalapropriete cannot be held liable in this regard.
The acceptance of the order form commits the Customer. The amount of the products - taxes and eventual shipping costs excluded - is paid at the time of the order. Shipping costs are invoiced when the wines are made available. Following receipt of the first payment by VALAP, the order is considered confirmed and a reservation certificate will be sent since the order of En-Primeurs Wines corresponds to the reservation of the wine. According to article 1196 of the Code Civil, the transfer of Ownership of the En-Primeurs Wines ordered will only be effective when the wine is available in VALAP’s warehouses ready to be shipped. .
8.2 Exception to the right of withdrawal for En-Primeur Wines
By virtue of the exception provided for in point 7 of Article L-221-28 of the French Consumer Code, the right of withdrawal is excluded for contracts for the sale of En-Primeurs Wines. In fact, the aforementioned article, at point 7, establishes that the right of withdrawal is excluded for contracts concerning the “supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the supplier”.
Wines sold En-Primeur are booked and paid for by Ventealapropriete, in accordance with agreements made with its suppliers. VALAP buys En-Primeur wines from the Châteaux and then resells them to its Customers.
Nevertheless, the Châteaux are the only ones to decide when the wine is ripe and available and the bottling date. VALAP cannot be held responsible for unavailability of the wine or delay in the shipping in case the Châteaux decides that the wine is ripe at a time other than that provided for in Article 8.4.
In the very rare event that a product ordered is not available, the Customer shall be informed as soon as possible and reimbursed without delay.
The above provisions also apply in the event of accidental destruction or damage that may deteriorate the quality of the products ordered.
8.4 Availability and delivery of En-Primeur Wines ordered
Considering that it is always the Châteaux that decides when the wine is ripe and ready to be bottled as specified in 8.3 article, wines sold En-primeur are available for delivery during the first half of the third calendar year following the date of harvest (i.e. when all ordered En-Primeur wines are available), unless the Châteaux decides otherwise.
The Customer will be informed of the availability date of the En-Primeur wines ordered and will receive an invoice with all remaining costs to be paid.
This invoice includes a remaining amount to be paid, consisting of taxes and possible supplements for delivery and shipping. Payment of this balance is a prerequisite for delivery of the En-Primeur Wines reserved.
En primeur wines can be delivered to the following countries: Metropolitan France, Spain, Belgium, Italy. The shipping countries list is constantly updated and made available on VALAP.
VALAP undertakes to deliver the products within 30 (thirty) days of receipt of actual payment by the Consumer.
8.5 Prices of En-Primeur Wines
The prices of the En-Primeur wines are in Euros, including VAT (the applicable rate at the time of reservation). The prices indicated include bottle conditioning and packaging..
Any taxes (excluding VAT) and shipping costs are to be paid only upon delivery, and taxes in effect on that day apply.
8.6 Shipping costs for En-Primeur Wines
8.6.a Delivery in France
The shipping costs will be invoiced and charged at the time of the actual delivery of the purchased En-Primeurs Wines. Shipping will be free for all orders (or set of orders) over € 1.500 (one thousand five hundred/00), tax excluded, for a delivery in France.
Below this sum, the indicative amount of shipping costs is presented hereafter. These costs may vary upwards or downwards according to the prices charged by the partner carriers at the time of the actual delivery of the purchased En-Primeurs Wines.
to 6 bottle equivalents 12 € including tax
from 7 to 12 bottle equivalents 18 € including tax
from 13 to 30 bottle equivalents 25 € including tax
from 31 bottle equivalents 0.85 € (including tax) per additional bottle equivalent
Corsica supplement: 19 € including tax
8.6.b Delivery abroad
The shipping cost will be invoiced and charged upon actual delivery of wines purchased En-Primeur. Shipping will be free for any order or set of orders over € 3.000 (three thousand/00), tax excluded, for delivery outside France.
Below this sum, the indicative amount of shipping costs is presented hereafter. These costs may vary upwards or downwards depending on the prices charged by partner carriers upon actual delivery of the wines purchased En-Primeur.
up to 6 bottle equivalents : 30 € including tax
from 7 to 12 bottle equivalents : 45 € including tax
from 13 to 18 bottle equivalents : 60 € including tax
from 19 to 24 bottle equivalents : 70 € including tax
from 25 to 30 bottle equivalents : 77 € including tax
from 31 bottle equivalents : 2.40€ including tax per additional bottle equivalent
Example for 36 bottle equivalents - 77 + 6x2.40 = €91.40 incl. tax
Article 8bis : Orders of En-Primeur Wines
8.7 Payment of En-Primeur Wines
Subject to availability depending on the country of purchase, En-Primeur wine ordered can be paid using one of the following payment methods:
● Payment by debit/credit card (100% secure payment);
● Payment by PayPal;
● Payment in three instalments by credit card;
● (only in France, on valap.com) by check, payable to Ventealapropriete at the time of the order;
● (only in France, on valap.com) by wire transfer, payable to Ventealapropriete to the following .
Payment must be made to the following bank details:
Bank : BNP PARIBAS,
IBAN : FR76 3000 4025 6100 0110 6725 722,
BIC : BNPAFRPPXXX,
Bank Code : 30004,
Dom. Code : 02561,
Account number: 00011067257,
RIB key : 22,
Domiciliation : CENTRE D'AFFAIRES SUD ATLANTIQUE.
8.7.a Payment of En-Primeurs Wines in three instalments by credit card
The Customer has the possibility to pay for En-Primeurs Wines in three instalments with his credit card, over three months. The system will display the expected amount for each instalment and the payment due date.
The En-Primeurs Wines are reserved for the Customer from the 1st payment.
The reservation certificate will be issued only after the validation of the 3rd and last payment.
In case of non-payment of the 2nd and/or 3rd instalment(s) the Customer will be reminded by email. Following the email, the Customer will be able to trigger the payment himself (in particular by modifying his bank card if necessary). Without payment after three months from the date of the order, the order will be cancelled, and payments previously made will be refunded.
8.8 Failure to pay the balance or failure to deliver due to the Customer
In the event of non-payment of the balance remaining to be paid within the meaning of Article 8.4 above and/or in the event of non-delivery of the wines due to the Customer:
● 6 (six) months after sending the email informing the Costumer of the availability of the wine ordered, Ventealapropriete will invoice the Customer for monthly storage fees in the amount of €48 (forty eight euros), tax included, for the first month, and €12 (twelve euros), tax included, for the following months.
● 12 (twelve) months after sending the aforementioned email, VALAP will send a formal notice and within one month the sale will be resolved by right if ventealapropriete considers it appropriate. The sum paid as a deposit at the time of the order - after deduction of storage costs as well as a lump sum of 30% (thirty per cent) corresponding to the costs of administration and remarketing of the wines - will then be reimbursed by Ventealapropriete to the Customer via the establishment of a purchase voucher.
In any case, and at the end of a period of 5 (five) years following the date of sending the reservation certificate, Ventealapropriete will be released from all obligations towards the Customer by Applications of the rules of prescription.
8.9 Failure to deliver due to VALAP
In the event that VALAP, after validating the order, fails to deliver the goods, the Customer shall be entitled to termination of the contract and compensation for damages.
Article 9 : Services provided by VALAP
In addition to the sale of high quality wines, Ventealapropriete also provides its Customers with a "Boutique des services" in which VALAP offers to its Clients Services which can be provided online or offline. The services provided by Ventealapropriete are the following:
● Creation of the wine list for a private event (wedding, dinner, baptism, etc.): upon prior request by filling in the dedicated online request form, Customers can receive guidance and advice by email or phone regarding the creation of the wine list. At the end of the advisory session, a “ready-to-pay order” may be sent by email - also visible in the Client's Account - to proceed with the purchase of the goods desired. The service is free of charge.
● Management of corporate gifts: upon prior request by filling in the dedicated online request form, Customers can receive guidance and advice by email or phone relating to the management of corporate gifts. At the end of the advisory session, a “ready-to-pay order” may be sent by email - also visible in the Client's Account - to proceed with the purchase of the goods desired. The service is free of charge.
● Creation of the wine list for a corporate event: upon prior request by filling in the dedicated online request form, Customers can receive guidance and advice by email or phone relating to the creation of wine list for a corporate event. At the end of the advisory session, a “ready-to-pay order” may be sent by email - also visible in the Client's Account - to proceed with the purchase of the goods desired. The service is free of charge.
● Management of thank you gifts for clients, suppliers, employees, prospects: upon prior request by filling in the dedicated online request form, Customers can receive guidance and advice by email or phone relating to the management of thank you gifts for clients and prospects. At the end of the advisory session, a “ready-to-pay order” may be sent by email - also visible in the Client's Account - to proceed with the purchase of the goods desired. The service is free of charge.
Article 10: Right of withdrawal
In Applications of the provisions of Article L221-18 of the Consumer Code, the Consumer has a period of 14 (fourteen) clear days from the delivery of his order to exercise the right of withdrawal without giving any reason. The right of withdrawal is only applicable to Customers acting as Consumers as defined in the Consumer Code and in the definitions section of these Terms. This right is also applicable to companies having less than five employees. Under applicable law, once the bottle has been opened, it will no longer be possible to exercise the right of withdrawal.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods or from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this Contract by an unequivocal statement (e.g. a letter sent by post or email). The notification should be addressed to VENTEALAPROPRIETE.COM SAS, at the following addresses:
● in case of notification by postal service: 200 boulevard de la Résistance 71000 MÂCON;
● in case of notification by phone: Tel: +33 85 20 97 30;
● in case of notification by email: [email protected]
You may use the Model withdrawal form available at article 15.10 of these Terms, but it is not obligatory.
You can also electronically fill in and submit the model withdrawal form available on our Websites at the following link: https://ventealapropriete.zendesk.com/hc/fr/requests/new (French) and here for the English form: https://ventealapropriete.zendesk.com/hc/en-us/requests/new. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us at the postal address indicated before, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You will have to bear the direct cost of returning the goods.The consumer undertakes to pack the product in such a way that it cannot be damaged during transport.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
10.1 Exceptions to the right of withdrawal
In Applications of the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for certain contracts and in particular sales of En-Primeur Wines. In fact, the aforementioned article establishes, at point 7, that the right of withdrawal is excluded for contracts concerning the “supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the supplier”.
Article 11: Legal Guarantees
The Products benefit from the legal guarantee of conformity provided by articles L217-4 and following of the Consumer Code and by articles L-1245 and following of the French Civil Code and the guarantee of hidden defects provided by articles 1641 and following of the French Civil Code.
VALAP is obliged to deliver goods in conformity with the Contract and the criteria set out in point 11.1 of these Terms.
If the Consumer detects a lack of conformity, he/she is obliged to notify the Seller promptly. From the moment the Consumer asserts the presence of a lack of conformity, the guarantee period is suspended.
The Customer invokes the guarantee of conformity via the form made available on VALAP at the following link: https://ventealapropriete.zendesk.com/hc/fr/requests/new (French) and here for the English version: https://ventealapropriete.zendesk.com/hc/en-us/requests/new. Customers can also contact our Customer service using the contact information available in the Contacts page on VALAP.
Our Customer service department reviews the request and undertakes to address the notification within 30 (thirty) days.VALAP reserves the right to accept the Customer's request, verifying the existence of the grounds indicated by the latter.
If the reasons for the return are well-founded, the Customer will return the Product(s) concerned to the following address: Ventealalapropriete.com - 200 boulevard de la Résistance - 71000 Mâcon.
The shipping costs are deemed to be paid by VALAP.
VALAP shall be liable for any lack of conformity existing at the time of delivery of the goods, which becomes apparent within 2 (two) years from delivery.
During the period of two years from delivery, VALAP shall also be liable for any lack of conformity resulting from the packaging.
Pursuant to article 2224 of the Code civil, personal actions or actions concerning movable property are non-prosecutable after 5 (five) years from the day on which the holder of a right knew or ought to have known of the facts enabling him to exercise it. The prescription period for enforcing the Consumer's rights starts from the day the Consumer becomes aware of the conformity defect.
According to article L217-7 of the Code de la consommation, any lack of conformity which becomes apparent within 24 (twenty-four) months after delivery of the goods shall, in the absence of proof to the contrary, be presumed to exist at the time of delivery, unless such presumption is incompatible with the nature of the goods or the defect alleged.
Shall always be without prejudice to the right of the Consumer to bring an action under the guarantee against hidden defects or any other action of a contractual or extra-contractual nature that is recognised by law.
Unless the producer has been at fault, the producer's liability expires ten years after the marketing of the product that caused the damage unless, during that period, the victim has instituted legal proceedings.
According to article L217-5 of the Code de la consommation, the product is considered to be in conformity:
● if it is suitable for the use normally expected of goods of the same type, taking into account, where appropriate, all provisions of European Union and national law and all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
● whether it corresponds to the quantity, quality and other characteristics that the Consumer can legitimately expect for goods of the same type, taking into Account the nature of the goods and public statements made by the Seller (e.g. via the VALAP Websites or Apps), including in advertising or on the label, by any person upstream in the transaction chain, or by a person acting on their behalf. Nevertheless, the Seller shall not be bound by such public statements if he proves 1) that he did not know them and was not legitimately in a position to know them; 2) that at the time of the conclusion of the contract the public statements were correct under conditions comparable to those at the outset; and 3) that the public statements could not have influenced the purchase decision.
The Customer confirms and accepts that there is no lack of conformity if, at the time of conclusion of the Contract, he/she was specifically informed by the Owner that a particular characteristic of the goods differed from the conformity requirements and the Customer expressly and separately accepted this deviation at the time of conclusion of the Contract.
In the event of a lack of conformity of the product, the Customer has the right to obtain, at its option
● Replacement of the product, unless that choice is impossible or results in a clearly disproportionate cost to;
● Proportional reduction of the price;
● Termination of the Contract.
The Consumer is entitled to a reduction in the price of the goods or to termination of the contract
● If the Seller refuses to replace the goods;
● If the Consumer's request is acknowledged after a period of 30 (thirty) days or if this causes him significant inconvenience;
● If the Consumer definitively bears the cost of collecting or removing the non-conforming goods;
● If the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract.
The Consumer is therefore not obliged to request in advance the replacement of the goods.
In case of replacement of the product, the Customer shall ship the purchased products to the address indicated in these Terms. The shipping costs are deemed to be paid by VALAP. VALAP, upon receipt, reserves the right to accept the Customer's request, verifying the existence of the grounds indicated by the latter. If the claim is justified, VALAP will replace the product at its own expense. The Consumer is not obliged to pay for the normal use made of the replaced good in the period preceding its replacement.
The price reduction shall be proportional to the decrease in value of the goods received by the Consumer compared to the value it would have had if it had been in conformity. The refund will be made via the same payment method used by the Customer when paying for his order or by bank transfer.
The Consumer exercises the right to terminate the Contract by means of a declaration directed to the Seller containing the manifestation of the will to terminate the Contract. If the Consumer terminates the Contract a) the Consumer shall return the goods to VALAP at VALAP's expense, and b) VALAP shall reimburse the Consumer for the price paid for the goods upon receipt of the goods or of evidence provided by the Consumer that the goods have been returned or shipped.
If the lack of conformity concerns only some of the goods delivered under the Contract of Sale and there is a cause for termination of the Contract, the Consumer may terminate the Contract with regard to both the non-conforming goods and the goods purchased together with the non-conforming goods, if it is not reasonably foreseeable that there is an interest of the Consumer in keeping the non-defective goods at his disposal.
The Consumer is not entitled to rescind the contract if the lack of conformity is minor and it is up to the Seller to prove it.
Any sums owed by the Seller to the Consumer shall be refunded to the Consumer upon receipt of the goods or proof of their return by the Consumer and no later than within 14 (fourteen) days.
The Seller shall reimburse such sums using the same means of payment used by the Consumer to conclude the contract, unless the Consumer has expressly agreed otherwise and in any case at no extra cost.
The Consumer is not obliged to pay for the previous use of the good.
11.3 “Satisfied or refunded” guarantee
Ventealapropriete offers its Customers a "satisfied or refunded" guarantee. If the products do not meet the qualities expected by the Customer, the Customer can be refunded. In order to do this, the Customer must first contact Customer service to inform them of the reasons for dissatisfaction.
The guarantee presupposes a real dissatisfaction on the part of the Customer with the quality of the products. In addition, if the Customer wishes to benefit from the guarantee for an order of products of the same type, a refund cannot be made if more than one bottle is uncorked, i.e. more bottles than are necessary to verify the quality of the product. Uncorked bottles must therefore be returned in their original condition (corked bottles, ring not cut and neck not altered) and sent to the following address: Ventealapropriete - 200 boulevard de la Résistance - 71000 Mâcon. All costs relating to the return of products shall be borne by the Customer.
For more information about this warranty, please contact the Seller using the information in the contact section of the Websites.
The right of the Consumer to invoke the legal guarantee is always preserved.
Article 12: Warranty for hidden defects
VALAP is bound by the warranty for hidden defects in the goods sold that render them unfit for their intended use, or that diminish that use in such a way that the Buyer would not have purchased them, or would have given a lower price, had he known of them.
VALAP shall not be liable for apparent defects of which the Buyer could have been aware.
If the Seller was aware of the defects in the goods, he is liable, in addition to restitution of the price received for it, for all damages against the Buyer.
The action must be filed within 2 (two) years of the discovery of the defect
In such cases, the Consumer is entitled to demand replacement of the good(s) or reimbursement of the price, or to retain the good(s) but demand a reduction of the price.
Article 13: Liability
The texts and photos presented are only indicative and do not constitute a contractual commitment guaranteeing a perfect similarity between the product presented and the product ordered.
For the purchase of En-Primeur Wine, in the event that a smaller quantity of wine is available than that ordered, VALAP will proceed with a partial reimbursement of the amount already paid but will retain the shipping costs, which may be recalculated in consideration of the reduced weight of the goods to be delivered. In the event that the Customer does not authorise the delivery of a smaller quantity of goods than that ordered, the Customer shall be entitled to terminate the Contract.
13.1 Unforeseeable events and force majeure
Ventealapropriete cannot be held responsible in the event of non-performance or partial execution of the Contract due either to the fact of the Customer, or to the unforeseeable and insurmountable external fact of a third party, or to a case of force majeure.
Pursuant to Article 1218 of the Code Civil, force majeure exists when an event beyond the debtor's control, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the Contract. If the impediment is final, the Contract is automatically terminated and the parties are released from their obligations.
13.2 Supervening excessive onerousness
Pursuant to article 1195 of the Code Civil, if the performance by VALAP should prove to be excessively onerous due to the occurrence of extraordinary and unforeseeable events - by way of example, a sudden increase in the price of raw materials or energy due to circumstances that could not have been foreseen at the time of the conclusion of the Contract - the Customer may be required to pay an additional price above the previously indicated price. However, if the Customer does not wish to agree to such a price increase, he/she shall have the right to withdraw from the Contract and receive a full refund from VALAP of the amount already paid.
13.3 Limitations of liability
VALAP and all the functionalities accessible through the VALAP Websites and Applications, are made available to the Clients, according to the exclusive modalities described in the present General Terms and Conditions, not guaranteeing further functionalities than those foreseen therein. In particular, no guarantee is provided as to the suitability of the Services offered for the particular purposes intended by the Customer.
The use of VALAP and of the functionalities accessible through its Websites and its Applications is carried out by the Customers at their own risk and under their own responsibility.
In particular, the Owner, within the limits of the applicable law, is liable for damages of contractual and extra-contractual nature towards Clients exclusively on the basis of wilful misconduct or gross negligence when they are an immediate and direct consequence of VALAP's activity.
The Customer undertakes to indemnify VALAP (as well as any of its subsidiaries or affiliates, its representatives, directors, agents, licensees, partners and employees) against any obligation or liability, including any legal costs incurred in defending itself in court, that may arise in respect of damages caused in connection with the violation of the law or these General Terms and Conditions
Article 14: Applicable law and dispute resolution
The primary language of this Contract is the French language. All the clauses of the present General Terms and Conditions of Sale, all transactions and purchasing operations carried out from ventealapropriete’s Websites and Applications as well as by mail and telephone are governed by French law. Any dispute that cannot be settled amicably will be subject to the jurisdiction of the Courts of the registered office of the Company Ventealapropriete or the court of the department chosen by the Customer.
In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the Owner has its headquarters shall apply.
In applications of the provisions of the Consumer Code, the company Ventealapropriete adheres to the service of the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) located: 60 Rue La Boétie - 75008 Paris - https://www.mediateurfevad.fr.
The mediator can be referred to any dispute relating to Consumer law. Prior to referring the matter to the mediator, the Customer must contact ventealapropriete Customer service. If a solution cannot be found between Ventealapropriete and the Customer, the latter may refer the matter to the mediator. The Terms and Conditions for contacting the Mediator are specified at the following address: https://www.mediateurfevad.fr/index.php/espace-consommateur/
In addition, an online dispute resolution platform has been set up by the European Commission and is accessible at the following address : https://ec.europa.eu/consumers/odr/
Article 15: Miscellanea
15.1 Cashback Offer - Black Friday
Cashback offer available for products of identified "cashback" sales only. The cashback's value is calculated based on the total amount of the purchase done in these sales only (including VAT, excluding shipping costs - cannot be combined with a coupon code). Once the order is confirmed, the cashback amount will be credited on the client account as a voucher. This voucher can be used from 28/11/2022 and for a period of 3 months.
The invalidity of a contractual clause does not entail the invalidity of the entire General Terms and Conditions of Sale.
15.3 Protection of minors
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The member agrees to be at least 18 (eighteen) years old when placing an order on Ventealapropriete.
Customers declare that they are of legal age according to the legislation applicable to them. Under no circumstances may minors under 18 (eighteen) years of age use VALAP.
15.4 Privacy and data protection
In the event that the Owner processes personal data, non-compliance on his or her part with the obligations laid down in Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on the processing of personal data, rights and freedoms, where such non-compliance results in failure to comply with one or more of the compliance criteria set out in this section, shall be treated as a breach, without prejudice to the other remedies provided for.
15.5 Intellectual property
The sales contract concluded between the Customer and ventealapropriete does not entail any transfer of intellectual or industrial property rights. The reproduction or representation of all or part of any of the distinctive signs appearing on the Websites or Applications is strictly prohibited and must be subject to prior written authorization.
The elements reproduced on the VALAP’s Websites and Applications, are exclusive property of the Owner and are protected by copyright, trademark law and patent law. Any reproduction and dissemination of these elements, without prior written permission from the Owner, expose violators to legal action.
15.6 Interruption of the Service
In order to guarantee Customers the best possible use of the Service, the Owner reserves the right to interrupt the Service for maintenance or system updates, informing Customers through constant updates on VALAP Websites and Applications.
15.7 Resale of the Service
Customers are not authorised to reproduce, duplicate, copy, sell, resell or exploit any portion of VALAP and its Services without the prior written permission of the Owner, granted directly or through a specific resale programme. The Owner may tolerate forms of resale made on a personal (one-to-one) and limited basis. Any form of mass resale is expressly excluded.
15.8 Services provided by third parties
Customers may use services or content included in VALAP provided by third parties, but they must first have read and accepted the terms and conditions of those third parties. Under no circumstances can the Owner be held responsible in relation to the correct functioning or availability, or both, of services provided by third parties.
15.9 Communications and Complaints
All communications relating to VALAP must be sent using the contact information indicated in the Contract.
The Customer may address their complaints to VALAP e-mail address indicated in this document, including a brief description and, if applicable, the details of the order, purchase or Account concerned.
VALAP will process the request without undue delay and within 20 (twenty) days of receipt.
15.10 Withdrawal form
Model withdrawal form (complete and return this form only if you wish to withdraw from the contract): “To VENTEALAPROPRIETE.COM SAS, 200 boulevard de la Résistance 71000 MACON, Tel: +33 3 85 20 97 30, [email protected] — I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*), — Ordered on (*)/received on (*), — Name of consumer(s), — Address of consumer(s), — Signature of consumer(s) (only if this form is notified on paper), — Date”.