GENERAL TERMS
AND CONDITIONS OF SALE
Preambule
You are currently connected to the OENANIM website. The purpose of this document is to inform you about OENANIM and its general conditions of online sale (Contractual Conditions) applicable as of May 21st 2021. You must read the following provisions carefully, as they constitute an electronic contract establishing the general conditions of sale of the OENANIM e-shop. Consequently, you can only order products and/or services if you accept all the conditions provided below. The Internet user (natural person with the capacity to contract) and OENANIM are hereinafter referred to as “the parties”, and individually as “the party”.
Definition
In this contract, each of the expressions mentioned below shall be understood in the sense of its definition, namely: – “the company”: OENANIM – “remote contract”: any contract concerning the order of products and/or services concluded between the company (*) and a customer (*) within the framework of a system of remote sale or services organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.- “customer”: any natural person who, in this contract, acts in a private capacity or as representative of a legal entity and who has the right to contract. – “Beneficiary”: any person using the products Oenanim. -“Partner”: provider selected by OENANIM where the service of the Beneficiary takes place. -“Order”: act by which the customer commits themself to buy products and/or services and the company (*) to deliver them and/or provide them to the customer. – “Product”: goods sold or services provided by the Company. This confirmation can be done by means of a checkbox accepting the Contractual Conditions, or by a message confirming the order.
Company
Name: OENANIM
Legal form: SAS
Siren : 754 014 025 NAF Code 93.28Z
Address: 7 chemin du Goubert, 33450 Saint-Loubès, France
Phone : 06 31 82 43 66
Intracommunity VAT number: FR 50754014025 Rate: 20%.
Email adress : oenanim@gmail.com
Object
The present contract is an electronic distance-selling contract whose purpose is to define the rights and obligations of the parties in the context of the sale of products offered by OENANIM. In this sense, it complies with the French regulations in force, namely:
– Law 2004-575 called Law for confidence in the digital economy.
– Law 2008-3 of January 3, 2008 for the development of competition in the service of consumers.
– Recommendation number 07-02 of the Commission des clauses abusives, relating to contracts for the sale of movable property concluded via the Internet. It also complies with the OECD recommendations in the field of electronic commerce.
Protection of minors
Our company attaches particular importance to the protection of minors in the context of its online commercial activity. Although minors can act alone in cases where the law or usage authorizes them to act alone (art. 389-3 c. civ.), and this in particular for purchases of low value, it seems essential to us to try by any means to verify that the customer has the power to contract. For this purpose, it is possible that we ask any customer placing an order on our site to justify his capacity to contract, this in the respect of the obligations related to the modified Law 78-17. In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of this person to rescind (cancel) the sale in accordance with Article 1305 of the Civil Code.
Products
The products offered by OENANIM are presented on the sites in French. Any citizen of the European Community and of the countries respecting the directive 95/46/CE cannot claim their linguistic ignorance as a clause of cancellation of the contract. The products offered for direct sale by OENANIM are those which appear on the site www.oenanim.fr, on the day of consultation of the site by the Internet user, and within the limits of available stocks. The illustrations presented on the site reflect the products on sale on the site, except in the limited cases inherent to the technical characteristics of the Internet (resolution and colors of the Internet user’s screen, ….).
Price
The prices of the products can be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.oenanim.fr. In case of obvious typographical error, leading to the display of a “low price”, the sale can be cancelled, as mentioned in the article “Execution of the order”. The prices mentioned are in Euros (€), presented inclusive of tax and include the costs related to the processing of orders. Delivery charges are at the customer’s expense, unless otherwise stipulated during the ordering process. The different delivery options (with their prices) are presented during the ordering process and specified during the summary of the order. The payment of the totality of the price must be carried out at the latest with the delivery of the products, except contrary provision specified at the time of the ordering process and mentioned on the invoice. In the event of a delivery of products outside the French territory, customs taxes and formalities are the exclusive responsibility of the Customer, unless otherwise specified. The Customer undertakes to check the possibilities of importing the ordered products in the territory of the country of delivery.
IMPORTANT: In accordance with the article L3323-4 of the Public Health Code, the products presented on our site do not present any other information than their degree of alcohol by volume, their origin, their name, their composition, the names and addresses of the manufacturers, as well as their mode of elaboration and consumption. In addition, references relating to the production areas and the distinctions obtained may be presented. In no case, the consumption advices, the opinions relative to the products, the objective and subjective appreciations of these, could be assimilated to “incitement to the consumption of alcoholic beverages”, and give place to any pursuit against the company OENANIM.
Order and payment
Any order form signed by the Client constitutes an irrevocable acceptance which can only be questioned in the cases exhaustively provided for in the present contract in the articles “Right of withdrawal” and “Execution of the order”. Any agreement of a quotation sent by e-mail to the customer, and returned to OENANIM with an explicit agreement also constitutes an irrevocable acceptance. The order process is in accordance with the provisions of Article 1369-5 of the Civil Code.
– Any Internet user wishing to validate his order must identify themself by filling in the appropriate form provided on www.oenanim.fr. This identification is done in strict compliance with the Law 78-17.
– After checking the content of the order, as well as the total cost of the order (products ordered, shipping costs, possible eco-participation, optional options), and correcting any errors, the Internet user will definitively confirm it This confirmation will have the value of conclusion of the contract.
– The contractual information will be the subject of a confirmation e-mail sent to the customer at the latest at the end of the withdrawal period and subject to the provision by the customer of a valid e-mail address, not subject to any restriction of use (professional e-mail address for example). In this case, the company cannot be held responsible for sending contractual and/or advertising information to an e-mail address with restricted access. In this case, the company cannot be held responsible for sending contractual and/or advertising information to an e-mail address with restricted access. The Customer guarantees the company that they have the necessary authorizations to use the method of payment chosen by them, during the validation of the order. In the case of payment by credit card, the customer must transmit their credit card number, depending on the type of card, the expiration date of the card and the cryptogram number (3-digit number on the back of the credit card). OENANIM guarantees that the payment is secured in such a way as to protect all data related to the means of payment as effectively as possible. The company guarantees that the means and services of cryptology used to secure the transactions have been authorized or declared in accordance with the legislation in force. In case of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the card issuer and between the company and its banking establishments apply, in accordance with Article 132-4 of the Monetary and Financial Code.
Delivery time
The company guarantees that the deliveries will be made according to the conditions guaranteed by the carriers (except in the case of major force as defined by the jurisprudence), and indicated on the site www.oenanim.fr, or during the ordering process. In the event of a delay in delivery, please inform the company by sending an email to oenanim@gmail.com.
Colissimo: As of the time of the assumption of responsibility by the Post office, you are delivered at residence in 48 h (working days for sendings in Metropolitan France, Corsica and Monaco), subject to the hours limits of deposit. In case of absence or impossibility of delivery of your package (no guard,…), your letter carrier will leave a notice of passage mentioning the date and the address of the post office where you will be able to withdraw your package on presentation of an identity paper.
Incomplete or non-conforming delivery (due to the carrier)
It is possible that the package is damaged or that the contents have been partially or totally stolen. If you notice such an error, please mention it on the carrier’s voucher and refuse the product by sending it back to us with a report 170 called “report of spoliation”. In the event that you become aware of this error after the departure of the carrier, please report it to us by email at oenanim@gmail.com or by telephone within a maximum of 72 working hours following receipt of the order. In accordance with article 133-3 of the French Commercial Code, please send your complaint by registered letter to the carrier within 3 days (not including public holidays).
Incomplete or non-conforming delivery (due to the company)
In spite of the care taken in the preparation of the orders, it is possible that a product is missing in this one, or that an error occurred during the preparation. If you notice such an error, please report it to us as soon as possible and if possible within 72 working hours after receipt of the order. This report can be made by email to oenanim@gmail.com or by phone.
Lost package
In the event that a package is lost by one of our transport providers, please inform us as soon as possible. The company will make an investigation with the services concerned.
Conditions of use of the Oenanim gift vouchers
If the customer is not the beneficiary of the Oenanim formula, they are invited to inform the beneficiary of the conditions below.
The beneficiary is informed that the non-fulfilment of one of the services provided for in the voucher, due to the beneficiary, does not call into question the entire service.
Oenanim gift voucher
Each order of services Oenanim gives place either to the sending of an e-mail of confirmation of purchase. The Oenanim gift vouchers are also bought on line. They are the object of a sending by e-mail of a printable gift voucher. There is no sending of package by the post office planned.
Oenological workshops (courses, escape game, visits…)
During the wine making process, the client or his beneficiary may be invited, depending on the formula chosen, on different occasions for introductory courses organized at the Domains or at other locations. The beneficiary is informed that the invitation(s) entitle(s) them to participate in a course and a visit to the property during which various workshops on vine and wine will be offered, according to a program established by OENANIM in collaboration with the winemaker.
The customer is informed of the date of these events. They must confirm their attendance at the latest 8 days before the date of the event. If the beneficiary could not, for personal reasons, attend the visits, the service will not be reimbursed.
OENANIM reserves the right to cancel a day of training initially planned if the number of participants is lower than 5 people. OENANIM will inform its clients at least 48 hours before the scheduled date and will propose another date or another place.
In case of cancellation for a reason beyond the control of the company, OENANIM could not be held responsible and the cancellation could in no case give rise to a refund.
It is the responsibility of the beneficiary to inquire with the chosen domain about any limitations (age, size, handicap, access.) related to the activities on the domain. OENANIM cannot be held responsible for any damage or injury that may occur before, during or after the use of the chosen service. For each event, the travel and accommodation expenses that may be incurred to get to the Domaine are at the client’s expense.
Partners
The client is informed that OENANIM reserves the right to terminate its relationship with one or more partner wineries during the period of validity of an OENANIM package, in order to ensure, in particular, an optimal level of quality of services. In particular, the company reserves the right to cancel the relationship with a partner winery in the event that an insufficient number of customers would not allow the reservation of a parcel of vines with the winery concerned. In such a situation, OENANIM will endeavor to offer the beneficiary a partner winery equivalent to the one initially chosen.
The beneficiary is expressedly informed that access to certain services may be conditioned by their age, their height, their physical aptitude, or any other element provided by the partners in order to ensure the safety of the persons. Any refusal on the part of a partner to deliver the service for the reasons previously mentioned shall not be considered as discrimination of any kind, nor shall it entail any liability on the part of OENANIM or the partner concerned.
Right of withdrawal
In accordance with article L121-16 and 121-20 of the Consumer Code, the customer has a period of seven (7) clear days to exercise their right of withdrawal. This period runs from the date of receipt of the order by the customer. In order to facilitate the processing of the return, the customer may contact the company by e-mail in order to obtain a return number before forwarding. This condition does not cancel the right of withdrawal. The expenses of forwarding will remain with the integral load of the customer. The products must be returned complete, in a state suitable for their remarketing. It is also recommended that the products be returned in their original packaging, in a way that provides the same shipping guarantees as those defined for the initial shipment of the products. You are reminded that this right of withdrawal cannot be exercised for personalized products.
Right of resolution
In accordance with Article L. 121-20-3 of the Consumer Code, we will indicate to you at the time of your order the maximum date of delivery of this one. In the case of an overtaking of 7 working days of this date of delivery (except case of absolute necessity within the meaning of the Law), you will have the faculty to pronounce the resolution of your order by Registered Letter with Acknowledgement of receipt within 60 days following the initial date of delivery. In this case, we will reimburse you for the totality of the sums paid (except possible return costs), and this within a maximum period of 30 days following the reception of your letter.
Execution of the order
The company reserves the right to refuse the order for a “legitimate reason” (in the sense defined by the jurisprudence), and in particular (without this list being restrictive) in case of unavailability of the product, impossibility of carrying out the service, abusive request of the customer, presumption of impossibility for the customer to contract or obvious intention for the customer to harm the company. The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a “low price” at the time of the order placed by the customer. In the event of a difference in interpretation between “low price” and “low price”, concerning the price displayed on the website at the time of the customer’s order, the customer may request the intervention of a third party, as provided for in the article “Applicable law”. The order will be executed at the latest within a period not exceeding 7 days from the expected date of delivery of the product or service mentioned in the order, subject to its acceptance by the company. For the deadlines concerning the various types of services (personalization…), please contact us. An invoice will automatically be made available to the customer at the time of their order in the private space reserved for this purpose and accessible at any time thanks to the customer’s login details.
Warranty
For the valid Oenanim gift vouchers, an exchange is possible, without expenses of exchange, against a credit of the value of the exchanged voucher.
This exchange can take place :
– or because the gift voucher is not suitable for the Beneficiary
– either because there is no availability on the dates desired by the Beneficiary
– or because the Partners are too far from the Beneficiary’s home.
In all cases of possible exchanges, these will be in the form of vouchers of the value of the box, valid for 6 months and exclusively usable on the Site www.oenanim.fr. This credit can neither be extended nor refunded.
Responsibility
OENANIM is responsible for the proper execution of the obligations resulting from the contract concluded at a distance, whether these obligations are to be executed by itself or by subcontractors, without prejudice to its right of recourse against them. OENANIM shall not be held responsible for the non-performance of the contract concluded, following the occurrence of an event of force majeure (as defined by the Law) and in particular in case of total or partial strike of postal services, carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, due to the unforeseeable and insurmountable fact of a third party unrelated to the provision of the planned services. With regard to the products purchased to satisfy professional needs, OENANIM will not be held responsible for any indirect damage due to the present, operating loss, loss of profit, damage or expenses that may occur. The choice and the purchase of a product or a service are placed under the only responsibility of the customer. The total or partial impossibility of using the products, notably due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of OENANIM, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal.
Personal information
The information requested from the Customer is necessary for the processing of their order and may be communicated to the company’s contractual partners (accountants, lawyers, etc.). They may also be transmitted to any competent authority for the settlement of disputes between the company and one of its customers. The customer may exercise their rights of access, rectification, opposition according to the terms mentioned in the “legal notice” of the company.
Document retention and archiving
The archiving of transaction data is carried out on a reliable and durable medium, in accordance with Article 1348 of the French Civil Code. It is therefore carried out in accordance with the AFNOR Z 42-013 standard on the design and operation of computer systems to ensure the preservation and integrity of records stored in these systems.
Entire contract
The present general conditions express the entirety of the obligations of the parties. No general or specific condition communicated by the Client may be integrated into these general conditions, except in the case of a prior agreement between the parties prior to the conclusion of the contract. The fact that the Company does not take advantage of a breach by the Customer of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question. The company reserves the right to adapt or modify at any time the present Contractual Conditions. In the event of modification, the Contractual Conditions in force on the day of the order will be applied to each order. The company will also keep on its servers all time-stamped versions of the Contractual Conditions.
Reservation of ownership
The products delivered to the customer remain the property of the company as long as the contract has not been executed in full. On the other hand, the transfer of risks takes effect as of the effective delivery of the products and/or services ordered on the electronic store. The documents provided to the customer are governed by the Intellectual Property Code. They remain the property of the company. It is therefore forbidden to reproduce, transfer, or exploit the documents provided without the consent of the company.
Applicable law
This contract is subject to French law, in accordance with European directives. This applies to both the substantive rules and the rules of form. In the event of a dispute, the companies will give preference to an amicable settlement. This search for an amicable solution does not interrupt the time limits for bringing a claim. In the contrary case, and in accordance with the provisions of articles 46 to 48 of the NCPC, the French courts will have exclusive jurisdiction.