General conditions of sale

Preamble: www.vinademi.com is the e-commerce site of a SASU created in 2024.

The legal representative of this SASU is Axelle GOËBELS.

Company identification: VINAdemi

Publication: Axelle GOËBELS

SIRET No.: 931 995 583 00016

Registered in the Colmar Trade and Companies Register

Site declared to the CNIL and registered under number 2151057

Tel: 07 77 80 49 91

E-Mail: contact@vinademi.com

Site hosted by OVH, 2 rue Kellermann, 59100 Roubaix, France

RCS Roubaix – Tourcoing 424 761 419 00045.

Tel: 0820.698.765

These general terms and conditions of sale apply between VINAdemi and any natural person residing in the coverage area of ​​the offer and making a purchase via the website www.vinademi.com, hereinafter referred to as the “customer”.

These general conditions define the rights and obligations of the customer and the company VINAdemi within the framework of the sale of products offered via the store www.vinademi.com.

Unless otherwise agreed in writing, relations between the parties are governed exclusively by these general terms and conditions of sale.

The customer acknowledges having read all of the general terms and conditions of sale prior to placing the order.

Any order placed for a product appearing in the online electronic store of www.vinademi.com implies acceptance of these general conditions of sale.

These general conditions of sale may be subject to modification, the conditions applicable to the order are those in force on the site www.vinademi.com, on the date the order is placed by the customer.

All information contained in the site www.vinademi.com (hereinafter referred to as the Site) is in French.

1-Object

The purpose of these general terms and conditions of sale is to define the rights and obligations of the parties in the context of a distance sale of goods offered on the website www.vinademi.com

2-Offer coverage

The geographical coverage area of ​​the www.vinademi.com store offer is as follows:

- Metropolitan France including Corsica and Monaco, excluding DOM/TOM.

- Belgium

- Luxembourg

3-Contractual documents

This contract is formed, in decreasing order of legal value, of the following documents:

-the present general conditions of sale

-the purchase order

The photographs illustrating the products on the Site do not enter into the contractual field. If errors or alterations resulting from the processing of these photographs have been introduced, VINAdemi cannot, under any circumstances, be held liable for this.

4-Product information

The company VINAdemi presents on its site the products for sale with the necessary characteristics which allow compliance with article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he wishes to purchase.

VINAdemi will make its best efforts to ensure that the graphic representation of the products on the site www.vinademi.com is as faithful as possible to the products themselves.

The products offered comply with current French legislation and the standards applicable in France. The names and brands of the products and manufacturers are used for identification purposes only. The photographs, texts, graphics, information and characteristics reproduced illustrate the products presented.

The offers presented by the company VINAdemi are only valid while stocks last. VINAdemi reserves the right to modify the assortment of products according to the constraints imposed by its suppliers.

5-Order

Any order form signed with the validation click constitutes an irrevocable commitment by the customer which can only be challenged in the cases strictly provided for in this contract in the articles “right of withdrawal” and “execution of the order”.

VINAdemi reserves the right to make any useful changes to its products and to modify them without prior notice. Any modification or resolution of the order requested by the customer can only be taken into consideration if it is received in writing (e-mail or mail) before the products are shipped.

In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when the customer clicks on the button allowing him to confirm his order after having viewed the details of the order and in particular its total price and having had the opportunity to correct any errors. He will thus recognize his obligation to pay.

The customer will receive an acknowledgement of receipt by email confirming the order with all the elements constituting the contract (products ordered, price, shipping costs, etc.)

By finalizing his order, the customer declares having read and accepted these General Conditions of Sale, which constitutes acceptance of said General Conditions.

Only persons legally capable of entering into contracts concerning the goods and services offered on the website www.vinademi.com may order.

VINAdemi reserves the right not to confirm an order for any reason whatsoever, in particular due to a problem with the supply of products or a problem concerning the order received.

6-Duration of the offer

The offers contained on the site www.vinademi.com are valid as long as the products relating to them remain online and while stocks last.

7-Prices – Invoices

The price of the product guaranteed to the customer is that displayed on the website www.vinademi.com at the time of purchase.

Prices are expressed in Euros excluding VAT (The normal rate of value added tax is set at 20% according to article 278 of the CGI)

The price set at the time of purchase is firm and final. However, it does not include the participation in shipping and packaging costs invoiced in addition and which will be indicated in the order confirmation. Only the participation in shipping and packaging costs indicated at the time of the order confirmation has a contractual value.

8-Payment

Payment of the full price is due upon ordering. No order will be processed without confirmation of payment by the bank.

The customer agrees to pay the price stipulated for the product ordered on the website www.vinademi.com as well as to pay the shipping and packaging costs indicated at the time of order confirmation.

Any order for which payment is accepted will be confirmed by return email.

Furthermore, VINAdemi reserves the right to refuse any order from a customer with whom there is a dispute.

We offer you 4 payment methods:

1) Cash payment by bank card

Through Stripe, you are directed to a secure window, you fill out the form with your bank details and when the transaction is complete, your order is validated and confirmed.

This secure payment system ensures the confidentiality and security of banking transactions. The seller never has access to personal and confidential information relating to the payment method.

The order validated by the customer will only be considered effective by VINAdemi when the relevant bank payment centers have given their agreement. In the event of refusal by said centers, the order will be automatically canceled and the customer will be notified by email.

The customer guarantees to VINAdemi that he has any necessary authorizations to use the card payment method when placing the order.

2) Payment by bank transfer

VINAdemi offers its customers the possibility of paying for their purchases by bank transfer.

Bank details will be provided at the time of ordering.

In the absence of receipt of the bank transfer within 7 days of confirmation of the order by VINAdemi or in the event of rejection of the transfer by the bank, VINAdemi reserves the right to cancel the order and the customer will be notified by email.

3) Payment by PayPal

The customer guarantees to VINAdemi that he has any necessary authorizations to use the PayPal payment method when placing the order.

In case of refusal of payment within 7 days, the order will be automatically cancelled and the customer will be notified by email.

9-Default of payment - Retention of title

The products ordered remain the property of VINAdemi until final and full payment of their price in accordance with the terms of law n°80 335 of May 12, 1980.

In the event of actual and complete non-payment, VINAdemi reserves the right to request the return of said goods to the customer, any costs incurred being the responsibility of the latter.

10-Execution of the order

Following the payment confirmation, an email will be sent to the customer, confirming that their order has been taken into account. The order will be delivered within the time frame specified in the order confirmation and at the latest within 30 working days following this confirmation.

In the event of a stock shortage or unavailability of the ordered product preventing VINAdemi from delivering the product within 30 days, VINAdemi undertakes to inform the customer as soon as possible and by any means (email, telephone) and to specify an availability period. The customer has the option of either waiting for the product to become available or canceling their order and therefore requesting a refund, which will take place within 30 days at the latest by sending an email to customer service at contact@vinademi.com

11-Delivery

1) Shipping

The company VINAdemi undertakes to deliver the products purchased on its site in the geographical area defined in article 2 of these general conditions of sale.

The products are delivered to the address indicated by the customer on the order form.

The products cannot be delivered to addresses such as PO boxes, university campuses, military barracks, hotels where it is not always possible to deliver the package in person.

On the date the package is shipped to the customer, VINAdemi sends a “shipping notice” email to the customer.

Any order will only be shipped after receipt of the full invoice amount.

The delivery cost scales can be viewed on the page: Shipping and packaging costs.

2) Reception

From the receipt of the goods by the customer, the burden of the risks of loss and deterioration of the goods sold as well as any damage they may cause is transferred to the customer who must therefore ensure the proper conservation of these goods.

It is the customer's responsibility to ensure, in particular with regard to the essential characteristics of the goods ordered, that access to the goods ordered at their destination is possible with human resources.

The delivery note provided by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and delivery. Therefore, upon delivery by parcel relay or Colissimo, VINAdemi asks the customer to check the condition of the products delivered before signing the acknowledgment of receipt of the package. The customer must check the content, conformity and condition of the product(s). The customer agrees to carry out a complete check upon receipt.

If he notices any anomalies, he must refuse delivery of the products or issue handwritten, precise, dated and signed reservations on the delivery slip.

These reservations must be confirmed with the transport service provider (Mondial Relay or Colissimo) by registered letter with acknowledgment of receipt within three working days following delivery of the products. A copy must be sent to VINAdemi.

3) Delay in delivery

Delivery times are given as an indication. Exceeding the delivery time will not give rise to any refund or cancellation of the order if the product is delivered within 30 working days from the date of order confirmation.

12-Withdrawal of products in the event of the customer’s absence (Colissimo)

If the customer is not in at the time of delivery, a delivery notice will be left. The products must then be collected from the address and in accordance with the terms indicated on the delivery notice.

13-Force majeure

In addition to those usually accepted by the case law of French courts and tribunals, the following are expressly considered to be cases of force majeure: total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and in particular the Internet.

The occurrence of a case of force majeure will, initially, automatically suspend the execution of the order.

If, beyond a period of three months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

The liability of the company VINAdemi cannot be incurred for force majeure.

Similarly, VINAdemi cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure in accordance with case law.

14-Complaints and returns

Upon receipt of the packages, the customer must check the condition of the products.

In the presence of an apparent anomaly (damage, product missing from the order, damaged package, broken product, etc.), the customer must mention it on the carrier's receipt slip.

If the customer, or the person appointed for this purpose, has not checked the condition of the goods upon delivery, VINAdemi will be exempt from any liability in the event of a claim made for anomaly upon receipt.

The customer is invited to make a complaint to our customer service by email at contact@vinademi.com immediately upon receipt or at the latest on the second working day following delivery.

No exchange, refund or additional delivery may be considered without the prior formulation of a complaint by the customer.

15-Right of withdrawal

The individual customer has a period of fourteen (14) days from the date of receipt of his order to notify his wish to withdraw in accordance with article L 120-20 of the Consumer Code.

To exercise this right of withdrawal, the customer must notify VINAdemi of his decision to withdraw from this contract by means of an unambiguous declaration, before the expiry of the deadline, by email to the address contact@vinademi.com.

The product(s) must be returned to the address VINAdemi – Axelle GOËBELS 53 rue Vauban 68500 BERGHOLTZ no later than fourteen days after the communication of the decision to withdraw. This deadline is deemed to have been respected if the customer returns the goods before the expiry of the fourteen-day period. In the event of withdrawal, the return costs are the responsibility of the customer.

The returned product(s) must be in their original packaging, complete and in perfect condition for resale. They must not have suffered any deterioration, however minimal, and be in a perfectly clean state.

In case of withdrawal, VINAdemi will refund the customer the payment received no later than fourteen days from the customer's decision to withdraw. VINAdemi may defer the refund until receipt of the returned product.

16-Protection of personal data

When browsing the site www.vinademi.com, the customer is required to communicate personal data to VINAdemi.

The person responsible for processing personal data is the company VINAdemi, whose contact details appear in the legal notices.

The processing of personal data carried out on the site www.vinademi.com has been declared to the National Commission for Information Technology and Civil Liberties under number 2151057. It is carried out in compliance with the provisions of Law No. 78-17 of January 6, 1978.

The personal data collected on the site are used to process orders and manage the commercial relationship (deliveries, invoices, communication, etc.). The order management process on the www.vinademi.com site requires the creation of an account in which customer information is stored and protected by a password.

We may also use your data for advertising purposes, either after having obtained your express consent or within the limits authorized by law. We may also use your data to meet our legal and/or regulatory obligations, where applicable.

Other recipients of your personal data are, where applicable, our payment or payment security providers, our delivery providers, our commercial partners.

It is recalled that the person whose personal data is processed benefits from the rights of access, rectification and opposition to the processing of his personal data in accordance with the law "Informatique et Libertés" of January 6, 1978.

You can exercise these rights by sending an email to the sales department at the following address: contact@vinademi.com.

The website www.vinademi.com uses cookies. These are small text files saved on your hard drive.

The cookies used on the site www.vinademi.com are intended to identify the items viewed or purchased on the site and to collect browsing data in order to personalize the advertising offer sent to the customer.

Most cookies are intended to enable or facilitate your navigation and are necessary for the operation of the online store.

The use of cookies, whether our own or third parties, which are not strictly necessary for the operation of the site requires your express consent.

You can express your consent or object to the use of cookies by configuring your connection device appropriately. For this, refer in particular to the user guide of your browser.

If you no longer wish to receive commercial prospecting by email, you can let us know at any time:

- By email by sending us a message to the following address: contact@vinademi.com.

- In “My account” go to the Newsletter section and uncheck the corresponding box

17-Electronic signature and archiving of contracts

The “validation click” constitutes an electronic signature. The latter has the same value between the parties as a handwritten signature.

The computerized records, stored in the computer systems of www.vinademi.com under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.

The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Contracts concluded on the website (data relating to your order and General Terms and Conditions in force on the day of your order) are archived for a period of 10 years. You can access archived contracts by requesting them by email to contact@vinademi.com.

18-Copyright - Intellectual property

VINAdemi holds the intellectual property rights to the website www.vinademi.com and the right to distribute the elements appearing in the electronic store catalog.

All elements of the site (texts, comments, illustrations, images, photos) are protected by copyright, trademarks or patents.

Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalogue, their use and their provision to third parties are formally prohibited.

19- Entire contract

These general conditions of sale express the entirety of the obligations of the parties.

No other general or specific conditions communicated by the customer may be integrated into or deviate from these general conditions.

20-Nullity

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

21-Applicable law-Attribution of jurisdiction

This contract is subject to French law, both for the substantive rules and for the rules of form. The language of this contract is French. In the event of a dispute and in the absence of an amicable agreement between the parties, express jurisdiction is attributed to the courts of the jurisdiction of the registered office of VINAdemi, i.e. the courts of Colmar.