Article 1: Scope of application
These General Terms of Sale are hereby established between www.winetrademarket.com, headquartered at 91, Rue du Faubourg Saint-Honoré, 75008 PARIS, registered with the Luxembourg Trade and Companies Register under number xxxxxxxxxx, and all persons, natural or legal, referred to as “members,” who have been invited to register on the website www.winetrademarket.com and wish to order one or more of the offers made on the site.
These General Terms of Sale shall apply to all orders placed through the website www.winetrademarket.com.
In the absence of specific stipulations set forth in these terms and agreed to by the parties in writing, all orders shall automatically be subject to these General Terms of Sale regardless of any clauses that may be included in the buyer’s documents.
Except by express and written approval from WineTradeMarket, no special terms shall prevail over these General Terms of Sale.
By confirming any order, members acknowledge that they have read these General Terms of Sale and accept the conditions established therein.
Article 2: Price
Prices shown are in Euros and are exclusive of taxes. In certain cases, they may include VAT applied at the ordinary tax rate, excise duties, and any other applicable taxes.
The prices displayed are indicated net, and exclusive of the share of the logistics costs to be borne by the buyer. The buyer member’s share of the logistics costs (transport and inspections) is a flat-rate fee per parcel for transport from the seller’s facility to the logistics facility operated by WineTradeMarket’s service provider.
The fees to be paid to www.winetrademarket.com will be added to this price.
Article 3: Order
WTM undertakes to accept orders under the terms set forth in these General Terms of Sale, subject to availability.
WTM will honor each order depending on the availability of the products at the time of the order.
Orders will only be taken into consideration when they have been paid within a maximum of 2 hours.
WTM reserves the right to cancel any non-conforming or questionable orders.
By their confirmation of an order, members declare that they have read and accept these General Terms of Sale. Confirmation of an order thus constitutes acceptance of these General Terms of Sale.
Article 4: Collection/Delivery
Orders may be collected from the facility operated by WineTradeMarket’s logistics provider, located in Greater Bordeaux (10, Rue Descartes, 33290 Blanquefort).
Deliveries may be made to a buyer member’s address or to any other location subject to agreement and according to a specific quote.
Wines are shipped in their original packaging, in wooden cases or in boxes appropriate for transporting wine.
Article 5: Intellectual property
All the elements of www.winetrademarket.com (texts, photos, visuals and sounds) are the exclusive property of Wine Trade Market.
Any unauthorized reproduction or distribution, in whole or in part, of the elements and information included on the site is prohibited. The content is made available for private, non-collective use. Whereas the Intellectual Property Code, under article L. 122-5, items 2 and 3a, only authorizes “copies or reproductions made exclusively for private use by the copying party and not intended for collective use,” or analyses and short citations to be used as examples and for illustration only, “any total or partial representation or reproduction made without the consent of the author or the successors or assigns thereof is unlawful.” (art. L. 122-4). Such representation or reproduction by any means whatsoever therefore constitutes infringement punishable by Articles L. 335-2 et seq. of the Intellectual Property Code.
Article 6: Personal Data
When registering on www.winetrademarket.com, members must provide a certain amount of confidential data concerning their company.
The data required includes the surname, first name, postal address, e-mail address, telephone number and bank details.
This data is required for order processing, and more generally for the management of commercial relations between Wine Trade Market and its members.
WTM undertakes to keep all information transmitted by its members under secure and strictly confidential conditions.
Members have the right to access, modify, rectify and delete data concerning them (art. 34 of the “Computing and Freedom” law of January 6, 1978).
To modify this data, simply access the “my account” area on www.winetrademarket.com, make the changes, and confirm them.
By accepting these General Terms of Sale, members acknowledge that they have read the personal data protection policy for the site www.winetrademarket.com
Article 7: Liability
Information regarding the products presented for sale on www.winetrademarket.com has been entered by “seller” members.
Wine Trade Market cannot be held liable if erroneous information has inadvertently been entered.
Photos of the products (in exceptional cases where photos may be made available) are transmitted for purposes of illustration and have no contractual force.
Wine Trade Market has a best-effort obligation in regard to the services offered to its members; it cannot however be held liable for the non-fulfillment of any of its obligations due to acts beyond its control (strikes, disasters, computer or hardware breakdowns, internet connectivity problems, etc.).
Article 8: Applicable law
The language of this contract is French. All the clauses of these General Terms of Sale, all transactions, and all purchasing operations conducted through the www.winetrademarket.com website, by mail, or by telephone, shall be governed by French law and statute.
Any dispute not amicably settled shall be brought before the Courts of BORDEAUX, from which city the “Place de Bordeaux” site is operated.
Article 9: Buyer’s acceptance
Members expressly accept these General Terms of Sale, and the prices of the products sold on the site, and declare and acknowledge their full awareness of the same, and waive any claims deriving from conflicting documents, in particular their own general terms of purchase.
The act of making a purchase implies acceptance of these General Terms of Sale.
L’acte d’achat entraîne l’acceptation des présentes Conditions Générales de Vente.