The Vinum Armenti online store is operated by the company Masevins, a company
simplified shares with capital of 4,744,930 euros, registered in the register
of commerce and companies of Paris under number 851 725 598, whose head office
social is located 24 rue René Boulanger, 75010 Paris.
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1 – DEFINITION
The terms listed below and whose first letter appears in capital letters will have the following meaning:
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Customer :
designates the buyer of the Products;
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General Conditions of Sale : refers to these general conditions of sale (hereinafter referred to as the “CGV”);
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Masevins : designates the company
manager of the Site www.vinumarmenti.com and whose main activity is the sale of rare wine online;
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Products : refers to the items sold by Vinum Armenti and appearing in the catalog published on its website;
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Site : refers to the Vinum Armenti online store available at the following address www.vinumarmenti.com;
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User : refers to people accessing the Site but not having purchased the Products;
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Vinum Armenti : refers to the commercial name of Masevins.
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2 – PREVENTION
In accordance with article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Vinum Armenti online store is exclusively reserved for people over the age of eighteen (18).
Alcohol abuse is dangerous for health. To consume with moderation.
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3 – SCOPE OF APPLICATION
These general conditions of sale govern all sales of Products presented on the Site. Any order implies full acceptance
and without reservation of these General Conditions of Sale which aim to define the rights and obligations of the parties in the context of the online sale of goods offered by Vinum Armenti.
The General Conditions of Sale being subject to modification at any time, without notice, the Customer is invited to read them carefully before each order and the user during each of his visits.
The provisions of the General Conditions of Sale which grant specific rights to consumer Customers do not apply to professional Customers within the meaning of the introductory article of the Consumer Code.
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4 – PRODUCTS
The Products offered by Vinum Armenti are those which appear in the catalog published on the site www.vinumarmenti.com.
The Customer is informed that Vinum Armenti offers the Products for sale having acquired them either during auctions from auctioneers and experts with undisputed reputation or directly from recognized traders.
These Products are offered while stocks last.
The products purchased by Vinum Armenti during auctions are accompanied by a description established by Vinum Armenti based on information and photographs provided by an expert recognized by French auctioneers. These photographs are the property of the expert and are not free of rights.
The products purchased by Vinum Armenti during auctions, as well as any crates which protect them, are appraised by an expert with undisputed notoriety, whether they are bottles or crates and whether they are open or strapped. .
The products purchased by Vinum Armenti from traders are accompanied by a description established by Vinum Armenti based on information and photographs provided by the traders. These photographs are the property of the traders. The photographs are not contractual.
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5 – ORDERS
The customer places an order on the Website www.vinumarmenti.com. To purchase one or more products, you must follow the following order process:
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Choice of one or more Product(s) on the Site,
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Choice of delivery or order delivery method,
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Sending the quote request via the Site,
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Receipt of the quote established by Vinum Armenti as well as these T&Cs,
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Validation of the quote established by Vinum Armenti as well as these T&Cs,
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Choice of payment method,
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Payment of the order based on the amount appearing in the validated quote,
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Validation of payment and order,
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Preparation of the order,
·
Delivery or collection of the order.
The order is only firm when the Customer has successively completed the steps described above and their payment is accepted. The Customer undertakes to be eighteen (18) years old on the date of the order or, for Customers established outside France, the minimum legal age in force in their country for the purchase and consumption of alcohol.
Thanks to the quote received from Vinum Armenti, the Customer will be able to view the content of the order, its total price (delivery included) and correct any errors, before confirming it to express their firm acceptance.
Once payment has been validated, the order is confirmed by Vinum Armenti by sending a confirmation e-mail to the Customer which indicates the summary and main characteristics of the Products ordered, the price and the mode and transport costs on optionally.
The Products ordered by the Customer will in no way be reserved for him until he has paid the price and until Vinum Armenti has received the funds (see article 7 – payment below).
Vinum Armenti reserves ownership of the Products until full payment of the order has been received, i.e. the actual collection of the order price by Vinum Armenti.
Vinum Armenti undertakes, within the limits of available stocks, to honor orders received on the Site. If an ordered Product is unavailable, the Customer is informed by Vinum Armenti who can at that time offer a Product of equivalent quality and price, or failing that, reimburse the sums paid for the unavailable Product within 14 days. and associated shipping costs.
Vinum Armenti reserves the right to cancel or refuse any order that comes from a Customer with whom there is a dispute relating to the payment of a previous order or if several serious and consistent elements would give rise to a suspicion of fraud on the order or payment. Any order constitutes acceptance of the prices and descriptions of the Products available for sale.
Vinum Armenti reserves the right to cancel all or part of current orders in the event of non-compliance with these General Terms and Conditions by the Customer.
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6 – PRICE
All invoices are sent to the Customer by e-mail upon order confirmation.
and the Customer can also access it within their account on the online store.
The prices appearing in the catalog are prices including all French taxes in euros taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the Products.
Vinum Armenti reserves the right to modify its prices at any time, it being understood that the price appearing in the quote on the day of the order will be the only one applicable to the Customer. Vinum Armenti undertakes to ensure that the prices appearing on the quote are applicable for a period of 10 working days from the date of issue of the quote. After this period, the prices appearing on the quote are no longer guaranteed and a new quote will have to be established.
The prices indicated are exclusive of delivery costs, which are indicated on the quote according to the delivery method chosen by the Customer, and excluding any costs and customs clearance duties.
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7 – PAYMENT TERMS
Payment for purchases is made via one of the following means, at the Customer’s convenience:
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By credit card,
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By bank transfer to the account of the company Masevins (Vinum Armenti) whose RIB appears in the quote.
Products ordered and paid for by transfer will then be reserved 5 working days from the date of proof of transfer. After this period and in the absence of receipt of said transfer, Vinum Armenti reserves the right to cancel the Customer’s order.
In order to comply with its AML/CFT obligations, Vinum Armenti may be required to request additional information from the Customer for any purchase of an amount greater than 10,000 euros.
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8 – TERMS OF COLLECTION OR DELIVERY OF THE ORDER
The Customer has the choice of method of receiving the order between:
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Collection of the order from the Vinum Armenti warehouse, by the Customer himself or by a courier mandated by the Customer,
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Delivery of the order to the location of your choice.
If the Customer opts for delivery of his order, Vinum Armenti has the choice between using the services of a courier commissioned to transport the Customer’s order or shipping the order via a transport provider (DHL, Chronopost, etc.).
For the shipment of Products sold in crate, no disbursement can be carried out by Vinum Armenti even if the transport provider requires it to make the delivery. If the transport provider refuses to take charge of the Products sold at the checkout, the Customer must opt for delivery by courier at their own expense or collection of their order.
Delivery costs are invoiced in full to the Customer by Vinum Armenti. Delivery costs vary depending on the weight and size of the order, the type of carrier chosen and the delivery location for delivery addresses located in France.
For deliveries in the French Overseas Territories or abroad, Vinum Armenti and the Customer agree to work together to define delivery terms.
All local taxes, local taxes, customs duties or other paid services are the sole responsibility of the Customer and are their entire responsibility. In addition, it is the Customer’s responsibility to ensure that the Products comply with local legislative and regulatory requirements and, where applicable, to complete all formalities and/or obtain all authorizations from local authorities which may be necessary for the purchase of the Products. .
For Customers who have chosen to collect their order, Vinum Armenti undertakes to prepare the Customer’s order within 5 working days following receipt of payment for the order. An email confirming the availability of the order will be sent to the Customer so that they can collect their order during the opening hours of the Vinum Armenti warehouse.
For Customers who have chosen delivery of their order, Vinum Armenti undertakes to ship the Customer’s order within 5 working days following receipt of payment for the order. These preparation and shipping times may be extended during periods of high activity, due to specific government measures, particularly health measures, or in the event of exceptional closure of our warehouse.
An e-mail confirming the shipment of the order is sent to the Customer who has opted for delivery of the order on the day the order is actually shipped. For deliveries by transport provider (DHL, Chronopost, etc.) a tracking number for the progress of the delivery is sent by email to the Customer. Detailed delivery tracking is done on the carrier’s website, via the link provided by Vinum Armenti.
For information purposes, it should be noted that the delivery time (from the effective date of dispatch of the order) for delivery addresses in mainland France depends on the mode of transport chosen. Compliance with these delivery times is the sole responsibility of the courier or carrier.
Unless otherwise specified prior to the conclusion of the sales contract for the Products, Vinum Armenti undertakes to deliver all the Products ordered within a maximum period of thirty (30) working days.
The transfer of risks to the Customer is effective at the time of delivery of the Products to the Customer, or to the courier that he himself has mandated to collect his order. Thus Vinum Armenti cannot be held responsible in the event of disputes arising after delivery of the order by Vinum Armenti to the Customer or its courier, the Customer having become solely responsible for the Products.
Upon receipt of the goods and before signature, the Customer is required to check the good condition of the Products delivered. Any anomaly noted (missing product, damaged package, broken product, etc.) must be indicated and the Customer must immediately express their reservations in a legible and understandable manner on the delivery slip.
Vinum Armenti and its transport provider or courier assume responsibility for the transport risks and will reimburse the Customer provided that the package is returned in full (in the condition in which the package was delivered) to the transport provider or courier with a mention of the defects on the delivery note, a copy of which must be sent to Vinum Armenti. Otherwise, the Customer will not be able to obtain a refund for the Products.
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9 – RIGHT OF WITHDRAWAL
This clause is applicable only in the event of distance selling falling within the scope of Article L. 221-18 of the French Consumer Code, that is to say in the event of the sale of a good concluded between Vinum Armenti and a consumer, without the simultaneous physical presence of the parties who use, for the conclusion of this contract, exclusively one or more remote communication techniques.
The Customer has a period of fourteen (14) days from receipt of his order to exercise his right of withdrawal without having to provide reasons or pay penalties. Only the costs of returning the Products using the same mode of transport as for the delivery of the Products remain the responsibility of the Customer.
To exercise the right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or email) to the following contact details: 24 Rue René Boulanger 75010 Paris , Email: contact@vinumarmenti.com
Given the nature of the Products, only Products which are strictly intact, unopened, in their complete original packaging and within fourteen (14) days following receipt of the order can be returned.
Upon receipt by Vinum Armenti of the Products conforming to the condition described above, the reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless expressly agreed by the Customer for Vinum Armenti to use another method. payment, and to the extent that the reimbursement does not incur costs for the Customer.
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10 – AFTER-SALES SERVICE
Vinum Armenti undertakes to respond as quickly as possible, and at the latest within 5 (five) days, to any complaint it receives. The after-sales service responds to calls and letters in French or English.
The after-sales service can be reached on working days by e-mail to contact@vinumarmenti.com, from Monday to Friday.
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11 – LEGAL GUARANTEE
Vinum Armenti is liable for any lack of conformity of the Products in relation to the description given on the Site www.vinumarmenti.com in accordance with articles L217-3 et seq. of the Consumer Code, and for any hidden defects in the Products sold under the conditions of articles 1643 et seq. of the Civil Code and subject to the reservations below.
However, the Customer is informed that the attributions concerning the bottles (levels, labels, corks and capsules) have been established taking into account the knowledge at the date of the sale, and are given for information purposes only. The information given on the labels, back labels, collars and caps of the bottles constitutes the identification of the drinks and can in no way engage the responsibility of Vinum Armenti. Likewise, the taste, olfactory or visual characteristics of Products acquired through Vinum Armenti cannot be guaranteed by Vinum Armenti.
Given the nature of the Products and their method of acquisition by Vinum Armenti, it cannot guarantee that the optimal conservation conditions of the Products have been respected by the previous owners of the Products. Vinum Armenti guarantees that the optimal conservation conditions of the Products have been respected from the day on which it acquired them.
Vinum Armenti must be able to examine the lack of conformity alleged by the Customer in order to determine whether or not the defect exists.
In the event that Vinum Armenti notes the existence of the lack of conformity claimed by the Customer, taking into account the nature of the Products sold by Vinum Armenti, the Customer will not be able to demand compliance of the Product and must choose one of the following three options:
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Keep the Product against restitution of part of the price;
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Replacement of the Product with a Product similar in characteristics and value, or;
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Return the Product for a refund.
Unless otherwise provided by law, Vinum Armenti’s liability cannot under any circumstances exceed the price of the Products invoiced by Vinum Armenti to the Customer.
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12 – INTELLECTUAL PROPERTY RIGHTS
The Site and each of its elements are the exclusive property of Masevins and its partners. Masevins is solely authorized to use all related intellectual property rights, in particular trademarks, designs and models, logos, graphics, photographs, animations, videos, texts, copyright and image rights, on an original basis or by effect of express authorization. The User and the Client do not have the right to use or reproduce the images, brands, designs and models, logos, graphics, photographs, animations, videos and/or texts appearing on the site.
Any distribution, reproduction, representation, or adaptation, in whole or in part, of the Site or any of its elements is prohibited, as is their alteration.
The usage rights granted by Masevins to the Client or User are reserved for private and personal use. Any other use by the Client or User is prohibited without the express written authorization of Masevins.
The Client or User undertakes not to modify, copy, reproduce, download, distribute, transmit, exploit and/or distribute in any way whatsoever any element of the Site, including the computer codes of the elements composing it.
All brands mentioned or used on the Site are the exclusive property of their respective owners.
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13 – PERSONAL DATA
In accordance with the European regulation on the protection of personal data (GDPR) (regulation 2016/679 of April 27, 2016), it is recalled that the personal data collected are necessary for the use and execution of the services offered by Masevins. The Customer has a right of access and rectification, erasure and portability of personal data concerning him.
Certain information relating to the Customer is mandatory and necessary to process the Customer’s order.
The Customer may also request a limitation of processing or object to the processing of data concerning him. The Customer has the right to withdraw his consent to the processing of his data at any time.
The Customer can exercise this right by directly accessing his personal online account using his pseudonym and password. He can also contact Masevins.
Finally, the Customer has the possibility of submitting a complaint to the CNIL. Certain information relating to the Customer is mandatory and necessary to process their complaint. Failure to respond to a mandatory field may compromise the smooth running of your complaint file.
The information concerning the Customer is intended for Masevins. Masevins may be required to transmit them to its commercial partners. The Customer may object to this transmission by specifying this when registering.
The Client’s personal information will be kept for as long as necessary until the execution of Masevins’ services, unless the Client exercises his right to delete the data concerning him.
Acceptance of these General Conditions of Sale constitutes acceptance of the Vinum Armenti newsletter.
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14 – RESPONSIBILITIES
Under no circumstances can Vinum Armenti be held responsible for any direct or indirect damage, whatever its nature, arising from the use of its Site and/or its temporary inaccessibility due to technical reasons.
The content of the Site is subject to change without notice.
Vinum Armenti declines all responsibility for the content available on other websites to which links exist. Access to websites linked to the Site is at the risk of the Client or User.
Vinum Armenti also declines all responsibility for all information and content of third party sites which contain links to the Site.
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15 – FORCE MAJEURE
Vinum Armenti cannot be held responsible in the event of non-performance of the contract due to the occurrence of a force majeure event, as defined by article 1218 of the civil code and consistent case law on the subject.
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16 – PROTECTION OF MINORS AND HEALTH MESSAGE
Protection of minors
In accordance with article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Customer declares and undertakes to be at least 18 years old on the date of the order.
Health warning
Alcohol abuse is dangerous for your health, consume in moderation.
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17 – APPLICABLE LAW AND MEDIATION
Applicable law, disputes and disputes
These General Terms and Conditions are governed by French law, and applied and interpreted in accordance with this law. In the event of a dispute in relation to these General Terms and Conditions, the Parties grant exclusive jurisdiction to the French courts.
Consumer mediation
Under the terms of article L.612-1 of the Consumer Code, “every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
As such, in the context of a dispute which has not been resolved amicably, within 30 days of his written complaint, the consumer, subject to article L.612-2 of the Consumer Code, has the option of submitting a request for amicable resolution through mediation, to the FEVAD: https://www.mediateurfevad.fr/
Please note that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
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18 – GENERAL PROVISIONS
Entire Agreement
The Parties expressly declare that these general conditions express their entire agreement relating to their subject matter, and that they cancel and replace all previous agreements entered into between them in relation to this subject matter.
Autonomy, adaptation and modification
If any of the stipulations of these T&Cs is void, the stipulation concerned will not be applied but the other stipulations of the T&Cs will remain in force.