Terms of sale

Article 1 – Preamble

The company VINOVAE (hereinafter referred to as "VINOVAE") offers on its website www.e-tasting.com (hereinafter referred to as the "Website") a service enabling the purchase of wine samples in the form of Vinottes (hereinafter referred to as "Vinottes"), comprising various Vinotte tasting sets (hereinafter referred to as "Tasting Sets"), in order to taste different wines within the scope of training exercises. The wines contained in the Vinottes within the Tasting Sets are selected in agreement with the training levels delivered by partner organisations. The Customer may therefore not know in advance which Vinottes they will receive. The Vinottes and the Tasting Sets are hereinafter collectively referred to as the "Products". A Vinotte is a wine bottle sample with a capacity of 2 cl, 4 cl, or 5 cl. The repackaging system of wine bottles into Vinottes is patented. It guarantees the organoleptic properties of the repackaged wine for three months from the date of repackaging. VINOVAE offers on its Website the purchase of various Sets (hereinafter referred to as the "Contract").

Article 2 – Scope of the General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to any Contract concluded on the Website by an adult customer acting as a consumer within the meaning of French law and case law (hereinafter referred to as the "Customer"). VINOVAE reserves the right to refuse to enter into a Contract with a professional. The Customer declares that they have full legal capacity allowing them to commit under these General Terms and Conditions of Sale. Any conclusion of a Contract implies the Customer's full and unreserved acceptance of these General Terms and Conditions, save for special conditions agreed or accepted in writing between the parties.

Ticking the box "I accept the General Terms and Conditions" when placing an order constitutes full and complete acceptance of these General Terms and Conditions. Any document other than these General Terms and Conditions of Sale, including catalogues, brochures, advertisements, and notices, is for information and guidance purposes only and is non-contractual. The failure of VINOVAE to enforce any of the clauses of these General Terms and Conditions at any given time shall not be construed as a waiver of its right to enforce them at a later date. VINOVAE reserves the right to adapt or modify these General Terms and Conditions of Sale at any time. In the event of a modification, the General Terms and Conditions of Sale in force on the date the Contract is concluded shall apply to each Contract. Should any provision of these Terms and Conditions be deemed null and void for any reason whatsoever, all other provisions of these Terms and Conditions shall remain binding between the Parties.

Article 3 – Different Types of Sets Offered

The Customer may order different types of Tasting Sets: Level 1, Level 2, Level 3, Blind Tasting Sets, Advent Calendars, etc.

Article 4 – Prices

The prices of the Contracts are displayed to the Customer on the Website. Delivery charges are also detailed. VINOVAE reserves the right to amend its prices at any time. The applicable prices shall be those in force at the time the Contract is concluded.

Article 5 – Terms and Conditions of Concluding a Contract

5.1 Online Form The Customer concludes the Contract on the Website, choosing from the types of Sets offered and using the online form provided. The Customer must follow the successive steps to complete the Contract, notably selecting the desired type of set and specifying the delivery address for the Products. The Customer then validates their selection by clicking the "Confirm my order" icon after having ticked the box "I accept the General Terms and Conditions", which constitutes full and unreserved acceptance of these General Terms and Conditions. All concluded Contracts are subject to an order summary allowing the Customer to verify the details and total price of their order, and to rectify any errors before confirming it to express acceptance. Finally, the Customer confirms the conclusion of the Contract by proceeding to payment.

5.2 Customer Account Concluding a Contract on the Website requires the prior and free creation of a Customer Account on the Website. When creating their Customer Account, the Customer undertakes to provide accurate and truthful information regarding their situation. To this end, they provide their surname, first name, postal address, telephone number, and email address, and select login credentials (a username and a password). An uniqueness check of the username is then performed by the computer system implemented by VINOVAE. These credentials, which are strictly confidential, are requested from the Customer at each transaction. The password can be amended online from the Customer Account. This password is personal, confidential, and non-transferable; the Customer therefore undertakes not to disclose it to third parties. Any access to the Customer Account using their password shall be deemed to have been made by the Customer. VINOVAE shall not, under any circumstances, be held liable for any fraudulent or improper use of the password and/or the Customer Account. The Customer agrees to safeguard these credentials and must immediately report any loss in writing to release their liability. In the event of a lost or forgotten password, the Customer may click on the "Forgotten password" link and enter their email address. They will receive an email containing a link to create a new password. The Customer undertakes, prior to each new Contract, to regularly check the details relating to them and to make any necessary amendments online in their Customer Account. VINOVAE draws the Customer's particular attention to the necessity of providing a valid email address and telephone number.

5.3 Payment The sum owed by the Customer under the Contract is payable in full on the day the Contract is concluded, or by direct debit from their account, depending on the subscription packages selected. Payment in full is made via PayPal, by payment card (Carte Bleue, Visa, Mastercard), or directly through a PayPal account. The Customer warrants to VINOVAE that they hold the necessary authorisations to use the chosen payment method and have sufficient funds to cover all resulting costs. Final validation of the Contract by the Customer constitutes proof of their agreement, renders the sums due under the Contract payable, and constitutes express acceptance of all transactions carried out. No Contract paid for by the Customer may be amended or cancelled, subject to the provisions of Article 8 herein.

5.4 Order Confirmation VINOVAE confirms the conclusion of the Contract by email, summarising the specifications of the order placed. In accordance with Article L. 121-11 of the French Consumer Code, VINOVAE reserves the right to refuse an order for legitimate reasons, of which it shall inform the Customer by email; such legitimate grounds notably include the absence of all or part of the information required to process and deliver the ordered Products, permanent unavailability of the ordered Products, refusal of payment authorisation by payment card or PayPal by officially accredited organisations, non-payment, or an abnormal or bad-faith order.

Article 6 – Delivery

6.1 Delivery Area The Products are delivered to the countries specified in the dispatch form at the time of order confirmation.

6.2 Shipping Methods The ordered Products are delivered to the address specified by the Customer when entering into the Contract. In the event of the recipient's absence or the absence of a person authorised to take delivery of the Products, the carrier leaves a calling card at the delivery address provided by the Customer (or sends an electronic notification) enabling the Customer to collect the parcel from the location and within the period indicated. Under no circumstances shall VINOVAE be held liable for any deterioration of the Products resulting from late collection from the carrier or failure by the Customer to collect the Products. Any delay in delivery, or non-delivery caused by inaccurate or incomplete information supplied by the Customer, shall not give rise to any refund. Any parcel returned to the seller due to an incorrect or incomplete delivery address shall be redispatched at the Customer's expense. Any storage fees shall remain the Customer's responsibility.

6.2.1 Unclaimed or Uncollected Parcels In the event that a parcel is not collected by the Customer from the designated pick-up point or post office within the timeframe specified by the carrier, or is returned to VINOVAE due to lack of access or repeated absence, VINOVAE shall notify the Customer by email. In such circumstances:

  • If the Customer requests the re-dispatch of their order, this shall be subject to the prior payment of new delivery charges by the Customer.

  • If the Customer requests a refund of their order, or in the absence of a response from the Customer within seven (7) calendar days following the dispatch of said notification, the order shall be cancelled and the sale terminated as of right (résolution de plein droit). VINOVAE shall then proceed to refund the Products, subject to the deduction of a flat fee of €9.90 including VAT corresponding to the return shipping costs of the parcel and logistics processing expenses incurred by VINOVAE.

6.3 Delivery Times VINOVAE provides an estimated delivery time to the Customer upon conclusion of the Contract. This timeframe runs from the confirmation of the validation of the Contract, as defined in Article 5.4 of these General Terms and Conditions of Sale.

Article 7 – Transfer of Ownership / Transfer of Risk

By way of derogation from Article 1196, paragraph 1, of the French Civil Code, VINOVAE expressly retains ownership of the delivered Products until full payment of their price has been received. In the event of default by the Customer, VINOVAE reserves the right to repossess the Products. The transfer of risks, notably regarding loss, destruction, damage, or theft of the Products, passes to the Customer as soon as the Customer takes physical possession of the Products.

Article 8 – Right of Withdrawal

In accordance with the provisions of Article L. 221-18 of the French Consumer Code, the Customer, acting as a consumer, has a statutory cooling-off period of fourteen (14) calendar days from the date on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Products, allowing them to cancel all or part of the Contract and return the received Products at their own expense. A Customer wishing to exercise their right of withdrawal must notify VINOVAE of their decision within the aforementioned period using the dedicated form provided for this purpose at the following link: https://forms.gle/PwABp5VhLFumjjZ16, or by means of an unambiguous statement setting out their decision to withdraw. The return address is: VINOVAE, 24 avenue Joannès Masset, Bâtiment les Passerelles, 69009 Lyon, France. The Products must be returned by the Customer within a maximum period of fourteen (14) calendar days following the communication of their decision to withdraw. The direct costs of returning the Products shall be borne entirely and exclusively by the Customer, who remains free to arrange the return using the carrier and secure shipping method of their choice. The Customer is responsible for retaining proof of dispatch. The Products must be returned in their original packaging, properly protected, and unopened given the nature of tasting samples. They must be in perfect condition for resale. Any Product returned incomplete, damaged, washed, broken, deteriorated, or soiled—even partially—shall neither be refunded nor exchanged. Except in cases of lack of conformity or latent defects of the Product, return costs shall be borne by the Customer. In the event of a valid withdrawal, the Customer shall be reimbursed, promptly and no later than fourteen (14) days from the date on which VINOVAE is informed of the Customer's decision to withdraw, for all sums paid (including initial standard delivery costs, excluding any supplementary costs if the Customer expressly selected a type of delivery more expensive than the standard delivery method offered). However, VINOVAE may withhold the reimbursement until the Products have been recovered or until the Customer has supplied proof of having sent back the Products, whichever is the earliest.

Article 9 – Receipt of Products

The Customer must check the conformity of the Products before signing any delivery slip. The Customer must indicate on the delivery note, in handwritten, precise, and reasoned reservations accompanied by their signature, any visible defect concerning the delivery (damage, missing items, etc.). These reservations must be confirmed by registered post to VINOVAE’s registered office within eight (8) days following delivery. Failing confirmation of reservations within this period, no claim for apparent defects shall be accepted by VINOVAE, and the delivered Product shall be deemed compliant. If the delivery does not conform quantitatively to the order, VINOVAE shall solely refund the difference in price between the Products ordered and those delivered. In the case of a Product that is damaged or does not correspond to the Customer's order, VINOVAE undertakes to proceed with an exchange, to the exclusion of any other compensation and damages. VINOVAE shall send an email or letter confirming its acceptance of the return of the Product(s). No return will be accepted without the prior written consent of VINOVAE. In the event of non-conformity, any returns must be sent to VINOVAE's address, in their original and complete condition, and within eight (8) calendar days of VINOVAE's written agreement. Products returned incomplete, damaged, broken, soiled, removed from their packaging by the Customer, or not having been subject to express reservations upon delivery under the terms of this article, shall not be taken back. Return shipping costs shall be reimbursed to the Customer upon presentation of supporting receipts. VINOVAE does not accept parcels sent carriage forward (port dû). Any risk associated with returning the Products remains with the Customer.

Article 10 – Statutory Warranties

The Products supplied by VINOVAE benefit as of right, in accordance with legal provisions, from:

  • the statutory guarantee of conformity under the conditions of Articles L. 217-4 et seq. of the French Consumer Code;

  • the statutory guarantee against hidden defects (vices cachés) under the conditions of Articles 1641 et seq. of the French Civil Code. It is recalled that, under the statutory guarantee of conformity, the Customer:

  • has a period of two years from the delivery of the goods to take action against the seller;

  • may choose between the repair or replacement of the ordered Product, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;

  • is exempt from providing proof of the existence of the lack of conformity of the Product for twenty-four (24) months following the delivery of the Product. The Customer may decide to implement the guarantee against latent defects of the Product pursuant to Article 1641 of the French Civil Code; in this case, they may choose between the cancellation of the sale or a reduction in the purchase price pursuant to Article 1644 of the French Civil Code.

Article 11 – Liability

VINOVAE may at any time prevent an action for liability by bringing the Product into conformity or by replacing a defective or non-compliant Product, it being understood that VINOVAE accepts no returns without prior authorisation. VINOVAE cannot in any case be held liable in the event of misuse of the Products by the Customer and failure by the latter to comply with usage instructions. In any event, VINOVAE’s liability may only be incurred in compensation for real, direct, personal, and certain damage suffered by the Customer as a result of the Products, provided that the Customer proves that a breach or fault on the part of VINOVAE is the cause of such damage. VINOVAE shall under no circumstances be held liable, whether towards the Customer or towards third parties, for any indirect damage. The Products offered comply with applicable French and European legislation. VINOVAE cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is the Customer's responsibility to verify with local authorities the options for importing or using the Products or services they plan to order. The Customer is deemed to have full knowledge of the Products and acknowledges that, when ordering a Product, they were able to obtain the information relating to the item ordered, in particular via the description and information provided on the Website. VINOVAE is solely responsible for the content of the pages it edits. The Website may contain links to other websites. Under no circumstances shall VINOVAE be held responsible for the practices or content of these websites. For all stages of website access, consultation, filling in forms, and placing orders, VINOVAE is subject only to an obligation of best endeavours (obligation de moyens). Consequently, VINOVAE cannot be held liable for any inconvenience or damage inherent in the use of the Internet. In particular, any disruption in the provision of the service, external intrusion, or presence of computer viruses shall not engage the liability of VINOVAE.

Article 12 – Force Majeure

In the event of an occurrence beyond the control of VINOVAE preventing or delaying the performance of delivery—notably in cases of force majeure, shortage of raw materials, unforeseen production difficulties, production limitation or cessation, difficulties with subcontractors or suppliers, strikes, economic or political disruption caused by events such as war, civil war, embargo, or transport disruptions—its liability cannot be engaged. Delivery periods shall be extended accordingly. If the impediment is permanent or lasts longer than one month, VINOVAE shall be entitled to terminate the Contract as of right, without any court formality, by simple registered letter with acknowledgement of receipt.

Article 13 – Termination

In the event of a breach by the Customer of any of their contractual obligations, notably in the event of a payment default, VINOVAE reserves the right to suspend the Customer's access to the Website, or even terminate their account as of right without any court formality, depending on the severity of the breaches. VINOVAE reserves the right to refuse any order from a Customer with whom any dispute exists.

Article 14 – Applicable Law and Dispute Resolution

The Contract and these General Terms and Conditions are governed by French law. The consumer Customer is informed of their right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute between them and VINOVAE. Any consumer dispute must first be submitted in writing to VINOVAE Customer Service at the following coordinates: Vinovae, Customer Service www.e-tasting.com, 24 avenue Joannès Masset, 69009 Lyon, France

Email: contact@e-tasting.com

Following a prior written attempt by consumers vis-à-vis VINOVAE, the Mediation Service may be referred to for any consumer dispute that has not been successfully settled. In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform facilitating independent, out-of-court settlement of online disputes between consumers and traders within the European Union. This platform is accessible at: https://webgate.ec.europa.eu/odr/

Article 15 – Intellectual Property

All elements published on the Website, such as audio, images, photographs, videos, written texts, animations, programmes, visual identity, database utilities, software, and other underlying technologies are protected under the provisions of the French Intellectual Property Code and are the property of VINOVAE. VINOVAE, E-tasting, and Vinotte are trademarks registered with the INPI. Any total or partial reproduction, modification, or use of these trademarks, illustrations, and images from the Website, for whatever purpose and on whatever medium, without the express prior agreement of VINOVAE, is strictly prohibited.

Article 16 – Personal Data and Nominative Information

In accordance with the provisions of French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties (as amended) and the General Data Protection Regulation (EU GDPR 2016/679), the Customer is informed that personal data concerning them is collected and processed by VINOVAE acting as the data controller. The Customer is informed that data concerning them may be entered into nominative files, to be used by VINOVAE in compliance with applicable statutory provisions for the provision of services offered to Customers on the Website, for internal statistics, and to enhance and personalise communications addressed to them. The Customer is informed that they have the right to access, rectify, delete, and object on legitimate grounds to the processing of information relating to them. They may exercise these rights at any time by logging into their Customer Account or by sending a letter or email to VINOVAE at the contact details stated in Article 14.