General sales conditions

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PREAMBLE

These General Terms of Sale are concluded between SoDivin, a French limited liability company (SARL) with a capital of 15,830 euros, whose registered office is located at 21, chemin des Horts 30670 Aigues-Vives, France, and registered in the French Trade and Companies Register (RCS) under SIREN number 812 658 821, hereinafter referred to as “SoDivin”, and any natural or legal person wishing to make a purchase from SoDivin, hereinafter referred to as the “Buyer”.

Article 1: DEFINITIONS

For the proper understanding of these terms, the Parties agree to the following definitions:

1.1 “Buyer”: refers to any natural or legal person acting as a consumer or professional, who has placed an order through the SoDivin website to purchase a Product.

1.2 “SoDivin”: refers to the company SoDivin, which sells the Product(s) via its website.

1.3 The “Website” : refers to the website www.sodivin.fr, on which SoDivin lists its Product(s) for sale. The Website is also accessible under other extensions such as “sodivin.com”, “sodivin.co.uk”, “sodivin.de”...

1.4 “Product(s)”: refers to one or more bottles of wine listed for sale on the Website. The Products comply with the French regulations in force.

1.5 “Product Sheet”: refers to the description of the main characteristics of the Product listed for sale.

Article 2: PURPOSE

2.1 The purpose of these General Terms of Sale is to define the contractual relationship between SoDivin and the Buyer.

2.2 SoDivin reserves the right to update these General Terms of Sale at any time.

Any change to the General Terms of Sale shall be binding on the Buyer as soon as they are published online. The new General Terms of Sale have no retroactive effect on sales in progress or already concluded, so any sale is subject to the General Terms of Sale in force on the day of the order.

2.3 The purchase of a Product on the Website implies the unconditional acceptance of the General Terms of Sale in force, which shall prevail over any other document, in particular over the Buyer’s own General Terms of Purchase.

2.4 SoDivin’s General Terms of Sale are freely accessible from the Website’s homepage under the “General Terms of Sale” section.

Article 3: PRODUCTS LISTED FOR SALE

3.1 The Products listed for sale on the Website are subject to availability.

3.2 All Products are described in detail in their Product Sheet, which provides information on the characteristics of the Product, namely: vintage, château/domaine, rating, classification, region, designation, colour, bottle size, price, country of production, tasting notes, etc.

3.4 Photos of the Products on the Website are provided for information purposes only and have no contractual value. Perfect similarity between the photo and the Product cannot be guaranteed. In this respect, SoDivin shall not be held responsible for the delivery of a Product showing differences with its description photo. Furthermore, it’s worth noting that wine is a product, which evolves over time and is sensitive to various external factors such as storage conditions, temperature, transport, etc. After reception and before consumption, it is recommended that the wine be left to rest for several days in an appropriate location. It is also worth mentioning that over time, corks can become brittle. It is rare but possible that a slight seepage occurs during transport. This does not signal to a defective Product. This phenomenon is linked to the nature of the Product and its handling during transport.

Article 4: ORDERING

4.1 When placing an order on the Website the Buyer must follow the following steps:

  • Choose the Product and add it to the basket
  • Validate the basket (subject to availability)
  • Share their information (contact details, delivery address, etc.)
  • Choose the payment method
  • Confirm they are indeed over the legal age
  • Accept these General Terms of Sale unreservedly
  • Validate the payment

The export of certain alcoholic beverages might be subject to restrictions or prohibited in some countries. The Website provides the Buyer with a list of such export restrictions. This list may vary according to states’ policies. See specifics depending on the country (https://www.sodivin.com/content/1-delivery).

4.2 The Buyer receives an order confirmation email.

4.3 Once confirmed by SoDivin – subject to the availability of the Product, and except cases of force majeure –, the order cannot be modified or cancelled. However the Buyer has a right of withdrawal in accordance with Article 7 of these General Terms of Sale.

4.4 All sales are subject to availability and to SoDivin having received full and complete payment. SoDivin retains ownership of the Products until full payment of the order or return of the Product, whilst the risks are borne by the Buyer or the carrier from the time of the order.

4.5 In the event that the same Product is ordered simultaneously by multiple Buyers, the Product shall be sold in the chronological order of the orders received. Any other sale is to be cancelled for subsequent Buyers.

4.6 If the Product is unavailable after an order has been placed, the Buyer shall be offered a substitute Product. If no agreement is reached regarding the substitute Product, the Buyer will be refunded the amount debited without penalty or compensation.

4.7 SoDivin reserves the right to cancel any sale or refuse any order from a Buyer with whom there has been a dispute over the payment of a previous order, or from a Buyer who does not have the capacity to conclude contracts.

Article 5: PRICE – SHIPPING COSTS

5.1 The selling price is indicated on the Website. The price is fixed and non-adjustable. It is indicated per bottle in euros (€), excluding taxes.

The price owed is the one mentioned on the Website on the day of the order.

5.2 The overall price may include various expenses such as shipping costs, bank fees, currency exchange fees, reception fees, brokerage fees, customs duties, etc. as well as various taxes such as local taxes depending on the destination country. These fees and taxes are the sole responsibility of the Buyer. SoDivin shall not be held liable for them. The Buyer agrees to hold SoDivin harmless from any claim, penalty or judgment in this regard. An indicative table of shipping costs and other taxes is available on the Website – https://www.sodivin.com/content/1-delivery.

5.3 The price is due and payable in cash and in full at the time the order is placed. In the absence of full payment of the selling price and of any additional fee or tax incurred, no delivery shall be carried out.

In case the delivery is denied at destination due to non-payment of local taxes and fees, the Buyer shall be solely liable for such payment and held responsible for any claim with the relevant authorities.

5.4 In case full payment is not received within three days of the order date, the sale contract is automatically terminated and SoDivin shall retain ownership of the Product until full payment is received.

5.5 The selling price is payable according to the following methods:

  • Credit card online (Visa, MasterCard)
  • Bank transfer (possible fees to be paid by the Buyer)

o For a bank transfer from France

        Bank: BNP PARIBAS – 1, rue des Rolliers – 30820 Caveirac

        Bank details: 30004 02696 00010042769 53 BNP PARIBAS CAVEIRAC

o For an international bank transfer

        Bank: BNP PARIBAS – 1, rue des Rolliers – 30820 Caveirac – France

        IBAN: FR76 3000 4026 9600 0100 4276 953 BIC: BNPAFRPPNIM

Article 6: DELIVERY – CLAIM TO THE CARRIER

6.1 The Products are delivered in a specific cardboard package (capacity of 1 to 12 bottles), at once and to the same delivery address. Optionally, the Product can be delivered with a wooden box at the current price conditions.

Products delivery is carried out without geographical limitations, unless otherwise stated according to the table provided on the Website (https://www.sodivin.com/content/1-delivery).

6.2 The Products are delivered to the delivery address provided by the Buyer when placing the order.

In case the Buyer wishes to entrust the Product delivery to a carrier other than the one selected by SoDivin, all risks shall be transferred and borne by the Buyer when the goods are handed over to said carrier (Article L. 216-5 of the French Consumer Code).

6.3 Upon receipt of the Product, the Buyer must carefully check the condition of the package and Product. In case of breakage, damage, or missing items, the Buyer must refuse delivery and notify it on the shipping note provided by the carrier.

In case of breakage, damage or missing item upon receipt, the Buyer must send a registered letter to the carrier within 72 hours of delivery, along with a copy to SoDivin. After this period, no claim can be taken into account by the carrier (Article L. 133-3 of the French Commercial Code).

It’s worth mentioning that over time, the corks of certain Products may show signs of leaking. This does not signal a defect of the Product but rather is a usual phenomenon related to the nature of the Product and its handling during transport.

6.4 In the event of an incorrect delivery address or failure to collect the package leading the carrier to return the Product(s), additional return or re-shipment costs shall be borne by the Buyer. Re-shipment will only take place once the Buyer has paid these costs in full. In case the Buyer does not opt for re-shipment, the order shall be refunded minus the deducted return costs.

6.5 Shipping costs vary according to the place of delivery. It is worth noting (see Article 5.2) that fees such as customs duties, brokerage fees and various taxes such as local taxes may also be due. These fees and taxes are the sole responsibility of the Buyer. SoDivin shall not be held liable for them. The Buyer agrees to hold SoDivin harmless from any claim, penalty or judgment in this regard.

SoDivin shall not be held responsible for variations in fees and taxes such as customs duties, brokerage fees and local taxes, nor held liable for any increase in such fees or taxes.

An indicative table of shipping costs and other taxes is available on the Website (https://www.sodivin.com/content/1-delivery).

6.6 It is the Buyer’s responsibility to check with the local authorities for any import restrictions on the Products they intend to purchase.

6.7 Any order validated before 2 p.m. (working days – French time) shall be shipped the same day. Depending on the country of delivery, the Buyer can choose between standard delivery and express delivery, which is faster but comes at an additional cost.

6.8 SoDivin makes every effort to meet delivery times. However please note that these delivery times are indicative only and may vary depending on the service providers appointed, order periods, weather or health conditions, or any other unforeseen circumstances such as customs checks. Consequently, delays in delivery shall not give rise to penalties or indemnities of any kind for SoDivin.

In case SoDivin is late in delivering the Product by up to thirty days – which may be increased by customs delays – after the order was placed, the Buyer, if they are a natural person, may cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after enjoining SoDivin to deliver the Product within a reasonable additional period, SoDivin has failed to comply within said period (Article L. 216-2 of the French Consumer Code).

6.9 Upon receipt of the order, the Buyer agrees to store the Product(s) in an appropriate location. If the Product is returned, a discount coefficient may be applied and deducted from the refund price. SoDivin reserves the right to request an expert analysis in this regard.

Article 7: RIGHT OF WITHDRAWAL FOR CONSUMERS AND NON-PROFESSIONALS

7.1 The Buyer, if they are a natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity or if they are a “non-professional”, i.e. a legal entity that does not act for professional purposes, has the right to withdraw their order during a period of fourteen clear days from the date of receipt of the Products.

If the Buyer, as defined above, wishes to exercise their right of withdrawal, they may use the form provided below. They may also proceed by means of an unambiguous statement clearly and unequivocally expressing their wish to withdraw their order.

Obtain the withdrawal form >> here

7.2 The Buyer may only exercise their right of withdrawal if they have kept the Product(s) in its (their) original packaging and in appropriate storage conditions. In particular, the Buyer may not exercise their right of withdrawal if they have removed or cut the cap, uncorked the bottle, consumed the Product or if they have damaged its integrity, in particular by altering the label or cap, or by using a Coravin device or similar.

7.3 If the Buyer wishes to withdraw, they shall return the Product(s) to SoDivin as soon as possible within fourteen days of receipt. The costs for returning the Product(s) are entirely at the Buyer’s expense. It is the Buyer’s responsibility to keep proof of the return shipment.

7.4 The Buyer must return the Product(s) in their original condition and complete (packaging, accessories, etc.). The Buyer shall only be reimbursed if, after receipt and control, the Product(s) are deemed undamaged. If the Buyer selected a delivery method more expensive than the standard delivery method offered by SoDivin, SoDivin is not required to reimburse the Buyer for the related additional costs.

Article 8: FORCE MAJEURE

SoDivin shall not be held responsible if the non-performance or delay in the performance of an obligation is due to force majeure or the unforeseeable and insurmountable action of a third party.

Article 9: GUARANTEES

9.1 SoDivin undertakes to take all reasonable care that can be expected from a professional seller given the nature of the Product and the means at its disposal to guarantee the origin of the Products it sells. However please note that the Products listed on the Website are rare old wines purchased by SoDivin’s teams on the secondary market without having been tasted beforehand. Similarly SoDivin cannot guarantee the conservation, storage and transport conditions prior to purchase.

As a result, SoDivin is not bound by any obligation of result as to the quality of the Product and shall not be held liable in this respect. In particular, SoDivin does not guarantee that the wine sold on the Website is free from any flaw and that it may not reveal any altered taste to the nose or palate.

9.2 In all cases of complaint, and without prejudice to Article 9.1, SoDivin reserves the right to request the Buyer to return the Product(s) for expert examination or to have it analysed in order to determine whether the Product may have been altered prior to purchase.

In this respect, the Buyer agrees, upon receipt of the Product, to store it in appropriate conditions for proper preservation.

9.3 All Buyers benefit from the legal guarantee against hidden defects provided for in Articles 1641 and following of the French Civil Code. The Buyer, if they are a natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, liberal or agricultural activity or if they are a “non-professional”, i.e. a legal entity that does not act for professional purposes, also benefits from the legal guarantee of compliance, in accordance with Articles L. 217-4 et seq. of the French Consumer Code.

9.4 Under the above legal guarantee of compliance, the Buyer has a period of two years from the delivery of the goods to assert their rights. In this case, the Buyer may choose between repairing the good and replacing it, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code.

9.5 When the Buyer acts in warranty against hidden defects of the good sold, they can choose between cancelling the sale or reducing the selling price in accordance with Article 1644 of the French Civil Code.

9.6 In case of damage to the container (bottle, label, etc.), the returned goods shall be subject to prior analysis by SoDivin based on photographs.

9.7 These guarantees are without prejudice to the right of withdrawal provided for in Article 7 of these General Terms of Sale.

Article 10: DISPUTE RESOLUTION

10.1 In the event of a dispute, the parties shall try to find an amicable solution. To this end, SoDivin makes the following contact address available to the Buyer: [email protected]

10.2 In the event of an unresolved dispute between SoDivin and the Buyer (consumer or non-professional), the latter may at any time use the dispute resolution platform set up by the European Commission: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

10.3 These General Terms of Sale are subject to French law.

In the absence of an agreement on said conditions or an amicable solution, any dispute shall fall under the jurisdiction of competent French courts.

10.4 If any provision of these General Terms of Sale is ruled to be invalid, void or unenforceable for any reason, that provision shall be deemed severable from the remainder of these General Terms of Sale without affecting the validity and enforceability of the remaining provisions.

10.5 The terms of this article shall not deprive consumers of their right to take legal action or defend themselves against legal proceedings in the country where they live or reside, or of the protection afforded to them by the legislation applicable in their country of residence.

Article 11: PUBLIC HEALTH INFORMATION

11.1 Alcohol abuse can harm your health. Please drink responsibly.

11.2 In accordance with French Order No. 59-107 of 7 January 1959 and French Law No. 74-631 of 5 July 1974, the sale of alcoholic beverages to minors is prohibited.

Article 12: DATA PROTECTION

12.1 In application of French Law No. 78-17 of 6 January 1978 on Data Protection, it shall be mentioned that the personal data requested from the Buyer is necessary to process their order and establish invoices.

This data may be communicated to any of SoDivin’s partners in charge of processing orders.

12.2 The Buyer has a permanent right of access, rectification, opposition, portability and deletion of personal data concerning them, which is processed under the responsibility of SoDivin.

You may exercise this right by contacting the following address: [email protected]

Article 13: LEGAL INFORMATION

13.1 All documents (texts, logos, images, etc.) featured on the Website are protected by the French Intellectual Property Code. Therefore none of these documents may be copied, reproduced, modified, transmitted or distributed in any manner. You may only download one copy of the documents for your personal use and for non-commercial purposes. Modification of these documents or their use for any other purpose shall constitute an infringement of SoDivin’s intellectual property rights.

The trademarks mentioned on this Website are registered by the companies that own them.

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