Terms and Conditions of Sale
The present General Sales Conditions, hereafter referred to as GSC, govern the general sales conditions of MADIVIN SAS, a simplified joint stock company with a capital of €10,000, registered in the Lyon Trade and Companies Register under number 888 607 462 and whose head office is located at 10 rue Bellecordière 69002 Lyon, hereafter referred to as MADIVIN. These GTC include the personal data protection policy.
The GTC are subject to change, each new version overwriting the previous one. MADIVIN will keep track of the different GTCs and will inform on its site in the “GTCs” section the date of publication of the current GTCs. It is up to the user to take note of the latest version of the GTC. The purchase of a product on the MADIVIN website implies the full and unreserved acceptance of the GTC by the buyer. MADIVIN reserves the right to modify the GTC at any time without notice. The fact that MADIVIN does not claim the application of a clause of the GTC or accepts its non-execution, either temporarily or recurrently, cannot be interpreted as a definitive renunciation of its non-application or as a definitive acceptance of its non-execution.
The purpose of MADIVIN is to promote a winemaker-centered approach to wine. As such, MADIVIN promotes under its brand the winemaker who has been involved in the vinification of the wine marketed by MADIVIN. On its website, MADIVIN promotes its wines and winemakers and offers to market its wines online.
The purpose of MADIVIN being the marketing of a range of wines, the company would like to remind you that the abuse of alcohol is dangerous for your health and that the wines offered for sale by MADIVIN should be consumed in moderation.
An Alcohol Info Service number is available to users at 0 980 980 930, from 8am to 2am, 7 days a week. The call is anonymous and not surcharged (cost of a local call from a landline or included in the packages of boxes and mobiles). By validating an order, a customer agrees to be at least eighteen years old on the date of the order, as article L. 3342-1 of the French Public Health Code prohibits the sale of alcohol to minors under eighteen (18) years of age.
All logos, graphics, photographs, data and product descriptions on the site are the exclusive property of MADIVIN or of third parties who have granted a license.
The brands and logos appearing on the site are registered trademarks of MADIVIN which has acquired the rights.
Any reproduction, without express and written authorization from MADIVIN is likely to constitute a usurpation engaging the responsibility of its author.
Access to the website
The user browsing MADIVIN’s website must first authorize cookies, which are small files stored by a server in the terminal (computer, telephone, etc.) of a user and associated with a web domain (i.e. in most cases with all the pages of the same website). These files are automatically sent back to the user when he/she contacts the same domain again.
The MADIVIN website is developed by MONSIEUR W, a company domiciled at 100D Cours Lafayette 69003 Lyon France whose SIRET is 83313298800019. Access to the MADIVIN website is free to any user who has access to the Internet.
MADIVIN uses all reasonable means to ensure access to the site, subject to possible breakdowns related to the site’s hosting server and maintenance interventions for the proper functioning of the site. MADIVIN disclaims all responsibility for any network and/or server malfunction or any other event beyond its control, which would prevent or degrade access to the site.
MADIVIN reserves the right to temporarily suspend or modify without notice access to all or part of the site, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation of any kind.
The user is solely responsible for the use he makes of the site. Consequently, it is up to him to take all appropriate measures to protect his data, computer systems and/or software against any contamination by possible viruses.
Conditions of validation of an order
To place an order, a customer agrees to be at least eighteen (18) years of age on the date of the order insofar as Article L. 3342-1 of the Public Health Code prohibits the sale of alcohol to minors under eighteen (18) years of age.
The customer must agree to provide the information required to place an order and must attest to the veracity of this information (delivery address, billing address, etc.). The customer agrees to verify that all personal and order information (product ordered, quantity, amount) is correct, as these errors cannot be attributed to MADIVIN and cannot lead to claims or cancellation of the order at the customer’s request.
MADIVIN commits to honor orders within the limits of available products only. In case of unavailability, MADIVIN commits to inform the buyer quickly of the unavailability of the ordered product. Each sale is subject to an invoice issued by MADIVIN. Invoices are archived by MADIVIN on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1360 of the Civil Code. The computerized records constitute proof of communications, orders, payments and transactions between the parties.
MADIVIN reserves the right to cancel or refuse any order issued by a customer who is in dispute over payment for a previous order, or if the quantities ordered are deemed abnormally large.
Unless otherwise indicated, the prices of the products indicated on the website for the general public and on all documents intended for the general public are expressed in euros, including all taxes and excluding processing and shipping costs.
Unless otherwise indicated, the prices indicated on the website for professionals and on all documents for professionals are expressed in euros excluding tax and excluding processing and shipping costs.
Unless otherwise indicated, all orders are payable in Euros.
Any change in taxation (change in the applicable VAT rate, creation or modification of a tax or contribution, change in excise duties, etc.) will be automatically and without prior notice reflected in the transfer price of the products.
Unless previously agreed with the buyer, MADIVIN reserves the right to modify the prices at any time without notice.
Unless otherwise indicated or agreed with the buyer, in case of an order to a territory outside of France, the buyer will be responsible for customs and import duties as well as local or state taxes, both in terms of declarations and payments to the competent authorities or their representatives.
The products sold by MADIVIN, as well as their labeling, conform to the French legislation in force. MADIVIN’s responsibility cannot be engaged in the case of non-respect of the legislation of a third country where the product is delivered, notably concerning the elements of legal mention of labelling. It is the responsibility of the buyer to verify with local authorities the possibilities of importing or using the products ordered.
MADIVIN cannot be held responsible for any intolerance or allergy of the consumer, especially those linked to sulfites.
The delivery of the orders will be ensured on the whole of Metropolitan France as well as in the territories of the European Union. The usual delivery times are between 2 and 3 working days for Metropolitan France and 6 working days for transport in the European Union. The indicated delivery times can potentially be extended
The delivery of orders is done in packages adapted to the transport of bottles. Nevertheless, the customer will check the good condition of the package upon delivery and may not accept the delivery or issue a reservation if its condition is not in accordance with expectations. If the customer accepts without reservation the delivery of his parcel, it will be impossible to ask for a refund if however the contents of the parcel do not correspond to the expectations.
The customer will be solely responsible for a delay in delivery or a failure to deliver in the event of an error in the entry of his personal information when placing the order making it impossible to deliver the order.
In case of a purchase made by a buyer on the MADIVIN website, the buyer benefits from a fourteen (14) day retraction period starting from the delivery of his order. Within this period, the buyer must return the product to MADIVIN by any means at his convenience for exchange or reimbursement without penalty, with the exception of the return shipping costs which are at his expense. To exercise his right of withdrawal, the buyer must inform MADIVIN by email at firstname.lastname@example.org indicating elements that clearly identify the order concerned (date, buyer’s name, order number, etc.). In the case of an exchange of products, the reshipment will be at the buyer’s expense. The products must be returned in a condition that allows them to be marketed as new. In particular, their labeling is considered an integral part of the product and must not be damaged or stained.
Returns must be made to MADIVIN SAS at PEGUET LOGISTIC, 226 route de Pouilly, 69400 LIERGUES, France. Any damage suffered by the product during its return is the responsibility of the buyer and can defeat the right of withdrawal. It is therefore strongly advised to return the product in the packaging used by MADIVIN for its initial shipment if it has not been damaged by the user when opening the package. Upon receipt of the product, and if all the above conditions are met, MADIVIN will reimburse the buyer for the totality of the sums paid within 3 working days, using the same means of payment as the one used by the buyer for the initial transaction, unless the buyer expressly mentions that the means of payment used previously is obsolete.
In the event of a dispute following a purchase made on the website, the customer must first contact MADIVIN by email at email@example.com. In case of failure of the claim or in the absence of a response within one (1) month, the customer can submit the dispute with MADIVIN to the service of the e-commerce mediator. The parties are free not to submit the dispute to mediation.
The parties agree to make every effort to resolve any dispute between them amicably.
The GTC are subject to French law. In case of dispute and in the absence of an amicable solution, the commercial courts of Lyon will have jurisdiction.