General Terms and Conditions of Sale and Use
The company MON VIN NATURE offers for sale products and services related to wines.
The company MY WINE NATURE operates the Site from which it offers its Customers the possibility to place an Order on the Site to purchase wines selected by the company MY WINE NATURE, in a given quantity.
Access to and use of these Services are governed by these General Terms and Conditions, of which only the French version is authentic. Visitors, Subscribers and Customers have the option of saving and printing them.
In the context of these general conditions of sale and use, the following terms shall have the following meaning:
2.1.« Customer(s)": means all persons, aged 18 or over, who previously held an account on the site MY NATURE WINE, whether or not they placed an Order on the Site, for their personal needs or on behalf of a third party, under the terms and conditions of these general terms and conditions.
2.2 "Order": refers to the products in the shopping cart of the website MY NATURE WINE and according to the terms and conditions set forth in these terms and conditions.
2.3 "My Account": means the account created by the User on the MY WINE NATURE Site and accessible using his personal login and password.
2.4 "Personal Data": refers to personal data that directly or indirectly identify the user when creating his Personal Account (e.g. surname, first name, email address, postal address, user name, date of birth, etc.).
2.5 "Producer(s)": refers to the producers whose selected wines appear on the MY NATURE WINE website.
2.6 "Product": means the bottles of wine selected by the company MY WINE NATURE as well as the accessories marketed on the Site and acquired by the Customer by placing an Order on the Site.
2.7 "Site": means the website accessible at the URL address https://www.monvinnature.com.
2.8 "User(s)": any person browsing the Site www.monvinnature.com.
3. Purpose of the General Terms and Conditions
The purpose of these General Terms and Conditions is to define the terms and conditions under which the company MY WINE NATURE makes its Site available to Visitors, Subscribers and Customers and offers its Products and Services detailed below.
4. Acceptance of these General Terms and Conditions
These Terms and Conditions apply to any customer or user of the Site.
Access to and use of the Site entails the user's or client's adherence to these General Terms and Conditions. The fact of confirming the placing of an Order on the Site, by clicking on the "validate my order" button, after having ticked the box "I accept the General Terms and Conditions of Sale and Use", is tantamount to full and complete acceptance of these General Terms and Conditions. If you do not agree with the clauses set out below, you are advised not to use the Site and/or not to place an Order.
The applicable General Terms and Conditions are those in force on the day of the visit to the Site, and of the placing of an Order.
The present General Terms and Conditions may be subject to modification by the company MY NATURE WINE.
In this case, MON VIN NATURE will inform the Customers and the new General Terms will only apply to Orders placed after the modification, or within the framework of Monthly Subscriptions, as of the month following the modification.
If you do not agree with the amended Terms and Conditions, you are advised to refrain from continuing to use the services of the Site.
Failing this, the modifications made to the General Terms and Conditions shall be deemed to have been accepted.
5. Sales and Services to Individuals and Professionals
The company MON VIN NATURE reserves its Products for professional and/or non-professional consumers within the meaning of the French Consumer Code. Any Customer therefore undertakes to act in this capacity. The company MY NATURE WINE reserves the right to refuse or cancel any Sales Order placed by a Customer who does not fall under one of the above-mentioned categories.
6. Access and Use of the Site
6.1. The company MY WINE NATURE strives to keep the Site accessible without being under any obligation to do so. Access to the Site may be interrupted for maintenance, updating, or for any other technical reason.
6.2. Before placing any Order, the Visitor must create "my account" on the Site and fill in the information requested, in particular his Personal Data.
As soon as "my account" is created, the user receives an e-mail with a link to confirm his registration. Only one Account will be admitted per e-mail address.
6.3. The user who has become a customer guarantees the accuracy, sincerity and reliability of the information provided, in particular his Personal Data. The customer provides in particular a single valid and functional email address, which will be a means of communication between him and the company MY WINE NATURE, as well as a valid postal delivery address, his telephone number and his date of birth. It is therefore up to customers to modify at any time and as soon as possible any change of contact information via his Personal Account accessible on the Website in the section "my account".
6.4. The company MON VIN NATURE cannot be held responsible for the customer's lack of diligence in subscribing, modifying and updating his Personal Data, and for any erroneous contact information, with their consequences on the delivery of the Sales Order.
6.5. The company MY NATURE WINE may verify at any time the conformity of the information provided by the Customer and, if necessary, if this information appears to be erroneous and/or misleading, the company MY NATURE WINE may request that additional or corrected information be provided. In case of erroneous or misleading information, MY NATURE WINE reserves the right to suspend and terminate any contractual relationship with the Customer and to suspend access to "my account".
6.6. The Customer has access to "my account" thanks to an identifier and a password that he creates himself at the time of the creation of "my account". The customer is solely responsible for the use of his identification elements, he is obliged to keep them secret. In case of loss of his password, he can create another one by clicking on "forgotten password".
6.7. The company MY WINE NATURE cannot be held responsible for the loss or theft of these identification elements. The elements may be subject to change only on the initiative of the customer. The company MY WINE NATURE is not responsible for the disclosure of these elements to third parties, or the consequences of disclosure.
7. Wine orders
The company MON VIN NATURE offers Customers the possibility to place an Order through the Site and acquire the selected wines, within the limits of available stocks and in compliance with these General Terms and Conditions.
The photos as well as the appreciations on the products are given only as an indication and have no contractual value. A difference in colour or presentation of the bottles may result in particular from the quality of the photos or their date.
All Orders shall only be taken into account once full payment has been received from the Customer. All Orders will give rise to an Order confirmation sent by the company MY NATURE WINE to the e-mail address that the Customer communicated when registering on the Site.
When placing an Order, it is the Customer's responsibility to check that the information relating to the Order is in accordance with his choices (Personal Data, delivery method, possible options, place of delivery and/or invoicing of the products, etc.).
The company MON VIN NATURE reserves the right to refuse any Sales Order that does not conform to the Sales Order or that is dubious, as well as any Sales Order coming from a Customer who has not fully paid for a previous Sales Order or with whom there is a pending litigation.
Furthermore, MY NATURE WINE expressly reserves the right to examine each Order on a case-by-case basis and to accept or refuse any Order for which delivery must take place outside the EEC, particularly with regard to the specific rules and conditions applicable in the country concerned, which the Customer expressly acknowledges and accepts.
In the event that the Sales Order is refused in this context, MY NATURE WINE will inform the Customer as soon as possible and will reimburse the amount paid.
8. Availability of Products
The offers of the Products are valid as long as they are visible on the Site within the limit of available stocks. Products that are out of stock may be marked "Out of stock".
In the event that one or more Products ordered are definitively unavailable, MY NATURE WINE undertakes to inform the Customer as soon as possible.
In the case of a temporary break, the buyer will be offered to wait until the resupply date that will be specified.
The Customer may then, at his choice, ask :
- The replacement of the unavailable product(s) by one or more products of equivalent quality and price,
- Obtaining a credit note from the company MY NATURE WINE corresponding to the amount of the order,
- The refund of the amount debited to his account, this refund occurring within thirty (30) days of receipt of the request for refund.
The prices indicated are in Euro including all taxes. If a price should appear in another currency, this amount would have a purely indicative value. Transport prices are those indicated at the time of the Order.
The prices of the Products ordered through the Site are those indicated on the sheet for each Product. These prices include all taxes and exclude shipping costs (shipping costs are indicated separately and added to the amount of the order). The total price of the Order is that indicated when the Customer validates the Order, before the "second click" of confirmation, in accordance with the regulations in force.
10. Payment Methods and Security
For all Orders placed, payment shall be made in full at the time of the Order, by credit card. Once the Order has been validated and the price debited, an invoice is created by the company MON VIN NATURE and is available on "my account".
In all cases where the Customer has not paid the invoice by the due date, a fixed indemnity of 40 euros will be due for collection costs. If the collection costs are higher than this indemnity (in particular in the event of numerous letters being sent), an additional indemnity shall be due by the Customer.
In order to optimise the security of transactions, any payment made by credit card on the website MY NATURE WINE is made via the online payment system of Crédit Agricole so that the information communicated is protected during transmission.
11. Shipping and Delivery
Please refer to the "Delivery and payment" mentions available on the website MY NATURE WINE or by clicking on Delivery and payment.
12. Personal Data
13. Intellectual Property
13.1. The trademark "MY NATURE WINE" is registered with the French National Institute of Intellectual Property (INPI) under number 4649325 and with the European Union Office for Intellectual Property (EUIPO). No use of the trademarks and/or the logo "MY WINE NATURE" can be made without the prior written agreement of the company MY WINE NATURE.
13.2. All content, in whole or in part, that appears or is available on the Site (including but not limited to: data, information, texts, illustrations, logos, trademarks, computer graphics, photographs, videos, software and computer programs, databases, etc.), and more generally all or part of the Site itself, are protected under copyright and other intellectual property rights for France and the world. Users and/or clients are also prohibited from copying, modifying, altering, translating, reproducing, disseminating, selling, publishing, exploiting or distributing in any way and in any form or medium whatsoever the said elements.
13.3. Access to the tasting videos put online on the Site is exclusively reserved for Customers and/or users, for viewing on a private and non-commercial basis. No use of these videos may be made without the prior written consent of the company MY NATURE WINE (firstname.lastname@example.org).
13.4. Failure to comply with any of the provisions of this Article 14 exposes its author (Users and / or Customers) to prosecution and incurs the criminal and civil liability of its author, including on the basis of trademark and copyright infringement.
14. Liability and Force Majeure
The company MY NATURE WINE guarantees the Customer the proper execution until payment of the order placed by the Customer.
However, the company MON VIN NATURE cannot be held responsible:
- In case of non-compliance by the Customer with the terms of these conditions;
- For any indirect and/or immaterial damage, notably bodily injury suffered as a result of the Sales Order, the use of the Products or any loss of reputation that may occur during the use of all or part of the Products.
The company MON VIN NATURE cannot be held responsible for any malfunction of any nature whatsoever relating to the user's and/or customer's computer equipment and their Internet access connection, when accessing the Site.
Furthermore, the user is solely responsible for the consequences of any damage suffered as a result of the use by a third party of his identifiers and password to access his Personal Account, his e-mail address or his confidential code(s), and for the communication of any information that he has made accessible.
Within this context, the client guarantees MY NATURE WINE against any action, recourse or claim in connection with all of the aforementioned elements, notably but not exclusively those related to the use of the Products.
The company MON VIN NATURE cannot be held responsible for the non-performance of the contract in case of occurrence of an event of force majeure, as defined by Article 1240 of the Civil Code.
15. Applicable law - Settlement of disputes
15.1. These General Terms and Conditions are subject to French law.
15.2 In the event of a dispute that may arise in connection with these General Terms and Conditions, their interpretation and consequences or with acts supplementing or modifying them, the parties shall always endeavour to find an amicable solution before bringing the matter before the courts.
Mail: MON VIN NATURE, Customer Service, 16 rue de Pologne 68170 Rixheim, France.
E-Mail (guaranteed response within 48 hours maximum) via email@example.com
15.3. If the customer service of the company MY NATURE WINE does not give him/her complete satisfaction, the Customer will have the option of submitting his/her claim on the online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union and accessible at the following URL address: https://webgate.ec.europa.eu/odr/.
15.4. In the absence of an amicable resolution, the Customer and/or MY WINE NATURE may bring his claim before the competent French courts.
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