Terms & Conditions of Sale

Terms of Sale (CGV)

Terms and Conditions jurisdiction and definitions

These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current website.

The below listed words define :

'Site', 'service' or 'website' : the website http://www.wineandflavors.com and all its pages.
'Publisher' : the legal or natural person responsible for editing and publishing content on the site.
'User' : the person visiting and using the site.
'Products' : all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the site.
'Customer ': the user buying a product or service on the site.

Mentions imposed by French trust law in the digital economy and site purpose

The website http://www.wineandflavors.com is published by Wine & Flavors SARL.

Legal mentions concerning the website host and publisher can be found in the website Legal Notices ; web site policy regarding the gathering and use of its users data can be found in the website Privacy Policy.

The purpose of the site is the following : "online sales".

The site is free to access by any Internet user. The acquisition of a product, creation of an account on the site, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter. For instance the collection of this acceptance can be materialized as a checkbox next to the sentence: "I have read and agree to the Terms & Conditions of Sale". Ticking this box will be considered to have the same value as a handwritten signature from the user. The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.

The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. Any user and / or purchaser hereby declare to be of age ( 21 years + ) . If the user and/or purchaser is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian at the time of the order.

Characteristics of products and services offered

The goods and services offered are those listed in the catalog published on the site. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier. The product images and information texts available reflect the product as much as possible but the publisher cannot guarantee that all pictures accurately reflect the true appearance of the products.

The site customer service is available by e-mail at the following address: info@wineandflavors.com or through mail at this address 22 rue de la Croix de Seguey, 33000 Bordeaux France in case of which the publisher agrees to provide a response within 7 days.

Prices

The prices listed in the catalog are prices shown in Euros or in Dollars including taxes (TTC), and based on the applicable VAT on the day of the order.

Wine & Flavors reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.

Member account

The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password or using third-party social network login buttons. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can ask for a generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the site will not be held liable for unauthorized access to a user account.

Creating an account is a prerequisite to any order or member contribution on this site. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information.

Data collection purpose is the creation of a member account ; this account allows the customer to check all orders made on the site with the account. The site publisher can not be held responsible if the data contained in the account were to disappear as a result of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.

The publisher reserves the exclusive right to delete the account of any member who may have breached these Terms and Conditions, including but not limited tothe following cases :
- the member has knowingly provided false information during his or her registration and the creation of an account
- the member has been inactive on the site for at least a year.

Said deletion cannot be considered harmful to the excluded member, who can not claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.

Publisher waiver of responsibility

Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation. The unavailability of the site, even extended without any time and concerning one or several products, can not be considered harmful to users and can not result in the award of damages from the publisher. The photographs and visual products presented on the site have no contractual value, the responsibility of the publisher of this site can not be engaged if product specifics are different from their displays on the site, or if they are incorrect or incomplete.

The hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current website can not be engaged if the content of these sites contravenes the laws. The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites.

Geographical restriction of use

The use of this website and that of its services is limited to the following area : Europe , the United States of South and North America , Canada, Asia, Australia, Africa

Intellectual property rights relating to information published on this site

Unless otherwise stated, the publisher or its licensors own the intellectual property rights in the website and material on the website. Copying the any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.

This site uses elements (images, photographs, content) whose credits go to: Wine & Flavors.

Brands

Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.

Limitation of Liability

The publisher, especially in the online sales process, is bound by an obligation of means; he can not be held liable for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.

The publisher can not be held liable for breach of contract due to a force majeure event, including but not limited to total or partial strike of postal services, carriers, or disasters caused by floods or fires. Regarding purchased products, Wine & Flavors shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise. The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if client is not a professional and withdrawal right is applicable to the contract, according to the article L 121-21-8 of the French Code de la consommation). In case of non delivery of an order or part of an order, the customer has up to 60 days (starting at the departure from the warehouse) to come forward. No claim will be accepted beyond this time period.

The seminars are olfactory educations whose goal is to structure and develop the aromatic world of everyone, and particularly on the subject of wine aromas. During the seminars, work is carried out on isolated flavorings, aromatic referents such as essential oils, resinoids, absolute oils, and aromatic molecules identified in wine. The seminars allow working with aromatic 250 references necessary for the presentation of a complete synoptic panel of wine aromas. Wine & Flavors can not be held responsible in case of development of allergies by a participant, during or after a seminar of olfaction, except that the participant is alerted, in writing at least 30 days before the date of completion of the seminar, Wine & Flavors by registered mail with acknowledgment of receipt (Wine & Flavors - 22 rue de la Croix de Seguey - 33000 Bordeaux - France) or electronically (info@wineandflavors.com), on potential risks of allergies for that person. Without this prior warning of a potential allergy risks, the user may not claim injury and can not claim any compensation. The smell of fragrances, even for a prolonged period and without limitation, of one or more olfactory products, can not be constitutive of injury for participants and can not give rise to the payment of damages from Wine & Flavors and from its editor. Accept the Terms and Conditions of Sales Site includes the acceptance of this clause.

The user expressly agrees to use the site at his own risk and under his sole responsibility. The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may existe. In any event the publisher will no be liable for :
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
- the advertisements content and other links or external sources the user may access through the site.

Accessibility

The publisher cannot be liable for any technical hinderance of the connection to the website, including but not limited to hinderance due to a force majeure event, a maintenance, an update, changes being made on the site, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user computer.

Account deletion

Members are free to delete his or her account on the site. In order to do so, the member can send a e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.

Miscellaneous

These Terms and Conditions are subject to the application of French law. They may be modified at any time by the published or one of its representative. The Terms and Conditions applicable to the user are those in effect on the date of the order or of the connection to the site. The publisher obviously agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests.

Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the competence of the French jurisdiction, and specifically, of jurisdiction of the Court of Appeal that has been referred to.

Use of cookies

Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site pages through a data file saved on their computer or device. Cookies are typically used on the site to 1) gather user navigation data to provide analytics and optimize user experience and 2) allow the user to log in to and access password-protected pages, including but not limited to his or her account pages.

The user acknowledges he or she has been informed of thie use of cookies on the website, and authorizes the website and its publisher to use it. Wine & Flavors agrees to never disclose the content of these cookies to third parties, except except in the course of legal proceedings. The user can refuse the use of cookies or configure his or her browser to be notified prior to their use. To do this, the user can proceed as follows :

- For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari : https://support.apple.com/fr-fr/ht1677
- For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html

Order-placing and purchasing processes

The "Shopping Cart" will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them. As soon as the user deems to have selected and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.

If the user wishes to confirm the order, he is redirected to a page where he will fill in the order form. In this case, he will provide certain of his personal data necessary to the success of the order. He must tick the dedicated checkbox to show acceptance of these Terms and Conditions of Sale and press the submit button. Once the user has completed and submitted the form, he will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers, or will access the required information to send a bank check. An e-mail will shortly be sent to the user, confirming the content of the order and its price.

Payment Information

The user can place order on this site and pay by Bank card. The credit card payments are made through secure transactions provided by an online payment platform provider.

This site has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by bank check or transfer, delivery time periods defined in these Terms and Conditions shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Product stock availability is listed on the site, in the description of each item.

Archiving

The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy in accordance with the provisions of Article 1348 of the French Code civil. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.

Terms and Conditions framework

If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.

A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Use, shall be in the French language.

Notice

Any notice concerning the Terms and Conditions, Legal Notices or Privacy Policy must be made in writing and delivered by hand, by registered or certified mail, by post or any other well-known courier service at national level that allows regular review of its prices and conditions, or by e-mail, using the addresses mentioned in the Legal Notices of this website, stating your full name, contact details and subject of the notice .

Claims

Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.

Inaccuracies

It is possible that there are, on the whole website and the services offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the Terms and Conditions, Legal Notices or Privacy Policy. In addition, it is possible that unauthorized modifications happen to be made by third parties on this site or related services (social networks ...). We make every effort to ensure that such discrepancies be corrected.

In case we miss one, please contact us using the addresses mentioned in the Legal Notices of this website, to give, if possible, a description of the error and location (URL), as well as sufficient information for us to be able to contact you. For requests involving copyright, please refer to the section of this document related to intellectual property.

Conditions of withdrawal

In case of withdrawal of the product (seminar) and if the right of withdrawal is applicable (that is to say, if the past contract allows the withdrawal according to Article L. 121-21-8 of the Consumer Code ) the Customer must complete a withdrawal form that he will find below and send it to Wine & Flavors, 22 rue de la Croix de Seguey , 33000 Bordeaux - France, registered mail with acknowledgment of receipt , or by email at : info@wineandflavors.com
Wine & Flavors grants a period of fifteen days, from the date of the order of the product to its customers to receive a request of withdrawal. If this withdrawal application is received by Wine & Flavors within this period of 14 days following the date of the order, Wine & Flavors reimburses 50% of the amount paid by the customer to purchase the product , on the basis that all financial expenses of this reimbursement shall be covered by the Customer. After a period of 15 days from the order date of the product without receiving a request of withdrawal, Wine & Flavors will not refund any money to the customer.

In case of exchange of the product, the Customer must alert Wine & Flavors within 15 days from the order date of the product, by e -mail at the following address : info@wineandflavors.com , to find out his options (availability, etc.). Whatever the nature of exchange (the participant's name, the level of seminar, the number of levels ordered, date or place of seminar, etc.), these exchanges are valid only within the same calendar year and according to the agenda of seminars offered by Wine & Flavors .

Model withdrawal form

This model can be used by any customer, within the limits and conditions stated in the present Terms and Conditions of Sale, to ask for a withdrawal from any contract with Wine & Flavors concluded when placing an order on the website.

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To: Wine & Flavors SARL, 22 rue de la Croix de Seguey 33000 Bordeaux France

I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service*

Ordered on*/received on*

Name of consumer

Address of consumer(s)

Signature of consumer(s) (only if this form is notified in writing)

Date

*Delete as appropriate.

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