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General conditions of online sales
These general conditions of sale govern the relationship between the customer and VINALOIRE via the VINALOIRE Website.
As indicated when placing an order, by confirming his order, the customer marks his formal agreement with the following general conditions of sale. Placing an order entails acceptance of these general conditions by the customer.
The customer declares to have read and accepted these General Conditions of Sale before placing his order.
The validation of the order therefore constitutes a contract between VINALOIRE and the customer and acceptance by the latter of these General Conditions of Sale.
VINALOIRE reserves the right to adapt or modify its general conditions of sale at any time. In the event of modification, the general conditions of sale in force on the day of the order will be applied to each order.
Also, the customer is invited to regularly consult the general conditions of sale in order to keep informed of the most recent developments.
In these general conditions of sale, the following words and expressions will have the following meanings
The term "Customer" refers to any customer who orders products on the Website www.vinaloire.com
The term "VINALOIRE" refers to the company Groupe Sirac SA, whose registered office is located at 1050 Brussels, Place du Champ de Mars 5, registered with the Banque Carrefour des entreprises under number 0897.675 .711.
· The term "Products" refers to the products offered and supplied by Vinaloire to the Customer;
The term "Website" refers to the website www.vinaloire.com
1. Order and acceptance
1.1 These general conditions of sale apply to all orders for Products placed by a Customer on the VINALOIRE Website.
1.2 The order can only be registered on the Website if the Customer has clearly identified himself.
1.3 Any order implies acceptance of the prices and description of the Products available for sale.
1.4 VINALOIRE undertakes to honor orders received on the Website only within the limits of available product stocks. If the Product is not available, VINALOIRE undertakes to inform the Customer. VINALOIRE may offer the Customer a substitute product of equivalent quality and price. The Customer will have the choice of accepting the proposed substitution or renouncing the Product.
1.5 Acceptance of Product orders placed by a Customer is at the sole discretion of VINALOIRE. The order and the conclusion of any contract may be refused by VINALOIRE if there is any doubt concerning the accuracy or authenticity of the order.
2. Price and payment
2.1 Unless otherwise provided in writing, the prices indicated by VINALOIRE on the Website are in euros, all taxes included. They take into account the VAT and excise duties applicable on the day of the order. Any change in the rate of VAT or excise duty may be passed on to the prices of the Products. Similarly, if one or more taxes or contributions were to be created or modified, up or down, this change may be passed on to the selling price of the Products.
2.2 Prices cannot be changed once the Customer's order has been placed. The prices of the Products ordered on the Website and the date of the order in question are binding.
2.3 Orders can only be finalized by payment made by the Customer by means of a transfer, credit card or Paypal via the secure platform of the Website.
3.1 Delivery of the order will take place at the destination address in Belgium indicated by the Customer when placing the order.
The Customer undertakes to have an easily accessible space for the deliverer of the order so that the latter can deposit the order thus delivered immediately and without waiting. Failing this, the deliverer may refuse to honor the delivery of the Products, and a new delivery must be planned, at the Customer's expense.
3.2 Delivery costs amount to 7 EUR including tax for home deliveries in Belgium, 12 EUR including tax for Express home deliveries in Belgium. No delivery costs will be charged to the Customer for any order greater than 3 cases of wine (18 bottles) in Belgium.
3.4 Delivery times are 2 to 3 working days for home delivery in Belgium and 24 hours (excluding Sundays and public holidays) for Express home delivery in Belgium.
3.5 All orders must be placed no later than 12 p.m. the day before delivery.
3.6 VINALOIRE will make all arrangements vis-à-vis the Customer to provide him with the Products ordered within the time slot agreed at the time of confirmation of the order, in principle between 7 a.m. and 7 p.m. The Customer agrees to accept delivery of the Products according to the agreed time and place of delivery.
3.7 No liability of any kind whatsoever can be held against VINALOIRE in the event of late delivery in relation to the time announced.
4. Receipt of the order
4.1 Beyond the day after the day of receipt of the order by the Customer, no complaint, both with regard to possible material errors of price or quantity as well as the condition of the goods, will be accepted._cc781905-5cde- 3194-bb3b-136bad5cf58d_
The Customer then waives all recourse and all claims, for any reason whatsoever, in relation to the order received.
5. Equipment made available to the Client
If, for one reason or another, equipment should be delivered with the order (eg glasses, etc.), this equipment must be returned in the state in which it was delivered according to the agreed terms. In the event of disappearance or damage to the equipment delivered, this will be invoiced to the Customer at cost price.
6. Promotional offers
6.1 The Products may be the subject of promotional offers. Any special promotional offer will be subject to these terms and conditions of sale, which will prevail in the event of any inconsistency between the terms of the special offer and these conditions.
6.2 VINALOIRE reserves the right to modify the terms of special offers or withdraw them at any time. Any order placed before the offer is withdrawn or modified will be honored under the conditions in force on the date of the order.
7.1 VINALOIRE has, for all stages of order taking as well as for the delivery of Products, an obligation of means.
7.2 In all cases, VINALOIRE cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract, or to a case of force majeure.
7.3 Similarly, VINALOIRE cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
VINALOIRE strives to secure the Website by using all reasonable means. VINALOIRE assumes no responsibility for any direct or indirect damage that may be caused to the computer installation as a result of the use of the Website. VINALOIRE declines all responsibility in the event of interruption, even temporary, of the service of the Website.
VINALOIRE cannot be held responsible for an interruption, even temporary, of the service on the Website.
7.4 VINALOIRE presents the Products offered on its Website in such a way that the Customer is aware of the essential characteristics before placing an order.
7.5 VINALOIRE cannot be held responsible for incorrect information relating to the Product that has been ordered.
8. Confidentiality - Personal data - Intellectual property
8.1 VINALOIRE refers, for this chapter, to the legal notices contained on its Website, of which the Customer declares to have read and accept the terms.
8.3 All elements of the Website, whether visual or audio, are protected by copyright, trademarks or patents. The Customer acknowledges that all intellectual property rights to the Products are the exclusive property of VINALOIRE.
The rights of use, reproduction and intellectual rights in relation to the Website are the exclusive property of VINALOIRE or one of its subsidiaries or a third party. No license or right other than that of consulting the Website is granted to anyone with regard to intellectual property rights. They may only be reproduced or communicated to the public after express and prior written authorization from VINALOIRE or the subsidiary concerned or the third party concerned.
9. Applicable law and jurisdiction
This contract is subject exclusively to Belgian law. Any dispute between the parties will be the exclusive jurisdiction of the courts of Brussels.
Last update: 2/09/2019
Terms and Conditions (offline)
The clauses below govern all sales or deliveries of our articles on behalf of VINALOIRE and DOMAINE DE LA BOUGRIE, its French subsidiary. A sale is deemed valid upon issuance of a confirmation of your order.
Article 2 - Offers
Our offers are always non-binding, except sale. Our prices and our stocks may be subject to change. In this case, only the price in force on the day of delivery will be invoiced. The orders collected by our representatives or resellers, as well as the agreements taken by them, only bind us after ratification by the management of VINALOIRE.
Article 3 - Orders
Orders are taken exclusively by email from Vinaloire. However, an order made by telephone or verbally is made under the sole responsibility of the buyer, in this case Vinaloire will not bear any responsibility in the event of delivery not conforming to the order.
Article 4 - Payment
Payment of our invoices will be made in cash, without direct debit or discount, to the account shown on our invoices. Concerning professionals with an authenticated account at Vinaloire, they are subject to the law of November 22, 2013 legislating payment deadlines.
Article 5 - Default of payment
Non-payment of an invoice when due gives us the right to terminate or suspend any contract not yet executed. Termination will operate automatically and without the need for formal notice. The costs, interest and all other damages resulting from this termination or suspension will be borne by the buyer. In addition, in the event of non-payment within the same period, the unpaid amount is, automatically and without the need for formal notice, increased by late payment interest of 1.5% per month. . Finally, non-payment within the same period automatically entails and without the need for formal notice the automatic debiting of a fixed indemnity of an amount equal to 20% of the unpaid amount, with a minimum of 15 euros per invoice, as damages.
Article 6 – Delivery & Customs clearance
Delivery only on Belgian and French territories. Delivery times are given for information only. In the event of a delay in delivery, the buyer cannot claim damages or compensation for any reason whatsoever.
All the wines imported by VINALOIRE have been cleared through customs before being released for consumption on Belgian territory.Article 7 - Risks
Circumstances such as strike, explosion, fire, frost, flood, lack of means of transport, instructions from any public authority, revolution, war, mobilization, state of siege, blockage, bad harvest, various disturbances, lack of personnel, non-observance of delivery times by our suppliers, defective supply by the latter, defective packaging, whether these circumstances arise with us or with our suppliers, are to be considered as constituting cases of force majeure when they have the effect of delaying, make delivery more difficult or impossible. Such circumstances give us the right to terminate the concluded contract without having to pay damages. Finally, the seller will not have to establish either the unpredictability and the irresistibility of the circumstance invoked, or the impossibility of performance of the contract.
Section 8 - Transportation
The goods always travel from our depot at the exclusive risk and peril of the buyer, even if the transport is made free. The recipient is asked to check the contents of each package on arrival before taking possession of it. In the event of missing items or damage, the recipient is required to lodge an appeal with the carrier before receipt of the goods.
Article 9 - Complaints
Any complaint for delivery of defective goods must be introduced to our company, by registered letter by post, within eight days of the provision of the goods.
In the event of defective supply formally recognized by us, compensation for the damage will be strictly limited to the pure and simple replacement, as soon as possible, of the rejected goods, provided that similar goods are in stock.
Article 10 - Disputes
All disputes that may oppose us to the buyer, for whatever reason, will in principle be submitted to the competent courts on which VINALOIRE/ Groupe Sirac SA depends territorially, VINALOIRE/ Groupe-Sirac SA reserving the possibility of asserting its rights with of the competent courts of the domicile of his debtor client.
Article 11 - Retention of title
The goods sold remain the property of VINALOIRE / Groupe Sirac SA until full payment of the price by the purchaser. In this respect, do not constitute payments within the meaning of this article, the remittance of drafts or any other securities creating an obligation to pay. In the event of seizure or any other intervention by a third party on the goods sold, the purchaser is required to immediately notify VINALOIRE by registered letter. The purchaser may not resell the goods acquired to a third party before full payment of the price, without the authorization of VINALOIRE. If the latter authorizes the resale to a third party, the purchaser undertakes to irrevocably assign to VINALOIRE all his claims on the third party arising from this sale. The purchaser who is not the owner of the building in which the goods sold are to be stored or whose goodwill is pledged, immediately informs VINALOIRE and undertakes from now on to obtain, before delivery of the goods sold, the written acknowledgment of the preceding ownership clause by the owner of the building or the pledgee.
Article 12 – GDPR General Data Protection Regulation
In accordance with European legislation (Regulation n°2016/679) dated April 27, 2016, you have the right to access, rectify or delete your personal data by sending us an email either at info@vinaloire. com either via the VINALOIRE.com website or by post to VINALOIRE / Groupe Sirac SA, rue des Bataves 43 B-1040 Brussels.
In order to meet customer needs and ensure optimal remote service, VINALOIRE is required to record certain personal data (surname, first name, address). All this information is exclusively intended for VINALOIRE or DOMAINE LA BOUGRIE, its French subsidiary. Credit card data is not visible and remains
recorded in the VINALOIRE databases. All the structures depending on VINALOIRE do not sell or rent the e-mail addresses and personal information of its customers.