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General Terms of Sale

General Terms and Conditions of Sale

These General Terms & Conditions of Sale (“T&C”) apply to the Site and more particularly to Clients using the Platform. Their purpose is to define purchasing procedures and use of Credits.

All definitions, procedures and conditions of access to using the Site and Services given in the General User Conditions (“GUC”) apply together with the present T&C.

Definitions

Credit: payment unit usable only on the Site and purchased by Clients.

Credit Pack: way of acquiring Credits by Clients.

Platform: means the marketplace allowing wine trade networking.

Client: means the Seller who buys Credits for using the Platform.

Article 1: Subject

PLEINCHAMP SAS offers a Platform on its Site allowing signed up Members to publish tenders or bids, depending on their activity, and to contact each other. Access to this Platform is reserved for Members of the Site.

Using this service is free for Buyers and fee-paying for Sellers.

Therefore, PLEINCHAMP SAS suggests its Clients purchase Credits for using this Platform's functions.

Article 2: Client subscription to the Platform

The Client signs up to the Platform according to procedures described and defined in article 5.1 of the T&C. The Client must subscribe to the Platform except for Winemakers, who can choose to subscribe to the directory only.

Article 3: Price

The Client can post tenders. Each tender is valid for two (2) months from its publication date.

The price for posting a tender is thirty-six (36) euros excl. VAT or three Credits.

The Client can reply to bids by clicking on “Reply to bid” once within the detail of the offer concerned.

The price for replying to a bid is twelve (12) euros excl. VAT or one Credit.

The Client can access other functions on the Platform free of charge.

To use all the Platform's functions, the Client must have a Credit creditor account; if not, they should credit their account by purchasing Credit Packs.

When they sign up to the Platform, the Client can choose between 3 packs to buy:

-          Credit Pack with six Credits for fifty-four (54) euros excl. VAT (or each Credit for twelve euros per unit excl. VAT)

-          Credit Pack with fourteen Credits for one hundred and eight (108) euros excl. VAT (or each Credit for ten euros per unit excl. VAT)

-          Credit Pack with thirty Credits for two hundred and sixteen (216) euros excl. VAT (or each Credit for eight euros per unit excl. VAT)

Once subscribed, the Client can buy a new Credit Pack at any time by going to their account.

Credit Packs are valid for one (1) year from publication date. Beyond this period, they will be permanently lost.

Purchased credits are in no way reimbursable by PLEINCHAMP SAS.

When all credits are no longer valid, or when the Client has used them all up, the Client can continue  consulting the Platform and their account but can no longer post tenders or reply to bids.

The Client must spend:

-          3 Credits for posting a visible tender for two months

-          1 Credit for replying to a bid[1] 

The Client can close their offer before the two (2) month period by going to “my outstanding tenders”, by selecting the relevant offer and clicking on the “close offer” button to close and archive it.

By closing an offer before it runs out, the Client permanently loses all Credits spent for posting the offer and cannot in any circumstances be reimbursed for whatever reason.

If the Client wants to renew their offer, they should go to their archived offers and spend new Credits to republish it.

Article 4: Invoicing and payment procedures

Payments are made by bank card and processed by the Crédit Agricole Group's E-transaction security system, which uses 3D-Secure protocols in such a way that any information transmitted is encrypted by special software and no third party is able to tap into it while travelling across the network.

Prices and invoicing procedures are shown in the subscription form on the Platform.

These features produce one simple invoice from PLEINCHAMP SAS each time you buy a Credit Pack.

Invoices are sent immediately after payment as a PDF file to the Email address provided by the Client when they signed up. However, if the Client asks specifically, PLEINCHAMP SAS can post a paper  invoice free of charge to the address indicated by them when they signed up to the Platform.

The Client should do this via the contact form accessible at the bottom by clicking on “Contact us” and select “Other miscellaneous”.

Credits purchased or awarded by PLEINCHAMP are not reimbursable except in special cases as specified in these T&C.

Article 5: Responsibility and guaranties

PLEINCHAMP SAS' civil responsibility won't be binding to the Site's title unless a tender complying with the rules isn't published or a reply to a bid isn't sent and Credits have been used; or if the member cannot access the Platform due to a serious or intentional error by PLEINCHAMP SAS.

If PLEINCHAMP SAS was found responsible in this instance, PLEINCHAMP SAS would only be held to correct any direct prejudice and up to the maximum amount relating to the forfeit total of Credits used in this operation plus the balance of Credits left in the account.

You explicitly recognise that PLEINCHAMP SAS cannot guarantee the outcome of any tender and replies to any bid. Consequently, PLEINCHAMP SAS cannot be held responsible and will not  reimburse any credits if the outcome isn't favourable to the Client. Any credit used on the Platform will be permanently used up by the Client except if PLEINCHAMP SAS' civil responsibility is binding.

Article 6: Claims and right to withdraw

Any claim or invoice dispute should be addressed, by recorded letter requiring a signature, to PLEINCHAMP SAS' Customer Services within 30 days of the disputed invoice date at the latest. Beyond this date, the invoice is considered as definitively accepted by the Client in its entirety.

Clients work in a sector of the wine industry and purchasing a Credit Pack from this Platform is directly linked to their business activity. Hence the Client isn't a consumer and cannot exercise the right to withdraw in article L 121-20 of the Consumer Code.

Article 7: closing accounts/ Site closure

7.1 Closing accounts

The Client can close their account at any time, without penalty, by clicking on the “unsubscribe” link under “My account”.

The Client will receive notice by E-mail of their account being closed within 7 working days of their request being received.

If the Client closes their account, when there is Credit remaining when the confirmation email is sent, these Credits will be permanently lost and not reimbursed. Closing their account means cancellation on the Client's part.

PLEINCHAMP reserves the right to close inactive Client accounts. Any client is considered inactive if they haven't posted or replied to an offer within the last 12 months.

7.2 Site closure

If the Site closes, PLEINCHAMP will advise Clients 3 months before the final closure date by posting a message on the Site or by email.

Clients who have spent or bought credits during 12 months prior to the final closing date will be able to request an exceptional reimbursement of their credit stock. Clients not fitting these criteria will be considered as inactive and cannot be reimbursed in any circumstances.

This request for reimbursement can only be done once, within 6 months following the announcement that the Site  will be closing permanently, and only for Credits still valid on the date of sending the request.

To request this exceptional reimbursement, the Client concerned should send a recorded letter requiring signature to the Site's Customer Services. If the reimbursement request is valid, the Client will receive reimbursement of their credit stock by cheque within 15 days of us receiving their request.

Article 8: Changes in financial and contractual conditions.

PLEINCHAMP SAS can decide to change conditions of contract applicable to the Site at any time, as long as they inform the Member in advance by posting a message on the Site or by E-mail at least thirty (30) days before any new conditions of contract come into force.

If Members refuse to accept any new contractual conditions, they will be able to close their account according to the procedures in article 7.1 of these T&C.

The Client will be informed when their account is closed by email within 7 working days after receiving notice of cancellation.

If the Member does not terminate their account within the thirty (30) day period mentioned  previously, this means they have entirely accepted the new General Conditions. They will thus replace the previously applicable contractual conditions on the Site.

Article 9: Cancellation

9.1 Cancellation initiated by PLEINCHAMP SAS

PLEINCHAMP SAS reserves the right to unilaterally terminate its contractual relationship with the Client in the case of serious and/or repeated breach of one of the obligations mentioned in the T&Cs.

PLEINCHAMP SAS also reserves the right to unilaterally terminate its contractual relationship if the Client does not fit the criteria defined and detailed in Winealley's Seller T&C (Appendix 1). In this instance, it's up to the Client to cancel their account by closing it according to the procedures described in article 7.

PLEINCHAMP SAS will inform the Client when their account is cancelled by email to the address provided when they subscribed.

PLEINCHAMP SAS has the full right to cancel, without prejudice of any damages and interest that PLEINCHAMP SAS might solicit.

9.2 Consequences linked to cancellation

The contractual relationship between the Client and PLEINCHAMP SAS will terminate and cancellation will be carried out with full rights and immediately from us receiving notice to do so.

If the Client's credit account is in credit on the date of cancellation coming into affect, all credits will be permanently lost and the Client cannot request reimbursement.

Article 10: Electronic evidence

In the absence of contradictory evidence, any computer data held by PLEINCHAMP SAS will act as evidence of orders, payments and use of Credits by the Client.

The computer data and invoices are backed up on a reliable long-lasting server and can be produced as legal evidence.

Article 11: Customer Service

To contact PLEINCHAMP SAS' customer services by post, Clients should write to the following address:

 

Service Client PLEINCHAMP

12 Place des Etats-Unis

92127 MONTROUGE CEDEX

 

 [1]Complement what gives the number of credits concerned and otherwise enables them to spend credits.