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General Terms of Use

General Terms & Conditions of Use 

Legal Information

These General Terms & Conditions (“T&C”) aim to define the functioning and conditions of accessing and using the internet sites www.winealley.com and www.winealley.fr (“the Site”) and services offered by PLEINCHAMP SAS on the Site.

The Site is published by PLEINCHAMP, SAS with capital of 3.290.100 euros, registered at the Nanterre RCS number 432 556 900 with its headquarters at 50 avenue Jean Jaurès, 92120 Montrouge Cedex.

Telephone: +33 (0)1.43.23.53.24

 

The Publishing Director is Bernard LABIT, as a director of PLEINCHAMP SAS.

The site's webmaster is contactable via the contact form.

 

The site is hosted by PROGICA, a SAS with capital of 9.418.800,00 EURO, registered at the Nanterre RCS number B 401 440 268 with its headquarters at 12, place des Etats-Unis 92127 Montrouge CEDEX - France.

Telephone : +33 (0)1 57 72 74 10

 

The Site is designed by FULLSIX.

 

The Site is run by SMILE.

 

Editorial content is provided by Vitisphere.com on a non-exclusive basis.

 

Definitions

 

Usernames: means the information required to verify a Member to allow them access to areas reserved for them.

 

Member: any physical or moral person whose activity is producing, selling or distributing wines or spirits, and subscribed to the Site in accordance with article 3 of these T&C.

 

Services: means the services as provided by PLEINCHAMP SAS and which the User can access by connecting to the Site. These services are described in article 1 of these T&C.

 

Site: means the internet Site published by PLEINCHAMP SAS with the url www.winealley.com and www.winealley.fr

 

Winegrower: means any Member, physical or moral person, producing a French appellation and with the status of Winegrower in a privately owned cellar or cooperative winery producing their own wine in bottle.

 

User: any physical or moral person with the legal capacity allowing them access to the Site.

 

Buyer: on the networking platform, means the Member who posts bids or replies to tenders published by Sellers or who shows interest in a tender by giving their contact details to the Seller who  published it.

 

Seller: on the networking platform, means the Member who posts tenders of wines and spirits or who replies to bids published by Buyers or shows interest in a bid by giving their contact details to the Buyer who published it.

 

Article 1: Presentation of the Site and Services

 

The Site is aimed at all adults and more particularly wine and spirits trade.

 

The Site offers freely accessible services for Users and services reserved for Members.

 

The freely accessible services for Users are:

-          Articles on wine business news, estates and châteaux as well as Winegrowers in the directory

-          Wine trade events diary

-          Two newsletters dealing with wine news, one meant for the public and the other for the trade

-          Consulting the Winegrower directory, privately owned cellars or cooperative wineries producing their own wine in bottle.

-          Outstanding bottles allowing individuals to offer up to six bottles to Buyers.

 

The services reserved for Members are:

-          Listing in the directory for Winegrowers in privately owned cellars or cooperative wineries selling by the bottle

-          Access to and use of the networking platform.

 

Article 2: Accessing the site

 

The Site is accessible by Users at these addresses www.winealley.com and www.winealley.fr

 

Using the site implies knowledge of and accepting the Internet's characteristics and limits regarding especially the risk of infection by possible virus. Thus all Users should take appropriate steps to protect their own data, computer systems or software.

 

Access to the site and services is free for the User. Costs for accessing and using the telecommunications' network is the User's responsibility, according to their network and telecommunication operating provider. PLEINCHAMP SAS cannot be held responsible for any damages that might possibly occur through the User's technical environment, especially their network equipment, computers, software or any other material used for accessing the Site.

 

The Site is accessible 7 days a week, 24 hours a day, except in exceptional or accidental circumstances or third-party error.

 

Exceptional or accidental circumstances are expressly recognised, besides those recognised by the law, as follows: total or partial strike action, blockade in electronic communications including electronic communications' networks, unforeseen by PLEINCHAMP SAS and any other event independent of the parties' will preventing normal running of Services and the Site.

 

In addition, PLEINCHAMP SAS reserves the possibility of interrupting, briefly suspending or modifying  access or part of site without warning, to carry out maintenance or for any other reason, without engaging their responsibility in whatever title. PLEINCHAMP SAS does not accept any responsibility in case of misuse or incident linked to computer use, Internet access, server maintenance or  malfunction, the phone line or any other technical connection.

 

Article 3: Opening an account on the Site

 

To become a Member, the User should create an account on the Site by clicking on the link “create an account” in the homepage header or on the “Subscribe now” link on the homepage.

 

If the Member is a Buyer, they should also sign up to the networking platform.

If the Member is a Seller, they should sign up to the networking platform and/or the directory, the directory being reserved for Winegrowers.

 

Once they've filled in the account creation form, the Member must accept the T&C, otherwise the form won't be validated. They can also subscribe to the trade newsletter in French or English and can agree to be contacted by Winealley's partners by checking the corresponding box.

 

The password you choose must have 6 to 50 characters and must contain letters and numbers. You are entirely responsible for protecting your account and confidential password and for any action, which might be done in your name following their use.

If you forget your password, click on the link “forget password”, accessible on the connection page. You can then enter the Email address you used when you signed up. A message will be sent detailing the steps you should follow to reset your password.

 

You promise to make sure your account is kept confidential, and to informer us immediately of any fraudulent use of this account by unauthorised third party by using the contact form.

 

We cannot be held responsible for any loss of data or various damages resulting from not following these instructions.

 

The information provided when signing up should be accurate, complete and regularly updated. All information given in the directory will be viewable by Users.

 

The information provided by a Member whose subscription isn't validated will be deleted by PLEINCHAMP SAS.

 

3.1 The Buyer account opening form

 

After clicking on the subscribe link, the Buyer should choose the option “I'm a Buyer” to gain access to the account opening form.

 

When opening their account, the Buyer must fill out the fields marked with an asterisk on the subscription form.

 

Opening of an account by the Buyer is conditional to subscribing to the networking platform.

 

3.2 The Seller account opening form

 

After clicking on the subscribe link, the Seller can access the form. However, Winegrowers should select 'subscribe to the directory' and/or the networking platform; once they've made their choice, they'll be redirected to the subscription form.

 

To subscribe the Seller should fill out the account creation form and the form for the networking platform. If the Seller is a Winegrower, they can subscribe to the directory and/or the platform and  should fill out the forms corresponding to this choice.

 

Fields marked with an asterisk must be completed by the Seller on the account creation form.

 

Opening of an account by the Seller is conditional to subscription to the platform, except for Winegrowers who may subscribe to the directory and/or networking platform.

 

The Winegrower who isn't subscribed to the directory or platform can subscribe to the other Service at any time, by going to the “my file” or “my account” section. Once there, they should complete all information marked with an asterisk and validate the form.

 

 

Article 4: Listing in the directory

 

The directory is viewable by all Users, but only Winegrowers can be listed in it. Opening an account by a Winegrower is sine qua none to subscription to the directory.

 

If the Winegrower decides to subscribe to directory, they should fill out an account creation form as well as a form for data published on the directory about their winery or cooperative. All information given on this form by the Winegrower will be published and accessible to Users.

 

To subscribe to the directory, the Winegrower must complete the fields marked with an asterisk.

 

When being listed in the directory, PLEINCHAMP SAS checks whether the request is definitely from somebody with Winegrower status as defined in these T&C. If so, PLEINCHAMP SAS will validate their subscription, activate the Service and send them a confirmation email. If not, PLEINCHAMP SAS will inform them by email that their request for listing in the directory has been refused.

 

PLEINCHAMP SAS reserves the right a posteriori to exclude any Winegrower from the directory if they no longer have this status.

 

The Winegrower promises to provide accurate, up-to-date and complete information, which can be corrected at any time. They also promise not to promote their products in the directory and any advertising content in general.

 

Article 5: the networking platform

 

5.1 subscription

 

The networking platform is only accessible to signed up Members.

 

To subscribe to the platform, the Seller Member should fill out a second form specifically for this when creating an account.

 

The Member promises to send accurate, up-to-date and complete information for the platform.

 

After completing their subscription to the platform, the Buyer will receive an email informing them that their subscription request has been acknowledged. PLEINCHAMP SAS checks whether the Buyer does match the criteria defined and detailed in the Winealley Buyer terms & conditions (Appendix 1). If so, PLEINCHAMP SAS will validate their subscription, activate the Service and send the Buyer an email confirming their subscription.

 

Once they're signed up to the platform, the Buyer's contact details will be put online. These will be viewable by Sellers who the Buyer has authorised to do so. The Buyer authorises a Seller to view their details by replying to a tender published by this Seller or by leaving their 'E business card'.

 

After completing their subscription to the platform, the Seller will receive an email confirming their subscription.

 

PLEINCHAMP SAS reserves the right a posteriori to exclude any Buyer from the networking platform, who no longer matches the criteria defined and detailed in the Winealley Buyer terms & conditions (Appendix 1) and any Seller who doesn't match the criteria defined and detailed in the Winealley Seller terms & conditions (Appendix 2).

 

To use the platform, the Seller should subscribe according to the General Conditions of Sale.

 

After subscribing to the platform, the Seller should send us the invoicing address if different from the invoicing Email. To validate their subscription request, Sellers should check the box declaring they  accept these T&C.

 

5.2 Use of the platform

 

To post an offer, the Member should go to the dashboard and click on “Post a new offer”.

 

The Buyer can also go to the “My bids” area and then “Post mes bids”, and the Seller to the “My tenders” area then “Post a tender”.

 

After completing a minimum of mandatory fields on the offer form, the Member will post their offer automatically after clicking on the “validate” button. In any case PLEINCHAMP SAS reserves the right to moderate a posteriori any bid that doesn't comply with the “Winealley bid” terms & conditions  (Appendix 1) any tender that doesn't comply with the “Winealley tender” terms & conditions (Appendix 2).

 

More particularly, the Member promises their offer is genuine and only contains accurate information complying with the relevant legislation and rules. PLEINCHAMP SAS reserves the right to temporarily suspend any offer or Member account, which might be cause for complaint from another Member, in line with terms laid out in the terms & conditions, Appendices X and Y and article 7 of these T&C.

 

Bids and tenders are only published for a period of two months. After this, they're automatically removed.

 

The Seller may request at any time that their offer is withdrawn in the conditions defined and described in the General Terms & Conditions of Sale.

 

A Buyer may reply to a tender and express their interest by sending their contact details to the Seller.

 

A Seller may reply to a bid et and express their interest by sending their contact details to the Buyer.

 

To send their contact details while replying to an offer, the Member should click on the “reply to this offer” button and enter their reply in the empty field that appears. Their sales contact details contained in their “e business card” will be attached to the message.

 

Within the networking platform, Members can initiate Buyer or Seller circles, use the “leave your e business card” function, create alerts and use the search function.

 

The Member can create contact groups called Buyer or Seller “Circles”. When they send an offer on the networking platform, the Member can decide to send it just to one circle or exclude one from their mailing list from it. The circle function is accessible by clicking on the “My circles” icon.

 

If an offer interests a Buyer, they can leave an E business card. By doing this, the Member expresses their interest in an offer without committing themselves but gives the sender the possibility of contacting them directly. When the User is in an offer, they can use this function by clicking on the “business card” icon or the button provided.

 

The Member can search the platform to look for trade contacts or offers.

 

Finally, the Member can create alerts notified by email and can consult their dashboard in the “My alerts” section or under the “bids” icon for Sellers and inversely the “tenders” icon for Buyers. To create an alert, the Member should click on “create an alert”. These alerts allow Members to watch the posting of offers that may potentially interest them.

 

 

5.3 Responsibility for offers

 

You acknowledge explicitly that PLEINCHAMP SAS cannot in any circumstances be held responsible for the quality, quantity and accuracy of product listings offered by tenders.

 

You acknowledge explicitly that PLEINCHAMP SAS only plays an intermediary role with the platform and doesn't participate at all in the transaction between Buyer and Seller.

 

Consequently, PLEINCHAMP SAS cannot in any circumstances be held responsible for the consequences of any bids or tenders and possible prejudices de facto about the products.

 

Article 6: free-to- access services

 

6.1 Editorial Content

 

The Site's editorial content includes the articles and diary, supplied by Vitisphère.com on a non-exclusive basis.

 

Editorial content covers news and events linked to the wine industry, estates and châteaux and Winegrowers in the directory.

 

News and what's-on items are accessible for free on the Site's homepage.

 

PLEINCHAMP SAS does not moderate this editorial content before publication.

 

PLEINCHAMP SAS cannot guarantee the reliability any of the information given in the editorial content.

 

Consequently, all information and other data in this editorial content are provided purely on an information basis.

 

This supply of information should not, in any way, be taken as specific advice or help in deciding to make a transaction or make a decision about an investment. The User consequently acknowledges they use any information offered on this Site at their own risk.

 

6.2Consulting the directory

 

The Winegrower directory is free to view by Users, who can search through it from the homepage in the box “You're looking for a wine, producer or appellation?”

 

The User can search by:

-          Producer: name of producer, name of estate or winery

-          Wine: wine colour

-          Appellation: name of appellation

 

Once you've launched the search by clicking on the “search” button, the User can refine their search by selecting all the results, just producers or just wines.

 

 

6.3 Newsletter

 

To subscribe to the private customer newsletter, the User should enter their email address in the box “Subscribe to the Winealley newsletter”, enter the captcha (test allowing us to automatically distinguish between a  human User and a computer) and click on the «subscribe» button. They can also choose to subscribe to the trade newsletter by checking the box.

 

Members can subscribe to the trade newsletter by clicking on the «subscribe» button in the trade Newsletter section on the homepage, or check the box «I'd like to subscribe to the trade Newsletter on Winealley while creating their account by entering their email address and the captcha. They can also subscribe to the private customer newsletter by checking the box.

 

If a User or Member wants to unsubscribe to a newsletter, they should click on the link «Unsubscribe me» found in each newsletter you get, enter their mail address, the captcha and check the box(es) corresponding to the relevant newsletters.

 

6.4 Outstanding bottles

 

The Site offers the possibility for private Users to offer up to 6 outstanding bottles to Members.

 

To offer your outstanding bottle, the User should click on the «subscribe» button in the box «offer your outstanding bottles». They must then provide the information marked with an asterisk.

 

To validate, the User must check the box indicating they accept the current T&C and enter the Captcha.

 

The User can also subscribe to the Site's Newsletter and accept to be contacted by Winealley's partners by checking the corresponding boxes.

 

The User must then fill out their offer by providing the information marked with an asterisk.

 

Once the offer is sent, PLEINCHAMP SAS' administrator checks if the offer corresponds to the terms & conditions “outstanding wines” (Appendix 3). After validating the offer, a confirmation email is sent to the User; if the offer isn't validated, the administrator will inform the User in the same way.

 

Article 7: Moderation

 

The Member should make especially sure, before posting anything on the Site, that they hold the intellectual property rights or necessary authorisation for whatever they put online (especially photography, text, logo, trademark, distinctive markings of an appellation…), allowing them to exploit and publish them on the Internet.

 

The Member also promises not to publish anything on the Site not complying with current legislation,  especially article L3323-4 of the Public Health Code and clauses in the press laws of 1881.

 

The Site administrator, PLEINCHAMP SAS, in accordance with their obligations as host, will suspend any content that might contravene current French law and regulations as quickly as possible, as well as these T&C after notification of any contentious content.

 

Notification of any contentious content by Users should be done by clicking on «contact us» at the bottom of each page.

 

Once the User is on the 'contact us' page, they should select «Other miscellaneous» in the drop-down menu, enter their name, firstname, email address, compose their message as per the terms defined and laid out by article 6-I-5 of the law for trust in digital economy of 21 June 2004 and finally enter the Captcha before sending their notification.

 

If the notification complies with the terms mentioned above, PLEINCHAMP SAS will confirm they've received it and then suspend this contentious content. At the same time, PLEINCHAMP SAS will inform the Member concerned, who will have 15 days to prove the information published is genuine; beyond this period,  the contentious content will be permanently deleted.

 

Article 8 : Closing an account / withdrawing a Service

 

The Member can close their account at any time by clicking on the link «Unsubscribe» in the «My account» area.

 

The Member will receive a confirmation email of the account being closed within 7 working days after receiving the request.

 

PLEINCHAMP reserves the right to close an inactive customer's account. A customer is considered inactive if they haven't published or replied to an offer in the last 12 months.

Regarding the Site's fee-paying Services, the terms for closing an account are defined and described in the General Conditions of Sale.

 

A Winegrower, if signed up to the platform and directory, can at any time withdraw from one of these two services by deleting the information provided in the form attached to the relevant service.

 

Article 9: Intellectual Property

 

The Site should be considered as an indissociable whole. The Site and everything on it (information, data, text, sounds, images, drawings, graphics, distinctive signs, logos, trademarks…) are the exclusive property of PLEINCHAMP SAS or its partners.

 

All of these elements are subject to clauses of the Intellectual Property Code, and in this title protected against any unauthorised use by the law or these T&C.

Reproduction of these elements is only authorised for the means of information and/or copies or reproductions aimed at strictly private and personal usage. Any other reproduction, representation, or diffusion of the site's content, wholesale or in part, on any medium or any other process, is not allowed. The non-respect of this ban constitutes plagiarism susceptible to engage the plagiarist's civil and penal responsibility.

 

It's especially not permitted to use or reproduce the name «PLEINCHAMP» and/or its logo, as well as the name «WINEALLEY» and/or its logo, alone or associated with something else, in whatsoever title, and especially for advertising means without PLEINCHAMP SAS' prior written agreement.

 

Likewise, downloading or any other form of copying of software or information on the Site does not confer any rights on them. It's not permitted to reproduce (wholesale or part), diffuse  (electronically or any other way) and modify them. It's also not permitted to use the Site to public or commercial ends, without PLEINCHAMP SAS' prior written agreement.

 

Article 10: Guarantees and responsibilities

 

You guarantee PLEINCHAMP SAS against any direct or indirect damages caused to PLEINCHAMP SAS or any third party, following the non-respect of legal obligations and these T&C, for any information posted online by you.

 

You guarantee PLEINCHAMP SAS against any action or judicial and extra-judicial claim and/or conviction based on the non-respect of their legal obligations or contractual commitments, whatever the quality of the claimant.

 

Consequently, You promise to take any consequences on-board resulting from such an action or claim and/or conviction, in particular, any damages and interest and/or penal sanctions PLEINCHAMP SAS would be charged with, as well as any costs incurred by such an action or claim, including lawyer's fees.

 

You explicitly acknowledge that PLEINCHAMP SAS cannot guarantee the outcome to any transactions taking place between Members, nor offers being accepted on the platform.

 

You cannot in any case engage PLEINCHAMP SAS's responsibility to title of payment for purchases made via Services offered on the Site.

 

Article 11: Personal data clause

 

By filling out forms on the Site, the User is sending personal data. This data could be processed, automatised or not, in the sense of the law n°78-17 of 6 January 1978 modified relating to ICT, files and your freedom. This data is collected by PLEINCHAMP SAS, Site publisher, in their role of being responsible for processing it, and will only be used for the following:

 

-          Managing the Member's account

-          Commercial offers on behalf of Winealley and its partners provided the Member has consented.

Information that must be provided is marked with an asterisk. If this data isn't forthcoming, the   subscription will not be validated, thus making it impossible to access the Services offered by the Site.

 

In accordance with clauses in article 27 of law n°78-17 of 6 January 1978, as modified by the law of 6 August 2004 relating to ICT, files and your freedom, the User can disagree with the processing of information about them, access it, modify or correct, by sending a simple letter to the postal address mentioned in article 11 of the T&C «Customer Services». The cost of a stamp will be reimbursed if  requested.

 

In compliance with article 34 of the «data protection» law of 6 January 1978, those responsible for processing promise to take any useful precautions regarding the nature of this data and any risks apparent when processing it, to ensure the data is secure, in particular, preventing it from becoming corrupted, damaged or that an unauthorised third-party gain access to it.

 

Article 12 : hypertext links

 

PLEINCHAMP SAS may suggest links on the Site to Internet sites that don't belong to it. These sites were picked because of the quality of information they offer, when the link was created. As PLEINCHAMP SAS cannot regularly check these sites, it cannot be held responsible for their content being available and is in no way responsible for the content, products or services available on these sites.

 

When the hypertext link is accessible from any information posted by a Member as part of the Services offered to them, PLEINCHAMP SAS does not check the content of these sites and is not responsible for content, products or services available on these sites.

 

External internet sites can be listed on the Site. PLEINCHAMP SAS has no control or responsibility for these sites' content offering a hypertext link to the Site without PLEINCHAMP SAS' agreement.

 

Article 13: Customer Services

 

Users can contact PLEINCHAMP SAS at any time and by email by clicking on and using the contact form.

 

Members can also contact PLEINCHAMP SAS' customer service by post by writing to the following address:

 

PLEINCHAMP customer services

12 Place des Etats-Unis

92127 MONTROUGE CEDEX

 

In certain limited cases mentioned in the Site's General Conditions of Sale, the Member must contact  PLEINCHAMP SAS by post and recorded letter requiring signature.

 

Article 14: cookies

 

To allow or aid electronic communication, cookies are transferred onto the User's computer when they enter the Site. A cookie is a small file that lodges onto the hard drive. It records all information relating to the computer's browser but doesn't allow identification.

 

A cookie is a text file, not operational and hence immune to viruses. The User acknowledges being informed of this practice and authorises PLEINCHAMP SAS to use it. The User can stop cookies being  installed by changing their Internet browser's settings accessible in their browser's Internet options menu.

 

Making these changes can however lead to all cookies used by the browser being deleted, including those used on other sites, which can lead to loss of certain information or settings. Preventing cookies can by nature alter or make it impossible to access the Site.

 

Article 15: Membership

 

By accessing the Site and information it contains, the User acknowledges they are aware of the current T&C and promises to respect them. PLEINCHAMP SAS reserves the right to modify the current  T&C at any time and in particular to adapt them to the Site's development. The User thus promises  to regularly consult them and thereby accepts the very latest version of the T&C each time they connect to the Site.

 

Article 16: Continuity

If for any reason one of the current general conditions' clauses should be declared inapplicable, this would not affect the application of other clauses in the general conditions; whichever is deemed  inapplicable being thus replaced by the closest possible clause.

Article 17: applicable rights and appropriate court

 

The current T&C are subject to French Law. Any possible disagreement or legal proceedings connected with in particular the application, execution, interpretation or validity of the T&C, which can't be settled by amicable means, will be referred to the appropriate Commercial Court.