Terms and Conditions of Sale
These Terms and Conditions of Sale (the “Terms and Conditions”) define the agreement (the “Agreement”) between the customer (the “Customer”) and VIVANT Inc., (the “Seller”), with offices located at 15 rue Marey Monge, 21630 Pommard, France.
The Terms and Conditions apply, without restriction or reservation to the acquisition of all products or services (“Orders”) placed online at www.vivant.eco (the “Site”) or by other means directly with the Seller by individual consumers and non-professionals. Placing an order implies unreserved acceptance by the Customer of the Terms and Conditions of Sale which prevail over all other general or specific conditions not expressly authorized by the Seller. VIVANT Inc. reserves the right to adapt or amend the Terms and Conditions at any time. In the event of amendment, only the Agreement in force on the day of the order will be applied.
Prices are pre-set in Euros (€). The currency is subject to change according to shipping destination. Any change in prices will be reflected on the Site. Prices do not include insurance, delivery fees or VAT where these may apply. Delivery fees are calculated separately and included in the final invoice. Delivery charges quoted may only be an estimate of the final delivery fees.
Product(s) and services(s) sold under this Agreement will be the Customer’s property only after complete payment by the latter. In the case of deferred payment, the product(s) will remain the property of the Seller until complete payment has been made in accordance with the contractual conditions herein, even in the event of insolvency proceedings against the Customer, in accordance with articles L.621-28 e et seq. of the French Commercial Code.
All offers and prices are valid subject to Customer allocation and availability. In the event of a product or service being unavailable after the order has been placed, the Customer shall be informed by e-mail, by telephone, or by post. The Seller will offer the choice of a similar product or service at a similar price or the possibility of waiting until the product or service becomes available. If these alternatives are not accepted by the Customer, then the order will be modified or cancelled. In the event of a valid canceled order, where payment has already been made, the Customer will be reimbursed within 30 business days.
Payment in full must be made at the time of the order. Payment by the following methods are accepted:
Credit card: American Express, Diners, VISA, Mastercard and Apple Pay.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. DEFAULT OF PAYMENT
The Seller reserves the right to refuse to honor an order placed by a Customer who has not fully or only partially paid for an order or in the event of the Customer’s previous order not having paid in full or partially or where there is a settlement dispute pending.
5. ORDER CONFIRMATION
An order is considered confirmed when the full payment for the order is received. Order confirmations are sent via email to the customer address on file. It is the customer’s responsibility to provide a valid email address for order confirmation. Confirmation of an order implies full and unreserved acceptance of these Terms and Conditions on the part of the Customer, the recognition of having taken full knowledge thereof, in addition to relinquishment of his/her own purchase conditions or any condition not stated herein.
6. CANCELLATION POLICY
For product(s) orders placed online at the Site, in accordance with the legal provisions in force, the Customer has the right to cancel, without giving a reason or paying any penalty, within a period of fourteen (14) days from receipt of the items ordered.
Private Experiences, may be canceled up to 24 hours prior to delivery, at which point these service(s) may not be canceled and refunds will not be offered.
For Membership service(s), the Customer has the right to cancel, without giving a reason or paying any penalty, within a period of thirty (30) days from receipt of the items ordered. Canceled service(s) will be refunded by a chosen means of payment within thirty (30) days of receiving the cancellation notice.
In the case of cancellation within the specified period, only the price of the product(s) and or service(s) purchased and delivery costs will be reimbursed. All costs and expenses incurred in returning the product(s) shall be borne by the Customer.
Customers can cancel their order by filling out the ‘Contact Us’ online form. Product orders must be returned to VIVANT Inc. undamaged, in original condition, in their original packaging, including all accessories, no later than fourteen (14) days after the request to cancel, at the following address:
VIVANT WINES SAS, 6 rue Jean François Champollion, 21200, Beaune, France.
The purchase price of the product(s) and delivery costs will be reimbursed by a chosen means of payment within fourteen (14) days of receiving and verifying the products by VIVANT Inc. In the absence of the return of the product(s) or proof of posting within the required period, VIVANT Inc. reserves the right to defer reimbursement until the product has been received by them. Incomplete or damaged articles will not be entitled to exchange or reimbursement.
Orders are delivered by post or express delivery exclusively to the shipping address information provided at the time of your order. The Seller will do everything in their power to deliver within a reasonable timeframe, but cannot be responsible for delays out of the Seller’s control. Standard Delivery is within five (5) working days* from the Shipment Date, for small to medium parcels delivered in mainland France. For delivery outside of France: the delivery times will vary.
8. PRODUCT VERIFICATION
Upon delivery, the Customer must verify the product(s), and in case of damaged goods, refuse shipment and return the damaged goods to the Seller. When the Customer accepts delivery from the shipping company, the delivery is accepted and product verified. In the case of a refused shipment, the Customer must note clear and precise issues on the transporter’s delivery manifest and send a copy of the manifest including the reasons for refusing shipment to the Seller within 48 hours via the ‘Contact Us’ online form.
If a damaged parcel has been delivered and the Customer has signed the delivery note without amendment or reservation, then the product(s) is considered to have been accepted by the Customer, and the Seller cannot be held responsible for any damage, nor be liable for any indemnity. The mention “subject to unpacking” has no legal or commercial value.
VIVANT Inc. is only bound to a ‘best effort’ undertaking. It cannot be held responsible for damage resulting from incorrect use or other problems beyond the Seller’s control, including explosion, flood, ice, tempest, fire or accident, war, threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; interruption or suspension of means of communication, embargoes; strikes, lock-outs or other industrial actions or trade disputes of a third party; difficulty in obtaining materials, labor or machinery; cessation of production or delivery and power failure or breakdown in machinery, etc.
10. RESOLUTIONS OF DISPUTES
The Conditions of Sale are subject to French law. The language in which the present contract has been recorded is French; all translation on the site is given for information purposes only. With the exception of persons for whom the competent courts shall be determined by the disposition of the Code of Civil Procedure, the Tribunal of Commerce of Dijon shall be the sole competent authority in the case of dispute. This jurisdiction shall also apply even in the case of a plurality of defendants or of recourse to guarantee.
If you have any questions about this Terms of Sale, please contact us.
548 Market Street
San Francisco, CA 94104
15 rue Marey-Monge
21630 Pommard, France