1. MEMBERSHIP SALES

General

These Terms of Sale (the “Terms”) 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 apply, without restriction or reservation to the acquisition of all Membership 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 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 at any time. In the event of amendment, only the Agreement in force on the day of the order will be applied.

Membership

Members must be 18 years of age or older depending on the country of residence.

Membership includes, but is not limited to, access to all Live Experiences, wine education and tasting skills development with the Interactive Tasting Method, answers to your wine questions from our expert wine advisors, access to Tasting Kits that pair with our Live Experiences, the ability to save wine assessments with our Interactive Tasting Method and to connect and follow other wine lovers around the world. The purchase of wines or Tasting Kits is not included in the Membership, any product(s) orders are carried out by the Customer at an additional cost.

The Customer is responsible for every use of the Site that occurs in conjunction with use of their username and password. Reasonable efforts must be employed to keep username and password information confidential. In the case of unauthorised use of a Membership, the Customer is responsible for notifying the Seller immediately.

Prices

Prices are pre-set in Euros (€). The currency is subject to change according to customer location. Any change in prices will be reflected on the Site.

Membership service(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 Seller reserves the right to suspend Membership service(s) until valid payment has been received, in accordance with the contractual conditions herein.

Promotions

Promotions are to be used within the specified timeframe given. Once the promotion has terminated, the Customer will not be eligible for the same promotion again.

Payments

For Membership service(s), payment in full must be made at the time of registration. Payments are carried out on an annual or monthly subscription basis, depending on the subscription package chosen by the Customer. At the conclusion of a prepaid period, unless the Customer cancels prior to renewal, Membership will automatically continue on a year-to-year or month-to-month basis. This does not apply to Gift Memberships. Gift Memberships are one off purchases and will not be automatically renewed. Payment is accepted using the following methods:

Credit card: American Express, Diners, VISA, Mastercard and Apple Pay.

The Customer may be asked to supply certain information relevant to payment including, without limitation, their credit card number, the expiration date of their credit card, billing address, and shipping information. For further information on how we manage this information please refer to our Privacy Policy on the Site.

The Customer represents and warrants that: (i) they have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information supplied to us is true, correct and complete.The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting their information, the Customer grants us the right to provide the information to these third parties subject to our Privacy Policy.

The Seller reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

The Seller reserves the right to revise the subscription plan and/or Membership fees. If the Seller carries out any changes, the Customer will be notified. No changes will take effect until the end of the then-current Membership period.

Default of Payment

The Seller reserves the right to suspend Membership until valid payment has been received or where there is a settlement dispute pending.

Order Confirmation

A Membership 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 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.

Cancellation Policy

For annual Membership service(s), the Customer has the right to cancel their subscription, without giving a reason or paying any penalty, within a period of thirty (30) days from receipt of the items ordered. Refunds will be carried out by a chosen means of payment within thirty (30) days of receiving the cancellation notice. If the Customer cancels their Membership after this period, they may use their Membership until the end of their then-current subscription. Membership will not be auto-renewed after the period expires. However, the Customer will not be eligible for a refund (partial or whole) of the Membership fee paid for the then-current Membership period.

For monthly Membership service(s), the Customer has the right to cancel their subscription, without giving a reason or paying any penalty, before the next billing date. If the Customer cancels their Membership before the billing date, they may use their Membership until the end of their then-current subscription. Membership will not be auto-renewed after the period expires. The Customer will not be eligible for a refund (partial or whole) of the Membership fee paid for the then-current Membership period.

The Customer can cancel by filling out the Contact Us online form.

Termination

The Seller reserves the right to terminate or suspend Membership and bar access to the Service(s) immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Agreement. In the case of Membership termination the Seller reserves the right to delete all content saved on the Customer profile without prior notice.

Resolution of Disputes

The Terms 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.

2. WINE AND TASTING KIT SALES

General

These Terms of Sale (the “Terms”) define the agreement (the “Agreement”) between the customer (the “Customer”) and VIVANT Wines SAS., (the “Seller”), with offices located at 15 rue Marey Monge, 21630 Pommard, France.

The Terms apply, without restriction or reservation to the acquisition of all products (“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 which prevail over all other general or specific conditions not expressly authorized by the Seller. VIVANT Wines SAS. reserves the right to adapt or amend the Terms at any time. In the event of amendment, only the Agreement in force on the day of the order will be applied.

Prices

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) 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 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 at a similar price or the possibility of waiting until the product 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.

Promotions

Promotions are to be used within the specified timeframe given. Once the promotion has terminated, the Customer will not be eligible for the same promotion again.

Payments

For product order(s) 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.

You may be asked to supply certain information relevant to your payment including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. For further information on how we manage your information please refer to our Privacy Policy on the Site.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

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.

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 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.

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.

In the case of cancellation within the specified period, only the price of the product(s) purchased will be reimbursed. All costs and expenses incurred in returning the product(s) shall be borne by the Customer.

The Customer can cancel their order by filling out the Contact Us online form. Product orders must be returned to VIVANT Wines SAS. 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) will be reimbursed by a chosen means of payment within fourteen (14) days of receiving and verifying the products by VIVANT Wines SAS. In the absence of the return of the product(s) or proof of posting within the required period, the Seller 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.

Delivery

Orders are delivered by economy 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.

Any order delivered outside France may be subject to taxes and customs duties which are imposed when the package reaches its destination. These taxes and possible customs duties related to the delivery of an item are your responsibility. We are not required to verify and inform you of applicable customs duties and taxes. For more information, we advise you to check with the competent authorities in your country.

For deliveries to the United States of America, the recipient must be over 21 years of age and an identity document will be requested upon delivery.

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.

Faulty Wine

Should the Customer find their wine to be faulty, the Customer must provide the Seller with both a photo of the bottle and the cork via the Contact Us online form, within 48 hours after the opening of the product(s). A refund or replacement of the goods will be carried out depending on the product(s) and/or location of the Customer. The Seller cannot be held responsible for any damage to the product caused during storage by the Customer. The Seller reserves the right to decline responsibility or offer a refund depending on the date of purchase and/or the product(s) in question.

Responsibility

VIVANT Wines SAS. 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.

Resolution of Disputes

The Terms 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.