Terms of Sale
Updated: Oct 17, 2022
These Terms of Sale (the “Terms”) define the agreement (the “Agreement”) between the customer (the “Customer”) and VIVANT Wines, (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 and product orders (“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. The seller 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.
1. Club Membership
Members and/or buyers must be 18 years of age or older depending on the country of residence.
Club Membership includes, but is not limited to, a quarterly shipment of Tasting Kits or bottles, depending on the subscription package chosen, 10% savings on Tasting Kits and wines, free shipping on orders over a certain amount, country dependant, and access to a personal wine advisor.
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 unauthorized use of a Membership, the Customer is responsible for notifying the Seller immediately.
Prices are set according to customer location. Any change in prices will be reflected on the Site. Product(s) prices do not include insurance, delivery fees, or taxes 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. This does not apply for Club subscription prices, these prices include delivery fees or taxes where these may apply.
Orders 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), or the shipment of product(s), until complete payment has been received, 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, the possibility of waiting until the product becomes available; or in the event of a quarterly club shipment being unavailable, the Seller will offer early access to the next quarter's shipment. If these alternatives are not accepted by the Customer, then the order will be modified or canceled. In the event of a valid canceled order, where payment has already been made, the Customer will be reimbursed within 30 business days.
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.
Payment in full must be made at the moment of Sale. Payments for Club Memberships are carried out on a quarterly basis. At the conclusion of a prepaid period, unless the Customer cancels prior to renewal, Membership will automatically continue on a quarter-to-quarter basis. This does not apply to Gift Memberships, which will not automatically renew, or product orders. Both are one-off purchases. Payment is accepted using the following methods:
Credit card: American Express, Diners, VISA and Mastercard.
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.
5. 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 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.
6. 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 shipping address, phone number and email address for order confirmation. Once the order has been confirmed, an order confirmation email is sent to the customer. It is the customer’s responsibility to check the entirety of the information is correct and alert the Seller immediately should this not be the case. The Sellers cannot be held responsible for any delivery issues and costs arising from erroneous information provided by the customer. 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.
7. Cancellation Policy
For quarterly Club 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 Club Membership before the billing date, they may use their Membership until the end of their then-current subscription. Club 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.
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, the price of the product(s) and the standard delivery cost will be reimbursed. Any additional costs arising from a more expensive delivery method chosen by the Customer will remain the Customer's responsibility. 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 online form.
Product orders must be returned to the Seller. 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 the Seller. 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.
8. Subscription Modifications
For changes from one quarterly Club Membership to another, the Customer has the right to submit the request at any given moment during their subscription period however the changes will not be effective until the next billing date, at which point the Customer will be billed at the new rate, and if applicable, the new product(s) will be shipped.
Orders are delivered by economy or express delivery exclusively to the shipping address information provided at the time of your order. The Sellers cannot guarantee any subsequent address changes. 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.
Should the package be returned by the shipping company due to erroneous information provided by the customer and/or the customers failure to retrieve the package, the Seller reserves the right to charge the customer the return handling fees that cover the return of the package and custom duties where applicable, fixed at €50 outside of the EU, and €15 within the EU.
10. 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 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.
11. 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 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.
The Seller 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.
The Seller reserves the right to terminate or suspend Club 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 Club Membership termination, the Seller reserves the right to delete all content saved on the Customer profile without prior notice.
14. 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.
If you have any questions about these Terms and Conditions, please contact us.
VIVANT Wines SAS
15 rue Marey-Monge
21630 Pommard, France