General Terms and Conditions of Sale
1. General provisions
1.1 Scope and identification of the seller
The website located at https://u.wine (hereinafter the « Site ») and the U’WINE mobile application (hereinafter the « Application ») are online sales platforms published by the company U’WINE SAS. U’WINE SAS is a wine merchant whose registered office is located at 13 allées de Chartres 33000 Bordeaux (France). U’WINE SAS is registered with the Bordeaux trade and companies register under no.522 015 692 (hereinafter referred to as « U’WINE » or « We »).
These general terms and conditions apply to all distance sales of alcoholic beverages and in particular of wines (hereinafter the « Products ») made directly on the Site or the Application, between U’WINE and any consumer or non-professional purchaser of full age, that is to say any natural person enjoying full legal capacity and aged 18 years or over on the day of purchase (hereinafter the « Customer »).
The Customer is deemed to have the status of consumer within the meaning of French law, where he corresponds to the following definition : any natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, professional or agricultural activity.
The Customer and U’WINE are referred to individually as a « Party » and together as the « Parties ».
These general terms and conditions may be supplemented by specific conditions which will be published on the Site or the Application and, where applicable, brought to your attention when they apply to you.
Finally, these general terms and conditions provide pre-contractual information relating to the investments in miscellaneous goods entitled Mandat Cave Invest (or Mandat Club Deal) and Cave Conso (or Cave Liberté) which may be subscribed on the Site or the Application under the conditions specified below. The Mandat Cave Invest (Mandat Club Deal) and Cave Conso (Cave Liberté) shall be governed by specific contracts to be signed by the Customer.
1.2 Acceptance of the general terms and conditions of sale
In the absence of specific conditions agreed between the Parties, all orders placed on the Site or the Application are subject to these general terms and conditions of sale.
The Customer acknowledges having consulted and accepted the general terms and conditions of sale in their entirety before any use of and/or order for Products via the Site or the Application.
1.3 Amendment of the general terms and conditions of sale
U’WINE reserves the right to amend these general terms and conditions at any time, in particular in order to comply with any new legislation and/or regulations. Amendments to these general terms and conditions are enforceable against Customers from the time they are published online.
Accordingly, the Customer is invited to consult the general terms and conditions regularly.
Any access to or use of the Site or the Application constitutes unreserved acceptance of the general terms and conditions.
The Customer is required to comply with the general terms and conditions in force at the time he orders the Products on the Site.
2. Products
2.1 Definitions
« Allocations » : refers to the quantity that a wine estate markets each year and directly to a third party. This term is used rather to designate wines, often Grands Crus, outside Bordeaux.
« Application » : refers to the U’WINE mobile application, downloadable via the usual download platforms.
« Market opportunities » : refers to Deliverable Wines, generally Grands Crus, sold on attractive terms owing to market circumstances.
« Personal Shopper » : allows the customer to submit a specific wine request to our Personal Shopper team by sending a message on the Site and via a chat in the « conciergerie » on the Application. In both cases, the customer must have created an account to access this service.
« Site » : refers to the website https://u.wine. « Tag » and « Hoop Tag » : refers to an NFC chip affixed to the neck of the bottle delivered by U’. This technology enables communication between two devices. This chip provides access to information about the wine in the bottle and access to a virtual cellar on the U’WINE Application. The Tag is a single-use label, the Hoop Tag is a reusable ring.
« En Primeur Wines » : refers to the purchase of wines, generally Bordeaux Grands Crus, several months or years before they are bottled, while they are still undergoing vinification in the cellars of the Châteaux. En Primeur Wines are available for delivery within an average period of 18 to 24 months.
« Deliverable Wines » : refers to wines already bottled, as opposed to En Primeur Wines.
2.2 Description of the products of the Site and the Application
The Site and the Application offer the distance sale of bottles of wine. The Products are presented in compliance with the requirements of article L.111-1 of the Code de la consommation (French Consumer Code).
However, the images of the Products, as presented on our Site or our Application, are for illustrative purposes only and are in no case contractually binding. The label in particular does not bear any mention of the vintage, for example. The Products may therefore differ slightly from these images, in particular as regards their packaging or the colour of the wine itself.
2.3 Availability of the Products
The Products offered for sale on the Site and the Application are valid while stocks last.
In the event of unavailability of the product ordered, U’WINE shall inform the Customer and shall offer either to deliver a Product equivalent to the one ordered in terms of quality and price, or to propose a restocking date, or to issue a voucher for the amount of the order usable for any subsequent order. Failing agreement, U’WINE shall refund the order placed by the Customer within a period of thirty (30) days.
2.4 Health warnings
In accordance with article L.3342-1 of the Code de la santé publique (French Public Health Code), the sale of alcohol to minors under 18 years of age is prohibited. Consequently, any person placing an order or opening an account on our Site or our Application undertakes and declares to be eighteen (18) years of age or over on the date of placing an order and on the date of opening the account. Alcohol abuse is dangerous for health. It should be consumed in moderation. Access to the Site and the Application of U’WINE is strictly reserved for persons of full age.
3. Referral programme
U’WINE has set up a referral programme whereby a customer may refer a new customer.
The Customer wishing to refer must have placed at least one order with U’WINE or signed a management mandate or subscribed to one of the U’WINE Grands Crus offers. The customer wishing to refer and the customer wishing to benefit from the referral bonus must be two distinct natural persons of full age.
When a Customer refers a new customer, both benefit from vouchers in the form of Grands Crus credit. The Grands Crus credit is activated upon creation of the account for the referred customer. For the referring customer, it is activated upon the first order or upon the signature of a mandate or a subscription to U’WINE Grands Crus by the referred customer.
The Grands Crus credit is valid for 1 year from the date of formalisation of the Referral and may only be used for the purchase of « wine » Products on the site or the mobile Application. It may not be refunded in cash or by bank transfer.
A new Customer may only be referred once, even if he subscribes to different offers. He shall benefit from the referral bonus corresponding to the first offer subscribed with U’WINE. The referral programme is open solely for personal and non-commercial purposes.
U’WINE reserves the right to exclude customers from the programme, at any time and unilaterally, on account of abusive and/or fraudulent conduct with regard to the conditions of use of the referral programme.
4. Order
4.1 Steps in placing an order
All orders are placed on the site https://u.wine or on the U’WINE application.
To place an order, we invite you to select the Products that interest you on our Site or our Application by clicking on « Buy », then choosing the quantity, the format as well as the packaging method of the Product, before clicking on « Add to basket ».
Before placing your order, you may access the summary of your basket at any time in order to modify its contents.
The contents of the basket may be supplemented with Hoop Tags, sold in batches of twenty-five (25) units.
Once the basket has been finalised, you have the possibility of applying a promotional code before clicking on « place the order ».
You must necessarily create an account in order to continue your order, and accept these general terms and conditions of sale.
Once your account has been created, in the case of Deliverable Wines, you will be able to choose the delivery method and enter the delivery and billing address if the latter is different. Delivery charges will then be calculated exactly and added to the total amount of your basket.
In the case of En Primeur Wines, no delivery proposal will be made at the time of purchase as the wines will only be available for delivery on average between 18 and 24 months following their purchase. U’WINE will contact you again when the wines are made available in order to agree with you on the appropriate delivery method. Delivery charges will be payable at that time.
It should be noted that since 1 January 2023, VAT is chargeable at the time of purchase of En Primeur Wines within the European Union.
You reach the final step where you must enter your means of payment, by choosing Bank card or Paypal and then validating the payment. Once the information has been verified, your order will be confirmed and you will be able to access a summary of your basket and the tracking number of your order, which you will also be able to find in your personal area.
4.2 Order confirmation
By placing an order on our Site or our Application, you expressly waive the benefit of article 1587 of the Code civil (French Civil Code).
Once your order has been confirmed on the Application or the Site, you will receive an automatic email confirming that your order has been taken into account. It will also appear in your personal area.
4.3 Delay in processing the order
A delay in processing the order may occur, without U’WINE incurring any liability, where the contents of the Customer’s basket contain an error, the details given in the form are incorrect, an alert message has been generated by the online payment system, etc. In these circumstances, which are not exhaustive, the U’WINE Customer Service contacts the Customer directly.
4.4 Refusal and cancellation of the order
U’WINE may refuse an order for Products in whole or in part if the quantity ordered or the frequency of such orders appears to it to be abnormal in relation to the normal requirements of private customers.
U’WINE also reserves the right to refuse or cancel any order for Product(s) placed by a Customer with whom there is a dispute relating to payment of a previous order or an objective suspicion of fraud.
Finally, U’WINE reserves the right to refuse or cancel any order for Product(s) placed by a Customer wishing delivery to a country outside the list mentioned on the website https://u.wine/livraison.
If a Product becomes wholly or partly unavailable after an order, U’WINE shall inform the Customer under the conditions provided for in article 2.3 of these general terms and conditions of sale.
5. Prices and terms of payment
5.1 Display of the price
The sale prices of the Products online on the Site and the Application, indicated in euros, are those in force at the time the order is placed by the Customer. The sale prices of the Products may be amended by U’WINE at any time before the order. Such amendment shall be notified to the Customer before any order for Products. The prices are applicable within the framework of distance selling.
The delivery charges for the products are not included in the prices displayed per bottle and will be invoiced in addition to the amount of the order for Products placed. They are clearly stated within the order process.
Prices are displayed inclusive of all taxes, including value added tax (VAT) applicable on the day of the order. Any change in the applicable VAT rate will automatically be passed on to the price of the products sold by U’WINE on its Site or its Application, it being understood that such change will in no way affect orders already placed.
All our promotional offers (e.g. wine fair) offered on our Site or our Application may be limited in time, subject to a limit of stock, availability and quantity. Consequently, once the promotional offer has expired, the prices of the Products covered by the said offers are liable to change.
5.2 Terms of payment
Payment by bank card is available via the Visa and MasterCard networks. These payment cards must be issued by a banking or financial institution located in the European Union or in Monaco.
If the Customer has a Paypal account, the Customer may log in to it and make payment for his order directly. In the case of payment via Paypal, payment is immediately due and is made at the time of the order. The transmission of the Customer’s bank details takes place directly on the Paypal site and in a secure manner (SSL encryption). The Customer’s bank details are only retained during the processing of his order and are subsequently destroyed. The Site neither sees nor stores any of this information. Management is entirely handled by the Paypal site.
The data recorded by Paypal constitute proof of the financial transactions carried out by this means of payment.
A « Direct payment » may be offered to member customers placing an order via our Personal Shopper service, by telephone or direct message. In this case, once the basket has been validated with our Personal Shopper team, the customer will be invited to go to his mobile application and will be able to proceed directly to payment for the basket by clicking on the link provided.
5.3 Grands Crus credit
The Grands Crus credit represents your U’WINE « wallet ». It may be credited on various occasions : through the referral bonus, on signature of a Cave Liberté, through the resale of wines from your Mandat Club Deal for example.
This credit may be consulted at any time in your personal area, from the Site or the Application.
The Grands Crus credit is used to purchase Products offered for distance sale from the Site or the Application. If you have Grands Crus credit, it will automatically be used when ordering Products. The corresponding amount is displayed in the basket at the time of the order.
The validity period of each credit is one (1) year from the date of the credit.
5.4 Supporting documents
Before confirming an order, U’WINE reserves the right to ask the Customer to provide evidence of his identity, his date of birth, his place of residence and the means of payment used, in order to limit any fraud.
Processing of the order will then begin from the date of receipt of these supporting documents. If the said documents are not provided to U’WINE or if they are deemed not to comply with these general terms and conditions of sale, the order may be cancelled by U’WINE.
6. Delivery of the Products
6.1 Methods of delivery and storage
We offer the following delivery methods :
- Express delivery
Delivery available in Metropolitan France only, within 1 to 3 working days after processing of your order. The wines are received before 1 p.m., Monday to Saturday excluding public holidays.
- Delivery to a Pick-up Point
Delivery within 3 to 5 working days after processing of your order, Monday to Friday excluding public holidays, for any order of up to 12 bottles of 75 cl.
- Pallet delivery
Delivery available in Metropolitan France only and for any order of more than 36 bottles, within 2 to 7 working days after processing of your order, Monday to Friday excluding public holidays.
- Bespoke delivery
Delivery available in Europe and worldwide for any order of more than 36 bottles. In order to find the best solution, the Customer is invited to contact U’WINE by email at the following address : you@uwine.fr.
- Click & Collect
The order for Products is made available to the Customer 3 working days after processing of his order, at the warehouse address : Dartess IZON, 95 Rte d'Anglumeau, 33450 Izon. The Customer may book a collection slot by clicking on the link given in the email confirming availability and come to collect the Products Monday to Friday excluding public holidays, from 9 a.m. to 6 p.m. This service is free of charge.
The Customer has a period of one (1) month from the notice of availability to collect the Product(s) ordered. Failing collection within the allotted period, storage charges will be invoiced in addition to the purchase price of the Product(s) ordered, amounting to 1.60 euros including tax per Product ordered and per month. Any month started is due in full. The calculation of these charges begins from the month following the allotted period. The storage charges will be invoiced when the Customer collects his order.
Furthermore, failing collection within the stated period, U’WINE may also, after formal notice to the Customer has remained without effect, terminate the order as of right and retain the deposit paid by way of indemnity.
In any event, the Customer receives the Products ordered in cardboard boxes or in wooden cases, according to the Customer’s wishes expressed at the time of purchase of the Products, subject to the packaging available.
Delivery is made by direct handover of the Products covered by the order to the Customer or, failing that, by sending a notice of availability to the Customer.
- Storage
The Customer has the option of storing his bottles of wine in the warehouses of the company Dartess, a provider of wine logistics and storage services, registered with the Bordeaux Trade and Companies Register under number 424 185 544, whose registered office is at 53 rue du Déhez – 33290 Blanquefort.
The Customer must first enter into a storage services contract with the company Dartess.
The storage charges will be invoiced to the Customer by the company Dartess each month. For information, Dartess’s storage charges as at 1 January 2026 are as follows :
- Storage : €0.0966 including tax per col/month ;
- Storage insurance : €0.0145 including tax per col/month ;
That is : €0.111 including tax per col/month.
The storage charges may be amended each year.
U’WINE SAS remains the Customer’s point of contact for any request for information relating to the wines stored in the warehouses of the company Dartess and/or any delivery request.
If the Customer has not entered into a storage services contract with the company Dartess or if the Customer does not pay the storage and insurance charges to the company Dartess, the latter will invoice U’WINE SAS for the Customer’s storage and insurance charges. In this context, U’WINE SAS will re-invoice the Customer for the storage and insurance charges at least once a year on 30 September of each year or on the 1st of each month for the current month, as the case may be. U’WINE SAS may apply a mark-up of 50% on the Dartess storage and insurance charges to cover its administrative costs. For information, the storage and insurance charges as at 1 January 2026 that may be invoiced by U’WINE SAS are as follows :
- Storage : €0.1449 including tax per col/month ;
- Storage insurance : €0.0217 including tax per col/month ;
That is : €0.166 including tax per col/month.
The storage and insurance charges may be amended each year.
6.2 Invoice for the delivery
Payment for the Products is made in full at the time of the order. No deferral of payment may be granted without our prior express consent.
Orders are only final upon receipt of payment in full of the price of the Products.
The invoice is made available to the Customer once delivery has been carried out.
6.3 Delivery period
U’WINE undertakes to deliver the Products ordered within a maximum period of thirty (30) working days after receipt of the order for Products in the case of Deliverable Wines, or after the Products have been made available in the case of En Primeur Wines. Any delivery period of less than thirty (30) days that may be indicated on the Site or the Application is purely indicative and shall not be binding on U’WINE.
6.4 Late delivery
If the Product ordered is not delivered on the date or at the expiry of the period stated on the order form, the Customer may require U’WINE to perform its delivery obligation within a reasonable additional period.
In the event of failure to comply with this requirement, the Customer may then terminate the Contract by registered letter with acknowledgement of receipt.
7. Receipt of the products and inspection
As U’WINE acts as an intermediary in the distribution chain of the Products offered for sale, it may under no circumstances be held liable in the event of a defect in the quality of the wine occurring at the wine production stage (vinification, bottling) and equated with a corked taste or premature oxygenation.
In the event of damage (e.g. breakage, damaged parcel) or missing items, it is for the Customer to check the condition of the Products and to make all necessary findings, by expressing reservations on the delivery note or on the transport receipt, and where appropriate to refuse the Product(s). He shall notify U’WINE within three (3) days following receipt of the Products by email, at the following address : you@uwine.fr.
After the defects or anomalies have been established by U’WINE, the latter will replace the Products with identical or equivalent ones. In the event that the product is out of stock, U’WINE will reimburse the Customer up to the price of the damaged Product, without any further additional indemnity being granted to him.
8. Transfer of risk
Risk is transferred at the time when the Customer or any third party designated by him has taken physical possession of the Products.
9. Right of withdrawal
In accordance with article L.221-18 of the Code de la consommation (French Consumer Code), the Customer has a right of withdrawal of fourteen (14) clear days from the day on which the Customer or a third party designated by the Customer took possession of the Product(s) ordered.
To exercise this right, the Customer must inform U’WINE of his decision to withdraw before the expiry of the fourteen (14) day period by a clear statement expressed by email to the following address you@uwine.fr or by post to the following address U’WINE, 13 allées de Chartres – 33 000 Bordeaux.
Once the return has been expressly validated by U’WINE, it is incumbent on the Customer to return the Products without fail in their original condition and packaging, together with a copy of the purchase invoice, to the following address : U’WINE, 13 allées de Chartres – 33 000 Bordeaux.
Refunds will be made using the means of payment that the Customer used for the initial transaction, unless the Customer requests the use of another method of refund.
Any damaged Product will be neither taken back, nor exchanged, nor refunded.
By way of exception, these provisions will not apply to the contracts listed in articles L.221-2 and L.221-28 of the Code de la consommation and, in particular : to orders for products that are the subject of a customisation or of a specific request by the Customer at the time of his order (special formats, personalised packaging, etc.), to orders for alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond U’WINE’s control (e.g. En Primeur Wines).
10. Legal warranties on the products
10.1 Legal warranty of conformity
In application of articles L.217-3 to L.217-13 of the Code de la consommation, U’WINE warrants the conformity of the Products offered for sale on its Site and its Application.
The Customer, in his capacity as a consumer, has a period of two (2) years from the day of delivery of the Product to obtain the implementation of the legal warranty of conformity in the event of a lack of conformity appearing, subject to establishing the existence and not the date of appearance of the said lack of conformity.
By virtue of the legal warranty of conformity, U’WINE will repair or replace the Customer’s Product within thirty (30) days following his request, at no cost and without major inconvenience to him.
Extensions to the initial warranty period are provided for under the conditions of article L.217-13 of the Code de la consommation.
10.2 Legal warranty against hidden defects
In application of articles 1641 to 1649 of the Code civil (French Civil Code), the Customer, in his capacity as a consumer, benefits from a legal warranty against hidden defects for a period of two (2) years from the discovery of the defect.
The Customer invoking this warranty may obtain a reduction in the price if the Product is kept, or a full refund in return for the Product being handed back.
11. Termination of the sale
U’WINE reserves the right to terminate the sale of Products immediately in the event of the Customer’s breach of any of his obligations under these general terms and conditions of sale, upon simple finding of such breach notified to the Customer by registered letter with acknowledgement of receipt.
12. Force majeure
U’WINE’s liability under the obligations of these general terms and conditions of sale and of an order for Products cannot be incurred where the non-performance of its obligations results exclusively from an event of force majeure, as defined by article 1218 of the Code civil.
13. Intellectual property rights
The Site and the Application as well as all the documents, texts, codes, contents, software, music, sounds, graphics, photographs, illustrations, drawings, names, logos, trade marks, formats, files, devices and links (hereinafter the « Contents ») that they contain or to which they are linked are protected by copyright, trade mark law or any other intellectual property right belonging exclusively to U’WINE or to third parties holding these rights and having authorised U’WINE to use them.
While any person visiting our Site or our Application has the right to consult these Contents, no one is entitled to reproduce or represent them, in whole or in part, for any reason whatsoever, on any medium whatsoever, for purposes other than their mere use, save with the express, written and prior agreement of U’WINE.
14. Hypertext links
The Site and the Application may contain links to other Internet sites or other Internet sources. U’WINE is not in a position to control all of these external sites and sources. Consequently, it cannot be held liable :
(i) for the content, the advertisements, the products, the services or any other element available on these external sites or sources ; and/or
(ii) for any loss or damage, direct or indirect, resulting directly or indirectly from the use of the content, the advertisements, the products, the services or any other element available on these external sites or sources.
15. Personal data and provisions relating to the Site and the Application
15.1 Protection of personal data
U’WINE is led to collect, in its capacity as data controller, personal data concerning the Customer and to process them in computerised memory in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons.
The Customer may consult U’WINE’s personal data protection policy on the site.
To exercise his rights of access, rectification and objection, the Customer must write to U’WINE, 13 Allée de Chartres, 33000 Bordeaux or by email : you@uwine.fr.
15.2 Management of Cookies
While browsing our Site or our Application, cookies may be placed on the device of Customers or of mere users of these platforms.
For more information on the way in which U’WINE manages cookies, we invite you to consult our privacy policy.
16. IT security
The hardware and software necessary for access to the Internet, to the Site and to the Application are the responsibility of the Customers and visitors of the said platforms.
U’WINE implements appropriate technical and organisational measures in order to guarantee a level of security suited to the protection of your personal data against any destruction, loss, alteration, disclosure, unauthorised access or any other forms of unlawful processing. However, U’WINE does not warrant that the Site or the Application are protected against any loss, corruption, attack, virus, interference, hacking or any other breach of security. Accordingly, U’WINE disclaims all liability in this respect.
Likewise, U’WINE cannot warrant that the use of its Site or its Application will take place without interruption or error. The Customer accepts that U’WINE may periodically withdraw access to its Site or its Application for indeterminate periods, or discontinue the Site or the Application at any time without notice.
17. U’WINE’s liability
Save in the event of a breach by U’WINE of one of its obligations, its liability cannot be incurred for any loss or damage, direct or indirect, resulting from or in connection with :
(i) access to the Site or to the Application ;
(ii) any content displayed on the Site or the Application ;
(iii) any use of a Product purchased on the Site or the Application that does not comply with the intended purpose of that Product ;
(iv) more generally, any loss or damage, direct or indirect, whatever its cause or consequence, that may arise following access to the Site or to the Application and resulting from any information originating directly or indirectly from the Site.
18. Settlement of disputes
18.1 Applicable law
These general terms and conditions are governed by French law.
The general terms and conditions are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
18.2 Customer service – Complaints
The Customer may submit any complaint by contacting U’WINE by email at the following address : you@uwine.fr, or by post to 13 allées de Chartres –33000 Bordeaux (France).
U’WINE has a period of two (2) months to reply to it.
18.3 Mediation
In the event that the complaint to the customer service is unsuccessful or in the absence of a reply from that service within a period of two months, the Customer may refer the matter free of charge to the Mediator of the Fédération professionnelle du e-commerce et de la vente à distance (FEVAD), located at 60 rue de la Boétie 75008 PARIS, whose email address is as follows : mediateurducommerce@fevad.com. For further information, you may consult the following website : https://www.mediateurfevad.fr
In the event that mediation is unsuccessful, you remain free to submit your dispute to the competent courts.
18.4 Disputes
In the event of disputes relating to the validity, the interpretation or the performance of these general terms and conditions, the French courts have jurisdiction, save for any mandatory international provision to the contrary.
In the event of a dispute with a consumer, jurisdiction shall lie with the court of the place where the defendant resides, the court of the place where the consumer resided at the time the Contract was concluded or the court of the place where the harmful event occurred, in application of article R. 631.3 of the Code de la consommation.
SECTION CONCERNING THE PRE-CONTRACTUAL INFORMATION RELATING TO THE MANDAT CAVE INVEST (MANDAT CLUB DEAL) AND TO THE CAVE CONSO (CAVE LIBERTÉ)
The Customer may subscribe to the investments in miscellaneous assets entitled Mandat Cave Invest (Mandat Club Deal) or Cave Conso (Cave Liberté) on the Site or the Application. In this section the Customer will be referred to by the term « Investor ».
1. Presentation of the Mandat Cave Invest (Mandat Club Deal).
The Investor must read the information document registered with the Autorité des Marchés Financiers (the French financial markets authority) under number D-17-01 on 5 May 2017 (the « Mandat Cave Invest Information Document ») and in particular the risk factors, the fees and commissions, the performance scenarios and the taxation. This document may be downloaded on the Site or the Application within the subscription process. The main characteristics of the Mandat Cave Invest (Mandat Club Deal) are as follows :
- Objective of the Mandat Cave Invest (Mandat Club Deal). The Mandat Cave Invest (Mandat Club Deal) makes it possible to invest in « Grands Crus » mainly en primeur and by allocation with a view to reselling them in the short/medium term with the aim of making a capital gain. The term « Grands Crus » designates French wines, in particular from the regions of Bordeaux and Burgundy, as well as high-quality foreign wines. U’WINE SAS offers Investors to enter into a services agreement under which the Investor instructs U’WINE SAS to select, reserve and purchase the wines on his behalf and to resell them in the short/medium term. The Investor has the option of requesting, at any time, the delivery of all or part of the wines for his personal consumption.
- Amount of the investment. The Investor freely sets the amount of his investment from a minimum amount of €10,000.00.
- Recommended duration. The recommended duration of this investment is between 5 years and 10 years depending on the profile of the wines.
- Storage of the bottles. The wines are stored in the warehouses of the company Dartess (RCS Bordeaux 424 185 544) whose registered office is located at 53 rue du Déhez 33290 Blanquefort, France. The Investor will necessarily enter into a storage services agreement with the company Dartess. Storage may also be located in the territory of another country (e.g. China, United States) with a view to finding liquidity on the market of that country. In this case, the wines will remain at their place of storage until they are sold, without any possibility of repatriation to France.
- Investor’s right over the wines. The investor owns the wines purchased on his behalf by U’WINE SAS under the conditions specified in the Mandat Cave Invest (Mandat Club Deal) Information Document.
- Option to terminate the Mandat Cave Invest (Mandat Club Deal). The investor may freely terminate the Mandat Cave Invest (Mandat Club Deal) at any time, it being specified that before the expiry of a period of 3 years, termination is only possible if the wines have been bottled and delivered to the warehouses of the company Dartess. In the event that the wines are stored abroad, the sale process will have to run to its end without any possibility of repatriation to France.
- Typical profile of the Investor concerned. The Mandat Cave Invest (Mandat Club Deal) is aimed at Investors of at least 18 years of age (for natural persons) who wish to diversify part of their savings, up to a maximum of 5%, into an investment other than financial securities and/or real estate and/or to build up a « heritage » cellar for their personal consumption. The Investor must regard this investment as a medium or even long-term investment and have sufficient liquidity to pay the annual fees.
- Risk factors. The risk factors of the Mandat Cave Invest (Mandat Club Deal) are presented in the Mandat Cave Invest (Mandat Club Deal) Information Document. The main risks are the risk linked to the decisions to select and purchase the wines, the risk of capital loss on the resale of the wines and the risk of illiquidity of the investment depending on the state of the market.
- Warning. U’WINE draws the investor’s attention to the fact that the wine sector has been going through an unprecedented crisis since 2023, strongly affecting the resale price of wines and their liquidity. The investor is invited to seek information before entering into the Mandat Cave Invest (Mandat Club Deal).
2. Presentation of the Cave Conso (Cave Liberté).
The Investor must read the information document registered with the AMF under number D-23-01 on 16 July 2023 (the « Cave Conso Information Document) and in particular the risk factors, the fees and commissions, the performance scenarios and the taxation. This document may be downloaded on the Site or the Application within the subscription process. The main characteristics of the Cave Liberté are as follows :
- Objective of the Cave Conso (Cave Liberté). The Cave Conso (Cave Liberté) makes it possible to invest in « Grands Crus » composed of deliverable wines (ready to drink) and/or wines en primeur or by allocation with a view to tasting them in the medium term while retaining the option of reselling them on the Place de Marché U’WINE under certain conditions (see below). The term « Grands Crus » designates French wines, in particular from the regions of Bordeaux and Burgundy, as well as high-quality foreign wines.
- Selection of the wines. The Investor chooses his wines himself via the Site or the Application, subject to the wines available.
- Storage of the bottles. The investor may keep the wines himself or entrust their storage to the company Dartess (RCS Bordeaux 424 185 544) whose registered office is located at 53 rue du Déhez 33290 Blanquefort, France. The Investor’s attention is drawn to the fact that only wines kept permanently by the company Dartess may be resold on the Place de Marché U’WINE (see below).
- Typical profile of the Investor concerned. The Cave Conso (Cave Liberté) is aimed at Investors of at least 18 years of age (for natural persons) who wish to build up a « heritage » cellar by diversifying part of their savings up to a maximum of 5%. This investment must be regarded as a « pleasure investment » with a primary objective of consumption and a secondary objective of resale.
- Amount of the investment. The Investor freely sets the amount of his investment with no minimum amount.
- Recommended duration. Where the objective is resale on the Place de Marché U’WINE, the recommended holding period is between 5 years and 10 years depending on the profile of the wines.
- Investor’s right over the wines. The Investor owns the wines under the conditions specified in the Cave Conso (Cave Liberté) Information Document.
- Option to resell the wine on the Place de Marché U’WINE. The Investor has the option of reselling all or part of his wines on the Place de Marché U’WINE accessible via the Site or the Application, subject to compliance with certain conditions : (i) the wine must have been purchased through U’WINE ; (ii) the wine must not have been identified by U’WINE as unsuitable for resale (information appearing in the online product sheet at the time of purchase of the wine) ; (iii) the wine must have been kept by the company Dartess permanently since its purchase ; and (iv) the sale price will be set by U’WINE (average BtoC price supplied by a marketplace). U’WINE SAS does not guarantee the resale of the wines on the U’WINE marketplace.
- Risk factors. The risk factors of the Cave Conso (Cave Liberté) are presented in the Cave Conso Information Document. The main risks are the risk linked to the decisions to select and purchase the wines, the risk of capital loss on the resale of the wines and the risk of illiquidity of the investment depending on the state of the market.
- Warning. U’WINE draws the investor’s attention to the fact that the wine sector has been going through an unprecedented crisis since 2023, strongly affecting the resale price of wines and their liquidity. The investor is invited to seek information before subscribing to the Cave Conso (Cave Liberté) if his objective is to resell the wines.
3. Online subscription to the Mandat Cave Invest (Mandat Club Deal) and to the Cave Conso (Cave Liberté).
The Investor undertakes to complete the registration form by providing accurate, complete and up-to-date information. The Investor must fill in all the mandatory fields appearing in the registration forms. The Investor also undertakes to update the registration form without delay in the event of a change in his situation. U’WINE SAS may not be held liable in the event that it has not been informed of a change in the Investor’s situation.
The Investor must answer a « know your customer » questionnaire covering (i) his knowledge and experience of wine and of investment, (ii) his tolerance to risk and (iii) his objectives.
It is important that the Investor answers the questionnaire truthfully. Indeed, it makes it possible to check whether the Mandat Cave Invest (Mandat Club Deal) and/or the Cave Conso (Cave Liberté) are suited to his profile. Failing this, the Investor is warned that the Mandat Cave Invest (Mandat Club Deal) and/or the Cave Conso (Cave Liberté) are liable to be unsuited to his needs and to expose him in particular to the risk of capital loss.
Prior to entering into the Mandat Cave Invest (Mandat Club Deal) and/or the Cave Conso (Cave Liberté), the Investor must read the following documents :
(i) The Mandat Cave Invest (Mandat Club Deal) Information Document ; and/or
(ii) The Cave Conso (Cave Liberté) Information Document ; and
(iii) The general terms and conditions of services applicable to the Mandat Cave Invest (Mandat Club Deal) and to the Cave Conso (Cave Liberté) with U’WINE SAS ;
(iv) The storage services contract with the company Dartess.
The fees and commissions invoiced by U’WINE and by the company Dartess are specified in these documents.
These documents may be downloaded on the Site or the Application.
Under the special conditions, the Investor will be asked to provide his identity, his date of birth, his place of residence and the means of payment used. U’WINE reserves the right to ask the Investor to provide evidence of this information.
Lastly, the Investor will be offered to sign the following documents electronically :
(i) The special conditions with U’WINE SAS ;
(ii) The storage services contract with Dartess : the conclusion of this contract is mandatory where the Mandat Cave Invest (Mandat Club Deal) and the Cave Conso (Cave Liberté) are selected if the Investor wishes to resell his wines on the Place de Marché U’WINE ;
(iii) A SEPA direct debit mandate authorising U’WINE to debit fees from his personal bank account under the conditions set out in the general terms and conditions of services ;
(iv) A SEPA direct debit mandate authorising Dartess to debit fees from his personal bank account under the conditions set out in the storage services contract.
4. Right of withdrawal in the event of distance conclusion of the investments in miscellaneous assets entitled Mandat Cave Invest (Mandat Club Deal) and Cave Conso (Cave Liberté)
In accordance with articles L. 222-1 et seq. of the Code de la consommation and in particular article L. 222-7, the Investor having the status of consumer within the meaning of French law has a withdrawal period of fourteen (14) full calendar days to exercise his right of withdrawal, without having to give any reason or bear any penalties, from (a) the date of conclusion of the contract or (b) the date on which the Investor receives the contractual terms if that latter date is later than the one mentioned in (a). Where the keeping of the wine is delegated to Dartess, the Investor designates that warehouse keeper to take delivery of the wine on his behalf.
The right of withdrawal is exercised either by completing the form reproduced in the appendix, or by sending an unambiguous statement expressing the wish to withdraw and mentioning the contract concerned by that withdrawal to the following address : you@uwine.fr. An acknowledgement of receipt is then sent to the Customer. Where the right of withdrawal is exercised within the aforementioned period, the return costs are borne by the Investor.
Where wines have been delivered to the Investor, the latter shall return the wines to U’WINE, without undue delay and, at the latest, within 14 days following the communication of his decision to withdraw. The refund will be made within a period of 14 days from the notification of the Investor’s decision to withdraw. However, the refund will be deferred until the wines have been recovered or until the Investor has provided satisfactory proof of dispatch of these goods, whichever of these two events occurs first.
5. Complaints – Mediation
In the event of a complaint concerning the Mandat Cave Invest (Mandat Club Deal) or the Cave Conso (Cave Liberté), U’WINE SAS may be contacted in the following ways :
- by email : contact@uwine.fr, or
- by post : 13 allées de Chartres – 33000 Bordeaux (France).
U’WINE has a period of ten (10) working days to acknowledge receipt of the Investor’s complaint and two (2) months to reply to it.
In the absence of a reply to the complaint within the period of two (2) months or if the reply given does not suit the Investor, the latter may contact, free of charge, the mediator of the Autorité des marchés financiers preferably by electronic form on the AMF website, https://www.amf-france.org/fr/le-mediateur-de-lamf/votre-dossier-demediation/vous-voulez-deposer-une-demande-de-mediation or by post, to the address 17 place de la Bourse 75082 Paris cedex 2.
If the Mediator’s proposal does not satisfy the Investor, the latter is free to refer the matter to the competent court.
APPENDIX : MODEL WITHDRAWAL FORM
Appendix to article R. 221-1 of the Code de la consommation
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of the company U’WINE SAS whose registered office is located at 13 allée de Chartres 33 000 Bordeaux
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*) for the supply of the following service (*) :
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper) :
Date :
(*) Delete as appropriate.
