Download the General Terms and Conditions of Services.

U’WINE SAS is a wine merchant whose registered office is located at 13 allée de Chartres 33000 Bordeaux (France). It is registered with the Bordeaux trade and companies register under no. 522 015 692 (hereinafter referred to as « U’WINE SAS »).

The customer as defined in the particular conditions is hereinafter referred to as the « Customer » or the « Investor ».

The Customer is deemed to have the status of consumer within the meaning of French law, provided that 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 SAS are referred to individually as a « Party » and together as the « Parties ».

These general conditions form an indivisible whole with the particular conditions, it being understood that in the event of a contradiction between the terms of the general conditions and those of the particular conditions, the latter shall prevail. Unless expressly stipulated otherwise, the general conditions and the particular conditions of U’WINE SAS’s service offers are collectively referred to as the « Contract ».

To the extent that the Parties have already entered into the Contract, these general conditions shall replace the previous ones as from 6 October 2024. In other cases, they shall apply as from the date of signature of the Contract.

SECTION SPECIFIC TO THE U’WINE - Cave INVEST OFFER

1. U’WINE - Cave INVEST offer

This section relating to the U’WINE - Cave INVEST offer must be read together with the information document registered with the Autorité des Marchés Financiers (the French financial markets authority, AMF) under number D-17-01 on 5 May 2017 (the « AMF Information Document - Cave INVEST »). 

2. Risk factors

2.1 The Investor is invited to take into consideration all the information contained in the AMF Information Document – Cave INVEST, including the risk factors, before deciding to invest in wine under the U’WINE - Cave INVEST offer. The risks described in the AMF Information Document - Cave INVEST are the following :

• Risk related to climatic hazards ;
• Risk related to the decisions on the selection and purchase of the wines / Vintage risk ;
• Risk related to the allocations of wines en primeur and allocations ;
• Counterparty risk with regard to the estates and the merchants ;
• Risk related to the deferral of the transfer of ownership of the wines purchased en primeur and allocation ;
• Risk of deterioration in the quality and the valuation of the wine ;
• Risk of capital loss on the resale of the wines ;
• Risk of illiquidity of the investment ;
• Risk related to insurance ;
• Exchange rate risk ;
• Tax risk.

2.2 The Investor is invited to consult his usual advisers, in particular legal, tax or financial advisers, in order to satisfy himself that the U’WINE - Cave INVEST offer is suited to his personal situation, in particular financial and tax, as well as to his objectives.

3. Main characteristics of the U’WINE - Cave INVEST offer

The main characteristics of the U’WINE - Cave INVEST offer are the following :

• Minimum investment amount : 10.000 € ;
• Selection of the wines : selection delegated to U’WINE SAS according to one of the three portfolio profiles (Rising Star, Famous Second and Legend) chosen by the Investor ;
• Packaging (only for wines purchased en primeur or allocation) : U’WINE SAS will select the original packaging ;
• Transport of the wines between the partners’ warehouses : delegated to U’WINE SAS ;
• Storage & storage management : delegated to U’WINE SAS, which subcontracts the storage to professional warehouse keepers ;
• Valuation of the wines : U’WINE SAS will provide an indicative valuation of the wines via the U’WINE applications (website, mobile or tablet application) ;
• Exit method : sale of the wines delegated to U’WINE SAS ;
• Delivery : the Investor may request the delivery of his wines at any time.

4. Investment universe - Market opportunities - Legends, Famous Seconds and Rising Stars portfolio profile

4.1 Purpose. The U’WINE - Cave INVEST Offer allows investment in Grands Crus purchased mainly en primeur and allocation. The terms « Grands Crus » refer to French wines, in particular from the Bordeaux and Burgundy regions, as well as foreign wines of great quality. U’WINE SAS will also have the option of investing in Grands Crus as « livrable » (wines already bottled) sold on attractive terms (Market opportunities), up to a maximum of 30% of the Investor’s portfolio. 

4.2 Commission/Mandate. The Investor gives a mandate to U’WINE, in its capacity as commission agent within the meaning of articles L. 132-1 et seq. of the French Commercial Code and article 256-V of the French General Tax Code, which accepts it, in order to purchase the wine en primeur, in allocation or as livrable, to coordinate the transport and storage of the wine bottles and to sell them on behalf of the Investor to professionals. The Investor also gives a mandate to U’WINE SAS, which accepts it, to sell the wine on the U’WINE marketplace and to collect the funds in its name and on its behalf.

4.3 Wine profiles. The wines will be purchased in accordance with one of the three portfolio profiles : Legends, Famous Seconds or Rising Stars. The Investor will select the profile of his portfolio in the particular conditions.

4.4 Characteristics of the wine profiles. The characteristics of each portfolio profile and of the corresponding wines are described in the AMF Information Document - Cave INVEST. The list of the wine bottles belonging to each profile is available on the U’WINE applications (website, mobile or tablet application) or on simple request free of charge from U’WINE SAS. Any photographs illustrating the wines have no contractual value.

4.5 Compliance. The wines comply with the requirements of French law in force, with the safety and health of persons, with the fairness of commercial transactions and with consumer protection, at the time they are placed on the market.

4.6 Time limit for delivery of the wines to the U’WINE warehouses. The wines purchased en primeur and allocation are delivered bottled at the end of a period of between 18 months and 24 months maximum after the date of purchase as regards en primeur wines, and 9 months maximum as regards allocations. 

4.7 Availability of the wines. It is possible that certain wines may not be available for purchase or at the prices envisaged. U’WINE SAS may then either reduce the amount of the investment or propose wines of another profile after prior information of the Investor. The Investor will communicate his decision to U’WINE SAS by email or letter within seven (7) calendar days following the communication of that information. Failing this, the amount of the investment will be automatically reduced and the corresponding sum refunded to the Investor. 

4.8 Deferral of the transfer of ownership of the wines purchased en primeur and allocation. The estates will deliver the wines purchased en primeur and allocation to the warehouse keeper partner of U’WINE SAS within a period of between 18 months and 24 months maximum following confirmation of the order as regards en primeur wines, and within a period of 9 months maximum as regards allocations. As from that delivery, the wines will be individualised by investor. The individualisation of the wines effects the transfer of ownership for the benefit of the investor. As long as the wines have not been individualised, that is to say during the delivery period of between 18 months and 24 months maximum as regards en primeur wines and of 9 months maximum as regards allocations, the investor will hold only a claim right against U’WINE SAS.

5. Release of the funds

5.1 The amount of the investment commitment is fixed in the particular conditions of the U’WINE - Cave INVEST offer. The release of the funds will be called in one or more instalments depending on the number of vintages selected. A first deposit invoice calling for the release of the funds of the first vintage will be sent to the Investor 14 days after the signature of the U’WINE Contract. The calls for funds of the following vintages will be made each year in the month of October. The Investor undertakes to make the payments requested within a maximum period of thirty (30) calendar days after receipt of that invoice. The Investor’s attention is drawn to the fact that a purchase transaction may fail as a result of a delay in or a default of payment.

5.2 If the Contract is concluded at a distance with an Investor having the status of consumer within the meaning of French law, the Contract will not be performed before the expiry of the 14-day period without the agreement of that consumer (Cf. infra Article 42 - Right of withdrawal).

6. Methods of technical management of the wines

6.1 Packaging of the wines (only for wines purchased en primeur or allocation). U’WINE SAS will select the original packaging (wooden cases or cartons of 1, 2, 3, 6 bottles of 75cl, or of 1, 2, 6 magnums, or other large formats) allowing the bottling costs, the investor’s logistics costs and the wine resale strategy to be optimised. In order to optimise the order preparation costs and the delivery costs upon delivery to the Investor or to the purchaser, U’WINE SAS will propose packaging in recycled and recyclable cardboard. The bottling costs are borne by the Investor.

6.2 Transport between the warehouses of the partners of U’WINE SAS. The Investor delegates the transport of the bottles to U’WINE SAS, which will subcontract it to transport professionals selected in consideration of their competence and reputation. U’WINE SAS will use its best efforts to manage the transport of the bottles under appropriate conditions. The Investor not acting in the capacity of consumer will bear the costs and risks related to the transport of his wines. 

6.3 Storage in France. The Investor delegates the storage of the bottles to the company Dartess, a public limited company registered with the Bordeaux Trade and Companies Register under number 424 185 544, whose registered office is located at 53 rue du Déhez – 33290 Blanquefort (France). In this respect, the Investor will enter into a storage services contract with the company Dartess at the time of conclusion of these conditions. 

Notwithstanding the foregoing, U’WINE SAS remains the Investor’s contact for any request for information relating to the wines stored in the warehouses of the company Dartess and/or any delivery request. 

The Investor instructs U’WINE SAS to have his wines transported from the estates or châteaux to the warehouses of the company Dartess, which will receive them on behalf of the Investor. 

6.4 Transport and storage outside France. In order to find liquidity on the wine market, U’WINE SAS may sell the Investors’ bottles on a foreign market through any distribution partner, in particular one specialising in the sale of wine on the internet. In this respect, the Investor delegates the transport and storage of the bottles to U’WINE SAS, which will call upon a professional in the transport and storage of wines abroad selected in view of his competence and reputation. The Investor not acting in the capacity of consumer will bear the costs and risks related to the storage of the wines. 

6.5 Delivery to the Investor or to any person he designates. The Investor delegates the delivery of the bottles to U’WINE SAS, which will subcontract it to transport professionals selected in view of their competence and reputation. The Investor not acting in the capacity of consumer will bear the costs and risks related to the delivery of the wines. In addition, the Investor will have to bear VAT at the rate in force in the event of delivery. 

6.6 Transfer of risk. The entirety of the risks of loss of or damage to the wines is transferred to the Investor acting in the capacity of consumer when the Investor – or any third party designated by him – takes physical possession of the wines.

6.7 Insurance. In respect of the transport, the storage outside the Dartess warehouses and the delivery, the wines are covered by an insurance contract in accordance with the conditions and limits of that contract. The insurance costs are included in the storage, transport and delivery costs. As regards the insurance of the storage in the warehouses of the company Dartess, the Investor is invited to refer to the conditions of the storage services contract concluded between the Investor and the company Dartess. 

7. Indicative valuation of the wines

7.1 There is to date no official wine price list, nor any regulated wine market. The price lists or other indices available on the market offer only an indicative value and each body communicates a valuation according to its own information and its own methodology. It is recalled that past performance is no guide to future performance. 

7.2 U’WINE SAS will provide, for information purposes, two valuations in principle each month : the first aims to reflect the sale price of the wine bottles on the professional market (B2B valuation) and the second on the private individual market (B2C valuation). The Investor may consult the valuation of his bottles and of his portfolio on the U’WINE applications (website, mobile and tablet application) or free of charge on simple request by the Investor to U’WINE SAS. The wine valuation methodology is set out in the AMF Information Document – Cave INVEST.

7.3 U’WINE SAS does not guarantee the resale of the wines nor the resale price of the wines, which may deviate downwards from the indicative valuations. In this respect, U’WINE SAS stipulates that it may in no case be held liable for the financial performance of the wines or for their lack of liquidity on the market.

7.4 U’WINE SAS communicates each year to the Investor a management report summarising the B2B and B2C value of his bottles and, overall, of his portfolio.

8. Liquidation of the Cave INVEST portfolios : resale and/or delivery

8.1 Before any offer for sale, U’WINE SAS will inform the Investor by email of the divestment strategy for all or part of the wines. The Investor will have fifteen (15) calendar days to make a change (delivery or retention in the portfolio). Failing a reply within that period, U’WINE SAS will proceed with the sale of the wines.

8.2 U’WINE SAS will offer the wines for sale under the following conditions :

• Firstly, U’WINE SAS offers the wines for sale on the U’WINE marketplace accessible via the U’WINE applications and/or the partners of U’WINE SAS ;
• After 8 years of storage and at least 18 months of being offered for sale, the wines are deemed illiquid. The Customer may request by email the rapid liquidation of the portfolios/wines concerned. U’WINE SAS will propose various « degraded exit » options (auctions at a degraded price or another option). In the event of a degraded exit, U’WINE SAS will not invoice any distribution costs.

8.3 Unsuccessful sales. In the event that U’WINE SAS is unable to resell the wine bottles, the Investor may decide to :  

• continue the storage of the wine bottles with a view to reselling them at a later date ; or
• request the delivery of the wine bottles, save in a particular situation (e.g. : wine stored in China).

At any time, the Investor may ask U’WINE SAS to withdraw his wines from sale free of charge subject to three (3) working days’ notice. 

8.4 In the event of a lack of liquidity on the wine market, U’WINE SAS may suspend the offering for sale of the Investor’s wines. It will inform the Investor beforehand (via the U’WINE applications, by email or letter) and will propose alternative options to him.

8.5 Proceeds of the sale. The proceeds of the sale of the wine bottles paid to the Investor will correspond to the sale price less the costs and commissions owed by the Investor to U’WINE SAS (Cf. infra Article 9 Annual management fees, logistics costs, distribution costs and taxes). At the request of U’WINE, the Investor undertakes to communicate to it as soon as possible the details of his bank account in order to enable U’WINE SAS to reimburse him. U’WINE SAS may not be held liable if the Investor does not reply to its request within a reasonable time.

8.6 Delivery at the Investor’s request. The Investor may request the delivery of his wines at any time. The delivery time in France is of the order of 5 working days. The delivery costs are paid prior to delivery.

9. Annual management fees, logistics costs, distribution costs and taxes

9.1 Summary of the costs. A summary of the direct and indirect costs is presented in the AMF Information Document - Cave INVEST. 

9.2 Annual management fees. The annual rate of management fees of U’WINE SAS varies according to the level of commitment of the Investor :

• Cumulative commitment over 5 years below 50k€ : 1% ;
• Cumulative commitment over 5 years above 50k€ : 0.75% ;
• Cumulative commitment over 5 years above 250k€ : 0.50% ;
• Cumulative commitment over 5 years above 1m€ : 0.25%.

The rate of the management fees applies to the purchase value excluding tax of the wines under management as at 30 September of each year. The annual management fees are invoiced to the Customer at the end of the calendar year (December). The management fees will be applied for a period of ten consecutive years from the date of signature of the U’WINE - Cave INVEST offer. From the 11th year, the management fees are no longer invoiced.

9.3 Dartess storage costs. The company Dartess will invoice the storage costs each month directly to the Investor. The details of the monthly storage costs are set out in the storage services contract concluded between the Investor and the company Dartess. For information, the Dartess rates as at 1^st October 2024 :

• Storage : 0.096 € incl. VAT per month ;
• Storage insurance : 0.0144 € incl. VAT per month ;
• That is : 0.1104 € incl. VAT per month.

9.4 Storage costs outside Dartess (if the customer has not entered into a storage contract with Dartess or if the wines are kept outside France). The warehouse keeper invoices storage costs. The details of the monthly storage costs may be obtained from U’WINE SAS on simple request by the Investor. These costs may be modified each year. U’WINE SAS invoices the storage and insurance costs once a year as at 30 September of each year or on the 1^st of each month for the current month, as the case may be. For information, the storage and insurance costs are as follows (from 1^st October 2024) :

• Rising Stars wines : 0.96 € incl. VAT / EQ75 bottle / year (or 0.08 € incl. VAT / month).
• Famous Seconds wines : 1.44 € incl. VAT / EQ75 bottle / year (or 0.12 € incl. VAT / month).
• Legends wines : 1.92 € incl. VAT / EQ75 bottle / year (or 0.16 € incl. VAT / month).

9.5 Logistics costs. The details of the logistics costs (bottling costs, transport, insurance, order preparation and delivery) may be obtained by the Customer from U’WINE SAS on simple request. These costs may be modified each year, in particular as soon as economic circumstances require it. These costs are invoiced to the Customer at the end of the calendar year (December) of the year during which U’WINE SAS incurred them, or prior to delivery, as the case may be.

9.6 Distribution costs in the event of a completed sale. Distribution costs representing 25% of the resale price excluding tax are invoiced to the Customer in order to cover in particular the order preparation costs and the costs of payment by the purchaser. The distribution costs are invoiced to the Customer at the time of payment of the proceeds of the sale of the wines.

9.7 B2B Partner commission. In order to find liquidity on the wine market, U’WINE may call upon professional distributors specialising in the sale of wine on the internet (e-retailers). The amount of the commission depends on each B2B Partner. It is generally between 15% and 25% of the sale price of the wines excluding tax. The B2B Partner commission is added to the distribution costs of U’WINE SAS.

9.8 Taxes. The investment in wine will be made excluding VAT. For further information on the applicable taxation and in particular the date on which VAT and customs duties become chargeable, refer to the AMF Information Document – Cave INVEST.

10. Invoicing of a deposit for costs

10.1 A deposit for costs (bottling costs, management fees and logistics costs) will be assessed provisionally on the basis of a period of twelve (12) months. This deposit will be invoiced and deducted from the amount of the funds released at each call for funds, which the Investor accepts. It will be calculated on an actual basis as at 30 September of year N and will be subject to an adjustment no later than 31 March of year N+1. 

10.2 The costs actually borne by U’WINE SAS and which have not been advanced and/or paid by the Customer will become payable upon receipt of the invoice.

11. Recommended duration of the U’WINE - Cave INVEST offer

U’WINE SAS recommends a wine holding period of between five (5) years and ten (10) years depending on the wine profile.

12. Special cases

12.1 Contract concluded on behalf of a third party in the context of a gift. The U’WINE contract makes it possible to distinguish between the Investor and the Beneficiary (for example a parent who wishes to build up a cellar on behalf of a child). The Beneficiary will be the sole contact of U’WINE SAS for deciding on the exit arrangements for the wines (delivery, resale). The calls for funds will be made to the Investor and the deliveries and/or payments of the proceeds of sales will be made to the Beneficiary. The Investor undertakes to do what is necessary to make to the competent tax authorities all declarations required by law in relation to that gift within the prescribed time limits and to pay all taxes, registration duties or any other charges due, where applicable. If the Beneficiary is a minor under 18 years of age at the time of the gift, the Parties agree that U’WINE SAS will refrain from delivering the wines to him until he has reached the full age of 18.

12.2 Joint subscription to a U’WINE contract. U’WINE SAS accepts joint subscriptions to the U’WINE contract (subscription between friends, families or unmarried partners) on condition that each co-Investor signs a joint ownership agreement provided for that purpose.

12.3 Early exit from wines. The Customer may request the resale of all his wines from one or more portfolios, before the end of the holding period recommended by U’WINE SAS. U’WINE SAS will carry out the Customer’s request without additional invoicing. In the event of an early exit carried out within 18 months of the conclusion of the U’WINE contract, the deposit for costs will not be returned, even if it has not been entirely used. If wines are still being aged in barrel, their offering for sale on the market will only be possible after delivery of the bottles to U’WINE SAS (i.e. a period of between 18 months and 24 months after the date of purchase).

12.4 Transfer of ownership of a portfolio. The Customer may wish to transfer one or more of his portfolios for the benefit of the third party of his choice. U’WINE SAS will provide no expertise in wealth or tax matters and excludes all liability in that respect. The Investor will himself organise the transfer of ownership of the wines and undertakes to do what is necessary to make to the competent tax authorities all declarations required by law in relation to that transfer of ownership within the prescribed time limits and to pay all taxes, registration duties or any other charges due, where applicable. The transferor waives any recourse against U’WINE and undertakes to comply with the applicable tax legislation.

• In the event of a full transfer of a portfolio, an « agreement for the assignment of the U’WINE Contract » between U’WINE, the transferor and the transferee must be formalised and signed. That agreement will indicate the arrangements for the transfer of the U’WINE contract from the transferor to the transferee. 

• In the event of a partial transfer of a portfolio, a « notification of partial assignment of the portfolio » must be formalised and signed by the transferor and the transferee. That declaration will indicate the list of the wines transferred to a new U’WINE contract to be concluded, where applicable, the conditions of which will be similar to the first.

Transfer costs will be applied (cf. table of costs « special cases »).

U’WINE will not accept a transfer of a portfolio for the benefit of a minor under 18 years of age. 

12.5 Succession. In the event of the death of the Investor, the U’WINE – Cave INVEST offer will remain in force and will continue with the Customer’s beneficiaries. U’WINE will remain attentive to the decision of the beneficiaries to continue or to terminate the U’WINE – Cave INVEST offer in accordance with the terms hereof. Transfer costs per deed / annual portfolio of the mandate will be applied in the year in which the death of the Customer is notified (cf. table of costs « special cases »).

12.6 Table of costs « Special cases »

SECTION SPECIFIC TO THE U’WINE - Cave CONSO OFFER

13. U’WINE - Cave CONSO offer

This section relating to the U’WINE - Cave CONSO offer must be read together with the information document registered with the Autorité des Marchés Financiers (AMF) under number D-23-01 on 16 July 2023 (the « AMF Information Document - Cave CONSO »). 

14. Risk factors

14.1 The Investor is invited to take into consideration all the information contained in the AMF Information Document - Cave CONSO, including the risk factors, before deciding to invest in wine under the U’WINE - Cave CONSO offer. The risks described in the AMF Information Document - Cave CONSO are the following :

• Risk related to climatic hazards ;
• Risk related to the decisions on the selection and purchase of the wines / Vintage risk ;
• Risk related to the allocations of wines en primeur and allocations ;
• Counterparty risk with regard to the estates and the merchants ;
• Risk related to the deferral of the transfer of ownership of the wines purchased en primeur and allocation ;
• Risk of deterioration in the quality and the valuation of the wine ;
• Risk of capital loss on the resale of the wines ;
• Risk of illiquidity of the investment ;
• Risk related to insurance ;
• Exchange rate risk ;
• Tax risk.

14.2 The Investor is invited to consult his usual advisers, in particular legal, tax or financial advisers, in order to satisfy himself that the U’WINE - Cave CONSO offer is suited to his personal situation, in particular financial and tax, as well as to his objectives.

15. Main characteristics of the U’WINE - Cave CONSO offer

The main characteristics of the U’WINE - Cave CONSO offer are the following :

• Investment amount : no minimum ;
• Selection of the wines : the Investor selects the wines himself via the U’WINE applications (website, mobile and tablet application) subject to available stocks and allocations ;
• Packaging (only for wines purchased en primeur or allocation) : U’WINE SAS will select the original packaging ;
• VAT : applicable upon delivery in the event of consumption ;
• Transport of the wines between the partners’ warehouses : delegated to U’WINE SAS ;
• Storage & storage management : delegation to U’WINE SAS, which calls upon a warehouse keeper, mandatory in order to resell the wines in due course on the U’WINE marketplace ; optional delegation in other cases ;
• Valuation of the wines : U’WINE SAS will provide an indicative valuation of the wines via the U’WINE applications (website, mobile or tablet application) ;
• Option to resell the wine on the U’WINE marketplace : the Investor has the option of reselling all or part of his wines on the U’WINE marketplace accessible via the U’WINE applications (website, mobile or tablet application) subject to compliance with certain conditions (Cf. infra Article 20. Resale of the wines on the U’WINE marketplace) ;
• Delivery to the Investor : either after the purchase of the wine or at any time in the event of the wine being kept by U’WINE.

16. Investment universe

16.1 Purpose. The U’WINE – Cave CONSO offer allows investment in Grands Crus composed of deliverable wines (wines ready to drink) and/or wines purchased en primeur and allocation with a view to tasting them in the medium term. The terms « Grands Crus » have the meaning given to them in Article 4.1.

16.2 Selection of the wines. The investor may select the wine on the U’wine marketplace in three ways on the U’WINE applications (internet, mobile and tablet applications) : he may (i) compose his cellar himself on the basis of his own knowledge, (ii) he may use a selection aid tool or (iii) select a themed cellar. The investor is solely responsible for the selection of his wines. 

16.3 Wines outside the selection. The Investor may ask

U’WINE SAS to purchase wines not included in his selection. U’WINE will use its best efforts to respond favourably to the Investor’s requests without however guaranteeing the purchase of the wines requested. The transport of Wines not included in the U’WINE selection is likely to give rise to the invoicing of additional costs.

16.4 Characteristics of the wines. The characteristics of each category of wine are described in the AMF Information Document - Cave CONSO. The list of the wine bottles belonging to each category is available on the U’WINE applications (website, mobile and tablet applications) or on simple request free of charge from U’WINE SAS. Any photographs illustrating the wines have no contractual value.

16.5 Compliance. The wines comply with the requirements of French law in force, with the safety and health of persons, with the fairness of commercial transactions and with consumer protection, at the time they are placed on the market.

16.6 Time limit for delivery of the wines to the warehouses U’WINE. The wines are delivered bottled at the end of a period of between 18 months and 24 months after the date of purchase as regards en primeur wines, and 9 months maximum as regards allocations ; The wines purchased as livrable on the U’WINE marketplace are delivered immediately inasmuch as they are already in stock at the warehouse keeper partner of U’WINE. 

16.7 Deferral of the transfer of ownership of the wines purchased en primeur and allocation. The estates will deliver the wines purchased en primeur and allocation to the warehouse keeper partner of U’WINE SAS within a period of between 18 months and 24 months maximum following confirmation of the order as regards en primeur wines, and within a period of 9 months maximum as regards allocations. As from that delivery, the wines will be individualised by investor. The individualisation of the wines effects the transfer of ownership for the benefit of the investor. As long as the wines have not been individualised, that is to say during the delivery period of between 18 months and 24 months maximum as regards en primeur wines and of 9 months maximum as regards allocations, the investor will hold only a claim right against U’WINE SAS.

16.8 Transfer of ownership of the wines purchased as livrable on the U’WINE marketplace. The investor becomes the owner of the wines purchased as livrable upon confirmation of the order.

17. Payment

17.1 Conditions of payment. The Investor will pay the purchase price of the deliverable wines, allocations and en primeur wines :

• inclusive of all taxes in the event that he requests delivery of the wines for his consumption ;
• exclusive of tax in the event that he delegates the storage of the bottles to U’WINE SAS for later consumption or a possible resale.

17.2 In the event of the purchase of wines with a multi-year purchase commitment. The Investor may undertake to purchase wines each year for a number of years and an annual purchase amount which he will himself set. That commitment will enable the Investor to benefit from preferential price conditions.

The Investor is free to change the terms of his commitment at any time or even to cancel it, without penalty. However, in that case, he could lose the benefit of the preferential price conditions for the future.

The purchase commitment will be called according to the periodicity chosen for the amount initially set by the Investor. 

The Investor undertakes to pay the amount called within a maximum period of thirty (30) calendar days from receipt of the call. The Investor’s attention is drawn to the fact that a purchase transaction may fail as a result of a delay in or a default of payment.

The funds thus released will be credited to the investor’s Grands Crus Account. The latter may freely, in one or more instalments, purchase the wines of his choice on the U’WINE applications (website, applications for mobiles or tablets).  

17.3 Methods of payment. The investor may pay by bank card, by bank transfer or SEPA direct debit. The payment of the multi-year calls for funds must be made by bank transfer or SEPA direct debit.

17.4 Date of performance of the contract. If the Contract is concluded at a distance with an Investor having the status of consumer within the meaning of French law, the Contract will not be performed before the expiry of the 14-day period without the agreement of that consumer (Cf infra Article 42 - Right of withdrawal).

18. Methods of technical management of the wines

18.1 Articles 6.1 (Packaging of the wines (only for wines purchased en primeur or allocation), 6.2 (Transport), 6.5 (Delivery), 6.6 (Transfer of risk) and 6.7 (Insurance) apply under the same conditions to this section.

18.2 Storage in France. The Investor may enter into a storage services contract with the company Dartess, a public limited company registered with the Bordeaux Trade and Companies Register under number 424 185 544, whose registered office is located at 53 rue du Déhez – 33290 Blanquefort (France).

The conclusion of a storage services contract with the company Dartess is mandatory if the Investor wishes to leave his wines in stock for ageing and to reserve the right to resell his wines on the U’WINE marketplace (Cf. infra article 20 Resale of the wines on the U’WINE marketplace). The conclusion of a storage services contract with the company Dartess is optional in other cases (e.g. : in the event of delivery). The Investor instructs U’WINE SAS to have his wines transported from the estates or châteaux to the warehouses of the company Dartess, which will receive them on behalf of the investor. 

19. Indicative valuation of the wines

19.1 There is to date no official wine price list, nor any regulated wine market. The price lists or other indices available on the market offer only an indicative value and each body communicates a valuation according to its own information and its own methodology. It is recalled that past performance is no guide to future performance. 

19.2 U’WINE SAS provides a B2C valuation (average purchase price of the wine on the private individual market) to Investors for information purposes. The Investor may consult the valuation of his bottles and of his portfolio on the U’WINE applications (website, mobile and tablet applications) or free of charge on simple request by the Investor to U’WINE SAS. The wine valuation methodology is set out in the AMF Information Document – Cave CONSO.

19.3 U’WINE SAS does not guarantee the resale of the wines nor the resale price of the wines, which may deviate downwards from the indicative valuations. In this respect, U’WINE SAS stipulates that it may in no case be held liable for the financial performance of the wines or for their lack of liquidity on the market.

20. Resale of the wines on the U’WINE marketplace

20.1 The Investor may at any time offer for sale all or part of his wines, by his own means, on the U’WINE marketplace accessible via the U’WINE applications (website, mobile and tablet applications).

20.2 Only the wines which cumulatively meet the following conditions may be sold on the U’WINE marketplace :

• i) Purchased through U’WINE ;
• ii) Not having been identified by U’WINE as inappropriate for resale (information appearing in the product sheet at the time of purchase of the wine) ;
• iii) Kept by Dartess continuously since their purchase ;
• iv) Whose sale price will be the price set by U’WINE (average BtoC price provided by a marketplace). The methodology for setting the sale price is set out in the AMF Information Document – Cave CONSO.

20.3 U’WINE SAS does not guarantee the resale of the wines on the U’WINE marketplace.

20.4 Save in the event that a purchaser has accepted his offer, the Investor may, at any time, decide to :

• i) Put an end to the offering for sale of the wines and continue the keeping of the wines by U’WINE ; or
• ii) Request their delivery in whole or in part.

20.5 By offering his wines for sale on the U’WINE marketplace, the « Reseller » Investor :

• gives a mandate to U’WINE SAS, which accepts it, to collect the proceeds of the sale, deliver the wines to the purchaser and organise the invoicing between the parties in his name and on his behalf ; 
• authorises U’WINE to deduct the distribution costs and exit commission from the proceeds of the sale under the conditions set out in article 21 (Logistics costs, distribution costs, exit commission and taxes) and to pay him the balance. 

20.6 U’WINE SAS informs the Reseller Investor that the bank account used by U’WINE SAS to collect the proceeds of the sale on the U’wine Marketplace will be dedicated to operations involving the collection of funds on behalf of third parties. U’WINE SAS benefits from an exemption from the requirement of authorisation as a payment institution pursuant to article L. 521-3 I, 2° of the French Monetary and Financial Code.

20.7 The « Reseller » Investor undertakes to comply with the tax legislation on capital gains on the disposal of wine, in the country of tax residence to which he is attached. He may in no case seek the liability of U’WINE SAS in that respect. He indemnifies U’WINE SAS against any third-party recourse, conviction, or claim for payment of compensation which might be brought against it in the event of a failure by the « Reseller » Investor to comply with his tax obligations.

20.8 As soon as the order is effectively paid, U’WINE SAS informs the « Reseller » investor by email and credits the Investor’s Grands Crus Account with the proceeds of the sale after deduction of the distribution costs and exit commission. The Investor is free to use the positive balance to continue his purchases on the U’WINE applications (website, mobile or tablet application) or to request the transfer of the net proceeds of the sale to the bank account of his choice of which he is the holder.

At the request of U’WINE, the Investor undertakes to communicate to it as soon as possible the details of his bank account in order to enable U’WINE SAS to reimburse him. U’WINE SAS may not be held liable if the Investor does not reply to its request within a reasonable time. 

21. Logistics costs, distribution costs, exit commission and taxes

21.1 Summary. A summary of the direct and indirect costs is presented in the AMF Information Document - Cave CONSO. 

21.2. Storage costs. The details of the monthly storage costs of the company Dartess are set out in the storage services contract concluded between the Investor and the company Dartess. For information, the Dartess rates as at 1^st October 2024 :

• Storage : 0.096 € incl. VAT per month ;
• Storage insurance : 0.0144 € incl. VAT per month ;
• That is : 0.1104 € incl. VAT per month.

If the Investor has not entered into a storage services contract with Dartess, U’WINE will invoice the following costs on 30 September of each year or on the 1st of each month for the current month, as the case may be. :

• Rising Stars wines : 0.96 € incl. VAT / EQ75 bottle / year (or 0.08 € incl. VAT / month) ;
• Famous Seconds wines : 1.44 € incl. VAT / EQ75 bottle / year (or 0.12 € incl. VAT / month) ;
• Legends wines : 1.92 € incl. VAT / EQ75 bottle / year (or 0.16 € incl. VAT / month).

21.3 Transport costs between the warehouses of the partners of U’WINE : free except in the event of the purchase of wine outside the U’WINE selection. The Investor may request a quotation from U’WINE SAS. These costs will be invoiced to the Investor in a single instalment for each transport.

21.4 Distribution costs in the event of resale of the wines on the U’WINE marketplace. Distribution costs representing 25% of the sale price excluding tax are invoiced to the Customer. The costs and commission are deducted directly from the proceeds of the sale in a single instalment.

21.5 Delivery costs and time limits.

• Delivery to the investor. The delivery costs will be invoiced and must be paid by the Investor prior to the delivery of the wines. The Investor may request a quotation for the delivery costs on the U’WINE applications (website, mobile or tablet application) or directly from U’WINE SAS.  
• Delivery to the new purchaser in the event of resale of the wines on the U’WINE marketplace. In the event of resale of the wines on the U’WINE marketplace, U’WINE will take charge of the delivery of the bottles to the new purchaser. The transport and insurance costs of the bottles will be borne by the new purchaser (and not by the « Reseller » investor).
• Delivery times. The delivery times of the wines depend on the place of residence of the recipient. The delivery time in France is of the order of 5 working days. The average delivery times of the wines may be obtained on simple request free of charge from U’WINE SAS.

21.6 Taxes. The investment in wine will be made excluding VAT where the Investor chooses to delegate the storage of the bottles to U’WINE SAS for later consumption or a possible resale. For further information on the applicable taxation and in particular the date on which VAT and customs duties become chargeable, refer to the AMF Information Document – Cave CONSO.

22. Recommended duration of the investment

In the event of a secondary resale objective, the recommended holding period of the wines is between five (5) years and ten (10) years depending on the wine profile.

23. Special cases 

Articles 12.1 (Contract on behalf of a third party in the context of a gift), 12.2 (Joint subscription to a U’WINE contract), 12.3 (Early exit from wines), 12.4 (Transfer of ownership of a portfolio at the Customer’s request), 12.5 (Succession) and 12.7 (Table of costs « Special cases ») are applicable under the same conditions to this section.

SECTION SPECIFIC TO THE TAKING OVER OF A CELLAR

24. Taking over of a Cellar

24.1 If the Customer wishes U’WINE SAS to provide the technical management of the wines purchased by the Customer without the intermediation of U’WINE SAS on the purchases, U’WINE SAS will first carry out an audit of his cellar (physical or remote) in order to assess the value of the bottles in stock and propose to take charge of the management of all or part of the bottles.

24.2 A quotation relating to the audit will be communicated to the Customer on request.

24.3 Articles 6 to 12 apply under the same conditions to this section.

PART APPLYING TO ALL THE OFFERS

25. Price transparency

All supplier and service provider purchase invoices are available free of charge from U’WINE SAS at the Investor’s request.

26. Promotions – Referral programme

26.1 U’WINE SAS may set up promotional operations relating to its service offers. U’WINE SAS indicates the conditions under which these promotional operations apply and in particular the duration of the operation, the products concerned, and the applicable reductions. In the event of promotions, U’WINE SAS undertakes to apply the promotional price to any contract entered into during the period of validity of the promotional operation. Promotions specifically reserved for the Investor are displayed in his Personal Area. If several promotional operations are running simultaneously, they may not be combined with each other. 

26.2 U’WINE SAS has set up a referral programme through which the Investor may refer a new customer. 

27. Currency, payment and late payment interest

27.1 The currency of the Contract is the euro. 

27.2. Unless expressly stipulated otherwise, all costs are payable by SEPA direct debit, by card debit or by bank transfer.

27.3 With the exception of the cases in which the Investor has the status of consumer within the meaning of French law,  – in the event of rejection of the SEPA direct debit, the investor will pay a fixed penalty of the order of 20€ (information as at January 2024) ; – any sums unpaid on the due date will give rise, as of right and without formal notice, to the payment of late payment penalties equivalent to a fixed indemnity of 40€ and late payment interest set at three times the legal interest rate in force.

28. Non-compliant delivery (Cave INVEST and Cave CONSO)

On receipt of the wine, it will be for the Investor to check the conformity of the delivery, the condition of the bottles and to make all necessary findings and/or claims in the event of breakage, damage or shortages :

• The investor acting in the capacity of consumer must express his reservations on the delivery note by email to the address contact@uwine.fr or via the applications to U’WINE SAS with all the related supporting documents. U’WINE SAS will reimburse or replace as soon as possible and at its expense the wines delivered whose lack of conformity or apparent or hidden defects have been duly substantiated by the Investor, under the 

  conditions provided for in articles L 217-4 et seq. of the French Consumer Code. 

• The investor not acting in the capacity of consumer must express his reservations on the delivery note within the following 48 hours by email to the address contact@uwine.fr or via the applications to U’WINE SAS with all the related supporting documents. Failing their expression, the wines will be deemed compliant between the Parties.

29. Liability of U’WINE SAS

29.1 General case excluding delivery 

U’WINE SAS performs its services with its best care in the interest of the Investor.

U’WINE SAS may not be held liable if the non-performance or the delay in performance of any of its obligations results from a case of force majeure within the meaning of article 1218 of the French Civil Code. The following also constitute in particular a case of force majeure : strike, epidemic, war, insurrection, natural disaster, requisition, fire, flood, shortage, administrative closure, decision of the State, governmental action prohibiting or preventing U’WINE SAS from performing its obligations, provided that those events present the characteristics of force majeure as recognised by case law on the basis of article 1218 of the Civil Code.

29.2 Delivery 

U’WINE SAS is liable to the Customer for the proper performance of its delivery obligation. However, U’WINE SAS may exonerate itself from all or part of its liability by providing proof that the non-performance or the poor performance of its delivery obligation is attributable either to the Customer or to the unforeseeable and insurmountable act of a third party, or to a case of force majeure within the meaning of article 1218 of the French Civil Code.

30. Personal data

30.1 U’WINE SAS 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.

30.2 The Customer may consult the personal data protection policy of U’WINE SAS on the website http://www.u.wine.

30.3 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 : contact@uwine.fr.

31. Communication between the Parties

31.1 The Investor provides U’WINE SAS with a postal address, a telephone number, an email address and bank details (RIB), and a valid SEPA direct debit mandate. In the event of a change to the information provided, the Investor undertakes to inform U’WINE SAS without delay and to ensure that U’WINE SAS has indeed taken note of it.

31.2 The Investor undertakes to provide U’WINE within 30 days with any information or document that U’WINE requests, such as a delivery address or bank details (RIB).

31.3 The Investor is warned that if he does not provide his bank details (RIB) at the request of U’WINE, which wishes to reimburse him the sums it owes him, the Investor could lose his claim if he takes too long to come forward.

31.4 The Investor is solely responsible for securing access to the mailbox linked to the email address provided to U’WINE SAS. Any communication to U’WINE SAS from that email address is presumed to come from the Investor.

32. « U’wine » applications for smartphones, tablets and computers – Intellectual property

32.1 The U’wine applications for smartphones, tablets and computers allow the Customer to access a certain number of items of information such as his portfolios and to communicate with U’WINE SAS. 

32.2 It is for the Customer to preserve the strict confidentiality of his access codes. U’WINE SAS may in no case be liable in the event of unauthorised use of the Customer’s access codes.

32.3 The content of the U’WINE applications is the property of U’WINE SAS and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offence of counterfeiting. 

33. Evidence agreement

33.1 General principles. It is agreed between the Parties that all forms of recording resulting from the means of communication used between the Parties are admitted as evidence, in particular electronic records (email, transaction attributable to the Customer by his entry using his password via the U’WINE Applications (website, mobile or tablet application)). The Customer acknowledges that the use of his password to access the Personal Area on the U’WINE applications (website, mobile or tablet application) will constitute identification on his part. The computerised registers kept in the information systems of U’WINE SAS under reasonable security conditions are considered as evidence of the communications and of the electronic exchanges between the Parties. 

33.2 Evidence relating to the electronic signature. The paragraphs below apply if the Contract (or any other instrument presented to the Customer for signature by U’WINE SAS) is signed by means of an electronic signature process within the meaning of article 1367 of the French Civil Code :

The Parties agree that the electronic signature process used to express the consent of each Party to the conclusion of the Contract produces legal effects in the same way as a handwritten signature. The Contract signed in electronic form therefore has the status of an original document having evidential force. The obligations incumbent on each of the Parties under the Contract are enforceable against it and are capable of being implemented in court. The Contract signed electronically will be drawn up in a single copy, a digital copy of which will be delivered to each of the Parties. The Parties agree that the digital copy received by them will constitute an original written and signed copy.

The Customer acknowledges and accepts that the electronic records (in particular identification elements, traces, recordings, connection logs, evidence file, certification of completion, etc.) made by U’WINE SAS or on its behalf constitute evidence which is enforceable against the Parties and third parties and which may be produced in court.

This article constitutes an evidence agreement in accordance with article 1368 of the French Civil Code.

34. Duration and termination of the contract

34.1 Duration. The Contract comes into force for an indefinite period from the date of handwritten or electronic signature of the particular conditions by the Parties.

34.2 Termination by the Investor. The Investor may freely terminate the Contract at any time, without penalty, by registered letter with acknowledgement of receipt subject to at least thirty (30) calendar days' notice. Without prejudice to the claim right of each Party, the Contract will end as of right in the event of delivery of all the wines to the Investor.

34.3 Termination by U’WINE SAS for breach by the Customer and contractual right of pledge. The Customer pledges to U’WINE SAS, by way of security, all the wines purchased and kept on his behalf by U’WINE SAS (listed in the Customer's Grands Crus Account accessible from the U’WINE applications and in the annual management report, where applicable) as security for all the sums which the Customer will owe to U’WINE SAS under these conditions, including in particular the management fees, storage costs, logistics costs, late payment interest, and any other costs or the costs incurred by U’WINE SAS for the delivery of the wines to the Customer. 

Failing payment on the due date of sums owed by the Customer under these conditions, U’WINE SAS may terminate the Contract after sending a formal notice to pay the said sums which has remained without effect after a period of thirty (30) days. 

Failing payment of the sums owed by the Customer to U’WINE SAS within the period referred to above, U’WINE SAS will also be entitled to exercise all its prerogatives as pledgee and, in that respect, to become as of right, if it so wishes, the owner of the pledged wines pursuant to article 2348 of the French Civil Code (forfeiture clause). U’WINE SAS will inform the Customer that it is exercising that option. Failing an official listing of the wines on an organised market, the Parties hereby appoint Mr Aymeric de Clouet, wine expert with the Paris Court of Appeal, alone or accompanied by the expert of his choice, for the purpose of determining, on the day of the transfer of ownership, the value of the pledged wines.

The bottles will be sold on the B2B market (market of wine professionals). If the value of the pledged wines exceeds the amount of the secured debt (including the management, storage, logistics costs and the delivery costs for delivery of the wines to the Customer), the sum equal to the difference will then be paid back to the Customer.

34.4 Termination by U’WINE SAS without breach by the Customer. U’WINE SAS may freely terminate the Contract at any time, without penalty, by registered letter with acknowledgement of receipt subject to thirty (30) days' notice.

34.5 Consequences of termination (whatever its cause). Subject to article 34.3 (Termination for breach by the Customer and contractual right of pledge), the termination of the Contract will not entail the sale of the wines in the portfolio. The Customer's wines kept at the warehouse keeper partner of U’WINE SAS will be delivered to the Customer under the conditions of this article. The wines of the

Customer purchased en primeur or allocation which have not yet been delivered to the warehouse keeper partner of U’WINE SAS (Cf. Articles 4.6 and 16.6 (Time limit for delivery to the U’WINE warehouses)) may only be delivered to the Customer after delivery by the estate or estates to the warehouse keeper partner of U’WINE SAS. In that latter case, the Contract will remain in force until the date of delivery of the wines to the Customer. 

The wines will be delivered to the Customer on the date and at the address of his choice. All the costs including in particular the keeping costs, order preparation, VAT payable (where applicable), transport and the annual management fees not yet due at the date of termination will become immediately payable. These costs must be paid prior to the delivery of the wines. U’WINE may set off any sum due and payable which it owes to the Customer against any sum due and payable which the Customer owes to it. The contract will end upon delivery of the wines.

All sums due and not yet paid at the effective date of termination or lapse of the Contract must be paid whatever the cause of the termination or lapse of the Contract.  

34.6 Death of the Customer. In the event of the death of the Customer, the Contract will remain in force and will continue with the Customer's beneficiaries.

35. Right of withdrawal

35.1 In the event of distance conclusion of the U’WINE - Cave INVEST offer or the U’WINE - Cave CONSO Offer. In accordance with articles L. 222-1 et seq. of the French Consumer Code 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 reasons or bear penalties, from (a) the date of conclusion of the Contract or (b) the date on which the Investor receives the contractual conditions if that latter date is subsequent to the one mentioned in (a). 

35.2 In the event of distance conclusion of a contract for the purchase of wine on the U’WINE marketplace in the context of the U’WINE - Cave CONSO Offer exclusively. Pursuant to articles L. 221-1 et seq. of the French Consumer Code and in particular article L. 221-18, the purchaser having the status of consumer within the meaning of French law has a period of fourteen (14) days to exercise his right of withdrawal, without having to give reasons or bear costs other than those referred to below. The said period of 14 days runs from the receipt of the wine (livrable or allocation) by the Investor or by the third party designated by him. The Investor will bear the direct costs of returning the wines.

In the event of delegation of the keeping of the wine to a warehouse keeper, the Investor designates that warehouse keeper to receive the wine on that account. The investor having the status of consumer within the meaning of French law has a period of fourteen (14) days from the date of delivery of the wine to exercise his right of withdrawal, without having to give reasons or bear costs other than those referred to in the paragraph above.

35.2 Procedures for exercising the right of withdrawal. The right of withdrawal is exercised either by completing the form reproduced in the annex, or by sending an unambiguous statement expressing the wish to withdraw and mentioning the Contract concerned by that withdrawal to the following address : contact@uwine.fr.

An acknowledgement of receipt on a durable medium is then communicated to the Customer. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the wine or wines purchased and the delivery costs are reimbursed, excluding the return costs which remain payable by the Customer.

The Customer returns the wines to U’WINE, without undue delay and, at the latest, within 14 days following the communication of his decision to withdraw.

The reimbursement will be made within a period of 14 days from the notification of the Customer's decision to withdraw. However, the reimbursement will be deferred until the wines are recovered or until the Customer has provided proof of dispatch of those goods, the date used being that of the first of those events.

36. Combating alcohol abuse - protection of minors

It is recalled that alcohol abuse is dangerous for health and that it should be consumed in moderation. Furthermore, the sale of alcohol to minors under 18 years of age is prohibited. Consequently, any person contracting with U’WINE SAS must have reached the full age of 18. 

37. Amendment of the general conditions

37.1 U’WINE SAS may amend these general conditions at any time. Any amendment to the general conditions is brought to the Customer's attention in writing, in particular via his Personal Area accessible from the U’WINE applications (website, mobile or tablet application), within a period of thirty (30) calendar days before it takes effect. 

37.2 In the absence of a challenge notified by the Customer by registered letter with acknowledgement of receipt to U’WINE SAS within the thirty (30) calendar days following its dispatch, the amendment will be deemed tacitly accepted by him. 

37.3 In the event of a challenge, the Customer may terminate the Contract by registered letter with acknowledgement of receipt within that period of thirty (30) calendar days. That termination will take effect under the conditions of article 34.2.

37.4 Failing termination of the Contract within that period of thirty (30) days, the amendments will be enforceable against the Customer.

38. Assignment of the Contract

The Customer accepts in advance the assignment of the Contract by U’WINE SAS for the benefit of any third party duly authorised by the AMF, if that requirement is imposed by law. The assignment of the Contract will take effect vis-à-vis the Customer when the contract concluded between U’WINE SAS and the assignee has been notified to him or when the Customer takes note of it. U’WINE SAS will not be jointly and severally liable with the assignee for the performance of the Contract once assigned to the assignee.

39. Combating money laundering and the financing of terrorism

For each investment, the Customer undertakes to justify at any time, at the request of U’WINE SAS, the origin of the funds intended for the purchase of the wine.

40. Claims - Mediation

40.1 The Investor may submit any claim by contacting U’WINE SAS by email at the following address : contact@uwine.fr, or by post to 13 allée de Chartres –33000 Bordeaux (France). 

40.2 In the event of failure of the claim to the customer service department or in the absence of a reply from that department within a period of two months, the Customer may submit his dispute to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The Customer may address his claim to the Consumer Mediation Commission (French Consumer Code, art. L 612-1) or to the existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

41. Applicable law - Language

41.1 The contract is governed by French law.

41.2 The contract is drawn up in the French language. In the event that it is translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.

42. Election of domicile - Competent jurisdiction

42.1 For the performance of these conditions, each Party elects domicile at the address mentioned in the particular conditions.

42.2 In the event of disputes relating to the validity, the interpretation or the performance of the Contract, the French courts have jurisdiction, save mandatory international provision to the contrary.

42.3 In the event of a dispute with a professional and/or a trader, the competent courts are those located within the jurisdiction of the Bordeaux Court of Appeal (France).

42.4 In the event of a dispute with a consumer, jurisdiction lies with the court of the place where the defendant resides, the court of the place where the consumer resided at the time of conclusion of the Contract or the court of the place where the harmful event occurred, pursuant to article R. 631.3 of the French Consumer Code.

ANNEX : MODEL WITHDRAWAL FORM

Annex to article R. 221-1

(Please complete and return this form only if you wish to withdraw from the contract.)

To the company U’WINE SAS whose registered office is located at 13 allée de Chartres 33 000 Bordeaux  

I/we (*) hereby give notice (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below :

Ordered on (*)/received on (*) :

Name of the consumer(s) :

Address of the consumer(s) :

Signature of the consumer(s) (only in the event of notification of this form on paper) :

Date :

(*) Delete as appropriate.