Terms and conditions of use
The purpose of these General Terms of Use (hereinafter the « GTU ») is to determine the conditions under which the company U’WINE SAS (hereinafter « U’WINE » or « We ») makes available the website https://u.wine (hereinafter the « Site ») and the U’WINE application, downloadable from the App Store and Google Play platforms (hereinafter the « Application »), within the framework of the distance selling of alcoholic beverages (hereinafter the « Products »).
U’WINE SAS is a wine merchant whose registered office is located at 13 allées de Chartres 33000 Bordeaux (France). It is registered with the Bordeaux Trade and Companies Register under no. 522 015 692.
Contact : contact@uwine.fr
1. Definitions
« General Terms of Use » or « GTU » : the present contract binding U’WINE to the User.
« Application » : the U’WINE smartphone application, downloadable from the App Store and Google Play platforms ;
« We » : the company U’WINE ;
« Site » : the website https://u.wine ;
« User » or « You » : any person, consumer, non-professional or professional, whether a visitor, customer or prospect, using the Site or the Application ;
« Consumer » : any natural person acting for purposes which do not fall within the scope of his commercial, industrial, craft, professional or agricultural activity ;
« Non-professional » : any legal person not acting for professional purposes ;
« Professional » : any natural or legal person, public or private, acting for purposes falling within the scope of his commercial, industrial, craft, professional or agricultural activity, including where he acts in the name of or on behalf of another professional ;
« Product » : any alcoholic beverage marketed on the Site or the Application.
2. Legal notices
Publisher
Company U’WINE, simplified joint-stock company with a capital of €637,870
Registered office : 13 allées de Chartres – 33 000 Bordeaux – France
Registration : R.C.S. Bordeaux 522 015 692
Telephone : +33 (0)5 35 54 61 39
E-mail : contact@uwine.fr
Intra-Community VAT no. : FR33522015692
Publication director : Thomas Hébrard
Host of the Site and the Application
Company OVH, simplified joint-stock company with a capital of €10,174,560
Registered office : 2 rue Kellermann – 59100 Roubaix – France
Registration : R.C.S. Lille Métropole 424 761 419
Telephone : +33 (0)9 72 10 10 07
3. Scope and access to the site and the application
3.1 – Purpose and conditions of access to the Site and the Application
The purpose of these GTU is to determine the conditions for consulting and using the Site and the Application, which are reserved for Users of legal age in accordance with article L.3342-1 of the Code de la santé publique (French Public Health Code). U’WINE reserves the right to ask the User for any proof of age.
3.2 – Acceptance of the General Terms of Use
By consulting or using the Site or the Application, you accept these General Terms of Use in their entirety. If you do not accept them and/or if you do not meet the conditions of access set out in this article 3, please do not use the Site and the Application.
4. Conditions of use of the site and the application
The Site, the Application and the data appearing on them are reserved for strictly private and personal use.
The creation of a user account, via the Site or the Application, is necessary in order to order Products.
The Site and the Application offer various alcoholic beverages for distance sale.
| Keywords | Description | |
| « U’Wine Genius » | Suggests to the User a personalised selection of wines according to the parameters he has completed (e.g. overall budget, budget per unit, bottle format, colour preference, maturity, etc.). | |
| « Your Personal Shopper » | Allows the User to make a specific request for wines to our Personal Shopper team by sending a message on the Site and via a chat in the Concierge service on the Application. In both cases, the User must have created his account to access this service. | |
| « Partner area » | A secure area accessible only to U’WINE partners by means of a username and a password, where they can find the list of documents needed for a proper understanding of the investment offers. | |
| « Our events » | Allows the User to consult the events offered by U’WINE. He may register directly online for these events, provided he has a user account and the required member status. | |
| « The connected bottle » |
Using NFC technology (near-field communication), U’WINE has invented and developed a chip, called the Tag. Placed on the neck of a bottle, this chip can be linked to the User’s virtual cellar in the Application. This makes it possible to manage his connected wine cellar by adding or removing bottles via the « Tag a wine » function available on the Application. The Tag also gives access to the information concerning the wine bearing the chip. The Tag is a single-use label. The Hoop Tag is a ring incorporating the same NFC chip but reusable. |
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| « Our investment offers » |
We offer various investment products, on the one hand heritage cellar offers (the U’WINE Mandates « Cave INVEST » and « Cave CONSO ») and, on the other hand, a private equity offer (« U’WINE Grands Crus 4 »). For more information on these investment offers, you have the possibility of booking an appointment online with our team. We also invite you to complete an online questionnaire so that we can propose the offer that best matches your project at our meeting. |
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| Loyalty programme |
Joining the U’WINE loyalty programme is possible as soon as the user (i) places an order on the e-shop, (ii) confirms the signature of a mandate or (iii) subscribes to U’WINE Grands Crus. Members are divided into 4 statuses : · Discovery : up to €10,000 of purchases made over the last 12 months ; private-customer purchase price for en primeur/allocations ; access to 1 free tasting evening ; · Silver : from €10,000 to €19,999 of purchases made over the last 12 months ; private-customer purchase price for en primeur/allocations – 5% ; access to 1 free tasting evening and 1 free 1-day U’Wine Tour ; access to the Personal Shopper ; · Gold : from €20,000 to €99,999 of purchases made over the last 12 months ; private-customer purchase price for en primeur/allocations –7.5% ; priority access to exceptional wines ; access to 2 free tasting evenings, 1 free 1-day U’Wine Tour and 1 free 2-day U’Wine Tour ; access to the Personal Shopper ; · Platinum : beyond €100,000 of purchases made over the last 12 months ; trade purchase price for en primeur/allocations ; priority access to exceptional wines ; access to 2 free tasting evenings, 2 free 2-day U’Wine Tours, 1 U’Wine @ home and 1 personalised 2-day U’Wine Tour ; access to the Personal Shopper. You can find out your Member status by logging in to your personal area or by contacting you@uwine.fr. |
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| « Concierge service » |
From the Application, the User may contact customer service for any request from the moment the customer account is created. Customer service may reply by the same means or call the User directly depending on the request made. |
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5. Management of the user account
5.1 – Deletion of a user account by the User
The User may, at any time, delete his user account by going to his personal area on the Site or the Application and selecting « Delete my account » from « My profile ».
Any account deletion is final and takes effect immediately. It also entails the deletion of the User’s data, subject to the data retention periods provided for by the law applicable to these GTU.
5.2 – Suspension or deletion of a user account by U’WINE
U’WINE reserves the right to suspend and/or delete as of right, without notice or compensation, any user account in the event of failure to comply with these GTU or with the applicable law, or in the event of total or partial non-payment by the Customer of the price of an order for Products or of an investment offer, after formal notice has remained without effect for more than eight (8) calendar days, or immediately in the event of an irreparable breach.
6. Intellectual property
The Site, the Application and their contents (e.g. texts, images, videos, music, graphic charter, etc.) are the exclusive property of the company U’WINE. Their being made available may therefore not be regarded as an assignment of any intellectual property right whatsoever.
Any communication, reproduction, representation or distribution, in whole or in part, of the Site, the Application or their respective contents, whatever the purpose and the medium, is strictly prohibited, save with the express written authorisation of the company U’WINE.
Failure to comply with these prohibitions constitutes an act of infringement liable to engage the civil and criminal liability of its author.
The User has no right over the name « U’WINE » nor over any distinctive sign taking up the name « U’WINE » in whole or in part (e.g. trade mark, domain name, corporate name, design, etc.) or any associated logo, registered or not, reproduced on the Site or the Application.
The User is authorised only to consult the Site and the Application in accordance with their intended purpose, namely consulting the offers and products offered for sale by U’WINE and purchasing Products online.
7. Hypertext links
The Site and the Application may refer to other sites. These other sites are not under the control of U’WINE. We therefore disclaim all liability for the contents, information and data that may appear there.
The placing of any hypertext links by a third party to all or part of the Site or to the Application is strictly prohibited, save with the prior written authorisation of the company U’WINE. In any event, any link leading to the Site or the Application will be removed without delay upon simple request from the company U’WINE.
8. Management of the site and the application
For the proper management of the Site and the Application, U’WINE may at any time :
- Suspend, interrupt or limit access to all or part of the Site or the Application, reserve access to the Site or the Application, or to certain parts thereof, to a specific category of internet users ;
- Remove any information liable to disrupt their operation or conflicting with the law applicable to these GTU ;
- Suspend the Site and the Application in order to carry out updates.
9. Liability
Consulting and using the Site and the Application take place under the sole responsibility of the User.
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 :
- access to the Site or the Application ;
- any content displayed on the Site or the Application ;
- any use of a product purchased on the Site or the Application that does not comply with the intended purpose of that Product ;
- more generally, any loss or damage, direct or indirect, whatever its cause or consequence, that may arise following access to the Site or the Application and resulting from any information originating directly or indirectly from the Site or the Application.
10. Personal data protection policy
U’WINE is concerned to preserve the protection of your personal data.
For any information relating to the collection, the processing or, more generally, the protection of your personal data, we invite you to consult our Privacy Policy, accessible via the link opposite.
11. Photographs and representation of the products
The product photographs accompanying their description are not contractual and are not binding on U’WINE.
12. Partial invalidity
In the event that one of the clauses of the GTU is declared, in whole or in part, void, unlawful or unenforceable, the other clauses shall survive it.
13. Applicable law and competent jurisdiction
13.1 – Applicable law
These GTU are governed by French law.
13.2 – Customer service - Complaint
For any complaint relating to these GTU, we invite you to contact us by email at the following address : contact@uwine.fr or by post to the following address : 13 allées de Chartres – 33000 Bordeaux (France).
13.3 – 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 User 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, the User may consult the following website : https://www.mediateurfevad.fr
In the event that mediation is unsuccessful, the User remains free to submit his dispute to the competent courts.
13.4 – Disputes
In the event of a disagreement relating to these GTU, U’WINE and the User will endeavour as far as possible to resolve it amicably. Failing an amicable settlement, any difficulty arising from the performance and/or the interpretation of these GTU will be submitted to the competent courts within the jurisdiction of the Court of Appeal of Bordeaux (France).
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.
14. Contact us
For any question or information about the Products presented on the Site or the Application, or concerning the Site or the Application themselves, you may contact us at the following address : contact@uwine.fr.
15. Update of our general terms of use
We may occasionally amend or adjust our General Terms of Use in order to update them, in particular in the light of developments in our activities.
As this information must appear in the « legal notices » of a website, we recommend that you complete it.
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