General conditions of sale

Article 1. DEFINITIONS

1.1 General Definitions Used in These Terms and Conditions

For the purposes of these Terms and Conditions of Service, the following capitalized terms have the following meanings: indicated below and are understood to be both singular and plural:

Order Form
Means the document providing all the information required to provide the Services to potential Customers;

Customer(s)

Means a User of the Site who has benefited or is benefiting from the Services;

Order(s)
Means the Products selected by the Customer;

Account
Means an access system requiring a username and a personal password allowing the User to access their Customer Account;

General Terms and Conditions of Sale and Services (GTCS)
Means the General Terms and Conditions of Sale and Services applicable to Customers and which are present on the Site;

Data
Means all information collected and entered by the Client and intended to be disseminated on the Website and hosted on the Server;

Personal Data
Means any information relating to an identified or identifiable natural or legal person; an “identifiable natural or legal person” is deemed to be a natural or legal person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to their physical, physiological, genetic, mental, economic, cultural, or social identity;

Functionality
Each element implemented, accessible, and usable within the various Services on the Website;

L.O WINE
Means both the Website https://lowine.fr/ and the company LO WINES;

LO WINES Means the limited liability company with a single shareholder and a capital of €1,000, whose registered office is located at 23 Allée Guy Carricart, 33520 BRUGES, registered with the Bordeaux Trade and Companies Register under number 823 958 558, owner of the Website; Intra-community VAT number: FR48823958558;

Delivery
Means the provision to the Customer of the Product ordered on the Website;

Means of Access
Methods and/or functions by which the User can access one or more Services in order to use them for their own needs;

Party(ies)
Person who has signed and adhered to the General Terms and Conditions and the obligations they contain;

Provider
Means LO WINES;

Product(s)
Means the products and/or services offered for sale through the Site;

Services
All services made available to the User by L.O WINE and accessible via the Means of Access;

Site
Means the website allowing users to access the Services, namely www.lowine.fr;

Third Parties
Means natural or legal persons other than a User or a Customer;

User
Means any natural or legal person accessing the Site;

1.2 Principles of Interpretation

The headings of the articles and paragraphs are used for convenience only and shall in no way affect the interpretation of these General Terms and Conditions.
Unless the context otherwise requires, references to Articles and Appendices shall be construed as referring to the Articles and Appendices of these General Terms and Conditions. The words “including,” “including,” and “in particular” shall be interpreted as referring to examples only and shall not limit the generality of the preceding words.

2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE

These General Terms and Conditions of Sale and Service apply, without restriction or reservation, to all Services provided by the Company to its Customers.
In this regard, these General Terms and Conditions of Sale and Service are intended to apply exclusively to the relationship between LO WINES and a Customer with an Account.
The General Terms and Conditions of Sale and Service are intended, in particular, to remind Customers of their obligations and the fees inherent in the use of the Services intended for Customers.

3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES
The General Terms and Conditions of Sale and Services must be accepted without reservation before L.O WINE can assign a Customer Account.
In this regard, L.O WINE will validate each request to create a Customer Account. To do so, each Customer must provide proof of majority.
Only after this validation procedure will L.O WINE provide the Customer with the Means of Access allowing them to access the Site and their Account.
The first connection to the Site will require acceptance of these Terms and Conditions.
The Customer declares that they have read and understood these General Terms and Conditions of Sale and Services (GTCS) for the Site. The Customer who accepts the General Terms and Conditions also accepts:

• the Services, their provision and performance;
• the Prices;
• all payment methods offered by L.O WINE;
• all elements relating to the Services offered and described exclusively on the Site;
• the terms and conditions relating to the delivery of the Products and the performance of the Services;
• the Customer’s withdrawal terms and conditions;
• any informative and/or additional document regarding the Site, the Services, and their uses provided by L.O WINE.

Any dispute regarding any of these points shall be addressed under the last article of these General Terms and Conditions.
In accordance with Article 1119, paragraph 1 of the French Civil Code, once a User has read and accepted the General Terms and Conditions of Sale and Services, each clause is binding on them and may be invoked against them.
With regard to natural persons, the Site and Services are intended only for adults with legal capacity. Any use by a person under the age of majority is strictly prohibited, except with the prior and express consent of their legal representatives.

4. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE AND SERVICES

These General Terms and Conditions may be modified at any time by L.O WINE, unilaterally and without notice. The Terms and Conditions applicable to Customers are those in effect on the Website on the day the Customer orders a Service and then upon each modification, or on the day the User visits the Website.
Any modification to the Terms and Conditions will be notified to the Customer directly on the Website.

5. SITE DESCRIPTION

L.O WINE is a website whose objective is to enable individuals, companies, or private groups to discover wine and the French art of living through wine workshops, tasting and blending classes, and events held in prestigious vineyards and locations.
The Website also offers Customers the opportunity to offer or redeem a gift voucher granting them privileged access to one of the wine workshops offered by L.O WINE. Finally, L.O WINE allows Customers to purchase tasting kits via the Site, allowing them to create their own wine by blending different grape varieties.
Sales offered by L.O WINE can be made exclusively within the European Union and in mainland France.
The Site is available in French, English, and Spanish.
The Site allows Customers to offer their Products for Sale.
The Site is accessible 24/7, provided they have an internet connection.

6. CREATING A CUSTOMER ACCOUNT

The information relating to the creation of a Customer Account on the Site is as follows:

• Email address;
• Password.

7. COOLING-OFF PERIOD

As the Parties do not intend to condition their commitment on a cooling-off period, this contract takes effect on the date of acceptance by the Parties, namely upon the creation of an Account.

8. SERVICES – TASTING WORKSHOP AND TOURS

8.1 Description of Services

8.1.1 Workshops for Individuals

This Service takes place over a half-day.
This visit is based on a wine-tasting workshop where the Client will receive a set of information relating to the vines, the progression of the growing season, the criteria to be met for producing an organic wine, and the challenges that winegrowers may face.

A focus on local regions and grape varieties is also offered to further inform the apprentice winemaker.
Following this, the client will benefit from a tasting session during which they will learn tasting techniques: determining a wine’s color, detecting aromas, and describing balance on the palate.
Finally, the client composes their own wine using pipettes and test tubes provided to create a unique wine. The client can then keep their own personalized composition.
These half-day sessions, offered regularly, allow any budding winemaker to discover a region and create their own composition with the guidance of our wine professionals.

8.1.2 Events for Individuals

L.O WINE offers a tailor-made day so that the Client and their loved ones can experience an unforgettable event, whether for a birthday, an important date, a family reunion, a retirement, or other celebrations.
A tasting class may be offered, as well as a discovery of cultural heritage, vineyards, and châteaux.
Based on discussions between the Client and L.O WINE, the location of the event and the details of the day will be determined.

8.1.3 Tasting Classes for Companies

L.O WINE offers to lead a winemaking and winemaking workshop for companies hosting seminars. This event lasts between 2.5 and 3 hours and can take place either at Château Vieux Mougnac or at the Client’s convenience. This choice will be based on discussions between the Parties.
This wine tasting and blending workshop allows participants to learn about the different characteristics of Bordeaux’s regions and grape varieties. Each participant then creates their own blend and leaves with their own wine.

8.1.4 Corporate Event

L.O WINE offers companies the opportunity to discover wine for a day, whether during a seminar, conference, team-building event, training session, convention, or MICE event.
These tailor-made events allow everyone to discover the great wines of Bordeaux.
These events include tastings, wine creation, and the discovery of unusual locations. Based on the discussions between the Client and L.O WINE, the location of the event and the terms and conditions for the day will be determined.

8.2 Cancellation – Postponement of Services

8.2.1 Postponement of Services

The Client is required to inform L.O WINE of any delay following their registration for a workshop or event for which they are registered.
In the event of a no-show, the Client may request a postponement, free of charge, to a later date agreed upon with L.O WINE. The postponement request must be made no later than 48 hours before the scheduled event date, by any means:

• By email, to the following address: info@lowine.fr;
• Or to the following address: 23 ALLEE GUY CARRICART 33520 BRUGES

Failing this, the postponement request may not be accepted by L.O WINE, which will then retain the full amount of the reservation, unless L.O WINE expressly agrees to a refund based on the circumstances explained by the Client.
L.O WINE reserves the right to postpone scheduled workshops if the number of participants falls below four. In this regard, L.O WINE will notify each participant of the postponement of the Service and propose a new date for the workshop.

8.2.2 Cancellation of Services

Regarding cancellation requests made by a Client at least 48 hours before the event, and due to the costs incurred for the event, L.O WINE reserves the right to retain 50% of the amounts paid by the Client as cancellation fees.
In the event that the Client wishes to cancel the ordered service less than forty-eight (48) hours before the event, no refund will be issued by L.O WINE to the Client.

9. PRODUCT SALE

9.1 Description of Products for Sale

9.1.1 Tasting Kits

One or more tasting kits can be ordered online on the Website https://lowine.fr/.
Once this kit has been received, the Customer can sit down at their computer with the necessary equipment provided in the kit.
With this kit, the Customer can learn about wine and discover tasting techniques.
Then, the Customer will be able to make their own wine using the kit provided.

9.1.2 Gift Voucher

The completion of a tasting workshop or the purchase of tasting kits may be the subject of a gift voucher, which a Customer may offer to a Third Party, where applicable.
For the gift voucher for a tasting workshop, the first and last name of the person receiving the voucher, as well as all of the Customer’s billing information, must be provided. For the tasting kit, the following information must be specified:

• The number of kits desired;
• The first and last name of the delivery recipient;
• The delivery address;
• The postal code and city of delivery;
• The country of delivery;
• An email address and email confirmation;
• A telephone number.

In addition, the Purchaser’s Data must be provided.
In any case, gift vouchers are valid for 12 months from the date of purchase by the Customer.
After this period, the gift vouchers will expire and can no longer be used.
In this regard, gift voucher purchases are non-cancellable and non-refundable. In any event, the Third Party receiving the gift voucher must comply with all the provisions of these general terms and conditions, in particular those relating to the postponement and cancellation of workshops.

9.2 Prices
Products are provided at the current prices listed on the Website “https://lowine.fr/” when the Order is placed by L.O WINE, subject to availability on that date.
For group services, prices are not listed on the Website; a prior request must be made to L.O WINE.
Prices are expressed in Euros, excluding and including all taxes.
L.O WINE reserves the right to modify its prices at any time, but Products will be invoiced based on the prices in effect at the time the Order is placed, subject to availability on that date. The prices take into account any discounts that may be granted by L.O WINE on the Website “https://lowine.fr/”.
These prices are fixed and cannot be revised during their validity period, as indicated on the Website “https://lowine.fr/”. L.O WINE reserves the right to modify the prices at any time outside this validity period. They do not include processing, shipping, transport, and delivery fees, which are charged in addition, under the conditions indicated on the Website “https://lowine.fr/” and calculated prior to placing the Order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
An invoice is issued by L.O WINE and sent to the Customer electronically upon receipt of payment for the delivery of the Products ordered.

9.3 Delivery Costs

The amount of delivery costs is set prior to confirmation of the Order, based on the actual delivery location.

9.4 Orders

9.4.1 Information to be provided by the Customer prior to the Order

Prior to the Order, the Customer must provide:

• Their first and last name or the company name placing the order;
• Their date of birth;
• Their billing address;
• The delivery address, if different;
• Their telephone number.

This information may be provided in advance via the Customer Account.

9.4.2 Order Validation
It is the Customer’s responsibility to select the Products they wish to order on the Website. The Order includes:

• The nature of the Product(s) selected by the Customer;
• The description of the Product(s);
• The quantities;
• Availability;
• The price including VAT of the Product(s) selected by the Customer;
• The cost including VAT of delivery;
• VAT and other taxes applicable to the Order;
• The total amount including VAT of the Order, including the cost including VAT of delivery, if applicable.

The Customer is invited to provide the delivery and billing address information required to fulfill their Order, if applicable.
Contractual information is presented in French and is subject to electronic confirmation at the latest at the time the Customer validates the Order.
Product offers are valid as long as they are visible on the website, while stocks last. The Customer may specify a “Promo Code” when placing an Order to benefit from specific discounts, the conditions of which are determined in advance.

9.4.3 Order Confirmation
The sale will only be considered final after L.O WINE has sent the Customer confirmation of acceptance of the Order by email.
After selecting and confirming their payment, and to validate their Order, the Customer must confirm to L.O WINE that they have read and accept the General Terms and Conditions by clicking on the box provided for this purpose and then clicking on “NEXT”.
The Customer may review the details of their Order and its total price, and correct any errors before confirming their acceptance (Article 1127-2 of the Civil Code). This validation implies acceptance of all of these General Terms and Conditions of Sale and Services and constitutes proof of the sales contract.
It is therefore the Customer’s responsibility to verify the accuracy of the Order and to immediately report any errors.
Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and L.O WINE.

9.4.4 Payment of the Order

The amount owed by the Customer is the amount indicated on the Order confirmation sent by email to the Customer.
L.O WINE reserves the right to cancel or refuse any Order from a Customer with whom there is a dispute regarding the payment of a previous Order.

10. PAYMENT TERMS

The price is payable in cash, in full, on the day the Customer places the Order, via secure payment and by credit card: Visa, MasterCard, Carte Bleue.

11. PROOF OF TRANSACTION

Unless proven otherwise, the Data recorded in LO WINES’s computer system constitutes proof of all transactions concluded with the Customer.

12. DELIVERY

12.1 Principle

Delivery will take place at the address indicated by the Customer when placing their Order on the Website.
The Products ordered by the Customer may be delivered in mainland France and to all member states of the European Union.
Delivery constitutes the transfer to the Customer of physical possession or control of the Product. Except in special circumstances or if one or more Products are unavailable, the ordered Products will be delivered in a single delivery.
L.O WINE undertakes to make every effort to deliver the ordered Products within a maximum of 3 weeks from the day following the Customer’s confirmation of their Order and payment. Deliveries cannot be made on Sundays or public holidays.
However, if the ordered Products have not been delivered within 14 days of the scheduled delivery date, for any reason other than force majeure or the Customer’s actions, the sale may be terminated at the Customer’s written request under the conditions set out in Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code.
The amounts paid by the Customer will then be returned to them no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.
In the event of a specific request from the Customer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by L.O WINE, the related costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Customer.

12.2 Delivery Method

The Products are delivered by L.O WINE via Colissimo (delivery time of 48 business hours in France).

12.3 Retention of Title and Transfer of Risk

12.3.1 Retention of Title

The transfer of ownership of the Products from L.O WINE to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products. 12.3.2 Transfer of Risks
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products (Art. L 216-4 of the French Consumer Code).
In this regard, the Customer undertakes to verify the good condition of the Products ordered prior to accepting delivery. In the event of a Product defect, the Customer undertakes not to accept delivery and to notify L.O WINE.
The Products therefore travel at L.O WINE’s risk.
13. WITHDRAWAL PERIOD APPLICABLE TO EVENTS (SERVICE PROVISIONS)
In accordance with current legal provisions, the Customer has a period of fourteen (14) days from the conclusion of the service provision contract to exercise their right of withdrawal from L.O WINE, without having to provide a reason or pay a penalty, for the purpose of exchange or refund.
This right of withdrawal is applicable provided that the Service has not been performed before the end of the aforementioned period.
The Customer shall inform L.O WINE of their withdrawal by using the withdrawal form or any other unambiguous statement.
L.O WINE will promptly send the Customer an acknowledgment of receipt of the withdrawal on a durable medium.

14. WITHDRAWAL PERIOD APPLICABLE TO SALES OF PRODUCTS

In accordance with current legal provisions, the Customer has a period of fourteen (14) days from delivery of the Product in question to exercise their right of withdrawal from L.O WINE, without having to provide a reason or pay a penalty, for the purpose of exchange or refund.
This withdrawal period does not apply if the Product has been unsealed by the Customer after delivery (Article L221-28-5° of the French Consumer Code).
The Customer must return new Products in their original packaging and in perfect condition, along with the return number, by post only, without delay and within a maximum period of fourteen (14) days from the date of their decision to withdraw, to the following address:

• LO WINES

23 ALLEE GUY CARRICART
33520 BRUGES
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted.

15. PERFORMANCE OF THE SERVICE

The Company undertakes to perform the ordered Service in the best possible conditions within the framework of an obligation of results.
The Company cannot be held liable for non-performance or delay in the services entrusted in the event of force majeure, intervention by the Client and/or a Third Party aimed at hindering the proper functioning of the service.
The Company undertakes to report any delay or temporary non-performance of services due to the aforementioned reasons. Such a delay cannot justify a failure to pay by the Customer.

16. WARRANTIES

The Products sold and Services provided by L.O WINE comply with the regulations in force in France.

16.1 Legal Guarantee of Conformity

The Company guarantees against defects in the Product’s conformity to the contract under the conditions of Article L. 211-2 of the French Consumer Code. It is recalled that within the framework of the legal guarantee of conformity, the Customer:

• benefits from a period of two (2) years, from the delivery of the goods, to take action against the Company;
• may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the French Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the Product.

The Customer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. The Company, as a professional, may only exclude its warranty against hidden defects if the buyer is of the same specialty and if the latter can technically detect the defects in the item at the time of sale.
In the event of a lack of conformity existing at the time of delivery, the Company undertakes, according to what is possible and reasonable:

• either to replace the Product with an identical product (with regard to available stocks);
• or to exchange the Product with a product of equivalent quality and price (with regard to available stocks);
• or to reimburse the price of the Product within 30 days following the Customer’s exercise of the legal guarantee of conformity, if replacement with an identical or equivalent Product proves impossible.

16.2 Legal Warranty Against Hidden Defects

The Company guarantees against hidden defects in the Product sold under the conditions set out in Articles 1641 et seq. of the French Civil Code. Four conditions must be met:

• 1- the defect or fault prevents the Customer from making normal use of the Product;
• 2- at the time of purchase, the Customer could not detect the defect or fault affecting the Product;
• 3- the defect or fault must not be the result of improper use of the Product;
• 4- the Customer must act within two years from the day they discovered the defect or fault to claim the benefit of this warranty.

If these four conditions are met, the Customer has the choice between:

• 1- returning the purchased product and receiving a refund of the price paid;
• 2- keeping the product and requesting a partial refund of the price paid.

16.3 Commercial Warranty

The Products delivered by L.O WINE are not accompanied by any contractual warranty.
16.4 Warranty Implementation
In order to assert their rights, the Customer must inform the Company in writing of any non-conformity of the Products within a maximum of fourteen (14) days from delivery of the Products or of the existence of hidden defects within the above-mentioned time limits, and return the defective Products in the condition in which they were received, along with all components (accessories, packaging, instructions, etc.).
The Company will refund, replace, or repair any Products or parts under warranty deemed non-compliant or defective.
Return shipping costs will be reimbursed based on the invoiced rate, and the return shipping costs will be covered by the Company. Where applicable, refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than thirty (30) days following the Company’s discovery of the lack of conformity or hidden defect.
The refund will be made by credit to the Customer’s bank account or by bank check addressed to the Customer.
The Service Provider shall not be liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify;
• in the event of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident, or force majeure.

The Service Provider’s warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or affected by a defect. The Customer may contact L.O WINE:

• by email at: info@lowine.fr
• by post at the following address: 23 ALLEE GUY CARRICART 33520 BRUGES

17. LIABILITY

17.1 Compliance of Services with Applicable Standards

The Company undertakes to sell Services that comply with the regulations and standards in force in France at the time of the Sale.

17.2 Use of the Products

LO WINES declines all responsibility and shall not be held liable for any damage caused to the Customer or a Third Party due to use of the Product that does not comply with its intended purpose. 17.3 Client Liability
The Client shall indemnify the Company against any action for eviction, claim, infringement, infringement of third-party rights, unfair competition, parasitism, or any action brought against the Company due to the content disseminated.
18. COMMITMENTS OF THE PARTIES

18.1 General Commitments of Clients

All Clients must comply with:

• these General Terms and Conditions;
• where applicable, any special derogating conditions that may be negotiated between L.O WINE and the Client;

18.2 Accuracy of Information Provided

The Client confirms that the information they provide to L.O WINE is accurate. Any inaccuracy in the Client’s statements may incur liability and/or prevent the Services from being performed, which is the Client’s sole responsibility. 18.3 Force Majeure
The Client shall not be held liable if the non-performance or delay in the performance of any of its obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code and the specific provisions herein.

19. L.O WINE’S COMMITMENTS

19.1 Performance of Services

L.O WINE undertakes to perform the Services for the benefit of Customers, in accordance with the legislative and regulatory provisions in force and the provisions of these General Terms and Conditions of Sale and Services.

19.2 Force Majeure

L.O WINE shall not be held liable if the non-performance or delay in the performance of any of its obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code and the specific provisions of Article 31 hereof. Furthermore, from the date of performance, the Client may not claim force majeure or unforeseeable circumstances against L.O WINE, as L.O WINE is considered to have fully fulfilled its contractual obligations.

20. OBLIGATIONS OF L.O WINE

L.O WINE undertakes to provide its Services to Clients, except in exceptional circumstances such as force majeure.
Furthermore, L.O WINE undertakes to implement appropriate human and material resources to ensure continuous access to the Services.

21. INSURANCE

The Company declares that it is insured for professional civil liability with a reputable company for all material and immaterial damage resulting from the performance of the service by its personnel or collaborators. The Company undertakes to maintain these guarantees throughout the term of this contract and to provide proof thereof upon request from the other Party.

22. INTUITU PERSONAE

Since this Contract is entered into “intuitu personae,” the Parties agree not to transfer, for any reason and in any form whatsoever, whether for consideration or free of charge, the contract or any of their rights and obligations to a Third Party, and not to entrust a Third Party with the performance of all or part of their contractual obligations.

However, these prohibitions may not be invoked against legal obligations of public policy or the prior written authorization of the Parties.

23. FORCED PERFORMANCE

In the event of a breach by either Party of its obligations, the Party experiencing the default shall have the right to request specific performance of the obligations arising hereunder.
In accordance with the provisions of Article 1221 of the Civil Code, the obligee of the obligation may pursue such specific performance after a simple formal notice, addressed to the obligor of the obligation by registered letter with acknowledgment of receipt, with the purpose of formal notice remaining unsuccessful, unless such notice proves impossible or if there is a manifest disproportion between its cost to the obligor, acting in good faith, and its benefit to the obligee.
The Party experiencing the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request termination of the contract in accordance with the terms and conditions defined herein.

24. UNFORESEEN EVENTS

In the event of a change in circumstances that were unforeseeable at the time the contract was entered into, in accordance with the provisions of Article 1195 of the Civil Code, the party that has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract with its counterparty.

25. EXCEPTION OF NON-PERFORMANCE

It is recalled that pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation, even if it is due, if the other Party fails to perform its own and if this non-performance is sufficiently serious, i.e., likely to jeopardize the continuation of the contract or fundamentally disrupt its economic balance.
The suspension of performance shall take effect immediately upon receipt by the defaulting Party of the notification of default sent to it for this purpose by the Party affected by the default, indicating the intention to apply the exception of non-performance until the defaulting Party has remedied the observed breach, notified by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of sending. This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the French Civil Code, if it is clear that one of the Parties will not fulfill its obligations by the due date and the consequences of this non-performance are sufficiently serious for the Party affected by the default.
This option is exercised at the risk and peril of the Party that initiates it.
The suspension of performance shall take effect immediately upon receipt by the Party presumed to be in default of notification of the intention to apply the exception of preventive non-performance until the Party presumed to be in default fulfills the obligation for which a future breach is evident, notified by registered letter with acknowledgment of receipt or on any other durable written medium that provides proof of sending. However, if the impediment is permanent or lasts beyond thirty (30) days from the date of notification of the impediment by registered letter with acknowledgment of receipt, this Agreement shall be terminated purely and simply in accordance with the terms and conditions defined herein.

26. FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the French Civil Code.

27. SUSPENSION OF SERVICES

The Company may, by operation of law, after giving three (3) days’ notice by email, suspend or block access to all or part of the Services in the following cases:

• To comply with any law, regulation, court decision, or any administrative request or injunction requiring immediate action;
• In the event that a development causes interference that may cause damage to or degradation of the Provider’s Services;
• Non-payment of the Price of the Services by the Client.

The suspension of services in the cases listed above cannot be considered a failure by the Provider to fulfill its obligations.

28. INDEPENDENCE OF THE PARTIES

Each Party is a legally and financially independent legal entity, acting in its own name and under its sole responsibility. No provision may be considered as creating a relationship of subordination between them, a guarantee of future employment, or a principal-agent relationship. Neither Party may under any circumstances be considered the representative of the other and may not act or commit on behalf of the other, except in the cases expressly provided for in the Contract.

29. ILLUSTRATION ON THE SITE

The content of the Site is the exclusive property of L.O WINE and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.
Furthermore, L.O WINE remains the owner of all intellectual property rights to the photographs, presentations, studies, etc., produced (even at the Client’s request) for the purpose of providing the Services to the Client.
The Client therefore undertakes not to reproduce or exploit any of the content without the express, prior written authorization of L.O WINE, which may make it conditional upon financial compensation. Furthermore, the photographs and graphics presented have no contractual value and cannot engage the responsibility of L.O WINE.

30. L.O WINE INTELLECTUAL PROPERTY

L.O WINE is and remains the owner of the intellectual property rights attached to the Services provided. This contract does not transfer any intellectual property rights to the Client.
The Client has a personal, non-exclusive, non-transferable right to use the L.O WINE Website and Services, limited to the duration of the contract. L.O WINE is the full owner of several brands, registered with the INPI and which are as follows:

• From the semi-figurative mark:

• Of the word mark: Créawine
• Of the figurative mark:

• From the word mark: LadiesWine

31. DATA PROTECTION – PERSONAL DATA
In accordance with Law 78-17 of January 6, 1978, amended by Law No. 2018-493 of June 20, 2018, and the General Data Protection Regulation (GDPR) which came into force on May 25, 2018, it is recalled that the personal data requested from the Customer is necessary for processing their Order and issuing invoices, in particular.
This data may be communicated to L.O WINE’s potential partners responsible for executing, processing, managing, and paying for Orders.
The processing of information communicated to L.O WINE meets legal requirements regarding the protection of personal data, and the information system used ensures optimal protection of this data.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification, opposition, portability, and limitation of processing of information concerning them.
These rights may be exercised under the following conditions and procedures:

• By email, to the following address: info@lowine.fr
• Or to the following address: 23 ALLEE GUY CARRICART 33520 BRUGES

Finally, you have the option of filing a complaint with the CNIL (https://www.cnil.fr/fr/plaintes).

32. INFORMATION – COMPLAINTS

For any information, complaints, or questions relating to this Contract and its application, as well as to the Services themselves, the Client must contact L.O WINE:

• By message to the address: info@lowine.fr

Complaints received will be processed as quickly as possible, and at the latest within 30 business days of receipt of the complaint.

33. PRE-CONTRACTUAL INFORMATION & ACCEPTANCE

By accepting these General Terms and Conditions of Sale and Services, the Customer acknowledges that all information referred to in Article L. 221-5 of the French Consumer Code has been provided to them in a legible and understandable manner, namely:

• information relating to the identity of L.O WINE and its contact details;
• the functionalities of the digital content and, where applicable, its interoperability;
• the essential characteristics of the Services, taking into account the communication medium used and the Service concerned;
• the price of the Services and any additional costs;
• the date or deadline by which L.O WINE undertakes to provide the Services ordered;
• information relating to the right of withdrawal;
• the accepted payment method.

34. PARTIAL NULLITY – INDEPENDENCE OF CLAUSES
The possible cancellation of one or more clauses of this contract by a court decision or by mutual agreement between the Parties shall not affect its other provisions, which shall continue to have full effect provided that the general structure of the contract can be preserved.

35. PROOF

By mutual agreement of the parties, the computerized records kept by L.O WINE constitute proof of the transmissions and processing carried out.
It is L.O WINE’s responsibility to maintain these records in conditions that guarantee the security and integrity of the Data.

36. DISCLAIMER

Each User is solely responsible for all their communications and interactions with other Users of the Site and with other persons with whom they communicate or are in contact when using the Site or the Services.
The User understands that L.O WINE does not verify User statements on the Site or the Services.
L.O WINE makes no representations or warranties regarding the behavior of Users of the Site or the Services, nor does it make any warranties regarding their compatibility with current or future Users of the Site or the Services. The User agrees to take reasonable precautions when communicating or interacting with other Users of the Site or Services and with any person with whom they communicate or interact in connection with the Use of the Site or Services, more specifically in the event that Users decide to meet offline or in person, whether or not such meeting is organized by L.O WINE.
L.O WINE expressly excludes any liability on its part for any act or omission on the part of any User of the Site and Services or other Third Parties.

37. ANTI-CORRUPTION
The Parties shall prohibit the following practices at any time and in any form whatsoever, with respect to a public official at the international, national, or local level, a political party, a party official, or a candidate for political office, and a director, agent, or employee of a Party, regardless of whether such practices are adopted directly or indirectly, including through Third Parties:

• Bribery (the offering, promising, giving, authorizing, or accepting of any undue pecuniary advantage or other undue benefit, from or for any of the above-mentioned persons or for a Third Party, for the purpose of obtaining or retaining business or other undue advantage);
• Influence peddling (the offering or soliciting of an undue advantage in order to exercise actual or perceived improper influence over a public or private official an undue advantage to the initial instigator of the act or to any other person);

Laundering the proceeds of corrupt practices consists of concealing or disguising the origin, source, location, disposition, movement, or illicit ownership of property, knowing that such property is the proceeds of criminal activity.

38. LANGUAGE

By express agreement between the Parties, these General Terms and Conditions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

39. APPLICABLE LAW

These General Terms and Conditions are governed by French law.

40. DISPUTES – COMPETENT JURISDICTION
Regarding Professional Clients, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences, and their aftermath, will be submitted to the Commercial Court of BORDEAUX.
Regarding Consumer Clients, all disputes to which this contract may give rise, concerning its validity, interpretation, execution, termination, their consequences, and their aftermath, and which cannot be resolved between L.O WINE and the Client, will be submitted to the competent courts under the conditions of common law. However, the Customer is informed that they may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission in the event of a dispute.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible:
The mediation fees will, where applicable, be re-invoiced by L.O WINE to the Customer in the event that the latter is implicated and is at fault. Furthermore, the Customer may, in accordance with Articles L.612-1 et seq. and R.612-1 et seq. of the French Consumer Code, submit their dispute with L.O WINE free of charge, electronically or by post, to a mediator who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
In the event of failure to reach an amicable settlement with the assistance of the mediator, any disputes arising from this contract will be submitted to the competent court under the conditions of common law, where applicable:

• Either before the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event (in accordance with Article R.631-3 of the Consumer Code);
• Or before the court of the place where the defendant resides or the place of actual delivery of the item according to the conditions of Article 46 of the Code of Civil Procedure.

41. CONTACT

For any request for information or contact, the Customer can contact L.O WINE at the following addresses:

• By message to the address: info@lowine.fr