Legal notices, T&Cs and terms of use

Selling

Terms and conditions

1. GENERAL

These General Conditions of Sale (the "Conditions of Sale") define the contract between the customer and the seller, SARL Friendship & wines. 726 Route de Langon, La Trinquine, 33540 Sauveterre de Guyenne, registered in the Bordeaux Trade and Companies Register under number 838 078 830 00018.

The general conditions of sale apply, without restriction or reservation, to the acquisition of all products, orders or services on site, by telephone, online at www.friendshipandwines.com or by other means between Individual and professional sellers and consumers. Placing an order implies the unconditional acceptance by the Customer of the General Conditions of Sale which prevail over all other general or specific conditions not expressly authorized by the Sellers. Friendship & Wines reserves the right to adapt or modify the Terms and Conditions at any time. In case of modification, only the agreement in force on the day of the order will be applied.

2. PRICES

The sale prices are in Euros (€), all taxes included. Any price change will be reflected on the Site. Prices do not include insurance or delivery charges where these may apply. Delivery costs are calculated separately and included in the final invoice. The delivery costs shown can only be an estimate of the final delivery costs.

The products and services sold under this Agreement shall not become the property of the Customer until full payment has been made by the latter. In the event of deferred payment, the product(s) will remain the property of the sellers until full payment has been made in accordance with these contractual conditions, even in the event of insolvency proceedings against the customer, in accordance with articles L. 621 -28 th et seq. of the Commercial Code.

All offers and prices are subject to availability. In the event that a product is not available after the order has been placed, the customer will be informed by e-mail, by telephone or by post. Sellers will offer an identical product at a similar price or the option to wait until the product is back in stock. If these alternatives are not accepted by the Customer, the order will be modified or cancelled. In the case of a canceled order, when the payment has already been made, the Customer will be reimbursed within 30 working days.

3. PAYMENT TERMS

Full payment must be made at time of order. Payment can be made by the following means:

Bank card, debit/credit: American Express, Visa or Mastercard

You may be asked to provide certain payment information, including your credit card number, credit card expiration date, billing address, and shipping information. For more information on how we handle your information, please refer to our Privacy Policy on the Site.

You represent and warrant that:

1. you have the legal right to use any credit card or other means of payment in connection with any purchase; and

2. the information you provide to us is true, correct and complete.

The Service may use third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide such information to such third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. DEFAULT OF PAYMENT

Sellers reserve the right to refuse to honor an order placed by a customer who has not fully or partially paid for an order or in the case of a previous order by the customer not paid, in whole or in part, or in pending settlement litigation.

5. VALIDATION OF THE ORDER

An order is considered “confirmed” when full payment for the order has been received. Order confirmations are sent by e-mail to the customer's address mentioned on the order form. It is the customer's responsibility to provide a valid email address for order confirmation. The confirmation of an order implies the total and unreserved acceptance of these General Conditions by the Customer, the acknowledgment of having read them in addition to renouncing its own conditions of purchase or any condition not mentioned. herein.

6. CANCELLATION

When the product(s) have been collected by a customer or the service(s) delivered to the customer, the order is final and cannot be canceled or returned. For product orders placed online on the Site, in accordance with the legal provisions in force, the Customer has the right to cancel, without giving any reason or paying any penalty, within fourteen (14) days of the receipt of the ordered items.

Services that have not yet been delivered to the Customer may be canceled up to seven (7) days prior to delivery. Beyond this period, services such as events will not be canceled and refunds will not be possible. Services canceled on time will be refunded by a chosen method of payment within thirty (30) days of receipt of notice of cancellation.

In the event of cancellation within the specified period, only the price of the product(s) and/or services purchased and the delivery costs will be refunded. All costs and expenses incurred in returning the product(s) are the responsibility of the customer.

Customers can cancel their order by sending an email and using the format below to contact@friendshipandwines.com or by mail to the address below. Product orders must be returned to Friendship & Wines intact, in their original condition, in their original packaging, including all accessories, no later than fourteen (14) days after the request for cancellation, at the following address:

Friendship & Wines, 726 Route de Langon, La Trinquine, 33540 Sauveterre de Guyenne

The purchase price of the product(s) and delivery costs will be refunded by a chosen means of payment within fourteen (14) days of receipt and verification of the products by Friendship & Wines. In the absence of return of the product(s) or proof of display within the required period, we reserve the right to defer reimbursement until receipt of the product. Incomplete or damaged items will not be eligible for exchange or refund.

7. DELIVERY

Orders are delivered by carrier exclusively to the address indicated on the order form. Sellers will do everything in their power to honor delivery within a reasonable time, but cannot be held responsible for delays beyond their control. Standard delivery is made within five (5) working days* from the date of dispatch, for small and medium-sized parcels delivered in mainland France. For delivery outside France: the Customer must submit a validated Order Form in order to obtain a quote for insurance, customs and delivery costs.

Any order delivered outside France may be subject to taxes and any customs duties that are imposed when the package reaches its destination. These taxes and any customs duties related to the delivery of an item are the responsibility of the Customer and are his responsibility. The Seller is not required to verify and inform the Customer of the applicable customs duties and taxes. To find out about them, the Customer may contact the competent authorities of his country.

For deliveries to the United States of America, the recipient must be over 21 years old and proof of identity will be required upon delivery.

8. PRODUCT VERIFICATION

Upon delivery, the Customer must check the product(s) and, in the event of material damage, refuse the damaged goods and return them to the Sellers. When the customer accepts delivery from the carrier, the delivery is accepted and the product is checked. In the event of a refused shipment, the customer must clearly identify the damage and specify it on the carrier's delivery manifest. The copy of the manifest must be sent, including the reasons for refusal to ship, to the Sellers within 48 hours, by e-mail to contact@friendshipandwines.com or by post to the following address:

Friendship & Wines, 726 Route de Langon, La Trinquine, 33540 Sauveterre de Guyenne.

If a damaged package has been delivered and the customer has signed the delivery note without modification or reservation, the product is considered accepted by the customer and the Sellers cannot be held responsible for any damage or be liable for any compensation. As a reminder, the mention “subject to unpacking” has no legal or commercial value.

9. LIABILITY

Friendship & Wines is only bound by an obligation of means. Its liability cannot be engaged for damage resulting from improper use or other problems beyond the control of the Sellers, including an event of force majeure.

10. JURISDICTION

The conditions of sale are subject to French law. The language in which this contract has been registered is French. Any translation on the site is given for information purposes only. With the exception of persons for whom the competent courts are determined by the decision of the Code of Civil Procedure, the Commercial Court of Bordeaux is the only competent authority in the event of a dispute. This competence also applies even in the case of a plurality of defendants or recourse to the guarantee.

Conditions of use

Last Update: June 03, 2022

Please read this Terms of Service agreement (the "Agreement") carefully. The terms of this Agreement govern your use of the www.friendshipandwines.com website (the "Site"), including the purchase of goods on the Site (the "Service") as operated by the Friendship business. & Wines (“we”, “us” or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others wishing to access or use the Service.

In particular, we draw your attention to the sections “Disclaimer” and “Our liability for loss or damage suffered by you”. By accessing or using the Service, you agree to be bound by this Agreement. If you disagree with any part of this Agreement, we ask that you do not use this Service.

ELECTRONIC COMMUNICATIONS

By creating an account on our Service, you agree to sign up for our newsletters, advertising and promotional materials, and other information we send. However, you can opt out of receiving any or all of our communications by following the unsubscribe link or instructions provided in all of our emails. For contractual purposes, you agree that terms and conditions, contracts, notices, publications and other communications that we send to you electronically comply with all legal requirements for written communications. The above does not affect your statutory rights.

PURCHASES

If you wish to purchase any product or service through the Service, you must review and agree to our Terms and Conditions available on the Site.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our products and services on the Service. From time to time we may be late in updating the information of the Service, our advertising on other websites. Information on the Service may contain errors and inaccuracies and may not be complete or current. Products or services may be incorrectly priced, inaccurately described, or may be unavailable on the Service and we cannot guarantee the accuracy and completeness of the Service information.

We therefore reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without notice.

CONTESTS, LOTTERIES OR PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, "Promotions") available on the Service may be governed by different rules than this Agreement. If you participate in a Promotion, please review the applicable rules and our Privacy Policy. If the rules of a Promotion conflict with this Agreement, the Promotion rules will apply.

CONTENTS

Our Service allows you to post, associate, save, share and otherwise make available certain information and videos or certain text, graphics or other materials (“User Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability and appropriateness.

Status of User Content. By posting User Content to the Site or through the Service, you represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and licenses under this Agreement and (ii) the posting of your User Content on or through the Service does not infringe any privacy rights, publicity rights , copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone who violates this Agreement or is otherwise objectionable. You retain all rights to User Content that you submit, post or display on or through the Service, and you are responsible for protecting those rights. We are not responsible for any User Content posted by you or any third party on or through the Service.

Backup of User Content. We are under no obligation to save User Content, and your User Content may be deleted at any time without notice. Because of this, we recommend storing and backing up a copy elsewhere. You are solely responsible for creating and maintaining backed up copies of User Content if you choose.

Permission to Use User Content. In order for us to operate the Service and host and display User Content, you grant us the right and permission to use, modify, publicly perform, publicly display, reproduce and distribute such User Content on and through the through the Service taking into account that this authorization is:

irrevocable – once granted, you cannot withdraw or restrict our right to use your User Content as described above;

non-exclusive – you and others, if you authorize, may use your User Content;

royalty-free and fully paid – we do not have to pay you or any third party (now or in the future) to use your User Content under the terms described above;

worldwide – we may use your User Content as described above anywhere in the world;

Sublicensable – you allow us to authorize other companies and individuals to use the license described above for the purpose of including your User Content in the Service.

We have the right but not the obligation to monitor and edit any User Content.

Waiver of Moral Rights. You hereby irrevocably waive (and agree to the cause for which you waive) any claim or assertion of moral rights or attribution to your Content.

Do not send confidential information in User Content. Please note that Content that you provide to us or make available to us on or through the Service will not be treated as confidential information. Thus, you agree not to send us any information or ideas that you consider confidential or proprietary. You acknowledge that your communications with other users through the Service are public and not private, and that you do not require the confidentiality of such communications. Any personal data submitted via reviews, feedback and comments or other features of the Service may be seen and used by other users. We strongly recommend that you do not disclose your personal data through these features. We are not responsible for any information (including personal data) you provide in this way.

Our Content. Any content that does not constitute User Content shall be the property of Marée Haute or its licensors (“Site Content”). You may not distribute, modify, transmit, reuse, download, republish, copy or use the Site Content, in whole or in part, for any commercial purpose or for your personal benefit, without our prior express written permission.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

Protection of our reputation and the rights of third parties. You agree not to use the Service to collect, upload, transmit, display or distribute Content that: (a) is obscene, offensive, hateful, inflammatory, objectionable or defamatory of any person, (b) is threatening , abusive or invasive of privacy or may cause annoyance, nuisance or anxiety, (c) may harass, annoy, embarrass or alarm another person, (d) promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age, (e) is intentionally misleading or may mislead a person, (f) imitates a person or misrepresents your identity or relationship with anyone, (g) create the impression that User Content originates from us, (h) advocates, promotes, assists or enables any illegal activity, (i) promotes violence or indecent or sexually implied material, ( j) violates any law, regulation n, obligation or restriction imposed by a third person, (k) exposes a person to danger of any type, (l) discloses or reveals personal information about another person without their prior authorization, collects or solicits the personal information of another person for a commercial or illegal purpose.

Protection of our systems. Further, you agree not to: (i) upload to, transmit, distribute or otherwise make available to others through the Service any computer virus, worm or trojan horse, time bomb, spyware, bots , bots, spiders or other potentially harmful or intrusive computer code, files or programs or designed to damage or hijack the operation of, or control the use of any computer system, hardware, software, equipment or any data, (ii) send , through the Service of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of repetitive or unsolicited messages, that whether commercial or otherwise, (iii) use the Service to harvest, collate or combine information or data about other users, including email addresses or passwords, its ns their consent, or systematically download and store Site Content, (iv) use any feature of the Service for any purpose other than its intended purpose, including exploiting any malfunctions for your personal gain, (v) hinder, disable , disrupt or create an unacceptable problem on servers or networks connected to the Service, or violate any regulations, policies or procedures of such networks, (vi) attempt to gain unauthorized access or provide automated access to the Service or to use the Service (or other computer systems or networks connected to or used with the Service), (vii) assist, enable or encourage any person to perform any of the activities described above.

RETURN

By giving us feedback or suggestions regarding the Service (“Feedback”), you also transfer the rights to such feedback to us. Please note that the Feedback you give us will not be treated as confidential information. Thus, you agree not to send us any information or ideas that you consider confidential or proprietary.

ACCOUNTS

When you create an account with us, you warrant that you are over 18 and that the information provided is correct, complete and up-to-date at all times. Inaccurate, incomplete or outdated information may cause the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to be responsible for any activities or actions taken with your account and/or password, whether your password applies to our Service or to a third-party service. You must notify us immediately of any breach of security or unauthorized use of your account.

You may not use as a user name the name of another person or entity or a name that the law does not allow to be used, a name or a trademark subject to the rights of another person or entity other than you. , without the proper permission. You may not use an offensive, vulgar or obscene name as your username.

We reserve the right to refuse service, terminate an account, remove or edit content, or cancel orders in our sole discretion if you physically violate any term of such Content or if we believe you have used the Service or attempted to use it. use for illegal activity.

You must promptly change your password and notify us by emailing us at maree.haute.vin@gmail.com if you suspect or become aware of any unauthorized use of your account or any other breach of Security.

INTELLECTUAL PROPERTY

The Service (including all information and materials provided by us on or through the Service) and its original content and all associated domain names (except User Content), all features and options are and will remain the exclusive property of Marée Haute and its licensors. You acknowledge that you have no right to access all or part of the Service in source code form. The Service is protected by copyright, trademark, patents, trade secrets, moral rights, rights of privacy, rights of publicity and all intellectual property rights and exclusive rights in under the laws of the United States, United Kingdom, France and foreign countries. Our trademarks and our trademark image may not be associated with any product or service without our prior written consent.

RESTRICTIONS

Your right to use the Service is subject to the restrictions listed below. You accept :

not to use the Service for any fraudulent or illegal purpose, except as set forth in this Agreement;

not to interfere with the operation of the Service and to comply with our Acceptable Use Policy (see the Acceptable Use Policy section below);

not to copy all or part of the Service, except if the copying is related to the normal use of the Service for the purposes for which it was intended or if it is necessary to safeguard the content or for a question of operational security;

not to reproduce, republish, reuse, upload, publish, transmit or distribute any content presented or provided through the Service, including but not limited to public and commercial purposes, including text, images, audios and videos;

not to rent, sublicense, loan, distribute, timeshare, translate, merge, adapt, modify or change all or part of the Service;

not to make any changes or modifications to all or any part of the Service or permit the Service or any part of it to be combined with or incorporated into any other product or service;

not to disassemble, decompile, disassemble, derive code or algorithms from or create derivative works based on all or any part of the Service or attempt to do so, except to the extent that such actions may not be prohibited under applicable law. vigor;

not to sell, resell, associate with, exploit, provide or make available all or part of the Service (including source code and object code), in any form, to any person without our prior written consent;

not to remove any copyright, trademark or other proprietary rights notices from the Service and to include our copyright notice on any copies you make of the Service in any medium;

to be responsible for obtaining and having obtained all necessary authorizations, consents and permits, including those of third parties, insofar as you send, publish, transmit or process personal data using the Service.

LINKS TO OTHER WEBSITES

Our Service may contain links to third party websites or services that we do not own or control.

We have no control and cannot take responsibility for the content, privacy policies or practices of any third party websites or services. We do not endorse the offerings of these entities/individuals or their websites.

You acknowledge and agree that we shall not be liable, directly or indirectly, for any damages or losses caused or claimed to be caused, in connection with the use of or reliance on any such content, goods or services available on or through the any third party websites or services.

We strongly recommend that you read the terms and conditions and privacy policies of any third party websites or services you visit.

CLOSING

We may terminate or suspend your account and deny access to the Service immediately, without notice or without liability, in our sole discretion, for any reason whatsoever and without limitation, including but not limit a breach of the Contract thereto.

If you wish to close your account, you can simply stop using the Service.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty clauses, indemnities and limitations of liability.

COMPENSATION

You agree to defend, indemnify and hold harmless Marée Haute, its parent companies, its branches, its subsidiaries and the officers, directors, employees, agents, representatives, partners and licensors of each, from any claim, obligation, liability, loss , expense (including but not limited to attorney's fees) and any damages, costs or liabilities resulting or arising from (a) the use of and access to the Service by you or anyone using your account and your password, (b) breach of this Agreement or (c) Content posted on the Service.

OUR LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU (LIMITATION OF LIABILITY)

The Service is not tailor-made for you. You acknowledge that the Service has not been developed to meet your individual requirements and therefore it is your responsibility to ensure that the options and functionality of the Service meet your requirements.

We are liable for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are liable for any loss or damage suffered which is the foreseeable result of our breach of this Agreement or our lack of reasonable care and skill, but we are not liable for any losses or unforeseeable damage. Losses and damages are foreseeable when it is obvious that they could occur or when, at the time of entering into this Agreement, you and we know that they could occur.

When are we liable for damage caused by a failure in the Service? If the Service damages a device or digital content belonging to you and this is due to a lack of reasonable care and skill on our part, we will repair the damage or pay you compensation. However, we will not be liable for any damage that could have been avoided by following our advice, such as applying an update, repair or error correction offered free of charge, or by having the requirements minimum systems that we recommend.

Limitation of Liability. To the extent permitted by applicable law, our total aggregate liability to you arising out of or relating to the Service may not, under any circumstances, exceed one hundred (€100) euros or the price paid by you for the Service during the twelve (12) previous months, whichever is greater.

We are not responsible for business loss. If you use the Service for commercial purposes, we will not be liable for any loss of profitability, loss of business, business interruption or loss of business opportunity.

We are not responsible for events beyond our control. We will not be liable for any failure to perform or any delay in performing our obligations under this Agreement caused by any circumstance or event beyond our control, including any failure in public or private telecommunications networks or delay or latency due to your geographic location or your wireless data service provider's network.

What we do not exclude. Nothing in this Agreement shall limit or exclude our liability for:

death or personal injury resulting from our negligence;

fraud or fraudulent misrepresentations;

any other liability that cannot be excluded or limited by applicable law.

Your responsibility. You agree to indemnify us for any claims, losses, liabilities, expenses (including legal expenses and costs), and any damages and costs incurred by us arising from any use of the Service that violates this Agreement. We reserve the right to exercise the exclusive defense and control of any claim brought by a third party relating to your use of the Service and you agree to assist and cooperate with us with respect to such claim.

DISCLAIMER

Use of the Service is at your own risk. The Service is provided "AS IS" and "AS AVAILABLE", with all errors. The Service is provided without warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement or method of execution.

High Tide does not warrant that a) the Service will operate in an uninterrupted, timely, secure, error-free manner or will be available at all times and places, b) all errors and defects will be corrected, c) the Service is free viruses or other harmful components, d) the results of using this Service will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.

OTHER IMPORTANT TERMS

No one else has any rights under this Agreement. This Agreement is between you and us. No other person has the right to enforce this Agreement.

If a court finds any part of this Agreement illegal or unenforceable, the rest will survive. Each paragraph of this Agreement operates separately. If any court or relevant authority decides that any of them are illegal or unenforceable, the remaining paragraphs will survive.

Even if we delay enforcing this Agreement, we can still enforce it later. If we do not immediately insist that you do what you are required to do under this Agreement or if we delay taking action against you because of your breach of this Agreement, that does not mean that you should not do these things and will not prevent us from taking action against you later.

What laws apply to this Agreement and when to take legal action? This Agreement is governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that if you live in another EU country, you can take legal action to enforce the consumer protection rights under this Agreement in the EU country in which you live.

Changes. We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. The “last updated” legend above indicates when this Agreement was last changed. We may modify the Site and/or this Agreement to: (a) reflect changes in relevant laws and regulatory requirements and (b) implement minor technical adjustments and improvements, such as to respond to a threat to Security. If a revision is material, we will provide at least 15 days' notice before the new Agreement takes effect.

Contact us. If you have any questions regarding this Agreement, please contact us at contact@friendshipandwines.com