La vente de boissons alcoolisés aux mineurs est strictement interdite.
Pour acheter sur Cashiswine vous devez donc avoir plus de 18 ans.
These General Conditions of Use (below the “General Conditions” or the “GCU”) apply to any USER, natural or legal person (below the “USER”) browsing or using the website https://www.cashiswine.fr/en/ (below the “WEBSITE”) of the company WINE DESTOCK, registered under the number 879909323, head office at 50 rue Robert 51450 Bétheny. Email : contact@cashiswine.fr (below “CASHISWINE”).
THE PRESENT GCU CAN BE CONSULTED AND DOWNLOADED FROM THE URL ADDRESS HTTPS://WWW.CASHISWINE.FR/EN/GCU
These terms are effective as of March 3, 2023 for all registered users for an indefinite period.
PREAMBLE
CASHISWINE is an intermediation service (deposit-sale) for individuals and professionals to quickly dispose of their mature wines.
Through the website https://www.cashiswine.fr/en/, CASHISWINE offers a complete and reliable digital solution to sell its wines to buyers worldwide.
The sale of wines by CASHISWINE to customers is not governed by these Terms and Conditions of Use but by the Terms and Conditions of Sale available at the following address: https://www.cashiswine.fr/gcs
IMPORTANT
Any ORDER placed on the SITE necessarily implies the CUSTOMER’s unreserved acceptance of these General Conditions of Use.
The terms used below have the following meaning in these General Conditions of Use :
“ITEMS”: means the mature wines offered for sale by CASHISWINE on the WEBSITE in accordance with the General Conditions of Sale available at the following address: https://www.cashiswine.fr/cgs
“GENERAL CONDITIONS OF USE” (or GCU) : means the present contractual conditions made available on the WEBSITE to govern the use of the WEBSITE by any USER.
“ACCOUNT” : means the interface in which all the data provided by the MEMBER is gathered, hosted on the WEBSITE. The access to the ACCOUNT is done thanks to the MEMBER’s IDENTIFIERS.
“LOGIN” : refers to the email address and password required to access his/her ACCOUNT on the WEBSITE.
“MEMBER” : refers to the user registered on the WEBSITE, who offers his or her ITEMS to CASHISWINE and who guarantees to be a consumer as defined by the preliminary article of the Consumer Code. It is expressly foreseen that the MEMBERS can be professional sellers, provided that they have declared themselves as such on the WEBSITE at the time of their registration, whether within or outside of any usual or commercial activity (RCS – Intra-community VAT).
“USER” : means any natural or legal person who accesses and browses the WEBSITE.
“PARTS” : means the USER on the one hand and CASHISWINE on the other.
“PRODUCT” : means the mature wines sent to CASHISWINE by the MEMBERS.
“WINE PACK” : means any package of PRODUCTS sent by the MEMBER to CASHISWINE to sell them. It is the pre-stamped reinforced cardboard ordered by the MEMBER to CASHISWINE.
“SERVICES”: refers to all the functionalities and other services offered by CASHISWINE to USERS in the context of the WEBSITE.
“WEBSITE” : means the Internet site accessible at the following address: https://www.cashiswine.fr/en/
“TERRITORY”: means metropolitan France, Corsica, the United Kingdom, Switzerland and the countries of the European Union.
The purpose of these GCU, concluded between CASHISWINE on the one hand, and the USER on the other hand, is to set out the contractual provisions relating to the respective rights and obligations of CASHISWINE and the USER within the framework of the use of the WEBSITE and of all the SERVICES offered on it.
The acceptance of the GCU is materialized by the express consent of the USER at the time of the creation of his ACCOUNT by the click “By checking this box, I declare to have taken knowledge and to accept without reserve the General Conditions of Use”.
This acceptance is confirmed by the notification of a confirmation e-mail from the USER and constitutes acceptance of the service offer reserved for USERS.
The USER undertakes to read these GCUs carefully when accessing the WEBSITE and is invited to download, print and keep a copy.
It is specified that these GCU are referenced at the bottom of each page of the WEBSITE by means of a hyperlink and can thus be consulted at any time.
By using the WEBSITE, the USER acknowledges that he/she has the necessary means and skills to use the WEBSITE.
The equipment required to access and use the WEBSITE is at the USER’s expense, as are the telecommunications costs incurred by their use.
CASHISWINE offers certain functionalities to USERS through the WEBSITE.
USERS acknowledge that CASHISWINE’s role is to provide an intermediation service. As such, CASHISWINE does not, at any time, become the owner of the wines for sale.
CASHISWINE acts, at all times, on behalf of the MEMBERS as an agent.
CASHISWINE assumes all responsibilities arising from the sales mandate.
Within the framework of the online intermediation service provided by CASHISWINE, the MEMBER agrees to entrust CASHISWINE with an exclusive sales mandate to do as follows :
Natural persons, of age and capable, or having an authorization from their legal representatives can register to become a MEMBER.
Legal entities (professional sellers) can register to become a MEMBER. When registering on the SITE or even afterwards if he changes his status after registration, the professional seller must indicate to CASHISWINE that he is acting as a professional.
Registration on the WEBSITE as a MEMBER is free.
To register, the USER wishing to become a MEMBER is invited to follow the following steps :
The MEMBER undertakes to provide CASHISWINE with accurate, loyal and up-to-date data, which do not infringe, in any way whatsoever, the rights of third parties.
The MEMBER commits himself to communicate to CASHISWINE any necessary update of the data communicated during his registration.
The MEMBER will receive the confirmation of his registration at the email address given in his registration form.
Once registered, the MEMBER will have to go on the WEBSITE and connect with his LOGIN.
The MEMBER will be able to modify his password at any time, via the tab ” My Account ” by clicking on ” modify my password “.
In case of loss or forget of the password, the MEMBER will be able to click at any time on the link “Forgot your password?” on the connection page to his CASHISWINE account. He will receive by email the procedure to follow to reset his password.
CASHISWINE undertakes not to communicate this password. It is up to the MEMBER to ensure the confidentiality of his LOGIN. Any connection to the MEMBER’s ACCOUNT from his LOGIN will be presumed to have been made by the MEMBER himself, who accepts the responsibility.
Any MEMBER who is aware of a fraudulent use of his LOGIN must inform CASHISWINE as soon as possible at the address contact@cashiswine.fr. His negligence in communicating this alert to CASHISWINE may be blamed on him.
The creation of an ACCOUNT requires to provide a valid email address.
The MEMBER agrees to create only one and only one ACCOUNT per household and per commercial entity on the WEBSITE. CASHISWINE declines all responsibility for the damaging consequences that would result from the use of multiple ACCOUNTS for a single MEMBER.
The MEMBER is entirely responsible for the accuracy and the updating of the data communicated in the context of the opening and management of his ACCOUNT.
CASHISWINE reserves the discretionary right to refuse the registration of a MEMBER who would not be in conformity with the spirit of the WEBSITE or who would contravene the image of CASHISWINE, and this without it being possible to engage its responsibility in any way whatsoever.
The MEMBER is free at any time to delete his ACCOUNT, without justification, by sending an email to the following address : contact@cashiswine.fr
The account will be deleted within a maximum of 14 days.
Through his profile, the MEMBER has the possibility to manage the following elements :
WARNING : CASHISWINE reserves the right to modify the criteria concerning the PRODUCTS that the MEMBER can send. A specific information will be made at each modification by CASHISWINE, on its WEBSITE at the time of the WINE PACK order and in the service emails.
CASHISWINE offers a digital solution to sell its wines at maturity (1).
(1) A wine is mature (ready to drink) when it has reached the plateau of maximum quality. This is the period that corresponds to the blossoming (or aging) phase that leads the wine to its peak. Each wine has its own rhythm of aging. Apart from the storage conditions, the plateau of maximum quality depends closely on the type of wine and the vineyard.
CASHISWINE sells only mature wines that are clearly marked with the vintage year and are less than 40 years old.
CASHISWINE offers an outlet for every wine regardless of its condition, nature and origin as long as it is mature, includes the vintage year and is less than 40 years old.
In terms of capacities, CASHISWINE sells half bottles (0.375 cl), clavelins (0.62 cl), bottles (0.75 cl), magnums (150 cl) and jeroboams (300 cl). For larger sizes, it is a service on request from CASHISWINE at the following address contact@cashiswine.fr
For limited editions, collector’s wines, special vintages, reserve wines or special wines, this is a service on request from CASHISWINE at the following address contact@cashiswine.fr
The PRODUCTS sent by the MEMBERS are used and collector wines. For the professional sellers, the PRODUCTS sent are exclusively wines from the destocking.
A mention appears during the estimation for each wine as soon as the MEMBER enters the year of the vintage allowing him to know if this one will be sold by CASHISWINE or not.
Wines with one or more defects on the container and/or an alteration of the content, will be subject to a discount applied on the indicative selling price by CASHISWINE during the verification process.
CASHISWINE also offers to take back wines whose origin can no longer be identified (no label, illegible label, etc.). This service is available upon request to CASHISWINE at the following address contact@cashiswine.fr
CASHISWINE offers a unique solution that allows MEMBERS to ship their wines to it on the TERRITORY, via a shipping system by Chrono Relais ®, free of charge for the MEMBERS under certain conditions listed below.
After validation of the price offer, the MEMBER will receive at his home by La Poste a shipping kit (WINE PACK) which consists, at least, of a reinforced cardboard box with a pre-stamped shipping slip to send his PRODUCTS to CASHISWINE for free.
In order for CASHISWINE to cover the shipping costs free of charge, the WINE PACK must have a total indicative sales price of at least two hundred and fifty euros (250€).
For indicative sales prices of less than two hundred and fifty euros (250€), the shipping and packaging costs remain at the MEMBER’s charge.
There is no minimum quantity required to use the intermediation service of CASHISWINE.
The quantities to be sold with CASHISWINE are unlimited as long as they correspond to the conditions listed above.
The WINE PACK is intended for a maximum quantity of forty-eight (48) PRODUCTS. For quantities greater than 48 PRODUCTS, a free pick-up service at the MEMBER’s home is provided within a reasonable period of time of about fifteen (15) working days.
CASHISWINE adapts the number of WINE PACKs according to the number of bottles to be sold and their capacity.
All blended wines, sparkling or not, without year are not included by CASHISWINE.
All wines and spirits without a year are not included by CASHISWINE.
All alcoholic beverages other than wines and spirits are not included by CASHISWINE.
All wines and spirits for which excise duties have not been paid are not taken back by CASHISWINE.
All new wines, all new wines, all wines of the year, even all young wines are not taken back by CASHISWINE.
All wines without Geographical Indication are not included by CASHISWINE.
All wines without sulfites that have no ageing potential are not included in CASHISWINE.
All encapsulated wines are not accepted by CASHISWINE (metal crown cap and metal screw cap).
All PRODUCTS identified as “fake wines” will be rejected by CASHISWINE (counterfeit, fake, copy, etc.).
Beforehand, the MEMBER will have to check that he can use the intermediation service of CASHISWINE. The MEMBER accepts that due to a very important activity, CASHISWINE can temporarily put its intermediation service on hold. In this case, CASHISWINE will inform the MEMBER as soon as the sales process starts and will not display the “Sell your wines” tab on the homepage.
Any MEMBER wishing to use CASHISWINE’s intermediation service to sell his wines, must follow the following steps :
The MEMBER proceeds to the estimation of his PRODUCTS via the simulation tool accessible by clicking on the tab “Sell your wines” of the homepage.
The simulation tool is based on a specific algorithm that determines an indicative selling price for each PRODUCT.
To sell his PRODUCTS, the member must accept the proposed estimate by clicking on the “Validated” tab.
CAUTION : The indicative selling price provided by the simulator for each wine corresponds to the minimum amount contractually guaranteed by CASHISWINE. This is the reference price from which CASHISWINE commits to sell the wines. Below this price, CASHISWINE will not make any sale.
The MEMBER will automatically obtain a WINE PACK after accepting the proposed estimate by clicking on the “Validated” tab.
The WINE PACK allows the MEMBERS to send free of charge from the TERRITORY the PRODUCTS they wish to sell to CASHISWINE.
The WINE PACK is sent to the MEMBER’s home within a reasonable period of time of approximately seven (7) days.
An email is sent to the MEMBER at the time of the generation of the shipping slip. From this email and as specified in it, the MEMBER has a maximum of thirty (30) days to deposit his WINE PACK in a Pickup Relay of the Chrono Relais ® network.
For the quantities superior to 48 PRODUCTS, a free service of collection at the MEMBER’s home is assured within a reasonable delay of about fifteen (15) days.
For the indicative sale prices of an amount inferior to two hundred and fifty euros (250€), the shipping of which remains at the MEMBER’s charge, the latter is informed that he will not be able to send several parcels with the same label. If however several packages with the same label are sent, CASHISWINE cannot be held responsible for the loss of the package(s) and no compensation can be received.
CAUTION : The MEMBER undertakes to send CASHISWINE perfectly clean PRODUCTS (i.e. cleaned PRODUCTS, without dust or traces of mould), with the exception of wines sold as is, whose origin cannot be identified.
When ordering the WINE PACK and before sending the PRODUCTS, the MEMBER must choose what he/she wants to do if he/she refuses the discount(s) applied on the indicative selling price by CASHISWINE on one or several proposed PRODUCTS. The reasons that lead to a discount are duly justified to the MEMBER by CASHISWINE with a photo.
If the MEMBER chooses to get back all of his PRODUCTS or only the concerned PRODUCTS, in both cases, they will be returned to him at his expense. In this case, the packaging and shipping costs of the returned PRODUCTS as well as the time spent by CASHISWINE will be charged to the MEMBER. The return will be made only after reception of the payment by bank transfer. The MEMBER has seven (7) days to send his bank transfer to CASHISWINE.
Acceptance is defined in article 1118 of the Civil Code as “the manifestation of the will of its author to be bound by the terms of the offer”.
For the record, article 1114 of the Civil Code defines the offer as “the will of its author to be bound in case of acceptance”.
When the MEMBER has accepted the indicative selling price at the end of the estimation of his PRODUCTS, the contract is, in principle, deemed to be formed. The applicant and the acceptor become immediately contractually bound.
The acceptance is, in this sense, the unilateral act by which the acceptor signifies to the offeror that he intends to consent to the contract.
CAUTION : The choice is definitive and without possible retraction as soon as the MEMBER has confirmed it by clicking on “I have read all the conditions”. The non-respect of this choice will automatically lead to the opening of a dispute against the MEMBER.
In case of a claim or complaint from the MEMBER, CASHISWINE reserves the right not to proceed with any transfer to the benefit of the MEMBER until the said claim and/or complaint has been resolved.
CASHISWINE is entitled, at any time and at its own discretion, to resort to a payment or a reimbursement of the MEMBER or even to debit him/her directly to compensate any financial claim that CASHISWINE may have against him/her.
CASHISWINE has the right to suspend a payment or a reimbursement of the MEMBER in order for him to complete a sales contract in accordance with CASHISWINE’s instructions.
Before anything else, the MEMBER will have to take care of cleaning the bottles (dust, dirt and traces of mould) that he/she is about to send to CASHISWINE. If not, a penalty will be deducted from the final sale price corresponding to the time spent by CASHISWINE teams for this task. Indeed, wine bottles are fragile. It is therefore crucial to take precautions before shipping them. It is advisable to clean them with delicacy in order not to damage the labels, the back labels, the collars and the capsules.
The MEMBER will have to deposit his WINE PACK in the Pickup Relay of his choice of the Chrono Relais ® network (Chronopost) in order to send free of charge his PRODUCTS to CASHISWINE as long as the MEMBER is on the TERRITORY, within a maximum period of thirty (30) days from the date of issue of the WINE PACK.
If the WINE PACK is deposited in a period exceeding these thirty (30) days, neither Chronopost nor CASHISWINE can be held responsible for the loss of the package and consequently no compensation can be claimed.
When depositing his WINE PACK, the MEMBER must obtain a proof of deposit. This proof must be kept by the MEMBER until the reception of the WINE PACK by CASHISWINE.
The MEMBER will have to be able to justify the deposit of his WINE PACK in case of litigation.
From the moment the MEMBER deposits his WINE PACK in a Pickup Relay of the Chrono Relais ® network, CASHISWINE will receive it within five (5) to fifteen (15) working days.
In case of dispute about the delivery of the WINE PACK, the MEMBER must contact the CASHISWINE customer service at the following address sav@cashiswine.fr in order to open a dispute file.
Upon receipt, the WINE PACK will be processed within a maximum of fifteen (15) working days by the CASHISWINE teams.
CASHISWINE reserves the right to refuse the receipt of a WINE PACK directly to the carrier in case of doubt about the condition of the PRODUCTS due to transport or storage, which will automatically lead to the opening of a dispute.
Upon receipt of the WINE PACK, CASHISWINE’s teams will check the conformity of the PRODUCTS and verify if they present one or several defects on the container and/or an alteration of the contents. If this is the case, the PRODUCTS concerned will be subject to a discount applied to the indicative selling price.
The selling price determined after the verification of the conformity of the PRODUCTS is deemed firm, final, non-negotiable and non-retractable.
If the discounts applied result in a final selling price of less than €250, the shipping and packing costs will be automatically deducted from the final selling price upon payment.
Within the framework of the verification carried out by the CASHISWINE teams, a sale can be cancelled if the elements provided by the MEMBER are deliberately erroneous and/or present a fraudulent character. In this case, the MEMBER will be informed by email of the measures taken against the MEMBER that can lead, in extreme cases, to a destruction of the PRODUCTS or even a definitive closing of the ACCOUNT.
The indicative selling price is calculated automatically through an algorithm taking into account the provenance, the quality of the vintage, the evolution curve and the interest of the wine by the consumers. However, the algorithm is not able to provide an estimate for limited editions, collector’s wines, special vintages, reserve wines or special wines.
CASHISWINE ensures an outlet for all French wines, including those whose origin can no longer be identified (no label, collar and capsule removed or damaged).
CASHISWINE gives a value to wines that do not have or no longer have a reference price based on the average of the appellations. The domains listed on the site are those whose wines have a value higher than the average of the appellation.
The MEMBER is informed by email of the processing of his WINE PACK. The information is also available on the MEMBER ACCOUNT.
After receiving the email informing him of the final refuted price of the PRODUCTS, the MEMBER is invited to finalize his WINE PACK by going on his account.
The MEMBER will have to choose the modalities related to the payment of the PRODUCTS among the following means :
To this end, the MEMBER will have to fill in his valid banking information via the “Payment Information” tab.
The payment will be made within thirty (30) working days at the latest from the date of verification of conformity of the PRODUCTS.
CAUTION : The MEMBER is informed that the commission for the use of CASHISWINE’s intermediation service will be automatically deducted from the sale price upon payment.
CASHISWINE takes all necessary measures to guarantee the security and integrity of the transaction throughout the sales process. The confidentiality of the data transmitted online by the MEMBER is scrupulously respected.
CAUTION : CASHISWINE does not make any payment by check or cash.
Any mandate concluded between the MEMBER and CASHISWINE giving rise to a commission equal to or higher than 120 euros including tax will be archived by CASHISWINE for a period of ten (10) years. Below this amount, the contract must be kept by the MEMBER.
CASHISWINE agrees to archive this information in order to ensure a follow-up of the transactions and to produce a copy of the contract at the request of the MEMBER.
In case of dispute, CASHISWINE will have the possibility to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Any MEMBER has the possibility to use the intermediation service of CASHISWINE to sell his wines and become a customer, to buy PRODUCTS on the WEBSITE.
The MEMBER undertakes to sell only PRODUCTS of which he is the sole owner or acting on behalf of a person who is the owner.
The MEMBER guarantees that he/she does not contravene in any way the laws and regulations in force or infringe the rights of third parties by offering a PRODUCT for sale at CASHISWINE.
The MEMBER guarantees that the origin, the condition and the characteristics of the PRODUCT he/she offers, is in conformity with the description made during the estimation and that the PRODUCT offered for sale is not an infringing PRODUCT.
At CASHISWINE’s request, the MEMBER shall provide it with all documents that may prove his ownership rights on the PRODUCT offered for sale and/or its origin. CASHISWINE reserves the right to delete a MEMBER’s ACCOUNT in the event that he/she does not validly prove his/her ownership rights on the PRODUCTS or the origin of the latter. The MEMBER will not be able to claim any right to compensation in case of deletion of his account for the reasons mentioned above.
The MEMBER is the only one responsible for the sale of a PRODUCT. He will notably refrain from selling any PRODUCT that would be subject to a sale ban, would contravene the laws and regulations in force and/or would infringe the rights of third parties. In this respect, the MEMBER shall refrain from selling PRODUCTS intended for employees of certain brands, from sales to staff, from press sales or any other PRODUCT whose resale would not be authorized, it being specified that CASHISWINE is not in a position to verify whether such a prohibition is applicable or not.
The transfer of ownership occurs upon receipt of the PRODUCTS by the final customers, regardless of the distribution channel.
CASHISWINE is an intermediation service, it does not take possession of the PRODUCTS (no transfer of ownership).
CASHISWINE’s intermediation service is remunerated by a commission deducted from the selling price of the PRODUCT paid by the buyer.
The applicable commission scale varies according to the value of the number of PRODUCTS sold or the outstanding amount over a calendar year.
| PRODUCT PRICING | COMMISSION |
| 0 à 249 € | 15 € |
| 250 à 2 000 € | 30% |
| 2 001 à 4 000 € | 25% |
| 4 001 à 6 000 € | 22% |
| 6 001 à 7 500 € | 20% |
| > 7 500 € | 1 500 € |
The commissions received by CASHISWINE for each transaction correspond to the amount paid by the MEMBER for the intermediation service including the control and the shipment of the PRODUCTS.
It should be noted that the subsequent modifications of the scale will not give rise to any refund concerning the transactions previously concluded.
As part of the intermediation service, CASHISWINE shall use the distribution channel best suited to the PRODUCT in order to obtain the best price for its MEMBERS. Depending on the interest of consumers in the PRODUCT, several channels may be used simultaneously.
CAUTION : CASHISWINE contractually guarantees a sale of the wines within thirty (30) days from the confirmation of the sale price, which is deemed firm, final, non-negotiable and non-retractable after the verification of the conformity of the PRODUCT(S).
All PRODUCTS offered for sale on the WEBSITE shall be sold for a maximum period of thirty (30) days.
In any event, it is understood that CASHISWINE is aimed at USERS who are potential “consumers”.
CASHISWINE undertakes to restrict access to the WEBSITE to persons of legal age (age restriction on the home page), to respect the rules in force on the sale and consumption of alcohol in the countries where the site is accessible.
In the countries where the site is accessible, CASHISWINE undertakes to comply with the rules in force governing advertising media and their content and to display the mandatory message reminding us of the risks of alcohol abuse at the bottom of each page, as well as on content that highlights bottles of wine.
The customs clearance procedure concerns exports to countries outside the European Union.
The customs clearance is conducted according to the laws of the country.
This procedure involves carrying out certain formalities and declaring, among other things, the nature of the goods exported and their value, as well as the identity of the sender and the recipient of the goods.
CASHISWINE has appointed Chronopost ® to carry out the customs clearance procedures on its own behalf. The collection of taxes is carried out directly by Chronopost ® from the customers at the time of delivery. These taxes do not appear on the invoices issued by CASHISWINE.
CAUTION : If the customer refuses to pay these taxes upon delivery, the PRODUCTS will not be delivered.
When using the SITE, each USER or MEMBER undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and of other USERS and MEMBERS and the provisions of these GENERAL CONDITIONS OF USE.
Each USER or MEMBER is solely responsible for all the information he/she puts online on the SITE.
Each USER or MEMBER is obliged to:
Any breach, attributable to a MEMBER or a USER, of one of the above-mentioned obligations, or of one of the provisions of the present GCU will justify the suspension or, if necessary, the removal of its access to the SITE without prior notice, and without payment of any kind of indemnity.
In any case, the USER or the MEMBER guarantees CASHISWINE against any recourse brought against it, or any condemnation brought against it, because of the USER’s or the MEMBER’s failure to fulfil its obligations.
In the context of the provision of the SERVICES and the availability of the WEBSITE, CASHISWINE shall only be bound by an obligation of means. CASHISWINE is under no obligation of result or of reinforced means of any kind.
The USER or the MEMBER may engage CASHISWINE’s liability if he/she has previously notified CASHISWINE by registered letter with acknowledgement of receipt of the alleged breach and if CASHISWINE has not replied within fifteen (15) days from the receipt of this notice. In any case, it is reminded that CASHISWINE’s liability can only be sought in case of proven fault.
Furthermore, CASHISWINE may not be held liable in any case:
In case of loss or damage of the WINE PACK from the moment CASHISWINE receives it, the MEMBER will be fully reimbursed on the basis of the indicative selling price.
With regard to the SERVICES, CASHISWINE draws the attention of USERS and MEMBERS to the fact that current Internet communication protocols do not allow for the certainty and continuity of the transmission of electronic exchanges (messages, documents, identity of the sender or recipient). CASHISWINE therefore declines all responsibility in the event of loss of data, intrusions, viruses, service interruptions or other problems unrelated to the WEBSITE.
Furthermore, due to the nature of the Internet network (interconnection of a multitude of independent parties), no one can guarantee the overall functioning of the networks from end to end. CASHISWINE can therefore in no way be held responsible for any prejudice of which it is not directly at the origin.
Under no circumstances may CASHISWINE be held liable, whatever the type of action brought, for indirect damage of any kind. The USER or the MEMBER is solely responsible for any direct or indirect, material or immaterial damage caused by him to CASHISWINE or to third parties due to his use of the SERVICES.
It is expressly agreed between the PARTS that the stipulations of the present clause will continue to apply even in case of termination of the present contract by a final court decision.
CASHISWINE shall not be held responsible, or considered as having failed to comply with these GCU, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals, including in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal equipment or others; and in case of interruption, suspension, reduction or disruption of electricity or other or any interruption of electronic communication networks, as well as in case of any circumstance or event outside the control of CASHISWINE occurring after the conclusion of the GCU and preventing their execution under normal conditions.
It is specified that, in such a situation, the USER or the MEMBER may not claim any compensation and may not bring any action against CASHISWINE. In the event of the occurrence of one of the above-mentioned events, CASHISWINE will endeavour to inform the USER or the MEMBER as soon as possible.
The USER or the MEMBER acknowledges CASHISWINE’s intellectual property rights on the WEBSITE, its components and related contents and waives the right to contest these rights in any form whatsoever.
The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts contained on the WEBSITE belong to CASHISWINE and cannot therefore be reproduced, used or represented without prior express authorization under penalty of legal proceedings.
Any representation or reproduction, in whole or in part, of the WEBSITE, of the data contained therein, and of the contents accessible therein, by any process whatsoever, without the prior express authorization of CASHISWINE, is prohibited and may result in legal proceedings.
In particular, CASHISWINE expressly prohibits :
Acceptance of these GCU constitutes recognition by USERS and MEMBERS of CASHISWINE’s intellectual property rights and the commitment to respect them.
CASHISWINE grants a personal, non-exclusive, and non-transferable license to USERS and MEMBERS to use the WEBSITE in accordance with these GCU.
Any other use of the WEBSITE and its contents is excluded from the scope of the present license and cannot be made without the prior express authorization of CASHISWINE.
Finally, the MEMBER commits to respect the rights of third parties on the WEBSITE. For example, the MEMBER commits to indicate an e-mail address that does not infringe the intellectual property rights of a third-party.
Within the framework of the operation of the WEBSITE, CASHISWINE may collect personal data concerning USERS and MEMBERS.
On this point, please consult CASHISWINE’s “Privacy notice” at the following address : https://cashiswine.fr/politique-de-confidentialite/en/
On this point, see CASHISWINE’s “Personal Data & Cookies Charter” at the following address :
CASHISWINE provides the MEMBER with an assistance service that can be contacted at the following address : contact@cashiswine.fr
Any written claim from the MEMBER must be sent to the following address : CASHISWINE located at 50 rue Robert – 51450 BETHENY.
If any of the stipulations of the present GCU were to be declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be considered unwritten but will not affect the validity of the other clauses which will remain fully applicable.
Such a modification or decision does not authorize in any case the USERS and the MEMBERS to disregard the present GCU.
The present GCU apply to any USER and to any MEMBER browsing the WEBSITE.
CASHISWINE reserves the right to update and modify the present GCU at any time without notice, in particular to adapt to legislative or regulatory changes, or to include new features.
It is however specified that the applicable GCU are those in force at the time of the navigation of the USER or the MEMBER of the WEBSITE, and will not apply in particular to any sending of PRODUCTS or any order of a WINE PACK already carried out.
In any case, CASHISWINE will inform the MEMBERS in case of update of the present GCU.
USERS are invited to consult the present GCU before using any of the services offered on the WEBSITE.
The fact that one of the PARTS has not required the application of any clause of these GCU, whether permanently or temporarily, shall in no case be considered as a waiver of said clause.
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
THESE TERMS AND CONDITIONS OF USE AND THE RELATIONSHIP BETWEEN THE USER AND CASHISWINE ARE GOVERNED BY FRENCH LAW.
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.
Prior to any recourse to an arbitral or state judge, in the event of a dispute arising between CASHISWINE and a USER or a MEMBER concerning the interpretation, execution or termination of these terms and conditions, the USER and CASHISWINE have the possibility of settling the dispute amicably.
To do so, the USER may either :
If no agreement is reached, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute relating to the present contract, including those concerning its validity.
In application of article L. 616-1 of the French Consumer Code, CASHISWINE shall provide the consumer with the contact details of the consumer mediator to which he/she is subject. The USER or the MEMBER can thus contact the following mediator: Mediation – Vivons mieux ensemble whose contact details are: mediation@vivons-mieux-ensemble.fr or 465, avenue de la Libération 54000 NANCY. The website is accessible from this link: http://www.mediation-vivons-mieux-ensemble.fr
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the conflict.
Since mediation is not compulsory, the USER, the MEMBER or CASHISWINE may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS, THE CASE WILL BE REFERRED TO THE COMPETENT COURT.
La vente de boissons alcoolisés aux mineurs est strictement interdite.
Pour acheter sur Cashiswine vous devez donc avoir plus de 18 ans.