Condizioni d'uso

 

 

Générale terms of use
for www.winebnb.com



Effective Date: April 05, 2019

 

  1. Subject

The website www.winebnb.com (hereinafter referred to as the "Website") is a platform for linking individuals and professionals (hereinafter: "Users") offering tasting and wine sales services, as well as tourism benefits related to the discovery of wine.
These terms and conditions are intended to define the terms and conditions of use of the services offered on the Site (hereinafter: the "Services") and to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the Site.
They may be supplemented if necessary, by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradiction, prevail over the latter.

 

  1.   Operator of the Site and Services, contact

The Site and the Services are operated by Sudisto Vino, SAS with a capital of 50,000 euros, registered with the RCS of PARIS under number 848 874 418, whose head office is located at 20 rue Montmartre, 75001 PARIS (hereinafter referred to as "WineBnb").

WineBnb can be contacted at the following coordinates:
Postal address: 20 rue Montmartre, 75001 PARIS
Phone: +33 972 434 211
Email address: contact@winebnb.com

 

  1. Access to the Site and Services

The Site and the Services are accessible :

  • Any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the consent of his legal representative.
  • To any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.

 

  1. Acceptance of general conditions

Acceptance of these terms and conditions is indicated by a check box in the registration form. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Site or use the Services.

 

  1. Articulation with the intervention and general conditions of MangoPay

 

    1. Users are expressly informed and agree that all payments made through the Site, are managed by Leetchi Corp. S.A., a company authorized as an electronic money institution, registered in the Luxembourg RCS under number B173459, whose head office is located at 59, boulevard Royal, L-2449, Luxembourg (hereinafter referred to as "MangoPay").
      The Users contract directly with MangoPay regarding the implementation of these payments, by accepting MangoPay's general terms and conditions by means of a checkbox when registering on the Site.
      In case of contradiction between the general conditions of MangoPay and these general conditions, the latter prevail.
       
    1. As part of the Services, Users transmit to MangoPay all their payment instructions through their Personal Space. As a result, Users expressly mandate WineBnb to transmit such instructions to MangoPay, on their behalf and on their behalf.
       
    1. The implementation of the Services requiring the payment, the Users are informed and accept that the refusal of MangoPay to accept the registration of the User as a user of its own services, as well as the end of the contract between a User and MangoPay, for whatever reason, will automatically and automatically result in the termination of this contract between WineBnb and this User and, consequently, the closure of the Account of the latter. 

   Conversely, the termination of this agreement between WineBnb and a User will automatically result in the termination of the contract between this User and MangoPay.

 

 

  1. Registration on the Site

 

    1. The use of the Services requires the User to register on the Site, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Incomplete registration will not be validated.
      The registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: the "Personal Space") which allows to manage its use of the Services in a form and according to the technical means that Winebnb deems most appropriate to make said Services.

  The User guarantees that all the information he gives in the registration form is accurate, up to date and sincere and is not vitiated by any misleading nature.
  He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.
  The User is informed and agrees that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

    1. The User may access his Personal Area at any time after identifying himself with his login and password.
      The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
      He is also responsible for maintaining the confidentiality and security of his username and password. He must immediately contact Winebnb at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges the right of Winebnb to take all appropriate measures in such cases.

 

 

  1. Description of the Services

The User has access to the following Services, in a form and according to the functionalities and technical means that Winebnb deems most appropriate.

    1.        Wine tasting

Users can participate in wine tastings, offered through an announcement on the Site:

  • By individuals at their place of residence (hereinafter referred to as "private tastings"), or
  • By professionals, offering tastings in a place of their choice (hereinafter: "Professional tastings"), or
  • In the context of events such as cocktail dinners (hereinafter: the "Events").

 

              7.2        Œnotourisme

WineBnb provides Users with a space allowing them either to offer or to benefit from accommodation and wine events, the terms of which will be governed by separate general conditions of use (hereinafter referred to as "Oenotourism services") available at the following address (link to be inserted when available).

 

              7.3         View

Users can rate and give advice on the following:

  • The other Users as part of the Wine Tourism Services
  • The wines offered during private tastings or professional tastings
  • Hosts hosting / organizing events

These opinions are collected for the purpose of optimizing the Services and in order to offer Users Winebnb events organized around the wines that have had the most success with Users.

 

 

  1. Financial conditions

 

8.1         Price

The prices of the Services are indicated on the Site.
Unless otherwise stated, they are expressed in Euros and all French taxes included.

 

             8.2          Billing

The Services are the subject of invoices which are communicated to the User by any useful means.
 

             8.4          Compensation

The User expressly agrees that all the obligations of payment of the sums of money arising between himself and WineBnb, not subject to discussion as to their enforceability and to their amount, will compensate each other, by right and without formality, that the conditions of the legal compensation are met or not. However, this compensation may not have the effect of exempting the parties from their accounting obligations relating to the issue of invoices.

 

            8.5           Delays and payment incidents

The User is informed and expressly agrees that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Articles 14 and 22 and from the first presentation of a formal notice by letter recommended AR:

(i) the forfeiture of the term of all sums due by the User and their immediate payment;
(ii) the immediate suspension of the Services in process until the full payment of all sums due by the User;
(iii) the billing to WineBnb of late interest at the rate of:

• 1.5 times (one and a half times) the legal interest rate, based on the amount of all the sums due by the User when the User is an individual
• 3 times (three) the rate of the legal interest, based on the amount of all the sums due by the User and a lump sum compensation of 40 (forty) € for recovery costs, without prejudice additional compensation if the recovery costs actually incurred exceed this amount.

 

 

  1. Evidence Agreement

 

The User acknowledges and expressly agrees:

(i) that the data collected on the Website and the computer equipment of Winebnb is evidence of the reality of the operations performed in the context of the present,
(ii) that such data constitutes the main mode of proof admitted between the parties, in particular for the calculation of sums due to Winebnb.

The User can access these data in his Personal Space.

 

  1.  Obligations of Users

 

Without prejudice to the other obligations provided herein, the User undertakes to respect the following obligations.

 

10.1 The User agrees, in his use of the Services, to respect the laws and regulations in   force and not to infringe the rights of third parties or public order.
He alone is responsible for the proper performance of all formalities including administrative, fiscal and / or social and all payments of contributions, taxes or levies of any kind that are incumbent on him if any in connection with its use of the Services, including licenses necessary for the sale of alcohol. The responsibility of Winebnb will in no case be engaged in this respect.

10.2 The User acknowledges having read on the Site the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services and the relations he may establish with other Users and the information he will communicate to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. The User agrees in addition, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.

10.3 The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.

10.4 The User forbids, for the duration of the present and beyond, during a period of 6 (six) months, of

  • offer, solicit and / or benefit from the services of other Users registered on the Site other than through it; 
  • ask other Users to pay additional fees or additional fees for the Services offered on the Site.

10.5 The User undertakes to provide Winebnb with all information necessary for the proper performance of the Services. More generally the User agrees to cooperate actively with Winebnb for the proper execution of these.

10.6 The User is solely responsible for the contents of any kind (editorial, graphic, audio, audiovisual or other, including the name and / or image possibly chosen by the User to identify it on the Site) that it broadcasts as part of the Services (hereinafter referred to as "Content").
It guarantees to Winebnb that it has all the rights and authorizations necessary for the diffusion of these Contents.
It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not violate any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of Winebnb.

The User is forbidden to broadcast, and without this list being exhaustive:

  • Pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
  • Counterfeit contents,
  • Attempted Content in the image of a third party,
  • False, misleading or proposing or promoting illegal, fraudulent or deceptive content,
  • Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),and, more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner and in any form whatsoever.

10.7 The User expressly authorizes Winebnb to use his Profile image, for purposes of illustration on the Site or promotion of it, by any means and on any medium, for the whole world, for the duration of the registration of the User on the Site. This authorization is granted free of charge.

10.8 The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.

10.9 The User is informed and accepts that the implementation of the Services requires that he be connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10.10 The linking through the Site subjects the User to specific obligations, especially in tax and social matters. In order to know the obligations incumbent on him according to his own situation, the User is invited to consult the websites and practical fact sheets posted by the Treasury and Social Security and accessible at the links below:

  • Tax obligations (https://www.impots.gouv.fr/portail/node/10841)
  • Social obligations (http://www.securite-sociale.fr/Vos-droits-et-demarches-in-the-cadre-des-economic-activites-economites-entre-particuliers-Article-87)

The User is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind that are incumbent upon him in connection with his use of the Services. The responsibility of Winebnb will in no case be engaged in this respect.

 

 

  1. User Warranty

 

The User warrants Winebnb against any complaints, claims, actions and / or claims that Winebnb may incur as a result of the User's breach of any of its obligations or guarantees under these terms and conditions.

He undertakes to indemnify Winebnb for any loss he may suffer and to pay him any costs, charges and / or convictions that he may have to bear as a result.

 

 

  1.  Prohibited behavior

 

12.1 It is strictly forbidden to use the Services for the following purposes:

  • the exercise of illegal activities, fraudulent or infringing the rights or security of third parties,
  • the breach of public order or the violation of the laws and regulations in force,
  • intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,
  • the sending of unsolicited emails and / or prospecting or commercial solicitation,
  • manipulations intended to improve the referencing of a third site,
  • use of the Site to disseminate information or links redirecting to a third party site,
  • the assistance or the encouragement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
  • and more generally any practice diverting the Services for purposes other than those for which they were designed.

 

12.2 Users are strictly prohibited from copying and / or diverting for their purposes or that of third parties the concept, the technologies, all or part of the data or any other element of the Winebnb Site.

12.3 Are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempts of intrusions into Winebnb's systems, (iii) any diversion of system resources (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to infringe the rights and interests financial, commercial or moral Winebnb or users of its Site, and finally more generally (vii) any breach of these terms and conditions.

12.4 It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the Site, as well as the information that is hosted and / or shared.

 

 

  1.  Penalties for breaches

 

In case of breach of any of the provisions of these terms and conditions or more generally, infringement of the laws and regulations in force by a User, Winebnb reserves the right to take any appropriate measure including:

(i) suspend access to, or participation in, the Services of the User, the author of the breach or offense,
(ii) delete any content posted on the Site,
(iii) publish on the Site any information message that Winebnb deems useful,
(iv) notify any relevant authority,
(v) initiate any legal action.

 

 

  1.  Liability and warranty of Winebnb

 

14.1 Winebnb undertakes to provide the Services diligently and according to the rules of the art, being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and accept specifically.

14.2 Winebnb is not aware of the Content posted by the Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and for which it intervenes only 'as a hosting provider.
Consequently, Winebnb cannot be held responsible for the Content, whose authors are third parties, any possible claim to be directed in the first place to the author of the Content in question.
Content harmful to a third party may be the subject of a notification to Winebnb in the manner provided by Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, Winebnb reserving the right to take the measures described in Article 14.

14.3 Winebnb acts as broker in that it provides the Users with tools and technical means enabling them to enter a relationship for the purpose of using the Services. Its responsibility is limited to the provision of these means, as described herein and the linking of Users between them.

Winebnb acts in its own name and does not perform any legal acts in the name and on behalf of Users, who contract directly with each other.

Winebnb is not party to the contracts concluded between the Users and cannot under any circumstances be held liable for any difficulties that may arise during the conclusion or execution of these contracts or be a party to any disputes that may arise. or between the Users concerning the delivery of products and / or services, guarantees, declarations and any other obligations to which the Users would be held.

However, in order to constantly improve the quality of the Services, Winebnb invites Users to inform them of any comments and information they may wish to make known to them regarding the quality of the transactions made through the Services.

14.4 Winebnb undertakes to conduct regular checks to verify the functioning and accessibility of the Site. As such, Winebnb reserves the right to temporarily interrupt access to the Site for maintenance reasons. Similarly, Winebnb cannot be held responsible for temporary difficulties or impossibilities of access to the Site resulting from external circumstances, force majeure, or due to disruption of telecommunications networks.

14.5 Winebnb does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User based on his own personal constraints, will specifically meet his needs and expectations.

14.6 In any case, the liability liable to be incurred by Winebnb under the terms hereof is expressly limited to proven direct damages suffered by the User, when the User is an individual.

 

 

  1.  Intellectual property

 

15.1 Intellectual property of Winebnb

The systems, software, structures, infrastructures, databases and contents of any nature (texts, images, visuals, music, logos, brands, databases, etc ...) operated by Winebnb within the Site are protected by all rights of intellectual property or rights of database producers in force. All disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Winebnb are strictly prohibited and may be subject to prosecution.

 

15.2 Intellectual Property of the User

The Services are intended for the dissemination and exchange of information intended for the implementation of the Services.
The User acknowledges and agrees that by posting content on the Site, he intends to participate voluntarily and freely in the diversity of this information, in the spirit of a community exchange. As such and for the purpose of implementing the Services:

  • It agrees that its Content is distributed free of charge by Winebnb on the Site and on all other French or foreign websites, published by all companies with which Winebnb has agreements,
  • It agrees that its Content is broadcast by Winebnb by any means and on any support for the promotion of the Site,
  • He accepts that his Editorial Content is translated into all languages,
  • It acknowledges and accepts that the Content may be subject to changes, as to their framing, format and colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Site.
  • He waives any request from Winebnb for any remuneration, royalty, indemnity or financial compensation in this respect.

 

 

  1.  Personal data

Winebnb has a personal data protection policy whose characteristics are explained in the document entitled "Personal Data Protection Charter", which the User is specifically invited to read.

 

 

  1.  Advertising

Winebnb reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Winebnb will be the sole judge.

 

 

  1. Links and third-party sites

Winebnb will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User would access through the Site.

Winebnb does not endorse any liability for the content, advertising, products and / or services available on such third-party sites and mobile apps which are reminded that they are governed by their own terms of use.

Winebnb is also not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User is directed through the Site and cannot under any circumstances be party to any potential disputes with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which these third parties are held.

 

 

  1.  Duration of Services, unsubscription

The User may unsubscribe from the Services at any time through his Personal Space.

The unsubscribe is effective immediately. It automatically deletes the User Account.

 

 

  1. Changes

 

Winebnb reserves the right to modify at any time these terms and conditions.
The User will be informed of these modifications by any useful means.
Users who do not accept modified terms and conditions must unsubscribe from the Services in accordance with Article 19.
Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these changes.

 

 

  1.  Language

In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

 

 

  1.  Mediation

The User has the right to make a free use of a consumer mediator for the amicable resolution of any dispute concerning the execution of the present which would oppose him to WineBnb, in the conditions provided for in articles L611-1 and following R612-1 and following of the Consumer Code.

He can contact for this purpose the following consumer mediator:
Center of mediation and amicable settlement of the judicial officers (Medicys)
Postal address: 73 Boulevard de Clichy, 75009 Paris
Email address: contact@medicys.fr
Phone: +33 (0) 1 49 70 15 93
http://www.medicys.fr/index.php/consommateurs/

 

23. Governing Law and Jurisdiction

 

These general conditions are governed by French law.
In the event of any dispute as to the validity, interpretation and / or performance of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule, except contrary mandatory rules of procedure.