logo Cavacave

To value your passion

Terms and Conditions

Summary of Changes

Application date: April 10, 2022

  • Merging into a single document the "GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE" and the "SPECIFIC TERMS OF USE - AUCTION BROKERAGE".
  • Clarification on the status of sellers, whether they are consumer sellers (individuals) or professionals
  • Inability for non-professionals (legal entities whose corporate purpose is not the sale of wine) to sell on the platform
  • Clarification on buyers' rights depending on the nature of the sellers with regard to the French Consumer Code.

The SITE offers Users several Services that require the establishment of general terms of use and specific terms of use for auction brokerage as detailed below.

GENERAL TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE

These general terms of use ("GTU") govern access to and use of this website, located at the URL https://www.CAVACAVE.COM, hereinafter referred to as the "SITE", managed and hosted by SAS WINE PROJECT, with its registered office at 13 rue Marceau – 93100 MONTREUIL, registered with the RCS of Bobigny under number 793 730 086 ("CAVACAVE.com" or "Cavacave").

You are hereinafter referred to either by the personal pronoun "You" or by the term "User".

Any connection, use, or consultation of the SITE implies that you accept and comply with these general terms of use. Acceptance results from your use of the SITE.

I. DEFINITIONS

Buyer: means a User who purchases one or more Lots through the SITE and who must have the legal age set by their national legislation for alcohol consumption;

CAVACAVE.com: has the meaning given in the Preamble of these terms;

GTU: has the meaning given in the Preamble of these terms;

Order: means any order relating to Lots on the SITE by auction brokerage and/or direct sale;

Content: has the meaning given in Article IX;

Consumer: means any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity within the meaning of the Consumer Code;

Lot: means a lot of one or more identical bottles of wine (appellation, estate, vintage) offered for sale on the SITE;

MANGOPAY.com: means the online payment system allowing Users to pay for Services on the SITE and provided by the electronic money institution MANGOPAY SA, a limited liability company registered in Luxembourg, duly authorized and regulated by the Commission de Surveillance du Secteur Financier of Luxembourg;

Non-Professional: means any legal entity not acting for professional purposes within the meaning of the Consumer Code;

Professional: means any natural or legal person, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when acting in the name or on behalf of another professional within the meaning of the Consumer Code;

SITE: has the meaning given in the Preamble of these terms;

Services: has the meaning given in Article IV;

Territory: has the meaning given in Article VIII;

User: means any internet user browsing the SITE;

Order Validation: has the meaning given in Article VIII;

Seller: means any Consumer and/or Professional User who offers Lots for sale on the SITE. It is specified that Non-Professionals are not authorized to sell on the SITE;

You: has the meaning given in the Preamble of these terms;

II. AGE LÉGAL POUR LA CONSOMMATION D'ALCOOL

The SITE offers information and services related to alcoholic beverages and their sale. You must therefore have the legal age set by your national legislation for alcohol consumption in order to create an account on the SITE, to sell and/or to buy on the SITE. If this is not the case, you will not be able to interact with the SITE or with other Users. The identity verification process takes place when creating an account, an unavoidable step to access the SITE's features.

In any case, excessive alcohol consumption is dangerous for health. To be consumed with moderation.

II. ACCÈS AU SITE

Most of the SITE's content and services are offered in French.

This SITE is accessible 24 hours a day, 7 days a week, except in case of force majeure, made by third parties and/or maintenance and necessary interventions for the SITE's proper functioning. In case of interruption, it will be notified by means of a warning appearing on the home page or by any other means.

The SITE cannot be held responsible in case of interruption of access networks to the SITE, total or partial unavailability of the SITE resulting in particular from the operator of telecommunications, in case of transmission error or problems related to the security of the transmissions, in case of failure of reception equipment or your telephone line.

Access to the SITE requires access to the internet at sufficient speed and the use of an access terminal (computer or others) adapted (the potential costs related to access to the internet and the tariff policy of your access provider are at your charge).

CAVACAVE.com is not responsible if you cannot connect due to any technical problem or any problem related to network congestion or the use of an inappropriate speed.

IV. OBJET DU SITE

Access to the SITE is free and unlimited in time.

The SITE is a portal site offering:

(i) editorially-oriented information on wine, without guarantee of accuracy. This part has only the vocation to inform the User, without claiming to be exhaustive or accurate;

(ii) a platform for the matching of wine sellers and buyers, accessible only after User validation allowing auction brokerage and direct sales;

(iii) an auction brokerage service governed by the specific terms of use for auction brokerage below reproduced in the following terms of these GTU;

(iv) the matching with service providers working in the cave and wine universe. (the "Services")

V. DÉFINITION DE L'UTILISATEUR

Only persons over 18 are authorized to create an account on the site www.cavacave.com, to publish, sell and/or buy Lots.

To publish an announcement, comment on an existing announcement or contact a User who has published an announcement, it is necessary to have previously created an account and to be authenticated in it in order to perform these interactions.

Regarding a community of curious and passionate people, the SITE favors the publication of announcements by natural persons, while also welcoming announcements from professionals as defined in the Preambular Article of the Consumer Code, duly identified as such.

VI. CONTENU DES ANNONCES

  • To publish an announcement, the Seller must associate the (s) bottle(s) he sells with a (s) wine(s) appearing in the CAVACAVE.com database.
  • It is requested of each person contributing to the SITE's content to take care of the spelling and syntax in the expression language. Cavacave, takes the right to delete contents deemed of poor quality and to modify errors in appellations. Beyond that, Cavacave does not intervene on the content of announcements.
  • On express request of the Seller, CAVACAVE may proceed to the seizure of his announcement; it is then communicated to him in the form of a text file, reproduced faithfully by Cavacave. This does not involve any control by Cavacave on the content of the announcement which remains the sole responsibility of the Seller.
  • If the Seller's wine is not referenced in the database, the Seller suggests placing a new wine reference which will be validated by Cavacave in order to preserve the quality and uniqueness of the database.
  • The Seller is invited to publish an announcement as complete as possible in order to increase his chances of finding buyer for the Lot he puts up for sale and to enlighten him as best as possible on the nature of the proposed Lot without risk of confusion.
  • Since the SITE is bilingual, the descriptions and conservation and storage conditions can be written in two languages (French and English); the Seller expressly authorizes Cavacave to translate his announcement using automatic translation tools. As a result, Cavacave cannot guarantee the accuracy of the result and cannot be held liable for this.
  • The Seller is responsible for updating his announcements, adjusting the quantities available and archiving an announcement whose total quantities are sold. He must indicate precisely the level of the bottle put up for sale, the state of the label, cap, acquisition year, purchase price, purchase channel, insert up to four photographs of his bottle, and a free optional description. He also communicates information on the product storage conditions.
  • The photographs illustrating the state of a bottle concern only that one and illustrate the actual state of that bottle or strict identical Lots.
  • Only wines produced and produced by professional producers and supporting a break can be offered for sale.
  • The diffusion of an announcement is authorized exclusively for original products. The User expressly undertakes not to offer counterfeits and guarantees the origin of the bottles offered.

In no case, CAVACAVE does not have control over the editorial content of announcements, and acts therefore as a simple host, in the sense of the law of June 21, 2004 on confidence in the digital economy.

VII. RESPONSABILITES LIÉES A L'ANNONCE

  • The Seller publishing an announcement certifies to be the sole and entire owner of the bottles he puts up for sale.
  • In accordance with the provisions of the Consumer Code and in particular Article L. 121-2, the sale, by a professional seller within the meaning of the Consumer Code who pretends to be a non-professional within the meaning of said Code is liable to be considered as a deceptive commercial practice and, as such, punishable up to two years in prison and a fine of 300,000 euros. The amount of the fine may be increased, proportionally to the benefits derived from the crime, to 10% of the average annual turnover, calculated on the three most recent annual turnover figures known at the date of the facts, or to 50% of the expenses incurred for the realization of the publicity or the practice constituting this crime.
  • In no case, Cavacave and its editor cannot be held responsible for false information contained in an announcement.
  • Cavacave and its editor cannot be held responsible for the quality of the wine contained in the bottles put up for sale.
  • In case of international matching, the parties are required to fulfill the declaration formalities and pay the customs duties in force to the competent authorities.
  • The Seller and the Buyer agree on a sale price and choose the sale method. These provisions do not apply to sales by auction which are governed by specific terms of use for auction brokerage, being specified that the best bid does not have the guarantee of winning the Lot even if the reserve price has been reached. In any case, it is recommended that an insurance on the value of the transaction be taken out in the framework of an shipment - Cavacave can help the parties to organize the shipment in optimal conditions via its network of partner transport.
  • Any attempts to violate these rules and/or any regulatory or legal provisions will be reported to the competent authorities, without prejudice to the immediate closure of the account.

VIII. MISE EN RELATION DES VENDEURS ET DES ACHETEURS

The SITE allows the matching of wine sellers and spirit sellers with buyers.

The User declares having taken note of these terms before Order Validation. Therefore, Order Validation implies acceptance without restriction or reservation of these terms, applicable for Orders made in view of a delivery in metropolitan France, including Corsica (the "Territory").

The Buyer and the Seller recognize that the Order Validation by the Buyer, namely the payment of the price, creates a legally binding contract between the Buyer and the Seller on the basis of the announcement. The Buyer undertakes to pay the purchased Lots and the Seller undertakes to transfer the property of the sold Lots. The Buyer and the Seller recognize that CAVACAVE does not intervene in the transaction between the Buyer and the Seller and is therefore not a party to this contract. CAVACAVE does not buy, sell or exchange any Lot appearing on the SITE. The parties are free to conclude or not the sale once the matching is made. The shipment is the responsibility of the Seller, CAVACAVE never being in possession or owner of the bottles. In this regard CAVACAVE cannot guarantee the product quality or its authenticity. The Buyer is informed that in the event that the Seller is not a professional within the meaning of the Consumer Code, the Buyer will not be able to benefit from the provisions relating to consumer protection.

The SITE makes available to the parties an optional secure payment platform: MANGOPAY.com. Purchases made without going through the SITE between Buyers and Sellers are at the risk and peril of the Users and CAVACAVE cannot be held responsible for purchases made outside the SITE and declines any responsibility arising from these purchases. For your security and that of the transactions, we invite you not to make any transaction outside the SITE.

At the end of the sale, the SITE proposes a system for rating Buyers and Sellers in order to express their satisfaction with the concluded operation between them.

Creation of the account:

The User is invited to create an account by providing the following information: username, email address, password, and date of birth. The form is then validated, on condition that the User is declared as an adult, and the account is created. The User undertakes to communicate accurate information.

As an authenticated User, the User can access all the characteristics of his account and edit them. He has the ability to subscribe to the newsletter.

Private message between registered Users: Only the pseudonyms are communicated to the Users. The SITE undertakes not to communicate the identity or personal information.

The SITE notifies the Seller the comments received from other Users by sending an email whose address is used when creating an account on the SITE.

Sale modalities: When the Buyer and the Seller have agreed on the sale conditions, the sale takes place either by the physical meeting of the parties, or by shipment.

In case of physical meeting, the SITE does not intervene in the transaction phase.

In case of shipment, the Buyer and the Seller can decide to use the transaction functions offered by the SITE via its partner MANGOPAY.COM. In this case, the parties accept the general terms of use of MANGOPAY.COM accessible at the following address: https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_FR.pdf and undertake to comply with it.

When the Buyer validates the transaction having taken care to choose the delivery method that suits him among those proposed by the Seller, the amount of the transaction, increased by service fees, is paid to an "eWallet" of the Buyer dedicated to the order and the service fees on the "eWallet" of the SITE (the "Order Validation").

The Seller has three (3) working days from the Order Validation to ship the validated Lots to the Buyer. He undertakes to contract an insurance at least equal to the value of the Lot concerned by the sale (and failing that to reimburse the price of the transaction if the shipment is defective).

In a period of thirteen (13) days from the Order Validation, the Buyer is solicited to confirm the good reception of the purchased Lot. Without response from his part within fifteen (15) days after the Order Validation, he receives from the SITE a daily reminder by email. Without response from his part after twenty-one (21) days from the Order Validation, the sale is deemed to be in conformity, namely notably that the received merchandise is in conformity; the product of this sale becomes available for the Seller. The amount is transferred from the "eWallet" of the Buyer dedicated to this order to the "eWallet" of the Seller and can be transferred to his bank account.

If within fifteen (15) days from the Order Validation, the Buyer has not received the parcel, a dispute is then triggered with the carrier and the amount remains blocked on the "eWallet" of the Buyer dedicated to the order until the dispute is resolved.

If the received merchandise by the Buyer is either not in conformity with its description or damaged, the Buyer must inform the SITE and the Seller in the shortest possible time and create a dispute with the carrier if applicable.

It should be noted that the regulation aimed at combating money laundering and financing terrorism (KYC) obliges any physical Seller to provide a complete, legible and valid copy of an identity document and any legal Seller to provide: • Complete, legible and valid copy of the social representative, • K-bis of less than 3 months • Datated and signed statutes • The list of effective beneficiaries dated and signed.

Delivery modes: The Buyer and the Seller agree either on a hand delivery - and the associated conditions - or on a postal delivery.

Purchase process: Once the sale is accepted by the Seller, and the secured amount on the payment platform, he has a three (3) day period to proceed with the shipment. If he fails to do so, his announcement is automatically unpublished. The payment is triggered within a maximum period of twenty-one (21) days from the declaration of shipment made by the Seller, subject to the preceding.

Handling of claims: In case of dispute between the SITE and a User, we invite you in the first place to contact us at the following address: Wine Project S.A.S 13, rue Marceau 93100 Montreuil – France

We will strive to find a satisfactory solution within a reasonable period.

In case of dispute between Users, the SITE, due to its intermediary position, has no vocation to intervene. It encourages the Parties to approach and find a negotiated solution. The only intervention of the SITE consists in blocking the payment in the meantime awaiting a resolution.

Payment: The payment of the amount due from the transaction is triggered by the Buyer when he validates his order. The amount thus released is transferred from the "eWallet" Buyer to the "eWallet" Seller. The amount will be released and transferable to the Seller's bank account within a maximum period of twenty-one (21) days from the payment of the amount due if no dispute on transport and/or product conformity is open in this period.

CAVACAVE remuneration: Cavacave earns on the service fees inherent to the publication, maintenance of the SITE and other fees charged by the parties concerned.

In the case of direct sales, the service fees amount to 6% h.t. charged in addition to the purchase price to the Buyer, on the one hand, and to 6% h.t. of the sale amount charged to the Seller.

In the case of auction brokerage activities, the service fees amount to 17% charged in addition to the purchase price to the Buyer, on the one hand, and to 5% of the sale amount charged to the Seller.

The rate may be adjusted according to the values of the Lots transacted.

Reminder of the regulation relating to the sale: Article L. 211-4 of the Consumer Code: The Seller must deliver a conforming product in accordance with the contract and respond to the existing conformity defects at the time of delivery. He also responds to conformity defects resulting from the packaging, assembly or installation instructions when this has been entrusted to him by the contract or has been carried out under his responsibility.

Article L. 211-5 of the Consumer Code: For the product to be conform to the contract, it must:

  1. Be suitable for the usual expected use of a similar product and, if applicable:
    • correspond to the description given by the Seller and possess the qualities that the latter presented to the Buyer in the form of a sample or model;
    • present the qualities that an Buyer can legitimately expect eu regard to the public statements made by the Seller, by the Producer or by his representative, notably in the publicity or labeling;
  2. Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Buyer, communicated to the Seller and that the latter has accepted.

Article 1641 of the Civil Code: The Seller is liable for the guarantee for hidden defects of the sold product which render it unsuitable for the use intended or which diminish such use to such an extent that the Buyer would not have acquired it, or would have given it a lower price, if he had known them.

IX. OBLIGATIONS DES UTILISATEURS

  1. You undertake not to hinder in any way the proper functioning of the SITE, notably not to block or alter the normal data flow, access fraudulently the SITE's information system, disturb or modify it.

  2. The SITE may contain a "forum" space on which you can post content (your "Content"). By providing your Content on the SITE (whether it is comments, texts, images, sounds, videos, pseudonyms, avatars…), you are subject to the provisions of the laws and regulations in force. You notably guarantee that you own all necessary rights and authorizations from the beneficiaries concerned.

You are therefore responsible for ensuring that the storage and diffusion of your content via the SITE do not constitute (i) a violation of the intellectual property rights of third parties (including, clips, television broadcasts, shorts, moyens and /or long films, animated or not, advertisements, that you did not personally realize or for which you do not have the necessary authorizations from the third parties or collective management companies, holders of rights on these), (ii) an infringement on persons (including defamation, insults, insults, etc.) and the respect of privacy, (iii) an infringement on public order and morals (including, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.).

By participating in the forums present on the SITE, by depositing opinions, comments, suggestions and content of any nature, you grant a non-exclusive, transferable, free, sub-licensable, worldwide license of the entire exploitation rights - including reproduction, representation and adaptation rights (including montage and extracts) - attached to your Content, for any type of uses.

X. RIGHT OF WITHDRAWAL

In the case of the purchase of Lots sold by Consumer Sellers, you do not have any right of withdrawal relative to the articles from this service according to Articles L221-1 and following of the Consumer Code.

In the case of purchases from Professional Sellers (within the meaning of the Consumer Code) and according to Articles L221-18 and following of the Consumer Code, you benefit from a withdrawal right in a period of fourteen days from the day of receipt of the product by you or a third party other than the carrier designated by you.

To exercise the right of withdrawal, you must notify your decision to Cavacave at the following address SAS WINE PROJECT, with its registered office at 13 rue Marceau – 93100 MONTREUIL or by email to the address info@cavacave.com by means of a clear and unambiguous declaration expressing your intention to withdraw from (for example, letter sent by post, fax or electronic mail).

You are responsible for returning the Lots to the Seller without undue delay and, at the latest, within fourteen days from the communication of your decision to withdraw, in a packaging specially designed for the transport of the Lots, complete and in their initial state and accompanied by a purchase receipt or the invoice in ensuring this return ad Valorem.

When the right of withdrawal is exercised in accordance with these GTU, Cavacave refunds the Buyer of the total amount paid, including delivery costs, without unjustified delay and at the latest within fourteen days from the date Cavacave is informed of your decision to withdraw.

For sales contracts, Cavacave may defer the refund until confirmation of the good reception of the Lots concerned by the Seller or until you have provided proof of the shipment of these Lots, the date taken being that of the first of these facts.

Cavacave performs this refund using the same payment method as that used by you for the initial transaction, unless you expressly agree with you for the use of another payment method without fees for you.

Cavacave is not liable for the refund of additional costs if you have expressly chosen a more expensive delivery method than the standard delivery method proposed by Cavacave.

XI. PRIVACY POLICY AND RESPECT OF PERSONAL DATA

Our Privacy Policy and Respect of Personal Data is accessible by clicking on the following link: https://www.cavacave.com/en/content/privacy-policy. It is an integral part of our general terms of use of the SITE.

Acceptance of our Privacy Policy and Respect of Personal Data is therefore a necessary condition for using the present SITE.

Your acceptance results from your use of the SITE.

For any question concerning our Privacy Policy and Respect of Personal Data, please contact our personal data processing service by email at the following address: info@cavacave.com.

You also authorize the SITE to record and use your image and your proposals in the framework of the Content. You thus accept that your name, status and image appear in these Content. Considering the community character of the SITE and by respect for the sensitivities of each, it is the responsibility of the User to maintain a certain ethics regarding the content and/or comments posted online and, in particular, to refrain from disseminating any content of a defamatory, violent, pornographic nature and more generally contrary to public order and morals.

Otherwise, Your Content will be removed and/or your account deactivated without prior notice. In addition, you will incur, personally, the specific penalties for litigious content (imprisonment and fine), in addition to the possible condemnation to pay damages and interest.

XII. RESPONSIBILITY

CAVACAVE.COM makes its best efforts to provide accurate and recent information. CAVACAVE is therefore subject to a means obligation, and cannot be held liable for (i) the actions and omissions of the Users, (ii) the accuracy, exhaustiveness or relevance of information established from external sources, in particular the descriptions and photos of the Lots appearing on the SITE, (iii) the security, quality and quantity of the Lots that the Users sell or buy on the SITE or the conformity to the announcement (iv) of any problem concerning transactions within the limits of the preceding and in particular the provisions of the Article VIII above.

We invite you to inform us of any errors, omissions that you may detect on our SITE, at the following email address: info@cavacave.com.

Unless otherwise provided and within the limits prescribed by French law, CAVACAVE.COM cannot be held liable for damages that may possibly be suffered, during a visit to the SITE, by the technical environment of the User and in particular, his computer, software, network equipment (modems, phones, etc…) and any other equipment used to access or use the service and/or information.

CAVACAVE.COM cannot be held liable for any misuse of the SITE by the User.

CAVACAVE.COM cannot be held liable for the reliability of data transmission, access times, any possible restrictions on internet network or networks connected to it.

The use of the internet does not guarantee the secrecy of communications; it is your responsibility to take all appropriate measures to protect your own data, tools and equipment.

All information contained on the SITE, data, texts, graphics, images, sounds, videos, etc. are made available to the Users only for indicative purposes. They do not constitute a commercial offer.

XIII. WARRANTIES

The Users are informed that for alcoholic beverages sold, indicative:

  • The indications concerning the levels of wines and spirits;
  • The state or absence of capsules and labels.

Cavacave does not guarantee the state of the bottles and closures and the conformity of the products. The User recognizes and consents that the indications on the labels and counter-labels constitute the identification of beverages and cannot in any case engage the responsibility of Cavacave.

The User is informed and recognizes that Cavacave is not the seller of the Lots, she does not respond to the conformity defects of the legal conformity guarantee mentioned in Articles L.217-4 and following of the Consumer Code nor the hidden defects of the conformity guarantee of the sold product in Articles 1641 and following of the Consumer Code.

XIV. INTELLECTUAL PROPERTY

The elements of the SITE (including texts, presentations, illustrations, photographs, brochures and catalogs, trademarks, arborescences, …) are the exclusive property of CAVACAVE.COM, unless otherwise indicated.

You can download, view, print a copy of any content of the SITE for non-commercial purposes and exclusively limited to your personal needs.

Any other use is prohibited and constitutes counterfeiting. You are not authorized in particular to present to the public, reproduce outside the family circle, modify, use elements of the SITE in a derivative work, distribute, sell any content of the SITE, attempt to access the SITE source codes and perform reverse engineering. However, CAVACAVE.COM undertakes to provide you, within a reasonable period, any necessary element for the interoperability of the SITE on any motivated request from your part.

It is strictly prohibited to use or reproduce the name "CAVACAVE.COM" and/or its logo, alone or associated, for any purpose whatsoever, including advertising purposes, without prior and written consent from CAVACAVE.COM. Similarly, downloading or any other form of copying software or information present on the SITE does not confer any rights on these, it is strictly prohibited to reproduce (in whole or in part), to transmit (electronically or in any other way) and to modify them. It is also prohibited to use the SITE for public or commercial purposes without prior and written consent from CAVACAVE.COM.

In case of violation of its obligations by a User, CAVACAVE.COM reserves the right to take legal action and demand compensation.

XV. HYPERTEXT LINKS

This SITE includes information provided by external companies or hypertext links to other sites that have not been developed by CAVACAVE.COM. The existence, on this SITE, of a hypertext link leading to another site does not constitute a validation of that other site or its content. CAVACAVE.COM therefore assumes no responsibility for these sites, their content, advertisements, products or services available on or from these sites.

Moreover, the responsibility of CAVACAVE.COM cannot be engaged for the opinions and recommendations made by these third parties. Any link to this SITE must be subject to prior and explicit authorization from CAVACAVE.COM, which reserves the right to delete this link at any time.

XVI. SIGNALING OF AN ILLEGAL OR INACCURATE CONTENT

In the event that you wish to report the presence on our SITE of erroneous information or illegal content, you must specify your personal identification data (name, first name, residence, email address), a precise description of the content that you consider erroneous or illegal and the reasons. This implies that you accept the processing by CAVACAVE.COM of the personal data you send us and generally our Privacy Policy and Respect of Personal Data. We therefore invite you to consult this Policy https://www.cavacave.com/en/content/privacy-policy to know your rights, the conditions and the finalities of this processing and the conditions of acceptance of this Policy.

CAVACAVE.COM may take appropriate measures if the content is manifestly illegal in the light of French law.

However, we remind you that reporting illegal content in order to obtain its removal and/or stop its diffusion, knowing this information to be incorrect, is penalized by Article 6 al. 4 of the law n°2004-575 of June 21, 2004 for confidence in the digital economy and exposes you to criminal and/or civil proceedings.

XVII. MODIFICATION OF GENERAL TERMS OF USE

We reserve the right to modify these general terms of use, in particular if the SITE were to offer new services or to comply with new regulations.

We will inform you of the modifications on the SITE's home page.

They will come into force from their posting. If you refuse these modifications, you will no longer be entitled to use the SITE from the date of entry into force of these modifications.

In the event that a clause of these terms was annulled or deemed non-existent by a judicial decision, the other provisions would remain in force.

XVIII. VIOLATION OF THESE GENERAL TERMS OF USE

The SITE reserves the right to suspend and/or close the account of any User who violates these general terms of use, without prejudice to any possible civil or criminal proceedings.

XIX. APPLICABLE LAW AND COMPETENT JURISDICTION

These general terms of use are subject to French law.

In case of dispute, CAVACAVE.COM and the User will strive to find an amicable solution. In case of legal action relative to any dispute between CAVACAVE.COM and the User relating to the execution of these terms, the Bobigny Judicial Court is exclusively competent.

SPECIFIC TERMS OF USE - AUCTION BROKERAGE

Object:

The website, located at the URL https://www.CAVACAVE.COM, hosts an online auction service by auction brokerage (the "Site"). Cavacave is provided by SAS WINE PROJECT, with its registered office at 13 rue Marceau – 93100 MONTREUIL, registered with the RCS of Bobigny under number 793 730 086 ("Cavacave").

Any connection, use, or consultation of the Site by a User implies that the User accepts and complies with the general terms of use of the Site as exposed above ("GTU"). Acceptance results from the User's use of the Site.

These Specific Terms of Use for Auction Brokerage (the "CPU - Auction Brokerage") govern the relations between Cavacave, the Users and the Sellers arising from the use of the online auction service by auction brokerage proposed by Cavacave. Cavacave refers the User to the GTU for anything not governed by these CPU - Auction Brokerage. In case of contradiction between the GTU and the CPU - Auction Brokerage, these latter prevail over the GTU for the online auction service by auction brokerage proposed by Cavacave.

Sellers, if they wish, are invited to publish Lots of wine or spirits (the "Lots") which are estimated by Cavacave on the basis of photos and information relating to the Lots and and put up for sale on a duration average of six (6) days, during which the Bidders can make bids for the Lots concerned (the "Duration"). Cavacave facilitates the matching between Bidders, Buyers and Sellers and does not intervene in the framework of their contractual relationship. Therefore, Cavacave cannot be held liable, in any way, in case of dispute, whatever its nature, that may arise between the Bidders, the Buyers and the Sellers.

Definitions:

Buyer: the Bidder who won the Lot;

Cavacave: has the meaning given in the object of these terms;

CPU - Auction Brokerage: has the meaning given in the object of these terms;

Duration: has the meaning given in the object of these terms;

Bidder: means a User who participates, remotely and electronically, in the online auction by auction brokerage organized by a Seller and who must have the legal age set by their national legislation for alcohol consumption;

eWallet: has the meaning given in Article 1.8 of these terms;

Lot: has the meaning given in the object of these terms;

Non-Professional: means any legal entity not acting for professional purposes within the meaning of the Consumer Code;

Professional: means any natural or legal person, public or private, acting for purposes within the scope of their commercial, industrial, craft, liberal, or agricultural activity, including when acting in the name or on behalf of another professional within the meaning of the Consumer Code;

Site: has the meaning given in the object of these terms;

User: means any internet user browsing the auction service by auction brokerage of Cavacave;

Seller: means any Consumer and/or Professional User who offers Lots for sale on the SITE. It is specified that Non-Professionals are not authorized to sell on the SITE.

1. Functioning of the auction service by auction brokerage:

1.1. To bid on a Lot, the User must be a holder of an account on Cavacave. To do this, the User must provide the following information: a username (the "pseudo"), an email address, a password, his name and first name, a telephone number and a date of birth.

1.2. The form is then validated, on condition that the User is declared as an adult. The User undertakes to communicate accurate information.

1.3. For each Lot, a sale price and a Duration are fixed. As long as the Duration is open, the Bidder is in a position to propose a purchase price which must be higher than the last bid with a price logic following the next bid grid:

From €To €Bids by increment of €
1101
111005
10120010
20150020
501100050
10012000100
20015000200
500110000500
10001200001000
20001500002000
500011000005000

1.4. The Seller has the ability to fix a reserve price in the conditions of the Article 2.8 below. In this case, any offer of a lower amount than the reserve price fixed by the Seller is recorded, the Bidder is informed but the sale cannot be adjudicated or validated unless accepted by the Seller at the end of the sale.

1.5. An offer made on a Lot cannot be canceled.

1.6. At the end of the Duration, it is up to the Seller to choose the Bidder of his choice. Therefore, the best bid does not have the guarantee of winning the Lot even if the reserve price has been reached. The Bidder winning the Lot is informed by email and cannot refuse the sale.

1.7. At the end of the Duration, the Buyer winning the Lot receives an email detailing the transaction object and the fees due, including Cavacave's commissions in the conditions of the Article 3.5 below. The payment is made online via the MangoPay payment solution by credit card or bank transfer.

1.8. The Buyer has a three (3) day period from the receipt of the invoice, date indicated on the invoice, to make the payment of the amount due which feeds a digital wallet (called the "eWallet") nominated by the Buyer then transferred to the eWallet of the Seller after deduction of the commissions due to Cavacave.

1.9. When shipping the Lots by the Seller, the latter fills in the shipping information from his account on the Site (including the carrier's identity, tracking number and shipping cost of the Lots) and the Buyer receives a notification by email stating the tracking number of this shipment.

1.10. Three (3) days after shipping the Lots by the Seller, the Buyer receives a request for confirmation of receipt of the Lot by email from Cavacave.

1.11. If the Buyer has not received the Lots paid within a week after receiving confirmation of shipment, he must inform Cavacave in the shortest possible time in order to open a dispute with the Seller with the Seller in charge. The amount paid remains then blocked on the eWallet of the Seller until the dispute is resolved.

1.12. If the received merchandise by the Buyer is either not in conformity with its description or damaged, the Buyer must inform Cavacave and the Seller in the shortest possible time and create a dispute with the carrier if applicable.

1.13. The Buyer is responsible, upon receipt of the Lots, to reserve with the carrier if he considers that the Lots are damaged or their content altered.

1.14. In any case, without return from the Buyer after twenty-one (21) days from the date of shipment by the Seller, the sale is deemed to be in conformity, namely notably that the received merchandise is in conformity; the price of this sale becomes available for the Seller.

1.15. In case of breakage during transport, the Buyer and the Seller are responsible for turning to the carrier within the same period to find an agreement and operate the insurance to which the Seller or his agent-carrier has subscribed.

1.16. If the Buyer does not pay the amount due from the sale within the stipulated period, he is then automatically in default of payment towards Cavacave and the Seller. From this moment, the Buyer is liable to Cavacave for an interest equal to the legal interest. Cavacave can put the claim in collection in the legal conditions if the Buyer, after summons or warning, neglects to pay the amount due within the stipulated period. In this case, all extrajudicial expenses incurred by Cavacave due to late payment are at the Buyer's charge. The extrajudicial expenses are fixed in accordance with the Law on the fees for extrajudicial collection and amount to at least 40€.

1.17. Cavacave can initiate a collection procedure in case the Buyer remains silent after the first warning of summons.

1.18. The extrajudicial expenses incurred in the framework of the default of payment are the responsibility of the Buyer.

1.19. Cavacave cannot be held liable by the Seller for the amount due in case of non-compliance by the Buyer of his payment obligation.

1.20. Cavacave can indicate to the Seller that she will not proceed with the collection of the sale amount. The Seller has the right only in this case to cancel the sale contract without the need for a warning. The cancellation can be decided by the communication of this by email by the Seller to Cavacave. The cancellation of the sale contract has no influence on the enforceability of the commission due by the Buyer to Cavacave (17% of the winning amount). In this case, the Buyer also has the obligation when canceling the sale to indemnify Cavacave for the missed sale commission by Cavacave (5% of the winning amount). The amount due, to the charge of the Buyer, amounts to 22% of the amount of his winning bid not paid.

1.21. In case of simultaneous bids, requests are processed sequentially and not in order on our servers. Therefore, it is possible that the request or bid of a Bidder may be invalidated by another bid in progress and not yet displayed.

2. Responsibilities and obligations of Sellers

2.1. Online auction by auction brokerage corresponds to a series of Lots submitted by Sellers.

2.2. Cavacave proposes to the Seller an estimate low and high of each Lot on the basis of photos and information previously communicated by the Seller. The Seller is not liable for these estimates. In any case and especially, he cannot engage Cavacave's responsibility in this regard which does not guarantee the final price.

2.3. The duration of online auction by auction brokerage is established on the basis of an average duration of six (6) days. In any case, the exact duration of online auction is specified when opening directly on the Site.

2.4. The Seller declares to be in full ownership of the bottles he puts up for sale and the truth of the information communicated relative to the Lots put up for sale.

2.5. Cavacave informs the Seller by email of the sale of his Lots as well as the closing date of the sale.

2.6. The Seller undertakes to keep the Lots available throughout the Duration and not to sell the Lots put up for sale by another means during this Duration.

2.7. The Seller has the ability, for each of his Lots, to fix a reserve price below which no sale can be adjudicated and validated. This reserve price cannot exceed the low estimate of the proposed Lot.

2.8. The Seller (or his representative) must clearly indicate, for each Lot, the shipping price in function of the predefined zones. If he wishes, the Seller has the ability to choose the hand delivery option to deliver his Lots. In this case, the Seller accepts to move to the address indicated by the Buyer to deliver his or his Lots. A hand delivery certificate is signed by the Buyer and the Seller and communicated to Cavacave to justify the good delivery by the Seller and the good reception by the Buyer of the said Lots.

2.9. At the expiration of the Duration of the sale by auction, the Seller is informed of all bids received.

2.10. The Seller has the freedom to transfer his Lots to the Bidder of his choice. Therefore, the Lots are not necessarily sold at the highest bidder.

2.11. During the duration of the online auction by auction brokerage, the Seller is not authorized to make a bid offer on his Lots.

2.12. If it should happen that a Seller refuses the sale of one or more of his Lots after they are posted, he must settle with Cavacave the amount of the commissions due both by the Buyer and the Seller, namely 22% TTC on the winning amount or the high estimate if the decision is taken before the end of the sale. The Seller will then be liable for an interest equal to the legal interest. Cavacave can put the claim in collection if the Seller after summons or warning neglects to pay the amount due. In this case, all extrajudicial expenses incurred by Cavacave due to late payment are at the Seller's charge. The extrajudicial expenses are fixed in accordance with French law on the fees for extrajudicial collection and amount to at least the sum of 40€.

Cavacave can initiate a collection procedure if the Seller remains silent after the first warning of summons.

The extrajudicial expenses incurred in the framework of the default of payment are the responsibility of the Seller.

2.13. When the auction is closed, the Seller (or his representative) is responsible for shipping all the sold Lots. He has a three (3) day period (working days) from the confirmation by Cavacave of the settlement of funds by the Buyer to carry out this procedure.

2.14. The Seller undertakes to contract the necessary insurance for shipment in order to cover a minimum the understood sale value. Without insurance at the level of the transacted value, in case of damage, the reimbursement excluding the Seller's commission (5% of the value) and including the Buyer's commission (17% of the transacted value) is entirely due to the Buyer by the Seller.

2.15. The Seller undertakes, for the shipment of his Lots, to use a conforming and homologated packaging. If he fails to do so, the Seller recognizes and accepts that the insurance cannot indemnify him in case of damage.

2.16. In case of damage during transport, the full amount paid by the Buyer is refunded to him and the Seller is reimbursed by the insurance contracted.

2.17. In case the Buyer does not comply with his payment obligation, the Seller cannot in any case turn against Cavacave to demand the amount due.

3. Responsibilities and remuneration of Cavacave

3.1. Cavacave is responsible for displaying the Lots and the offers available throughout the Duration.

3.2. Cavacave is responsible for making available to each party a secure and anonymous payment means in order to carry out the transaction of the sold Lots.

3.3. The identity of the Buyer is revealed to the Seller after closing the auction, at the expiration of the Duration, in order to facilitate the shipment of the Lots.

3.4. Cavacave is a broker and makes available to the Users an auction service of wines and spirits by auction brokerage. In this context, Cavacave cannot be held liable for the quality, authenticity, traceability, accuracy of the Lots published on the site.

3.5. Cavacave charges the use of its service to the Buyer at the rate of 17% added to the sale amount and 5% to the Seller, deducted from the winning amount by the Buyer.

3.6. The shipping fees charged to the Buyer are not subject to Cavacave's commission.

Mangopay Payment Terms and Conditions

Cavacave uses Mangopay for payments. Please review the Mangopay payment terms and conditions below.

View Mangopay Payment Terms and Conditions