F

Vinimat.com is a commercial platform opened to the professionals of the wine and beverage industry. The publication of sales offers on the website is free and not limited in time but may require on demand a exclusive caracter. We only charge a commission fee in case we succesfully contribute to the sale. The amount of the commission fee is established in full transparancy with the seller.

Do not hesitate to contact us for further information on that matter.

General conditions of use

The Internet site " www.vinimat.com " (hereafter " vinimat " or " the site ") as well as the domain name " vinimat.com " is the property of the S.a.r.l. Européenne de Transactions (Ci after " SET "), which is a company specialised in the trade of new and second-hand equipment for the winemaking and beverage industry based in 66160 Le Boulou, France
The services proposed by the site " vinimat.com " created by the SET, are provided to the users of this service under the acceptance and the strict observation of the present general conditions of use (" CGU ").
The SET reserves the right to withdraw the registration and the access to the services proposed by the SET to any user who would not scrupulously observe the general conditions of use . The only fact of accessing the site " vinimat.com " constitutes an acceptance of the entirety of the terms and conditions of these condition of use. Any user who does not commit himself to respect these CGU is asked not to visit the site " vinimat.com " and not to use the services proposed by "vinimat.com ".

Article 1 - Acceptance of the general conditions of use

As indicated in the preamble, the acceptance of these general conditions of use by the users of vinimat.com is imperative, to be able to befit from the services proposed by this site. The acceptance of these conditions is established when the user marks the box envisaged for this purpose in the registration form present on vinimat.com and forwards this form electronically to vinimat.com. Thereafter any user profiting from the services proposed by vinimat.com is required to adhere to these Terms and Conditions of use. The users who would not observe the present conditions fully incur the risk permanent exclusion to the access of services offered by vinimat.com and may see their account immediately closed

Article 2 - Definition of the services suggested by vinimat.com

The purpose of vinimat.com is to place buyers and sellers in contact. As a matter of fact, the SET is only liable for an obligation of means under the terms of this contract. Through its Internet site www.vinimat.com, the SET presents an electronic catalogue of second-hand enological material and makes it possible to its members to place for sale their equipment

Article 3 - Technical conditions of access

In order to access vinimat.com the users must ensure the suitable data-processing equipment and to obtain Internet access. The investments relating to this equipment as well as operating expenses in order to access vinimat.com are exclusively the responsibility of the users

Article 4 – Accesibility of vinimat.com and terms of use

4.1 access to vinimat.com and its catalog of equipments is free and requires no registration.
4.2 The SET commits to try to keep the site accessible permanently and ensure a normal operation. However it can not be held responsible for any interruptions or problems of operation that may occur
4.3 The users accepts not to obstruct the correct operation of the site in any manner, in particular, not to overload the bandwidths on purpose, not to transmit any element likely to contain a virus, a Trojan horse, or any other element likely to damage, or interfere the whole or part of the service.
4.4 The user of vinimat.com will be held responsible for any damage, direct or indirect, undergone by the SET, the other users, its partners or any third party.
.
.

Artícle 5 – Personal datas

5,1 In accordance to the Data protection act , "Loi informatique et Libertés", from Jan 6th and modified in 2004, users have a right of access, modification and cancellation of all the personal data communicated to the SET, by simple contact at info@vinimat.com .
.

Artícle 6 – Datos personales

According to the Data protection directive (Directive 95/46/ EC) on the protection of individuals , all users have a right of access, modification, rectification and deletion of nominative information concerning them.

.

.

Artícle 7 – Offering your equipments on vinimat.com

7.1 The SET offers to its users to place one or more ad of equipments for sale on the site for free. By doing this the users agrees to conform to the indications relating to the process of offer of material as indicated on vinimat.com.
By doing this the user commits himself providing an objective, sincere and current description of the hardware proposed with the sale.
7.2 By offering material on sale, the user guarantees that he/she is the owner of that material or duly accredited to negotiate and conclude sales contracts.
7.3 The user recognizes being fully responsible for the offers of sale. The SET reserves the right to contact the owner of the material in order to obtain further information on the materials proposed on the site. The SET reserves the right to refuse to place a sale's offer on its site or eventually to request from the seller a supplement of information.
7.4 The SET is free at any time to withdraw, any offer of sale from its site and with no obligation of information to the seller. In case the seller has been placed in relation with a potential buyer by the SET, he accepts that all the transactions relating to this material will be only conducted via the SET. The seller commits himself to inform the SET within a period of five (5) working days if the one of his/her hardware listed on vinimat has been sold or exchanged. In case the user sells his/her material via vinimat.com or via the SET, he is committed to pay the commission fee priorly established to the SET at the invoice's reception.

Artícle 8 – Vinimat services

The SET proposes a series of services to its users. These services are either directly stemming from SET and are therefore governed by the SET terms and conditions of use. The SET also proposes to the users of vinimat.com to benefit at their own expenses and under their whole responsibility from services offered by thirds, such as certification, logistic or others. These services are presented as an indication and the SET does not give any guarantee for these services. In no case can the SET be held responsible for any damage, loss or violation of the law or any consequence resulting from the usage of these third part services.

Artícle 9 – Garantee and responsability

9.1 Vinimat.com. contains or can give access to information, communications, software, photographs, which can be provided by the registered users of vinimat.com or by a third party. The SET does not guarantee the exactitude of the contents and declines any guarantee or responsibility toward the information which could be communicated on the site by a user .
9.2 the SET can in no way be held for responsible if the information presented on the site and provided by a user that would violate any law, copyrights or any intellectual ownership of a third.
9.3 The SET cannot guarantee either the solvency of the users of vinimat.com or the respect of the contracts signed between users of vinimat.com. The SET does not offer any guarantee concerning the aptitude of the service proposed by vinimat.com to satisfy the needs and/or the expectations of the users.
9.4 The SET cannot be held responsible for materials listed on the site nor for the good faith of the users of vinimat.com. The SET proposes to follow the transaction between buyers and sellers within the framework of its services. However the SET declines any responsibility concerning the good progress or the conclusion of a transaction engaged between a buyer and a seller.
9.5 The users of vinimat.com remain entirely responsible for their participation in the services proposed by the SET, in particular the transactions, their payment and all the consequences which result from it. The SET can not be held for responsible of any financial or commercial loss supported by a user of vinimat.com.

Article 10 - Links

The users recognize that the SET can not be held responsible for the contents, the offers and the products available on other Web sites accessible through hypertext links placed on vinimat.com.

Article 11 - Intellectual property

the users recognize that the design of the site, the contents (texts, photographs) and the technology used by the SET are protected by intellectual property rights. The user commits himself to not carrying out operations relating to copy or the diffusion of information and elements belonging to vinimat.com and the SET .

Artículo 12 – Financial conditions

12.1 The seller commits himself to pay the SET a commission fee for any unit of hardware sold through the service of the SET. The commission is payable on presentation of an invoice and this within 15 days.
.
12.2. All commissions paid to the SET are definitely of its property, even in case of later demand from the buyer to the seeller, in case of reclamation or legal actions for exemple.

Article 13 - Cencelation of the contract

The SET reserves the right to revoke access to vinimat.com services to any user who violates these terms of use as well as the law and/or the applicable regulation, by simple notification by e-mail .

Article 14 – Miscellaneous

14.1 The present Terms and Conditions of use, like any document incorporated by reference, constitute the totality of the agreement made between the SET and the user. The defect for the SET to exert the rights which are recognized to him pursuant to present does not constitute a renunciation to be taken advantage of its rights.

14.2 On the assumption that any of the provisions of the contract would be or become invalid, this does not affect the validity of the remaining provision. The titles of the articles of this contract have only indicative value and cannot be regarded as forming part of the contract.

14.3 The SET reserves the right to modify the present Terms and Conditions of use without notification at any time . The Contract is subjected to French legislation, the court of jurisdiction for any legal dispute is 34500 Béziers, France.