TERMS OF USE

General Terms of Use for the website foyglobalwines.myshopify.com

Effective from: 08/08/2024

ARTICLE 1. PARTIES

You are currently connected to the website foyglobalwines.myshopify.com, published by Foy Global Wines, SARL, with a share capital of €1,000, registered with the Paris Trade and Companies Register (RCS) on 08/07/2024, under the number 930 839 170. Paris

These general conditions apply between Foy Global Wines, SARL, with a share capital of €1,000, registered with the Paris Trade and Companies Register (RCS) on 08/07/2024, under the number 930 839 170. Paris, with its registered office at 49 Avenue de la Motte Picquet. Paris. 75015. FR.

Head office: 49 Avenue de la Motte Picquet. Paris. 75015. FR
Phone: +33 950 74 31 28
Email: enquire@foyglobalwines.com
Intra-community VAT number: FR38928500628
Publication Director: Mrs. Solevelyn Lynds (Solé Lynds)

Hereinafter referred to as "the Publisher," and any individual or legal entity, whether private or public, registered on the Site to purchase a Product, hereinafter referred to as "the Client."

ARTICLE 2. DEFINITIONS

• "Client": Any individual or legal entity, whether private or public, registered on the Site.
• "Site Contents": Elements of any nature published on the Site, protected or not by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
• "The Publisher": Foy Global Wines, SARL acting in its capacity as the publisher of the Site.
• "User": Any individual or legal entity, whether private or public, connecting to the Site.
• "Product": Any goods sold on the Site by the Publisher to Clients.
• "Site": The website accessible at the URL foyglobalwines.myshopify.com, as well as any sub-sites, mirror sites, portals, and related URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible to all Users. Navigating the Site implies the acceptance of these general conditions by any User. A simple connection to the Site, by any means whatsoever, including via a robot or browser, constitutes full and unconditional acceptance of these general conditions. Upon registration on the Site, this acceptance will be confirmed by checking the corresponding box.

The User acknowledges having fully read and accepted these conditions without restriction.

Checking the aforementioned box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless proving otherwise, waives any right to contest them in case of a dispute.

These general conditions apply to the relationships between the parties to the exclusion of all other conditions, particularly those of the User.

Acceptance of these general conditions assumes that Users have the necessary legal capacity to do so, or failing that, that they have authorization from a guardian or curator if they are incapacitated, from their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The Site aims to sell Products to Clients.

ARTICLE 5. CUSTOMER SERVICE

The customer service for the Site is accessible from Monday to Saturday from 11:00 to 21:00 at the following non-premium phone number: +33 950 74 31 28, by email at: enquire@foyglobalwines.com, or by postal mail at the address indicated in Article 1 of these general conditions. In the latter two cases, the Publisher commits to providing a response within 1 working day.

ARTICLE 6. PERSONAL SPACE

6.1. Creation of the Personal Space

Creating a personal space is a prerequisite for any order by a User on the Site. To this end, the User will be invited to provide a certain amount of personal information. Some of this information is deemed essential for creating personal space. Refusal by a User to provide this information will prevent the creation of the personal space and, consequently, the validation of the order.

When creating the personal space, the User is invited to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The User is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorized access to a User's personal space.

The Client agrees to regularly check the data concerning them and to make necessary updates and modifications online from their personal space.

6.2. Content of the Personal Space

The personal space allows the Client to view and track all their orders made on the Site.

Pages related to personal spaces are freely printable by the account holder but do not constitute admissible proof in a court. They are purely informative to ensure effective management of orders by the Client.

The Publisher commits to securely storing all contractual elements required by law or current regulations.

6.3. Deletion of the Personal Space

The Publisher reserves the right to delete the account of any Client who violates these general conditions, particularly if the Client provides inaccurate, incomplete, misleading, or fraudulent information, or if a Client's personal space has been inactive for at least one year. This deletion shall not be considered a fault of the Publisher or a harm to the excluded Client, who cannot claim any compensation as a result.

This exclusion does not prejudice the Publisher's right to take legal action against the Client when warranted.

ARTICLE 7. PERSONAL DATA

In the context of its services, the Publisher will process personal data of its Clients.

7.1. Identity of the Data Controller

The entity responsible for collecting and processing data on the Site is the Publisher.

7.2. Identity of the Data Protection Officer

The Data Protection Officer is: Etienne Deshoulières, 121 Boulevard de Sébastopol, 75002 Paris, contact@deshoulieres-avocats.com, 01 77 62 82 03, www.deshoulieres-avocats.com (always ensure to create a hyperlink on the URL of our site).

7.3. Data Collected

7.3.1. Data Collected from Clients

In the course of its contractual relationships, the Publisher may collect and process information about its Clients, including: Email, First and Last Name, Phone, Address, State, Province, Zip Code, City, Bank Details.

7.3.2. Purposes of Collecting Personal Data

The data collected during the contractual relationship is subject to automated processing for the purpose of:

• Executing contractual obligations;
• Contacting Clients;
• Preventing any unlawful or illegal activity;
• Enforcing the general conditions;
• Initiating legal proceedings;
• Verifying the identity of Clients;

7.3.3. Legal Bases for Processing

The data collected is based on a contractual relationship.

7.3.4. Data Recipients

The collected data can only be accessed by the Publisher within the strictly necessary limits for fulfilling contractual obligations.

This data, whether in individual or aggregated form, is never made freely visible to third parties.

7.3.5. Duration of Retention of Personal Data

Personal data collected is retained for the duration of the contractual relationship and for as long as the Publisher may be liable.

After the retention period, the Publisher commits to permanently deleting the data of the individuals concerned without keeping a copy.

7.3.6. Security and Confidentiality of Personal Data

Personal data is kept in secure conditions, using current technical means, in compliance with the provisions of the General Data Protection Regulation and current national legislation.

Access to the Publisher's premises is also secured.

7.3.7. Data Minimization

The Publisher may also collect and process any data voluntarily submitted by its Clients.

The Publisher encourages its Clients to provide personal data strictly necessary for fulfilling contractual obligations.

The Publisher commits to retaining and processing only data strictly necessary for its business activities and will delete any data received that is not useful for its activities as soon as possible.

7.4. Respect for Rights

The Publisher's Clients have the following rights regarding their personal data, which they can exercise by writing to the Publisher's postal address or by filling out the online contact form.

7.4.1. Right to Information, Access, and Data Communication

The Publisher's Clients have the possibility to access their personal data.

Due to the obligation of security and confidentiality in processing personal data incumbent upon the Publisher, requests will only be processed if Clients provide proof of their identity, notably by presenting a scan of their valid identity document (in case of requests via the dedicated electronic form) or a signed photocopy of their valid identity document (in case of requests sent in writing), both accompanied by the statement “I certify on my honor that this copy of my identity document is true to the original. Done at … on …,” followed by their signature.

To assist them in their request, Clients will find here a model letter prepared by the CNIL.

7.4.2. Right to Rectification, Deletion, and Right to be Forgotten

The Publisher's Clients have the option to request the rectification, updating, locking, or deletion of their personal data, which may prove to be inaccurate, erroneous, incomplete, or outdated.

The Publisher's Clients can also define general and specific directives regarding the fate of their personal data after their death. If necessary, the heirs of a deceased person can require consideration of their loved one’s death and/or necessary updates.

To assist them in their request, Clients will find here a model letter prepared by the CNIL.

7.4.3. Right to Object to Data Processing

The Publisher's Clients have the possibility to object to the processing of their personal data.

To assist them in their request, Clients will find here a model letter prepared by the CNIL.

7.4.4. Right to Data Portability

The Publisher's Clients have the right to receive the personal data they have provided to the Publisher in a transferable, open, and readable format.

7.4.5. Right to Limit Processing

The Publisher's Clients have the right to request that the processing of their personal data by the Publisher be limited. Thus, their data may only be retained and no longer used by the Publisher.

7.4.6. Response Times

The Publisher commits to responding to any request for access, rectification, objection, or any other additional request for information within a reasonable time frame, which shall not exceed 1 month from the receipt of the request.

7.4.7. Complaint to the Competent Authority

If the Publisher's Clients believe that the Publisher is not fulfilling its obligations regarding their personal data, they can file a complaint or request with the competent authority. In France, the competent authority is the CNIL, to which they can address a request here.

7.5. Transfer of Collected Data

7.5.1. Transfer to Partners

The Publisher uses authorized service providers to facilitate the collection and processing of its Clients' data. These service providers may be located outside the European Union.

The Publisher has ensured that its service providers implement adequate safeguards and adhere to strict conditions regarding confidentiality, use, and data protection, for example, through the U.S. Privacy Shield.

The Publisher uses the following subcontractors:

Partner

Quality

Destination Country

Processing Done

Guarantees

7.5.2. Transfer upon Request or Judicial Decision

Clients also consent to the Publisher communicating the collected data to any person upon request from a state authority or by judicial decision.

7.5.3. Transfer in the Context of a Merger or Acquisition

If the Publisher is involved in a merger, asset sale, financing operation, liquidation or bankruptcy, or in an acquisition of all or part of its business by another company, Clients consent to the collected data being transferred by the Publisher to that company and for that company to perform the personal data processing referred to in these Terms and Conditions of Service instead of the Publisher.

ARTICLE 8. INTELLECTUAL PROPERTY

8.1. Legal Protection of the Site Contents

The Contents of the Site may be protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, that is carried out illegally and without the consent of the Publisher or its rights holders constitutes a violation of Books I and III of the Intellectual Property Code and may lead to legal action for infringement.

8.2. Contractual Protection of the Site Contents

The Internet user undertakes contractually to the Publisher not to use, reproduce, or represent, in any way whatsoever, the Contents of the Site, whether or not protected by intellectual property rights, for any purpose other than reading them through a robot or browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.

8.3. Protection of the General Conditions

The general conditions of the Site, drafted by the firm Deshoulières Avocats Associés (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, made without the consent of Deshoulières Avocats Associés may lead to legal action for parasitism.

ARTICLE 9. FINAL PROVISIONS

9.1. Applicable Law

These general conditions are subject to French law.

9.2. Modifications of These General Conditions

These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Client are those in effect on the day of their order or connection to the Site, with any new connection to the personal space entailing acceptance of the new general conditions, where applicable.

9.3. Disputes

Under Ordinance No. 2015-1033 of August 20, 2015, any disputes that may arise in the context of the execution of these general conditions and for which a prior amicable solution could not be found between the parties must be submitted.

Furthermore, the Client is informed of the existence of an online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation is mandatory for all. Thus, any professional selling to individuals is required to provide the contact details of a competent mediator in case of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

Foy Global Wines - Le Caviste et Club des Vins / enquire@foyglobalwines.com

9.4. Entirety

The invalidity of any clause of this contract shall not result in the invalidity of the other clauses of the contract or the contract as a whole, which shall retain their full effect and scope. In such an event, the parties shall, to the extent possible, replace the invalid stipulation with a valid stipulation that corresponds to the spirit and purpose of these conditions.

9.5. Non-Waiver

The Publisher's failure to exercise any of the rights conferred upon it by these conditions may not be interpreted as a waiver of such rights.

9.6. Telemarketing

The Client is informed that they have the option to register on the opposition list against telemarketing at the following address: http://www.bloctel.gouv.fr/.

9.7. Languages of These General Conditions

These general conditions are provided in French.

9.8. Unfair Clauses

The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code regarding unfair clauses in contracts concluded between a professional and a consumer.