Introduction

The Conseil Interprofessionnel du Vin de Bordeaux (Bordeaux Wine Council – “CIVB“) is an organization created by the Law of 18 August 1948 amended by Decree 2016-915 of 4 July 2016. Among its activities, le CIVB manages the Ecole du Vin de Bordeaux (“EVB” – Bordeaux Wine School).

In order to promote the EVB and the diversity of Bordeaux wines, the CIVB operate a website available at the URLwww.ecoleduvindebordeaux.com (the “Site“), for (i) booking training programs taught by EVB partners, (ii) organizing training programs taught by accredited professionals and (iii) purchasing products related to the EVB and Bordeaux wines.

Training Programs available on the Site are taught by EVB partners and accredited Third Party Tutors.

 

Article 1: Definitions

The following definitions are applicable to the present general terms and conditions of use and sale (the “T&Cs“):

• Beneficiary: any person who has received a Gift Voucher for a Training Program from a Member. 
• CIVB: Conseil Interprofessionnel du Vin de Bordeaux (“CIVB” – Bordeaux Wine Council), Site operator.
• Order: all purchases of Product(s), Training Program(s) and/or Gift Voucher(s) made on the Site. 
• Account: a Personal space created by the Member. 
• Delivery Time: the period between the date the order is approved and the delivery of the Order to the Member or Beneficiary. 
• E-Shop: the section of the Site where the CIVB offers various products for sale relating to Bordeaux wines.
• EVB: Ecole du Vin de Bordeaux (Bordeaux Wine School -EVB). 
• Accredited Tutor(s): self-employed worker(s), operating legally in France or abroad, qualified by the Site who offer one or several Third Party Training Programs to Members via the Site.
• EVB Tutors: a partner tutor of the EVB, selected by the CIVB to teach one or several Bordeaux Wine School Training Programs.
• Training Program(s): refers jointly to the EVB Training Programs and Third Party Training Programs available on the website, which Members may sign up for.
• Bordeaux Wine School Training Program(s): Training Program(s) taught by EVB Tutors(s) under the EVB brand, which Members may sign up for. 
• Third Party Training Programs: Training Program(s) taught by Accredited Tutors and referenced on the Site, which serves as a networking platform, which Members may sign up for.
• Delivery Charges: costs incurred by the CIVB for transporting a Product to the delivery address indicated by the Member. 
• Delivery: the shipment of a Product or Gift Voucher to a Member. 
• Member: the website user who has created an account on the Site.
• Delivery Method: all delivery methods for Products and Gift Vouchers, available on the Site at the time the order is placed. 
• Price: the unit value of a Product, Training Program, or Gift Voucher including all taxes, excluding Delivery Charges. 
• Final Price: Price including the Delivery Charges (where appropriate). 
• Product: all articles available for sale on the E-Shop (promotional items related to Bordeaux wines, Gift Vouchers). 
• Site: Site which can be accessed via the following URL www.ecoleduvindebordeaux.com, managed by the CIVB.
• User: any person who visits the Site, whether a Member or a Site visitor. 

Article 2: Purpose and scope of T&Cs

The CIVB manages the Site permitting the reservation of Training Programs related to Bordeaux wines and the purchase of products promoting the diversity of Bordeaux wines.

The purpose of these T&Cs is to define the terms of access to and use of the Site, as well as the respective rights and obligations of the Users and the CIVB.

The present T&Cs are applicable to all sales of Products and/or Training Programs and/or Gift Vouchers made via the Site. 

Before confirming the creation of their Account, the User must read the T&Cs and confirm their consent by clicking on “Accept”. The validation of the creation of an Account therefore constitutes acceptance without restriction or reserve of these T&Cs.

Article 3: Implementation, duration and modifications of the T&Cs

3.1 Implementation and duration of the T&Cs

The T&Cs are agreed for an indefinite period, and are applicable as soon as they are accepted by the User.

The User and the CIVB may terminate the T&Cs, without notice or compensation, via email notification. 

The termination of the T&Cs shall take effect immediately subject to full and complete compliance to the commitments that were previously made, particularly the payment of the Training Programs, Products, or Gift Vouchers ordered. Upon termination of the T&Cs, the Member User will no longer be able to access their Account. 

3.2 Modifications of the T&Cs

To improve performance and quality, the CIVB continues to develop the Site’s features and settings.

The CIVB reserves the right to unilaterally modify the present T&Cs concerning the technical aspects of the Site, provided that there is no increase in price or deterioration in quality and that the features determining the User’s commitment were included in the T&Cs. 

With regard to other modifications to the T&Cs, the CIVB must inform the User, by any means necessary, at least one week before they come into effect.

The changes will be considered to have been read and accepted unless they are otherwise objected by the User within this period. In the event of an objection or refusal of the modifications, the T&Cs shall immediately be terminated and the User will no longer be able to use the Site, with the exception of using the Site for the purpose of fulfilling the commitments that were previously made, particularly the payment of ordered Products and the completion of the scheduled Training Program.

Article 4: Creating a User Account 

To register for the Training Program and/or to make a purchase on the E-Shop, the User must first create an Account.

The User must be of legal age to create a User Account. The legal age refers to that prescribed by current legislation in the User’s country of residence.

In order to log into their account, Users will be asked to provide necessary information to create an account, particularly relating to their legal status. 

The User undertakes to provide all mandatory information and guarantees that all information provided in the registration form is accurate and is not misleading or ambiguous. Incomplete applications will not be validated.

The User undertakes to update the information contained in their Account in the event of any changes to their circumstances.

When creating their User Account, the User will be asked to choose an email address that will serve as a user name and password that will enable them to log in.

Before completing their Account registration, the User will be asked to accept the T&Cs. The User will be offered the choice to accept or refuse the T&Cs.

Once they have accepted the terms and conditions, the User will receive an email confirming the creation of their Account.

Article 5: Ordering Products and/or Gift Cards and/or booking Training Programs

5.1. Ordering Products

The Products are accessible only to persons who have reached the legal age to consume alcoholic beverages prescribed by current legislation in their country of residence.

The User will be asked to select the Product(s) and quantity of their choice and add them to their basket. 

To finalize their Order, the Member must accept the T&Cs for the Delivery Charges to be included in the Final Price. After accepting the T&Cs, they will be able to validate their Order and proceed to payment. 

Once the Order has been confirmed, the Member will receive an order confirmation by email. 

The Member will have the possibility to enter a promotional code and/or gift voucher code in the box provided for this purpose in the basket in order to benefit from a preferential rate. 

The CIVB undertakes to fulfil the Order subject to Product availability. In the event that the Products are unavailable, the CIVB will inform the Member. 

The CIVB reserves the right to cancel or decline any Order from a Customer, if the Order is unusual, if the order is placed in bad faith, or for any other legitimate reason, particularly in case of a dispute with the Member concerning the payment of a previous order.

5.2. Booking EVB Training Programs

EVB Training Programs are accessible only to persons who have reached the legal age to consume alcoholic beverages prescribed by current legislation in their country of residence.

Once they have selected the EVB Training Program of their choice on the Site, the Member will be asked to log in. The Member will then be asked to indicate whether or not they benefit from a preferential rate.

After accepting the T&Cs, they will be able to validate their Order and proceed to payment. 

The CIVB undertakes to honour the Order within the limit of the number of places available. The CIVB will inform the Member in the event that there are not enough places available. 

Once their booking has been validated, a confirmation email will be sent to the address the Member entered when creating their Account.

5.3. Booking of Third Party Training Programs

Third Party Training Programs are only accessible to persons who have reached the legal age to consume alcoholic beverages prescribed by current legislation in their country of residence. 

Once they have selected the Third Party Training Program of their choice on the Site, the Member will be asked to log in. 

After accepting the T&Cs, they will be able to validate their Order and proceed to payment. 

Once their booking has been validated, a confirmation email will be sent to the address the Member entered when creating their Account.

5.4 Ordering Gift Vouchers 

The Member must select the “Gifts” tab on the Site, then choose the Training Program they wish to offer as a Gift Voucher to the Beneficiary. 

The Member is then asked to enter the number of Gift Vouchers they would like to buy.

The Member will be offered the choice whether to send a free e-Gift Voucher or a Gift Voucher by post.  the latter case will incur delivery costs.  The Member then proceeds to pay the Final Price of the Gift Voucher(s). 

Once the Order has been validated, the Member will receive an order confirmation by email. The Member will also receive the Gift Voucher (e-Gift Voucher or paper version), which they will be able to send to the Beneficiary.

Article 6: Right of withdrawal

The Member has the right to a withdrawal period lasting fourteen (14) days and starting from the confirmation of their order.

This right of withdrawal can be exercised by sending an email to: ecole@vins-bordeaux.fr.

The Member will be reimbursed within fourteen (14) days following the exercise of this right.

All online course bookings are firm and final. Online courses cannot be postponed or reimbursed.

Article 7: Terms of payment

7.1 Terms of payment for Products, Training Programs and Gift Vouchers

The Prices of Products, EVB Training Programs and Gift Vouchers sold on the Site are indicated per item and reference or per service and reference. 

At the time the Order is confirmed, the price to be paid is the Final Price. 

Members may pay the Final Price by using one of the following payment methods: 

• For Members living in France: bank card 
• For members living outside of France: bank card 

The Member therefore confirms that they are the holder of the bank card to be debited and that their name is the same as the one that appears on the bank card. The Member will be asked to enter the sixteen digits on the bank card and the expiration date, as well as the security code, where applicable. 

In the event that it is impossible to debit the Final Price, the Order will be cancelled and the sale will automatically be terminated. 

By submitting their bank card information, the Member authorizes the CIVB and/or Accredited Tutors to debit their bank card for the amount corresponding to the Final Price. 

7.2 Specific financial arrangements for Third Party Training Programs

As an operator of an online platform, the CIVB uses the approved online payment system “Stripe Connect” to manage transactions for Third Party Training Programs.

Stripe markets a solution that manages payment flows between Members, the CIVB and Accredited Tutors, who each have a payment account. Payment accounts and transactions are managed by Stripe.

Payments from Users for Third Party Training Programs are received by Stripe and placed in a reserve. On the basis of the various legal documents, particularly User T&Cs and Accredited Tutor T&Cs, Stripe allocates the sums to the various payment accounts opened for the Accredited Tutor and the CIVB, which may then obtain the sums from their own bank account.

Article 8: Products Deliveries 

The Member will receive a confirmation email once the order has been shipped. 

Product delivery times are listed on the Site and may vary depending on product availability and volumes, as well as the destination country. 

Delivery times are expressed in working days and correspond to the time required to prepare and ship the Order. 

The delivery dates are calculated as of confirmation of the order by the CIVB and are purely indicative. 

In the event of late delivery, the Order will not be cancelled. Should such a situation arise, the CIVB will inform the Member by email that the Delivery is delayed. The Member may then decide to cancel the Order via the “My orders” tab which they can access from their Account. 

In the event that the Order has not yet been shipped upon receipt of the cancellation notice by the CIVB, the Delivery will be stopped and the Member will be refunded the total amount debited within fourteen (14) days of receipt of the cancellation notice. In the event that the Order has already been shipped upon receipt by the CIVB of the cancellation notice, the Member may still cancel it by refusing to accept the package or by returning it within fourteen (14) days. The CIVB will then reimburse the total debited amount.

Article 9: Use of promotional codes and gift vouchers 

To book a Training Program offered as a Gift Voucher, the Beneficiary is invited to go to the Site and register as a Member. They should then go to the “Classes” section of the Site, by clicking on the “Register” button and entering their Member login details. 

They will then proceed to the payment of the Training Program. At this stage, the Beneficiary must enter the promotional code and/or gift voucher code they received by email or indicated on the voucher in the field “I have a promotional code or gift voucher “. After validation, the value of the promotional code and/or gift voucher code is deducted from the Price of the Training Program. 

The Beneficiary then receives an email confirming that the Training Program has been reserved.

Article 10: Cancellation of Training Programs 

10.1. Cancellation of EVB Training Programs 

The CIVB reserves the right to cancel an EVB Training Program when there is an insufficient number of participants, i.e. when the number of Orders for a particular Training Program is less than 60% of the number of places available.

The CIVB reserves the right to cancel an EVB Training Program in the event of unforeseen, unforeseeable or insurmountable circumstances, such as an EVB Tutor being unavailable due to illness.

In the event that the EVB Training Program is cancelled by the CIVB, the Member will be refunded the full amount of their Order. To book a new EVB Training Program, the Member must place a new Order. 

In the event that the Member decides to cancel their booking for an EVB Training Program at least 15 days before it is scheduled to take place, the Member will be refunded the total cost of their Order. To book a new EVB Training Program, the Member must place a new Order. 

However, if they decide to cancel after this time, the total cost of their order will be retained by the CIVB. and cannot be applied to the cost of a later session. 

Members who attend only part of the session will not be entitled to a refund of any kind.

10.2. Cancellation of Third Party Training Programs

In the event that the Accredited Tutor decides to cancel a Third Party Training Program, they must notify Members by email at least twenty-four (24) hours before it is scheduled to take place. If the cancellation occurs less than twenty-four (24) hours before the start of the Third Party Training Program in question, they must also notify Members by email and telephone.

Should such a situation arise, the reimbursement of the Third Party Training Program shall be made within sixty (60) days following the cancellation. 

In the event that the Member decides to cancel their booking for a Third Party Training Program, the Third Party Training Program shall be refunded within sixty (60) days following the cancellation if it occurs more than fifteen (15) days before the start of the Third Party Training Program. If the cancellation occurs less than fifteen (15) days before the start of the Third Party Training Program, the payment of the Third Party Training Program is retained by Accredited Tutor.

Article 11: Evaluation of the Training Program 

At the end of each Training Program, a questionnaire will be sent to participating Members so that they can evaluate the quality of the Training Program according to several criteria. 

This evaluation makes it possible to give the Training Program a satisfaction score ranging from 1 to 5, which will appear on the Site. Please note that Members’ feedback will not be visible on the Site. Feedback from certain Members may be selected to be published on the Site for promotional purposes. By submitting feedback, the Member authorizes its publication.

Article 12: Consumption of alcohol

Within the framework of their Training Programs, Members will be invited to taste Bordeaux wines. The CIVB understands the importance of informing Members of the risks associated with alcohol consumption, particularly for people taking medication or driving, in compliance with the French highway code. 

Article 13: Intellectual property

The Site and each of its components, including, but not limited to, software, structures, infrastructures, databases and all types of content (text, images, visuals, logos, trademarks, etc.) used by the CIVB are protected by all applicable intellectual property rights. 

All Users recognize and agree that the Site and all of its components, including all associated intellectual property rights, are the exclusive property of the CIVB.

Any reproduction or representation, in whole or in part, of the Site or any of its components, without the authorization of the CIVB, is prohibited.

Similarly, the User shall refrain, without the prior written consent of the CIVB, from using, reproducing, adapting, modifying, creating derivative works, distributing, licensing, selling, transferring, publicly presenting, transmitting, distributing or otherwise exploiting the Site and all elements belonging to the CIVB.

Article 14: Commitments and responsibilities of Users 

All Users understand and accept that they are responsible for accessing and using their Account.

The User expressly undertakes to:

• comply with all applicable laws and regulations and not infringe public order, the morality or the rights of third parties and not to breach any legislative or regulatory provisions;
• not allow any third party to use their Account;
• not publish Content that is offensive, defamatory, disparaging, slanderous, contrary to morality, public order, or the rights of third parties, likely to harm the rights, reputation and image of the CIVB or other Users;
• not use the Site in a fraudulent manner (e.g. a false Account or identity) and/or to harm the interests of the CIVB, or other Users;
• not assign or transfer in any way their Account to a third party;
• provide the CIVB with all the information necessary for the proper performance of its services and to guarantee their accuracy;
• to inform the CIVB in the event of any complication of any kind, or any problem with another User when using the Platform, Account or Services.

The User understands and accepts that the following is strictly prohibited:

• any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Site;
• any intrusion or attempted intrusion into the CIVB’s system;
• any diversion of system resources from the Account and Site; 
• any action likely to burden the Site’s digital infrastructures;
• any breach of security and authentication measures;
• any act likely to affect the financial, commercial or moral rights and interests of the CIVB and other Users;
• any breach of the T&Cs;
• any copying and/or misappropriation of the CIVB’s digital infrastructure;
• more generally any practice that represents a misuse of the Site for purposes other than those for which it was designed.

Should the User fail to comply with these obligations, the CIVB reserves the right to immediately suspend their Account and access to the Site.

Article 15: Commitments and responsibilities of the CIVB

The CIVB cannot be held responsible for any temporary difficulties or failure to access the Site or Account arising from circumstances beyond its control, force majeure, or any disruptions in the telecommunications networks.

In any event, where the CIVB may be held responsible, its liability is limited to certain direct and foreseeable damages. For damages resulting from a breach by the CIVB, the compensation due to Users, in the event that their liability is directly incurred and proven, shall be strictly limited to the cost incurred by the User. 

The Site may contain links to other sites and/or applications that the CIVB does not operate. The CIVB cannot be held responsible in any way for the content of such sites and/or applications, which are neither verified nor approved by it.

The CIVB cannot under any circumstances be held responsible for the content published by Tutors and in particular for the content of Third Party Training Programs, whereby the CIVB’s liability is limited to its role as an operator of the online platform.

The CIVB declines any responsibility related to the quality of the premises and wines available for tasting.

Article 16: Personal data 

The CIVB attaches great importance to Users’ personal data and compliance with applicable rules, in particular (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). 

To learn more about the processing and security of personal data by the CIVB, Users may consult the CIVB Privacy Policy on the Site.

Article 17: Miscellaneous 

In the event that one of the clauses of the T&Cs is declared null and void by a change in legislation, regulation or court decision, this shall in no way affect the validity of the other clauses and compliance with the T&Cs.

Failure by the CIVB or Users to exercise the rights granted to them under the T&Cs does not constitute a waiver of the right to exercise them.

Article 18: Dispute settlements

18.1 Applicable law

The T&Cs are governed by and interpreted in accordance with French law. 

18.2 Amicable resolutions

In the event of a dispute, Users and the CIVB shall undertake to seek an amicable resolution. In the event of a complaint, the User undertakes to contact the CIVB by email at the following address: support.ecole@vins-bordeaux.fr .

18.3 Competent jurisdiction

Users and the CIVB undertake to submit any dispute or controversy relating to the validity, interpretation, execution and/or termination of the T&Cs to the jurisdiction of the Bordeaux Court of Appeal.

Any dispute with a User acting in a professional capacity shall be submitted to the jurisdiction of the Bordeaux Trade Tribunal.