Last modified 5/14/2024

GENERAL TERMS OF SERVICE

This section explains the general terms of service of iDealwine on the idealwine.com website (the "electronic platform"). Any purchase placed (at auction or in a fixed- price sale) implies that you agree to all general terms, therefore it is important that you read them carefully.

The SARL International Wine Auction is a subsidiary controlled by iDealwine and managed by its lawful representative, Mr Cyrille JOMAND. To this end, iDealwine acts as a technical service provider for SARL International Wine Auction by connecting the users of its electronic platform with that of SARL International Wine Auction and organising transport, delivery and invoicing on its behalf.

In all these cases, contractual relations are exclusively formed between:

- Users of the electronic platform and iDealwine for fixed-priced purchases, and

- Users of the electronic platform and SARL International Wine Auction for auction purchases.

As a consequence, iDealwine does not interfere with auction sales and more specifically, it does not intervene with the management of auctions, acceptance or refusal of bids, organisation of a sale, adjudication, collection of payments, or setting additional fees as all of these services, actions and diligences are handled by SARL International Wine Auction.

When it comes to invoicing, iDealwine is the recipient of an invoicing mandate which allows it to issue invoices in the name of SARL International Wine Auction conforming to the applicable fiscal regulations.

1. Name: IDEALWINE.COM S.A.S.
Registered Office: 190, rue d'Estienne d'Orves – 92700 COLOMBES - FRANCE
Registered Number: NANTERRE B 431 661 628
Tel: + 33 1 56 05 86 10
Fax: + 33 1 56 05 86 11
E-mail: [email protected]
CEO: Cyrille JOMAND
Legal Status: Société par actions simplifiée, (a French simplified joint-stock company)
Capital: €502,200
European VAT number: FR73 431 661 628

2. Name: International Wine Auction.
Registered Office: 190, rue d'Estienne d'Orves – 92700 COLOMBES - FRANCE
Registered Number: NANTERRE 754 038 586
Tel: + 33 1 56 05 86 10
Fax: + 33 1 56 05 86 11
E-mail: [email protected]
CEO: Cyrille JOMAND
Legal Status: Société à responsabilité limitée (a type of French limited liability company)
Capital: €10,000
European VAT number: FR13754038586

SARL International Wine Auction acts as an Opérateur de Vente Volontaire [a French operator of auction sales] governed by article L. 321-4 and following articles of the Code de commerce [French code of commerce] and given this title by Conseil des ventes volontaires de meubles aux enchères publiques [the French Auction Market Authority] (certification no. 2012-027).

Maximum Bid

The maximum bid allows you to set the highest price that you are willing to pay for the lot. Thanks to the maximum bid system, your bid will be automatically readjusted every time another bid is placed on the same lot. This will occur until somebody's bid reaches your maximum bid you set.

Auctions

These are internet-only auctions which are conducted electronically subsidiarythe licensed operator of auction sales (which is a new name for auction houses): International Wine Auction SARL (“IWA SARL“).
You can find these types of sales on the electronic platform, under the name “Auction“ or “Spirits auction“.

Fixed-Price Sales

This term designates the sales catalogues organised by iDealwine on its electronic platform, that do not require bids. They are identified by the term “Fixed Price" in the list of sales on the iDealwine website.

iDealwine is a platform specialised in intermediation and information about wine.

Auctions

iDealwine provides its subsidiary International Wine Auction Company (IWA SARL), a licensed operator of auction sales (OVV), with an electronic platform allowing it to conduct public auctions online.

Fixed-Price Sales

iDealwine puts on sale on its electronic platform, one or more references coming from a specific vendor, producer, professional or belonging to iDealwine company. To be sold at a pre-determined price.

In order to take part in an auction or a sale through iDealwine's electronic platform,the following requirements must be met:
  • The bidder must be 18 years or older and fulfil the legal requirements of the country, selected upon subscription.
  • The bidder must have the legal capacity required to consent to such an agreement, or have the authorization of a parent, legal guardian or attorney if the user is a minor or incapable.
  • The bidder must comply with all terms herein.

When registering, clients are asked to provide their first and last name, address and email address. This information is submitted to iDealwine in order to be able to process your bids bids and fixed-priced purchases. iDealwine may forward this information to its partners. Clients may, however, deny iDealwine this privilege by informing iDealwine while registering. Orders cannot be processed unless the client has submitted a valid credit card number if they choose this method of payment. If the client wishes to use another payment method, They will need to contact iDealwine's Customer Service Department during registration registration and send the form and documents provided for this purpose.

Please note that when registering, your delivery address must be within iDealwine's shipping area scope in order to receive delivery.

iDealwine reserves the right to ask any potential buyer to prove their identity (with a national identity card or a passport) and their place of residence (with proof of address).

iDealwine reserves the right to prevent any potential buyer from accessing the site with just cause, notably in the case that these general terms of service or other applicable regulations are not compiled with.

Fixed-Price Sales

The purchase price of the lots as well as the duration of sale are indicated in the description of the lots placed online. The lot is sold to the first client having placed their purchase order. As soon as a purchase order is recorded, the status of the lot indicated on the descriptive page changes from “available” to “sold”, and no other purchase order can be recorded for this lot. The buyer receives a confirmation email of their purchase a few minutes after the order has been finalised. Once their order is validated, the buyer receives an email allowing them to complete the payment step of their order.

Auctions

The starting bid, the price estimate and the time period for placing bids are indicated in the lots’ description on the website. The bidder can start with a bid based on the current price of the lot up for auction or by using the maximum bid feature by selecting a maximum bid amount. At the end of the bidding period, the highest bidder is declared the winner and will receive an email stating that they are the winner of the lot. For further information about Auctions, see point IX: Particular Conditions Applying to Auctions.

System to automatically extending auctions – "Overtime bidding"

When a bidder places a bid in the final 3 minutes of an auction (the time and date of closing listed in the "Our Auctions" menu), the lot is automatically extended by 3 minutes.
If another bidder places a bid in the 30 seconds before the new closing time, the lot is automatically extended by 30 seconds. This system of extending the auction closing time by 30 seconds can be repeated 9 times, meaning that the maximum time auctions can be extended by cannot exceed 7 minutes and 30 seconds.

Auctions

Placing a bid is an irrevocable and legal act; as a result, once an order is placed it cannot be cancelled or modified. However, an internet user can place higher bids in the event that the maximum price they had set is exceeded by the bid of another internet user. iDealwine reserves the right to cancel an order or request a security deposit if it feels an order is exceptionally high. Pursuant to the provisions of article L.221-28 of the French Code of Consumption, the orders resulting from these types of sales are definitive and cannot be cancelled.

As an exception to article L.221-28 of the French Code of Consumption, the purchaser benefits from a right to withdraw in the conditions mentioned hereinafter as soon as the auctions are entirely dematerialised and if the seller is a professional.

Fixed-Price Sales

Pursuant to the provisions of the article L.221-28 of the French Code of Consumption, Fixed-Price Sales orders have a fourteen day right of cancellation. Indeed, the withdrawal period expires fourteen days after the day when the buyer, or a third party other than the courier and designated by the buyer, takes physical possession of the goods. To be granted any refund, the buyer will have to inform iDealwine – 190, rue d’Estienne d’Orves – 92700 COLOMBES - France – [email protected] – tel no. + 33(0) 1 56 05 86 10 - of their decision to withdraw from this contract by means of an unambiguous statement in writing (email, letter or fax).

In case of cancellation, iDealwine will refund the costs related to the order, including shipping fees, without undue delay and in any event no later than fourteen days after the day the company would have been informed about the cancellation of the order by the buyer. iDealwine will proceed the refund using the same payment methods used for the initial transaction unless the buyer expressively requests another payment method. In any case, no cost related to this payment will be charged to the customer.

iDealwine will differ the refund until the company will receive the goods. The deadline is considered respected only if the buyer has sent the goods no later than fourteen days from the communication of the order cancellation to iDealwine. This period is deemed to have been respected if the buyer returns the goods before the expiry of the fourteen-day period. The client is responsible for any depreciation of the goods resulting from a handling different than what is considered necessary to verify an order or resulting from a bad storage.

A - Auctions

In addition to the final price, bidders will be charged a buyer's premium and shipping fees. As of 02 March 2023, the buyer's premium added to the bid is:

  • 25.2% VAT included (21% excl. VAT) for auctions

The buyer's premium is paid to the operator of auction sales (IWA SARL) and is included in the final price at the end of the auction on the website (which corresponds to the hammer price).

B - Fixed-Price Sale

Prices indicated are all inclusive of tax (except typo errors), within the European Union (for Metropolitan France, VAT stands at 20%) and exclude shipping costs. There is no buyer's premium to add to the indicated price. The orders are only considered valid once payment from the buyer has been received.

Date of Payment

Regardless of the type of sale and the country of origin of the bidder, the reference currency is Euros.
Payment is due once the order is confirmed
; any outstanding payment after 7 days will accrue interest at a rate equal to one and a half times the legal interest rate referenced in France. In addition, storage fees will be accrued at a rate of €0.06 per bottle and per day, taking effect on the 31st day following the date of the order confirmation.
If purchases have not been paid for within 15 days of the order confirmation, iDealwine is be entitled to proceed to the automatic direct debit of the amount owed from the bank account used when registering.
iDealwine and International Wine Auction reserve the right to initiate any legal proceedings against the defaulting buyer for the recovery of the sums due in principle, interest, legal costs and all other costs and damages.

At auction
In case of non-payment, a fee of 10% of the total amount of the order and a €75 fixed fee for administrative costs will be charged. iDealwine and International Wine Auction reserve the right to pursue any legal challenges against the defaulting buyer to recover any unduly paid amounts, interests, legal fees and any other costs and damages incurred

In the absence of payment by the winning bidder, after an unsuccessful formal notice, the goods can be put up for sale again at the request of the seller, in the case of irresponsible bidding.

If the seller does not send their request within three months of auction closure, iDealwine and International Wine Auction are given a mandate to act in their name and on their behalf, either proceeding in cancelling the sale, or in completion and payment of the sale in question, and to request in addition and in both cases legal fees and any other costs and damages incurred.

Methods of Payment

We accept payment by card (both French and non-French cards).
In accordance with current regulations, cash payments are only possible for orders of €1,000 or less.
We do not accept cheques.
For all payments by bank transfer, the bank details are:

Bank account in France (all foreign currencies accepted) :
IBAN : FR76 1010 7001 7500 1140 7454 286
Swift : BREDFRPPXXX

Hong Kong bank account:
Account number: 848 540407 838
Name: Ideal Wine Com
Swift: HSBCHKHHHKH
Bank: HSBC Hong Kong
Bank address: 1 Queen's Road Central, Hong Kong

Nota Bene

Non-Resident Customers
iDealwine customers whose address lies outside of the European Union are informed that customs and excise duties are not included in the buyer's premium and are charged to customers in accordance with the legislation in force. To learn more about these fees, clients can contact iDealwine's Customer Service Department.

When lots are put up for sale at auction by people and entities that are not VAT registered, tax is only due on the buyer’s commission collected by the organiser of the auction (IWA) on the winning bid (VAT on gross margin regime).

In the case of fixed-price purchases, standard VAT is added to the sale price. However, the VAT on gross margin regime may be applied to fixed-price purchases on goods put up for resale.

Professional (B2B) customers cannot recover the value added tax and it cannot be included on the invoice issued by iDealwine. In the case of lots put up for auction by consignors who are liable for VAT, the common system applies. The indication of whether the VAT is refundable or non-refundable is displayed in the description of each lot put up for auction and on the invoices issued. When a client is logged in to their account, the VAT invoicing is dynamic, adapted to the professional or private status of the client and the shipping country. Once the order is confirmed, the shipping country cannot be changed.

Customers not resident in Metropolitan France

iDealwine customers not resident in Metropolitan France are informed that customs and excise duties are not included in the buyer's premium and are charged to customers in accordance with the legislation in force. To learn more about these fees, clients can contact iDealwine's Customer Service Department.

Exports and imports

The import of all goods into France and the export of all goods to other countries can be subject to the procurement of authorisation (export certificates, customs authorisation).

It is the responsibility of the buyer to check any authorisations and formalities required by the relevant authorities of the country in question.

In order to place a bid online, iDealwine members must agree to the following terms in addition to the general service terms

In order to participate in auctions, bidders must have already registered as members on the iDealwine website (personal details), accept the general terms herein, and provide payment details. The information provided to iDealwine is forwarded to International Wine Auction SARL (IWA), the licensed operator of auction sales, in charge of organising the sales. The operator of auction sales reserves the right to refuse a bid for just cause, particularly due to an insufficient security deposit and, therefore, may require an additional security deposit before accepting the bid.

Lot Descriptions and Guarantees

The auction organiser is legally bound by lot descriptions. Buyers who wish to receive additional information may contact the organiser of the auction. Lots described in the catalogue will be presented on the website during the auction. Potential buyers are invited to contact the operator of auction sales (IWA) or iDealwine to obtain information concerning when details will be made public.

The operator of auction sales (IWA) guarantees that the wines will be authentic and will conform to their published descriptions. The operator of auction sales also guarantees that the wines conform to the conditions stipulated in article D. 211-2 of the French Code of Consumption as well as section XIII below. However, information provided regarding wine levels, status of corks, capsules and labels are only indicative. The operator of auction sales cannot guarantee the conditions of the cork. The information on bottle, back and neck labels and corks only serve to identify the product and ,therefore, the operator of auction sales cannot be at any time held responsible for it. Tasting characteristics for wines purchased in auctions cannot be guaranteed.

Auction Procedures

The Starting price for lots, estimate, and bidding period are indicated in the description of the lot up for auction. Bidders can place bids by either selecting a bid increment based on the current price of the auctioned lot or by using the maximum bid feature by selecting a maximum bid amount. At the end of the bidding period of the auction, the highest bidder will receive an email informing them of the bidding results. The operator of auction sales will then begin authenticating auction results and drafting the formal sales record. The buyer will then receive an email informing them that they are the successful bidder (winner) for the lot.

Public Auction Fees and Payment

In addition to the bid amount, buyers will also pay public auction fees added by the operator of auction sales the auction organiser : 21% excluding V.A.T. or 25.2% including V.A.T. of the hammer price (as of 06/03/2023). After the auction, all lots won by the same bidder are included in one invoice/order (bill of sale) and are payable to the operator of auction sales. Buyers will receive an email informing them of their order reference information.

Shipping and Delivery of Lots - Transfer of title and risk

Lots cannot be delivered until payment is fully received. Lots can only be collected upon presentation of the receipt of sale from the operator of auction sales stating "paid". Buyers can use iDealwine's shipping services or they can pick up their lots directly from iDealwine's warehouse (see paragraph XII – Delivery and collection).

The transfer of ownership of a lot to the buyer is subject to the settlement of the price and costs pertaining to its sale. The risks and responsibility linked to a lot are transferred at the moment of their collection by the buyer or of their delivery to the buyer, as the case may be.

Liability

The operator of auction sales and its technical service provider, iDealwine, make every effort to keep their auctions continually up and running. However, they cannot be responsible for technical difficulties and the system not allowing customers to place bids. If the system does not allow bidders to place bids or if the system is not operational due to technical difficulties, iDealwine will inform everyone participating in the auction as quickly as possible.

iDealwine is a public company governed by French law with its headquarters located at 190, rue d'Estienne d'Orves, 92700 Colombes, France. It is registered with the trade and companies register of Nanterre under the number B431661628, and is represented by Mr Cyrille JOMAND, CEO.

The operator of auction sales, here SARL International Wine Auction (IWA), is located at 190 rue d'Estienne d'Orves, 92700 Colombes, France and it registered with the trade and companies register of Nanterre under the number 754 038 586 and is an operator of auction sales, licensed under the number 2012- 027. It is a company that habitually organises public auctions in accordance with the relevant statutory provisions, in particular law 2011-855 from 20 July 2011.

The consignor or seller refers to the person who wishes to sell in the context of an auction or of a fixed-price sale organised by iDealwine and who, for these purposes, stores their wines at iDealwine's warehouses or entrusts a carrier to do so.

In the context of an online auction, iDealwine provides the licensed operator of auction sales with an online platform, allowing them to perform public auctions by proxy. As such, iDealwine acts as a technical provider for the operator of auction sales organising the auction. The statutory provisions L.321-1 to L.321-17 of the French code of commerce regarding sales at public auction apply to auctions on the www.idealwine.com site.

Consigners accept the general terms and conditions listed below:

1 - Contractual relationships between the consignor, iDealwine, and the operator of auction sales.

The signatory consignor of the present deposit certificate grants iDealwine the right to store and assess the deposited wines for a minimum of 3 auction presentations. iDealwine does not organise auction sales but makes its internet platform available to a licensed operator of auction sales in order to organise online auction sales. Before the beginning of the auction sale, the seller receives from the operator of auction sales a selling mandate. This mandate lists the lots for sale with their description, their estimated prices, and their reserve price. The consignor expressly confers on iDealwine the right to advertise and/or photograph and reproduce, to engage any arrangement fees, handling, storage and shipping charges judged necessary and accepts that iDealwine may be represented by any experts or specialists of its choosing.

2 - Ownership of stored property

Consignors guarantee iDealwine and, when appropriate, the operator of auction sales, that as the uncontested owner of the property or as regular mandatory of the uncontested owner, they can validly deposit and transfer the property rights of the property offered for sale. They guarantee that the property offered for sale is in compliance with all French and European legal and regulatory provisions, especially those relating to custom regulations and tax provisions. They must guarantee that they have submitted to iDealwine all the information relative to the origin and authenticity of the property offered for sale and relative to the regulatory situation mentioned above. When depositing wine, iDealwine will take a copy of the consignor's piece of identity and company registration certificate in the case that a professional is making the sale. If the person depositing the wine is not the owner, they must provide a written authorisation and a copy of the consignor's I.D. sating the owner's wishes.

3 - Estimation/reserve price

All wine deposited for online auctioning will undergo a pre-sale assessment that will set the low and high estimates. The consignor can set a reserve price which is the minimum price that the goods can be sold at. The reserve price cannot be higher than the low estimate and by default, this price is set at the low estimate. The consignor can specifically ask for their property to be auctioned with no reserve price (the starting price will be set at €1); in this case no reclamation from the seller will be accepted if their property is sold at a price below the low presale estimate published.

iDealwine reserves the right to transfer all spirit estimation requests to its specialised partner website Fine Spirits Auction in the interest of the consignor.

4 - Bottle assessment

After deposit or shipment, iDealwine’s experts appraise wines. If necessary, iDealwine may call up an external expert, acting under iDealwine’s responsibility. The descriptive elements such as the state of the labels, the measure of the fill level of the wine in the bottles, the condition of the capsule, the bottling origin (merchant bottling, chateau bottling, reconditioned bottles, etc.) are determined during the evaluation. iDealwine reserves the right to undertake all the necessary verifications to ascertain the wine’s authenticity and, if necessary, withdraw it from the sale. iDealwine may be obligated to remove from sale all bottles considered unsuitable for sale or consumption due to their condition (bottles with a level way below low shoulder, wine seepage past the cork, depigmentation, labels that are too damaged, etc.). During assessment, if the level is deemed abnormally low for the vintage or in case of a deteriorated label, or a French bottle with a foreign export label, the lot’s reserve price may be lowered by 10 to 30% of its estimate.

Cork resistance is systematically tested for vintages prior to the year 2000. Every bottle that has a depreciated or falling cork will be removed from sale. iDealwine is exempted of all liability if corks do fall during the evaluation. What is more, iDealwine reserves the right to remove plastic film from bottles if need for the appraisal

iDealwine’s experts will divide the wines into lots, unless the seller has previously formulated a specific request prior to the deposit or shipment of their wines. After appraisal, you may only ask for lots to be separated depending on the average value per bottle following the wines' third appearance at auction and following a price decrease.

From a certain low unitary price estimate, and depending on the general condition of a lot, iDealwine reserves the right to affix bottles with WineDex certification, in the form of a red RFID chip placed on the capsule. For more information: https://www.winedex.io/

When bottles are judged unsuitable for sale (see above), iDealwine notifies consignors so that they can come to collect their bottles or have them shipped, when possible, at their own expense within a period of 45 days. After this time, they agree for their bottles to be destroyed

5 - Sales process

Auction sales are held online under the supervision of an operator of auction sales whose contact details are provided on the sales order signed by the seller. As acting technical provider, iDealwine grants consignors access to its customer service.

The consignor is notified that their wines have been put for sale at auction by a sales order sent by email. This must be signed electronically and sent back before the end of the auction sale. This order is valid for all auctions necessary for the sale of the wines concerned.

If the consignor decides to remove their lots of wine and spirits during or before the first auction, they will be liable to pay the administrative and appraisal fees. These will be calculated based on the sum of the low-price estimates of the bottles removed from sale.

Sale results

Sale results are emailed to consignors within 48 hours of the sale's closing date.

Unsold wines are automatically reoffered for sale unless the consignor decides otherwise. The seller can choose to lower the reserve price or request their unsold wines to be returned (after three auction appearances).

If the wines are unsold after three consecutive auctions, their reserve price will automatically be reduced by 10%. After 6 auctions, unsold lots will be reduced by 10%, applicable to the already-lowered reserve price and not the initial price. For example: if a bottle with a low estimate of 100 euros does not sell after three auctions, its reserve price will be lowered to 90 euros. If the lot is unsold after 6 auctions, the lot will then be put for sale for 81 euros.

6 - Sales commission - miscellaneous costs

The operator of auction sales' commission fee is 13% (excluding tax) or 15.6% (including tax) of the Hammer Price in addition to any transport costs incurred in transporting the wines to the iDealwine warehouses. Advertisement and catalogue fees are not charged.

Storage is free during the first 6 months following the deposit. After six months, the lots will be removed from sale. The seller can then either collect their unsold lots or offer them for sale one final time without a reserve price. If no response is received from the consignor, storage fees of 1 Euro per month per bottle will be charged. Unsold bottles or bottles that have been excluded from the sale at the time of the appraisal can be collected by their owner at iDealwine's warehouse in Colombes, France by appointment. Alternatively, if the condition of the bottle allows it, iDealwine can provide a quote for shipping them. iDealwine's insurance will not cover the return shipping for bottles considered unsuitable for sale.

7 - Payment to seller

Consignors will be paid 35 days after the end of auction. Payment is made by the operator of auction sales for online auction sales, either by cheque or bank transfer if the seller has provided their bank details beforehand.

For private consignors whose fiscal residence is in France, and in accordance with article 150 UA of the CGI, the capital gain realised by a seller upon the sale of their goods will be taxed to the rate of 36.2% (19% as income tax and 17.2% as social insurance contributions) when the amount exceeds €5,000 per lot. The total of the capital gain is reduced by 5% per year the consignor has owned the good, from the second year on (article 150 VC, I-5 subparagraph of the CGI). In the case of taxable capital gain, the consignor must make the declaration within one month of the sale (article 150 VG, I-4° of CGI).

8 - Insurance

iDealwine.com is insured against the risks associated with wine shipping, handling, and conservation entrusted by consignors, on the basis of the wine's estimated value. Therefore, if a bottle is broken by iDealwine during its transportation, subject to the respect of the packing instructions, or its storage, the seller will be reimbursed within 30 days, on the basis of the median estimate given to the seller reduced m sales expenses.

9 - Force majeure

iDealwine renounces all responsibility for any failure to meet its contractual obligations in the case of unforeseeable circumstances or force majeure, including, but not limited to, disaster, fire, internal or external strike, internal or external power outages, and generally speaking any event that would impede the execution of services.

10 - Allocation of jurisdiction

All contracts between a seller, iDealwine and the auction sales operator qualified to operate public auctions in which the seller's wines are sold, in these general terms and conditions, will be governed by and construed in accordance with French law.
If no alternative solutions can be found, the parties agree to submit any dispute or litigation which may arise over the validity, the interpretation or of the application of the present contract to the Court of Nanterre in compliance with article L. 321-37 of the French Code of Consumption.
In accordance with the law, all actions of civil responsibility undertaken during auction sales at public auction shall expire after five years of the hammer date.

In the context of 'en primeurs' sales through the website primeurs.idealwine.com, offers are subject to stock availability and the prices displayed exclude shipping costs. Some rare offers can be limited to a particular quantity per client. iDealwine reserves the right to cancel any orders destined for the same client and surpassing these limits.

Ordering wine 'en primeurs' requires a down payment of the total price of the wine including taxes but excluding shipping costs. Once the order has been placed and paid in full, iDealwine will send a pro forma invoice including tax. Once the wines are made available by the property, around two years later (and up to one year more for Sauternes and Barsac wines), iDealwine will send a definitive invoice to the client, including VAT and shipping costs at the rate applicable on the day of the wines being made available. The client must then settle any remaining costs before the wines can be dispatched by iDealwine. All of the client's orders are grouped and sent at the same time to a single address.

Free shipping for orders above €1,500 excluding tax (€1,800 including tax):
Delivery fees for your ‘en primeur’ purchases will be covered free of charge for all orders equal to or above €1,500 excluding tax (€1,800 including tax) when purchased on the site primeurs.idealwine.com. This offer is valid for all deliveries within metropolitan France and to countries that are a member of the European Union.

*Loyalty Program Customers: €50 credit note valid on the website idealwine.com
Offer valid on orders of €1,500 excluding tax (€1,800 including tax) or more on the primeurs.idealwine.com website. Limited to one voucher per customer during the 2023 primeurs campaign on orders of €150 or more on the iDealwine website.

How your shopping basket works for en primeur:
Placing items in your basket does not constitute a definitive, finalised reservation. Your chosen wines will not be blocked or reserved until your order is confirmed. Until the order is validated, the wines that you have selected are still available for sale on the site primeurs.idealwine.com and can still potentially run out of stock.

Pursuant to Article L221-28 of the Code de la Consommation (French Consumer Code), wines sold en primeurs do not benefit from the right of withdrawal provided for in Article L221-18 of the Consumer Code.

iDealwine guarantees product compliance with their descriptions made on its website.

However, bidders must be aware that vintages on spirits are given for information only.

Information provided regarding wine levels and the condition or absence of capsules and labels are only indicative. iDealwine cannot guarantee the state/condition of corks. Information on labels and back labels serve simply to identify the product and, therefore, iDealwine cannot at any time be responsible for it. Tasting characteristics for purchased wines through iDealwine services cannot be guaranteed by iDealwine.

Article D. 211-2 of the French Code of Consumption


The consumer has a timescale of two years from the delivery of the goods to implement the legal guarantee of conformity in case of a lack of conformity. During this period, the consumer is only required to communicate the existence of the lack of conformity and not the date of its appearance. When the contract of sales of goods includes digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or digital service throughout the time that it is supplied. During this time, the consumer is only required to communicate the existence of the lack of conformity and not the date of its appearance.

The legal guarantee of conformity creates an obligation for the vendor, where appropriate, to provide all necessary updates to maintain the conformity of the goods.

The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, without any fees or any major inconvenience for them.

If the goods are repaired under the legal guarantee of conformity, the consumer receives a six-month extension of the initial guarantee.

If the consumer requests that the goods are repaired, but the vendor insists on sending a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the goods.

The consumer may receive a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if:

  • The vendor refuses to repair or replace the goods.
  • The repair or replacement of the goods takes place after the period of thirty days.
  • The repair or replacement of the goods causes major inconvenience for the consumer, in particular where the consumer definitively bears the cost for taking back or removing the non-conforming goods, or if they bear the cost of installing the repaired or replacement goods.
  • The non-conformity of the goods persists despite the vendor’s attempt to bring them into conformity.

The consumer also has the right to a reduction in the price of goods or to terminate the contract when the non-conformity is so severe that it merits an immediate reduction in the price of goods or termination of the contract. The consumer is then not obliged to request that the goods are repaired or replaced beforehand.

The consumer does not have the right to rescind the purchase if the non-conformity is minor.

Any time that it is not possible to use the goods due to the fact that they are being repaired or replaced suspends the guarantee no matter the time left on the guarantee until the goods are delivered in a fit state.

The rights mentioned above result from applying articles L. 217-1 through to L. 217-32 of the French Code of Consumption.

A vendor who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300 000 euros, which can be increased to 10 % of the average annual turnover (article L. 241-5 of the French Code of Consumption).

The consumer also benefits from the legal guarantee of flaws when applying articles 1641 to 1649 of the French Civil Code for a two-year time period from the time that a fault was discovered. This guarantee means that the consumer has the right to a reduction in the price if the goods are kept or full reimbursement if the goods are returned.

Furthermore, iDealwine makes every effort to keep its online bidding services up and running. However, iDealwine cannot be held liable if, due to technical difficulties, the system does not allow a bidder to place a bid in an auction. In the event of that technical failure prevents the proper execution of its services, iDealwine will inform its users without undue delay.

All requests regarding the conformity of products shall be made upon receipt of the shipment to iDealwine's Customer Service Department. Reimbursements will not take place if the order to which it refers to was made more than 6 months before.

iDealwine cannot be held responsible for simple typographical errors relating to the price or a description of a product in the text of a marketing email or on a page of the idealwine.com website.

iDealwine shall not be responsible for any default in its contractual obligations due to a force majeure or fortuitous event, including, but not limited to, natural disasters, fires, internal or external strikes, internal or external blackouts and in general, any event that does not permit services to be successfully carried out.

Minors

In accordance with French ordinance no. 2009-879, dated 21st July 2009, it is illegal to sell alcohol to minors. Anybody placing a purchase bid therefore agrees to be at least 18 years old on the date they place the order and comply with the laws of the country of delivery of the wines.

Alcohol abuse is detrimental to your health. Please be careful and drink in moderation.

Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business.

French Law for Data Protection and Liberties

The iDealwine registered customers database has been deposited at the National Commission for Data Protection and Liberties (CNIL) under the document number 1356848. While conforming to French Law 78-17, dated January 1978, and the European regulation General Data Protection Regulation (GDPR) (regulation 2016/679, dated 27 April 2016), you are reminded that it is necessary for personal data to be collected in order to use the services offered by iDealwine and IWA. You have the right of access, rectification, erasure and correction of your own personal data. You can exercise this right by directly accessing your personal account online with your user ID and password.


You also have the right to request a restriction of processing or object to the processing of your personal data. You have the right to withdraw your consent to the processing of your personal data at any time.


You can exercise this right by directly accessing your personal account online with your user ID and password. You can equally contact iDealwine or IWA.
In addition, you can contact our Customer Service Department at [email protected] or by mail to iDealwine.

Finally, you also have the possibility to make a claim at the CNIL.
Contact Data Protection Officer
190 rue d'Estienne d'Orves
92700 Colombes.
[email protected]


Please note that certain information is mandatory and necessary for the processing of your request. Failure to answer a mandatory field may compromise the proper handling of your request.
All personal information provided is for iDealwine's use only as well as that of IWA. However, it may be shared with the companies commercial partners. You have the right to prohibit the sharing of information by notifying us during your registration.

Your personal information will be retained for however long is necessary to perform our services, unless:

  • You exercise your right to have your data deleted as described below.
  • A longer retention period is permitted or required by law or regulations.

Please consult our page dedicated to protecting personal data.

Brand and Domain Name

The iDealwine brand and domain names idealwine.com and idealwine.fr are trademarked by iDealwine or on its behalf and are thus protected by the French Intellectual Property Code and by the rules governing competition.

Patents and Copyrights

The name, conception, layout, visual identity, software developments, pages source codes, content, comments and original illustrations of idealwine.com, idealwine.fr, idealwine.net, idealwine.info and finespirits.auction are the exclusive property of iDealwine.

Electronic copies of some pages of the website or paper printing is only authorised by iDealwine for private use of internet users. Any other use could constitute an infringement sanctioned by law.

Database

iDealwine offers its customers access to a comprehensive database and wine quotations that constitute an electronic database within the meaning of article 98-536, dated 1st July 1998.
As such, iDealwine benefits from all copyright on this database and thus the exclusive right to use this asset.
In accordance with the second paragraph of Article L. 122-5 of the Intellectual Property Code, any copies or duplicate of this database and, in particular, product notes as well as actual and historic estimations, should always be subject to formal approval by iDealwine whatever the use intended.

In connection with database producers' rights (articles L. 341-1 and seq. of the French Intellectual Property Code), iDealwine benefits from database content protection, prohibiting any copies or use of a substantial part of the database including in particular, yet not exclusively, current estimations, historic estimations, wine notes and comments in the database.

All contracts established between a mandator or buyer and iDealwine following current terms and conditions will be determined by and interpreted according to French law.

In case of litigation, the buyer is informed that it can in any case resort to conventional mediation with the French Consumer Mediation Commission or with the existing mediation bodies for the sector, or any alternative methods to resolve disputes.

The contact details and procedures for contacting the mediator are as follows
FEVAD Consumer Mediator
BP 20015 - 75362 PARIS CEDEX 8

You are also reminded that under article 14 of the EU Regulation No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the settlement of online disputes between consumers and professionals in the European Union by extrajudicial means.

If no alternative solution can be found, involved parties agree to submit any dispute or litigation regarding the validity, interpretation, or execution of the contract:

  • to the commercial court of Nanterre for professional mandators or buyers
  • either to a jurisdiction pursuant to the code of civil proceedings, or to the home jurisdiction at the moment when the contract was concluded or when the tort occurred, for private mandators of buyers

It should be noted that, in accordance with French law, all civil liability claims arising from sales at public auction are time-barred after five years from the auction date.

Severability

The clauses of the general terms of service are independent from one another. The invalidity of any clause does not render inapplicable any other clause.