General Terms of Use and Sale (GTUS)
Preamble
The website www.tulipe-rouge.com is published by the company Le Temps d’un Vin, a simplified joint-stock company with a share capital of €10,000, registered with the RCS of Reims under number 534570569, with its head office located at 16 boulevard Saint-Germain, CS70514, 75237 Paris Cedex 05.
Contact:
Email: contact@tulipe-rouge.com
Publishing Director: Olivier Borneuf
SIREN: 534570569
Date of creation: 10/11/2021
The website www.tulipe-rouge.com is hosted by the company AMBIKA, located at 61 rue de Lyon, 75012 Paris.
Article 1: Definitions
In these General Terms of Use and Sale (GTUS), words or expressions beginning with a capital letter will have the following meanings:
• “Company” refers to SAS Le Temps d’un Vin, as defined in the preamble.
• “Site” refers to the secondary website accessible through the URL www.tulipe-rouge.com.
• “Products” refers to products and services published by the Company, both digital and on the Site, including special paid events open to the public.
• “User(s)” refers to one or more users of the Site, regardless of whether they have subscribed.
• “Subscriber” refers to one or more Users of one or more Products who have validly subscribed.
• “Subscription” refers to a commercial offer issued by the Company, granting access to editorial Content on the Site in digital format, for the duration specified in the commercial offer, and/or to any paid editorial Content available on the Site.
• “Content(s)” refers to all content, paid or free, accessible on the Site.
• “Account” refers to a personal space made available to the User on the Site, allowing them, after identification with their access codes, to access all or part of the Products and Content, especially by subscribing.
• “Professional(s)” refers to a winemaker, wine merchant, wine cooperative, wine and spirits retailer, wine and spirits sales agent, wine and spirits importer, wine and spirits exporter, sommelier, restaurateur, hotelier, journalist, influencer, general or specialized media on any platform, online sales site, wine club, and more generally, any profession related to wine production, sales, and communication, which might be interested in using the results (tasting notes, rating out of 100, “La Tulipe Rouge” logo-brand) or Site Content.
Article 2: Contractual Documents
These General Terms of Use and Sale (GTUS) are part of the contractual framework binding Users and Subscribers, consisting of the following documents:
• Commercial offers for Products available to the User and the Subscriber, published online or on paper;
• Any specific sales conditions corresponding to the commercial offer subscribed to by the Subscriber;
• These General Terms of Use and Sale, referred to hereinafter as GTUS;
• The Personal Data Protection Policy;
• The Cookie Policy.
Article 3: Enforceability
Using the Site, registering on the Site, or ordering a Product constitutes the User’s acceptance of these GTUS without reservation. This acceptance is demonstrated by the User ticking the box “I have read and accept the General Terms of Use and Sale of the Site” upon registration or when placing an order.
The applicable GTUS are those online on the Site at the date of Registration or Subscription.
The GTUS may evolve to adapt to editorial, commercial, technical, legal, or regulatory changes. The Company will inform the User by any means of the existence and entry into force of the updated GTUS.
The possible tolerance of a contractual breach does not constitute a waiver by the Company to enforce it. The nullity of a provision of the GTUS or specific conditions does not affect the validity of its other clauses.
Article 4: Products
Details of the commercial terms of Products are presented on the Site. Each offer includes specific conditions, durations, and pricing, which the User is invited to review and confirm before subscribing.
By ordering a Product, the User affirms having received all necessary information to make an informed decision regarding the subscription, with the understanding that, should any uncertainties remain, the User may request clarification from the Company via email (contact@tulipe-rouge.com) or by using the contact form on the Site.
Subscription to a Subscription indicates the User’s acknowledgment of full comprehension of the offer they have selected.
The Company reserves the right at any time, in accordance with current legal and regulatory provisions, to modify, evolve, condition, suspend, withdraw, or remove any or all parts of a Product.
Article 5: Customer Service
For any questions regarding the Site, Subscriptions, or Products, the La Tulipe Rouge Customer Service can be contacted:
• By email: contact@tulipe-rouge.com
• Via the contact form: https://www.tulipe-rouge.com/contact
• By mail: La Tulipe Rouge – 16 boulevard Saint-Germain – CS70514 – 75237 Paris Cedex 05
Article 6: Creating an Account on the Site
Certain Products require the User to create an Account.
Creating an Account is a declarative process allowing the User to enter information about themselves to associate it with the access rights they benefit from for certain Products and/or Content on the Site. The Account is associated with access codes, namely a username and password chosen by the User, which allow them to identify themselves on the Site, connect to their Account, and access the associated Products and/or Content. The User agrees to provide accurate and complete information when creating their Account. They also agree to keep this information updated throughout the validity period of their Account by accessing the "My Account" section.
These access codes are personal and confidential. Each User acknowledges and accepts that any connection to the Site, use of a Product and/or Content, or any order placed through their Account is deemed to have been carried out by them.
The User agrees to keep their access codes secret and refrain from disclosing them in any form to third parties. They are also encouraged to log out after each visit to the Site.
In case of forgotten password, the User may request a recovery by clicking the "Forgot Password" button on the Account login page accessible via the "Log in" tab.
In the event of accidental disclosure or theft of the password, the User must inform the Company by email at contact@tulipe-rouge.com as soon as possible so the Company can deactivate and replace the password. The User must then choose a new password and possibly a new username. Failure to take prompt action will hold the User responsible for the consequences of any loss, theft, misappropriation, or unauthorized use of their access codes.
The Company declines all responsibility directly related to the lack of complexity of the password chosen by the User.
Article 7: Deactivation of an Account
A User who wishes to deactivate their Account may submit a request via the contact form accessible from their Account or by email at contact@tulipe-rouge.com.
Account deactivation will result in the inability to access Products and/or Content requiring the User’s login via their Account.
The Company reserves the right to suspend, without notice or indemnity, on a temporary or permanent basis, the User’s Account, in particular in the following cases:
• Serious and/or repeated non-compliance with the GTUS, particularly the rules governing the use of the Site or specific conditions;
• Providing false information when creating the Account.
Article 8: Newsletters and Email Communications
Registering on the Site or ordering a Product implies acceptance of receiving the La Tulipe Rouge newsletter by email. This newsletter informs Users about new articles, podcasts, and new content available on the Site.
Users may unsubscribe from this newsletter at any time via their client area, by clicking the unsubscribe link provided in each newsletter, or by contacting Customer Service.
Registering on the Site or ordering a Product also implies acceptance of receiving email communications from the Site. These may include information about Products or commercial offers. Users may unsubscribe from these emails at any time by clicking the unsubscribe link in each email or by contacting Customer Service.
The User is informed that unsubscribing from the newsletter does not imply unsubscribing from promotional emails and vice versa. Both unsubscribe processes are separate.
The email addresses of Users are not shared, rented, or sold to external partners. They are reserved exclusively for use by the Site's services.
Article 9: Pricing
The prices of Products and Subscriptions sold are indicated in euros, inclusive of all taxes (TTC).
The prices of Products and Subscriptions may be modified by the Company in accordance with applicable legislation and the Consumer Code, it being understood that the prices applicable to an order are those in effect on the date of the order as specified in the offer. Under no circumstances may price fluctuations after the order date result in a claim by the User.
Regarding Subscriptions, potential price increase brackets may be outlined in the offer. A Subscriber who subscribes is thus deemed to have read and accepted them.
For Subscriptions with an initial minimum commitment period, prices are guaranteed for the period indicated in the offer and, at a minimum, for the entire commitment period. Unless otherwise stipulated in the offer, the rate applicable after the initial commitment period is the prevailing rate at that time.
Any new services and features introduced during a Subscription period may, at the Company’s discretion, be added free of charge to the Subscription (for all or part of its duration) and/or offered to the Subscriber in exchange for a Subscription price increase.
The Company will notify the Subscriber of any price change not anticipated at the time of Subscription with a minimum of 1 (one) month’s notice before it takes effect, namely, the next contractual renewal date. During this period, the Subscriber may freely terminate their Subscription by contacting Customer Service by email, by mail, or via the contact form accessible in their client area. Upon expiry of this period, the price change will be deemed accepted and will apply to the continuation of the Subscription.
Article 10: Payment
Before any online payment, the User will have the opportunity to review the details of their order, its price, and correct any errors.
Confirming the order constitutes the formation of a sales contract binding the Parties. The User is therefore invited to verify the accuracy of their order and information and to notify the Company of any errors, if applicable.
After online payment, the User will receive an order confirmation email to the email address provided at the time of purchase. This confirmation constitutes acceptance of the order and validates the transaction.
Subscription payment may be made according to the offer, either in full or in installments at each contractual period through debit card or SEPA direct debit.
For SEPA direct debit, the Subscriber may, if available:
• Sign the mandate via the secure online solution; or
• Mail a completed SEPA direct debit mandate along with a bank details form (RIB) to the Company at the address indicated in the preamble.
• Revoking the SEPA direct debit mandate will immediately terminate the Subscription.
During payment, the Subscriber is redirected to secure payment servers. In the case of debit card payment, the Company does not have access to the Subscriber's banking details.
The Subscriber authorizes the Company to debit their bank account for the amount corresponding to the Subscription price. The Subscriber confirms that they are the account holder to be debited and that the name on the card is indeed their own.
The Subscriber agrees to provide accurate and complete banking information. In case of modification of this information, the Subscriber shall either:
• Update it by logging into their Account on the Site; or
• Contact the Company via the contact form accessible on their Account or by email at contact@tulipe-rouge.com.
The Subscription will take effect upon the bank’s approval of the transaction.
In case of payment rejection or installment rejection, the Subscription will be suspended until the situation is resolved. The Subscriber will be informed of the Subscription suspension.
If, despite the suspension, the Subscriber fails to rectify payment of their installment, they will be liable for the total amount due for the entirety of the commitment they have subscribed to.
Article 11: Right of Withdrawal
In accordance with Articles L221-18 and following of the Consumer Code, the Subscriber has a legal withdrawal period of fourteen (14) days to request a refund for a subscribed Subscription.
The right of withdrawal can be exercised for Subscriptions as per Article L221-28 10° of the Consumer Code.
The right of withdrawal must be exercised within fourteen (14) days from the Subscription date for the Subscriber who subscribed to a commercial offer providing access to Content on the Site.
If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next business day.
If the Subscriber wishes to exercise this option, they may make their request in writing and send it to the Company by registered mail with acknowledgment of receipt to the Company’s headquarters (postal address indicated in the preamble).
The Subscriber is not required to provide a reason or justification for their decision. No penalty will be charged in the event of withdrawal.
The Subscriber will be refunded the full amount paid by the same payment method used during the Subscription within fourteen (14) days from receipt of the registered letter.
Article 12: Terms of the Early Subscription Offer for Professionals
Description of the Early Subscription Offer for Professionals
From October 21, 2024, to December 31, 2024, the website www.tulipe-rouge.com is offering an early subscription to www.tulipe-rouge.com for either the year 2025 or for two consecutive years, 2025 and 2026.
This operation allows Professionals to pre-subscribe to the Site www.tulipe-rouge.com which becomes payable on January 1, 2025.
Types of Offers Sold as Part of the Early Subscription Offer
Various early Subscription options are offered to Professionals:
• One-year or two-year Subscription offers with discounted Subscription rates compared to future Subscription prices;
• An exceptional offer: a lifetime Subscription. This option allows Professionals to make an exceptional contribution to the Subscription project in exchange for a Subscription that will last for the subscriber's lifetime.
Duration of Subscriptions and Tacit Renewal (Excluding Lifetime Subscription)
Subscriptions sold as part of the early subscription offer (excluding Lifetime Subscriptions) include an initial minimum commitment period, specified in the offer, of one year or two years. They can only be terminated at the end of the initial commitment period.
All Subscriptions (excluding Lifetime Subscriptions) are automatically renewed for successive periods of 1 year.
At least 30 days before the end of each current period of the Subscription, the Company will inform the Subscriber by email of the expiration date and how to opt out of renewing the Subscription.
The Subscriber may, at any time and up to ten (10) days before the renewal billing date of their Subscription, terminate their Subscription by contacting Customer Service via email or mail or using the cancellation form in the Subscriber’s client area. Termination will take effect at the end of the paid Subscription period. The Company will confirm receipt of the termination request by any means.
For Subscriptions with a duration commitment and an automatic renewal clause, the Company agrees to comply with Article L215-1 of the Consumer Code, which states:
“For contracts for the provision of services concluded for a determined period with an automatic renewal clause, the service provider shall inform the consumer in writing, by personalized letter or email, no earlier than three months and no later than one month before the period authorizing non-renewal, of the possibility of not renewing the contract concluded with an automatic renewal clause. This information, provided in clear and understandable terms, includes, in an obvious box, the deadline for opting out.
If this information has not been provided as required by the first paragraph, the consumer may terminate the contract free of charge at any time from the date of renewal.
The provisions of this article apply without prejudice to those legally subjecting certain contracts to specific rules regarding consumer information (L215-1, L215-2, and L215-3).”
In accordance with Article 241-3 of the Consumer Code: “If the professional does not proceed with the reimbursement under the conditions provided in Article L215-1, the sums due shall bear interest at the legal rate.”
Description of the Lifetime Subscription Offer
The Lifetime Subscription offer allows the public to provide exceptional support to www.tulipe-rouge.com. This unique and limited-time offer will only be available during the early subscription period.
Start Date of Subscriptions
Subscriptions purchased as part of the early subscription offer will begin on January 1, 2025, when the Content and Products of www.tulipe-rouge.com become accessible by paid Subscription.
Subscribers to the early subscription offer will receive their access codes a few days before the paid access implementation on www.tulipe-rouge.com.
Termination of Subscriptions
Subscriptions purchased as part of the early subscription offer are non-cancellable during the initial commitment period and non-refundable except in cases of force majeure (death or legal guardianship of the Subscriber).
No termination is possible during the Subscription, except in cases of proven Company failure to meet contractual obligations. To obtain cancellation of an active Subscription with a commitment period, the Subscriber must send a registered letter with acknowledgment of receipt informing the Company of their intent to cancel and specifying the justification for the request. If the Company cannot demonstrate the absence of fault within 15 days of receiving the Subscriber's registered letter, the Subscription will be terminated on the date of receipt of said letter.
In the event of the Subscriber’s death, a family member may request termination from the Company by sending a registered letter with acknowledgment of receipt to the Company’s address provided in the preamble. The Company reserves the right to request proof of death to process the Subscription termination.
The Company may terminate a Subscription without prior notice in the event of the Subscriber’s non-compliance with contractual obligations as defined in these GTUS, without prejudice to any actions the Company may take. The Company also reserves the right to terminate the Subscription if the planned service cannot be executed properly (for example, invalid email or email protection blocking the Site’s newsletters).
Article 13: Minimum Service Guarantee for Subscriptions in the Event of Publication Cessation
By accepting these GTUS, the Subscriber acknowledges full awareness that Subscriptions with a commitment period offer a minimum number of Contents greater than one during the Subscription period. The guaranteed minimum number of Site Contents during each Subscription period is therefore at least one.
Thus, in the event of the Site’s cessation of publication or shutdown for any reason, subscribers who have benefited from this minimum guarantee may not claim any refund or compensation.
Article 14: Product Conformity – Legal Warranties
In accordance with Articles L. 224-25-12 et seq. of the Consumer Code, Users subscribing to a Subscription that includes digital Products and Content accessible on the Site may benefit from the legal conformity warranty for the provision of digital content and services.
14.1 Legal Conformity Warranty
The Company is obligated to provide digital content or service in conformity with the description provided by the Company in the commercial offer, and suited to the expected use.
For continuous provision of digital Products and Content, such as a Subscription with access to digital format Products and/or the Site, the User has coverage throughout the duration of the Products and digital Content provision.
The User may request the Company, free of charge, to bring Products and digital Content into conformity, failing which they may request a price reduction or cancel their Subscription. The User has the right to suspend payment of all or part of the price until the Company complies with the conformity of the Products and digital Content.
The Company may refuse to bring the Product into conformity if it proves impossible or would result in disproportionate costs, considering the importance of the non-conformity and the value of the Products and digital Content without non-conformity. If the Company does not meet these conditions, the User may, after a formal notice, demand the requested conformity by law.
The Company will promptly refund any amounts owed to the User, at the latest within fourteen (14) days following the User’s decision to exercise their right to a price reduction or Subscription cancellation. Unless otherwise agreed by the User, and provided no additional cost is incurred, the Company will process the refund using the same payment method used by the User for the Subscription.
14.2 Legal Warranty Implementation
To request the implementation of the above-mentioned legal warranties, the User is invited to contact Customer Service by email or mail or via the contact form accessible from their client area.
Article 15: Company Liability
The Company makes no guarantee as to the reliability of all information and other data provided on the Site, whether provided by the Company, its partners, or any third party, except for commercial offers.
Consequently, all information and other data appearing on the Site, apart from commercial offers, are provided solely for informational purposes and/or may represent the opinions of their authors. The provision of information cannot, in any case, be construed as advice or assistance in decision-making. The User therefore acknowledges that they interpret and/or use this information and data at their own risk.
Products and Content offered by the Company comply with current French legislation.
The Company cannot be held liable if the applicable laws are violated in countries outside France where the Content is viewed, if applicable. It is therefore understood that it is the User’s responsibility to check with competent local authorities regarding the possible use of viewed Content.
The Company cannot be held responsible for any damages that may result from the use of the information and other data available on the Site.
The Company’s liability is strictly limited to the Content it manages. It can, under no circumstances, be held responsible for services offered by third parties, such as advertisements displayed on the Site, derived products or events, payment providers, or URLs directing to third-party products or services.
The Company is not liable for the contributions of Users, as these are the responsibility of their authors, and the Company is not obligated to carry out any prior control or moderation.
For Content for which the Company acts as host, the Company is only required to remove such Content from the Site after a notification of its illegal or harmful nature.
The Company cannot be held responsible for failure to meet obligations due to User fault, accident, force majeure as recognized by law or courts, including but not limited to cases of war, riot, insurrection, strike, shortage, fire, earthquake, storm, severe weather, flooding, breakdowns, or any event preventing the proper performance of obligations.
The Site is accessible 24/7 except in cases of force majeure or events beyond the Company’s control and subject to necessary maintenance or update operations.
The Company is not liable for the characteristics and operation of the User’s computer or telephone equipment, browser, telecommunications network, or any other technical means chosen to access the Site. The User is responsible for ensuring their equipment’s technical specifications allow access and use of the Site.
The Company makes its best effort to allow and secure access, consultation, and use of the Site. However, the User acknowledges the characteristics and limitations of the internet and therefore acknowledges that the Company cannot be held liable in the following cases:
• Temporary interruptions necessary for Site development, maintenance, or, more generally, updates of certain Site files;
• Operational difficulties or temporary interruptions of the Site beyond the Company’s control, particularly if telecommunications or power services are interrupted;
• Network failures or malfunctions when transmitting messages or documents;
• Risk of data and equipment exposure due to internet usage (potential viruses, hacking, etc.).
Article 16: Intellectual Property
16.1 Intellectual Property on the Site
The Company is the exclusive owner or rights holder of all intellectual property elements comprising its Products, Content, and Site, including the Site structure, layout, and Content.
These GTUS and Subscription to the Products do not grant any transfer of intellectual property rights to the User over these elements.
Under French and international intellectual property laws, the User agrees not to reproduce (for any use other than private), photocopy, scan, sell, distribute, broadcast, rebroadcast, network, adapt, modify, translate, publish, or communicate the intellectual property elements, whether partially or fully, without prior written authorization from the Company.
Use of intellectual property elements is only allowed without the Company’s prior authorization as per intellectual property law exceptions, namely:
• Copies or reproductions reserved strictly for private, non-commercial use;
• Private, free performances exclusively within family settings.
Any other use of intellectual property elements without prior authorization from the Company is unlawful and constitutes infringement.
The Company reserves the right to implement any technical solutions to limit User reproduction and distribution of its content.
According to Article L. 335-2 of the Intellectual Property Code (IPC), any reproduction contrary to copyright laws, whether of written or other printed works, “is an infringement.” Moreover, “any infringement is a criminal offense.” In France, infringing works published in France or abroad carries a penalty of three years in prison and a €300,000 fine, with penalties increasing to seven years and €750,000 if committed by organized groups.
16.2 Intellectual Property Relating to Tasting Notes, Ratings on a Scale of 100, and Use of the “La Tulipe Rouge” Trademark
Any networking, rebroadcasting, or professional/commercial use of the Content with third parties, regardless of format, is strictly prohibited without prior authorization from the Company. This applies equally to RSS feeds and newsletters. Parties interested in professionally or commercially using Content, particularly RSS feeds, are invited to contact the Company by email or via the contact form.
However, for Subscriptions reserved for Professionals, the rights to “use the results” are explicitly mentioned at the time of subscribing to the corresponding offer. In this case only, the Company authorizes, except for any commercial sale, networking, rebroadcasting, and professional or commercial use of Content limited to the “tasting note,” “rating out of 100,” and the “La Tulipe Rouge” logo with third parties in digital form.
The Professional Subscription is strictly for Professionals: winemakers, wine merchants, cooperative cellars, wine and spirits vendors, sales agents, importers/exporters in wine and spirits, sommeliers, restaurateurs, hoteliers, journalists, influencers, general or specialized media across all platforms, online sales sites, tasting clubs, and generally any profession related to wine production, marketing, or communication interested in utilizing the tasting note, rating on a scale of 100, and the “La Tulipe Rouge” logo or other Site Content.
Article 17: Site Usage
The User agrees to use the Site according to common internet standards and rules. Specifically, the User will refrain from uploading data that would or could alter Site content, appearance, or organization, in any way. Additionally, the User agrees to:
• Respect applicable laws, regulations, public order, and good morals;
• Avoid uploading or transmitting elements that incite discrimination or hatred towards any person/group based on political opinions, origin, ethnicity, nationality, race, religion, or sexual orientation;
• Not interfere with or disrupt the Site’s functioning or related servers/networks, especially regarding their functioning, security, or integrity;
• Avoid spreading viruses, inserting computer bugs, or exploiting vulnerabilities to gain access to protected Site data;
• Report any security flaw found on the Site to the Company immediately;
• Not collect, store, or distribute Site content to third parties;
• Avoid posting, storing, or transmitting any promotional or advertising content, commercial solicitations, or any small ads;
• Not infringe upon the rights of third parties;
• Refrain from posting or sharing copyrighted content unless authorized by the copyright owner, with proof if required;
• Avoid collecting, storing, or sharing a third party’s personal data;
• Abstain from harassing, denigrating, or insulting a third party in any form.
Using the Site requires the User’s full acceptance of these general terms and conditions.
Article 18: Site Comments
The Site may enable Users to publish comments. In such cases, Users agree to follow Site usage rules as described, particularly in Article 21 above. The Company alone determines if a User adheres to these provisions and reserves the right to censor comments that violate them or to temporarily or permanently revoke a User’s ability to comment.
The Company reserves the right to use an automated or human moderation system for Site comments. However, the User remains fully responsible for the content of their comments and any resulting consequences.
Article 19: Data Protection, Privacy, and Cookies
In using the Site, the Company may collect and process the User's personal data in compliance with French laws on data protection, including the amended French Data Protection Act of January 6, 1978, and the General Data Protection Regulation (EU) 2016/679 (GDPR).
The Company practices a data protection and cookies policy detailed in documents titled "Personal Data," which the User is invited to review by clicking the Site footer links labeled "Personal Data."
Article 20: General Provisions – Mediation – Governing Law – Jurisdiction
These GTUS reflect the Parties’ full obligations and are governed by French law.
If one or more provisions of these GTUS are found invalid under applicable law, regulation, or by a final court ruling, the remaining clauses remain enforceable.
In case of a complaint, the User/Subscriber may contact the Company’s Customer Service, which will seek to find an amicable resolution.
If this approach fails, in accordance with consumer law, the User may access free mediation services provided by the Centre de Médiation et d'Arbitrage de Paris (CMAP), accessible via www.cmap.fr or by mail at CMAP – 39 avenue Franklin D. Roosevelt – 75008 Paris. This service is reserved for consumers as defined by applicable texts.
If amicable resolution proves impossible, any dispute regarding the validity, interpretation, or performance of these GTUS will be subject to the jurisdiction of French courts. The competent court is that of the defendant's domicile or, at the plaintiff's choice, the jurisdiction of service performance or the jurisdiction of the party's domicile at the contract conclusion or damage occurrence.