Caves Ouvertes Vaudoises” terms and conditions of use and sale
1. Acceptance of general terms and conditions and subsequent amendments
These terms and conditions set out the legal conditions under which the Office des Vins Vaudois (hereinafter: the “OVV” or “we”) allows customers (hereinafter: the “Customers” or “you”):
- use the platform accessible at www.mescavesouvertes.ch and www.meineoffenenweinkeller.ch (hereinafter referred to as the “Platform”); and
- acquire access to its “Caves Ouvertes Vaudoises” event, which will take place at the dates and times indicated on the Platform (hereinafter: the “Event”), as well as other services related to the Event, through the Platform or on site on the days of the Event.
By using the Platform, or by registering on the Platform, or by acquiring access to the Event via the Platform or on site on the days of the Event, you acknowledge that you have read and understood these terms and conditions of use and sale (hereinafter referred to as the “T&Cs”) and agree to be bound by them.
The OVV may modify these GTC at any time, at its sole discretion. Such modifications will be immediately published on the Platform. Customers will be informed in advance by e-mail of any substantial changes to the GTC. The modifications will be considered approved if the Customer does not object in writing (at least by e-mail) to the OVV within one month of the modifications.
2. Purchase of a Caves Ouvertes Vaudoises Pass and related services
2.1 General information
The “Pass” is the ticket that gives access to all the partner winegrowers' cellars during the Event, partners whose list is accessible on the Platform (hereinafter: the “Partner Winegrower(s)”). The list of Partner Winemakers may be modified at any time at the sole discretion of the OVV.
The Pass can be purchased by the Customer at a price of CHF 40.00 (forty Swiss francs), all taxes included (hereinafter referred to as the “Price”), either via the Platform or in person at one of the locations provided on-site for this purpose on the days of the Event.
The Pass must be exchanged on the days of the Event for a “Bracelet” at one of the designated locations. The Bracelet gives access to the partner wineries of the Caves Ouvertes Vaudoises on the dates of the Event.
In addition to access to the Event, the purchase of a Pass entitles the Customer to the following related services free of charge (hereinafter referred to as the “Related Services”):
- the Bracelet;
- tasting of wines selected by partner winegrowers, within the limits proposed by the latter at their discretion ;
- a stamped wine glass (hereinafter referred to as the “Glass”) ;
- a voucher worth CHF 20 (twenty Swiss francs), to be used exclusively during the Event, for a minimum purchase of six bottles from a single partner Winemaker (hereinafter referred to as the “Caves Ouvertes Voucher”).
2.2. Buying a Pass via the Platform
2.2.1. Purchasing process and payment
When purchasing a Pass via the Platform, the Customer must provide the following information:
- Name;
- Surname ;
- Email address.
The OVV reserves the right to request any other information required for the delivery of the Pass, the related Services, the Ticket or the Open Cellars Voucher.
By placing an order and paying for it, the Customer makes a purchase offer to the OVV (hereinafter referred to as the “Offer”). The OVV is free to refuse the Offer, without having to give reasons. An e-mail confirming receipt of the Offer is automatically sent to the Customer.
Payment of the Prize may only be made using the payment methods offered on the Platform. The OVV declines all responsibility in the event of malfunction of the payment system.
The Offer is only accepted, and the contract concluded, when the OVV sends the Customer a purchase confirmation by e-mail (hereinafter referred to as the “Purchase Confirmation”).
2.2.2. Delivery of the Transport Pass and the Open Cellars Voucher
If a Pass is purchased via the Platform (see below 0), the Customer will also receive, free of charge and by email :
- one Mobilis public transport day ticket valid for all Mobilis zones per day (one for Saturday, May 18, 2024 and one for Sunday, May 19, 2024) (hereinafter referred to as the “Ticket”). This service is not included with the purchase of a Pass on site (see 2.3 below). Additional conditions relating to the Ticket, in particular as regards its validity and activation, may be set out in the email by which the Ticket is sent to the Customer.
- the Caves Ouvertes voucher.
2.2.3. Removing the Bracelet and Glass
At one of the designated locations on the Platform (hereinafter: the “Designated Locations”) and during opening hours, the Customer will receive the Wristband and Glass, upon presentation of the Pass purchase confirmation (hereinafter: the “Countermark”).
The customer may make a withdrawal for other customers, subject to presentation of the counter mark for each of them.
Without a countermark, no Bracelet or Glass will be delivered to the Customer.
Without a Wristband or Glass, partner Wineries are entitled to refuse service to Customers.
2.3. Buying a Pass on site
2.3.1. Designated locations
Customers can also acquire a Pass on site by visiting the designated Locations indicated on the Platform.
2.3.2. Payment
Pass payment can only be made using the payment methods available on site..
2.3.3. Presentation of Bracelet, Glass and Caves Ouvertes Voucher
Once the Pass has been purchased, the customer receives the wristband, glass and Caves Ouvertes voucher.
2.4. No reimbursement
No Pass purchase will be refunded or credited, either before, during or after the Event, including when the Customer is prevented, for whatever reason, from attending the Event.
2.5. Postponement or cancellation of the Event
2.5.1. Report
The OVV reserves the right to postpone the Event to a later date, without having to justify its decision. In this case, Passes and related Services, as well as any Mobilis Subscription, will be valid for the new dates of the Event.
2.5.2. Cancellation
The OVV reserves the right to cancel the Event, without having to justify its decision. In this case, the customer will be reimbursed the price paid and will not be entitled to claim compensation for any prejudice whatsoever.
2.6. Refusal to consume
The Winegrower partners are free to refuse to serve any Customer who does not meet the legal requirements in this respect, who is intoxicated within the meaning of the Law on Inns and Drinking Places (LADB) or who behaves in any other way that disrupts the conviviality of the Event. Such eventualities do not entitle the Customer to any refund of the Price.
3. Minimum legal age
By using the Platform, or by purchasing a Pass, the Customer guarantees that he/she is of the minimum legal age to purchase and/or consume wine.
Inspections may be carried out at any time by the OVV, as well as by partner winegrowers.
4. Lack of support, maintenance and warranty
The OVV has no obligation to provide support or maintenance services in connection with the operation of the Platform.
The Platform is made available to the Customer on an “as is” basis. The OVV expressly excludes all warranties in respect of it, even implicit, including for the acts of any auxiliaries. In particular, the OVV cannot guarantee that the Platform will meet the Customer's expectations, will be available on an uninterrupted basis, will be free of errors, viruses or other potentially harmful elements.
The OVV expressly reserves the right to cease operation of the Platform and to terminate it at any time without notice.
Despite all the care taken in the creation of the Platform and its regular updating, errors may occur in the information presented. The information contained herein is provided for information purposes only. These, as well as the illustrations and images appearing on the Platform, have no contractual value.
5. Exclusion of liability
To the fullest extent permitted by law, the OVV excludes all warranties and liability in connection with the use of the Platform and the purchase of Passes (and related Services).
No claim for damages may arise from technical failures that exclude or hinder the use of the Platform. Similarly, the OVV is not liable for damage caused by computer viruses and other harmful computer programs, such as malware or spyware.
To the extent permitted by applicable legal provisions, the OVV also excludes all liability for services provided by third parties. Only the third party is liable, and its own terms and conditions apply to the relationship between it and the customer.
6. Data protection
As part of the use of the Platform, and as part of the acquisition of Passes in person, the OVV processes the personal data that the Customer provides and that makes it possible to identify the latter (hereinafter the “Personal Data”).
When the Customer uses the Platform, registers with it, or acquires a Pass, he accepts that the OVV processes the Personal Data exchanged.
The following Personal Data may be processed:
• last name, first name, postal and e-mail addresses, telephone number ;
• information concerning use of the Platform, including username, e-mail address, password ;
• payment details ;
• any other information that the Customer may share with the OVV.
This Personal Data is collected for the purpose of providing the services offered on the Platform and purchasing the Pass on site. Thus, the OVV justifies the processing of this Personal Data on the grounds of its overriding private interest, and more specifically, the performance of the contract between the OVV and the Customer.
The OVV may also communicate the Customer's Personal Data to persons and companies that provide services to the OVV as subcontractors. The Customer acknowledges and accepts that such transfer may be accompanied by a transfer of data abroad, to jurisdictions that do not offer the same level of protection for Personal Data as Switzerland. In such a case, in order to ensure a level of protection for your Personal Data comparable to that prevailing in Switzerland, the OVV will establish standard contractual clauses for the transfer of Personal Data with the subcontractors concerned.
To date, Personal Data will be transferred to the following subcontractors in particular :
- the Pass payment provider: Smeetz SA, Rue de Lausanne 64, 1020 Renens ;
- the entity responsible for the service accessible using the Transport Pass: Mobilis, Communauté tarifaire vaudoise, Chemin du Closel 15, Case postale, 1020 Renens
The grounds on which the OVV justifies the communication of Personal Data to its subcontractors is its overriding private interest in ensuring its activity, and in maintaining and improving the Platform and the services offered to its Customers.
The OVV's subcontractors are subject to an obligation of confidentiality and may only use the Customer's Personal Data in accordance with the OVV's instructions and these general conditions of use and sale.
For the rest, the Customer is required to refer to the privacy policy of said subcontractors for any information in connection with the purpose and scope of the collection of Personal Data by such subcontractors, the further processing and use of such Personal Data by such subcontractors, as well as the rights associated therewith and the configuration possibilities to enable the protection of Personal Data.
In addition, the OVV may use the Customer's Personal Data to propose similar offers in the future and to keep the Customer informed by e-mail or post. The customer may object at any time by sending an e-mail to info[at]vins-vaudois.com. The OVV justifies the processing of personal data for advertising purposes on the basis of the customer's consent.
The Customer has the following rights with respect to his Personal Data: (i) the right to access, update and delete Personal Data; (ii) the right to rectification; (iii) the right to opposition; (iv) the right to limitation of processing; (v) the right to portability of Personal Data; (vi) the right to withdrawal of consent; and (vii) the right to complain to the competent authority. The Customer may assert these rights with the OVV by sending an e-mail to info@vins-vaudois.com. The OVV may ask the Customer to prove his identity before responding to a request based on the aforementioned rights or otherwise related to the Personal Data.
The OVV retains the Customer's Personal Data to the extent required for access to and use of the Platform, as well as the functionalities found on the latter (such as the acquisition of the Pass or subscription to the newsletter), as well as to the extent required for the OVV to comply with its legal obligations, to resolve a dispute, or to execute the agreements that the OVV has concluded and its internal regulations.
7. Intellectual property
All content accessible on the Platform is protected against unauthorized use, in particular by copyright and trademark law.
8. Various
Any invalidity or inapplicability of a provision of the general terms and conditions of use and sale shall not affect the validity of the other provisions. In this case, the invalid provision shall be replaced by another provision with corresponding economic and legal effects.
The OVV may communicate with the Client by e-mail or via other electronic means of communication. The Client agrees to receive such communications in electronic form.
9. Applicable law and jurisdiction
These general terms and conditions of use and sale are subject to Swiss law, with the exclusion of private international law.
Any dispute relating to these general terms and conditions, their existence, validity, interpretation, execution or non-execution, will be exclusively brought before the competent ordinary courts in Lausanne (Switzerland).