Centre de ressources

Terms and Conditions

 

General Terms of Use

These Terms of Use (general and specific) were posted on January 25, 2018 and supersede all prior versions of the Terms of Use for the transactional sites that are owned by Alfred Technologies inc., hereinafter referred to as Alfred. They immediately apply to new users of Alfred.vin and related applications.

Introduction

This contract comes into effect upon its acceptance. When you open an Alfred account, you agree to these Terms of Service by checking the appropriate boxes that confirm that you have read and agree to the Terms of Service.

Scope

Before becoming a user of Alfred, you must read and accept all the terms and conditions contained in and related to these Terms of Use; the availability and use of certain websites, services, applications and tools may be governed by additional or different terms and conditions. Your access to and the use of such sites, services, applications and tools are subject to any applicable terms, conditions, agreements or policies.

Legal age

Since alcohol is not a product like any other, we must enforce the law relating to the marketing of alcoholic beverages. This requires that we make every effort to ensure that our products are sold to persons aged 18 or over. In order to purchase through Alfred, you must agree to Alfred’s Terms of Sale. Buyer must be eighteen (18) years of age or older. 155 / 5 000 Résultats de traduction According to section 103.9 of the Liquor Offenses Act, a minor cannot purchase liquor for himself or others.

Username and password

To access your Alfred account, you must use your username and password. You assume full responsibility for all use, and misuse, of your username and password, and for all activities that occur under the use of your username. and your password. For security reasons, you are required to keep your username and password confidential and not to disclose them to anyone, or allow anyone else to use them, except to a authorized representative of Alfred.

Alfred recommends that you choose a password known only to you that will not be easily guessed by other people. You should change your password regularly, and always log out at the end of each session.

Accuracy of information

We rely on the information you provide on this website, including registration information (name and email address), payment information (credit card number and expiration date), and transaction information to be true, accurate, current and complete. You are responsible for immediately updating your registration information and payment information, if any, and you will be solely responsible for any loss, damage, and additional costs that you, we, or anyone else may incur as a result of your providing incorrect, inaccurate, or incomplete information. You agree to maintain and provide accurate and accurate information about your name and address in the relevant section of the site.

Alfred’s usage

By using or accessing Alfred websites, services, applications and tools, you agree not to:

  • Post, while using our websites or services, inappropriate content or products;
  • Break any laws, contravene the rights of third parties or our policies and regulations;
  • Use our websites, services, apps, or tools if you are under the legal age, unable to legally enter into contracts, or if use of our websites, services, our applications or our tools is temporarily or permanently prohibited for you;
  • Be in default of payment for the products you have purchased;
  • Fail to deliver products purchased from you, unless the buyer fails to comply with the published terms or we are unable to contact the buyer to complete the transaction;
  • Manipulate the price of a product;
  • Circumvent or manipulate our pricing structure, billing process, or fees and commissions due to Alfred;
  • Post content that violates or contravenes the law, that is false, inaccurate or misleading;
  • Opt out of any Alfred policy or decision regarding your account status, such as temporary or permanent suspensions, or other holds or restrictions affecting your account;
  • In any way transfer any Alfred account application or your Alfred account (including reviews) and your username to any third party without our consent;
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • Distribute viruses or any other technology that may harm Alfred or the interests or property of Alfred users;
  • Reproduce, perform, publish, distribute, reverse engineer or prepare derivative works of content that is owned by Alfred, or licensed to Alfred, or that originates from the Services and is owned by another user of Alfred or a third party, including any work protected by any copyright, trademark, patent or other intellectual property right, except as expressly authorized by Alfred or by any other party holding the rights to grant a license for use;
  • Market any application or any Alfred information or software associated with such application;
  • Collect information about users, including their email addresses, without their consent;
  • Bypass any technical measures we use to provide our services.

If we believe that you are using Alfred in any abusive manner, we may, in our sole discretion and without limiting our other available appeals: limit or suspend access to your account and our services, or terminate your account; delay or remove hosted content; remove any special status associated with your account; remove and downgrade your listings; decrease or remove any discounts; and take technical and legal steps to prevent you from using our services.

We may cancel unconfirmed accounts or accounts that have been inactive for an extended period of time, or modify or discontinue offering Alfred Websites or Services. In addition, we reserve the right to refuse or terminate our services to anyone, for any reason, and in our sole discretion.

Withholdings

As a safeguard against liability, Alfred has at times requested and may continue to request that Stripe and its other financial partners withhold Seller funds based on certain factors, including, but not limited to, historical sales and seller performance.

Cross-border trade

Buyers and sellers residing in other countries can access many of our websites, services, applications and tools. If you reside in Quebec, our agreement with the SAQ authorizes us to conduct sales only in Quebec between Alfred members.

Fees and currencies

Unless otherwise stated, all fees are quoted in Canadian dollars.

Authorization to call or send you text messages/recording of phone calls

You agree to receive text messages or calls, automatic or not, to the telephone number that you have provided to us or that we have otherwise obtained. Such calls and text messages may be used to: (i) communicate with you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) claim any amount due; (v) obtain your opinion through surveys or questionnaires; (vi) send you offers and promotions; where (vii) as necessary to maintain your account or enforce these Terms of Use, our policies, applicable laws, or any other agreement we have with you. Standard call or text message charges may apply.

We may share your telephone numbers with service providers (such as Stripe or billing or collection agencies) with whom we have an agreement to assist us in enforcing our rights or fulfilling our obligations under these Terms of Use, our policies, applicable law, or any other agreement we have with you. You agree that such service providers may also communicate with you, by means of text messages or auto-recorded or pre-recorded calls only with our authorization for the purpose of performing the functions described above and not for their own purposes.

Alfred may, without further notice or warning, and in its discretion, monitor or record telephone conversations that you, or anyone acting on your behalf, have with Alfred or its agents for quality control and training, or for his own protection.

Privacy of others and marketing

In the exceptional case where Alfred sends you information about another user, you agree to use said information only for the purposes for which you received it. You may not disclose, sell, rent, or distribute information about a user to any third party for any purpose not related to the Services. In addition, you may not use the information for advertising purposes, whether electronically or otherwise, unless you obtain the consent of the user in question to do so.

Content

When you transmit content to us or post content using our services, applications and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable (to multiple third parties) right to exercise any and all copyright, trademark, publicity database rights and any other intellectual property rights you may have in the Content in any medium now known or hereafter developed, and you waive, to the fullest extent permitted by applicable law, all moral rights and agree not to assert against us, our authorized sub-users or our assignees, any such rights or any other intellectual property or publicity rights.

You acknowledge and warrant that none of the following infringes any of the rights set forth in the preceding paragraph: your provision of Content to Alfred, the posting of Content arising from your use of the Services, and the use of such Content (including any derivative works) made in connection with the Services and in accordance with these Terms of Use, by us, our users and our contracting parties.

We strive to provide reliable data, however, we cannot promise that information of any kind will always be accurate and up-to-date, and you agree not to hold the content providers of these catalogs or us responsible for any inaccuracies that may appear.

Notice of Alleged Intellectual Property and Copyright Infringement

We respond to allegations of intellectual property infringement under Canadian law.

Responsability

Alfred shall not be liable for any damages arising from any delay or failure to perform its obligations if the delay or failure is attributable directly or indirectly to an event beyond its reasonable control including, but not limited to i) an act of nature, (ii) a natural disaster, iii) an act of war, insurrection and terrorism, (iv) a strike, lockout or labor dispute, (v) an ordinance or regulation of the Government; or (vi) a shortage of products, labor or transportation.

Disclaimer of warranties and limitation of liability (Web Platform)

We strive to ensure the security and proper functioning of Alfred and its websites, services, applications and tools. However, we recognize that we cannot guarantee the continued operation or access to our websites, services, applications or tools. We further acknowledge that technical problems and numerous factors beyond our control may affect the operation of or access to our websites, services, applications or tools. Updates and information functions of Alfred’s applications may not be in real time. The performance of such functions may be delayed for a variety of reasons including, but not limited to, delays due to your location or the operation of your wireless service provider’s network. You agree that your use of our websites, services, applications and tools is at your own risk, and that they are made available to you « AS IS » and « AS AVAILABLE ». Therefore, to the extent permitted by applicable law, we exclude all warranties and conditions, express or implied, including, but not limited to, implied warranties of merchantability, fitting for a particular purpose and non-infringement.

In addition, to the extent permitted by applicable law, Alfred (including its respective officers, directors, agents and employees) is not responsible for, and you agree not to hold us liable for, any loss or damage (such as, but not limited to, loss of money, goodwill or reputation, profits or other intangible losses) or any special or consequential damages, attributable directly or indirectly to the following factors:

  • Your use of or inability to use our websites, services, applications and tools;
  • Delays or interruptions in the operation of our websites, services, applications and tools;
  • Viruses or other malware received by accessing our websites, services, applications or tools or any websites, services, applications or tools linked to our own websites, services, applications or tools;
  • Problems, bugs, errors or inaccuracies of any kind that may be present on our sites, services, applications and tools or in the information and graphics derived from them;
  • Damage to your equipment or loss of data resulting from the use of our websites, services, applications and tools;
  • Content, action or inaction of third parties, including items advertised using our sites, services, applications and tools, reviews submitted by third parties, or destruction of allegedly false items;
  • Temporary suspension of access to your account or any other action taken with respect to your account;
  • The length of time your ad appears in search results, or the manner in which it appears, as defined in the section below entitled « Ad Terms »;
  • Alfred’s decision to stop or withdraw the publication of your products;
  • The need for you to change your practices, content or behavior, or your loss of ability or inability to do business as a result of changes to these Terms of Use or our policies, Alfred reserves the right to change its policies and Terms of Use at any time in accordance with the provisions of these Terms.

To the extent that some jurisdictions do not allow the exclusion of warranties or damages, such provisions may not apply to you.

Any OTR (optimal tasting range), pricing or shipping advice we provide on our websites, services, applications or tools is for informational purposes only and you are always free to not follow it. We do not guarantee that following the advice we give will produce any particular result.

If Alfred is held liable by the court of competent jurisdiction, our liability to you or any third party is limited to the greater of the following amounts: (a) any amount owed under the Alfred Money-Back Guarantee earned by the Buyer and the Seller up to the price at which the Product was sold on (including all applicable sales taxes) as well as the initial shipping costs; (b) the amount of the expenses in dispute, which may not exceed the amount you paid to us in the 12 month period prior to the action for which we are liable; or (c) $100 CAD.

Disclaimer of warranties and limitation of liability (Products)

Except as expressly provided in these terms and conditions, there are no other warranties, representations or agreements with respect to the products ordered. Alfred shall not be liable to you for any indirect, special, consequential, incidental or punitive damages (including, but not limited to, damages due to or relating to delay in delivery or cost of replacement products). In no event shall Alfred’s liability in connection with an order exceed the total amount paid by you for the order. Alfred can stop or suspend, temporarily or permanently, the offer of any product currently available, at any time and without notice.

Exemption from liability

In the event of a dispute with one or more users, you release us (and our officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in connection with such disputes. BY AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY WAIVE ANY STATUTORY OR OTHER PROTECTIONS THAT WOULD IN ANY WAY LIMIT THE SCOPE OF THIS DOCUMENT TO COVER ONLY THOSE CLAIMS IN YOUR FAVOR THAT YOU KNEW OR SUSPECTED EXISTED AT THE TIME YOU AGREED TO THESE TERMS OF USE.

Access and Interference

Our sites contain robot exclusion protocols. Much of the information and content appearing on our Web sites (including applications) are owned exclusively by Alfred or licensed to it by its users or by third parties and are protected by Canadian and international copyright laws. You agree not to use any robot or any other automated means to access our websites for any purpose without the express written consent of Alfred.

In addition, you agree not to do the following:

  • Undertake actions that impose or could impose (in our sole and absolute discretion) an unreasonable or disproportionately large burden on our infrastructure;
  • Copy, reproduce, reverse engineer, modify, distribute or disclose to the public any content (except your personal information) from our websites, services, applications or tools, or produce derivative works thereof, without the express written consent of Alfred and the relevant third party, if any;
  • Interfere or attempt to interfere with the proper working of our websites, services, applications or tools, or any activity conducted on or with our websites, services, applications or tools;
  • Circumvent our robot exclusion headers or other measures used to prevent or restrict access to our websites.

Respect for privacy

We do not sell or rent your personal information to third parties for marketing purposes without your explicit consent. We use your personal information only as described herein and consider the protection of user privacy to be an essential principle of the community. We store and process your personal information on computers that are protected by physical and technological security devices. For an explanation of how we use and protect your personal information, please contact us at: support@alfredsommelier.com. If you do not want your personal information to be used in the manner described herein, please do not use our services.

Compensation

You will indemnify and hold Alfred and our officers, directors, employees and agents harmless from any claim or demand, including reasonable legal fees, made by any third party due to a breach by you of these Terms of Use, or a breach by you arising out of your use of our sites, services, applications or tools, or due to a breach by you of any law or the rights of any third party.

No agency relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.

Notice

Unless explicitly stated otherwise, all legal advice must be given to a lawyer licensed to practice in Quebec. You agree to receive electronic communications from us. We may communicate with you by email at the email address you have provided on your user account. Notice will be deemed to have been given to you 24 hours after the email is sent. We can also send you a legal notice by mail to the street address you provided when you opened your account.

Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SIGNIFICANT IMPACT ON THE MANNER IN WHICH ANY CLAIMS WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED.

If you have a dispute with Alfred, our goal is to offer you a neutral and economical way to resolve it quickly. Accordingly, you and Alfred agree to resolve any claim or issue or question of fairness arising out of these Terms of Use or our services (a  » Claim « ), using any of the mechanisms set forth below or on such terms and conditions as you and we may agree upon in writing. Before resorting to these solutions, we strongly encourage you to contact us directly to reach a settlement through our customer service department. We will consider reasonable requests to resolve disputes through other dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  • Governing Law and Courts – These Terms and Conditions and any dispute or claim by you against Alfred shall be governed in their entirety and in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein. You agree that any claim or dispute between you and Alfred shall be resolved by a court in Quebec, Quebec, unless otherwise agreed by the parties or as described in the Arbitration Option paragraph below. If the subject matter of any such claim or dispute is to be litigated, you agree to submit to the personal jurisdiction of the courts located in the Province of Quebec.
  • Arbitration option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of compensation is less than $15,000 CAD, the party seeking the relief may elect to resolve the dispute economically through binding arbitration without the attendance of witnesses. In this case, the arbitration procedure shall be administered by a recognized alternative dispute resolution intermediary and accepted by both parties. This recognized intermediary in out-of-court settlements must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, or on the basis of written materials only; the method used shall be the choice of the party initiating the arbitration; (b) the arbitration shall not involve the presence of the parties or witnesses unless otherwise agreed by the parties; (c) any decision made by the arbitrator regarding compensation may be confirmed by a court of competent jurisdiction.
  • Improperly Filed Claims – Any claim filed against Alfred shall be resolved in accordance with the provisions of this section on Dispute Resolution. Any claim filed or submitted without complying with the terms of this Dispute Resolution section shall be deemed null and void. If you file a claim that does not comply with the terms of the Dispute Resolution section, Alfred may be reimbursed for legal fees and associated costs up to a maximum of $15,000 CAD, provided that it has notified you in writing of the inadequacy of the filing of the claim and that you have not withdrawn your claim in a timely manner.

Language

Any translation of these Terms of Use and all related documents is intended only to meet local requirements and, in the event of differences in interpretation of the English and French versions, the French version of these Terms of Use and all related documents shall prevail. In the Province of Quebec, the following provisions apply: the parties have required that this Agreement and all documents to which it refers be drawn up and signed in the French language The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in French and English.

Commercial entity

If you create or use an account on behalf of a business entity, you represent that you have the authority to act on behalf of the business entity and to bind the business entity to these Terms of Use. Said account is owned and controlled by the business entity.

 

Special conditions of use

Conditions of purchase and sale

To make a purchase transaction, you must be a qualified Alfred member, that is to say a regular member or a diamond member respecting the conditions and having paid the fees. Non-members and free members cannot buy products on the Alfred.vin platform. With any purchase of $250 or more, you get a free membership for a period of three (3) months. To register or to find out the details of each account category, visit:https://alfredsommelier.com/fr/gestion-de-celliers-et-caves-a-vin/.

Alfred is authorized by the Société des alcools du Québec (SAQ) to act as an agent for the SAQ in order to purchase and sell wine among its members and to ensure the transportation and storage of the wine itself or through partners. The conditions govern the sale by Alfred of products through its application and its website. Unless otherwise indicated, the products offered through Alfred are provided on an « as is » and « as available » basis, without any representation or endorsement and without any warranty other than the « Alfred » warranty. No other warranty is included, express or implied, including but not limited to, the implied warranties of satisfactory quality. Alfred reserves the right to modify the terms and conditions of sale at any time and without notice by posting new conditions on its website at the following address: www.alfred.vin and www.alfredsommelier.com. We suggest that you consult it regularly to be aware of any changes.

It is important to note that we do not transfer legal ownership of the goods from the seller to the buyer. The current law on transfer of ownership in the sale of goods applies to transfers of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

Availability of products

  • The availability of products is not guaranteed and Alfred is not responsible for the unavailability of products. Some products may be available in very limited quantities and customer demand may exceed inventory levels.
  • If Alfred is unable to deliver a product ordered through it, a message will be sent by email, chat or phone to the buyer. In this case, any credit card charges for such products, including shipping charges, will be credited within a reasonable time.
  • Alfred reserves the right to limit the quantities ordered or to withdraw products from sale.
  • Each bottle traded through Alfred must be identified by a label bearing a unique number and a « Datamatrix » type code. This label identifies the product sold to ensure traceability. Labels are available for sale to vendors on the website at www.alfred.vin
  • Only Alfred members can buy and sell wines through Alfred. They are natural and/or legal persons residing in Quebec, who have the right to purchase alcoholic beverages and who have the right to consume them.

Pricing policy

  • All sales are made through Alfred, acting as agent for the Société des alcools du Québec.
  • The prices displayed are the prices set for the sale to Alfred members, plus :
    • Variable costs for handling and transport
    • Applicable sales taxes (GST and QST)
  • All prices are in Canadian dollars.
  • To compensate for unpredictable market fluctuations, Alfred reserves the right to modify the prices of products sold at any time without notice.

Shipping and service costs

  • Alfred delivers exclusively on the territory of Quebec.
  • Most of the time, orders are delivered within 7 working days. These delivery times do not apply to remote areas.
  • Depending on the type of products or the quantities to be delivered, Alfred can offer the buyer adapted delivery methods. The buyer will have to pay the delivery costs associated with his choice.

Payment methods

Payment by credit card is the only way to make online purchases on the Alfred.vin website. We accept the follow credit cards: Visa, MasterCard and American Express. When you enter your credit card information at checkout, you must enter the billing address associated with your credit card.
Transaction management and security is handled entirely by Stripe. Alfred and its partners operate a secure PCI level 1 certified web payment infrastructure. At no time does Alfred have access to the customer’s credit card number directly. All card numbers are encrypted with AES-256.

Sales taxes

All prices of products offered by Alfred are exclusive of taxes. The amounts as well as the GST and QST tax numbers are indicated at the bottom of the invoice.

Refund policy

Alfred does not offer refunds or exchanges.

Incomplete order

It may happen that for reasons beyond our control we cannot deliver a product. If the order is incomplete because a product is missing, Alfred will refund the purchase price of the product in question.

Defective product and warranty

As of January 26, 2018, all wines sold by Alfred are covered by a limited one (1) year renewable« Alfred » quality warranty developed exclusively by Industrielle Alliance Auto et Habitation for Alfred. You can read the conditions of the guarantee by clicking HERE. It is the customer’s responsibility to be aware of the maturity status of the product offered for sale via Alfred. If a bottle is identified as being in decline:

  1. the « Alfred » warranty does not apply
  2. it is likely that it is not good for consumption
  3. it is likely to be put on sale as a collector’s item.

Storage

Alfred is not responsible if the storage time leads to a change in the maturity status of the product and affects its organoleptic quality.

Missing product or broken bottle

If a customer receives an order with a missing product or a broken bottle, they should contact Customer Service immediately. Two options are available:

  • The customer wants the product to be replaced. Alfred will attempt to locate the product or a similar product and have it shipped at no additional cost to the customer;
  • The customer wishes to be refunded. Alfred will reimburse the purchase price of the product through a gift card redeemable for Alfred products and services.

In the case of a broken bottle, the buyer must be able to demonstrate that the bottle was broken during transport.

Operator Information

Alfred is operated by Alfred Technologies inc. The terms of sale described above constitute a contract between the customer and Alfred. These conditions can be modified at any time by Alfred.

Legal address of the operator :

Alfred
Alfred Technologies
125 Boulevard Charest E, 2nd floor
Quebec, Qc,
G1K 3G5

Phone number: 581 701-2020
Email :service@alfred.vin