Terms and Conditions

Summary of Changes

Application date: September 4, 2026

Purpose: the Sale Period of a Lot is no longer fixed; it may be extended under the terms of Article 1.3.4 — where a bid is placed during the final seconds.
Article 1.3: new ten-tier Bid Increment grid; definition of the Starting Price and of the Bid Steps; introduction of the Extension (cap, knock-on effect on the following lots, tightening of the Bid Increment and impact on the hammer price)
Article 1.14: the time allowed to the Buyer to confirm the proper and conforming receipt of a parcel, before a Seller is paid and with no further recourse for the buyer, is reduced to ten (10) business days.
Article 1.23 (new): how the Max Limit works, confidentiality, exclusivity of the Bid Step, cap, amendment and adjustment to the Reserve Price.
Articles 2.6, 2.9, 3.1 and 3.3: the scope of the Sale Period is clarified, Extensions included.

Application date: January 16, 2026

Addition of the "Security and SCA Consent (Strong Customer Authentication)" section detailing the authorization given to Cavacave to carry out certain actions with the payment provider Mangopay: updating contact information, managing bank details, processing transfers and viewing transactions.
Addition of the user's rights regarding the management of their SCA (Strong Customer Authentication) consent.
Change of Cavacave's registered office address.

Application date: April 10, 2022

Merging into a single document of the "GENERAL TERMS AND CONDITIONS OF ACCESS TO AND USE OF THE WEBSITE" and the "SPECIFIC TERMS OF USE – AUCTION BROKERAGE".
Clarification on the status of sellers, whether they are consumer sellers (individuals) or professionals
The inability of non-professionals (legal entities whose corporate purpose is not the sale of wine) to sell on the platform
Clarification on buyers' rights depending on the nature of the sellers with regard to the French Consumer Code.

The SITE offers Users several Services that require the establishment of general terms of use and of specific terms of use for auction brokerage, as detailed below.

GENERAL TERMS AND CONDITIONS OF ACCESS TO AND USE OF THE WEBSITE

These general terms of use ("GTU") govern access to and use of this website, located at the URL https://www.CAVACAVE.COM, hereinafter referred to as the "SITE", managed and hosted by SAS WINE PROJECT, having its registered office at 151 rue Marcadet – 75018 PARIS (France), registered with the Paris Trade and Companies Register (RCS) under number 793 730 086 ("CAVACAVE.com" or "Cavacave").

You are hereinafter referred to either by the personal pronoun "You" or by the term "User".

Any connection to, use or consultation of the SITE implies that you accept and comply with these general terms of use. Acceptance results from your use of the SITE.

I. DEFINITIONS

Buyer: means a User who purchases one or more Lots through the SITE and who must have the legal age set by their national legislation for the consumption of alcohol;

CAVACAVE.com: has the meaning given in the Preamble hereto;

GTU: has the meaning given in the Preamble hereto;

Order: means any order relating to Lots on the SITE by auction brokerage and/or direct sale;

Content: has the meaning given in Article X;

Consumer: means any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, professional or agricultural activity within the meaning of the Consumer Code;

Lot: means a lot of one or more identical bottles of wine (appellation, estate, vintage) offered for sale on the SITE;

MANGOPAY.com: means the online payment system allowing Users to pay for the Services on the SITE, provided by the electronic money institution MANGOPAY SA, a limited liability company registered in Luxembourg, duly authorized and regulated by the Commission de Surveillance du Secteur Financier of Luxembourg;

Non-Professional: means any legal entity not acting for professional purposes within the meaning of the Consumer Code;

Professional: means any natural or legal person, public or private, acting for purposes falling within the scope of their commercial, industrial, craft, professional or agricultural activity, including when acting in the name or on behalf of another professional within the meaning of the Consumer Code;

SITE: has the meaning given in the Preamble hereto;

Services: has the meaning given in Article IV;

Territory: has the meaning given in Article IX;

User: means any internet user browsing the SITE;

Order Validation: has the meaning given in Article IX;

Seller: means any Consumer and/or Professional User who offers Lots for sale on the SITE. It is specified that Non-Professionals are not authorized to sell on the SITE;

You: has the meaning given in the Preamble hereto;

II. LEGAL AGE FOR THE CONSUMPTION OF ALCOHOL

The SITE offers information and services relating to alcoholic beverages and their sale. You must therefore have the legal age set by your national legislation for the consumption of alcohol in order to create an account on the SITE, to sell and/or to buy on the SITE. If this is not the case, you will not be able to interact with the SITE or with other Users. Identity verification takes place when creating an account, an unavoidable step to access the SITE's features.

In any event, alcohol abuse is dangerous for your health. To be consumed in moderation.

III. ACCESS TO THE SITE

Most of the SITE's content and services are offered in French — automatically translated into English.

This SITE is accessible 24 hours a day, 7 days a week, except in the event of force majeure, acts of third parties and/or maintenance work and interventions necessary for the proper functioning of the SITE. In the event of an interruption, it will be notified by means of a warning appearing on the home page or by any other means.

The SITE cannot be held liable in the event of an interruption of the networks giving access to the SITE, of the total or partial unavailability of the SITE resulting in particular from the telecommunications operator, in the event of a transmission error or of problems relating to the security of transmissions, in the event of a failure of the receiving equipment or of your telephone line.

Access to the SITE requires internet access with sufficient bandwidth and the use of a suitable access terminal (computer or other) (any costs relating to internet access and to the pricing policy of your access provider are at your expense).

CAVACAVE.com is not liable if you are unable to connect due to any technical problem or any problem relating to network congestion or to the use of inappropriate bandwidth.

IV. PURPOSE OF THE SITE

Access to the SITE is free of charge and unlimited in time.

The SITE is a portal site offering:

(i) editorial information on wine, without guarantee of accuracy. The sole purpose of this part is to inform the User, without claiming to be exhaustive or accurate;

(ii) a platform bringing together sellers and buyers of wines and spirits, accessible only after validation of the User's age, allowing brokerage by way of auctions and direct sales;

(iii) an auction brokerage service governed by the specific terms of use for auction brokerage reproduced below, following these GTU;

(iv) introductions to service providers working in the world of the cellar and of wine. (the "Services")

(v) a service for estimating a cellar and/or a cellar list with a view to offering it for sale.

V. DEFINITION OF THE USER

Only persons of legal age are authorized to create an account on the site <www.cavacave.com>, to publish, sell and/or buy Lots.

To publish a listing, comment on an existing listing or contact a User who has published a listing, it is necessary to have previously created an account and to be authenticated therein in order to carry out these interactions.

As this is a community of curious and passionate people, the SITE favors the publication of listings by natural persons, while also welcoming listings from professionals as defined in the introductory Article of the Consumer Code, duly identified as such.

VI. REQUEST FOR AN ESTIMATE OF A CELLAR OR OF A CELLAR LIST

Any authenticated User may, from the https://www.cavacave.com/en/estimate section, submit a file containing the details of a list of wines and/or spirits in order to receive an estimate with a view to offering them for sale.
Where applicable, the SITE provides a template list structure making analysis and estimation easier.
The SITE provides an estimate of the references it is able to identify, within the limits of the most relevant transaction histories on the secondary market, not limited to the SITE's own histories.
The SITE uses its best efforts, without any guarantee as to time frame, to provide an estimate to the person submitting the list.
The SITE reserves the right not to respond to a request for an estimate.
The User will access the results of the estimates from their account in the "My Estimates" section (https://www.cavacave.com/en/user/estimates), grouped by the lists submitted.
The SITE makes it easier to offer the estimated references for sale, through the quick creation of lots to be added to auction catalogs.

The estimates provided by the SITE are given purely for information purposes and on the basis of the data available at the relevant time. They constitute neither an appraisal, nor a promise to purchase, nor a guarantee of a future sale price. Consequently, CAVACAVE cannot be held liable for any errors, inaccuracies or discrepancies between the estimate provided and the actual market value. The methodology, the calculation tools and the results of the estimates remain the exclusive property of CAVACAVE. These results are intended for the User's strictly personal use as part of their consideration of a possible sale and may not be distributed, reproduced or used for any other purpose without CAVACAVE's prior written consent.

VII. CONTENT OF LISTINGS

To publish a listing, the Seller must associate the bottle(s) they are selling with one or more wines appearing in CAVACAVE's database.
Every person contributing to the SITE's content is asked to take care with spelling and syntax in the language used. Cavacave reserves the right to delete content deemed to be of poor quality and to correct errors in appellations. Beyond that, Cavacave does not intervene in the content of listings.
At the Seller's express request, CAVACAVE may enter their listing; it is then sent to them in the form of a text file, faithfully reproduced by Cavacave. This does not entail any control by Cavacave over the content of the listing, which remains the Seller's sole responsibility.
If the Seller's wine is not referenced in the database, the Seller suggests the creation of a new wine reference, which will be validated by Cavacave in order to preserve the quality and uniqueness of the database.
The Seller is invited to publish as complete a listing as possible, in order to increase their chances of finding a buyer for the Lot they are offering for sale and to inform the buyer as fully as possible about the nature and traceability of the Lot offered, without any risk of confusion.
As the SITE is bilingual, the descriptions and the conservation and storage conditions may be written in two languages (French and English); the Seller expressly authorizes Cavacave to translate their listing using automatic translation tools. As a result, Cavacave cannot guarantee the accuracy of the result and cannot be held liable in this respect.
The Seller is responsible for updating their listings, adjusting the quantities available and archiving a listing whose quantities have been sold in full. They must state precisely the fill level of the bottle offered for sale, the condition of the label and of the capsule, the year of acquisition, the purchase price and the purchase channel, insert at least four photographs of their bottle, and an optional free description. They also provide information on the product's storage conditions.
The photographs illustrating the condition of a bottle relate only to that bottle and illustrate the actual condition of the said bottle or of a Lot of strictly identical bottles.
Only wines made and produced by professional producers and covered by a congé (French duty movement document) may be offered for sale.
The publication of a listing is authorized exclusively for original products. The User expressly undertakes not to offer counterfeit goods and accordingly guarantees the origin of the bottles offered.

Under no circumstances does CAVACAVE have control over the editorial content of listings, and it therefore acts as a mere host, within the meaning of the French law of June 21, 2004 on confidence in the digital economy.

VIII. LIABILITIES RELATING TO THE LISTING

The Seller publishing a listing certifies that they are the sole and entire owner of the bottles they are offering for sale.
In accordance with the provisions of the Consumer Code and in particular Article L. 121-2, the offering for sale, by a professional seller within the meaning of the Consumer Code who passes themselves off as a non-professional within the meaning of said Code, is liable to be qualified as a misleading commercial practice and, as such, punishable by up to two years' imprisonment and a fine of 300,000 euros. The amount of the fine may be increased, in proportion to the benefits derived from the offense, to 10% of the average annual turnover, calculated on the three most recent annual turnover figures known at the date of the facts, or to 50% of the expenditure incurred for the advertising or the practice constituting this offense.
Under no circumstances may Cavacave be held liable for false information contained in a listing.
Cavacave cannot be held liable for the quality of the wine contained in the bottles offered for sale.
In the event of an international introduction, the parties are required to complete the declaration formalities and to pay the customs duties in force to the competent authorities.
The Seller and the Buyer agree on a transfer price and choose together the method of transfer. These provisions do not apply to auction sales, which are governed by specific terms of use for brokerage, it being specified that the best bid is not guaranteed to win the Lot even if the reserve price has been reached. In any event, it is recommended that insurance covering the value of the transaction be taken out in connection with a shipment — Cavacave can help the parties organize the shipment under optimal conditions through its network of transport partners.
Any attempt to breach these rules and/or any regulatory or legal provisions will be reported to the competent authorities, without prejudice to the immediate closure of the account.

IX. BRINGING SELLERS AND BUYERS TOGETHER

The SITE allows Sellers of bottles of wine and spirits to be brought together with buyers.

The User declares that they have read these terms before Order Validation. Order Validation therefore constitutes acceptance without restriction or reservation of these terms, applicable to Orders placed with a view to delivery in metropolitan France, including Corsica (the "Territory").

The Buyer and the Seller acknowledge that the validation of the purchase offer by the Buyer, namely the acceptance of the payment of the validated price, creates a legally binding contract between the Buyer and the Seller on the basis of the listing. The Buyer undertakes to pay for the Lots purchased and the Seller undertakes to transfer ownership of the Lots sold. The Buyer and the Seller acknowledge that CAVACAVE does not intervene in the transaction between the Buyer and the Seller and is therefore not a party to this contract. CAVACAVE neither buys, sells nor exchanges any Lot appearing on the SITE. The parties are free to conclude the sale or not once they have been brought together. Shipment is handled by the Seller, CAVACAVE never being in possession or ownership of the bottles. In this respect, CAVACAVE cannot guarantee the quality of the product or its authenticity. The Buyer is informed that, in the event that the Seller is not a professional within the meaning of the Consumer Code, the Buyer will not be able to benefit from the provisions relating to consumer protection.

The SITE makes available to the parties an optional secure payment platform: MANGOPAY.com. Purchases made between Buyers and Sellers without going through the SITE are made at the Users' own risk, and CAVACAVE cannot be held liable for purchases made outside the SITE and declines any liability arising from such purchases. For your security and that of transactions, we invite you not to carry out any transaction outside the SITE.

At the end of the sale, the SITE will offer a system for rating Buyers and Sellers, in order to express their satisfaction with the transaction concluded between them.

Creation of the account:

The User is invited to create an account by providing the following information: account type (individual/professional), username or public pseudonym, email address, telephone number and date of birth. The form is then validated, on the express condition that the User is declared to be of legal age, and the account is created. The User undertakes to provide accurate information.

As an authenticated User, the User can access all the characteristics of their account and edit them. They may subscribe to the newsletter.

Private messaging between registered Users: Only pseudonyms are disclosed to Users. The SITE undertakes never to disclose identities or personal information.

The SITE notifies the Seller of the comments received from other Users by sending an email to the address used when creating the account on the SITE.

Terms of the sale: When the Buyer and the Seller have agreed on the terms of the sale, the sale takes place either through a physical meeting of the parties or through shipment.

In the event of a physical meeting, the SITE does not intervene in the transaction phase.

In the event of shipment, the Buyer and the Seller may decide to use the transaction functions offered by the SITE through its partner MANGOPAY.COM. In this case, the parties accept the general terms of use of MANGOPAY.COM, accessible at the following address: https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_FR.pdf, and undertake to comply with them.

When the Buyer validates the transaction, having taken care to choose the delivery method that suits them from among those offered by the Seller, the amount of the transaction, increased by the service fees, is paid into an "eWallet" of the Buyer dedicated to the order, and the amount of the service fees into the SITE's "eWallet" (the "Order Validation"). Shipping costs, where applicable, are borne by the Buyer.

The Seller has three (3) business days from Order Validation to ship the Lots validated by the Buyer. They undertake to take out insurance at least equal to the value of the Lot concerned by the sale (and, failing that, to refund the price of the transaction if the shipment is defective).

Within three (3) days from the date of shipment of the order, the Buyer is asked to confirm the proper receipt of the Lot purchased. Failing a response on their part within ten (10) business days, the sale is deemed conforming, meaning in particular that the goods received are conforming; the proceeds of this sale become available to the Seller. The amount is transferred from the Buyer's "eWallet" dedicated to this order to the Seller's "eWallet" and may be transferred to their bank account.

If, within fifteen (15) days from the date of shipment of the order, the Buyer has not received the parcel, a dispute is then opened by the sender (the Seller) and by the recipient (the Buyer) with the carrier. The sum remains blocked on the Buyer's "eWallet" dedicated to the order until the dispute is settled.

If the goods received by the Buyer are not in conformity with their description or are damaged, the Buyer is required to inform the SITE and the Seller as soon as possible and to open a dispute with the carrier where applicable.

It should be noted that the regulations aimed at combating money laundering and the financing of terrorism (KYC) require any Seller who is a natural person to provide a complete, legible and valid copy of an identity document, and any Seller who is a legal entity to provide: • a complete, legible and valid identity document of the legal representative, • a K-bis extract less than 3 months old, • dated and signed articles of association, • the list of beneficial owners, dated and signed.

Delivery methods: The Buyer and the Seller agree either on hand delivery — and the related terms — or on delivery by post.

Purchase process: Once the sale has been accepted by the Seller, and the amount secured on the payment platform, the Seller has three (3) business days to proceed with the shipment. Failing this, their listing is automatically unpublished. Payment is triggered within a maximum of ten (10) clear days after the declaration of shipment made by the Seller, subject to the foregoing.
Sellers are paid per Sale and not per Lot or per Buyer.

Handling of complaints: In the event of a dispute between the SITE and a User, we invite you first to contact us at the following address: Wine Project S.A.S 151 rue Marcadet, 75018 PARIS, FRANCE

We will endeavor to reach a satisfactory solution within a reasonable time.

In the event of a dispute between Users, the SITE, given its position as an intermediary, is not intended to intervene. It encourages the Parties to approach one another and reach a negotiated solution. The SITE's only intervention consists in blocking the payment pending a resolution.

Security and SCA Consent (Strong Customer Authentication):

As part of the use of the payment services provided by MANGOPAY.com, and in order to facilitate your transactions and simplify the strong authentication steps (SCA — Strong Customer Authentication) required by the European PSD2 regulation, you authorize Cavacave to carry out, at your request and in your name, the following actions with Mangopay:

Updating your contact information: Modification of your email address, telephone number and legal representative information (for legal entities);
Managing your bank details: Creation, modification and consultation of your bank details (IBAN) registered with Mangopay;
Processing your transfers: Initiation and management of transfers of funds between your Mangopay wallet and your external bank accounts, as well as transfers between users where applicable;
Viewing your financial transactions: Access to your transaction history, wallet balances and information relating to your payment operations on your Mangopay account.

This authorization is given strictly within the framework of the provision of the services offered by the SITE and in compliance with the applicable regulations. It allows Cavacave to act in your name without requiring your strong authentication for each operation, while ensuring the security and compliance of your transactions.

Your rights regarding SCA consent:

You retain at all times the right to view, modify or revoke your consent for all or part of the actions listed above from your personal area, "Payment" section;
Revoking your consent for certain actions may limit your access to certain features of the SITE. In particular:
- Without authorization for transfers and for viewing transactions, you will no longer be able to bid or sell on the platform;
- Without authorization for updating your contact information, any modification of your email, telephone number or legal representative will require strong authentication on your part;
- Without authorization for managing bank accounts, adding or viewing your IBAN will require strong authentication on your part;
You may at any time request information about the use of this authorization by contacting our customer service at info@cavacave.com;
This authorization is revocable at any time, free of charge, from your personal area.

Payment: Payment of the amount due for the transaction is triggered by the Buyer when they validate their order. The amount thus released is transferred from the Buyer's "eWallet" to the Seller's "eWallet". The sum will be released and transferable to the Seller's bank account within a maximum of ten (10) business days from the shipment of the last Lot of a given Sale, provided that no dispute concerning transport and/or the conformity of the product is opened within that period.

CAVACAVE's remuneration: Cavacave is remunerated through the service fees inherent in the publication and maintenance of the SITE and other fees relating to the transaction and invoiced by the parties concerned.

In the case of direct sales, the amount of the service fees is calculated on the basis of the transaction amounts and shared between the Buyer and the Seller.

In the case of auction brokerage activities, the service fees amount to 17% invoiced in addition to the purchase value to the Buyer, on the one hand, and to 5% of the sale amount invoiced to the Seller.

The rate may be adjusted according to the values of the lots transacted.

Where a Seller gives Cavacave a Mandate to publish one or more lots in their name, and entrusts Cavacave with the bottles for photography and shipment to Buyers, Cavacave then invoices a fee of €15 per lot for the creation and management of the lots concerned.

Reminder of the regulations relating to sales: Art. L. 211-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation where the latter was made the seller's responsibility under the contract or was carried out under the seller's responsibility.

Article L. 211-5 of the Consumer Code: To conform to the contract, the goods must:

Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- display the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, by the producer or by their representative, in particular in advertising or labeling;
Or display the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the seller.

Article 1641 of the Civil Code: The seller is bound by a warranty on account of hidden defects in the thing sold that render it unfit for its intended use, or that so impair such use that the buyer would not have acquired it, or would have paid a lower price for it, had they known of them.

X. USERS' OBLIGATIONS

You undertake not to hinder in any way whatsoever the proper functioning of the SITE, in particular not to block or alter the normal flow of data, nor to fraudulently access, disrupt or modify the SITE's information system.
The SITE may include a "forum" area on which you may post content (your "Content"). By providing your Content on the SITE (whether comments, texts, images, sounds, videos, pseudonyms, avatars, etc.), you are bound to comply with the legal and regulatory provisions in force. You warrant in particular that you hold all the necessary rights and authorizations from the rights holders concerned.

It is therefore your responsibility to ensure that the storage and distribution of your content via the SITE do not constitute (i) an infringement of third parties' intellectual property rights (in particular clips, television programs, short, medium and/or feature-length films, animated or not, advertisements, that you have not produced personally or for which you do not hold the necessary authorizations from third parties or collecting societies holding rights therein), (ii) a violation of personal rights (in particular defamation, insults, abuse, etc.) and of the right to privacy, (iii) a breach of public order and public decency (in particular, condoning crimes against humanity, incitement to racial hatred, child pornography, etc.).

By taking part in the forums present on the SITE, by posting opinions, comments, suggestions and content of any kind, you grant a non-exclusive, transferable, free, sub-licensable, worldwide license over all the exploitation rights — including the right of reproduction, the right of representation and the right of adaptation (including by editing and extracts) — attached to your Content, for any type of use.

XI. RIGHT OF WITHDRAWAL

In the case of the purchase of Lots sold by Consumer Sellers, you have no right of withdrawal in respect of the items resulting from this service, in accordance with Articles L221-1 et seq. of the Consumer Code.

In the case of purchases from professional Sellers (within the meaning of the Consumer Code) and in accordance with Articles L221-18 et seq. of the Consumer Code, you have a right of withdrawal within fourteen days from the day of receipt of the goods by you or by a third party, other than the carrier, designated by you.

To exercise the right of withdrawal, you must notify your decision to Cavacave at the following address: SAS WINE PROJECT, having its registered office at 151 rue Marcadet, 75018 PARIS, FRANCE, or by email to info@cavacave.com, by means of an unambiguous statement expressing your intention to withdraw (for example, a letter sent by post, fax or email).

It is for the Buyer to return the Lots to the Seller at the Buyer's expense without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw, in packaging specifically designed for the transport of the Lots, complete and in their original condition and accompanied by proof of purchase or the invoice, insuring this return ad valorem.

Where the right of withdrawal is exercised in accordance with these GTU, Cavacave refunds the Buyer all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which Cavacave is informed of your decision to withdraw.

For contracts for the sale of goods, Cavacave may defer the refund until the Seller has confirmed the proper and conforming receipt of the Lots concerned, or until the Buyer has provided proof of shipment of these Lots, the date used being that of the first of these events.

Cavacave makes this refund using the same means of payment as that used by you for the initial transaction, unless you expressly agree to the use of another means of payment at no cost to the Buyer.

Cavacave is not required to refund additional costs if the Buyer has expressly chosen a delivery method more expensive than the standard delivery method offered by Cavacave.

XII. PRIVACY POLICY AND PROTECTION OF PERSONAL DATA

Our Privacy Policy and Protection of Personal Data is accessible by clicking on the following link: https://www.cavacave.com/en/privacy-policy. It forms an integral part of our general terms of use of the SITE.

Acceptance of our Privacy Policy and Protection of Personal Data is therefore a necessary condition for using this SITE.

Your acceptance results from your use of the SITE.

For any question concerning our Privacy Policy and Protection of Personal Data, please do not hesitate to contact our department responsible for the processing of personal data by email at the following address: info@cavacave.com.

You also authorize the SITE to record and use your image and your statements as part of the Content. You thus accept that your name, capacity and image appear in this Content. Given the community nature of the SITE and out of respect for everyone's sensitivities, it is the User's responsibility to maintain a certain ethic regarding the content and/or comments posted online and, in particular, to refrain from distributing any content that is disparaging, violent or pornographic in nature and, more broadly, contrary to public order and public decency.

Failing this, Your Content will be removed and/or your account deactivated without prior formality. In addition, you will personally incur the criminal penalties specific to the content at issue (imprisonment and fine), in addition to any order to pay damages.

XIII. LIABILITY

CAVACAVE.COM uses its best efforts to provide recent and accurate information and data. CAVACAVE is therefore bound by an obligation of means, and cannot be held liable for (i) the acts and omissions of Users, (ii) the accuracy, completeness or relevance of information established from external sources, in particular the descriptions and photographs of the Lots appearing on the SITE, (iii) the safety, quality and quantity of the Lots that Users sell or buy on the SITE or their conformity with the listing, (iv) any problem concerning transactions within the limits of the foregoing and in particular of the provisions of Article IX above.

We invite you to alert us to any errors or omissions you may detect on our SITE, at the following email address: info@cavacave.com.

Unless otherwise provided and within the limits prescribed by French law, CAVACAVE.COM cannot be held liable for any damage that may be suffered, during a visit to the SITE, by the User's technical environment and in particular their computers, software, network equipment (modems, telephones, etc.) and any other equipment used to access or use the service and/or the information.

CAVACAVE.COM cannot be held liable in the event of misuse of the SITE by the User.

CAVACAVE.COM cannot under any circumstances be held liable for the reliability of data transmission, access times, or any restrictions on access to the internet network or to the networks connected to it.

The use of the internet network does not guarantee the confidentiality of communications; it is your responsibility to take all appropriate measures to protect your own data, tools and equipment.

All information contained on the SITE, data, texts, graphics, images, sounds, videos, etc. are made available to Users for information purposes only. They do not constitute a commercial offer.

XIV. WARRANTIES

Users are informed that, in connection with the sale of alcoholic beverages, the following are given for information purposes only:

The indications concerning the fill levels of wines and spirits;
The condition or absence of capsules and labels.

Cavacave does not guarantee the condition of the bottles and corks or the conformity of the products. The User acknowledges and accepts that the indications shown on the labels and back labels constitute the identification of the beverages and cannot under any circumstances give rise to Cavacave's liability.

The User is informed of and acknowledges that, as Cavacave is not the seller of the Lots, it is not liable for the lack of conformity covered by the legal warranty of conformity referred to in Articles L.217-4 et seq. of the Consumer Code, nor for the hidden defects covered by the warranty against defects in the thing sold under Articles 1641 et seq. of the Code.

XV. INTELLECTUAL PROPERTY

The elements of the SITE (in particular texts, presentations, illustrations, photographs, brochures and catalogs, trademarks, tree structures, etc.) are the exclusive property of CAVACAVE.COM, unless otherwise stated.

You may download, view and print a copy of any content of the SITE solely for non-commercial purposes and exclusively limited to your personal needs.

Any other use is prohibited and constitutes infringement. In particular, you are not authorized to present to the public, reproduce outside the family circle, modify, use elements of the SITE in a derivative work, distribute or sell any content of the SITE, attempt to access the source codes of the SITE or carry out reverse engineering. However, the SITE undertakes to provide you, within a reasonable time, with any element necessary for the interoperability of the SITE upon any reasoned request on your part.

It is in particular strictly prohibited to use or reproduce the name "CAVACAVE.COM" and/or its logo, alone or in association, for any purpose whatsoever, and in particular for advertising purposes, without the prior written consent of CAVACAVE.COM. Likewise, the downloading or any other form of copying of software or information present on the SITE confers no rights over them. It is strictly prohibited to reproduce them (in whole or in part), to transmit them (electronically or in any other way) and to modify them. It is also prohibited to use the SITE for public or commercial purposes without the prior written authorization of CAVACAVE.COM.

In the event of a breach of their obligations by a User, CAVACAVE.COM reserves the right to bring legal action to put an end to such conduct and to seek compensation.

XVI. HYPERTEXT LINKS

This SITE contains in particular information made available by external companies or hypertext links to other sites that have not been developed by CAVACAVE.COM. The existence, on this SITE, of a hypertext link leading to another site does not constitute a validation of that other site or of its content. CAVACAVE.COM therefore assumes no liability for these sites, their content, advertisements, products or services available on or from these sites.

Furthermore, CAVACAVE.COM cannot be held liable for the information, opinions and recommendations made by these third parties. Any link to this SITE must be subject to the express prior authorization of CAVACAVE.COM, which reserves the right to have this link removed at any time.

XVII. REPORTING UNLAWFUL OR INACCURATE CONTENT

Should you wish to report to us the presence on our SITE of erroneous information or of unlawful content, you must provide us with your personal identification data (surname, first name, place of residence, email address), a precise description of the content that you consider erroneous or unlawful, and the reasons. This assumes that you accept the processing by CAVACAVE.COM of the personal data that you send us and, more generally, our Privacy Policy and Protection of Personal Data. We therefore invite you to consult this Policy https://www.cavacave.com/en/privacy-policy to find out your rights, the conditions and purposes of this processing and the conditions of acceptance of this Policy.

CAVACAVE.COM may take appropriate measures if the content is manifestly unlawful under French law.

However, we remind you that reporting unlawful content in order to obtain its removal and/or to stop its distribution, knowing that this information is inaccurate, is punishable under Article 6 para. 4 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy and exposes you to criminal and/or civil proceedings.

XVIII. AMENDMENT OF THE GENERAL TERMS OF USE

We reserve the right to amend these general terms of use, in particular if the SITE were to offer new services or in order to comply with new regulations.

We will inform you of the amendments on the SITE's home page.

They will come into force as from their publication online. If you refuse these amendments, you will no longer be entitled to use the SITE as from the date these amendments take effect.

In the event that a clause hereof is annulled or deemed unwritten by a court decision, the other provisions would remain in force.

XIX. BREACH OF THESE GENERAL TERMS OF USE

The SITE reserves the right to suspend and/or close the account of any User who breaches these general terms of use, without prejudice to any civil or criminal proceedings.

XX. APPLICABLE LAW AND JURISDICTION

These general terms of use are subject to French law.

In the event of a dispute, CAVACAVE.COM and the User will endeavor to find an amicable solution. In the event of legal action relating to any dispute between CAVACAVE.COM and the User concerning the performance hereof, the Paris Judicial Court has exclusive jurisdiction.

SPECIFIC TERMS OF USE – AUCTION BROKERAGE

Purpose

The website, located at the URL https://www.CAVACAVE.COM, hosts an online auction brokerage service (the "Site"). Cavacave is provided by SAS WINE PROJECT, having its registered office at 151 rue Marcadet, 75018 PARIS, FRANCE, registered with the Paris Trade and Companies Register (RCS) under number 793 730 086 ("Cavacave").

Any connection to, use or consultation of the Site by a User implies that the User accepts and complies with the general terms of use of the Site set out above ("GTU"). Acceptance results from their use of the Site.

These Specific Terms of Use for auction brokerage (the "CPU – Auction Brokerage") govern the relations between Cavacave, the Users and the Sellers arising from the use of the online auction brokerage service offered by Cavacave. Cavacave refers the User to the GTU for anything not governed by these CPU – Auction Brokerage. In the event of any contradiction between the GTU and the CPU – Auction Brokerage, the latter prevail over the GTU for the online auction brokerage service offered by Cavacave.

Sellers may publish Lots of bottles (the "Lots"), estimated by Cavacave. The offering for sale lasts six (6) days on average (the "Sale Period"), a period during which Bidders submit their bids.
The Sale Period is not fixed: it is extendable in accordance with Article 1.3.4, any bid placed at the end of the sale pushing back the closing of the Lot. This remote auction brokerage service is governed by Article L. 321-3, paragraph 2, of the French Commercial Code.

Cavacave brings the parties together and does not intervene in the contractual relationship between them; it cannot be held liable in the event of a dispute between Bidders, Buyers and Sellers.

Definitions

Buyer: the Bidder who has won the Lot;

Bid Step: predefined amount at which a bid or a Max Limit may be placed on a Lot, in accordance with the rules of Article 1.3.3;

Cavacave: has the meaning given in the purpose clause hereof;

GTU: has the meaning given in the purpose clause hereof;

CPU – Auction Brokerage: has the meaning given in the purpose clause hereof;

Sale Period: has the meaning given in the purpose clause hereof;

Minimum Bid: the smallest amount that a Bidder may offer on a Lot at a given time, as defined in Article 1.3.3;

Bidder: means a User who takes part, remotely and by electronic means, in the online brokerage auctions organized by a Seller and who must have the legal age set by their national legislation for the consumption of alcohol;

eWallet: has the meaning given in Article 1.8 hereof;
Max Limit: the maximum amount that a Bidder agrees to commit on a Lot and entrusts to Cavacave, in accordance with the terms set out in Article 1.23;

Lot: has the meaning given in the purpose clause hereof;

Starting Price: the initial sale price of a Lot, as defined in Article 1.3.1;

Non-Professional: means any legal entity not acting for professional purposes within the meaning of the Consumer Code;

Bid Increment: price increment between two consecutive Bid Steps, as defined in Article 1.3.2;

Reserve Price: the price set by the Seller below which no sale may be awarded or validated, under the conditions of Articles 1.4 and 2.7;

Extension: the pushing back of the closing of a Lot caused by a bid placed in its final seconds, under the conditions of Article 1.3.4;

Site: has the meaning given in the purpose clause hereof;

User: means any internet user browsing Cavacave's auction brokerage service;

Seller: means any Consumer and/or Professional who offers Lots for sale at auction. It is specified that Non-Professionals are not authorized to sell Lots at auction.

1. Operation of the auction brokerage service

1.1. To bid on a Lot, the User must hold an account on Cavacave. To do so, the User must provide the following information: the account type (Consumer or Professional), a username ("pseudonym"), an email address, their surname and first name, a telephone number and a date of birth.

1.2. The form is then validated, on the express condition that the User is declared to be of legal age. The User undertakes to provide accurate information.

1.3. For each Lot, a Starting Price and a Sale Period are set. Before its expiry, the Bidder may offer a purchase price, which must be higher than the last bid and follow the incremental price logic defined in this Article.

1.3.1. Starting Price. The Starting Price corresponds to 75% of Cavacave's low estimate (Article 2.2), rounded down to the immediately lower Bid Step, with a minimum of five (5) euros. In the absence of any bid, it constitutes the current price.

1.3.2. Bid Increment. The Bid Increment applicable to a Lot is determined by its current price, according to the following grid:

Current price, from €	Up to €	Bid Increment €
1	100	5
101	200	10
201	400	20
401	1,000	40
1,001	2,000	50
2,001	5,000	100
5,001	10,000	200
10,001	24,000	400
24,001	50,000	500
50,001	and above	1,000

The last tier is not capped: above €50,000, the Bid Increment remains €1,000, whatever price the Lot reaches.

1.3.3. Bid Step and Minimum Bid. Only bids corresponding to the Bid Steps (multiples of the applicable Bid Increment) are permitted. The Minimum Bid corresponds initially to the Starting Price, then to the Bid Step immediately above the current best bid.

1.3.4. Extension. The Sale Period of a Lot is extendable. Any bid accepted on a Lot within the last fifteen (15) seconds of its Sale Period triggers an Extension, the effects of which are as follows:

a) the closing of the Lot is pushed back by fifteen (15) seconds. These fifteen seconds are added to the current deadline and are not counted from the moment of the bid: a bid placed twelve seconds before closing leaves twenty-seven seconds, a bid placed two seconds before closing leaves seventeen;

b) the postponement of the closing applies to all the Lots of the same sale whose deadline is the same as or later than that of the extended Lot. The Bidder is informed that the effective closing may therefore differ from the time initially scheduled;

c) each Lot is limited to fifteen (15) Extensions of its own, i.e. a maximum shift of 3 minutes and 45 seconds. Beyond that, bids remain valid but no longer give rise to any further postponement. This cap does not apply to shifts caused by the extension of other Lots of the same sale (point b), which are not capped;

d) the Lot's Bid Increment is tightened, and remains so until the Lot closes — including for bids placed outside the last fifteen seconds and for those that Cavacave places by the effect of a Max Limit as part of automatic bidding. The tightened Bid Increment of a tier is half of its Bid Increment, rounded up to the nearest euro, and may not fall below five (5) euros. It derogates from the grid in Article 1.3.2 and is as follows:

Current price, from €	Up to €	Tightened Bid Increment €
1	100	5
101	200	5
201	400	10
401	1,000	20
1,001	2,000	25
2,001	5,000	50
5,001	10,000	100
10,001	24,000	200
24,001	50,000	250
50,001	and above	500

Any Bid Step established under the standard grid (Article 1.3.2) remains valid within the tightened grid; no existing bid or Max Limit is invalidated by this change of increment;

e) An overall postponement of the sale by Cavacave cancels the Extensions in progress. The deadlines are recalculated, the extension counters reset and the Bid Increment returns to standard. Max Limits are retained; however, any subsequent modification must comply with a valid Bid Step (Article 1.3.3).

1.4. The Seller may set a Reserve Price under the conditions of Article 2.7 below. In this case, any bid of an amount lower than the Reserve Price set by the Seller is recorded, the Bidder is informed of this, but the sale may not be awarded or validated unless accepted by the Seller at the end of the sale.

1.5. A bid made on a Lot may not be cancelled, either by the Bidder who placed it or through the lowering or withdrawal of their Max Limit. The current price of a Lot never goes down. Any cancellation by a Buyer or a Seller gives rise to the invoicing of withdrawal fees.

1.6. At the end of the Sale Period, Extensions included, the Lot is allocated by the Site to the Bidder who placed the best bid, provided that any Reserve Price set by the Seller has been reached. This allocation is made automatically. The Bidder winning the Lot is informed by email and may not refuse the sale.

Where the Reserve Price is not reached, the Lot is not allocated; the Seller retains the option of accepting the best bid received, under the conditions of Article 1.4.

The Seller retains the option not to accept the Bidder so designated. They exercise it by sending Cavacave a reasoned request within 2 hours from the closing of the Lot, through one of the following channels: email to contact@cavacave.com, telephone, or the online chat service accessible from the Site. The request states whether they intend to transfer the Lot to another Bidder, under the conditions of Article 2.10, or to refuse the sale, under those of Article 2.12. Where the request is made by telephone or through the online chat service, Cavacave acknowledges receipt by email, the date used being that on which the request was made. Failing a request within this period, the sale is deemed accepted by the Seller.

1.7. At the end of the Sale Period, the Buyer winning the Lot receives a detailed email summarizing the object of the transaction and the fees due, including Cavacave's commissions under the conditions of Article 3.5 below. Payment is made online via the MangoPay payment solution by credit card or bank transfer.

1.8. The Buyer has three (3) business days from receipt of the invoice, the date shown on the invoice, to pay the amount due, which is credited to a personal digital wallet (called an "eWallet") and then transferred to the Seller's eWallet after deduction of the commissions due to Cavacave.

1.9. When shipping the Lots, the Seller enters the shipping information from their account on the Site (including the carrier's identity, the tracking number and the shipping cost of the Lots) and the Buyer receives an email notification stating the tracking number of this shipment.

1.10. Three (3) days after the Lots are shipped by the Seller, the Buyer receives a request from Cavacave by email to confirm the conforming receipt of the Lot.

1.11. If the Buyer has not received the Lots paid for within one week after receiving confirmation of shipment, they must inform Cavacave as soon as possible in order to open a dispute for which the Seller is responsible. The sum paid then remains blocked on the Seller's eWallet until the dispute is settled.

1.12. If the goods received by the Buyer are not in conformity with their description or are damaged, the Buyer must inform Cavacave and the Seller as soon as possible and open a dispute with the carrier where applicable.

1.13. The Buyer must, on receipt of the Lots, register a reservation with the carrier if they consider that the Lot or Lots are damaged or their contents altered.

1.14. In any event, failing any response from the Buyer after ten (10) business days from the date of shipment by the Seller, the sale is deemed conforming, meaning in particular that the goods received are conforming; the price of this sale becomes available to the Seller, with no further recourse on the part of the Buyer.

1.15. In the event of breakage in transit, the Buyer and the Seller are responsible for approaching the carrier within this same period in order to reach an agreement and to activate the insurance taken out by the Seller or by their shipping agent.

1.16. If the Buyer does not pay the amount due for the sale within the time allowed, they are then automatically in default of payment towards Cavacave and the Seller. From that moment, the Buyer owes Cavacave interest equal to the statutory interest rate. Cavacave may place the debt with a collection agency under the legal conditions if the Buyer, after summons or formal notice, fails to pay the amount due within the time allowed. In such a case, all extrajudicial costs incurred by Cavacave as a result of the late payment are borne by the Buyer. Extrajudicial costs are set in accordance with the Law on the scale of extrajudicial collection costs and amount to at least €40.

1.17. Cavacave may initiate collection proceedings where the Buyer remains silent following the first warning of formal notice.

1.18. The legal costs incurred in connection with the default of payment are borne by the Buyer.

1.19. The Account of a Buyer who is in debt and silent is blocked for purchase and/or sale and may only be reactivated after payment of the fees due.

1.20. Cavacave cannot be required by the Seller to collect the amount due in the event of the Buyer's failure to comply with their payment obligation.

1.21. Cavacave may inform the Seller that it will not proceed with the collection of the sale amount. Only in this case does the Seller have the right to cancel the sale contract without any formal notice being necessary. The cancellation may be decided by the Seller communicating it to Cavacave by email. The cancellation of the sale contract has no effect on the enforceability of the commission owed by the Buyer to Cavacave (17% of the bid amount). In this case, the Buyer also has the obligation, upon cancellation of the sale, to compensate Cavacave for the sale commission lost by Cavacave (5% of the bid amount). The amount due, borne by the Buyer, therefore amounts to 22% of the amount of their unpaid bid.

1.22. In the event of simultaneous bids on the same Lot, bids are processed one by one, in the order in which they arrive on Cavacave's servers. An accepted bid is never invalidated by a competing bid processed after it. A bid whose amount has become insufficient between its submission and its processing, because a competing bid arrived first, is refused immediately and its author is informed of this, together with the new amount of the Minimum Bid.

1.23. Max Limit. The Bidder may set a maximum amount that they agree to pay (Max Limit) instead of following the Minimum Bid. This amount must necessarily correspond to a valid Bid Step (Article 1.3.3).

1.23.1. Cavacave automatically outbids on the Bidder's behalf in order to keep them in the lead, without ever exceeding their Max Limit. The Max Limit is not committed immediately in full: the price paid exceeds the lower step by only one Bid Increment, except where Article 1.23.5 applies. If the Bidder is already in the lead when they place their limit, the current price remains unchanged.

1.23.2. A Max Limit is private: neither its existence nor its amount is disclosed to the other Bidders or to the Seller.

1.23.3. Exclusivity of the step. Two Bidders may not set an identical Max Limit on the same Lot. In the event of a conflict, the system refuses the entry and offers the first free Bid Step immediately above.

1.23.4. Cap. A Max Limit may not exceed one hundred and seventy-five percent (175%) of the higher of the following two amounts: the best bid placed on the Lot, and the high estimate communicated by Cavacave under Article 2.2.

1.23.5. Adjustment to the Reserve Price. If a Max Limit reaches or exceeds a Reserve Price while the current bid is below it, the bid is automatically raised to the exact amount of the Reserve Price. This mechanism derogates from the usual Bid Steps of Article 1.3.3. If the limit is below the Reserve Price, the bid is raised to the Bid Step immediately above the current best bid.

1.23.6. As long as a Bidder's Max Limit remains greater than or equal to the Lot's Minimum Bid, that Bidder may not place a bid on the Lot at the amount of the Minimum Bid: they would be competing with their own Max Limit. They may, however, place a new Max Limit, which replaces the previous one.

2. Sellers' liabilities and obligations

2.1. Online brokerage auctions consist of a series of Lots submitted by Sellers.

2.2. CAVACAVE offers the Seller a low and a high estimate of each Lot on the basis of the photographs and information previously provided by the Seller. The Seller is not bound by these estimates. In any event, and above all, they may not give rise to Cavacave's liability in this respect, as Cavacave does not guarantee the final price.

2.3. The duration of online brokerage auctions is established on the basis of an average of six (6) days. In any event, the exact duration of the online auctions is specified directly on the Site when they open.

2.4. The Seller declares that they have full ownership of the bottles they are offering for sale, that the related taxes and duties have been paid, and that the information provided concerning the Lots offered for sale is truthful.

2.5. Cavacave informs the Seller by email of the offering for sale of their Lots as well as of the closing date of the sale.

2.6. The Seller undertakes to keep the Lots available throughout the Sale Period, Extensions included, and not to sell the Lots offered for sale by any other means or through any other channel during this Sale Period. Any withdrawal of a Lot, initiated by its Seller, whose Sale has begun gives rise to the invoicing of the withdrawal fees set out in Article 2.12.

2.7. The Seller may, for each of their Lots, set a Reserve Price below which no sale may be awarded or validated. This Reserve Price may not exceed the low estimate of the Lot offered.

2.8. The Seller (or their agent) must clearly state, for each Lot, the shipping price according to the predefined zones, on the basis of the suggestions made by the SITE. If they wish, the Seller may choose the hand delivery option to deliver their Lots. In this case, the Seller agrees to travel to the address indicated by the Buyer to hand over their Lot or Lots. A hand delivery certificate is signed by the Buyer and the Seller and sent to Cavacave to evidence the proper delivery by the Seller and the proper receipt by the Buyer of the said Lots.

2.9. Upon expiry of the auction Sale Period, Extensions included, the Seller is informed of all the bids received.

2.10. The Seller is free to transfer their Lots to the Bidder of their choice. Accordingly, the Lots are not necessarily sold to the highest bidder.

2.11. During the online brokerage auction, the Seller is not authorized to make a price offer on their own Lots.

2.12. Should a Seller refuse the sale of one or more of their Lots after they have been put online, they must pay Cavacave the sum of the commissions due by both the Buyer and the Seller, i.e. 22% including tax on the hammer value or on the high estimate if the decision is taken before the end of the sale. The Seller will then owe interest equal to the statutory interest rate. Cavacave may place the debt with a collection agency if the Seller, after summons or formal notice, fails to pay the amount due. In such a case, all extrajudicial costs incurred by Cavacave as a result of the late payment are borne by the Seller. Extrajudicial costs are set in accordance with French legislation on the scale of extrajudicial collection costs and amount to at least the sum of €40.

Cavacave may initiate collection proceedings where the Seller remains silent following the first warning of formal notice.

The legal costs incurred in connection with the default of payment are borne by the Seller.

2.13. When the auction is closed, the Seller (or their agent) is responsible for shipping all the Lots sold. They have 3 (working) days from Cavacave's confirmation of the payment and securing of the funds by the Buyer to carry out this procedure.

2.14. The Seller must take out the necessary insurance relating to the shipment in order to cover, as a minimum, the agreed sale value. Without insurance up to the transacted value, in the event of damage, the refund excluding the Seller's commission (5% of the value) and including the Buyer's commission (17% of the transacted value) is entirely owed to the Buyer by the Seller.

2.15. For the shipment of their Lots, the Seller must use compliant and approved packaging. Failing this, the Seller acknowledges and accepts that the insurance will not be able to compensate them in the event of damage.

2.16. In the event of damage during transport, the full amount paid by the Buyer is refunded to them and the Seller is compensated by the insurance taken out.

2.17. In the event that the Buyer does not comply with their payment obligation, the Seller may under no circumstances turn against Cavacave to claim the sum due.

3. Cavacave's liabilities and remuneration

3.1. Cavacave is responsible for displaying the Lots and the bids available throughout the Sale Period, Extensions included.

3.2. Cavacave is responsible for making available to each party a secure and anonymous means of payment in order to carry out the transaction for the Lots sold.

3.3. The identity of the Buyer is disclosed to the Seller after the closing of the auction, upon expiry of the Sale Period, Extensions included, in order to facilitate the shipment of the Lots.

3.4. Cavacave is a broker and makes available to Users a brokerage auction service for wines and spirits. In this context, Cavacave cannot be held liable for the quality, authenticity, traceability or accuracy of the Lots published on the site.

3.5. Cavacave invoices the use of its service to the Buyer at the rate of 17% added to the sale amount and to the Seller at 5%, deducted from the amount bid by the Buyer.

3.6. The shipping costs invoiced to the Buyer are not subject to Cavacave's commission.

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