General sales terms and conditions
GENERAL TERMS AND CONDITIONS OF SALE
(updated the 25th of May, 2022)
Introduction
SAS MAISON WINETED, a simplified joint-stock company with a capital of [91 400] euros, whose registered office is located at: [2 rue Gensan, 33000 Bordeaux], registered in the Bordeaux Trade and Companies Register under the number [895 158 699] (hereinafter the "Seller" or "MAISON WINETED") provides an e-commerce service for the sale of wine available at the following address: [www.maison-wineted.com] (hereinafter the "Site") for consumer customers (hereinafter the "Customer(s)").
The purpose of these general terms and conditions of sale (the "General Terms and Conditions of Sale") is to define the rights and responsibilities of the Seller and the Customer (the "Parties") in connection with the online sale of goods offered by the Seller to the Customer from the Site.
The Customer declares that it has read and accepted these General Terms and Conditions of Sale. In this respect, they are enforceable against the Customer in accordance with the terms of article 1119 of the French Civil Code.
1. Scope of application
These General Terms and Conditions of Sale govern all the responsibilities of the Parties.
They are accessible on the website [www.maison-wineted.com], under the heading "Terms & Conditions" and shall prevail, where applicable, over any other version or any other contradictory document issued by the Seller.
The Seller and the Customer agree that these general terms and conditions exclusively govern their relationship. They will be applicable as soon as they are put online. The Seller reserves the right to modify its general terms and conditions at any time. In the event of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.
If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.
2. Pre-contractual information
Prior to placing an order and entering into a contract, the Customer acknowledges having been informed, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.
The photos shown on the site are provided for illustrative purposes only and have no contractual value.
contractual value. Customers are invited to refer to the description of each product to find out its precise characteristics.
3. Commandes
3.1 Validity of the order
Availability. All offers are valid within the limits of available stocks and according to the conditions indicated on the offer. Any mention of stock on the Site is indicative.
With regard to en primeur wines, the Châteaux are the sole decision-makers with regard to the ageing of their wines, the choice of bottling date and the availability of their wines. Maison Wineted cannot be held responsible for the bottling date or for any decision by the Châteaux not to market the vintage sold as an en primeur.
If a product is unavailable after the order has been placed, the Customer will be informed by e-mail. In this case, Maison Wineted will offer the Customer a refund of the product and the related delivery costs, if these have actually been paid, or an equivalent product. Any complaint relating to the unavailability of a product will not give rise to any compensation or indemnity other than reimbursement or replacement with an equivalent product.
Consumer purchasers. The offers on the www.maison-wineted.com Site are exclusively reserved for "consumer purchasers" within the meaning of the French Consumer Code. A contrario, they are not intended for persons acting on a professional basis or with the intention of reselling the products acquired on the www.maison-wineted.com Site. Maison
Wineted reserves the right to apply restrictions to the quantities available, or even to refuse or cancel an order that is clearly abnormal in the light of the above.
Full price. Orders are confirmed by the dispatch of the invoice but are not final until full payment for the goods has been received. In the event of non-payment of the price within the agreed term, the sale will be cancelled automatically.
3.2. Price
The Seller reserves the right to modify its prices at any time, but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date and except in the case of an obvious error in the display of prices resulting from a computer error. In this case, Maison Wineted may cancel all or part of the order in return for a refund of the products concerned to the Customer. Prices are indicated in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated.
- For orders of wines for delivery, prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products on the Site.
- For 2021 en primeur wine orders, prices do not include VAT.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the sale price of the products.
3.3 Terms and conditions of payment
Unless expressly agreed otherwise between the parties, payment for the goods must be paid in full when the order is placed, either by credit card such as Carte Bleue, American Express, Visa, Eurocard Mastercard, by PayPal, or, with the express prior agreement of Maison Wineted, by transfer to Maison Wineted's bank account.
No postponement of the due date will be possible without the prior consent of Maison Wineted. Any sum not paid on the due date will automatically give rise, without prior notice, to a penalty at the legal interest rate in force.
Any sum not paid on the due date will automatically give rise, without prior notice, to a penalty at the legal interest rate in force.
Deliverable wines
An invoice in Euros, including VAT , will be issued by Maison Wineted and sent by email to the Customer at the billing address indicated when the order was placed. For all orders delivered in a single delivery to an address in mainland France, delivery is free and will be made carriage paid. For all deliveries abroad, i.e. outside mainland France, a contribution to transport costs of an amount that varies according to quantities will be requested, as indicated when the order is placed. Please contact us by email at : contact@mwineted.com.
Wines 2021 en primeur
When placing an order, the Customer will only pay the amount exclusive of tax and delivery costs. This amount corresponds to a deposit and gives rise to the reservation of en primeur wines. Following payment of the deposit, the Customer will receive by e-mail a pro-forma invoice exclusive of VAT to the invoicing address indicated at the time of ordering.
Once the wines have been made available by the Château, which generally takes place within eighteen (18) to twenty-four (24) months following the en primeur sales (for example, for the 2019 vintage, this will be the subject of en primeur sales in the first half of 2020, and will be made available by the Château in the first quarter of 2022), Maison Wineted will send a final invoice to the Customer showing :
- VAT calculated at the rate in force on the date of issue of the final invoice; and
- the delivery charges which the Customer must pay to confirm his/her order.
For all orders delivered in a single delivery to an address in mainland France, delivery is free and will be made carriage paid. For deliveries to French overseas departments and territories or abroad, please contact us by email at the following address: contact@mwineted.com
Once the Site has informed the Customer that the en primeur wines are available, the Customer will have 1 month from the date of issue of the final invoice to pay the VAT and delivery charges.
If the Customer does not come forward or does not make the final payment for his en primeur wines at the end of the thirty-day period, a storage charge of [2.5% of the final invoice, excluding delivery costs] will be applied, as well as late payment penalties at the legal rate in force [increased by fifty percent].
Maison Wineted reserves the right to cancel the order after a period of [three (3) months] without notice from the customer.
In view of the lead times involved in the purchase of en primeur wines, the Customer undertakes to inform Maison Wineted in writing of any change of contact details that may make it impossible to contact him/her. Maison Wineted undertakes to try to contact the Customer by all means at its disposal (post, e-mail, telephone, fax) in order to fulfill orders placed on its website.
4. Deliveries
4.1. Delivery times
Except in cases of Force Majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site, deliveries will be made within a maximum of 30 working days from receipt of full payment of the final invoice.
The delivery times mentioned on the Site, i.e. an average of six days (working days), for wines available for delivery are indicative and, under no circumstances, will a delay in delivery of less than 30 days from receipt of the order or receipt of payment by the Site justify a claim for damages or cancellation of the order by the Customer.
The products are delivered to the address indicated by the Customer on the order form; the Customer must ensure that this address is correct. Any parcel returned to Maison Wineted because of an incorrect or incomplete delivery address will be re-sent at the Customer's expense and Maison Wineted cannot be held responsible for the impossibility of delivering the goods at the required time and place.
The Customer may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form. If the 30-day delivery period is not respected, except in the event of Force Majeure, the Customer may cancel the contract by registered letter with acknowledgement of receipt or by a written document on another durable medium, if, after having enjoined, in the same manner, Maison
Wineted to make the delivery within a reasonable additional period, Maison Wineted has not complied within this period. The contract will be deemed to have been terminated on receipt by Maison Wineted of the letter or written notice informing it of this termination, unless Maison Wineted has performed in the meantime.
The Customer will obtain restitution of his payment, excluding, where applicable, delivery costs already incurred and any other indemnity or damages, at the latest within 14 days of receipt of his request to cancel the contract.
4.2. Receipt of delivery
All goods travel at declared value and are insured against theft and breakage.
On receipt of the goods, it is the recipient's responsibility to check the condition of the goods, their compliance with the order form and to make any necessary observations in the event of breakage, damage or breakage or shortages, by expressing his reservations legibly and comprehensibly on the delivery slip, and within three days (not including public holidays) of receipt, by registered letter with acknowledgement of receipt to the carrier in order to preserve his rights.
Terms such as "subject to reservations" or "subject to unpacking" have no legal value and will not enable the Customer to preserve its rights. In the event that the carrier refuses to wait for the goods to be validated, the Customer will mention on the delivery note "valuable goods, the deliverer has not accepted inspection".
This check is considered to have been carried out once the Customer, or a person authorized by the Customer, has signed the delivery note. Maison Wineted will then be unable to take any claims into account.
In the particular case where the Customer has undertaken to collect the goods himself from Maison Wineted's premises, and if the goods are not collected within a maximum of 2 months of being made available, Maison Wineted will be entitled, at its discretion, to cancel the sale without prior notice or to invoice additional storage costs at the rate of 2.5% of the final invoice, excluding delivery costs, per month of delay.
4.3. Complaints
The Customer must notify Maison Wineted on the day of delivery, or at the latest on the first working day following delivery, of any error in delivery or non-conformity of the products in relation to the information given on the order form.
The claim must be made by email to the following address: contact@mwineted.com using the Returns Form.
Any product to be exchanged must be returned to the Seller in its original packaging to the following address: MAISON WINETED - 2 rue Gensan - 33000 Bordeaux. Maison Wineted will pay the return shipping costs.
Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the Seller, if applicable, from any liability towards the Customer.
4.4 "Mixed" orders
Mixed" orders are orders that include both wines for delivery and en primeur wines. In this case, the wines for delivery are sent according to the conditions set out in paragraph 4.1 "Delivery times" and the en primeur wines are reserved for later dispatch following receipt of full payment of the final invoice (see paragraph "Vins en Primeurs"). It is understood that the Customer will initially pay the delivery charges for the wines to be delivered and will subsequently pay the delivery charges (as well as VAT) for the en primeur wines.
5. Possibility of withdrawal
5.1. Right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) days from the date of delivery of the order to return any item that does not suit him/her or to request an exchange or reimbursement, with the exception of transport costs, which remain at the Customer's expense. In the case of a contract for several goods ordered in a single order and if these goods are delivered separately, the period expires fourteen days after receipt of the last item. For "mixed" orders, receipt of the last item corresponds to receipt of the last deliverable item.
However, products must be returned in their original packaging and in perfect condition within fourteen (14) working days following notification to Maison Wineted of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging preserved, wooden case unopened, label undamaged, etc.) so that they can be sold again, accompanied by the purchase invoice. Bottles and cases that have been damaged, opened, soiled or incomplete will not be taken back.
5.2. Withdrawal procedure
The right of withdrawal may be exercised online, using the returns form available here (withdrawal form below), by e-mail to the following address: [contact@mwineted.com] or by any other means to the following postal address: Maison Wineted, 2 rue gensan, 33 000 Bordeaux. An acknowledgement of receipt on a durable medium will be sent to the Customer.
In the event that the right of withdrawal is exercised within the aforementioned period, at the Customer's discretion, the product(s) purchased (i) will be exchanged or (ii) the price of the product(s) as well as, where applicable, the delivery costs (with the exception of additional delivery costs resulting from the Customer's choice of a delivery method other than the less expensive standard delivery method proposed at the time of ordering) will be reimbursed. The cost of returning the goods is charged to the Customer.
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by Maison Wineted of the products returned by the Customer. The refund will be made by the same means of payment as that used by the Customer for the initial transaction, unless a different means of refund has been agreed between the parties.
5.3. Exceptions to the right of withdrawal
By way of exception, the Customer has no right of withdrawal for the following orders :
- orders for en primeur wines ;
- orders for products that have been personalised or specifically requested by the Customer (special formats, personalised packaging, etc.) ;
- bottles that have been opened by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.
In the event of faulty bottles (corked, defects, etc.), please inform us by e-mail as soon as possible and keep them available. It is imperative that these bottles still contain around 75% of their content with their original corks, as some winegrowers sometimes wish to carry out analyses to find out the causes. We will then get back to you as soon as possible.
6. Force majeure
Any circumstances beyond the control of the Parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the Parties and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Force Majeure means any irresistible event or circumstance, external to the Parties, unforeseeable, unavoidable, beyond the control of the Parties and which cannot be prevented by the Parties, despite all reasonable efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies,
earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the force majeure event lasts for more than six months, these general terms and conditions may be terminated by the injured party.
7. Legal warranties
Legal guarantee of conformity and hidden defects
Maison Wineted guarantees the conformity of the goods to the contract, allowing the Customer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the French Civil Code.
In the event that the legal guarantee of conformity is invoked, please note that :
- The Customer has a period of 2 years from delivery of the goods in which to take action;
- The Customer may choose between repairing or replacing the good, subject to the cost conditions set out in article L. 217-17 of the French Consumer Code;
- The Customer is exempt from having to prove the existence of the lack of conformity of the good during the twenty-four (24) months following delivery of the good;
- The Customer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
8. Protection of minor and alcohol abuse
In accordance with article L.3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited. Access to the Site is therefore reserved for adults. Maison Wineted reserves the right to request any proof of age from the Customer and the Customer undertakes to have reached the age of eighteen on the date of the order.
Alcohol abuse is dangerous for your health. Please drink in moderation. For more information on alcohol consumption, visit www.alcoolinfoservice.fr or call 0 980 980 930 (from 8am to 2am, toll-free).
9. Intellectual Property rights
The content of the Website (technical documents, drawings, photographs, etc.) remains the property of Maison Wineted, the sole owner of the intellectual property rights over this content. Any use or reproduction, even partial, of the Website or its content is strictly prohibited, unless expressly authorized by its author, and may constitute an infringement of copyright.
10. Data protection
The personal data provided by the Customer is required to process his/her order and to draw up invoices.
It may be communicated to the Vendor's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website
www.maison-wineted.com has been declared to the CNIL.
Customers have a permanent right of access, modification, rectification and opposition with regard to information concerning them. This right may be exercised under the terms and conditions defined on the website [www.maison-wineted.com].
For further information, please consult our Personal Data Protection Policy.
11. Partial non-validation
If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope. The Preamble forms an integral part of these General Terms and Conditions of Sale in the same way as each of the Articles.
12. Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.
13. Language of the contract
These general terms and conditions of sale are drawn up in French. If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
14. Amicable agreement and mediation
In the event of a dispute under these general terms and conditions, the Customer is invited to contact Maison Wineted in order to find an amicable solution. If no agreement can be reached, the Customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
15. Applicable law
These general terms and conditions are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the Customer shall first contact the seller to obtain an amicable solution. The competent court will be designated in accordance with the rules of common law.
RETURN FORM
CONDITIONS FOR RETURNING / EXCHANGING PRODUCTS
1. Withdrawal: From the date of receipt of your order from maison-wineted.com, you have a withdrawal period of fourteen (14) days from the date of delivery of the order to return any item that does not suit you or to request an exchange or refund, with the exception of
transport costs, which remain at the customer's expense. From the date of your withdrawal, you then have 14 days to return the product(s) you wish to be refunded or exchanged, together with this form.
2. Non-conforming deliveries: In accordance with our General Terms and Conditions of Sale, in the event of a delivery error or non-conformity of the products in relation to the information on the order form, you must report this anomaly on the day of delivery or no later than the first working day following delivery, in order to obtain an exchange free of charge.
DETAILS OF YOUR ORDER :
Find all the details of your order on your delivery note
NAME:
FIRST NAME:
ADDRESS:
ORDER NO:
ORDER DATE:
DELIVERY DATE:
DETAILS OF PRODUCTS RETURNED :
Reference:
Description:
Quantity:
Reason for return (excluding withdrawal) and details in case of non-conformity:
RETURN ADDRESS
Please return your items to the address below.
Maison Wineted
2 rue GENSAN
33 000 Bordeaux
FRANCE
For more information about our returns policy, please consult our terms and conditions of sale at www.maison-wineted.com
