The present General terms of sale apply, without limitation nor reserve for all the sales concluded by the SASU MATHUGS (" the Seller ") with consumers and with not professional and professional buyers (" The Customers or the Customer "), wishing to acquire products proposed in the sale (" Products ") by the Seller on the web site AU-DROIT-DE-BOUCHON.COM.
They apply to the particulars of the conditions of order, payment, delivery and management of the possible returns of Products ordered by The Customers. Products for sale on the web site AU-DROIT-DE-BOUCHON.COM are the following ones:
- High quality wines, grands crus, champagnes, spirits, vintages and anniversary vintages…
The main characteristics of the Products are featured on the site AU-DROIT-DE-BOUCHON.COM.
The Customer has to acquaint with it before ordering.
The choice and the purchase of a Product is of the sole responsibility of the Customer.
Photos and graphics presented on the web site AU-DROIT-DE-BOUCHON.COM are not contractual and does not engage the responsibility of the Seller.
The Customer must refer to the description of every Product to know the properties and the essential particularities.
Notes, information, comments and appreciations on wines are given only for informational purposes and do not engage the responsibility of the Seller, the Customer having to make his own appreciation.
The offers of Products get on while stocks last, as specified during the order.
The address and phone number of the Seller:
29 BIS RUE DE LA GARE
The present General terms of sale apply except for any other conditions, in particular those applicable for sales in store or by means of other networks of distribution and marketing.
These General terms of sale are accessible at any time on the web site AU-DROIT-DE-BOUCHON.COM and will prevail, where necessary, on different versions or any other contradictory document.
These General terms of sale which can be the object of later modifications, the version applicable to the purchase of the Customer is the one current on the web site on the date of order.
Unless proved otherwise, the data registered in the computer system of the Seller establish the proof of all the transactions concluded with the Customer. The modifications of these General terms of sale are opposable to the users of the web site AU-DROIT-DE-BOUCHON.COM as from their on-line publishing and cannot apply to the transactions concluded before.
According to the law °78-17, 1978, the Customer has, at any time, a right of access, of rectification, and of opposition to all personal data by writing by mail and proving his identity, to SASU MATHUGS 29BIS RUE DE LA GARE 59134 BEAUCAMPS-LIGNY.
The validation of the order by the Customer is worth acceptance without limitation nor reserve of the present General terms of sale.
The Customer recognizes to have the capacity required to contract and acquire Products proposed on the web site AU-DROIT-DE-BOUCHON.COM.
It is reminded that provisions of the article L 3342-1 of the Public health code forbid the sale of alcohol to minors of eighteen (18) years. The Customer certifies and makes a commitment, by validating his order, to be eighteen (18) or older on the order date.
Products presented on the web site AU-DROIT-DE-BOUCHON.COM are on sale in the territory of Metropolitan France, DOM, the French overseas territories, the countries of the European Union and the countries outside of the European Union.
In case of order towards a country other than metropolitan France, the Customer is considered the importer of one or several concerned Products and obliges to respect the legislation and the regulations applicable to the country of destination.
The orders are exclusively operated on the web site AU-DROIT-DE-BOUCHON.COM and while stocks last.
The contractual information is presented in French and is the object of a confirmation at the latest at the time of the validation of the order by the Customer.
The offers of Products are valid as long as they are visible on the site, while stocks last.
Texts and photos presented are given only for information purposes and do not establish a contractual commitment guaranteeing a similarity completed between the presented product and the ordered product.
The recording of an order on the site AU-DROIT-DE-BOUCHON.COM is realized when the Customer accepts the present general terms of sale by checking the box planned for that purpose and validates his order.
Any order done on the website AU-DROIT-DE-BOUCHON.COM establishes the formation of a contract concluded at a distance between the Customer and the Seller.
The data communicated by the Customer and recorded by the web site AU-DROIT-DE-BOUCHON.COM on the occasion of the order establishes the proof of the transaction and it is the sole responsibility of the Customer to provide exact information. The computer system recording of the Seller is considered as being proof of the nature and the contents of the order.
The Customer has the possibility of verifying the detail of his order, the total price and of correcting possible errors before confirming his acceptance.
This validation involves the acceptance of the entire present general terms of sale and establish a proof of the sale contract.
The Seller does not have authority to sell Products on the web site AU-DROIT-DE-BOUCHON.COM to professionals, but only to consumers or to non-professionals, for their personal needs.
No quantity minimum for order is required. On the other hand, the Seller reserves the right to refuse the orders of the same Product in important quantities and containing more than 12 bottles. No modification of the order is authorized.
The sale is considered as definitive after the sending to the Customer of the confirmation of the acceptance of the order by the Seller by e-mail and after the perfect collection by the latter of the complete the price.
The Seller makes a commitment to treat the orders and to send them to the provider in charge of the delivery within 24 hours of the confirmation of the order which will beforehand have been sent to the Customer.
The Seller reserves the right to cancel or to refuse any order of a Customer with whom there would be a dispute concerning the payment of a previous order or still if the order on hand was not entirely adjusted.
The Customer can follow the evolution of his order on the web site AU-DROIT-DE-BOUCHON.COM.
An e-mail and/or a SMS will be sent to the Customer to inform him about the follow-up of the evolution of its order and about its shipping which corresponds to the delivery of parcel for the provider in charge of the delivery.
Products are supplied at the current price appearing on the web site AU-DROIT-DE-BOUCHON.COM during the recording of the order by the Seller. The prices are expressed in Euros, HT and TTC.
Price lists consider possible reductions which would be granted by the Seller on the web site AU-DROIT-DE-BOUCHON.COM
These price lists are firm and not revisable during their period of validity, such as indicated on the web site AU-DROIT-DE-BOUCHON.COM, the Seller reserving the right, except for this period of validity, to modify the prices at any time.
They do not include the transport costs and delivery, which are charged in supplement, in the conditions indicated on the web site AU-DROIT-DE-BOUCHON.COM and calculated before the signing of the order.
It is reminded that for all the Products sent except European Union, FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES and Corsica, the price will be calculated exclusive of tax automatically on the invoice. The Customer obliges to deal personally with customs duties, excises or other local taxes either import duties or taxes of state susceptible to be due in the country of destination.
All the orders are assured for their real value of Products (excluding charges of transport and delivery).
The payment asked from the Customer corresponds to the total amount of the purchase, including these expenses.
An invoice is established by the Seller and the discount for the Customer during the reception of the payment delivery of the ordered Products.
The Seller reserves the right to cancel or to suspend any management of order, to fulfill quite order and any delivery in case of non-payment (nonpayment or delay in payment).
The Customer obliges to make available to the carrier and to the Seller elements necessary for the good routing of the order.
The Seller can ask to the Customer to send him by Fax or by e-mail a copy of its ID card, passport …, a proof of address or quite different further information.
The price is payable in cash, altogether in the day of the signing of the order by the Customer, by secure payment, according to the following modalities:
- By bank cards: visa, MasterCard, other credit cards
- By bank transfer, which has to be done within 72 hours after validation of the order, in defect the order will be cancelled if the Seller wishes so.
The data of payment are exchanged in coded mode thanks to the 3D protocol SECURE
In case of credit card payment, the debit of the card is made at the time of the signing of the order.
The Seller will not have to proceed to the delivery of Products ordered by the Customer if this one does not pay him the price altogether in the conditions above indicated. Payments made by the Customer will be considered definitive only after actual collection of the due sums, by the Seller.
The ordered Products will be delivered, except particular case (ex: bottles in casket requiring several parcel) or unavailability of one or several Products and subject to the perfect collection of the price, at one time, to the address indicated by the Customer during his order on the web site AU-DROIT-DE-BOUCHON.COM, to the choice of the Customer in metropolitan France:
1) outside metropolitan France, worth knowing for Corsica, FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES, Europe and rest of the world, according to the deadlines of the Customer of chosen transport, the country of destination and customs formalities appearing on the picture of pricing made available by the Seller on the site AU-DROIT-DU-BOUCHON.COM
The deliveries are made from Monday to Friday.
Whatever is the place of delivery, this one is established by the transfer to the Customer of the physical ownership or the control of the Product.
The Seller makes a commitment to make its best efforts so that the ordered products are delivered within the deadlines above specified, which are mentioned for informational purposes.
However, if the ordered Products were not delivered within thirty ( 30 ) days after the indicative date of delivery, for any other reason out of control of the Seller or the fault of the Client, the sale can be reimbursed in the written demand of the Customer in the conditions planned to articles L 216-2, L 216-3, L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in fourteen ( 14 ) days which follow the date of termination(denunciation) of the contract, with the exception of any compensation or restraint.
In spite of the great care by which the Seller takes in the packaging of Products, the Customer has to verify the state of Products at the time of their delivery and to sign the delivery slip presented by the provider operating the delivery, any useful reserves the state of the parcel. Failing that, the parcel will be considered as conforming to standards.
The Customer has forty eight ( 48 ) hours from the delivery to formulateby registered letter with acknowledgement of receipt, any reserves, anomalies or complaints for non-compliance or visible defect of the delivered Products, with all the documentary evidences relative to it (copy of the delivery slip and the order form, the photos timestamped by one or several Products) with the Seller,.
After this deadline, and for lack of having respected these formalities, Products will be considered corresponding and exempt from any visible defect and no complaint can be validly accepted by the Seller.
Subject to availability, the Seller will replace and if not, will pay off as soon as possible and at its expenses, the delivered Products among which the defects of conformity or the visible or hidden defects will duly have been proved by the Customer, in the conditions planned to articles L 217-4 and following ones of the Code of the consumption and those planned in the present General terms of sale.
It was nevertheless advisable that no refund or replacement will be operated by the Seller in the following cases:
- Open bottle, the responsibility falling to the property or to the trader indicated as embouteilleur,
- Old vintage having undergone a seepage during the transport,
- Inappropriate taste, label, ruffle or damaged, dented, old-looking capsule.
Ownership transfer of the Products of the Seller will be realized from acceptance of the order by the Seller, realizing the agreement of the parties on the thing and on the price and what whatever is the date of the payment and the delivery. On the other hand, Products travel at the risks and the dangers of the Customer.
According to the current legal requirements, the Customer has a deadline of fourteen ( 14 ) days as from the reception of the Product to exercise his right to withdraw with the Seller, without having to prove motives or to pay of penalty, at the end of exchange or refund(repayment), provided that Products are returned in their original packing and in perfect condition in fourteen ( 14 ) days following the notification to the Seller of the decision of retraction of the Customer.
The returns are to be made in their home state and complete (packaging, accessories, note) allowing their deliver on the market, accompanied with the invoice.
The damaged, dirty or incomplete Products are not taken back.
The right to withdraw can be exercised on-line, by means of the form of retraction available on the web site of the Seller, to which case an acknowledgement of receipt on a sustainable support will immediately be communicated to the Customer by the Seller, or of any other statement, divested of ambiguity, expressing the will to retract.
In case of exercise of the right to withdraw for the above-mentioned deadline, only the price of one or several bought Products and the expenses of delivery are paid off; the expenses of return staying chargeable to the Customer.
The exchange (subject to availability) or the refund will be made within fourteen ( 14 ) days as from the reception, by the Seller, Products were returned by the Customer to the conditions planned in the present article.
SECTION 8 Responsibility of the Seller - Legal guarantee of conformity - Latent defects
Products sold on the website of the Seller and the sale of Products on the site of the Seller are in accordance with the regulations in force in France.
It is up to the Customer to make sure of the regulations in force in the country of destination of Products.
Products supplied by the Seller benefit by rights and without complementary payment, independently of the right to withdraw, according to the legal requirements,
- Of the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding with order,
- the legal guarantee against the latent defects resulting from a defect of material, from design or from manufacturing affecting the delivered products and making them unfit for the use, in the conditions and according to the modalities aimed below.
It is reminded that within the framework of the legal guarantee of conformity, the Customer benefits from a deadline of two years as from the delivery of the good to act against the Seller; he can choose between the repair or the replacement of the commanded Product, subject to the conditions of cost planned by the article L 217-9 of the Code of the consumption; it is dispensed of bringing back the proof of the existence of the defect of conformity of the Product during six months following the delivery of the Product. This deadline is carried in 24 months as from March 18th, 2016, safe for the second-hand properties.
The legal guarantee of conformity applies independently of the commercial guarantee which can possibly cover the Product. The Customer can decide to implement the guarantee against the hidden defects Produced according to the article 1641 of the Civil code; in this case, he can choose between the resolution of the sale or the reduction of the sale price according to 1644 of the Civil code.
To assert his rights, the Customer will have to inform the Seller, in writing, about the non-compliance of Products for a maximum two ( 2 ) days as from the delivery of Products or the existence of the latent defects for the deadlines above aimed and return the defective Products to the state in which they were received with all the elements (accessories, packaging).
Subject to availability, the Seller will replace and if not, will reimburse Products considered not corresponding or defective.
Forwarding charges will be paid off based on the charged price list and the expenses of return will be paid off on production of documentary evidences.
Abseiling of legal requirements applicable to the consumer
Section L217-4 of the Consumer Code
The seller must deliver the good in compliance with the contract and answers for any defects of conformity existing during the delivery. He also answers for any defects of conformity resulting from the packaging, the assembling instructions or the installation when this one was under his/her responsibility.
Section L217-5 of the Consumer Code
The good follows the contract:
1 ° If it is peculiar to the use usually expected from the similar good and, if necessary:
- If it corresponds to the description given by the seller and possesses the qualities which this one presented to the buyer in the form of sample or of model;
- If it presents the qualities for which a buyer can legally wait in consideration of the statements
- If it presents the qualities for which a buyer can legally wait in consideration of the public statements made by the seller, by the producer or by his representative, in particular in the advertising or the labeling;
2 ° Or if it presents the characteristics defined by agreement by the parties or is peculiar to any special use looked for by the buyer, notified to the seller and that the latter accepted.
Section L217-12 of the Consumer Code
The action resulting from the defect of conformity lapses by two years as from the delivery of the good.
Section L217-16 of the Code Civil
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or during the repair of the good furnish, a restoration covered by the guarantee, any period of fixed asset of at least seven days comes to be added to the duration of the guarantee which remained to run.
This period runs as from the request of intervention of the buyer or the provision for repair of the good in cause, if this provision is later at the request of intervention.
Section 1641 of the Code Civil
The seller is kept of the guarantee at the rate of the defects hidden from the sold thing which make it unfit for the use for which we intend it, or which decrease so much this use, that the buyer would not have acquired it, or would not have given only a lesser price, if he had known them.
Section 1648 asterisk 1 of the Code Civil
The action resulting from crippling defects must be instituted by the buyer within two years as from the discovery of the defect. In the case planned by the article 1642-1, the action must be introduced, hardly of debarment, in the year which follows the date in which the seller can be released from the defects or the visible defects of conformity.
It was advisable that the responsibility of the Seller could not be committed in the following cases:
- Failure to respect the legislation, the regulations or of quite standards of the country in which products are delivered, relative to the consumption, the purchase, the import / export which it is up to the Customer to verify and to respect,
- In case of misuse, of use for professional purposes, negligence on behalf of the Customer, of accident or of force majeure,
- Open bottle or not, the responsibility falling to the property or to the trader appointed as embouteilleur,
- Old vintage having undergone a seepage during the transport of quality wine : inappropriate taste,
- State and quality of bottles: label, ruffle or damaged, dented, old-looking capsule,
- In a general way the descriptions of bottles and wines relative to the general state of the bottle, the contained quantities, the quality of wines, notes, information, comments, appreciations which remain given for information purposes to the Customer.
The Customer is informed that the sale of alcohol is forbidden to the minors under age 18. The Customer makes a statement to be over 18 years in the order date.
The alcohol is dangerous for the health and it is recommended to consume it in moderation.
The Customer obliges to respect the laws, the payments or the all kinds current standards in France or in quite different country of delivery, relative to the consumption, the purchase, the import / export, the resale of alcoholic products.
Besides the Customer is informed that the possible expenses, the taxes, the customs duties, the excises or all other rights of all kinds susceptible to be owed in case of delivery in a country Outside the European Union are not included in the sale price and are in the exclusive load(responsibility) of the Customer which declares to deal personally with it.
In law enforcement 78-17 of January 6th, 1978, it is reminded that the name specific data which are asked to the Customer are necessary for the treatment of its order and for the issuing of invoices.
These data can be communicated to the possible partners of the Seller in charge of the execution, the treatment, the management and the payment of the orders.
The treatment of the information communicated through the web site AU-DROIT-DE-BOUCHON.COM was the object of a declaration with the CNIL.
The Customer has, according to the current national and European regulations of a permanent access right, a modification, a rectification and an opposition about the information concerning him.
This right can be exercised in the conditions and according to the modalities defined on the web site AU-DROIT-DE-BOUCHON.COM.
The contents of the web site AU-DROIT-DE-BOUCHON.COM are the property of the Seller and his partners and is protected by the French and international laws relative to the intellectual property.
Any total or partial reproduction of these contents is strictly forbidden and may establish an offence of imitation.
Besides, The Seller remains an owner of all the intellectual property rights on photos, displays, studies, drawings, models, prototypes, etc., realized (even at the request of the Customer) with the aim of the supply of the Services to the Customer. The Customer thus refrains himself from any reproduction or from exploitation the studies, the drawings, the models and the prototypes, etc., without the express, written and preliminary authorization of the Seller which can condition her in a financial counterparty.
The present General terms of sale exclude expressly the legal system of the lack of foresight planned in the article 1195 of the Civil code for all the sale transactions of the Products of the Seller to the Customer. The Seller and the Customer thus give up each to take advantage= of provisions of the article 1195 of the Civil code and of the regime of the lack of foresight which is planned there, making a commitment to accept its obligations even if the contractual balance is upset by circumstances which were unpredictable during the conclusion of the sale, even though their execution would turn out excessively expensive and to support all the economic and financial consequences.
The Part victim of the failure can, in case of non-fulfillment of any of the obligations falling to the other Part, ask for the resolution of the contract according to the modalities defined in the article "Resolution of contract".
Contrary to reserves of the article 1221 of the Civilian codes, the party in his obligations, the victim of the failure cannot ask for the please that in compartment of breach of either execution of has writ in kind.
By express dispensation reserves of the article 1222 of the Civilian codes, in compartment of breach of either party in his obligations, the victim of the failure cannot, execute himself the obligation by has third, at the expense of the failing Leave. The creditor of the obligation can however ask in justice that the failing Part moves forward the sums necessary for this execution.
The Parties cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, such as described in the present ensues from a case of absolute necessity, in the sense of the article 1218 of the Civil code.
The party noticing the event will immediately have to inform the other party of its impossibility to execute its service and to justify itself with this one. The suspension of the obligations can be on no account a cause of responsibility for non-execution of the obligation in cause or infer the payment of damages or late charges.
The execution of the obligation is suspended during all the duration of the force majeure if it is temporary and does not exceed a duration of thirty ( 30 ) days. Consequently, from the disappearance of the cause of the suspension of their mutual obligations, the parties will make all their efforts to resume as fast as possible the normal execution of their contractual obligations. For that purpose, the prevented party will warn other one of the resumptions of its obligation by registered letter with request of acknowledgement of receipt or any extrajudicial document. If the hindrance is definitive or exceeds a duration of thirty ( 30 ) days, the present will be purely and simply resolved.
16-1- Settlement/withdrawal of force majeure
It was expressly advisable that the parties can solve by rights the present contract, without warning, nor formality in case of event of force majeure the hindrance of which is definitive or exceeds a duration of thirty ( 30 ) days.
16-2 - Resolution for breach of a party in its obligations
In case of failure to respect by one or other of the parties in the following obligations:
- Non-payment by the Customer,
- no supply of elements of information by the Customer,
- no delivery of Products in thirty days thirty (30) days after the indicative date of delivery.
The contract can be solved according to the injured party.
It is expressly understood that this resolution for breach of a party in its obligations will take place by rights, the formal demand resulting only because of the non-fulfillment of the obligation, without warning, nor execution of formalities.
The present general terms of sale and the operations which result from it are governed and subjected to the French law.
The present general terms of sale are drafted in French language. In case they would be translated into one or several foreign languages, only the French text would be valid in case of dispute.
All the disputes to which the operations of purchase and sale concluded in application of the present general terms of sale could give rise, concerning so much their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have been able to be resolved between the seller and the customer will be subjected to the competent courts in the conditions of common law.
The Customer is informed that he can resort in any case to a conventional mediation, in particular with the Commission of the mediation of the consumption or with the existing sectorial authorities of mediation, and the references of which represent on the web site AU-DROIT-DE-BOUCHON.COM or in any alternative mode of dispute settlement (Conciliation, for example) in case of contesting.
The Customer is informed that the Seller adhered in the service of the center of mediation and cyber-services MEDICYS, remaining in 73 Boulevard of Clichy-75009 Paris-http://www.medicys.fr The mediator can be seized with any dispute concerning the consumer law. Before the court referral of the mediator, the Customer must get closer to the customer service AU-DROIT-DE-BOUCHON.COM.
If a solution cannot be found between the Seller and the Customer, the latter can seize the mediator. The modalities of court referral of the Mediator are specified at the following address: http://www.medicys.fr/conso/mode-demplois/.
An online settlement platform of the disputes was organized by the European Commission accessible to the following address: http://ec.europa.eu/consumers/odr.
The fact for the Customer to order on the web site AU-DROIT-DE-BOUCHON.COM takes full and whole acceptance of the present General terms of sale and the obligation in the payment of the ordered Products, what is expressly recognized by the Customer, what gives up taking advantage of any contradictory document, which would be non-invokable to the Seller.