We invite you to read carefully the entirety of these General Conditions of Sale which define the terms and conditions under which the Marché aux Vins sells its products and services, as well as the terms and conditions of use of the website www.marcheauxvins.com (below the website).
These general terms and conditions of sale are valid from 9 December 2013.
The Marché aux Vins reserves the right to modify these terms and conditions at any time, without notice, provided that such modifications will not apply to orders previously accepted and confirmed by the Marché aux Vins.
Any customer declares to have the legal capacity in accordance with articles 1124 of the Civil Code and L.3342-1 of the Public Health Code to contract and use the website in accordance with the general conditions of sale and use of the website.
Article 1: Legal notice
www.marcheauxvins.com is a website designed and created by Avril Conseil, 7 rue de l’Hôtel-Dieu – 21200 Beaune
Marché aux Vins Contact : contact@marcheauxvins.com Share capital: 5,000 Euros RCS DIJON 788 871 440 Intra-Community VAT number: FR87788871440
The website is hosted by: Avril Conseil: http://www.avril-conseil.com/ Address: 25B Rue Verrerie, 21000 Dijon
Article 2: Applicability
These General Terms and Conditions of Sale apply to all reservation orders placed through the website, and for all wine or service orders received by fax, by mail or by telephone and whatever the clauses may appear on the documents of the buyer. Our General Terms and Conditions apply to individual customers. The Marché aux Vins reserves the right to refuse wine orders from professionals. The full acceptance of these conditions is materialized by the electronic signature of the user, composed of the validation of a checkbox and the communication of his personal and/or banking details. By express agreement, this electronic signature has the value of a handwritten signature between the parties. Without the customer’s electronic signature, the order cannot be finalized.
Article 3: Payment
The products purchased on the website of the Marché aux Vins are payable in full upon order.Payments are made by credit card (online payment secured by Payline), by bank transfer, by cheque, to the order of Marché aux Vins or in cash at the time of collection on website.
In the absence of a payment within 48 hours of the order date, it will be automatically cancelled by the Marché aux Vins without the customer being able to request any compensation for damage.
WINES ORDER
Article 4: Preparation of the order
The preparation of the order begins when the Marché aux Vins has received the payment and has received all the elements necessary for the proper execution of the contract (contact details of the customer, delivery address, etc.). Until all of these elements have been supplied to the Marché aux Vins, the order will not be processed. In such a case, no delay in delivery could be charged to the Marché aux Vins.
Article 5: Order
Any order will be taken into consideration only after full and unreserved payment and will be confirmed by the Marché aux Vins by email. The Marché aux Vins reserves the right to cancel all orders, non-compliant or doubtful, as well as those from a customer with whom there is any dispute. The Marché aux Vins undertakes to accept orders placed via the Internet under the terms of these general conditions of sale and within the limits of available stocks.
In the event of an accidental stock shortage and to honour an order, the Marché aux Vins will try to replenish similar products in terms of price and quality. The Marché aux Vins is the only judge of the quality of a stock. In the event that the Marché aux Vins does not find a satisfactory stock, the Marché aux Vins will offer either a replacement offer or a full refund of the order by recredit of the payment card used, without the customer being able to claim any damages.
ARTICLE 6: Price and payment conditions
Article 6.1. Prices
The prices of the products, displayed on the website, are those in force on the day of the order and are indicated in euros all taxes included, excluding the cost of the delivery service. Delivery services take into account shipping costs, which may vary depending on the number of products ordered, the country of delivery, the nature of the products and the type of delivery.
Delivery abroad outside the European Community: when the customer validates his delivery information, the prices of the products selected in the basket are then displayed without French tax and include the compulsory delivery insurance.
Transportation and insurance are detailed in the “Total Basket” section.
Article 6.2. Order payment conditions
Payment of the order can be made – by credit card (Carte Bleue, Carte Visa): by indicating directly in the area provided for this purpose, the cardholder, the card number, its expiry date, as well as its control code located on the back of the card (cryptogram). The entire amount of the order will be debited from the bank card on the day of the order. The Marché aux Vins reserves the right to suspend any processing of the order in case of refusal of payment authorization from the customer’s bank. The website allows you to transmit your bank details confidentially and securely, during your order (input secured by SSL encryption) – by bank transfer – by check – in cash, and within the limit of a maximum amount of 3000 €. This method of payment will only be accepted in the case of an on-site withdrawal of the goods.
Article 7 : Validity of offers
The products are offered within the limit of the duration of each sale and within the limit of available stocks. The Marché aux Vins reserves the right to close any sale, at any time without having to justify it and a fortiori in case of exhaustion of the stock.
Article 8 : Delivery
8.1 The Marché aux Vins deliver in metropolitan France (excluding Corsica).
Deliveries outside metropolitan France and in Corsica must be subject to a specific estimate. Logistical or legal constraints associated with certain destinations may require the Marché aux Vins to cancel the order(s) concerned. In such a case, the Marché aux Vins would refund the order to the customer’s payment card account. Delivery times are for information purposes only. If these exceed thirty (30) days for delivery in metropolitan France, from the date of the order, the contract of sale may be terminated and the buyer reimbursed, unless the delivery time exceeded is due to a fault or inaction of the buyer. The order is delivered to the delivery address chosen by the customer. The lack of response from the customer to agree on a delivery date may imply a delivery time that is longer than originally planned. If all or part of the delivery addresses prove to be inaccurate, obliging the Marché aux Vins to return the products, the customer will have to bear the consequences (delivery delay, additional cost related to transport, etc.). We take every precaution to ensure that the wines travel in the best conditions. The risk of loss and deterioration of the products will be transferred when the customer signs the delivery note. THE CUSTOMER IS REQUIRED TO CAREFULLY CHECK HIS PARCELS UPON DELIVERY IN ORDER TO ISSUE IMMEDIATELY AND IN WRITING ANY RESERVATIONS TO THE CARRIER. On delivery, you can refuse the order if it is manifestly non-compliant. Please, report any delivery issues to: contact@marcheauxvins.com
8.2 Local Pickup
The customer can choose to collect his goods directly at the Marché aux Vins: 7 rue de l’Hôtel-Dieu 21200 Beaune.Collection on site
The customer has seven days to collect his orders. After this period, the Marché aux Vins will not be able to guarantee the availability of the ordered goods. In such a case, the Marché aux Vins will refund the customer the amount of his order and inform the customer by email or telephone without the customer being able to request any compensation for damage.
8.3 Orders abroad,
Orders abroad
Delivery abroad is possible and is configured on the Website automatically for certain countries. The delivery conditions are available on the page of the website entitled Home delivery and under “Delivery abroad”.
Please read carefully the delivery conditions for the destination of your order. Acceptance of these general terms and conditions of sale includes acceptance of the terms of delivery of the country concerned and payment at the time of your order, transportation costs, compulsory insurance and any taxes collected by the Marché aux Vins on behalf of the destination state (USA).
Any taxes and customs duties related to the delivery of an item are the responsibility of the Customer. The customer expressly undertakes to pay all these costs before delivery.
Delivery times are indicative and depend on the type of delivery selected by the customer (plane, boat). The Marché aux Vins can in no case be held responsible for a delay of delivery due to a failure of the customer to respond to the requests by email or by any other means of contact of the carrier during the steps of the forwarding of the order and/or customs country concerned for the payment of taxes and duties not included in the delivery offer.
For deliveries to the U.S.A, the consignee must be over 21 years old and an ID will be requested upon delivery.
Article 9 : Right of cancellation
In accordance with the law, you have a withdrawal period of 14 days from the reception of your order to return the unwanted goods to us in its state of delivery at Marché aux Vins 7, rue de l’Hôtel-Dieu 21200 Beaune. Before any return, to notify your decision to withdraw from this contract, please call us at 03.80.25.28.20 or write to us at contact@marcheauxvins.com. You can use the template withdrawal form available here.
The value of the returned goods on the invoice will be refunded to you, including the initial delivery costs, less the value of the preserved goods, and with the exception of the return costs. This refund will be deferred until the recovery of the wines by the Marché aux Vins or on proof of their shipment.
For orders of our rare wines, once the product is shipped, the customer accepts that his right of withdrawal cannot be exercised, given the extremely fragile nature of our wines, and this in accordance with article L121-20-2 which specifies that the right of withdrawal cannot be exercised for contracts whose supplies of goods which, by their nature, are likely to deteriorate.
Article 10 : Retention of title
In accordance with the Law of 1 May 1980, the products delivered to the customer are sold under retention of title. The transfer of ownership is subject to the total payment of the price of the products by the customer, on the due date agreed between the parties. In case of non-payment of the total price of the goods at the agreed maturity, the Marché aux Vins will be able to claim ownership of the products at the expense and risk of the customer, notwithstanding any claim for damages due to the non-payment of the products.
Article 11 : Mentions CNIL Article
11.1: Personal data.
The processing of your personal data (surname, first name, address, e-mail address, telephone number, age, siret number for companies) is necessary for the execution of your order. The management of the commercial relations of the Marché aux Vins with its customers is secure. In accordance with Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms, the consumer has a right of access and rectification with regard to any personal information concerning him. The processing of this information is reported to the CNIL under the number NmQ0673046n. This personal data may be transmitted by Marché aux vins to its partners only in the context of order processing and/or subject to obtaining the prior agreement of the customer. Through us, you can receive proposals from other companies. If you do not wish to do so, simply inform us by email: contact@marcheauxvins.com.
11.2 : Cookies
The Marché aux Vins places a cookie on your computer. This cookie records information about your browsing on our website and stores information that you entered during your visit (nature of the data stored in the cookie). You will not need to enter them again on your next visit. We will be able to consult them on your next visits. The storage time of this information in your computer is: 180 days.
We inform you that you can object to the saving of «cookies» by configuring your browser as follows: For Mozilla firefox: 1. Choose the menu “tool ” then “Options” 2. Click on the icon “privacy” 3. Locate the menu “cookie” and select the options that suit you. For Microsoft Internet Explorer: 1. choose the menu “Tools” then “Internet Options” 2. click the tab “Privacy” 3. select the desired level using the slider.
Article 12 : Guarantees
The Marché aux Vins has set up storage conditions for its wines adapted to the quality of its products. The is bound by the legal guarantee of hidden defects, within the meaning of article 1641 and following of the Civil Code: Beyond the legal deadlines, the company Le Marché aux Vins will no longer be able to guarantee the wines. Any warranty will be excluded in case of misuse, conservation, negligence or maintenance defect on the part of the customer, as in case of normal wear of the property or force majeure. It will be the same if the customer does not demonstrate that he has complied with the conditions of conservation set out below : -in a cellar with a temperature between 10°C and 13°C or 50°F and 55.4°F (average rate over the year of 13°C); -humidity between 70% and 80%; -protected from light and foreign odours.
In case of complaint, and in order to allow the Marché aux Vins to appraise its wines, the customer will have to leave these at the disposal of the Marché aux Vins which will be responsible for their removal, at its expense. Rare wines (regardless of the vintage) and vintages older than ten (10) years are excluded from the guarantee provided for in this article insofar as, being offered for sale solely on the basis of their prestige and reputation, they could not be tasted beforehand by the Marché aux Vins teams.
Article 13 : Responsibility
All the texts and photos presented have only a value of information and are in no case contractual. The products sold by the Marché aux Vins comply with the regulations in force in France. The Marché aux Vins cannot be held liable in case of non-compliance with the legislation of the country in which the products are delivered, which it is the responsibility of the customer to verify.
Article 14 : Force Majeure
The Marché aux Vins will not be liable for the non-performance of any obligation under the present conditions of sale and use, if such non-performance results from a case of force majeure. Any unforeseeable and insurmountable event outside the control of the Marché aux Vins that renders the performance of the obligations of the contract impossible constitutes a case of force majeure.
Article 15 : Use of the website
The website is available on the basis of a service “as is” and is accessible only according to its availability. The Marché aux Vins is in no way liable if, due to the maintenance operations of the websites or for reasons that are independent of it, you cannot access the website, or if this access is interrupted, at any time, or if any defect, independent of its will, prevents an operation from being carried out. The Marché aux Vins does not guarantee that the websites is free of computer viruses or other anomalies beyond its control.
Article 16 : Links to other websites
The website may contain links to other websites owned and operated by third parties. The Marché aux Vins cannot guarantee the lawfulness, accuracy, completeness and quality of the information contained therein. However, the Marché aux Vins undertakes to remove any link to these third-party websites as soon as it becomes aware of their manifestly illegal, inaccurate or inadequate character. The responsibility of the Marché aux Vins is limited to the content displayed on the Marché aux Vins’s website.
Article 17: Refusal of access
The Marché aux Vins reserves the right to refuse you access to the website, in case of fraudulent use or contrary to the conditions of sale and use, at any time and without notice.
Article 18 : Intellectual Property
All content of the website and all related intellectual property rights are the property of the Marché aux Vins, its partners or third party suppliers. The user is not granted any right to the protected contents and the intellectual property rights available on the website. Any unlawful use of all or part of the content of the website and the related intellectual property rights may be the subject of legal proceedings.
Article 19 : law and jurisdiction
In the event of a dispute, the customer will first contact the Marché aux Vins to find an amicable solution. In case of failure of the negotiations, the Court of Dijon will be the only competent court for any dispute arising from the application of these general conditions of sale without exclusion of any referral by the Marché aux Vins of another competent jurisdiction.
Article 20 : Protection of minors and public health
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under eighteen (18) years of age is prohibited. Internet users commit to having completed 18 years of age by visiting www.marcheauxvins.com. In accordance with the provisions of article L3342-1 of the Public Health Code, the Marché aux Vins reserves the right to require the customer to establish proof of his majority.
Alcohol abuse is dangerous for your health. Know how to consume it in moderation.
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