Terms and Conditions | ||||
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Article 1 : Company Wine-beer.fr is a limited liability company whose issued shares value 30000€. WINE&BEER’s headquarters are situated at Route de Caen 14150 Ouistreham, FRANCE. The company’s legal representative is Mrs. Séverine Menon and is registered at the « Registre du Commerce et des Sociétés de Caen » (Commerce and Companies Registrar of Caen) under the account number 452 057 219 :
Site hosted by: Regicom 2 rue Kellermann - 59100 Roubaix - France. Customer Service Contact Details: Email : winebeereshop@gmail.com Téléphone : +33 2 31 74 72 02 Article 2 :Applicability and application of the general terms and conditions of sale: The general terms and conditions of sale presented here apply to every purchase made with the company WINE&BEER via their online shop www.wine-beer.fr or by telephone. To read the applicable terms and conditions, clients can at any time, even before completing a purchase, click on the button “Terms and Condition” that can be found at the footer of most pages of the site. The act of ordering on the site and finalizing a purchase implies the full terms and conditions have been accepted in their entirety and without restrictions by the customer of WINE&BEER. Only by a written agreement stipulated by the two parties agreeing to any special conditions is an acceptable modification of these terms and conditions, without this these terms presented below are enforceable to the full extent of the law and dictate the relationship between WINE&BEER and its customer’s. Offers presented by WINE&BEER are reserved for private individuals and under certain special conditions for groups, societies, or cellar keepers. Before processing payment on the site every customer must also show physical proof of having accepted these terms and conditions, by ticking the check box, found in the basket, confirming that they have read, understood and accept the terms and conditions. Article 3 : Order procedure: All orders are conducted through the site www.wine-beer.fr. The client creates their basket by choosing the number and type of products wanted. Once their choice has been made, they can check and confirm the order and the payment method. After having accepted the general terms and conditions of sale of WINE&BEER, the order will become definitive once the payment has been confirmed. Order confirmation will be sent by WINE&BEER to the client via email once all the relevant security checks have been passed. The payment confirmation service of WINE&BEER has the right to demand of the customer proof of identity and address (proof of incorporation and VAT number for companies) to validate the order. In the case of refusal on the part of the client, or the non-conformity of the proofs WINE&BEER can refuse and cancel the order. For his part the client too has the right to cancel the order at this point if he does not wish to provide the proofs demanded of him. The verification service also has the right to cancel certain orders if it is believed that the orders contain anomalies or irregularities that cast doubt on the veracity of the order (concerns about clients’ identity, irregular account creation etc) A receipt of payment is produced by WINE&BEER and available in the section “My Account” on the site www.wine-beer.fr. At the request of the customer this receipt can be sent to them by email or by letter to their billing address. Products remain the property of WINE&BEER until the full payment of outstanding bills, in conform with the European law n°80 336 of 1st May 1980. The client becomes the owner and fully responsible for the articles ordered at the point of delivery, where the transfer of the physical goods also constitutes transfer of the risk from WINE&BEER to the private individual. Collection of goods. Article 4 : Procedure of Payment
A : Mode of Payment: The payment of orders can be accomplished by bank card, gift card or gift voucher.
Bank card : The following types of cards are accepted: CB, VISA, EUROCARD, MASTERCARD,
Gift Cards and Gift Vouchers : WINE&BEER accepts solely the gift cards and gift vouchers issued by WINE&BEER themselves.
B- PRICES: The price could be indicated in EURO (€) or GBP (£). As the company is based in France, the indicated prices will include the local VAT rate of the country of delivery as well as other taxes. The currency of displayed prices can be changed at any time into EUROS (€).Prices indicated on product pages does not include shipping costs. The price of a product may vary depending on the quantity chosen. Shipping costs will vary according to the mode of transport chosen as well as the country of delivery.
To exercise this right of withdrawal, the client must notify us of their decision to withdraw from the contract by means of a clear statement of intent (e.g. letter sent by post or an e-mail). The client may use the withdrawal form downloadable here, but its use isn’t mandatory. The withdrawal period will be respected, as long as the client transmit their intent to exercise the right of withdrawal before the expiry of the withdrawal period. Withdrawal effects If the client withdraws from the contract, we will refund all payments received from the client, including delivery charges (except any additional charges arising from the choice to withdraw, i.e. return delivery costs, as well as the choice to benefit from delivery methods other than standard delivery) without undue delay and no later than fourteen days from the day we are informed of the decision to withdraw from the contract. We will execute the refund using the same method of payment that was used for the original transaction, unless the client expressly agrees to a different method, in either case, this refund will not result in any charge to the client. We may defer the refund until we receive the merchandise or until the client has provided proof of shipment of the property, whichever comes first. The client must return the property by hand or return it to SAS Wine&Beer Route de Caen 14150 Ouistreham without undue delay and, in any case, no later than fourteen days after having informed us of the decision to withdraw from the contract. This period is deemed to be respected if the client returns the property before the expiry of the fourteen-day period. The client will be responsible for the direct costs of returning the property. The client is liable for the loss of value of the merchandise resulting from all manipulations beyond the handling necessary to see whether the goods are as expected. In the case where certain products have been opened or consumed, WINE&BEER is entitled to deduct the value of these products from the refund made to the buyer. For 1€ spent you will receive one loyalty point, only after a creation of your customer account on our website during the buying process. Article 5 : Stock In the case of a product in an order being out of stock, WINE&BEER will inform the client as soon as possible to allow the customer to choose their preferred course of action:
In the case of a temporary unavailability, the client will also be proposed the additional option to wait for the next date of restocking (which will be indicated to them) and at that point to have their full order shipped.
Article 6 : Commercial Operations and Opportunities: All the commercial operations available via the site www.wine-beer.fr (such as Flash Sales, Bin End Sales, Damaged Labels, winter and summer sales, the ‘Foire aux Vins’ etc. ) are subject to their own particular terms and conditions. In effect these operations can last a certain amount of time or for as long as stock lasts or until a set number of bottles are sold. At the end of the operation the products concerned are susceptible to a change in price. The client can benefit from the offer while it is available however once the operation is terminated WINE&BEER does not have to honour the past offer on any future order.
Article 7 : Right to Retraction : The client has the right to withdraw from this contractual agreement for any reason and without justification within a period of fourteen days. The fourteen days are counted after the day on which the client, or a third party, other than the transporter, designated by the client, physically takes possession of the goods. To exercise this right of withdrawal, the client must notify us of their decision to withdraw from the contract by means of a clear statement of intent (e.g. letter sent by post or an e-mail). The client may use the withdrawal form downloadable here, but its use isn’t mandatory. The withdrawal period will be respected, as long as the client transmit their intent to exercise the right of withdrawal before the expiry of the withdrawal period. Withdrawal effects If the client withdraws from the contract, we will refund all payments received from the client, including delivery charges (except any additional charges arising from the choice to withdraw, i.e. return delivery costs, as well as the choice to benefit from delivery methods other than standard delivery) without undue delay and no later than fourteen days from the day we are informed of the decision to withdraw from the contract. We will execute the refund using the same method of payment that was used for the original transaction, unless the client expressly agrees to a different method, in either case, this refund will not result in any charge to the client. We may defer the refund until we receive the merchandise or until the client has provided proof of shipment of the property, whichever comes first. The client must return the property by hand or return it to SAS Wine&Beer Route de Caen 14150 Ouistreham without undue delay and, in any case, no later than fourteen days after having informed us of the decision to withdraw from the contract. This period is deemed to be respected if the client returns the property before the expiry of the fourteen-day period. The client will be responsible for the direct costs of returning the property. The client is liable for the loss of value of the merchandise resulting from all manipulations beyond the handling necessary to see whether the goods are as expected. In the case where certain products have been opened or consumed, WINE&BEER is entitled to deduct the value of these products from the refund made to the buyer.
Article 8 : Applicable Law and Dispute Resolution: Consumer Mediation Service or Ombudsman: Amiable resolution of disputes between the trader and the consumer conforming to the articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the ‘Code of Consumption’. In the case of unresolved disputes between the trader and the consumer, the consumer has the possibility to implicate the consumer mediation service. Before contacting the consumer mediator the consumer must have already tried to resolve the dispute directly with the trader through a written means of communication or to have made a retraction as per the contract concluded with the trader. Consumer mediation is an out-of-court settlement of consumer disputes. If the conditions are met, a mediation will take place according to a precise process and according to the applicable laws. To contact the consumer mediator/Ombudsman: European online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=UK
Applicable law and competent jurisdiction
Time limits for reimbursement
Article 11 : Protection of minors : The «Code de santé publique » (public health code) specifies that the sale of alcohol to minors under 18 years of age is illegal (modified, see article 93 of the French law HPST). When registering to the site the client must recognize his being an adult and every time he orders must tick the check box confirming his adheral to the terms and conditions and thus re-affirm that he is indeed 18 or over.
Article 12 : Protection of personal information : The site www.wine-beer.fr is implicated in the declaration of the CNIL. Conforming to the French law n° 78-17 6 January 1978 related to the technological domain, in “Filing and Freedom, persons have the right to access, edit or delete the personal information related to them that are stocked by and the responsibility of WINE&BEER. Any client can exercise this right by addressing our customer service department by email at the address winebeereshop@gmail.com or by post. To meet the demands and needs of clients, and to ensure an optimized remote service the company WINE&BEER is obliged to save certain personal information (name, address). This information is destined for use by WINE&BEER only. Payments by bank card are secured by an SSL online payment system. All information pertaining to clients’ banking details that they send to WINE&BEER to complete an order are neither saved nor visible online. WINE&BEER guarantees the confidentiality of this information. See www.winebeer.fr/privacy-and-cookies
Articles 13 : Images Photos, graphics, and illustrations used on the site wwwwinebeer.fr are non-useable. They are the exclusive property of WINE&BEER and are not free use. Images in product descriptions are non-contractual and do not necessarily represent exactly which product packaging will be delivered. The appearance of products can vary depending on availability among other factors.
THE ABUSE OF ALCOHOL IS DANGEROUS
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