Terms of Sales

1. PURPOSE


 1. The purpose of this agreement is to set out the conditions for the distance selling and delivery of the Products (hereinafter "the Products") offered for sale on the website accessible at the address www.prestige-cellar.fr (hereinafter "the Site"), by JACQUES LACOMBE VINS & SPIRITUEUX (hereinafter the "Seller"), a French Société à responsabilité limitée (SARL) (limited liability company) with a capital of 5,000 Euros, registered in DIJON under number D 819 461 591 (Intracommunity VAT no. FR04819461591), the registered office of which is at 36 rue du Faubourg Bretonnière 21200 BEAUNE - FRANCE, represented by Its manager, Mr Williams LACOMBE.
2. Under these terms and conditions, the "Customer" is understood as any natural person or legal entity making a purchase through the Site.
3. Under these terms and conditions, the expression "Day(s) of work" means all the days of the week except for Saturdays, Sundays and public holidays. 
4. The creation of a Customer Account and the placing of an order by the Customer on the Site entails the Customer's unreserved acceptance of these General Terms and Conditions of Sale as well as of the General Terms and Conditions of Use of the Site.
5. In pursuance of article L. 3342-1 of the French Public Health Code which stipulates that the sale of alcohol to persons under the age of eighteen (18) is prohibited, the Customer agrees, in filling in the order form, that he/she is over the age of eighteen (18) at the date of ordering by ticking the relevant box when creating his/her Customer Account.  

2. THE PRODUCTS AND THEIR AVAILABILITY


1. On the Site, the Seller offers the online sale of wines (hereinafter the "Products") exclusively to private individuals over the age of 18 and to legal entities.
The Seller is free to select the Products offered for sale on the Site and reserves the right to change this selection at any time.   
2. Each data sheet for the Products on sale on the Site gives a detailed description of the Product concerned, and in particular of its essential characteristics.   
The photographs and designs reproduced and illustrating the Products are intended to give a representation of the Products as close as possible to the reality, but the Seller cannot exclude some minor differences between these visual displays and the delivered Products, which are not however liable to affect the essential characteristics of the Products.
3. The Seller will endeavour to provide Customers with the best and most reliable Information possible concerning the Products for sale on the Site, but does not guarantee however the completeness of this information, especially considering the age of some of the vintages offered for sale on the Site.
On receipt of the Products, the Customer is invited to read the information given on the label, it being reminded that he is sole responsible for the choice of the Products and their use, including the conditions for their preservation and their consumption.   
5. The offers of Products and price quotations are only valid for as long as they are visible on the Site, and under the conditions of availability provided when the order is placed.  
6. In the event of total or partial, temporary or definitive unavailability of the Product(s) ordered, the Customer will be informed by e-mail as quickly as possible of the possibility of requesting the total or partial cancellation of the order.   
7. Should the Customer wish to cancel all or part of his order, the Seller will make the corresponding refund under the conditions set forth in article 9.


3. ORDER


3.1 CUSTOMER REGISTRATION

1. The placing of an order on the Site is subject to the prior and free creation of a Customer Account on the Site, and the validation of these General Terms and Conditions of Sale and General Terms and Conditions of Use of the Site.
The costs related to the Customer's IT equipment (computer, smartphone, tablet…) and the Customer's connection to the Internet however remain his responsibility.
2. When his Customer Account is created, the Customer agrees to provide accurate and truthful information on his situation and before each new order to duly check his personal data and to make any changes to his Customer Account on line, as appropriate.
The Seller specifically draws the attention of the Customer to the necessity for him to give a valid email address and telephone number.
3. The Customer must have the legal capacity in order to place an order on the Site and in the event of an order placed on behalf of a legal entity, the necessary powers to be entitled to place this order and to commit the aforesaid legal entity under this agreement.  
The Seller shall in no event have the obligation to check the legal capacity of the Customer or the necessary powers of the person placing the order when the Customer is a legal entity.
Therefore, should a Customer not have the legal capacity, but nevertheless order Products on the Site, his legally responsible staff shall assume full responsibility for such order and in particular pay the price thereof.
The same will apply within the scope of orders placed on behalf of a legal entity Customer when the person concerned does not have the necessary powers for committing the aforesaid legal entity, i.e. the Customer will assume the full responsibility for such order and in particular will have the obligation to pay the price thereof.   
4. The Seller reserves the right, at his discretion, to refuse or invalidate a posteriori the registration and order of a Customer whose information might be found to be inaccurate, in particular with regard to his age.   
5. The creation of a Customer Account necessarily entails the choice by the Customer of a password enabling him to have access to his Customer Account and place orders on the Site.
This password can be changed online from his Customer Account.
This password is personal, confidential and non-transferable and the Customer therefore agrees not to give it to any third parties.   
Any access to the Customer's Customer Account by means of his password is deemed to have been made by the Customer.
5. In no event shall the Seller be held responsible for any fraudulent or abnormal use of the Customer's password and/or Customer Account, the Seller reserving the right to temporarily suspend the access to the Customer Account should such uses be noted.
6. The Seller also reserves the use of the Customer's password within the exclusive scope of the technical maintenance of the Site.
Under these conditions, the Seller guarantees that the Customer's password will be kept confidential at all times.  

3.2 ORDER PROCESS

1. The contractual information, as well as the details of the order (price, any discount, characteristics of the Products, quantities, delivery method and times), are set out in a detailed summary before final validation of the Order Form.   
The Customer is Invited to carefully reread the details of his order and to correct any errors It might contain before validating it by clicking on the ORDER button.   
2. Clicking successively on the "ORDER" then "PAY" buttons by means of the selected payment method at the end of the order process (i) formalises the User's acceptance of the content and conditions of the order, (ii) the acceptance of the fact that they entail an obligation to pay the price, (iii) means irrevocable acceptance of these General Terms and Conditions of Sale and (iv) constitutes an electronic signature. It is expressly agreed between the parties that this electronic signature has the same value as a hand-written signature.
This double validation click is also valid as a final consent to enter into an agreement with the Seller for the selected Products, subject to the consumers' right of withdrawal, such as set forth in article 5 hereof.
3. After having validated the order on the Site, the Customer will receive an acknowledgement of receipt from the Seller via e-mail repeating the items on the order (hereinafter the "Order confirmation e-mail"), on condition that the e-mail address given when the Customer Account was created is valid and does not contain any errors.  
The Order confirmation e-mail will constitute the acceptance of the order by the Seller and will thus establish the sales contract between the Customer and the Seller.
It will contain all the constituent elements of the contract signed by the Customer and the Seller (Products ordered, tariffs, price, time and place of delivery or issuance, shipping method and cost, etc. ...), as well as a copy of the version of these general Terms and Conditions of Sale, such as validated by the Customer when validating his order.
4. The Seller further reserves the right not to confirm, to suspend or to cancel the execution of any order, regardless of its stage of completion, for any reason whatsoever, in particular with regard either to the age of the Customer, or to a problem with the availability of the Product, or a problem in connection with the non-payment or partial payment of any amount that might be owing by the Customer or any dispute relating to the payment of a previous order, or also fraud or attempted fraud when using the Site.

3.3 PROOF OF THE ORDER

The computerized records, kept on the Seller's computer systems or those of his sub-contractors, under reasonable conditions of security, will be considered as proof of communication, of the orders and payments made between the Customer and the Seller.
The filing of the Order Forms, order confirmations and invoices is made on a reliable and durable backup media that can be produced by way of proof.   


4. FINANCIAL TERMS


4.1 PRICE

1. The prices of the Products are displayed on the Site, at the Customer's choice, in Euros, incl. taxes (VAT at a rate of 20%), or in Euros excl. taxes. They do not include shipping charges (cost of preparing the order, packaging, transport and insurance), or the bank charges invoiced to the Customer by his bank in the event of payment by bank transfer, which are to be paid exclusively by the Customer. The aforesaid bank and shipping charges are displayed at the end of the order process, in the order summary, and vary depending on the total amount of the order incl. taxes, and the country to which they are to be delivered and the delivery options chosen by the Customer.
The Seller offers free delivery on orders exceeding 300€ excl. taxes for which the delivery address is within a radius of 50 kilometres around BEAUNE (21) in France.
2. When the country to which the Products are to be delivered is a member country of the European Union, the prices of the Products selected by the Customer will be shown in the order summary, including French taxes and the shipping charges, such as set forth in article 4.1 above.
Should the delivery address for the Products be situated in a country outside the European Union, the prices of the Products selected by the Customer will be shown exclusive of taxes in the order summary, and will include the cost of packaging, transport and other order processing charges.  
3. By validating these General Terms and Conditions of Sale, the Customer having entered a delivery address for the Products in a country situated outside the European Union acknowledges and accepts that any customs duties, local taxes and excise duties are not included in the price shown on the Site, nor in the Product data sheet, nor in the order summary. It is therefore exclusively up to the Customer to make queries with the competent authorities to know the amount and the terms and conditions for the payment of any customs duties, local taxes and excise duties that will be invoiced to him for the importation of the Products.
4. The Seller reserves the right to change his prices at any time, but the Products will be invoiced on the basis of the current tariffs when the orders are registered, subject to availability at that date.  
5. Should any one of the Products offered for sale on the Site include an error in the price, the price will in any event be checked on sending the confirmation e-mail referred to in article 3.2.3, and if necessary corrected.   
6. If the corrected price is less than the price displayed on the Site, the Seller will apply the lowest price and refund the difference under the conditions set forth in article 9. If the corrected price is higher than the price displayed on the Site, the Seller will inform the Customer and cancel the order, unless the Customer accepts the order at the new price by confirming this acceptance by e-mail sent to the Seller. In this case, the Customer will be asked to pay the difference between the amount already paid and that finally payable, under the conditions given to him by the Seller.

4.2 PAYMENT

1. Orders are payable exclusively in Euros, regardless of the Customer's country of residence or the country in which the delivery address for the Products is situated.
2. Payment of the orders is made:
a)    Either online, on the Site, by bankcard, through the secured payment system of the Banque CIC, on condition however that the amount of the order concerned does not exceed 5,000€ incl. taxes. For amounts of more than 5,000€ incl. taxes for a single order, the Customer is obliged to pay by bank transfer.
The Customer must enter the first and last name of the bankcard holder, the number and date of expiry, as well as the cryptogram on the back of the bankcard.    
The following bankcards are accepted: Carte Bleue, Visa, MasterCard, American Express.
In addition, the Customer will have to go through the 3D SECURE authentication system set up by the VISA and MASTERCARD bankcard networks in order to reinforce the security of the transactions carried out by the holders of VISA and MASTERCARD bankcards. During the transaction, the Customer's bank checks that the Customer is indeed the legitimate cardholder.   
The Seller guarantees the security and the confidentiality of the Customer's data relating to his bankcard.
The Banque CIC has indeed adopted the TSL encryption process which guarantees the reliability of the exchanges and transactions by encrypting when all the personal data required for processing the orders are entered, such as addresses, e-mail, bankcard number and bank details. Bank details are thus encrypted and passed directly on to the Banque CIC via a secured connection, without passing through the Site.
The Seller will debit the Customer's bankcard at the date of confirmation of the order, materialised by the order confirmation e-mail.   
b)    Or by bank transfer
The Seller will provide his bank details to Customers choosing this method of payment, as well as for any order in excess of 5,000€ incl. taxes.
The bank changes applied to the Customer by his bank in the event of payment by bank transfer are not included in the price of the Products or in the total amount of the order, and remain at the exclusive charge of the Customer.
3. The Customer guarantees that he has the necessary authorisations to make a payment by the selected means of payment when registering his order.   
The Seller reserves the right to ask for a photocopy of the Customer's valid identity document and/or bankcard (front side only) for any payment by bankcard.
In the fight against fraud on the Internet, the information concerning the Customer's order may be forwarded to any third party authorised by law or appointed by the Seller for the sole purpose of checking the identity of the Customer, the validity of the order, the method of payment used and the delivery considered.
4. Any late payment or default in payment will result in the application, by the Seller, of the following increases, as of the date of a letter of formal notice sent to the Customer by registered mail with acknowledgement of receipt:
a)    A fixed amount of 40 €, for administrative and accounting costs,
b)    1% per month, as late interest, as of the due date,
c)    As damages:
i)    all the costs resulting from non-payment, such as cheque refusal fees.
ii)    all the costs incurred for the collection of any amounts owing, including lawyers' fees and bailiff's fees in particular.

4.3 INVOICE

If the invoicing address is the same as the delivery address, an invoice made out in the Customer's name and address will be enclosed with the parcel containing the Product(s) ordered.   
If not, it will be sent separately to the billing address.   
The Customer will automatically receive an invoice in his name at his e-mail address.


5. CANCELLATION - COOLING OFF


1. The Customer is entitled to cancel his order at no extra cost within a maximum of one hour after validation on the Site, by calling the Seller's Customer Service at the address and phone number and at the opening hours stipulated in article 13.
Only the Seller's written confirmation will be considered as proof of his acceptance of the request to cancel the order.       
2. Article L.221-18 of the French Consumer Code stipulates that the Customer has a period of fourteen (14) days from delivery of the Products ordered via an Internet site to exercise his right of withdrawal from the contract concluded at a distance, and to return such Products to the Seller, without having to justify his decision.   
If this period expires on a Saturday, a Sunday or a public holiday, it will be extended until the next day of work.
For multiple orders, i.e. several Products at the same time, the cooling off period will start from the date of receipt of the last Product should a product be unavailable and the order split into several shipments.   
This right of withdrawal is exercised without any penalty except for the cost of returning the Products which will be covered by the Customer, in addition to the transport Insurance which must necessarily be taken out by the Customer, under the conditions set forth in article 5.7.i hereof.
3.  A Customer wishing to retract should, before the end of this fourteen-day (14) period (date as per postmark), send the withdrawal form to the Customer Service (see article 13). This form can be downloaded from the Site, and is also available in Annex 1 hereto. It can be sent either by electronic mail in accordance with the terms and conditions given to the Customer on the form, or by registered letter with acknowledgement of receipt.
Fault of using the withdrawal form made available to him, the Customer may also withdraw by means of a clearly worded statement expressing his decision to withdraw, which should be sent to the Seller by registered letter with acknowledgement of receipt within fourteen (14) days of the date of delivery of the Products.
4. Withdrawal will not be taken into account until the Customer has received an e-mail confirming the registration of his request to return the order and giving the procedure for returning the Product(s).
The Products must be returned by the Customer within a maximum period of fourteen (14) days of Informing the Seller of his decision to withdraw, in accordance with the terms and conditions set forth in article 5.5 hereunder.
5. The Customer's exercise of his right of withdrawal will only be accepted by the Seller for Products in perfect condition for resale.
Products returned uncorked, spoiled, damaged or soiled by the Customer will not be taken back, nor will the return of Products that differ from the Products initially sent be accepted, it being stipulated that the Seller, when preparing the Products for shipment, makes all the necessary observations (photographs, videos, description, including by means of a Bailiff's affidavit (constat d’huissier) for certain Products) intended to attest to the characteristics and condition of each Product.
Under these conditions, the Customer will take special care of the Products between the time of their delivery and their return and will return them to the Seller in strict compliance with the terms and conditions set forth in article 5.7 hereof.  
6. Should the Products returned not comply with the terms and conditions set forth in article 5.5 above, the Seller reserves the right:   
(i)    not to accept the return of the Product, which will be kept at the Customer's disposal, at his own risk, for a period of six (6) months from the date of receipt of the Product by the Seller, unless the Product was received in that condition by the Customer;
(ii)    not to reimburse the Customer, or to only make a partial reimbursement, by deducting any amount owing in compensation for the damage caused to the Product, when the damage is caused after delivery to the Customer.
7. The Customer has the obligation to return the Product to the Seller:
(i)     in the same packaging as that in which he received the Product from the Seller, since this packaging is perfectly adapted to the nature and value of the Product;
(ii)     by an express mode of transport (UPS or FEDEX), taking out a transport insurance strictly adapted to the value of the Products, offering coverage against  loss or damage caused to the transported Products, and the payment in such cases of an amount corresponding to at least the value of the aforesaid Products, such as shown from the Seller's invoice.
In any event, the Seller declines any responsibility in the event of any loss or deterioration of a Product during the transport.
8. The amount of the order will be reimbursed to the Customer, including the cost of the original shipment, under the conditions set forth in article 9 hereof. The cost of return and transport insurance are however at the Customer's expense.
9. No request sent to the Seller for the return of Products beyond the fourteen (14)-day cooling off period will be accepted, except in the event of any non-compliance (see art.7.1) or hidden defect (see art.7.2).
The following reasons in particular will not be taken into account:   
(i)    Impossibility to contact the Seller by telephone (the Customer having the possibility of sending a letter by post or electronic mail to the address mentioned in article 13);
(ii)    Absence of the Customer or consignee during the fourteen (14) day period following receipt of the order;
(iii)    Product offered by the Customer after the fourteen (14) day period following receipt of the order.   


6. DELIVERY


6.1 Delivery

1. The Products are delivered exclusively in the countries proposed in the drop-down menu within the scope of the Product order process.   
For any territories other than those mentioned in the drop-down menu, the Customer is invited to get in touch with the Seller in order to examine the possibility and the special terms and conditions of a possible delivery to the territory concerned.   
2. The Products are delivered to the delivery address given by the Customer during the order process, and also mentioned in the order conformation e-mail referred to in article 3.2.3. In the event of any error in the wording of the Customer's details (especially last name, first name, street number and name, code postal, telephone number or e-mail address, etc.…), the Seller shall not be held responsible for any delay or impossibility to deliver the order.   Neither will the Seller be held responsible for any delay or impossibility to deliver the order should the Customer not receive the information by e-mail or SMS concerning the dispatch and delivery date of the Products, especially due to various technical problems liable to hinder the smooth flow of this information and over which the Seller does not have any control.   
3. Regardless of the delivery method chosen by the Customer, the parcel is handed over to the Customer or the consignee.
If the Customer or the consignee is absent, the Customer or the consignee of the order receives a delivery notice by e-mail or SMS, or in his letterbox, enabling him to collect the parcel from the place indicated by the carrier or to arrange an appointment with the carrier for a new delivery.   
4. Should the Customer or the consignee be absent when delivery is made, and should they not collect the Product(s) within the given timeframe, or not arrange an appointment with the carrier for a new delivery, they will be returned to the Seller who will reimburse the Customer, deduction being made of the shipping costs, such as set forth in article 4.1.1 hereto, including the return and packaging, under the conditions set forth in article 9, unless the Customer wishes his order to be sent again, at his own expense.   
5. Should the Customer or the consignee of the ordered Products note any damage or shortage, whether with regard to the state or the content of his parcel, the Customer or the consignee of the ordered Products has the obligation:
(i)    to inform the carrier of any damage, as well as of any complaints or reserves, and to refuse the delivery by immediately reporting the anomaly to the carrier's employee;  
(ii)    to inform the Seller of these incidents by contacting the Seller's Customer Service at the address given in article 12, within a maximum period of 3 Days of work following the Date of delivery of the Products.

6.2 Shipping methods


1. Shipping methods vary depending on the place of delivery, the quantities of Products ordered and the choices made by the Customer on his Order Form.
The detail of the Seller's offer with regard to shipping methods and costs and delivery times are set out in the Delivery section.
2. The transport tariffs always include the insurance of the parcel against loss or damage caused to the Product(s) transported, to the exclusion of any consequential damage, losses resulting from any delay and indirect losses (prevention of possession...).

6.3 Delivery dates

1. The Seller will inform the Customer of the delivery time limit on the Product presentation page and in the confirmation e-mail referred to in article 3.2.3.
This time limit is applicable for deliveries to countries within the European Union only and runs from the date of actual payment of the price.
In the event of a delay of more than seven (7) days from the delivery deadline announced, the order may be cancelled and reimbursed to the Customer, subject to sending the Seller a registered letter with acknowledgement of receipt expressly stating his wish to cancel the order.
In this case, the Customer will receive a refund under the conditions set forth in article 9 hereto.
2. The Products will be sent within an average period of one to three Days of work following the confirmation e-mail referred to in article 3.1.3, to which should be added the carrier's delivery times which vary between one to five days of work and which might be more than that for deliveries to a country outside the European Union, in particular due to variable and uncertain customs clearance delays, over which the Seller does not have any control.
These delivery times are given for information only, the Seller only being bound by the deadlines given when the order is placed.   


7. GUARANTEES


7.1 COMPLIANCE AND VISIBLE DEFECTS

1. So as to avoid any inconvenience for the Customer, the Seller checks the compliance of the Products with the order before shipment, in particular by making the observations referred to in article 7.1.6 hereto.
2. The French consumer code defines and regulates the legal guarantee of compliance as follows:
Article L217-4: “The Seller has the obligation to deliver goods in compliance with the contract and answers for any lack of compliance that might exist on delivery. He also answers for any lack of compliance in connection with the packaging, assembly or installation instructions when he is responsible for these in accordance with the contract.”
 Article L217-5: “To be in compliance with the contract, the goods must:  
1)    be suitable for the usage normally expected from such goods and, if applicable:
- correspond with the description given by the Seller and offer the quality the seller presented to the buyer in the form of sample or design;
- offer the quality a purchaser may legitimately expect considering the public declarations made by the seller, the producer or his representative, notably in the advertisement or labelling;
2)    Or offer the characteristics mutually agreed between the parties or be suitable for any specific use sought by the buyer, made known to the seller and accepted by him.  
Article L217-12: An action for lack of compliance is forfeited if no suit is brought within two years of delivery of the goods.   
3. The Seller therefore agrees, within the scope of the legal guarantee of compliance to replace or refund any Products that do not meet the compliance criteria set forth in the articles of the French Consumer Code reproduced under article 7.1.2 above.
4. In such an event, the Customer therefore has a period of two (2) years, from the date of delivery of a Product, to notify the Seller, by e-mail sent to the Seller's Customer Service (see art.12), of any reserves as to the compliance of the Products delivered.
5. The Seller will then send him an e-mail confirming his acceptance for the return of the Product(s), as well as a number for the return, if applicable, to be mentioned on the parcel when returning the non-compliant or faulty Product(s).
6. The Products must be returned in perfect condition for resale.
Products returned uncorked, spoiled, damaged or soiled by the Customer will not be taken back. nor will the return of Products that differ from the Products initially sent be accepted, it being stipulated that the Seller, when preparing the Products for shipment, makes all the necessary observations (photographs, videos, description, including by means of a Bailiff's affidavit (constat d’huissier) for certain Products) intended to attest to the characteristics and condition of each Product.
Under these conditions, the Customer will take special care of the Products between the time of their delivery and their return and will return them to the Seller in strict compliance with the terms and conditions set forth in article 7.1.8 hereof.  
7. Should the Products returned not comply with the terms and conditions set forth in article 7.1.6 above, the Seller reserves the right:   
(i) not to accept the return of the Product, which will be kept at the Customer's disposal, at his own risk, for a period of six (6) months from the date of receipt of the Product by the Seller, unless the Product was received in that condition by the Customer;
(ii) not to reimburse the Customer, or to only make a partial reimbursement, by deducting any amount owing in compensation for the damage caused to the Product, when the damage Is caused after delivery to the Customer.
8. The Customer has the obligation to return the Product to the Seller:
(i) in the same packaging as that in which he received the Product from the Seller, since this packaging is perfectly adapted to the nature and value of the Product;
(ii) by an express mode of transport (UPS or FEDEX), taking out a transport insurance strictly adapted to the value of the Products, offering coverage against  loss or damage caused to the transported Products, and the payment in such cases of an amount corresponding to at least the value of the aforesaid Products, such as shown from the price invoiced by the Seller.  
In any event, the Seller declines any responsibility in the event of any loss or deterioration of a Product during the transport.
9. Any returns accepted by the Seller, in the event of non-compliance of the Products delivered, established by the Seller will allow the Customer to obtain the free replacement or reimbursement of such Product(s), in accordance with the provisions of article 9 hereof, to the exclusion of any other compensation.
10. In the event of any claim for the reimbursement of one or more Product(s) and accepted by the Seller, the cost of shipping and return of such Products will be reimbursed on the basis of the tariff invoiced for the cost of shipment and the amount of the return costs paid by the Customer, on the basis of a document in proof only.   
The Seller will not accept parcels sent carriage due.   
Any risk linked with the return of the Products will be at the Customer's expense.

7.2 HIDDEN DEFECTS

1. The Seller is bound by the legal guarantee against hidden defects in accordance with article 1641 et al. of the French civil code which stipulates: "A seller is bound by a guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which impair that use to the extent that the buyer would not have acquired it, or would have given a lesser price for it, had he been aware of them."
2. The Customer therefore has a period of two (2) years, from the discovery of a hidden defect affecting the Products, to send the Seller a request asking to benefit from the guarantee against hidden defects that might affect the Products.
3. In order to be able to take advantage of the Product guarantee, the Customer must keep the purchase invoice for the Products.
4. In any event, a Customer who declares the existence of a hidden defect should be able to prove that:
(i)    the defect existed prior to the sale;
(ii)    the Product has been kept and stored under appropriate conditions of temperature, humidity and vibration consistent with the nature of the Product, it being stipulated that the Product should never be exposed or stored at temperatures higher than 18°C or lower than 5°C;
(iii)    the defect is not linked with time or the normal evolution of the Product, it being stipulated that the wines offered for sale by the Seller are old vintages that are liable to be affected by such defects, notably that of a cork taint.   
5. So as to enable the Seller to carry out an expert appraisal of the Products himself, the Customer is requested to leave them at his disposal in accordance with the terms and conditions given to him, it being stipulated that the Seller will arrange their collection at his own expense.   
6. Should the Customer not wish for the replacement free of charge of the Product(s), the refund will be made under the terms and conditions set forth in article 9.

7.3 GUARANTEE EXCLUSIONS
 
No guarantee, whether statutory or contractual, covers any defects affecting the Products that might result from improper preservation or storage conditions or from time and the normal evolution of the Product, it being stipulated that the bottles of wine offered for sale by the Seller are old vintages that are liable to be affected by such defects, notably that of a cork taint.
The Customer has furthermore been informed that the products should never be exposed or stored at temperatures higher than 18°C or lower than 5°C.


8. OWNERSHIP RESERVE CLAUSE  

It is expressly agreed that the Seller reserves the ownership of the Products provided until the date of their full payment, in pursuance with Act no. 80 336 of 1st May 1980, on the reserve of ownership.
This provision does not prevent the transfer to the Customer of the risks related to the Products sold, this transfer taking place as soon as the Products are delivered to the address given by the Customer on ordering, or when the Products are collected from the carrier.


9. REIMBURSEMENT


1. Reimbursements of the Products in the events set out in articles 2.7, 4.1, 7.1 and 7.2 will be made within a period of less than 14 days of receipt by the Seller of the Products returned by the Customer.
2. The reimbursement will concern all the amounts paid by the Customer for the order, including the cost of delivery to the Customer.
It is reminded that within the scope of the possible exercise of the Customer's withdrawal right, the cost of returning the product(s) will not be reimbursed.   
For the returns made in accordance with articles 7.1 and 7.2, the cost of return will be reimbursed to the Customer, who will however have the obligation to provide the Seller with the necessary documents in proof (carrier invoice).
3. The reimbursement will be made in accordance with the initial payment method chosen by the Customer or, with the Customer's prior agreement, by any other method proposed by the Seller, among which a credit note.


10. LIABILITY


1. The Products offered comply with the current Community legislation and the standards applicable in France and the European Union.
2. The Seller shall not be held liable for the non-execution of the contract due to an event of force majeure, such as set forth in article 1218 of the French civil code, or caused by the Customer or due to an unavoidable or unforeseeable action of any third party.
3. The Customer is sole responsible for the choice of Products, their preservation and their consumption.
4. In any case where the Customer is a professional and where the Seller's liability is incurred, such liability shall not exceed the amount excl. taxes of the order concerned.   


11. INTELLECTUAL PROPERTY


1. All the visual displays and photographs visible on the Site, and in particular those representing and illustrating the Products, are necessarily protected by copyright and any other intellectual property rights belong to the Seller or third parties having authorised the Seller to use them.
Any unauthorised reproduction and/or representation of any kind whatsoever of any visual display, image or photograph represented on the Site is considered as an infringement and will be prosecuted.
2. Similarly, all the other Information of any kind whatsoever, and in particular the texts, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software programmes, characteristics of the site shown on the Site are necessarily protected by copyright, trademark rights and any other intellectual property rights, and belong to the Seller or third parties having authorised the Seller to use them.
The Seller grants the Customer a private, non-collective and non-exclusive right of use of such information.  
3. Under these conditions, the Customer agrees not to reproduce, summarise, modify, alter or redistribute, without the prior express agreement of the Seller, any text, title, application, software, logo, image, photograph, graphic design, trademark, information or illustration, for any usage other than strictly private.


12. CUSTOMER SERVICE


Customers having any queries or wishing further information should get in touch with the Customer Service:
- by telephone on +33 (0)628713700, from Monday to Friday, from 9am to 12:00 and from 2pm to 6pm;
- by e-mail at contact@prestige-cellar.fr or by means of our contact form;
- by post at the following address: PRESTIGE CELLAR - 36 rue du Faubourg Bretonnière, 21200 BEAUNE – FRANCE.


13. PERSONAL DATA

1. The Seller collects and processes the Customer's personal data as well as, if applicable, those of the consignee of the orders placed by the Customer in compliance with the legal requirements of the French Data Protection Act of 6 January 1978 and the (EU) Rule 2016/679 of 27 April 2016 on Data protection.
2. The purposes, consignees, storage periods and conditions under which the Seller collects and processes personal data, as well as the rights of the persons concerned in connection with this processing are set out in detail in the "Policy for the management of personal data and PRESTIGE CELLAR cookies".


14. MISCELLANEOUS


1. These terms and conditions, as well as those set out in the order confirmation e-mail referred to in article 3.2.3, express all of the Customer's obligations and those of the Seller.
The Seller reserves the right to unilaterally alter the terms hereof, the conditions applicable to the Customer being those in force on the Site at the date upon which the Customer places his order. The Customer is therefore advised to regularly refer to the latest version of the General Terms and Conditions of Sale permanently available on the Site at the link "General Terms and Conditions of Sale".
The Customer may in addition print out or register these terms and conditions in their pdf version, either from the Site, or through the file sent to him in the order confirmation e-mail.
2. Should one of the provisions of these Terms and Conditions be considered as null by virtue of a present or future legal or regulatory provision, or a judicial decision having the force of res judicata and issued by a competent jurisdiction or organisation, this provision of the contract would be deemed unwritten, all the other provisions of these Terms and Conditions maintaining binding force between the parties.
3. The fact that one or the other of the parties does not take advantage at a given time of any one of the provisions hereof shall never be considered as a waiver on his part of the rights he holds herein.   


15. GOVERNING LAW – DISPUTES – CONSUMER MEDIATION  


1. These General Terms and Conditions of Sale are governed by the laws of France, and the French version will prevail.   
2. Any dispute arising out of or in connection with the execution or interpretation of the provisions hereof obliges the parties to come together to attempt to find an amicable solution to their dispute before referring the matter to the competent jurisdiction.
3. THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT THE FRENCH LAWCOURTS WILL HAVE EXCLUSIVE JURISDICTION, IN ACCORDANCE WITH THE RULES LAID DOWN BY THE FRENCH CODE OF CIVIL PROCEDURE.   
4. In pursuance of article L.612-1 of the Consumer Code, any consumer is entitled to use the services of a consumer ombudsman, free of charge, with a view to finding an amicable solution to the dispute between him and a professional. For this purpose, the Seller guarantees the Customer the effective recourse to a consumer mediation system in the event of any dispute and should the Customer wish to use mediation, he may refer the matter to the CNPM (Chambre Nationale des Praticiens de la Médiation) at the following address:
CNPM
23 rue de Terrenoire
42100 Saint-Etienne
E-mail: cnpm@orange.fr
Tel. : 04 77 49 45 89
www.cnpm-mediation.org/
Article R612-4 of the Consumer Code  
The ombudsman, by informing the parties of the solution he proposes, reminds them, by ordinary letter or electronic mail:
1. That they are free to accept or refuse the solution he proposes;
2. That taking part in the mediation does not exclude the possibility of bringing an action before a jurisdiction;
3. That the solution might be different from the decision pronounced by a judge.
The ombudsman also explains what the legal effects would be if the proposed solution is accepted and sets a time limit for its acceptance or refusal.
4. In pursuance of articles L.152-1 to L.152-5 of the Consumer Code, any consumer is entitled to use the services of a consumer ombudsman, free of charge, with a view to finding an amicable solution to the dispute between him and a professional. For this purpose, the Seller guarantees the Customer the effective recourse to a consumer mediation system in the event of any dispute and should the Customer wish to use mediation