Our specific terms and conditions of sale Online Sales applicable as of December 01, 2020
CLAUSE 1: APPLICATION AND ENFORCEABILITY
The general conditions of sale described below detail the rights and obligations concluded between the Société Coopérative Agricole Cleebourg Cave Vinicole ( Cave de Cleebourg) and its Customers (exclusively reserved for adults) for all products offered on the online shop https://www.cave-cleebourg.fr.
Any order appearing on the website www.cave-cleebourg.fr implies full and complete adherence to these general conditions of sale, without exception or reserve. All the data provided and the recorded confirmation will be worth proof of the transaction.
You declare that you have full knowledge of it. The confirmation of order will be worth signature and acceptance of the operations carried out.
These GTC will also apply to any other mode of order between the parties.
The Cave de Cleebourg may modify, update or rectify the present document, in particular in order to reflect commercial, legal or technical developments. The Cave de Cleebourg will, as far as possible, inform the Customer of any modification.
The Cave de Cleebourg is committed to developing its products in compliance with national and international regulations on hygiene, public health, sustainable development and respect for human and children's rights.
The offers on the site are exclusively reserved for private customers, excluding professional resellers. For this purpose and for each new customer, the Cave de Cleebourg reserves the right to ask for any proof of identity and address before the final validation of the order.
In the current context of containment due to the Covid-19 outbreak, the carriers we work with do their utmost to ensure the best possible service, but are no longer able to guarantee the delivery times indicated in our GTCs. You must therefore imperatively be at your home at the time of delivery to receive the goods. In case of absence, any return or new delivery will be charged to the customer. We thank you in advance for your understanding and indulgence in view of the current circumstances.
For users of the "Click and Collect" service: By selecting the "Click and Collect" mode of transport when you finalise your order, you will be able to benefit from the "Departure Cellar" rate and collect your products from the Cave de Cleebourg sales cellar. Your order will be ready within one working day, prepared and made available in compliance with the security measures imposed.
CLAUSE 2: PRICE
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. Shipping costs are invoiced according to the quantities ordered. All the modalities of port and delivery are available before the validation of your order.
Quantity discounts cannot be combined with other promotional operations that would be running simultaneously on the site. The Cave de Cleebourg grants itself the right to modify its tariffs at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Offers are always subject to availability. In case of unavailability of the ordered goods, the customer will be refunded the sums paid by him, excluding any indemnities or penalties, within twenty days following the date of rupture.
CLAUSE 3: ORDERS
Placing an order requires the creation of a customer account on the cave-cleebourg.fr website by the Customer. Orders are received on the cave-cleebourg.fr website using the dematerialised order procedure. The Cave de Cleebourg confirms receipt of the order by e-mail. This confirmation only takes place after payment of the price by the Customer.
In the event of breakage of one or more products ordered, the Cave de Cleebourg will inform the Customer, either by e-mail or by telephone. A similar product may be proposed.
In the event of a difference in the invoice amount, the credit card used to pay for the order will be re-credited.
Any out of print vintage will be replaced by a more recent vintage of equivalent quality after informing the Customer.
Any order can only be validated if it is preceded by the payment of the totality of the price including all taxes and shipping costs.
CLAUSE 4: INVOICING AND PAYMENT TERMS
Invoices will be established by delivered orders. The invoice will be visible on the Customer's account within 24 hours of the dispatch of his order. Disputes relating to invoices must be notified by e-mail within ten working days following the establishment of the invoice. Failing this, the claim will be considered null and void.
The fact of validating your order implies for you the obligation to pay the price indicated. The payment of your purchases is made by credit card through the secure system Stripe. The debit of the card is immediate during the secure online payment.
Payment is only possible by credit card on the Stripe interface of the cave-cleebourg.fr website.
CLAUSE N° 5: DELIVERY AND SHIPPING COSTS
- A) Delivery
The products are delivered only by carrier directly to the Customer at the delivery address indicated during the order process, within 10 working days following the date of the order. Nevertheless, this period is given as an indication and an overrun of time could not give rise to any compensation. In the event of a delay in shipment, an e-mail will be sent to you to inform you of any possible consequence on the expected delivery time.
In accordance with the legal provisions, in the event of late delivery, you benefit from the possibility of cancelling the order by contacting us by telephone at 03.88.94.50.33 or by e-mail at firstname.lastname@example.org under the terms and conditions defined in article L 138-2 of the Consumer Code. If in the meantime you receive the product, we will proceed to its reimbursement and the shipping costs under the conditions of article L 138-3 of the Consumer Code.
In the case of deliveries by a carrier, the Cave de Cleebourg cannot be held responsible for late delivery due exclusively to the Client's unavailability after several proposals for appointments.
Once the order has been shipped, any change of delivery address must be requested from our services and validated in writing by the Customer and will be subject to additional invoicing.
- B) Shipping costs
The shipping costs including preparation and shipping are 15€ TTC for any order up to 6 bottles. Between 7 and 18 bottles included, the fixed price applied is 28€ TTC and for any order over 18 bottles a fixed price of 8€ per 6 bottles will be charged.
CLAUSE 6: WITHDRAWAL
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty, except for the return costs, which are fully borne by the Customer.
Returns may concern part or all of the order. They are to be made in their original condition and complete (labeling, packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. Consequently, you are advised to keep the original packaging until the expiry of the withdrawal period and when opening the package not to damage the packaging provided.
Returns should be sent to the following address: Cave de Cleebourg - Route du Vin 67160 ROTT
In the event of exercise of the right of withdrawal, the Cave de Cleebourg will proceed to refund (including transport and delivery costs to the Customer), as soon as possible and at the latest within 14 days following the date of receipt of the products subject to the right of withdrawal on the premises of the Cave de Cleebourg or the date on which the consumer has provided the Cave de Cleebourg with proof of the dispatch of these products. This refund will be carried out via the same means of payment as the one used at the time of the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to :
- The supply of services which have been fully performed before the end of the withdrawal period and the performance of which has begun after the consumer's prior express agreement and express renunciation of his right of withdrawal. - The supply of goods which are liable to deteriorate or expire rapidly.
- The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
- The supply of alcoholic beverages whose delivery is deferred for more than 30 days and whose value agreed at the conclusion of the contract depends on fluctuations in the market which are beyond the trader's control.
CLAUSE 7: PERSONAL DATA
The Cave de Cleebourg undertakes not to communicate to third parties the information transmitted to it by the client without the prior written consent of the client. This information will only be used by the internal services of the Cave de Cleebourg to process the client's orders.
The customer has the right to access, rectify, delete or oppose personal data concerning him/her. To do so, the customer simply needs to make a request to the Cave de Cleebourg, either by e-mail to the following address: email@example.com, or by post to the following address Cave Vinicole de Cleebourg - Route du Vin - 67160 ROTT, specifying his or her surname, first name and address.
CLAUSE 8: WARRANTY
If for any reason whatsoever, the quality of the products sold should be questioned, the Cave de Cleebourg reserves the right to take back the goods concerned. Moreover, in order to ensure the best conservation of the products, the Customer will be obliged to keep the products sold in good conditions of preservation (frost-free, away from light, sunlight and all sources of heat).
Complaints concerning the quality of the goods, excluding any transport dispute, must be made in writing no later than eight days after delivery. No goods may be returned without our prior written agreement.
In order to ensure traceability and quality control, any complaint concerning the taste quality of a wine must be reported to us with the vintage and batch number of the wine concerned (this number is engraved on the bottle). We will only be able to take into consideration remarks relating to wines purchased less than one year ago.
The provisions of this clause do not prevent you from benefiting from the right of withdrawal provided for in clause n°6.
CLAUSE N° 9: RETENTION OF TITLE CLAUSE
The transfer of ownership of the wines to the Customer is only made after full payment of the price of the order.
CLAUSE N° 10- INTELLECTUAL PROPERTY
All the elements of the www.cave-cleebourg.fr website are and remain the intellectual and exclusive property of the Cave de Cleebourg. No one is authorised to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written consent of the Cave de Cleebourg.
CLAUSE N° 11- ARCHIVING OF EVIDENCE
The Cave de Cleebourg will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of article 1348 of the Civil Code.
The computerized registers of the Cave de Cleebourg will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
CLAUSE 12: FORCE MAJEURE
The responsibility of the Cave de Cleebourg cannot be implemented if the non-execution or delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event.
CLAUSE NO. 13: COMPETENT COURT
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the Tribunal d'Instance de Strasbourg shall have sole jurisdiction for all disputes relating to the performance of our sales contracts, whatever the conditions of sale and method of payment accepted, even in the event of a guarantee call or multiple defendants.
CLAUSE 14: MISCELLANEOUS POINTS
The Cave de Cleebourg, in the process of online sales, is only bound by an obligation of means; its responsibility cannot be engaged for any damage resulting from the use of the internet network such as loss of data, intrusion, virus or other involuntary problems.