Terms of sale
SARL MDCV aims to market quality wines to its customers, to whom it wishes to provide the best possible service. The present General Terms and Conditions of Sale, hereinafter referred to as "GTCS", have been drawn up with this in mind. They apply to all our price lists, superseding the previous ones and may be modified without notice. The provisions of our GCS take precedence over those of the customer's special conditions of purchase, which are valid only for points not provided for and regulated by our GCS and within the limit of their written acceptance by SARL MDCV.
ARTICLE 1 - Scope of application
These GCS apply, without restriction or reservation, to any purchase of goods and products ('the goods' or 'the products') offered by SARL MDCV ('the seller' or 'the supplier') to consumers and non-professional customers ('the Customers or the Customer or the consumer or the consumers') on its Internet site www.the-wine-caverns-europe.com, hereinafter 'the Site'. Access to the Site is free of charge.
The main and essential characteristics of the wines and products are presented on the Site.
The Customer is obliged to familiarise himself/herself with these terms and conditions before placing an order. The choice and purchase of a product is the sole responsibility of the Customer.
SARL MDCV is a limited liability company with capital of €971,000, whose registered office is located at Route de la Garde Freinet, Château des Bertrands, 83340 Le Cannet des Maures.
These conditions apply to the exclusion of all other conditions, in particular those applicable to other product marketing channels.
These GTC are accessible at all times on the Site and will prevail, where applicable, over any other version or any other contradictory document. The General Terms and Conditions are made available to consumers on the Site via the "General Terms and Conditions" hypertext link, where they can be consulted directly; they can also be sent to the consumer on request.
By placing an order and accepting these GTC, the consumer undertakes to be of legal age and to have legal capacity.
In the absence of proof to the contrary, the data recorded in the vendor's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right, at any time, to access, rectify and object to all his personal data by writing, by post and providing proof of his identity, to SARL MDCV Route de la Garde Freinet, Château des Bertrands, 83340 Le Cannet des Maures.
The Customer declares to have taken knowledge of the present GTC and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order as well as the general conditions of use of the Site. In the absence of proof to the contrary, the data recorded by MDCV SARL constitute proof of all transactions entered into by MDCV SARL and the Customer via the Site.
Validation of the product order by the Customer implies unreserved acceptance of these GCS.
As these GTC may be subject to subsequent amendment, the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed.
The products presented on the Site are offered for sale in European territories.
Customs duties or other local taxes or import duties or state taxes may be payable. The Customer shall be solely liable for any such charges.
Any changes to these GTC will be binding on users of the Site as from the date they are posted online and cannot be applied to transactions concluded previously.
ARTICLE 2 - Orders
The Customer selects the products they wish to order on the site, as follows: the Customer chooses their products and clicks on "Add to Basket". The Customer then goes to their basket, checks that the information is correct and chooses their method of payment. They must click on "Confirm". They must then connect to their account or create one and proceed with payment.
Contractual information is presented in French and is confirmed at the latest when the order is validated by the Customer.
For orders placed exclusively on the Internet, the registration of an order on the Vendor's site is completed when the Customer accepts these GCS by ticking the box provided for this purpose and validates the order. The Customer may check the details of his/her
order, its total price and to correct any errors before confirming its acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of the entirety of these GCS and constitutes proof of the sales contract.
The sale of Products will only be considered definitive once the Vendor has sent the Customer confirmation of acceptance of the order by e-mail and once the Vendor has received payment in full.
Any order placed on the Site constitutes the formation of a distance contract between the Customer and the Seller.
SARL MDCV reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
Any changes to the order made by the Customer, other than the exercise of his right of withdrawal, may only be taken into account by the Vendor within the limits of his possibilities and on condition that the Customer notifies the Vendor electronically, at least one day before the date scheduled for the supply of the Products ordered. Where applicable, these modifications will give rise to a new invoice and a price adjustment.
In the event that these modifications cannot be accepted by the Vendor, the sums paid by the Customer will be refunded within a maximum period of two months from the notification of the impossibility of accepting the modifications made by the Vendor to the Customer (unless the Customer prefers to benefit from a credit note).
ARTICLE 3 - Prices
The wines and Products offered by the Vendor are supplied at the prices in force on the Site when the order is registered by the Vendor. Prices are expressed in Euros and include VAT.
Prices take into account any discounts granted by the Seller under the conditions specified on the Site.
These prices are firm and non-revisable during their period of validity, as indicated on the site, the Seller reserving the right, outside this period of validity, to modify the prices at any time.
They do not include processing, management and transport costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Vendor and given to the Customer when the Products ordered are supplied.
ARTICLE 4 - Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, in accordance with the terms specified in the "Orders" article above, by secure payment.
- by credit card, Visa, MasterCard, AMEX
- by personal or bank cheque
If payment is made by cheque, it must be issued by a bank domiciled in mainland France or Monaco.
The cheque is cashed on receipt.
Payment data is exchanged in encrypted mode.
The Vendor shall not be obliged to supply the Products ordered by the Customer if the price has not first been paid in full in accordance with the above conditions.
Payments made by the Customer will not be considered final until the Seller has actually received the sums due.
ARTICLE 5 - Supply of Products - Delivery times and costs
The Products ordered by the Customer will be delivered by road hauliers (SCHENKER JOYAU or ALLOIN or others ...) within a period of between 3 and 30 days from the final validation of the Customer's order, depending on the delivery service provider, under the conditions set out in these GTC, supplemented by the special conditions of sale given to the Customer together with these GTC, to the address indicated by the Customer when placing the order on the site.
The Seller undertakes to use its best endeavours to supply the Products ordered by the Customer, within the framework of an obligation of means and within the timescales specified above.
If the Products ordered are unavailable, the Seller will inform the Customer immediately and may offer the Customer a product of equivalent quality and price.
If the products ordered have not been supplied within 30 days of the order, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request from the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to specific additional invoicing at a later date.
In the absence of reservations or complaints expressly made by the Customer on receipt of the Products, the latter shall be deemed to comply with the order, in terms of quantity and quality.
The Customer shall have a period of 14 days from the date of delivery of the Products in which to submit any such reservations or complaints in writing to the Vendor, together with all the relevant supporting documents.
No claim will be validly accepted if the Customer fails to comply with these formalities and deadlines.
The Vendor shall reimburse the Customer as soon as possible and at its own expense, in accordance with the appropriate terms and conditions agreed by the Customer, for Products whose lack of conformity has been duly proven by the Customer.
ARTICLE 6 - Duration of the offer
The online sales offers presented on the Site are valid for as long as the products appear on the Site and while stocks last, unless otherwise indicated.
ARTICLE 7 - Right of withdrawal
In accordance with the law, the Customer has a cooling-off period of 14 days from receipt of the products to exercise his right of withdrawal from the Vendor and cancel his order, without having to justify his decision or pay any penalty, in order to receive an exchange or a refund.
The right of retractation can be exercised by mail addressed to the address of the SARL MDCV or an e-mail to the address " firstname.lastname@example.org " mentioning the order concerned by this retractation according to the model of form:
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of MDCV SARL, Route de la Garde-Freinet, Châeau des Bertrands, 83340 Le Cannet-des-Maures.
I/We hereby notify you of my/our withdrawal from the contract for the sale of the following goods:
Ordered on ......./ received on ........
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) :
If the right of withdrawal is exercised within the aforementioned period, the price of the Products ordered and the initial shipping costs will be reimbursed. Only the cost of returning the Products will be charged to the Customer.
The sums actually paid by the Customer will be reimbursed no later than 14 days from receipt by the Vendor of notification of the Customer's withdrawal.
ARTICLE 8 - Liability of the Service Provider - Guarantee
The Vendor guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity resulting from a design or manufacturing defect in the Products ordered.
In order to assert his rights, the Customer must inform the Vendor, in writing or by e-mail, of the existence of defects in conformity within a maximum period of 14 days from the date of supply of the Products.
The Seller shall refund or rectify or have rectified (as far as possible) the Products deemed to be defective as soon as possible. The refund will be made by credit to the Customer's bank account or by cheque sent to the Customer.
The Vendor's guarantee is limited to reimbursement of the Products actually paid for by the Customer and the Vendor may not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognised by French case law.
The Products supplied via the Vendor's Site comply with the regulations in force in France. The Vendor may not be held liable in the event of non-compliance with the legislation of the country in which the Products are supplied, which it is up to the Customer, who is solely responsible for the choice of Products ordered, to check.
Pursuant to the order of 18 December 2017 in Article 1, the seller guaranteeing the conformity of the goods to the contract is the company:MDCV SARL Route de la Garde Freinet, Château des Bertrands, 83340 Le Cannet des Maures.
In accordance with article 2 of the same decree, the seller specifies that it is liable for defects in conformity of the goods with the contract under the conditions of article L.211-4 et seq. of the French Consumer Code and for hidden defects in the goods sold under the conditions set out in articles 1641 et seq. of the French Civil Code.
Finally, in accordance with article 3 of the same decree, the seller specifies that when acting under the legal guarantee of conformity, independently of the commercial guarantee, the seller :
- has a period of two years from the date of delivery of the property in which to bring an action
- can choose between repairing or replacing the good, subject to the cost conditions set out in Article L 211-9 of the Consumer Code
is exempt from proving the existence of the lack of conformity of the goods for a period of six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
Lastly, the seller specifies that the consumer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code, and that in this event, the consumer may choose between rescission of the contract or a reduction in the sale price in accordance with article 1644 of the Civil Code.
ARTICLE 9 - Data protection
In application of Law 78-17 of 6 January 1978, it should be noted that the personal data requested from the Customer is necessary for the processing of the order and, in particular, for the preparation of invoices.
This data may be communicated to any of the Vendor's partners responsible for executing, processing, managing and paying for orders.
The processing of information communicated via the Site has been declared to the CNIL.
In accordance with the national and European regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her. See the CNIL opposition form:
This right may be exercised under the terms and conditions defined on the Site.
ARTICLE 10 - Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Vendor retains ownership of all intellectual property rights in the photographs, presentations, studies, drawings, models, etc. produced (even at the Customer's request) with a view to supplying the Products to the Customer. The Customer shall therefore refrain from reproducing or exploiting the said studies, drawings, models, etc., without the Vendor's express prior written authorisation, which may be subject to a financial consideration.
ARTICLE 11 - Anticipation
These GCS expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all orders. The Vendor and Customer therefore each waive their right to invoke the provisions of article 1195 of the Civil Code and the unforeseeable circumstances regime provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 12 - Enforcement in kind
Notwithstanding the provisions of Article 1221 of the French Civil Code, the Parties agree that in the event of either Party failing to fulfil its obligations, the Party that is the victim of the default may not seek enforcement.
ARTICLE 13 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
Performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the party prevented shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the present contract will be purely and simply terminated in accordance with the terms defined in the article "Termination for reasons of force majeure".
ARTICLE 14 - Termination of the contract
It is expressly agreed that the parties may terminate this contract by operation of law, without notice or formality, in the event of force majeure.
ARTICLE 15 - Applicable law - Language
These General Terms and Conditions and any transactions arising from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 16 - Disputes
ALL DISPUTES TO WHICH THE PURCHASE AND SALE TRANSACTIONS CONCLUDED PURSUANT TO THESE GENERAL TERMS AND CONDITIONS OF SALE MAY GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION, CONSEQUENCES AND CONSEQUENCES AND WHICH CANNOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER, SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
ARTICLE 17 - Pre-contractual information - Customer acceptance
Prior to placing an order and entering into a contract, the Customer acknowledges having been provided, in a legible and comprehensible manner, with these GTS and with all the information listed in article L. 221-5 of the French Consumer Code, in particular the following information:
- the essential characteristics of the wines and Products, taking into account the communication medium used
- the price of Services and ancillary costs (e.g. delivery);
- in the absence of immediate performance of the contract, the date or time by which the Seller undertakes to supply the Products ordered;
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context,
- Information on legal and contractual warranties and how to make use of them;
- the functionalities of the digital content and, where appropriate, its interoperability ;
- the possibility of resorting to conventional mediation in the event of a dispute ;
- information on the right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), cancellation procedures and other important contractual conditions.
- the payment methods accepted.
- The photographs illustrating the products do not constitute a contractual document but conform to the products delivered.
The fact that a natural person (or legal entity) places an order on the Site implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.
PHOTO CREDITS: Denis FARAVEL. The photos illustrating the products are not contractual but conform with the product delivered.
ADEME number: FR202084_01IADY