Terms of Sales
Article 1: Company
La Cave Éclairée is a single-member Simplified Joint Stock Company with a share capital of €1,000 whose head office is located at 87 rue du Théâtre, 75015 PARIS.
The company with Mr. Maxime AZOULAY as its legal representative is registered with the Paris Trade and Companies Register under number 894 424 217.
Intra-community VAT: FR75894424217
Director of publication: Maxime AZOULAY
Article 2: Application of these general conditions of sale
The general conditions presented apply to any purchase made from the company LA CAVE ÉCLAIRÉE on its online store via the website www.lacave-eclairee.fr or by telephone. To know the conditions of his order, the customer can click at any time, even before placing an order, on “General Conditions of Sale”.
Placing an order implies full and unrestricted acceptance by the customer of the various clauses presented in these GCS. Only a written agreement stipulating between the two parties special conditions can be accepted, otherwise these conditions thus presented are automatically subject to the existing contractual relations between the Customer and the company LA CAVE ÉCLAIRÉE.
The customer declares before validation of his order to have accepted these GCS and consequently, to fully adhere to them.
Article 3: Modality of orders
Orders can be placed on the website www.lacave-eclairee.fr or by telephone with a person officially working for La Cave Éclairée.
For orders placed on the site, the customer builds a basket by choosing the number of products they want. Once his selection has been made, the customer validates his basket as well as his method of payment.
By proceeding to the payment of the products, the orders then become final and the customer also therefore accepts the GCS of LA CAVE ÉCLAIRÉE.
LA CAVE ÉCLAIRÉE is entitled to request proof of identity and address from the customer (K-bis extract, intra-community VAT number for legal persons) to validate the order. In the event of refusal on the part of the customer or non-compliance of the parts, LA CAVE ÉCLAIRÉE may refuse and cancel the order. For his part, if the customer does not want to submit to this control, this can cancel the order.
LA CAVE ÉCLAIRÉE is also entitled to cancel certain orders if it considers that they present various anomalies and irregularities. (doubts about the identity of the customer, usurpation, creation of irregular accounts etc.)
At the customer's request, an invoice can be sent to him by email, or to his billing address. An order confirmation is sent by email.
In accordance with the terms of law n°80 336 of May 1, 1980, relating to the retention of title, the products remain the property of LA CAVE ÉCLAIRÉE until full payment of the invoices.
The customer becomes the owner and responsible for the items upon delivery, the transfer of possession being worth transfer of risks.
Article 4: Methods of payment and prices
A: Methods of payment:
Payment for products can be made by check, bank transfer or credit card. In the case of payment by check or bank transfer, La Cave Éclairée will ship the order once the amount has been received in its bank account.
Bank Cards:
Cards bearing the acronym CB, VISA, EUROCARD, MASTERCARD or AMERICAN EXPRESS are accepted.
Checks:
Checks in Euros (€) only and domiciled in France only. Addressed to LA CAVE ÉCLAIRÉE at our head office: 87 rue du theatre, 75015 PARIS.
Due to outstanding payments, LA CAVE ÉCLAIRÉE may request additional information from its customer before accepting payment by check.
Bank transfer:
Transfer order to the following bank account: SOCIETE GENERALE
Counter: 03990 | Account number: 00020002980 | RIB Key: 58|
BIC/SWIFT code: SOGEFRPP IBAN: FR76 3000 3039 9000 0200 0298 058
B: PRICE:
Prices are expressed in Euros (€) and displayed inclusive of all taxes (French VAT and all other applicable taxes).
The price indicated on the product sheets is indicated excluding transport costs. On the same product, the price may vary depending on the quantities chosen. The transport costs vary according to the delivery method chosen by the customer, the quantity chosen by the customer, and according to the country of delivery. The delivery rates applicable when ordering are available on the site.
The company LA CAVE ÉCLAIRÉE reserves the right to modify its selling prices at any time.
All promotional operations (vouchers, discount vouchers, partner discounts, etc.) are limited to one person per household and per operation. LA CAVE ÉCLAIRÉE reserves the right to refuse orders that do not meet this criterion.
Article 5: Delivery
National delivery: Upon receipt of payment for the order, LA CAVE ÉCLAIRÉE launches transport operations. The delivery of the items ordered is made to the address provided by the customer. The information provided by the customer is binding on him. In the event of an error or lack of information resulting in a defect or absence of delivery, the company LA CAVE ÉCLAIRÉE cannot be held responsible. In case of return for incomplete address, the customer will have the possibility either to modify his address and to have the goods reshipped by bearing the new return costs, or to be reimbursed for the order deducting the initial shipping costs.
Community delivery: Concerning the customer wishing to be delivered in an EU country where LA CAVE ÉCLAIRÉE is able to deliver, in the same way as a national delivery, the company LA CAVE ÉCLAIRÉE is also responsible for the delivery of its products.
Delivery & shipping costs
EXCEPTIONS : FREE delivery from €90 of purchases for all orders delivered to the 7th, 8th, 15th and 16th Parisian districts : 7th, 8th, 15th and 16th.
Pickup point : shipping within 48h, delivery from 1 to 3 working days, from Monday to Friday before 6 PM.
Standard home delivery : shipping within 48h, delivery from Monday to Friday before 6 PM.
-Delivery from 1 to 3 working days for metropolitan France, Germany, Belgium, Luxembourg, The Netherlands, Spain and Italy.
-Delivery from 2 to 5 working days for Austria, Denmark, Ireland, Hungary, Portugal, Poland, Czech Republic, Slovakia and Slovenia.
-Delivery from 3 to 7 working days for Bulgaria, Greece, Estonia, Latvia, Lithuania and Romania.
Express home delivery : shipping within 24h and delivery the next working day from Monday to Friday before 6 PM.
Local pickup : within 24h, from Monday to Friday, 9 AM to 1 PM and 2 PM to 6 PM (5 PM on Fridays)
LA CAVE ÉCLAIRÉE undertakes to make every effort to deliver the products ordered as soon as possible.Deadlines vary depending on the delivery method chosen and the country of destination of the goods. If the products in the order have different delivery times, it is the longest delivery time that applies to the entire order. It should be noted that the times mentioned at the time of placing the order on the site are estimated and to be heard AFTER THE SHIPPING of the order.
ATTENTION: IN CASE OF DAMAGE OR BREAKAGE
IMPORTANT: the carrier is responsible for the integrity of the package during delivery. It is up to the customer to check the contents of the package at the time of receipt and to formulate precise and reasoned reservations stipulating the damage, if necessary, by writing them on the delivery slip or the electronic box provided by the carrier. The customer also has the option of refusing the package if its integrity has not been preserved.
In all cases, the customer must inform the company LA CAVE ÉCLAIRÉE within 48 hours maximum after receipt of the package by email at the address maxime@lacave-eclairee.fr ou by telephone at 06.88.2055.65.
If all the previous conditions are met, the company LA CAVE ÉCLAIRÉE undertakes to offer the customer a credit note or a refund to the injured customer as well as a reshipment of the goods if desired by the customer .
Article 6: Stock and Out of Stock
In case of out of stock on a product ordered, LA CAVE ÉCLAIRÉE undertakes to keep its customers informed as soon as possible and will offer various alternatives to them:
-The replacement of the product out of stock by the following vintage or by an equivalent or higher quality product under the same price conditions.
-Reimbursement of the unavailable product(s) or the entire order according to the customer's choice.
In the case of a temporary shortage, the customer will be offered the choice to wait until the restocking date that will be indicated to him. The customer will have the possibility to accept and wait to receive his entire order, request the partial or complete cancellation of his order.
Article 7: Business Operations and Benefits
All of the promotional offers presented on the site www.lacave-eclairee.fr are subject to specific conditions. Indeed, these operations can be committed over a period of time, on a stock, availability or quantity limit. At the end of the offer, the products are subject to change in price. As a result, the customer benefits from this offer over a period of time and once the latter has expired, LA CAVE ÉCLAIRÉE cannot undertake to offer the same advantages to the customer on another future order.
Article 8 : Right of withdrawal
Conditions
The customer is entitled to withdraw from this contract without giving any reason within 14 days.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise this right of withdrawal, the customer must notify LA CAVE ÉCLAIRÉE of his decision to withdraw by means of an unambiguous statement (for example by e-mail or letter sent by post).
Retraction Effects
In the event of withdrawal from this contract, LA CAVE ÉCLAIRÉE undertakes to reimburse all payments received from the customer, including delivery costs (with the exception of additional costs arising from the fact that the customer has chosen a delivery method other than the least expensive standard delivery method that we offer), without undue delay and no later than fourteen days from the day on which LA CAVE ÉCLAIRÉE is informed of the customer's decision to withdraw from this contract.
We will refund using the same means of payment as the customer used for the initial transaction, unless a different means is expressly agreed between the two parties. The refund will not incur any costs for the customer. The latter may be deferred until we have received the goods or until the customer has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
The customer must return the goods personally or return it to the following address: À L'ATTENTION DE LA CAVE ÉCLAIRÉE - SOCIÉTÉ iCAVE – 5 CHEMIN DES MONTQUARTIERS – 92130 ISSY-LES-MOULINEAUX without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.
The costs of returning the goods are borne by LA CAVE ÉCLAIRÉE if all the preceding conditions are met.
The customer is only liable for the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this property. In the event that certain products have been started or consumed, LA CAVE ÉCLAIRÉE will have the right to deduct these products from the reimbursement made to the buyer.
Article 9: Applicable law and dispute resolution
Consumer Mediation Service:
Amicable settlement of disputes between the professional and the consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Code of consumption.
In the event of an unresolved dispute between the Professional and the Consumer, the consumer has the possibility of seizing the consumer mediator.
Before approaching the consumer ombudsman, the consumer must have already tried to resolve his dispute directly with the professional through a written complaint or have made a complaint under the terms of the contract concluded with the professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, consumer mediation will take place according to a specific process and according to the texts in force.
To contact the consumer mediator: MEDIATION – LIVING BETTER TOGETHER Site address: www.mediation-vivons-mieux-ensemble.fr
Mediator address: 465 avenue de la Liberation 54 000 NANCY
Important : Never send defective, disputed or refundable items to the consumer mediator
Never send the original documents to the consumer mediator.
Please make photocopies
European online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
Fraud and chargebacks
In the event of a fraudulent order (theft of a bank card, theft of banking data, etc.), the customer can request a refund from their bank. The latter can then make a chargeback request from la CAVE ECLAIREE.
In the event that LA CAVE ECLAIREE is able to prove the correct delivery of the order thanks to an official tracking document from UPS, Chronopost or Mail Boxes Etc. (MBE), the customer's bank cannot then hold LA CAVE ECLAIREE responsible for the fraud.
Consequently, the chargeback will have to be closed in favor of LA CAVE ECLAIREE and no money can be withdrawn from the company, whether from its bank account or via Shopify.
In the event that LA CAVE ECLAIREE is not able to prove the correct delivery of the order, the chargeback may then be closed in favor of the customer and LA CAVE ECLAIREE will reimburse the amount of the order to the customer's bank.
Applicable law and competent jurisdiction
These general conditions of sale are governed by French law. If any of the clauses of these conditions prove to be null and void, this will not affect the validity or the respect of these conditions. In the event of persistent disagreement concerning these present conditions and in the absence of an amicable agreement, any dispute will be subject to the competent French courts.
Reimbursement deadlines
In the event of reimbursement following a dispute, we undertake to reimburse you the amount agreed with our customer service without undue delay and no later than fourteen days from the day on which you agreed in writing to this reimbursement with our customer service. In the event of a refund in exchange for a return of goods, we may withhold the refund until we have received the goods or until you have provided a proof of dispatch of the goods in return, the date retained being that of the first of these facts. For refunds by credit card, be aware that interbank delays may shift the actual credit on your account by a few days.
Article 10 : Protection of minors
The provision of the Public Health Code concerning the sale of alcohol to minors has been amended in article 93 of the HPST law. The sale of alcohol is prohibited to persons under 18 years of age.
When registering, the customer must acknowledge that he is of legal age. In addition, with each order, during validation and before payment, the customer by accepting these T&Cs will again recognize his majority.
Article 11 : Data Protection
The site www.lacave-eclairee.fr has been declared to the CNIL. In accordance with the law n ° 78-17 of January 6, 1978, relating to Data processing, Files and Freedoms, you have a right of access, rectification and deletion of the personal data concerning you and making subject to processing under the responsibility of LA CAVE ÉCLAIRÉE. You can exercise it by contacting us by mail or email. This site has been declared to the CNIL.
In order to meet customer needs and ensure optimal remote service, LA CAVE ÉCLAIRÉE is required to record certain personal data (surname, first name, address). This information is intended exclusively for LA CAVE ÉCLAIRÉE.
Credit card payments are secured by an online payment system with SSL standards. In addition, all the banking information that you communicate to us, during your online purchase, is neither stored nor visible on the Internet. LA CAVE ÉCLAIRÉE certifies the confidentiality of your data.
Article 12 : Visuals
The photos and illustrations used on the site are non-contractual. The images and photographs are the exclusive property of LA CAVE ÉCLAIRÉE and are not free of rights.
ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH, DRINK IN MODERATION.