Terms and Conditions of Sale
Article 1: Company
La Cave Éclairée is a Simplified Joint Stock Company with a share capital of €1000, headquartered at 87 rue du théâtre, 75015 PARIS.
The company, represented by Mr. Maxime AZOULAY, is registered with the Paris Trade and Companies Register under number 894 424 217.
Intra-community VAT: FR75894424217
Publication Director: Maxime AZOULAY
Article 2: Application of these general terms and conditions of sale
The general terms and conditions as 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 phone.To know the terms of their order, the customer can click at any time, even before placing an order, on "Terms and Conditions of Sale".
Placing an order implies the customer's full and unrestricted adherence to the various clauses presented in these T&Cs. Only a written agreement stipulating special conditions between both parties can be accepted; otherwise, these conditions as presented are fully applicable in the existing contractual relations between the Customer and the company LA CAVE ÉCLAIRÉE
The customer declares before confirming their order that they have accepted these T&Cs and consequently, fully adhere to them.
Article 3: Order Methods
Orders can be placed on the website www.lacave-eclairee.fr or by phone with an officially employed representative of the company La Cave Éclairée.
For orders placed on the website, the customer creates a cart by selecting the number of products they wish to purchase. Once their selection is made, the customer confirms their cart and payment method.
By proceeding with the payment of the products, the orders then become final, and the customer also accepts the GTC of La Cave Éclairée.
LA CAVE ÉCLAIRÉE is entitled to request identity and address proof (K-bis extract, intra-community VAT number for legal entities) from the client to validate the order. If the client refuses or if the documents are non-compliant, LA CAVE ÉCLAIRÉE may refuse and cancel the order. Similarly, if the client does not wish to undergo this verification, the order may be canceled.
LA CAVE ÉCLAIRÉE is also entitled to cancel certain orders if it considers that they present various anomalies and irregularities (doubts about the client's identity, identity theft, creation of irregular accounts, etc.).
At the client's request, an invoice can be sent to them by email or to their billing address.An order confirmation is sent by email.
In accordance with the terms of law no. 80 336 of May 1, 1980, regarding 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, with the transfer of possession constituting a transfer of risks.
Article 4: Payment Methods and Prices
A: Payment Methods:
Payment for the 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 proceed with the shipment of the order once the amount is credited to its bank account.
Bank Cards:
Cards bearing the CB, VISA, EUROCARD, MASTERCARD, or AMERICAN EXPRESS logo are accepted.
Checks:
Checks in Euros (€) only and domiciled in France only. Made payable to LA CAVE ÉCLAIRÉE at our headquarters: 87 rue du théâtre, 75015 PARIS.
Due to unpaid checks, LA CAVE ÉCLAIRÉE may request additional information from its client before accepting payment by check.
Bank transfer:
Transfer order to the following bank account:
BOURSOBANK - LA CAVE ÉCLAIRÉE
IBAN : FR76 4061 8804 6600 0408 5685 565
BIC/SWIFT : BOUS FRPP XXX
B: PRICE:
The 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 exclusive of transport costs. For the same product, the price may vary depending on the quantities chosen.The shipping cost varies depending on the delivery method chosen by the customer, the quantity chosen by the customer, and the delivery country. The applicable delivery rates at the time of order are available on the website.
The company LA CAVE ÉCLAIRÉE reserves the right to modify its sales prices at any time.
All promotional operations (vouchers, discount coupons, partner discounts...) 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 initiates transport operations. The delivery of the ordered items is made to the address provided by the customer. The information provided by the customer is binding. In case of error or lack of information leading to a failure or absence of delivery, the company LA CAVE ÉCLAIRÉE cannot be held responsible. In case of return due to incomplete address, the customer will have the option either to modify their address and have the goods reshipped at their own expense for the new shipping costs, or to be refunded for the order minus the initial shipping costs.
Community Delivery: For customers wishing to have their orders delivered to an EU country where LA CAVE ÉCLAIRÉE is capable of delivering, just like a national delivery, the company LA CAVE ÉCLAIRÉE also takes care of the transportation of its products.
DELIVERY & SHIPPING COSTS
✔️ Delivery is free from €500 of purchases for any order delivered in mainland France.
Delivery times
The company LA CAVE ÉCLAIRÉE is committed to doing everything possible to deliver the ordered products as quickly as possible. The delivery times vary depending on the chosen delivery method and the destination country of the goods.
It should be noted that the times mentioned when placing the order on the site are estimates and should be understood as AFTER THE DISPATCH of the order.
Pickup point: dispatch within a maximum of 48 hours, delivery within 1 to 3 business days, Monday to Friday before 6 p.m.
Standard home delivery : shipping within a maximum of 48 hours for all orders.
-Delivery within 1 to 3 business days for mainland France as well as Germany, Belgium, Luxembourg, the Netherlands, Spain, and Italy.
-Delivery within 2 to 5 business days for Austria, Denmark, Ireland, Hungary, Portugal, Poland, the Czech Republic, Slovakia, and Slovenia.
-Delivery within 3 to 7 business days for Bulgaria, Greece, Estonia, Finland, Latvia, Lithuania, and Romania.
Express home delivery: shipment within 24 hours and delivery the next business day from Monday to Friday before 6 PM.
On-site pickup: Order available within 24 hours with pickup possible from Monday to Friday from 9 AM to 1 PM and from 2 PM to 6 PM (5 PM on Friday).
ATTENTION: IN CASE OF DAMAGE OR BREAKAGE
IMPORTANT: the carrier is responsible for the integrity of the package during delivery. It is the customer's responsibility to check the contents of the package upon receipt and to make specific and justified reservations stating the damage, if any, by noting them on the delivery slip or the electronic device provided by the carrier.The customer also has the option to refuse the package if its integrity has not been preserved.
In any case, the customer must notify the company LA CAVE ÉCLAIRÉE within 48 hours maximum after receiving the package by email at the address maxime@lacave-eclairee.fr ou or by phone at 06.88.20.55.65.
If all the previous conditions are met, the company LA CAVE ÉCLAIRÉE commits to offering the customer a credit or a refund to the affected customer as well as a reshipment of the goods if desired by the customer.
Article 6: Stock and Stock Shortage
In the event of a stock shortage on an ordered product, LA CAVE ÉCLAIRÉE commits to informing its customers as soon as possible and will offer them various alternatives:
-Replacement of the out-of-stock product with the next vintage or with an equivalent or superior quality product under the same pricing conditions.
-Refund 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, which will be communicated to them.The customer will have the option to accept and wait to receive their entire order, request a partial or full cancellation of their order.
Article 7: Commercial Operations and Benefits
All promotional offers presented on the site www.lacave-eclairee.fr are subject to specific conditions. Indeed, these operations may be limited by time, stock availability, or quantity. At the end of the offer, product prices may change. Therefore, the customer benefits from this offer within a time frame, and once it has expired, LA CAVE ÉCLAIRÉE cannot commit to offering the same benefits 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 indicated by you, physically take possession of the goods.
To exercise this right of withdrawal, the customer must notify LA CAVE ÉCLAIRÉE of their decision to withdraw by means of an unambiguous statement (e.g., by email or letter sent by post).
Effects of Withdrawal
In the event of withdrawal from this contract, LA CAVE ÉCLAIRÉE undertakes to reimburse all payments received from the customer, including delivery costs (except for additional costs resulting from the customer choosing a delivery method other than the least expensive standard delivery method we offer), without undue delay and at the latest fourteen days from the day on which LA CAVE ÉCLAIRÉE is informed of the customer's decision to withdraw from this contract.
We will proceed with the reimbursement using the same means of payment that the customer used for the initial transaction, unless it is expressly agreed upon a different means between the two parties.The refund will incur no fees for the customer. It may be deferred until we have received the item or until the customer has provided proof of shipment of the item, whichever date is earlier. The customer must return the item in person or send it back to the following address: SOCIÉTÉ iCAVE - ATTENTION TO LA CAVE ÉCLAIRÉE – 5 CHEMIN DES MONTQUARTIERS – 92130 ISSY-LES-MOULINEAUX without undue delay and, in any case, no later than fourteen days after you have communicated your decision to withdraw from this contract. This deadline is considered met if you send back the item before the fourteen-day period expires.
The return shipping costs of the goods are the responsibility of LA CAVE ÉCLAIRÉE if all the previous conditions are met.
The customer's responsibility is only engaged with respect to the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods. In the event that certain products have been opened or consumed, LA CAVE ÉCLAIRÉE reserves the right to deduct these products from the refund 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 Consumer Code.
In the event of an unresolved dispute between the Professional and the Consumer, the consumer has the option to refer the matter to the consumer mediator.Before contacting the consumer mediator, the consumer must have already attempted to resolve the dispute directly with the professional through a written complaint or have made a complaint according to 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 in accordance with the applicable regulations.
To contact the consumer mediator: MEDIATION – VIVONS MIEUX ENSEMBLE Website address: www.mediation-vivons-mieux-ensemble.fr
Mediator's address: 465 avenue de la Libération 54 000 NANCY
Important : Never send defective, disputed, or refundable items to the consumer mediator. Never send 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 chargeback
In case of a fraudulent order (credit card theft, bank data theft, etc.), the customer can request a refund from their bank.The latter can then make a chargeback request to LA CAVE ECLAIREE.
In the event that LA CAVE ECLAIREE is able to prove the proper delivery of the order through an official tracking document from Chronopost, UPS, or Mail Boxes Etc. (MBE), the client's bank will not be able to hold LA CAVE ECLAIREE responsible for the fraud.
Consequently, the initiated chargeback must 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 unable to prove the proper delivery of the order, the chargeback may then be closed in favor of the customer and LA CAVE ECLAIREE will refund the order amount to the customer's bank.
Applicable Law and Competent Jurisdiction
These general terms and conditions of sale are governed by French law. If any of the clauses of these conditions are found to be null and void, this will not affect the validity or compliance with these conditions. In the event of a persistent disagreement regarding these conditions and in the absence of an amicable agreement, any dispute will fall under the jurisdiction of the competent French courts.
Refund Deadlines
In the event of a refund following a dispute, we commit to refunding the amount agreed upon with our customer service without undue delay and no later than fourteen days from the day you have agreed in writing to this refund with our customer service. In the case of a refund in exchange for a return of goods, we may defer the refund until we have received the goods or until you have provided proof of shipment of the returned goods, whichever is the earlier.For credit card refunds, please be aware that interbank processing times may delay the actual credit to your account by a few days.
Article 10 : Protection of Minors
The provisions of the Public Health Code regarding the sale of alcohol to minors have been amended in Article 93 of the HPST law. The sale of alcohol is prohibited to those under 18 years of age.
Upon registration, the customer must acknowledge their age of majority. Additionally, with each order, during validation and before payment, by accepting these present GTC, the customer will again acknowledge their age of majority.
Article 11 : Data Protection
The site www.lacave-eclairee.fr is registered with the CNIL. In accordance with Law No. 78-17 of January 6, 1978, relating to Information Technology, Files, and Freedoms, you have the right to access, rectify, and delete personal data concerning you and being processed under the responsibility of LA CAVE ÉCLAIRÉE. You can exercise this right by contacting us by mail or email. This site is registered with the CNIL.
In order to meet customer needs and ensure optimal remote service, the company LA CAVE ÉCLAIRÉE is required to record certain personal data (name, first name, address). This information is intended exclusively for LA CAVE ÉCLAIRÉE.
Credit card payments are secured by an online payment system compliant with SSL standards. Furthermore, all banking information you provide us during your online purchase is neither stored nor visible on the Internet. LA CAVE ÉCLAIRÉE guarantees 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 royalty-free.
ALCOHOL ABUSE IS DANGEROUS FOR HEALTH, CONSUME WITH MODERATION.