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Terms and Conditions of Sale (CGV) – SASU SELECTION SOMMELIER

Legal Information: (Articles L3322-2, L3342-4, L3323-2 of the French Public Health Code)

  • Alcohol abuse is dangerous for health; consume with moderation.
  • Alcohol should not be consumed by pregnant women.
  • The sale of alcohol is prohibited to minors. By placing an order on this site, you certify that you are of legal age and have the legal capacity to purchase alcoholic beverages.

General Information:
The photos of the bottles on the site are not contractual. It is possible that the vintage or label design differs between the site’s photograph and the actual bottles in stock. In case a given vintage is out of stock, we will supply the next available vintage for the same wine.

1. Purpose

The company SASU SELECTION SOMMELIER (hereafter “the Seller”) is registered with the RCS (Registre du Commerce et des Sociétés) of Grenoble under SIREN number 825 183 932.

  • Company Name: SELECTION SOMMELIER
  • SIREN Number: 825 183 932
  • SIRET Number: 825 183 932 00011 (head office)
  • VAT Number: FR64 825183932
  • RCS Registry: Grenoble (Code NAF/APE: 4791B)
  • Legal Form: SAS (Société par Actions Simplifiée)
  • Date of Registration: 13/01/2017
  • Company Size: SME (PME)
  • Share Capital: €5,000
  • Registered Address: 27 rue de la Ronzy, 38640 Claix, France

These general terms and conditions of sale are intended to define the rights and obligations of the parties in the context of online sales of goods offered by the Seller to the consumer.

2. Order Confirmation and Proof of Transaction

Order Confirmation: The contractual information (details of the order) will be confirmed by email to the address provided by the consumer on the order form.

Proof of Transaction: The computerized registers kept in the Seller’s IT systems under reasonable security conditions will be considered as proof of communications, orders, and payments that occur between the parties. The Seller will archive order forms and invoices on a reliable and durable medium that can be produced as evidence in case of dispute.

3. Product Information

All efforts have been made to ensure the accuracy of the information presented on the Seller’s website. However, the Seller and its suppliers shall not be liable for any consequences, incidents, or special damages arising from electronic transmission of information or from the accuracy of information transmitted, even if the Seller was aware of the possibility of such damages. Product names and brand names are used only for identification purposes. The photographs, descriptions, and prices of the products are not contractual.

4. Duration of Offer and Price Validity

Our prices are valid for the day on which they are displayed (subject to change thereafter). Prices may be updated at any time by the Seller.

5. Delivery

Products are delivered to the address indicated by the consumer on the order form, and only to the geographic zones that we service. All products leave our premises in perfect condition. Upon receipt of the goods, the customer must check the condition of the package in the presence of the carrier. Any slightest sign of damage (e.g. holes, crush marks, etc.) must be noted on the delivery slip as specific handwritten reservations, accompanied by the customer’s signature. If the package is significantly damaged, the customer should refuse the delivery. In case of a refused or damaged shipment, an identical replacement product will be sent to the customer at no additional cost.

Any delay in delivery or lost package: As with any shipment, it is possible that a parcel may be delayed or get lost in transit. In such a case, the Seller will contact the carrier to initiate an investigation. All efforts will be made, for as long as necessary, to locate the parcel. If the parcel cannot be found, the carrier will reimburse the Seller, and the Seller will resend an identical product at its own expense to the customer.

The Seller disclaims any liability for extended delivery times caused by the carrier, particularly in cases of product loss, weather delays, or strikes.

6. Delivery Issues

Damage or Missing Items: In the event of any anomaly upon delivery (damage, missing product as compared to the delivery slip, damaged package, broken products, etc.), the consumer must note the problem on the delivery slip in the form of handwritten reserves with their signature, as described above. The consumer must also confirm this issue by sending a registered letter with acknowledgment of receipt to the carrier within two (2) working days following the delivery date, detailing the claims. A copy of this letter must be sent to the Seller at the Seller’s address. No exchange or claim can be honored if these conditions are not met and if the damage is not duly noted upon delivery.

Error in Delivery or Non-Conformity: The consumer must submit to the Seller, on the day of delivery or at the latest on the first business day following delivery, any claim concerning a delivery error or a product not conforming in nature or quality to the order. Beyond this period, any claim will be rejected. Claims to the Seller can be addressed to the Seller’s business address (as given in section 1).

In case of a delivery error or an exchange, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, in perfect condition for resale, to the Seller’s address. To be accepted, any return must first be reported to the Seller and have the Seller’s prior consent. Upon approval, the Seller will provide instructions for returning the product, and the product should be sent to the correct address as indicated.

Return Shipping Costs: In the event of an error or non-conformity for which the Seller is at fault, return shipping costs shall be borne by the Seller. However, if the returned product does not correspond to the reason for return stated by the consumer (for example, the product is found to conform to the order or the reason given for return is not accurate), then the return shipping costs will be charged to the consumer.

7. Product Warranty

The provisions of these terms cannot deprive the consumer of the legal warranty under French law, which requires the professional seller to warrant against all consequences of hidden defects of the item sold.

The consumer is expressly informed that the Seller is not the manufacturer of the products featured on the Seller’s website. The Seller shall not be held liable for any damage caused by product defects. In case of injury or damage caused to a person or property by a defective product, only the manufacturer of the product may be held liable by the consumer, based on the information on the product’s packaging.

The duration of the warranty for products sold by the Seller is one (1) year. Products that have been modified or repaired by the customer or by any party not authorized by the Seller are excluded from this warranty.

The warranty may be extended beyond one year only if specifically provided for under conditions advertised in-store or on the website (for example, in a dedicated “workshop” or service section).

8. Right of Withdrawal

The right of withdrawal (cooling-off period) applies only to natural persons (consumers), not to business or institutional buyers. In accordance with Article L. 120-20 of the French Consumer Code, the consumer has a period of fourteen (14) calendar days to return, at their own expense, any products that do not satisfy them. This withdrawal period starts from the day of receipt of the consumer’s order. Before returning a product, the consumer may contact the Seller’s customer service to inform them of the return. The product must then be returned to the Seller’s address.

For certain sensitive products (such as DVDs, CDs, software), the right of withdrawal can only be exercised if the product has not been unsealed (the seal or packaging remains intact), so that the consumer may benefit from the right of withdrawal.

Only products returned in their entirety, in their original complete and intact packaging, and in perfect condition for resale will be accepted for return. Any product that has been damaged or whose original packaging has been deteriorated (beyond what is necessary to open the package) will neither be refunded nor exchanged. The right of withdrawal is exercised without penalty, with the exception of return shipping costs (and initial shipping costs, if any, which remain the consumer’s responsibility).

If the consumer exercises the right of withdrawal, they may choose either a refund of the amounts paid or an exchange for an equivalent product. In the case of an exchange, the reshipment of the new product will be at the consumer’s expense.

The Seller will make every effort to reimburse the consumer within fourteen (14) days of receiving the returned product when the right of withdrawal is exercised.

9. Rights of Use (Intellectual Property)

All trademarks, logos, and brand names displayed on the Seller’s website are the property of their respective holders. The use of any trademarks or content present on the site by the consumer is strictly prohibited. Any unauthorized use may result in legal action for infringement of intellectual property rights.

10. Force Majeure

None of the parties shall be considered to have defaulted on their contractual obligations if the performance of those obligations is delayed, hindered, or prevented by an event of force majeure (an unforeseeable circumstance or event beyond the control of the parties). A force majeure event is understood to be any irresistible, external, and unforeseeable event beyond the parties’ control, which could not be prevented by the parties despite all reasonable efforts.

The party affected by such an event must notify the other party within ten working days from the date on which it becomes aware of the force majeure event. The parties shall then confer within a maximum of three months (except if impossible due to the force majeure event) to evaluate the impact of the event and agree on how the contract will be continued or if it should be terminated. If the force majeure event lasts longer than one (1) month, each party shall have the right to terminate the present terms and conditions by notifying the other party in writing.

By express agreement, in addition to those usually recognized by the jurisprudence of French courts, the following are considered cases of force majeure or fortuitous events: blockade of transportation means, earthquake, fire, storm, flood, lightning, and the shutdown of telecommunication networks or difficulties affecting telecommunication networks external to the parties (for example, external network outages).

11. Partial Invalidity

If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, the remaining provisions shall retain their full force and effect. The invalidated clause will be deemed severable and the rest of the agreement will continue to bind the parties.

12. No Waiver

If either party does not enforce a provision of these terms or fails to require the other party’s performance of any obligation under these terms, this shall not be interpreted in the future as a waiver of the right to enforce that provision or any other provision of the agreement. In other words, no tolerance or inaction by either party shall prejudice its rights at a later time.

13. Applicable Law and Disputes

These general terms and conditions are governed by French law. This applies to both substantive and procedural rules. In case of a dispute or claim, the consumer agrees to first seek an amicable resolution by contacting the Seller directly.

If no amicable solution is reached and the customer is a business or legal entity, any dispute relating to the sale (price, terms and conditions, products, etc.) falls under the exclusive jurisdiction of the Commercial Court of the Seller’s registered office, with French law being applicable. Consumers (individuals) may pursue legal action in accordance with applicable law and jurisdiction provisions, after attempting to resolve the matter amicably as stated above.

14. Protection of Personal Data

All personal data that the consumer entrusts to the Seller is used exclusively to process orders and provide services. In accordance with French Law No. 78-17 of 6 January 1978 (known as the “Informatique et Libertés” law on data processing, files, and individual liberties), the customer has the right to access, rectify, modify, or delete any personal information provided to the Seller. This right can be exercised by contacting the Seller directly, and it can also be exercised online (for example, via email or through the Seller’s website).

15. Payment

All payments for orders must be made to the account of SELECTION SOMMELIER.

  • Account Holder: SELECTION SOMMELIER, 27 rue de la Ronzy, 38640 Claix, France.
  • Bank transfer
  • Accepted Payment Methods: Secure credit card payment via Stripe, and PayPal.
 
 
 
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