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AND TERMS OF SALES
Article 1: Preamble
These General Conditions of Sale of the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY define the rights and obligations of the parties in the context of the sale of products by the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY through its online sales site www. .je-veux-ce-vin.com. The consumer is deemed to accept without reservation all the provisions provided for in these said conditions. The Company OENOTHÈQUE CONSEILS - PHILIPPE ROY undertakes for its part to respect its role as a reseller under these same conditions. In addition, these conditions apply to the exclusion of all other conditions.
This site and its content are exclusively reserved for adults.
Article 2: Characteristics of the goods and services offered
The products and services offered are those listed in the catalog published on the website www.je-veux-ce-vin.com.
2.1 – Type of product
Product and price offers are valid as long as they are visible on the site, within the limits of available stocks.
In case of unavailability of products after placing the order, the customer will be informed by e-mail or telephone.
The Seller will offer him the supply of a similar product at the same price. In the absence of acceptance, and if the debit of the payment has already taken place, it will proceed to its reimbursement within a maximum period of 11 days.
2.2 – Catalog
The photos, texts, remarks, information or characteristics of the products appearing in the catalog are given for information only.
They are not contractual and in no way bind the company OENOTHÈQUE CONSEILS - PHILIPPE ROY in the event of an error.
The photographs in the catalog are as faithful as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colors.
These products and services are offered within the limits of available stocks.
2.3 – Tariff
The prices are indicated in Euros and all taxes included.
The prices are valid as long as they are visible on the site, within the limit of available stocks. The Seller reserves the right to modify the prices at any time and undertakes to apply the price in force on the date of validation of the order, subject to the availability of the product ordered on this date.
Article 3: Order
3.1 - Consumer data
The customer can place an order
- by creating an account and may benefit from commercial discounts if the latter has opted to receive newsletters.
- as a guest, that is to say that the information will not be kept, it will be used to send the package.
The consumer must check the completeness and conformity of the information concerning the delivery address, telephone number that he provides to the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY. The latter cannot be held responsible for any input errors and the consequences that would result from them, such as a delay and/or a delivery error. In this context, if the goods cannot be delivered to the buyer and are returned to the Company by the carrier, the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY will either propose a new shipment at the buyer's expense, or cancellation of the order and reimbursement of the price of the products ordered, the shipping costs remaining the responsibility of the buyer.
3.2 - Non-execution of the order
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption, total or partial strike, in particular of the postal services and means transport and/or communications, flood, fire, containment or other. The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company will not incur any liability for any consequential damages as a result of these presents, operating loss, loss of profit, loss of opportunity, damages or costs, which may arise from the purchase of the products. .
In the event of unavailability of the product ordered, in particular due to suppliers and/or manufacturers, the consumer will be informed as soon as possible and will have the possibility of canceling his order. The consumer will obtain reimbursement of the sums collected (intervening within 30 days at the latest following the date of cancellation of the order). If it is impossible to exchange, the OENOTHÈQUE CONSEILS - PHILIPPE ROY Company reserves the right to cancel the consumer's order and reimburse the sums collected.
3.3 - Participation in shipping costs
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company reserves the right to charge the consumer a flat-rate contribution corresponding to the shipping costs. This requested participation will be clearly stipulated on the site.
3.4 - Execution of the command
The order will be processed at the latest within 2 to 3 days (excluding weekends and public holidays) from its date of final validation by the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY (means of payment received and verification procedure of order made).
In case of delay, the customer will be notified by email, the order can then be refunded free of charge.
3.5 - Proof of order
The data recorded by the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY constitutes proof of all transactions carried out between the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY and its contractors. The archiving of purchase orders and invoices will be carried out on a reliable and durable medium that can be legally produced in the event of a dispute.
3.6 - Validation of the order
When you click on the button "VALIDATE MY ORDER" after the order process, you declare to accept this one as well as the entirety of the present General Conditions of Sale fully and without reserve.
3.7 - Cancellation of the order
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company 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.
3.8 - The seller reserves the right, in the event of a stock shortage, to replace a product with another similar one.
Article 4: Payment
4.1 - Approval
Payments by credit card are cashed as soon as the order is processed by OENOTHÈQUE CONSEILS - PHILIPPE ROY. Payments by credit card are subject to the same collection conditions apart from specific and/or occasional payment offers offered on the website.
4.2 - Solvency of the consumer
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company recommends that consumers ensure the solvency of their payment before validating their order on the site. The Company OENOTHÈQUE CONSEILS - PHILIPPE ROY reminds the consumer that any payment by credit card passes through a secure system and that no credit card number is kept in its files.
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company reserves the right to suspend any order management or any delivery in the event of refusal of payment authorization by financial institutions.
The Company OENOTHÈQUE CONSEILS - PHILIPPE ROY has set up an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. However, the consumer remains advised that the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY cannot be held responsible for any embezzlement or fraudulent use of any means of payment that would not have been detected by the verification procedure.
4.3 - Method of payment
To pay for his order, the consumer has his choice of all the payment methods offered during the final validation of the order form. Availability and shipping times will be recalculated from the date of registration of the means of payment.
Payment for your purchases is made:
Payment by PayPal online credit card, or Payplug
4.4 - Full payment
Full payment must be made when ordering, unless specific offer indicated on the site. At no time can the sums collected be considered as a deposit or down payment.
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company specifically reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid for a previous order, or with whom a dispute over payment would remain.
Article 5: Transfer of ownership
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company retains full and complete ownership of the products sold until full payment of all sums owed by the consumer in connection with his order, including costs and taxes.
Article 6: Delivery
6.1 - General
An order will be considered settled when all the products have been dispatched and the consumer has paid in full for the payment of the products and their contribution to the shipping costs.
6.2 - Terms
The products will be sent to the address indicated by the consumer on the order form.
Shipping Time: Usually 1-3 business days.
In the event of a longer delay, the customer will be contacted by email or sms or telephone.
The Company OENOTHÈQUE CONSEILS - PHILIPPE ROY reminds the consumer that he is required to ensure that he has mentioned all the information useful for the delivery of his order.
Delivery method: post colissimo.
OENOTHÈQUE CONSEILS - PHILIPPE ROY cannot be held responsible in the event of late delivery or non-return of the order by the delivery company.
In the event of non-receipt of a shipment or in the event of loss during delivery, the customer may request reimbursement.
This will not be possible before a period of one month for a shipment in France and two months for a shipment outside France.
Article 7: Reception
7.1 – Terms
The consumer must formulate with the Customer Service of the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY, within two working days following the date of receipt of the package, any complaint of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form. Any complaint made beyond this period will be rejected without the possibility of recourse for the consumer.
7.2 - Product conformity
The consumer may make this complaint according to the terms and conditions, with the Customer Service of L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY by email: from the home page of our site, Contact section. The consumer must precisely describe the reasons justifying the non-compliance.
Article 8: Right of withdrawal
8.1 - General
In accordance with article L121-20 of the Consumer Code, the consumer has a right of withdrawal for a period of fourteen (14) clear days starting from the day of receipt of the goods. The consumer then has a period of two (2) weeks to return the product to L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY at his own expense.
8.2 - Condition for exercising the right of withdrawal
The right of withdrawal is exercised by the Consumer on a discretionary basis.
The consumer, who returns the object, does not have to justify reasons, nor to pay penalty.
This right of withdrawal cannot be applied if the product(s) have obviously been opened. The products must imperatively be returned correctly, in their original packaging, in perfect condition for resale (undamaged, damaged or soiled, accompanied by any accessories, documentation, etc.) to the following address:
The company WINE LIBRARY ADVICE - PHILIPPE ROY - 21 avenue des Frères Lumière 95240 Cormeilles en Parisis
The consumer must also attach the original invoice to the return, of which he will keep a copy.
8.3 - Refund
The return of the products will give rise to a refund equal to the purchase price of the product as well as the shipping costs. Return costs are the responsibility of the consumer who has exercised the right of withdrawal.
The right of withdrawal can also be exercised from the order and before delivery. If it occurs when the product has been shipped, the return costs will be borne by the consumer.
As soon as the return has been processed, the OENOTHÈQUE CONSEILS - PHILIPPE ROY Company will contact the consumer to inform him that the exercise of his right has been taken into account. Reimbursement will be made either by check or by recrediting the Consumer's bank card. The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company undertakes to reimburse the Consumer within 30 days of receipt of the returned goods.
Section 9: Returns
9.1 - Prerequisites
The package includes insurance on the value of the objects transported. This insurance is only valid if you open the package in front of the delivery person and he finds any breakage or other transport-related defect. You must absolutely make reservations on the delivery note at the time of delivery. It is under this sole condition that we will be able to reimburse you and send you a second package free of charge.
9.1.1 - Product
Only returns in the conditions of the original packaging, with parts, accessories and various instructions, will be handled by OENOTHÈQUE CONSEILS - PHILIPPE ROY.
9.1.2 – Reporting
All returns must be notified in advance to the Customer Service of L’Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY. No return will be accepted without prior agreement materialized by the issuance of a number and a return agreement form.
9.1.3 - Deadline
The consumer can request an exchange or a credit note within 15 days of delivery. The return agreement is valid for a period of 8 working days. As of its allocation, the defective product must be returned to L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY in its original packaging, complete (accessories, guarantee coupon, notices, etc.) and accompanied by a copy of the invoice. or the delivery note and the detailed reason for return. The entire package must be protected by an overpack, also affixing the return form provided by L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY.
9.2 - Exchanges
There is no possibility of exchanges on perishable food products or when they are the subject of a commercial or promotional discount.
The product must be returned to L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY by post at the buyer's expense to the following address: L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY - 21 avenue des Frères Lumière 95240 Cormeilles en Parisis, respecting all the conditions of paragraph 9.1.3
If the consumer wishes to make an exchange, he must specify the reference of the article he wishes to obtain in exchange on the return form.
The costs of sending the new product are the responsibility of the consumer.
9.3 – Assets
The product must be returned to L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY by post at the buyer's expense to the following address: L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY - 21 avenue des Frères Lumière 95240 Cormeilles en Parisis, respecting all the conditions of paragraph 9.1.3
The consumer must indicate his desire to obtain a credit note on the return form.
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company will then establish a credit note for the consumer that he can deduct from his future orders.
Article 10: Product warranty
10.1 - Supplier guarantee in the case of wine-related accessories
The company OENOTHÈQUE CONSEILS - PHILIPPE ROY informs the consumer that the majority of suppliers require that the original packaging be kept in order to be covered by the guarantee.
In the case of a defective product during the warranty period, the consumer is invited to contact Customer Service who will tell him how to return his product. The warranty is only applicable within the framework of full payment of the order. As the duration of the after-sales service depends on the supplier, OENOTHÈQUE CONSEILS - PHILIPPE ROY cannot be held responsible. In the case of a non-repairable and non-replaceable product, OENOTHÈQUE CONSEILS - PHILIPPE ROY undertakes to provide a product of equivalent use and price if the supplier accepts.
The contractual warranties do not cover:
- replacement of consumables (batteries, etc.)
- abnormal or non-compliant use of the products. In this regard, we invite you to carefully consult the instructions for use supplied with the products,
- failures related to accessories (power cables, etc.),
- defects and their consequences due to the intervention of an unauthorized repairer,
- defects and their consequences related to use not in accordance with the use for which the product is intended (professional, collective use, etc.),
- defects and their consequences related to any external cause.
However, in any event, you benefit from the provisions of the legal guarantee, in particular those relating to the legal guarantee specified in the article above.
10.2 - Conditions
The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company guarantees the consumer, in respect of hidden defects that may affect the products delivered, in the context of the replacement of defective products, or parts rendering them unfit for use, or their reimbursement. The consumer is expressly informed that the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY is not the producer of the products presented within the framework of the website, within the meaning of law n°98-389 of May 19, 1998 and relating to the liability of the makes defective products.
Consequently, in the event of damage caused to a person or property by a defect in the product, only the producer of the product may be held liable by the consumer, and not the company OENOTHÈQUE CONSEILS - PHILIPPE ROY on the basis information on the packaging of said product.
Given the frequency of renewal of the components of technical products, the Company OENOTHÈQUE CONSEILS - PHILIPPE ROY may, on request, inform the consumer of the availability of spare parts for the products concerned or possibly of the procedures for obtaining them.
The transfer to the manufacturer and the return of the repaired product to the consumer will not be covered by L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY.
10.3 - Reporting
No return will be accepted without prior agreement materialized by the issuance of a number and a return agreement form. The defective product under warranty must be returned to OENOTHÈQUE CONSEILS - PHILIPPE ROY in its original packaging, complete (accessories, warranty coupon, manuals, etc.) and accompanied by a copy of the invoice or slip of delivery and a detailed description of the malfunction of the product. The entire package must be protected by an overpack, also affixing the return form provided by L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY. Any product whose failure results from negligence, mistreatment or inappropriate use (disrespect of the instructions for the installation and operation of the product, tampering, etc.), will irreversibly cancel the manufacturer's warranty. In this specific case, the product may be returned to the consumer as is, or repaired upon acceptance and prior payment of an estimate drawn up by the manufacturer. In both cases, shipping costs will apply in addition.
10.4 - Reimbursement of return costs
The consumer who has purchased a product which proves to be defective may request reimbursement of the shipping costs. Any request for reimbursement of shipping costs must be made by the consumer on receipts and within the limit of the cost of a shipment by registered colissimo with insurance, if necessary. Requests likely to be accepted by L'Entreprise OENOTHÈQUE CONSEILS - PHILIPPE ROY will only be accepted if the responsibility of the latter is called into question and if the product taken over corresponds to the original declaration made by the consumer and confirmed by the after-sales service
10.5 – Guarantee related to wines.
The consumer who has purchased a corked wine (case of less than one bottle in 100) must report this within 14 days of purchase.
No guarantee is possible as to the tasting of red wines over 8 years old, white wines over 4 years old and rosé wines over 3 years old.
The consumer will not be able to obtain a refund if a bottle fulfilling these conditions is deemed to be defective.
Article 11: Exemption from liability
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure.
Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts.
The party affected by such circumstances will notify the other within ten (10) working days following the date on which it becomes aware of them.
The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued.
If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French Courts and Tribunals:
- the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning.
- the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 12: Disputes
This contract is subject to French law. OENOTHÈQUE CONSEILS - PHILIPPE ROY cannot be held responsible for damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same applies to any modifications to the products resulting from the manufacturers. The liability of the OENOTHÈQUE CONSEILS - PHILIPPE ROY Company will, in any case, be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation. some products. In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution, in particular with the help of a professional association in the branch, a consumer association or any other counsel of his choice.
It is recalled that alcohol abuse is dangerous and that its consumption is prohibited for minors and must be moderate.
It is recalled that the search for an amicable solution does not interrupt the "brief period" of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the judgment of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors his financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.
Otherwise, the Commercial Court of the head office of Nanterre or Cergy will have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Disclaimer:
The products marketed by OENOTHÈQUE CONSEILS - PHILIPPE ROY do not require a prescription. Products based on natural ingredients are authorized for marketing. All figures mentioned in the content of its descriptions, as well as all suggestions for use are indicated for information purposes only, the results may vary from one individual to another. The OENOTHÈQUE CONSEILS - PHILIPPE ROY Company can therefore in no way be held responsible for a failure to achieve the expected results, and therefore excludes any form of reparation in such a case.