General terms and conditions of sale and legal notice
Acceptance of these general terms and conditions of sale
The present terms and conditions apply to the sale of products by La Cave du Clown on its online shop (caveduclown.fr), by telephone and by e-mail.
They are automatically made available to the buyer on the home page of the website. It is sufficient for the buyer to click on "General Terms and Conditions of Sale" to know the conditions of his/her order, even before he/she has begun the ordering process. Consequently, the fact of placing an order implies the buyer's full and unreserved acceptance of these G.S.C., to the exclusion of any other documents such as prospectuses or catalogues issued by the seller, which are only indicative.
The fact that the seller does not avail himself at a given moment of any of the provisions of the present terms and conditions may not be interpreted as a waiver of the right to avail himself at a later date of any of the said conditions. In the absence of a specific stipulation in the present conditions and agreed in writing between the parties, orders are automatically subject to the present general conditions of sale, regardless of the clauses that may appear on the buyer's documents. Our offers are exclusively reserved for private customers, to the exclusion of professional resellers. The present conditions are available to the buyer on the home page of the website.
The buyer declares that he/she has read and accepted the present General Terms and Conditions of Sale before placing his/her order. The validation of the order therefore implies acceptance of these General Conditions of Sale. As these may be subject to change, the conditions applicable are those in force on our website on the date the order is placed.
The website established on French territory is subject to French law. Any order automatically implies your acceptance of our general conditions of sale. These general terms and conditions of sale are governed by French law, both for substantive and formal rules.
MINORS AND LEGAL CAPACITY
Ordinance No. 59-107 of 7 January 1959 and Law No. 74-631 of 5 July 1974 prohibit the sale and offer of alcoholic beverages to minors and similar persons. Consequently, by validating your Order, you acknowledge that you have the legal capacity to enter into this contract.
C.N.I.L. RIGHT OF ACCESS TO THE FILE
In accordance with the provisions of Law No. 78-17 of 6 January 1978, the website has been declared to the Commission Nationale de l'Informatique et des Libertés. In accordance with the French Data Protection Act, the information you are asked to provide is essential for the processing of your order and is intended for use by La Cave du Clown.
You have the right to access, modify, delete and rectify your personal data.
Alcohol abuse is dangerous for your health, consume with moderation.
Right of withdrawal
In accordance with articles L.121-20 et seq. of the French Consumer Code, you have a period of seven (7) days to exercise your right of withdrawal without having to justify your reasons or pay any penalties, with the exception, where applicable, of the cost of return. The seven-day period runs from the date of receipt of the items.
In this case, the products must be returned to the seller, for exchange or refund, at the buyer's choice, in good condition and in their original packaging with the original invoice.
In the event that certain products have been opened or consumed, these products will be deducted from the refund made to the buyer. The return costs are at the buyer's expense.
The goods travel at the buyer's risk. The customer must inform Customer Services in writing (email or letter) of their decision before returning the goods. The return will be made by the carrier chosen by the buyer.
On the other hand, if the customer notices an anomaly on the part of La Cave du Clown (for example: product delivered not conforming to the product requested), La Cave du Clown commits itself to reimburse the totality of the costs incurred by the customer: price of the product plus return costs, and shipping costs, as long as the products are returned in the same state.
Nevertheless, La Cave du Clown is only an intermediary in the distribution chain of the products, and cannot be held responsible in case of quality defect of the product, occurring during the production of the product (vinification, bottling) and assimilated to a cork taste, early oxygenation, etc.
The prices are expressed in Euros (€) and displayed including all French taxes (French VAT and all other applicable taxes). Except for sales and without obligation, subject to typographical and display errors.
The prices differ according to the country of delivery in order to support the various administrative costs. The price indicated on the product sheet does not include shipping costs. Shipping costs are charged according to the country of destination and the number of bottles ordered.
The total amount due, indicated in the order confirmation by La Cave du Clown, is the final price to be paid, including all taxes (French VAT and all other applicable taxes): this price includes the price of the products, the handling, packaging and storage costs of the products, the administrative costs and the transport costs. La Cave du Clown reserves the right to modify its sales prices at any time. All promotional operations (vouchers, discount vouchers, partner discounts, etc.) are limited to the use of one person per household and per operation. La Cave du Clown reserves the right to refuse orders that do not meet this criterion. Important: It is up to the customer to select the country of delivery to see the products displayed at the prices corresponding to the chosen country of delivery (administrative costs included).
THE DELIVERY RATES APPLICABLE AT THE TIME OF THE ORDER ARE AVAILABLE ON THIS PAGE.
Delivery and acceptance
La Cave du Clown accepts the order and starts the delivery operations upon receipt of the order, the payment and the agreement of our verification department. The delivery of the ordered items is made to the address indicated by the customer. The parcel will be delivered to the addressee by our usual transport provider or in any case by a provider of our choice.
The information given by the buyer when placing the order is binding: in the event of an error in the recipient's details or incomplete information, the seller cannot be held responsible for the impossibility of delivering the product.
In case of return of the goods for incomplete address, the buyer will be offered two alternatives:
- the reshipment of the goods after payment of the return costs
- the refund of the order after deduction of the delivery costs. Orders can be delivered in one go to one point.
Goods are always transported at the risk of the recipient. It is therefore up to the buyer to check the content of the parcel at the time of delivery and to express any reservations, if necessary, by notifying La Cave du Clown by letter addressed to its correspondence address within 48 hours after receipt of the parcel AND by e-mail.
6.2. Intra-Community delivery
Any order placed on our website and deliverable in a country of the European Union is subject to the application of French law and taxes. Therefore, the buyer wishing to be delivered in an EU country mandates La Cave du Clown to take care of the collection and delivery of the goods on his behalf with the carrier of his choice.
Under French law, all deliveries to the EU are limited to 90 litres (equivalent to 120 bottles of 0.75cl) for still wines and 60 litres (equivalent to 80 bottles of 75cl) for sparkling wines, and in any case to 120 bottles for mixed orders without exceeding the limit of 90 litres of sparkling wines.
By accepting our General Terms and Conditions of Sale when placing an order, the buyer certifies that he/she is aware of these provisions and accepts them in their entirety. In the event that an order exceeds these quantitative limits, La Cave du Clown will refuse the order and will then propose a price according to the duties and taxes of the country of export. To know the terms and conditions, please contact our customer service.
La Cave du Clown commits itself to do its utmost to deliver the ordered products as soon as possible, as indicated on the website. Delivery times vary according to the availability of the product, the type of transport chosen, and the country of destination of the goods.) If the buyer orders different products with different delivery times, the longest delivery time will apply to the entire order. Delivery shall be made within the agreed period of time by handing over the product directly to the named recipient or, in the event of absence, by notification of readiness for delivery. Any delays do not entitle the buyer to cancel the sale, to refuse the goods or to claim damages.
The delivery period starts upon receipt of the payment, the bank authorization (online credit card) and the agreement given by the verification service.
6.4- Circumstances beyond our control
We cannot be held responsible for any loss, damage, error or failure to deliver a shipment if it is established that there are circumstances beyond our control. Circumstances beyond our control" means, in particular
- Cases of force majeure discharging the seller from his obligation to deliver: war, riot, fire, strikes, earthquakes, traffic bans, storms, accidents and the impossibility of being supplied.
- Any defects or peculiarities in the nature of the shipment even if known to us at the time of acceptance,
- Any act, failure or negligence of any third party, for example: the sender, the recipient, any interested third party, any employee of the customs or any other administration, the postal services, any carrier or other third party to whom the shipment is entrusted by our transport service provider, to serve sectors not directly served by him, even if the sender has not requested or been informed of the use of a third party.
Similarly, La Cave du Clown is not responsible for any damage caused by electrical or magnetic phenomena and/or the erasure of electronic or photographic images or recordings.
6.5- Breakage during shipping
If a package arrives at the recipient's premises damaged (breakage of the bottle(s)), the recipient must refuse the package. The carrier will inform La Cave du Clown. Upon receipt of this information, La Cave du Clown will immediately reship an identical package to the recipient. In no case will the customer be able to demand a refund of the product and the delivery fee.
6.6- Product availability
All our offers are subject to availability without commitment and unless sold in the meantime.
Consequently, the customer expressly releases La Cave du Clown from any responsibility due to the above mentioned constraints.
In case of a definitive stock shortage on an ordered product, La Cave du Clown will inform the buyer within 48 hours and will propose different alternatives:
- Replacement by the next vintage or by an equivalent or higher quality product under the same price conditions
- The reimbursement of the unavailable products or of the entire order, depending on the customer's choice.
In the case of a temporary shortage, the buyer will be offered to wait until the restocking date which will be specified. In the absence of acceptance, the customer may request the partial or complete cancellation of his order.
Considering the rare or speculative nature of certain products, restrictions on the quantities available may be applied. In such a case, the available quantity is limited to one household (same name, same address, same email address, same account or credit card holder). La Cave du Clown therefore reserves the right to refuse an order if there is any doubt about the existence of a previous order for such a product.
6.7- Warsaw Convention
If the shipment has a final destination or stopover in a country other than the country of origin, the Warsaw Convention may be applicable. In case of damage outside the French borders, the said convention will govern the relationship between the customer and La Cave du Clown.
Invoicing - Payment
Orders are only final when they have been confirmed by the payment of the price by the buyer. The payment of the products can be made by cheque and by credit card. The payment is made in full as soon as the customer confirms the order on the website.
An invoice will be issued by La Cave du Clown and sent by e-mail to the customer.
Payments by credit card are secured by an SSL online payment system. Moreover, all bank information communicated during the online purchase is neither stored nor visible on the Internet. La Cave du Clown certifies the confidentiality of this data.
The wines remain the property of La Cave du Clown until full payment of the invoices, in accordance with the terms of the law n°80 336 of May 1st 1980, relative to the property reserve, however the buyer becomes responsible for the articles as soon as they are delivered, the transfer of possession being equivalent to the transfer of risks.
The invoice for the products will be sent with every order from the Company. The client's account will only be debited for the amount of the products ordered and actually delivered. The client guarantees the Company that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. For payment by card, the provisions relating to the fraudulent use of payment by bank card are applied.
In order to optimise the security of transactions on the Internet, an online payment system (CIC Monetico) is offered to the customer which allows the encryption of all data relating to your orders (including name, address and credit card number) so that the information communicated is protected during its transmission.
In addition, the encryption means and services used to secure the transactions have been declared or authorised, as the case may be, in accordance with the legislation in force.
Cancellation of the order
Any request for cancellation of an order must be made before the products are dispatched in order to be taken into consideration. The minimum time limit for notifying us is 24 hours before the departure date of the packages. This cancellation must be made by e-mail, fax or telephone.
You can make a claim in case of loss, (defective deliveries), or damage suffered by the shipment:
This claim must reach us within 30 (thirty) days from the date on which we accepted your order; it must be sent by R.A.R. (Registered with acknowledgement of receipt).
The "OK" associated with the authentication and non-repudiation procedure and the protection of all messages constitute an electronic signature. This electronic signature has the value, between the parties, of a handwritten signature.
The computerized registers, kept in the computer system of La Cave du Clown in reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The present general conditions of sale are subject to the application of French law. In the event of a dispute, the customer shall first contact the company to obtain an amicable solution. Failing this, all disputes arising from the execution of an order or from the interpretation of these conditions and more generally from agreements of any kind concluded between the parties shall be subject to the jurisdiction of the Commercial Court of Paris. In the event of non-payment, an indemnity of 10% of the amount of the invoice (minimum of 45 euros) will be demanded, all without prejudice to damages for abusive resistance.
Presentation of products, images, photos and illustrations
Detailed presentations of the products for sale on the website are displayed on the website. Their reproduction, even partial, is not authorised under intellectual property law. The visuals on the La Cave du Clown website are not contractual.