General Terms and Conditions
The present Terms and Conditions are concluded between, CAVE DE RIBEAUVILLÉ, a co-operative, headquartered at Ribeauvillé, Siret 77896293600010, hereinafter referred to as "CAVE DE RIBEAUVILLÉ" on the one hand, and, on the other hand, persons wishing to carry out purchases via the e-commerce website of Vins-Ribeauvillé: www.vins-ribeauville.com, hereinafter referred to as the "user".
The parties agree that their relations are exclusively regulated by the present contract, excluding any previous conditions available on the site. If a condition should be lacking, it shall be considered to be regulated by the practices in the sector of on-line sales for companies whose headquarters are located in France.
The present Conditions set out to define the conditions of sale between Vins-Ribeauvillé and the user, from the on-line ordering stage to delivery. It regulates all of the steps necessary to place an order and ensures the order follow-up between the contracting parties.
If one or several of the stipulations of the present General Terms and Conditions are deemed null or void or judged as such in application of a law or ruling or subsequent to a definitive decision made by a competent jurisdiction, the other stipulations shall nevertheless retain all their force and scope.
The present General Terms and Conditions shall be effective as of the date of electronic signature of the order form. The present General Terms and Conditions are concluded for the length of time necessary for the supply of the goods and services subscribed, until the extinction of the guarantees provided by the company. They are periodically modifiable unilaterally by the , CAVE DE RIBEAUVILLÉ, and apply by law to all new orders taking place after the actualization of the present General Terms and Conditions of Sale.
The present General Terms and Conditions express all of the obligations of the parties. To this effect, the user is considered to have accepted without reserve the entirety of the conditions set out in these General Terms and Conditions of Sale.
The present on-line sales contract is formed by the following contractual documents: The present General Terms and Conditions of Sale and the order form, the first superseding the second in case of contradiction or conflict of interpretation.
1. THE CREATION AND EXECUTION OF THE CONTRACT
Orders are placed on the Vins-Ribeauvillé internet website: www.vins-ribeauville.com. The contractual information is presented in the French language and shall be reused in a confirmation which recalls said information at the time of delivery. The French language is the sole language of reference in the case of litigation; the other languages presented on the internet website are available to offer enhanced maneuverability and user friendliness on the Vins-Ribeauvillé internet website, which has the ambition of being an e-commerce site with worldwide scope.
When you click on the tab “validate” after the ordering process, you claim to accept said order as well as the entirety of the present General Terms and Conditions of Sale in full and without reserve. The data recorded by Vins-Ribeauvillé constitutes the proof of all of the transactions occurring between Vins-Ribeauvillé and the user and only this data shall be deemed valid in case of dispute between Vins-Ribeauvillé and the user.
The user’s "double click" relative to the order form constitutes an electronic signature that has the same validity between the parties as a written signature.
In all cases, the supply of a credit card number on line and the final validation of the order are deemed to be proof of the entirety of said order in accordance with the measures of the law enacted on 13 March 2000 and establishes the ability to pay the sums engaged by entering the items listed on the order form.
This validation is valid as a signature and express acceptance of all the operations carried out on the website.
The contractual information shall be the subject of a confirmation sent by email, at the latest at the moment of delivery or if necessary, by mail to the address indicated by the user on the order form.
The computerized journals, stored in CAVE DE RIBEAUVILLÉ’s computer systems in reasonable security conditions, shall be considered as proof of the communications, orders and payments taking place between the parties. Archiving of the order forms and invoices is done using a durable and reliable means in order to represent a true and durable copy as understood by article 1348 of the Code of civil law and may be, if the need arises, used as proof.
Vins-Ribeauvillé reserves the right to cancel any order of a user with whom a dispute should exist relative to the payment of a previous order.
Vins-Ribeauvillé presents on its internet website the products for sale with the characteristics necessary to enable it to comply to article L 111-1 of the consumer protection Code, which foresees the possibility for the potential consumer to have knowledge of the essential characteristics of the products that he wishes to purchase before placing a firm order.
Our product offerings are only valid within the limit of available stocks. In the case of unavailability of a product subsequent to placing an order, we will inform you by e-mail in the shortest time and you will then have the right to cancel your order. The consumer will then have the choice of either requesting the reimbursement of the sums paid at the latest within 30 days following payment or exchanging the product.
2. PRICES
Prices are stated in euro, inclusive of all taxes, and excluding expenses of shipping and packaging. They take into account the VAT applicable on the day of the order.
Any change to the applicable tax rate may be transferred to the cost of the products.
Prices are valid as long as they are present on the screen. Vins-Ribeauvillé reserves the right to modify its prices at all times but the products shall be invoiced on the basis of the applicable prices at the moment of recording the order provided that there is product availability on that date.
Payment in full must be executed upon ordering.
The products ordered shall remain the property of Vins-Ribeauvillé until complete payment of the amount to CAVE DE RIBEAUVILLÉ.
3. MEANS OF PAYMENT
To make payment for an order, the user may use, depending on his choice, all of the means of payment set out on the order form. The consumer guarantees CAVE DE RIBEAUVILLÉ that he possesses the authorizations possibly necessary to use the means of payment chosen by him, at the time of the validation of the order. CAVE DE RIBEAUVILLÉ reserves the right to suspend all processing of an order and all deliveries in the case of refusal of credit card payment authorization by officially accredited bodies or in the case of non-payment. CAVE DE RIBEAUVILLÉ specifically reserves the right to refuse to execute delivery or to honor an order issued by a consumer who has not made payment in full or partially for a previous order or with whom a dispute relative to payment may be ongoing. The CAVE DE RIBEAUVILLÉ has put into place an order verification procedure seeking to ensure that no person may use the bank details of another person unbeknownst to said third party. Our internet website is managed by a security system that aims to protect, in the most efficient way possible, all of the data relative to the means of payment.
4. DELIVERIES
Vins-Ribeauvillé agrees to make deliveries of ordered items in the shortest period of time using reliable logistical means. The products shall be delivered at the address indicated by the user on the order form. The user is responsible for verifying the state of the packaging of the merchandise upon delivery and to give notice of any damage to the shipper on the delivery slip, as well as to CAVE DE RIBEAUVILLÉ within one week as of the date of reception of the packages containing the ordered products.
Any anomaly relative to delivery (damage, missing products as compared to the delivery slip, damaged packages, breakage of products …) must imperatively be indicated on the delivery slip by means of "written reserves", accompanied by the customer’s signature. The user must at the same time confirm said anomaly by sending a registered letter with acknowledgement of reception to the shipper within two (2) working days following the date of delivery confirming said claims. The user must send a copy of said letter by fax or post to CAVE DE RIBEAUVILLÉ.
The consumer must inform CAVE DE RIBEAUVILLÉ on the exact day of delivery, and at the latest the first working day following the delivery, of any claims indicating delivery errors and/or non- conformity of the products in terms of their nature or quality relative to the indications stated on the order form. All claims formulated past this date shall be rejected.
Filing a claim with CAVE DE RIBEAUVILLÉ may be executed by connecting to our website under the heading "tracking your order" where, after entering your customer reference number, you may ask questions using the ‘contact us’ menu by clearly specifying the order number.
Any claims not executed within the rules defined here above and within the period of notice granted, shall not be taken into account and shall disclaim CAVE DE RIBEAUVILLÉ of any liability to the user.
In case of an error of delivery or exchange, any product to be exchanged or reimbursed must be returned to the, CAVE DE RIBEAUVILLÉ, in its entirety and in its original packaging, by registered shipping to CAVE DE RIBEAUVILLÉ.
In order to be accepted, CAVE DE RIBEAUVILLÉ’s Customer Relations Department must be informed of all returns in advance.
Shipping charges are at the user’s expense.
5. GUARANTEES
All items may be the object of exchange or reimbursement except those bearing a specific mention to the contrary.
In the case of a request for reimbursement of an item having been granted free of charge or at a reduced price on the occasion of a special offer made to the user, said item shall be partially reimbursed relative to its commercial value and not in its entirety.
All items are subject to a contractual guarantee that does not interfere with the legal guarantee provided for pursuant to articles 1641 and following of the Code of civil law.
6. RIGHT OF RETRACTION
Within the framework of the Scrivener law, which applies to sales by correspondence, you benefit from a clear 7-day right of retraction, beginning upon delivery of your order, in order to return to us at your expense the wines and alcohols, for exchange or reimbursement.
You will be reimbursed in full, excluding shipping costs, in the shortest time possible, provided that the packages be returned to us complete and in perfect condition.
7. LIABILITY
The CAVE DE RIBEAUVILLÉ only has an obligation of means for all the steps including website access, the ordering process, delivery or subsequent services. The liability of CAVE DE RIBEAUVILLÉ may not be engaged for the inconveniences or damages inherent to the use of the internet network, especially service failures, exterior intrusion or the presence of computer viruses, or of any situation qualified as cases of absolute necessity, in accordance with jurisprudence. Therefore, neither of the two parties shall have failed in its contractual obligations, in the case that their execution may be delayed, hindered or impeded by an act of God or case of absolute necessity. Shall be considered as Acts of God or cases of absolute necessity, all acts or irresistible circumstances, exterior to the parties, unforeseeable, unavoidable, independent of the will of the parties and that cannot be prevented by said parties, in spite of all reasonably possible efforts. The party affected by such circumstances shall inform the other party of them within ten working days following the date on which the party became aware of said case. The two parties shall come together then, within a one-month period, unless impossibility due to the case of absolute necessity prevails, to examine the incidence of the event and agree on the conditions in which the execution of the contract may be pursued. If the case of absolute necessity lasts longer than three months, the present General Terms and Conditions may be nullified by the injured party. Expressly, cases considered as absolute necessity or acts of God, in addition to those normally retained through legal precedence by the French courts include: blockades of means of transport or procurement, earthquakes, fires, storms, floods, lightening, the stoppage of telecommunication networks or difficulties linked to telecommunication networks external to those of the customers themselves.
8. APPLICABLE LAW AND COMPETENCE
The present conditions are subject to French law. The attribution of competence in the case of dispute, and solely in the absence of an amicable agreement between the parties, is given to the courts of Strasbourg, France, notwithstanding plurality of defenders and/or the introduction of third parties, even for emergency proceedings or interim security rulings or by petition.
