Terms of Sales :
1. Conditions of application
These conditions of sale are concluded between the EARL Vins Michel registered in the Register of Commerce and Companies of Saverne D 887 708 329 under the number 88770832900016, hereinafter referred to as EARL Vins Michel and the CLIENT and constitute the law of the parties.
These conditions shall prevail over any other general or specific conditions not expressly approved by EARL Vins Michel.
The CUSTOMER acknowledges having read the general conditions of sale prior to his order.
The acquisition of a product from EARL Vins Michel through this website www.vinsmichel.fr or by any other means of communication implies acceptance without exception or reservation by the CLIENT of these conditions of sale.
The CUSTOMER declares before validation of his order to have accepted these general conditions of sale.
The general conditions of sale presented below apply to all products of the EARL Vins Michel for distance sales in Metropolitan France, or abroad, to individuals, associations, works councils and businesses unrelated to catering or the sale of alcohol.
EARL Vins Michel retains the possibility of modifying these conditions of sale at any time. Therefore, the applicable conditions will be those in force on the date of the order by the CLIENT.
2. Capacity
In accordance with article L. 3342-1 of the public health code in France, the sale of alcohol to minors under the age of eighteen (18) is prohibited. By accepting these general conditions of sale and validating the order, the CUSTOMER declares:
• Be 18 years old on the date of the order;
• Be endowed with full exercise capacity;
• Act within the framework of his particular needs, to the exclusion of any professional activity.
Alcohol abuse is dangerous for health. To consume with moderation.
2. Customer account
The CLIENT must have an active account on www.vinsmichel.fr. The account can be created online at any time from the “my account” tab.
The CUSTOMER undertakes to provide accurate information as to his identity, address and other data necessary for access and to update any modification concerning this information. The CUSTOMER is solely responsible for preserving the confidentiality of his access codes.
3. Products
The products offered are those which appear on the site www.vinsmichel.fr within the limits of available stocks. In case of unavailability of a product or exhaustion of a vintage after the validation of the order, the CUSTOMER will be informed as soon as possible. The EARL will request the CLIENT's agreement for the replacement by a product or by an equivalent vintage. If the CLIENT does not wish to receive an equivalent product, he may cancel his order, which will be refunded to him within fourteen days from the date of cancellation of the order by the CLIENT. The CUSTOMER must inform the EARL Vins Michel of his choice within eight days following the date on which he was informed of the unavailability of the product.
EARL Vins Michel reserves the right to modify the assortment of products at any time.
Each product is presented on the website in the form of a description summarizing its main characteristics. All the texts and photos presented on the site www.vinsmichel.fr have information value only and are in no way contractual.
4. Order, Payment and Prices
Any order signed by the CUSTOMER constitutes a firm and definitive sale subject to its acceptance by the EARL Vins Michel and can only be called into question in the cases exhaustively listed in the article "right of withdrawal".
The EARL reserves the right to refuse any order for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
The CUSTOMER can pay for his order by credit card via the secure payment interface made available to them for this purpose or directly at the Caveau Vins Michel (3 rue Witthor, 67520 Marlenheim) when ordering by "click-and-collect". The CUSTOMER guarantees to be the holder or to be duly authorized to use the bank card with which he pays for his order.
Information relating to the bank cards used by CUSTOMERS to pay for their orders only passes through the payment service and is not transmitted to EARL Vins Michel.
The products ordered are payable in full with the order without discount.
EARL Vins Michel remains the owner of the products sold until full payment of the price and the CUSTOMER undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the products.
Each order will be accompanied by the invoice corresponding to the products ordered by the CLIENT.
The prices indicated on the product sheets are understood to be from Marlenheim excluding postage or shipping. Flat rates for shipping costs will be applied. Packages for contributing to shipping costs are available on the www.vinsmichel.fr website for mainland France or on simple request using the contact form available on www.vinsmichel.fr for deliveries outside mainland France.
In the event of delivery outside Metropolitan France, the prices displayed are inclusive of VAT (VAT included) and are supplemented with excise duties and other taxes of the Buyer's country, as well as administrative management costs for customs formalities.
Steps of ordering the shop of the site www.vinsmichel.fr:
1) The CUSTOMER registers his details by creating an account on the www.vinsmichel.fr website (or identifies himself by giving his user name and password, if he has already placed an order in the shop).
2) The CUSTOMER selects the products he wishes to order by adding them to his basket.
If delivery is chosen and for packaging reasons, orders must be made in multiples of 3 bottles of Wine or 3 bottles of Crémant (mixing possible between the different Wines or between the different Crémants). This minimizes the risk of damage during transport.
This does not apply to in-store order pick-up.
3) Shipping costs are added to the order.
The total amount of the order is displayed.
4) The CUSTOMER checks the delivery address or enters a new one.
5) The CUSTOMER chooses his mode of payment: credit card or click-and-collect (to be collected in store).
6) The CUSTOMER verifies all the information, reads and accepts these General Conditions of Sale by ticking the corresponding box.
7) The CUSTOMER validates his order by clicking on the “Confirm my order” button. Confirmation of the order entails acceptance of these General Terms and Conditions of Sale without exceptions or reservations. All the data provided and the recorded confirmation will constitute proof of the transaction. The CUSTOMER receives an order confirmation email.
8) In the case of payment by credit card, the CUSTOMER is redirected to the secure interface in order to securely enter his credit card references.
5. DELIVERY
Delivery means the transfer to the consumer of physical possession or control of the goods.
The geographical scope of deliveries is Metropolitan France, Germany, Belgium, Luxembourg, Netherlands, Denmark, United Kingdom, Italy. For Switzerland, and Corsica, contact us.
Deliveries are made by us for local deliveries and by carrier beyond 50km from the store located in Marlenheim 67520.
Deliveries are made to the ground floor of the buildings. For an imperative delivery upstairs, please contact us.
Delivery times are only given as an indication; if these exceed thirty days from the order, the sales contract may be terminated and the CUSTOMER refunded.
Delivery costs are free for all orders over 18 bottles.
EARL Vins Michel cannot be held responsible for an impossibility of delivery beyond its control, due in particular to the failure of the carrier, the absence of the customer, an error in the delivery address given by the CUSTOMER, to a lack of information on the conditions of access to the place of delivery (timetables, door code, etc.).
EARL Vins Michel products are shipped at the recipient's risk.
The risks associated with transport are the responsibility of the CUSTOMER from the moment the items leave the premises of EARL Vins Michel.
The Products are delivered to the address indicated by the CLIENT and sent according to the delivery method he chose when ordering. It is therefore the CLIENT's sole responsibility to ensure that the information he communicates to EARL Vins Michel for this purpose is and remains correct and that it will enable him to receive the Product(s) that he 'He buys. Any error or modification made by the CUSTOMER in the delivery information made before the actual receipt of the Product(s), and whatever they may be, leads to an extension of the expected delivery time. Any additional related costs will be borne by the CUSTOMER.
The CUSTOMER is required to carefully check his packages upon delivery in order to immediately issue any reservations to the carrier. No complaint can be considered admissible if the CUSTOMER has unreservedly accepted his parcels upon delivery.
The control of the boxes is the responsibility of the CLIENT and must be carried out upon receipt and in the presence of the delivery person. To be valid, any complaint concerning problems of breakage, damage, missing or theft of all or part of an expedition must be made at the time of delivery to the delivery person. The CUSTOMER must write his complaint in detail on the delivery note with his signature.
In the event of damage or breakage: the customer must refuse the package(s) concerned and mention the complaint on the delivery note
(example: "1 parcel refused for breakage - 2 parcels accepted").
If the CUSTOMER has accepted the parcel(s) concerned, he must confirm by registered letter to the carrier the reservations appearing on the delivery slip and his claim for compensation within 3 working days of delivery.
In the event of theft or missing items: the CLIENT must make reservations on the delivery note, indicating the number of packages missing and/or received.
In all cases, the CLIENT must then contact the EARL within 24 hours.
6. RIGHT OF WITHDRAWAL
Pursuant to Article L121-21 of the Consumer Code, the CUSTOMER has a period of 14 days from receipt of the Product(s) ordered, to exercise his right of withdrawal, without having to justify grounds or to pay a penalty.
In the event of exercise of the right of withdrawal within the aforementioned period, only the sums collected during the order, the return costs remaining the responsibility of the CUSTOMER.
Only Products in their original condition and complete in packaging identical to that used during shipment can be returned, accompanied by proof of purchase or a copy of the invoice(s). Opened Products (i.e. uncorked bottles), or having been the subject of a start of opening (cutting of the ring or alteration of the neck) by the CUSTOMER cannot be returned.
Pursuant to Article L. 221-28 of the Consumer Code (see below – Main applicable texts), the CUSTOMER is informed of the fact that the right of withdrawal cannot be exercised for certain contracts.
The withdrawal procedure is as follows:
• The CUSTOMER notifies its decision to withdraw via the form made available to it on the www.vinsmichel.fr website or by return e-mail to contact@vinsmichel.fr by means of an unambiguous declaration, dated and signed, specifying its coordinates and allowing the identification of the Products.
• The CUSTOMER returns the Product(s) concerned to the address below within a reasonable time and, at the latest, within 14 calendar days following the communication of the CUSTOMER's decision to withdraw.
Returns should be sent to the following address:
EARL Vins Michel
3 rue Witthor
67520 Marlenheim
France
Reimbursement of the returned Product(s) will be made by crediting the bank account linked to the bank card used for payment of the order subject to withdrawal within a maximum period of 14 calendar days from the date on which the right of withdrawal has been exercised with EARL Vins Michel.
This reimbursement date may be deferred until the date of actual receipt of the Product(s) at the address above.
7. Archiving evidence
EARL Vins Michel will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of the EARL will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
8. Personal data
EARL Vins Michel undertakes to preserve the confidentiality of the information provided by the CLIENT. Any information concerning him is subject to the provisions of Law No. 78-17 of January 6, 1978. As such, the Internet user has a right to access, modify and delete information concerning him. He can make the request at any time by mail to the following address: EARL Vins Michel, 3 rue Witthor, 67520 Marlenheim.
9. Disputes
These T&Cs are subject to French law. Any dispute relating to their application, interpretation or execution which will not have found an amicable agreement will be the responsibility of the Courts of the department of the registered office of the EARL Vins Michel (Commercial Court of Saverne 67700).
10. CONTRACTUAL PROVISIONS
The nullity of a contractual clause does not entail the nullity of the general conditions of sale. The CUSTOMER is deemed to have accepted without reservation all the provisions of these general conditions.