General Terms and Conditions of Sale
1. Conditions of Application
These terms of sale are concluded between EARL Vins Michel, registered in the Saverne Trade and Companies Register under number D 887 708 329 and VAT number 88770832900016, whose registered office is located at 3 rue Witthor, 67520 Marlenheim, hereinafter referred to as "EARL Vins Michel", and any natural or legal person wishing to make a purchase via the website www.vinsmichel.fr, hereinafter referred to as "the CLIENT".
They constitute the law governing the relationship between the parties.
These conditions shall prevail over any other general or specific conditions not expressly agreed to by EARL Vins Michel.
The CLIENT acknowledges having read these general terms and conditions of sale prior to placing their order.
The purchase of a product from EARL Vins Michel, whether through the website www.vinsmichel.fr or by any other means of communication, implies full and unconditional acceptance of these general terms and conditions of sale.
The CLIENT declares having accepted these conditions before confirming their order.
These conditions apply to all distance sales of products from EARL Vins Michel, within mainland France and abroad, to individuals, associations, works councils, and companies, excluding catering professionals, alcoholic beverage distributors, or any other professional actor in the wine sector.
Professionals wishing to purchase within the scope of their business activity are invited to contact us directly via the contact form on the website www.vinsmichel.fr or by telephone, in order to benefit from tailored offers.
EARL Vins Michel reserves the right to modify these general terms and conditions at any time. The applicable conditions will be those in force on the date the CLIENT places their order.
2. Legal Capacity
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under eighteen (18) years of age is prohibited.
By accepting these General Terms and Conditions of Sale and confirming their order, the CLIENT declares that they:
are at least 18 years old on the date of the order;
have full legal capacity;
are acting for their personal needs only, excluding any professional activity involving the resale or distribution of alcohol.
The CLIENT also undertakes to comply with the legislation in force in their country of residence regarding the purchase of alcohol, if the order is placed from abroad.
Excessive drinking is harmful to your health. Consume in moderation.
3. Customer Account
To place an order on the website www.vinsmichel.fr, the CLIENT must have an active customer account. This can be created at any time via the “My Account” tab available on the website.
When creating their account, the CLIENT agrees to:
provide accurate, complete, and up-to-date information regarding their identity, delivery address, and contact details;
promptly update this information in the event of any changes;
keep their login credentials (username and password) strictly confidential, as these are strictly personal.
The CLIENT is solely responsible for the use of their account, including in the event of fraudulent use by a third party due to negligence.
EARL Vins Michel reserves the right to suspend or delete, without prior notice, any account showing fraudulent use, non-compliance with these Terms and Conditions, or containing manifestly false information.
In accordance with the General Data Protection Regulation (GDPR), the CLIENT may request the deletion of their customer account and personal data at any time by submitting a request via the contact form on the website or by email at contact@vinsmichel.fr.
4. Products
The products offered for sale are those listed on the website www.vinsmichel.fr, subject to availability.
In the event that a product becomes unavailable or a vintage is sold out after the order has been confirmed, the CLIENT will be informed as soon as possible. EARL Vins Michel will then offer:
either a replacement with an equivalent product or vintage (subject to the CLIENT’s agreement),
or a full refund if the CLIENT refuses the replacement.
The CLIENT must inform EARL Vins Michel of their choice within eight (8) days from the notification of unavailability. The refund will be processed within a maximum of fourteen (14) days following the cancellation.
EARL Vins Michel reserves the right to modify the product range offered on the website at any time.
Each product is presented on the website with a description outlining its main characteristics (appellation, grape variety, vintage, and volume).
The photographs and illustrations shown on the website www.vinsmichel.fr are non-contractual. They are provided for indicative purposes only and do not engage the liability of EARL Vins Michel.
5. Orders, Payment, and Pricing
Any order placed by the CLIENT via the website www.vinsmichel.fr constitutes a firm and final sale, subject to acceptance by EARL Vins Michel. It can only be challenged in cases expressly provided for in the “Right of Withdrawal” section.
EARL Vins Michel reserves the right to refuse any order for legitimate reasons, particularly in the following cases:
an abnormally large order compared to the quantities usually purchased by a consumer,
suspicion of fraud,
existing dispute with the CLIENT,
supply issues.
The CLIENT may pay for their order by credit card through the secure payment interface available on the website. The CLIENT guarantees that they are the legal holder of the payment method used or duly authorized to use it.
It is also possible to pay for the order directly at the Vins Michel cellar (3 rue Witthor, 67520, Marlenheim) by selecting the “Click-and-Collect” option, which allows in-person pickup.
Payment information (card number, security code, etc.) is never known to or stored by EARL Vins Michel. It is processed solely by the secure payment interface.
Full payment is required at the time of ordering, with no discount granted.
EARL Vins Michel retains ownership of the products sold until full and effective payment of the order has been received. Until such transfer of ownership, the CLIENT agrees to take all necessary precautions to ensure proper preservation of the products.
Each order is accompanied by the corresponding invoice, sent by email or handed over in person for orders collected at the cellar.
Prices displayed on product pages are ex-cellar from Marlenheim, in euros, VAT included, excluding shipping costs.
Flat-rate shipping fees apply depending on the delivery location and the weight of the package:
applicable fees for mainland France are available directly on the website,
for deliveries outside mainland France, shipping costs will be specified upon request via the website’s contact form.
For international deliveries, prices are expressed inclusive of all taxes and may include:
excise duties,
destination country taxes,
and administrative fees related to customs formalities, where applicable.
6. Ordering Steps
The ordering process on the online store of the website www.vinsmichel.fr follows these steps:
Account creation or login
The CLIENT registers their details by creating an account on the website www.vinsmichel.fr, or logs into their existing account using their username and password.
Product selection
The CLIENT selects the products they wish to order by adding them to their cart.
For logistical reasons, orders must be placed in multiples of 3 bottles of wine or crémant.
It is possible to mix different product references.
Display of order summary and shipping fees
The total amount of the order is automatically displayed, including shipping costs where applicable.
Verification of delivery address
The CLIENT verifies or enters the delivery address.
Choice of payment method
The CLIENT selects their payment method:
Secure payment by credit card,
In-person pickup at the cellar (Click-and-Collect option),
Delivery within a 40 km radius.
Acceptance of the General Terms and Conditions of Sale
The CLIENT reads the present GTCS and accepts them by ticking the corresponding checkbox.
Order validation
The CLIENT confirms their order by clicking the “Confirm my order” button.
This action constitutes full and unconditional acceptance of the present GTCS.
An order confirmation email is automatically sent to the CLIENT.
Payment
For payment by credit card, the CLIENT is redirected to the secure interface to enter their banking details.
7. DELIVERY
Delivery refers to the transfer to the CLIENT of the physical possession or control of the ordered products.
Delivery areas: EARL Vins Michel delivers to mainland France, Germany, Belgium, and the Netherlands.
For any other destination, the CLIENT is invited to contact us via the form provided for this purpose on www.vinsmichel.fr.
Delivery methods
Deliveries are carried out by carrier, according to the option chosen when placing the order:
Standard home delivery,
Express delivery (if available),
Economy delivery to a pick-up point.
Home deliveries are made to the ground floor only. For any specific request (upper floors, difficult access, etc.), the CLIENT must contact us before confirming the order.
Delivery times
Delivery times are given for information purposes only. If the delivery period exceeds 30 days from the date of the order, the CLIENT may cancel the sales contract and obtain a full refund.
Delivery charges
Shipping fees are calculated according to the quantity and delivery method chosen.
Delivery is free for any order of at least 24 bottles delivered within mainland France.
Liability & receipt
Products travel at the CLIENT’s risk from the moment they are handed over to the carrier.
The CLIENT must carefully check the condition of the packages upon delivery, in the presence of the driver. In the event of an anomaly (breakage, missing product, damaged or opened package, partial theft, etc.), they must:
Write precise and detailed reservations on the delivery note,
Refuse the damaged package if applicable, clearly stating the reason (e.g., “1 package refused due to breakage”),
Sign the carrier’s delivery slip with the reservations.
A copy or photo of the signed delivery slip may be requested by EARL Vins Michel.
Post-delivery claims
If the CLIENT accepts a package with an anomaly, they must:
Confirm their reservations to the carrier by registered letter with acknowledgment of receipt within 3 working days,
Inform EARL Vins Michel within 24 hours by email at contact@vinsmichel.fr.
In the case of missing packages, the CLIENT must clearly indicate the number of packages received and missing on the delivery note, then follow the same claim procedure.
Failure to make reservations within the given deadlines will result in the loss of the right to claim against the carrier.
8. RIGHT OF WITHDRAWAL
In accordance with applicable legal provisions, the CLIENT has a period of 14 calendar days from the receipt of the products to exercise their right of withdrawal without having to give any reason or pay penalties.
Conditions of exercise
To exercise this right, the CLIENT must notify their decision to withdraw to EARL Vins Michel via:
An email to contact@vinsmichel.fr,
Or a postal letter addressed to EARL Vins Michel (address available on the website).
Return of products
The CLIENT then has an additional 14 days to return the products at their own expense, in their original condition, complete, unopened, and with intact packaging.
Products that are damaged, opened, or consumed will not be accepted.
Refund
After receipt and inspection of the returned products, EARL Vins Michel will refund the CLIENT within a maximum period of 14 calendar days. The refund will be made using the same payment method as the one used for the order, unless the CLIENT expressly agrees to another method.
Exclusions
The right of withdrawal does not apply to products:
That are personalized or made to the CLIENT’s specifications,
That are sealed and unsealed after delivery (including opened bottles or personalized gift boxes).
9. DISPUTES
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute relating to the interpretation, execution, or validity of these Terms and Conditions, the parties shall endeavor to find an amicable solution.
Failing an amicable agreement, any dispute will be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the registered office of EARL Vins Michel, namely the Commercial Court of Saverne (67700).
10. RECORD KEEPING
EARL Vins Michel will archive purchase orders and invoices on a reliable and durable medium constituting a true copy, in accordance with the provisions of Article 1348 of the French Civil Code. The computerized records of EARL Vins Michel shall be considered by the parties as proof of communications, orders, payments, and transactions between the parties.
11. PERSONAL DATA
EARL Vins Michel undertakes to preserve the confidentiality of information provided by the CLIENT. All information concerning the CLIENT is subject to the provisions of the General Data Protection Regulation (GDPR) and French Law No. 78-17 of January 6, 1978, as amended.
The CLIENT has the right to access, modify, rectify, delete, and transfer their personal data. They may exercise these rights at any time by sending a request by post to the following address: EARL Vins Michel, 3 rue Witthor, 67520 Marlenheim.
Personal data is processed and stored securely and is only used for order processing and customer management.
12. CONTRACTUAL PROVISIONS
The possible nullity of one clause of these General Terms and Conditions of Sale shall not entail the nullity of the entire contract. The CLIENT is deemed to have unreservedly accepted all provisions of these General Terms and Conditions.