General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

Preambule

The client acknowledges that he/she has read the following conditions of sale. Validation of your order form by clicking on "validate my order" signifies full and complete acceptance of these general conditions of sale. Once you have signified your acceptance by clicking as mentioned above, the order is deemed to be irrevocable and may not be challenged.

Article 1 : Legal notices

Domain name: cavepurjus.com

Company name : SARL PUR JUS share capital of 20 000 €

Purpose: Online trading of alcoholic beverages and related accessories

Manager: Tegwen NAVEOS

Adress: Cave Pur Jus - 5 rue du Commandant Charcot - 56260 Larmor-Plage

Telephone: +33 (0)2 97 06 12 49

Company registration number: 801 316 597 00021 R.C.S Lorient

VAT number: FR64 801 316 597 00013

Principal activity code (APE) 4617B

The CAVE PUR JUS brand is registered with INPI under number 14 4 062 459. Any reproduction or imitation will be prosecuted for breach of copyright.

This website is hosted by: e-declic

C.N.I.L. FILE ACCESS RIGHTS:

In accordance with French Data Protection Act 78-17 of 06/01/1978, this site has been declared to the French Data Protection Agency (CNIL) under number 1757977. In accordance with this Data Protection Act of January 6 1978 you have the right to access and amend your personal data. If you wish to exercise this right, simply write to us or make your request using the dialogue box on our site or [email protected]

Protection of minors

French Order no. 59-107 of January 7, 1959 and Act 74-631 of July 5, 1974 prohibit the sale or offer of alcoholic beverages to under-18s and other vulnerable persons. Consequently, by completing your Order Form, you recognize that you are legally entitled to enter into the related contract.

Excessive alcohol drinking

Drinking alcohol can be dangerous for your health. Drink and enjoy responsibly.

Article 2: Application of the General Conditions of Sale

The present conditions apply to the sale of products by CAVE PUR JUS on its e-shop accessible over the internet. They are automatically made available to the buyer on the home page of the ww.cavepurjus.fr website. The buyer needs only to click on "General Conditions of Sale" (hereafter referred to as G.C.S.) to see the terms and conditions for their order, before even starting the ordering process. Consequently, the fact of placing an order implies the full and unreserved adherence of the buyer to these G.C.S., to the exclusion of all other documents such as prospectuses, catalogues issued by the seller and which have only an indicative value.
The fact that the seller does not avail himself at a given moment of any of the provisions of the present terms and conditions cannot be interpreted as a waiver of the right to avail himself of any of the said conditions at a later date. Our offers are exclusively reserved for private customers. Orders are confirmed by sending the invoice by email, but are only final upon receipt of full payment.

Article 3: Notice

- Tracking your order Online Orders
1 - Fill your e-shopping cart.
2 - Click on the [Proceed to Checkout] button.
3 - You arrive on a page asking you:
• if you are already a customer: To enter your email address and your password
• if you do not have a customer account on our site: To create your customer account
4 - After the order form is displayed, click on the [Validate my order] button.
5 - Indicate the type of credit card (CB, Visa, MasterCard...) by clicking on the corresponding image.
6 - You will then be directed to the Banque Populaire Atlantique payment server.
7 - Enter your card numbers and validate.
8 - You will receive an email with an invoice corresponding to your order.
9 - You will also be able to track your order and print your invoices again via your customer account by clicking on the [my order history] section.

Article 4: Price

The prices are given in Euros (€) including taxes, not including delivery charges, and subject to any obvious typographical errors. They are payable upon receipt of order.

- Products delivered within FRANCE METROPOLITAN and CORSICA: prices include VAT and French duties.

- Products delivered in the EU or to other countries: shipping costs, customs taxes and any other formalities are the sole responsibility of the customer. CAVE PUR JUS reserves the right to alter its prices at any time, with the understanding that the price shown in the catalogue on the day the order is confirmed will be the only price applicable to the buyer.

Article 5: Availability

If sufficient quantity of a product is not available to fulfil your order, you will be notified by email within 24 hours of your purchase. If you wish, we will send you whatever available quantity remains at our expense by a date communicated within 24 hours by email. Otherwise, a reimbursement will be made by cheque or bank transfer within 48 hours of receiving your request (by email, telephone or post).

Article 6 : Delivery

6.1 - Terms & Conditions

Products ordered are delivered to the address specified by the client. The package will be shipped to the recipient using our usual carrier or, in any event, by the service provider of our choice. The client is required to check the condition of the packaging and the contents of the package(s) delivered against the quantity and references on the order form. Signature of the delivery slip entails the client's acceptance. If a package is found to be damaged on delivery to the recipient (e.g. broken bottle(s)), the recipient must specify the damage in writing on the waybill, clearly indicating the name of the bottle, and refuse to accept the damaged goods. The carrier will inform CAVE PUR JUS. On receipt of this information, CAVE PUR JUS undertakes to re-ship an identical package immediately to the recipient. In no circumstances may clients demand reimbursement of the product and/or the delivery charge.

6.2 - Delivery times

Deliveries are made by the carrier as follows:
- To the address specified by the client at the time of order (or by means of a delivery notice if the client is absent) if the client has chosen the "delivery to home address" option
- To a pick-up point if this option has been selected. The client will be advised that their delivery is available by e-mail or text message. Maximum 12 bottles. By default, the pick-up point closest to your home address will be selected. If you wish to select a different option, you can do so when you are advised the delivery is available. Delivery times vary depending on the type of carriage and the place of delivery. Times run from when payment is received or, for payments by cheque, from when the cheque has cleared.
- France Express: D + 24/48 hrs for orders placed before 12 noon, Mondays to Thursdays, for up to 20 bottles for home deliveries and up to 12 bottles for delivery to a pick-up point.

6.3 - Circumstances beyond our control

We cannot be held liable for any loss, damage, errors or failure to deliver a shipment if it can be shown that this is due to circumstances beyond our control. “Circumstances beyond our control” here includes the following:
•Acts of God and force majeure circumstances, including: earthquake, tropical storms, storms, flood, war, road, rail and air accidents, embargos, industrial action affecting transport, etc.
•Any defects or particularities relating to the type of shipment, even if we are aware of this at the time of our acceptance of the order.
•Any action, failure to act or negligence on the part of any third party, including: the sender, the recipient, any interested third party, any employee of customs authorities or any other administration, postal services, any carrier or other third party to whom the dispatch may be entrusted by our transport provider to serve areas it does not directly serve itself, including in the event of the sender not having requested and/or been informed of the recourse to third parties.
Similarly, we may not be held liable for any damage arising from electrical and/or magnetic phenomena and/or the erasure of electronic or photographic images or any other recording.

6.4 - Indirect damage

In the event of any failure to abide by our commitments, irrespective of the reasons, CAVE PUR JUS shall be liable only for refunding the delivery service subject to the reservations listed below (Late Deliveries) and in no event for any indirect damage claimed by the client. Any such indirect damage and/or loss includes any loss of earnings, profits, interests or business, and any losses relating to being unable to use all or part of the shipment.

6.5- Deterioration in product quality

In no circumstances may CAVE PUR JUS be held liable for any deterioration in the quality of products or their packaging resulting from shipping.

Temperatures and transport: in France, CAVE PUR JUS propose delivery by Chronofresh which keeps the bottles cool and limits temperature shocks. The Customer can choose or not this delivery method. In case of extreme heat, CAVE PUR JUS recommends to choose fresh delivery. CAVE PUR JUS cannot be held responsible if temperature differences impact the quality of the wine. In Europe, transport by DHL or Chronopost is not refrigerated. The customer can decide to be delivered nevertheless or specify in the comments to postpone the shipment when temperatures will be cooler (highly recommended).

6.6- Shipping and packaging costs

▪Free shipping costs in mainland France from € 325 of purchases (excluding shipping costs)

▪ Collected from Larmor-Plage Morbihan France warehouse: free of charge

▪ Home Delivery (for metropolitan France only, excluding Corsica) €10.90 inc. VAT for the first bottle + €0.90 inc. VAT for subsequent bottles up to a maximum of 11. Fixed shipping costs €19 inc. VAT after 12 bottles

▪Collection from pick-up point (for metropolitan France only, excluding Corsica): €8.90 inc. VAT for the first bottle + €0.90 inc. VAT for subsequent bottles up to a maximum of 10 Fixed shipping costs €16 inc. VAT after 12 bottles

▪ Express home delivery mode in Chronofresh 13 for mainland France only (excluding Corsica): Package of € 14.90 incl. Tax for 1 bottle + € 0.90 incl. Tax per bottle from the 2nd to the 11th bottle.Fixed shipping costs €23 inc. VAT after 12 bottles

▪ Deliveries to Corsica: rates for metropolitan France plus a €20 surcharge per 16 bottles

▪ Deliveries within Europe:

With Chronopost

ZONE 1 (Germany, Luxembourg, Belgium, Netherlands) €17.90 inc. VAT for the first bottle + €0.90 inc. VAT for each additional bottle Free Shipping: €400

ZONE 2 (Austria, Spain, Italy, Portugal, Greece, Sweden, Ireland, Denmark, Finland) €19.90 inc. VAT for the first bottle + €0.90 inc. VAT for each additional bottle Free Shipping: €400

ZONE 3 (Bulgaria, Cyprus, Croatia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Czech Republic) €21.90 inc. VAT for the first bottle + €0.90 inc. VAT for each additional bottle Free Shipping: €450

ZONE 4 (Switzerland) €27.90 excl. VAT for the first bottle + €0.75 excl. VAT for each additional bottle Free Shipping: €500 No VAT.

No VAT is invoiced for areas outside the EU. Customs fees and VAT to be paid to the delivery person

Magnums count as 2 bottles.

With DHL, deliveries from 12 bottles

ZONE 1 (Germany, Luxembourg, Belgium, Netherlands) €19.90 inc. VAT for the first bottle + €0.90 inc. VAT for each additional bottle Free Shipping: €400

ZONE 2 (Austria, Spain, Italy, Portugal, Greece, Sweden, Ireland, Denmark, Finland) €21.90 inc. VAT for the first bottle + €0.90 inc. VAT for each additional bottle Free Shipping: €400

ZONE 3 (Bulgaria, Cyprus, Croatia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Czech Republic) €23.90 inc. VAT for the first bottle + €0.90 inc. VAT for each additional bottle Free Shipping: €450

ZONE 4 (Switzerland) €29.90 excl. VAT for the first bottle + €0.75 excl. VAT for each additional bottle Free Shipping: €500 No VAT.

No VAT is invoiced for areas outside the EU. Customs fees and VAT to be paid to the delivery person

Magnums count as 2 bottles.

6.7 - Liability

Goods are shipped at your expense and sole liability. It is therefore your responsibility to check the contents of the package at the time of delivery and to express any reservations as applicable, as follows:

- On the delivery slip provided by the carrier
- And, in any event, by advising CAVE PUR JUS by registered letter with return receipt sent to our head office (Cave Pur Jus - 5 rue du Commandant Charcot - 56260 Larmor-Plage) within three (3) days of receipt of the package.

6.8 - Insurance

The cost of insurance is included in shipping costs, except where otherwise specified in the product catalogue.

Article 7: Payment

7.1 - General terms and conditions

The price of the items ordered is payable in full to CAVE PUR JUS, upon issuance of your order form on the site, by one of the following methods of payment:
- by credit card (secure online payment),
- by check,
- by bank transfer,
- by paypal
- in 3 interest-free payments with Scalapay, from 150€ of purchases. 

Upon receipt of your payment, we will send you the wines along with your final invoice unless the billing address is different from the delivery address (notably for gifts).

7.2 - Methods of payment

1 -Secure payment by credit card
We have set up for our clients a secure procedure for payment by credit card over the Internet. This procedure is based on information encryption technology, an absolute reference for secure online payment. How to make an order by credit card on the site: When you make your payment, you enter your credit card number and expiration date, which are immediately encrypted on your computer before being sent over the Internet. In this way, no confidential information circulates over the network without first being encrypted. Please note: only credit cards with the CB, VISA, EUROCARD, or MASTERCARD logo are accepted. They must be adherents of the 3D Secure protocol. Otherwise, the payment will be refused. In this case, you will have to pay your order by bank transfer.

2 - Payment by cheque in euros
a) On the “shopping cart” page, choose “cheque” as your payment method.
b) When you arrive at the “Order Confirmation” page, please follow the instructions.

3 - Bank Transfer
a) In the “shopping cart”, choose “bank transfer” as your payment method.
b) Once you have reached the “Order Confirmation” page, please follow the instructions. Any bank transfer costs remain your responsibility.

4 - Scalapay, 3 interest-free payments

It is possible to pay in 3 installments interest-free with Scalapay from 150€ of purchases for the following countries : France, Belgium, Germany, Italy. The customer will then be redirected to the Scalapay platform to create an account or use their existing account. Payment is made in 3 equal installments:

- First installment: at time of order

- Second payment: 1 month after the 1st payment

- Third payment: 2 months after the 1st payment

Order is shipped after the 1st payment. Scalapay will inform the customer by SMS of the next deadlines. The Client commits to Scalapay and accepts the general terms and conditions specific to Scalapay.

Article 8: Return of products

In accordance with Article L121-16 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 of return charges. This period will be extended to 14 days on 14 June 2014 (Hamon Law of 17 March 2014). This period starts from the moment the package is received by the customer. If this period expires on a Saturday, a Sunday or a bank holiday, or other non working day, it will be extended to the first working day thereafter. For more information, visit the FEVAD website, Fédération e-commerce et vente à distance www.fevad.com. The products must be in good condition, in their original packaging and accompanied by the original invoice. Your purchase will then be refunded by cheque within 15 days of receipt of the package by CAVE PUR JUS. CAVE PUR JUS will only pay for the return costs in case of an error by our services. In this case, please contact our customer service and we will tell you how to proceed.

Article 9: Retention of title

Until effective and full payment of the amount due, CAVE PUR JUS retains ownership of the goods sold. The complete payment will constitute transfer of property, however the buyer becomes responsible for the articles as soon as they are delivered, the transfer of possession including the transfer of risks.

Article 10: Settlement of Disputes

All contractual provisions defined above are governed by French law. Our customer service is available to you for the settlement of any dispute, but in the absence of an amicable solution, the Courts of LORIENT shall have sole jurisdiction. For EU countries, with the exception of DENMARK, Regulation (EC) No. 861/2007 of the European Parliament and Council, from 11 July 2007, will be applied. The computerised records kept by our computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties.

Article 11: Protection of minors

French order no. 59-107 of 7 January 1959 and the law no. 74-631 of 5 July 1974, prohibit the sale and supply of alcoholic beverages to minors and similar categories. Consequently, by filling the order form you acknowledge having the legal competence to enter into this contract.

Article 12: Deactivation of a customer account

In the case of non-compliance with the obligations resulting from the acceptance of the present general conditions of sale, of incidents concerning the payment of an order or a subscription, of a customer providing erroneous information during the creation of the account, or of acts likely to harm the interests of CAVE PUR JUS, the company reserves the right to suspend the access to the service or, depending on the gravity of the acts, to cancel the subscription and the account of the member without any right to claim damages. The company also reserves the right to refuse to enter into a contract with a client who has been excluded or sanctioned for such acts. CAVE PUR JUS reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date the buyer confirms an order.

The photos, as well as the assessments on the products, are only given as an indication and have no contractual value. A difference in colour or presentation of the bottles may be the result of the quality of the photos or the date they were taken.