Le site www.clic-vin.com appartient à la société Bwine, ci-après le «Vendeur», qui a son siège social au 3 Chemin du Bon Coin, 33360 Lignan de Bordeaux, France. Elle est immatriculée au RCS de Bordeaux sous le numéro SIREN 790164065.
Les offres du Site sont exclusivement réservées aux clients privés et aux personnes morales (à l’exception des cadeaux d’entreprise).
Informations légales et précontractuelles
La vente d’alcool aux mineurs est interdite, et le Vendeur se réserve le droit de refuser une Commande qui lui est passée par un Client qui ne prouve pas qu’il est majeur.
Il est également rappelé que l’abus d’alcool est dangereux pour la santé et que les produits du Vendeur doivent être consommés avec modération.
Il est également rappelé que les photos et illustrations utilisées sur le Site sont non contractuelles.
ARTICLE 1 – APPLICATION DES CONDITIONS GENERALES DE VENTE
Les présentes Conditions Générales de Vente (ci-après CGV) s’appliquent à toutes les ventes de produits par Clic-Vin.com sur sa boutique en ligne: www.clic-vin.com (ci-après le Site), exclusivement réservé aux personnes physiques majeures ou ayant dépassé l’âge minimum légal pour l’achat et / ou la consommation d’alcool dans leur pays de résidence et aux personnes morales (hors cadeaux d’entreprise). Afin de prendre connaissance de chaque commande passée, les CGV sont à la disposition du client depuis la page d’accueil du Site, rubrique «Conditions Générales de Vente». Le client déclare avant de valider sa commande avoir accepté les présentes CGV et par conséquent les adhérer pleinement.
Le fait de passer commande implique l’acceptation préalable et sans réserve par le Client des présentes CGV, à l’exclusion de tout autre document tel qu’un prospectus ou catalogue émis par le Vendeur dont la valeur n’est qu’indicative ou toute autre condition d’achat soumise par le Client sauf avec l’accord écrit préalable du Vendeur.
Le Vendeur se réserve le droit, pour tout nouveau client, de lui demander un justificatif d’identité et d’adresse, avant la validation définitive de sa première commande.
ARTICLE 2 – PRIX
Sauf indication contraire, les prix affichés sur le site www.clic-vin.com sont exprimés en € uros, toutes taxes comprises, hors frais d’expédition, de transport et de traitement depuis nos locaux. Ces prix tiennent compte de la taxe sur la valeur ajoutée au taux de 20% et des droits français. Les produits et leurs prix sont régulièrement mis à jour et le site www.clic-vin.com se réserve le droit de modifier ses prix à tout moment.
Les prix de vente sont ceux affichés lors de la commande sur le site www.clic-vin.com, sous réserve d’erreurs typographiques ou d’erreurs manifestes. Dans ce cas, le site www.clic-vin.com contactera le client pour lui communiquer l’erreur et le rectificatif à sa facture. En cas d’erreur typographique ou manifeste, le client est libre d’accepter les conditions tarifaires corrigées ou d’annuler sa commande. En cas d’annulation de commande, le client sera remboursé au plus tard dans les sept (7) jours à compter de la date à laquelle le client aura notifié son annulation de commande. Le site www.clic-vin.com ne pourra être tenu pour responsable en cas de dépassement de ce délai pour des raisons indépendantes de sa volonté.En cas de différence de prix constatée entre plusieurs emplacements sur le site,
ARTICLE 3 – ORDER
Only persons legally capable of concluding contracts relating to the goods and services offered by the website www.clic-vin.com can place an order.
The order assumes prior knowledge and acceptance by the Customer of these GTC, of the price and of the essential characteristics of the wines, spirits and accessories chosen, available on the Site.
When placing an order, the customer agrees to provide the required information and certifies the veracity of the latter. In addition, the customer undertakes to verify that the information he is required to enter (in particular billing and delivery addresses, quantities and nature of the products ordered, amount of the order) do not contain errors. These cannot be imputed to the website www.clic-vin.com and cannot give rise to complaints or to an order cancellation at the customer’s request.
The website www.clic-vin.com undertakes to process any order within the limit of available stocks and cannot be held responsible for the non-performance of the contract concluded with the customer in the event of unavailability of the product (s), out of stock of the product (s), in the event of force majeure, disruption or strike of transport, communication services or any other unforeseeable fact beyond the control of the parties. In the event of unavailability of a product ordered, the website www.clic-vin.com cannot be held liable. However, the website www.clic-vin.com undertakes to warn the customer as soon as possible to offer him either an equivalent product in exchange, or a refund within fourteen (14) days of the order. The website www.clic-vin.com can not be considered responsible in the event that this period is exceeded for reasons beyond its control. The website www.clic-vin.com reserves the right to refuse and cancel any order issued by a customer with whom he is in dispute over payment for a previous order. Any order will only be taken into consideration after payment has been accepted by our banking organization.
ARTICLE 4 – COMMERCIAL OPERATIONS, BENEFITS AND SPONSORSHIP
All the promotional offers on the site www.clic-vin.com, such as commercial operations, sales (winter and summer), wine fairs are subject to special conditions. Indeed, these operations can be committed over a period of time, on a limit of stock, availability, quantity. At the end of the offer, the products are subject to change in price. As a result, the customer takes advantage of this offer over a period of time, and once it has expired, the Seller cannot undertake to offer the same advantages to the customer on another future order.
Sponsorship: The Seller allows its customers to sponsor other people. This sponsorship allows the benefit of purchase vouchers or immediate discount for the godparents and the godchildren. These vouchers or immediate discounts of 10 € TTC can be used on the website www.clic-vin.com, during the first order of the godson (s) entering the code of his Sponsor and are also immediately credited to the account. of the Sponsor after the first order over € 60 including tax from his / her godchild (s) (excluding delivery costs), subject to non-cancellation of the order. With a value of € 10, vouchers, which can be cumulated by order slice of € 60 including tax, are valid for one year. Vouchers are available in the sponsor’s customer account.The latter may in no case be subject to a monetary refund or an exchange and constitute a means of payment in its own right. In the event that the Seller observes serious irregularities (creation of false accounts, same identity on several accounts, etc.) as regards the use by a Customer of his system of vouchers and / or sponsorship, the Seller could then take all necessary measures to put an end to these irregularities and to delete certain vouchers and / or Customer accounts.
ARTICLE 5 – PAYMENT METHOD
Any order placed by the customer is considered firm and final upon full payment thereof, during the online purchase process.
Payment is made online by bank transfer, check, Paypal or credit card. For payment by bank transfer, the order will be processed and sent upon receipt of payment. For payment by check, the order will be processed upon receipt of payment and will be shipped 10 days after receipt.
All your purchase transactions take place in strict confidentiality and encryption using SSL protocol.
The website www.clic-vin.com does not have access to your data and does not keep them on its servers. This is the reason why they will be requested from you for each new transaction on the site. You are thus doubly protected against abuse and fraud. The customer guarantees that he is fully authorized to use the bank card he uses and that this bank card gives access to sufficient funds to cover the amount of the order.
An invoice will be established by the Seller and will be available in the “My Account” section on the site.
In its interest as in that of its customers, the website www.clic-vin.com may have to carry out checks to ensure the validity of payments and therefore to request certain supporting documents from the customer, documents that the customer undertakes to send it within forty-eight (48) hours. In the event of non-receipt of these parts within the prescribed deadlines or receipt of non-conforming parts, the website www.clic-vin.com reserves the right to cancel the order (s).
Whatever the method of payment chosen, the Seller reserves the right to refuse any order or any delivery in the event of a refusal of a payment authorization by the banking organization or of total or partial non-payment of a previous order by the customer.
A RTICLE 6 – DELIVERY
Unless otherwise indicated, shipping costs are always the responsibility of the Customer. The shipment of the product (s) ordered by the Customer takes place after the order has been registered, its full payment, its validation by our services and its preparation. The order is generally shipped within 24 to 48 hours of payment for the order by the Customer. The products are delivered to the Customer in boxes of one (1), two (2), three (3), six (6) or twelve (12) bottles.
The product (s) ordered by the Customer are sent to the delivery address provided by the latter when ordering. Delivery is made at the Customer’s door or at a relay point, provided that the information regarding the delivery address and access (door code, building number, etc.) has been provided in full and without errors by the Customer on the website www.clic -vin.com. Likewise, the conditions of access to the delivery address must allow the carrier to make the delivery.
In the event of an invalid delivery address or delivery made impossible due to the provision of incorrect data by the Customer, the order will be returned to the warehouses of the website www.clic-vin.com by the carrier. The Customer may then request the reshipment or cancellation of his order against reimbursement with the exception of transport costs and can not rely on claims for late delivery. The reshipment of the order takes place only after the Customer has paid the reshipment costs.
Upon delivery of the products, it is up to the Customer or his principal to check the condition of the package (s). Likewise, the Customer must ensure the conformity of the products delivered. Any deterioration, non-compliance or missing delivery must be notified by the Customer in the form of a detailed and dated writing accompanied by the Customer’s signature or his principal on the delivery slip. The website www.clic-vin.com will not be able to meet the Customer’s complaints in the absence of supporting documents. If the Customer refuses the package due to an anomaly or non-conformity, the latter must notify it on the carrier’s delivery slip.
Any complaint regarding delivery outside the provisions of this chapter cannot be attributed to the website www.clic-vin.com. In the absence of complete and explicit reservations, the Customer runs the risk of losing his right to claim and compensation with regard to the Seller and the carrier, or to cause the Seller to lose his right to claim against the carrier.
In the event of a complaint during delivery, the Customer must notify the Seller within 48 hours of receipt of the package by email at contact@clic-vin.com , providing as much detail as possible (photos, delivery slip with reservations…).
Delivery times: The Seller undertakes to make every effort to deliver the products ordered as soon as possible. The times vary depending on the product, the delivery method chosen and the country of destination of the goods.
ARTICLE 7 – SHIPPING COSTS
Unless otherwise stated, the prices displayed on the website www.clic-vin.com are exclusive of shipping costs. Shipping costs are invoiced according to the quantities ordered according to the tariff in force on the day of the order. These costs will be indicated to the Customer before the final validation of his order.
You can consult the “Delivery Conditions” page for more information on this subject.
Each order is unique. Several orders cannot therefore be combined. Thus, the fact of placing several orders in a row does not have the effect of merging these orders into one. Depending on the amount of the orders, it is thus possible that the Customer has to pay delivery costs several times. By contacting us, it is also possible to group certain orders and therefore to reduce shipping and delivery costs.
ARTICLE 8 – TRANSFER OF OWNERSHIP
In accordance with the provisions of Law No. 80 336 of May 1, 1980 relating to the retention of title, the transfer of ownership of the products to the Customer only takes place after full payment of the price of the order, ie – say upon receipt of the price of the order by the Seller.
ARTICLE 9 – CONTRACT RESOLUTION
In the absence of payment by the Customer by the agreed deadline and one month after a formal notice remained unsuccessful, the sale will be automatically terminated if the Seller sees fit, with return of the down payments made by the purchaser, and the possibility for the seller to request in summary proceedings, the return of products already delivered, if applicable, without prejudice to other damages. In the event of recovery by way of litigation, this will give rise to a fixed compensation amounting to 15% of the amount of the order.
ARTICLE 10 – AVAILABILITY OF GOODS
Offers are always made subject to available quantities. In the event of unavailability of the products ordered and subsequent cancellation of the order, the price including tax and shipping costs including tax will be fully refunded to the Customer within fourteen (14) days of the order.
A RTICLE 11 – RIGHT OF WITHDRAWAL
A right of withdrawal is offered to the Customer by virtue of article L.221-18 of the Consumer Code. The Customer, a non-professional natural person, has the right to withdraw from his Order, without having to justify himself.
The right of withdrawal must be exercised:
By written notification , by email to contact@clic-vin.com , indicating explicitly in the subject line ” Exercise right of withdrawal “, or by registered mail to the following address Bwine 3, chemin du Bon Coin 33360 Lignan de Bordeaux, France, and by entering his name, first name, postal address and / or e-mail address, as well as the number of the Order concerned and the reference of the products concerned,
This written notification must be sent within fourteen (14) calendar days from receipt of the Products ordered (in the event of partial delivery on the same purchase order, fourteen (14) calendar days after receipt of the last Products ordered.);
Returned products must be accompanied by the same letter.
The Customer who uses this right of withdrawal will have the obligation to proceed, under his responsibility and at his expense, with the return of the goods ordered to the Seller.
The Products must imperatively be returned in perfect merchantable condition (that is to say fit for resale), unopened and undamaged, with the boxes or cases unopened or unsealed, within fourteen (14) days following the communication of the decision to withdraw. Thus, any damaged product will not be taken back or refunded.
When the period of (14) fourteen days expires on a Saturday, Sunday or a public holiday, it is extended until the next working day. Otherwise, the Seller reserves the right to refuse the Customer to return the Product and its refund.
In the event that payment for returned products has already been collected by the Seller, the latter undertakes to reimburse the Customer within fourteen (14) days of receipt of the returned products in perfect merchant condition. The refund will be made using the same means of payment as that used by the Customer. When the merchandise has been sold as part of a promotional package, all of it must be returned to the Seller, due to the indivisibility of the order and the overall price invoiced.
ARTICLE 12 – AMICABLE RESOLUTION OF DISPUTES AND MEDIATION
The Seller is at the disposal of the Customer to settle amicably any problem resulting from an order and its execution.
In the event of difficulties in the application of these T & Cs, the Customer will first and first contact the Seller to whom he will send a written complaint to the following address:
By post: Bwine 3, chemin du Bon Coin 33360 Lignan de Bordeaux, France
By phone: 05.57.971.997
Or by Email contact@clic-vin.com
If they do not obtain satisfaction, the Customer will have the possibility of using the mediation service of MEDIATION-NET free of charge by going to their site: http://www.mediation-net-consommation.com or by mail: MEDIATION – NET – 34, rue des Épinettes – 75017 PARIS.
The Client may also visit the European online dispute resolution platform at: https://webgate.ec.europa.eu/odr .
In the absence of an amicable agreement, the Customer will have the possibility of seizing the competent court as specified below.
ARTICLE 13 – APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These T & Cs are subject to French law. If one of the clauses of these conditions turns out to be null and void, this will neither affect the validity nor the respect of these conditions. In the event of a persistent disagreement concerning these present conditions and in the absence of an amicable agreement, any dispute will be dealt with by the competent French courts.
ARTICLE 14 – PROTECTION OF MINORS
In accordance with article L. 3342-1 of the Public Health Code which stipulates that the sale of alcohol to minors under eighteen (18) years old is prohibited, you agree, by completing the order form, to be eighteen (18) years old on the date of the order.
Alcohol abuse is dangerous for health. To consume with moderation.