GENERAL TERMS AND CONDITIONS OF SALE - CLOUDWINES
1. APPLICATION OF THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions apply to the sale of products by CloudWines at (www.cloudwines.fr). They are automatically made available to the buyer on the home page of the CloudWines website. The Customer simply needs to click "General Terms and Conditions of Sale" (GTC) to be made aware of the conditions of the sale, even prior to starting the ordering process. Therefore, the placing of an order implies full and unreserved adhesion to the GTC, to the exclusion of all other documents such as brochures or catalogs issued by the vendor that have a purely indicative value. In the absence of any specific stipulation pertaining to the GTC agreed in writing between the parties, orders are automatically subject to these GTC. The Customer declares to have read and accepted these GTC before placing their order. The confirmation of the order implies acceptance of these GTC. These may be subject to change, the conditions applicable are those in effect on the website at the time of placing the order.
2. SALES AND SERVICE TO INDIVIDUAL CUSTOMERS
CloudWines reserves its exclusive offerings and services to individual / private Customers. Any Customer is committed to act in that capacity. CloudWines reserves the right to refuse or cancel any order and / or subscription from a Customer proving to be a professional re-seller.
3. CHANGES TO GENERAL TERMS AND CONDITIONS OF SALE
CloudWines reserves the right to change these Terms and Conditions at any time and without notice, the applicable conditions are those in effect on the date of the order by the Customer.
4. OTHER CHANGEES
CloudWines may add, change or remove any part of the Site, including, without limitation, any Content at any time and without notice.
5. PERSONAL INFORMATION/PRIVACY
Customers agree to provide complete, accurate and current information. This information is necessary for the purchase of products on the site. CloudWines reserves the right to block sales to Customers who provide false, inaccurate or incomplete information. The Customer acknowledges that CloudWines uses a third party payment processing service to process orders and debits on their credit card.
6. CUSTOMER OBLIGATIONS
6.1 Age The Customer declares be at least eighteen (18) years old and have the capability to place an order on the Site.
6.2 Information The Customer undertakes to communicate to CloudWines all information necessary for the fulfilment of the service as requested online, including full name, and a valid postal and e -mail address.
The Customer is responsible for all the consequences of false, inaccurate, or illegally obtained information communicated.
Prices are in Euros (€) and include all French taxes (French VAT and any other applicable taxes). Prices differ depending on the country of delivery in order to account for various administrative costs. The article price indicated online is exclusive of delivery costs. Delivery costs are charged according to the number of bottles or articles ordered. The total amount due, indicated when confirming orders by CloudWines, is the final price, including all taxes (French VAT and any other applicable taxes): this price includes the price of the products, handling, packaging and storage of goods, administrative costs and transportation costs. CloudWines reserves the right to change its pricing at any time.
8. DELIVERY AND RECEPTION
CloudWines delivers its products to mainland France, including Corsica. CloudWines accepts the order and engages delivery processes upon receipt of payment. The delivery of ordered items takes place to the address specified at the time of the order. In the event of incomplete information or an error in the wording of the address of the recipient, CloudWines cannot be held responsible for failure in successfuly delivering the product. In the case of returned merchandise due to an incomplete address, the buyer will be offered two alternatives: - the re-delivery of the goods subsequent to payment of re-delivery fees - the reimbursement of the order after deducting delivery expenses.
9. DELIVERY SERVICE
CloudWines agrees to make every effort to deliver the ordered products as soon as possible, and as indicated on the website and on each product. Delivery is made within the period provided by delivering the product directly to the Customer, or in their absence, by notice of the availability of the delivery. If delivery can not be assured within this period, the Customer will be informed at the earliest opportunity. The Customer may then ask for the exchange of the product(s) or a full refund of their order. Delivery times are determined from the confirmed receipt of order. War, riots or fire are considered a force majeure and will release the vendor from their delivery obligations. Goods always travel at the risk of the recipient. It is up to the Customer to verify the contents of the package at the time of delivery and make claims if necessary in the following manner: on the delivery receipt provided by the transporter or by immediately calling customer service of the logistics company in the presence of the deliveryman. In all such cases, CloudWines should be informed by letter to their postal address within 21 days after receiving the package and by e-mail to: firstname.lastname@example.org
The Customer must carefully check the condition and conformity of the products delivered at the time of delivery. They can then either (i) accept the order if it appears correct, (ii) refuse the order if it is manifestly improper (broken bottles) by following the procedure below.
In case of refusal of an order by the Customer at the time of delivery, it is up to the Customer to inform CloudWines by post or by e-mail at:
99, avenue de la République 75011 Paris
In any event, the Customer must take care to clearly indicate in the letter or e-mail all the information requested and the specific reasons for the return or refusal of the order.
CloudWines will do all it can to obtain a replacement of the article(s) through the producer and re-deliver to the Customer. In the event that replacing the article(s) proves impossible, CloudWines will then offer the Customer the reimbursement of products and delivery, pro-rata, optionally including the return costs incurred by the Customer.
Pursuant to Article L.121-20 of the Consumer Code, the Customer has a period of 14 days from the delivery of his order to return the product to the seller for exchange or redemption, in good condition and in its original packaging. In the event that some products will have been started or consumed, these products will be deducted from the refund to the Customer. Return shipping costs are the responsibility of the Customer. Goods travel at the risk of the Customer. Wherever possible, please inform CloudWines customer service by email (email@example.com) of your intention so that we can best handle your request for exchange or refund as soon as possible. Returns will be through the transport company chosen by the Customer. Where the delivered product does not conform to the product requested, CloudWines will reimburse all costs incurred by the Customer: Product and delivery cost plus return shipping costs, assuming that the products are returned in their original state.
Full payment must be made when ordering. At no time can payments be construed as a deposit or installments. Customers can pay their order by credit card (Visa, Eurocard / Mastercard, American Express) pursuant to the provisions of this Article.
For all transactions, the Customer will indicate the number on the front of the card, the expiration date of the card and security code on the back of his card.
CloudWines retains ownership of the article until full payment by the Customer. Purchases are made securely. An external provider is responsible for securing payments. All information provided by the Customer to CloudWines is strictly protected and guarantees the accuracy and security of each transaction. No credit card information is held by CloudWines.
Your banking information is never in possession of CloudWines. CloudWines uses a secure payment service provided by Stripe, Inc. Confidential data (credit card number, the expiry date and security code) are directly transmitted to the Stripe, Inc. servers. CloudWines has no access to this data.
13. PROTECTION OF YOUR PERSONAL DATA
All your account information is only used in the context of your commercial relationship with www.cloudwines.fr. This information arises from the voluntary registration of an email address or postal address when ordering. This information is never sold.
Cloudwines informs you that it will share necessary data with its suppliers to ensure the delivery of orders.
Your banking information is never in possession of CloudWines. CloudWines uses a secure payment service provided by Stripe, Inc. Confidential data (credit card number, expiry date and security code) are directly transmitted to Stripe, Inc. servers. CloudWines has no access to this data.
In accordance with Law No. 78-17 of 6 January 1978 relating to data, files and liberties, the website has been declared to the CNIL (Commission Nationale Informatique et Libertés).
Moreover, under the Data Protection Act of 6 January 1978, you have a right of access, a right of opposition, the right to modify and / or delete information about you. You can exercise this right by sending your request (including your email address, name and postal address) by e-mail to firstname.lastname@example.org or by post to the following address: CloudWines 99 Avenue of the Republic 75011 Paris.
These general conditions of sale are subject to French law. In the case of a dispute, the customer should first contact the company to try and find an amicable solution. In the event that this is not possible, all disputes arising from the execution of a command or interpretation of these conditions and more generally agreements of any kind concluded between the parties, will be brought before French courts.
15. LEGAL INFORMATION
Under Ordinance No. 59-107 of 7 January 1959, which stipulates the prohibition of the sale of alcohol to minors, Act No. 74-631 of July 5, 1974, the buyer confirms that they are eighteen (18) years of age on the date of the order by communicating their birth date when creating their CloudWines account. Alcohol abuse is dangerous for health. Consume and appreciate with moderation.
Computers and freedoms: In accordance with Article 27 of Law No. 78-17 of 6 January 1978, personal data provided by the Customer may give rise to the exercise of the right of access. To meet the needs of customers and ensure optimum service, we are obliged to record certain personal data (name, address, etc.). This information is intended solely for CloudWines.