GENERAL TERMS AND CONDITIONS OF ONLINE SALE BY THE COMPANY Optiwine
Clause 1: Object
The present Terms and Conditions of Sale are destined to define the contractual relations between the company Optiwine, (hereinafter referred to as “The Seller”, or “Optiwine”), whose head office is situated at 3700 Avenue de Toulouse, 33 140 CADAUJAC, France, registered in the Bordeaux companies register under the number 478 068 323, and the customer (hereinafter referred to as “The Customer”) defined as the user of the website www.optiwine.fr (hereinafter referred to as “the “Website”) and in doing so agrees to be bound by the present General Terms and Conditions of Sale.
The present General Terms and Conditions (hereinafter referred to as “The Conditions”) apply, without restriction or reservation, to all orders passed electronically or by telephone by individual consumers and non-professionals, in their capacity as customers of Optiwine.
The acquisition of any product or service through this site implies unreserved acceptance by the Customer of these present Conditions.
These General Terms and Conditions of Sale shall prevail over all other general or specific conditions not expressly authorized by Optiwine.
Optiwine reserves the right to adapt or amend these General Conditions of Sale at any time. In the event of amendment, only the General Conditions of Sale in force on the day of the order will be applied.
Clause 2: Characteristics of the goods and services offered
The goods and services offered are those listed on the website www.optiwine.fr.
All offers and prices are valid subject to availability. In the event of a product being unavailable after the order has been passed, the Customer shall be informed by e-mail, by telephone, or by post. Optiwine will offer the choice of a similar product at the same price or the possibility of waiting until the product becomes available. If these alternatives are refused by the Customer, then the order will be cancelled. In the event of payment already having been made, the Customer will be reimbursed within a maximum of 30 days.
Clause 3: Prices
Prices quoted on the Website are in Euros (€) before tax, to which the rate of tax applicable on the day of the order will be added. Any change in the applicable rate will be reflected in product prices.
Prices quoted do not include order processing, transport, customs or delivery costs where these may apply, in the geographic zones mentioned below. Delivery charges are systematically indicated in the technical sheets, and include preparation and packaging.
Product(s) will be the Customer’s property only after complete payment by the latter. In the case of deferred payment, the product(s) will remain the property of Optiwine until complete payment has been made in accordance with the contractual conditions established, even in the event of insolvency proceedings against the Customer, in accordance with articles L.621-28 e et seq. of the French Commercial Code.
Clause 4: Geographic Zones
Sale of the products and services presented on www.optiwine.fr is reserved for Customers in mainland France, on condition that they possess a recognized postal address.
Any Customer outside mainland France who wishes to order must first submit a request in order to obtain a quote for transport and customs costs. Any order that does not respect this procedure will systematically be refused.
Clause 5: Orders
The Customer who wishes to purchase goods or services must:
– Purchase on line, giving all the relevant references of the chosen products,
– Confirm the order after checking it,
– Make payment as provided,
– Confirm the order and payment.
Confirmation of the order implies full and unreserved acceptance of these Terms and Conditions on the part of the Customer, the recognition of having taken full knowledge thereof, in addition to relinquishment of his/her own purchase conditions or any condition not stated herein.
The totality of the data provided and the registered confirmation shall constitute proof of the transaction. Confirmation shall be deemed a signature and acceptance of all transactions.
Clause 6: Right of Withdrawal
In accordance with the legal provisions in force, the Customer has the right to cancel, without giving a reason or paying any penalty, within a period of fourteen (14) days from receipt of the items ordered.
In the case of cancellation within the specified period, only the price of the products purchased and delivery costs will be reimbursed. All costs and expenses incurred in returning the product(s) shall be borne by the Customer.
The Customer should use the form below, or formulate their own request to cancel, and send this to the customer service department by e-mail to email@example.com . The goods must be returned to Optiwine in perfect condition, in their original packaging, including all accessories and undamaged, no later than fourteen (14) days after the request to cancel, to the following address:
Optiwine – 3700 Avenue de Toulouse – 33 140 CADAUJAC.
For the attention of Optiwine
3700 avenue de Toulouse
I/we* notify you by the present letter my/our* decision to cancel my purchase of the following article(s) or service(s)
Ordered/Received on *
*delete as appropriate
Signature (in case of notification on paper)
Send by recommended letter with acknowledgement of receipt.
The purchase price of the product(s) and delivery costs will be reimbursed by a chosen means of payment within fourteen (14) days of reception by Optiwine of the Customer’s request for cancellation. In the absence of the return of the product or proof of posting within the required period, Optiwine reserves the right to defer reimbursement until the product has been received by them.
Incomplete or damaged articles will not be entitled to exchange or reimbursement.
Clause 7: Methods of payment
Payment must be made at the time of the order.
Payment by the following methods are accepted:
– Credit card
– Bank Cheque
– Bank transfer from France and overseas
In the case of payment by PayPal, the amount due will be debited immediately from the Paypal account. The order will be considered effective after confirmation of acceptance of payment by the bank.
In the case of payment by French cheque, the Customer should order on www.optiwine.fr and send a cheque noted on the back with the order number to: Optiwine, 3700 Avenue de Toulouse, 33 140 Cadaujac. The order will be processed upon receipt of the cheque.
Clause 8: Default of Payment
Optiwine reserves the right to refuse to honor an order placed by a Customer who has not fully or partially paid for a previous order or in the event of the Customer’s previous order not having been paid in full or partially, or where there is a settlement dispute pending
Clause 9: Verification of Payment
Optiwine verifies all orders passed on the Website. These checks aim to protect Optiwine from abusive and fraudulent practices. In this context, Optiwine may occasionally request supporting documentation by e-mail to support the order, such as customer’s proof of address, or proof of domicile for the person named on the delivery address etc.
– For an order with a delivery address which is different from the billing address,
– For new customers,
– For orders over 150€ (One hundred and fifty Euros).
Clause 10: Delivery
Orders are delivered by post or express delivery exclusively to the address indicated on the order.
Upon dispatch of the parcel, the Customer will receive an e-mail from Optiwine informing them of delivery.
Optiwine will do everything in their power to effect delivery within a reasonable timescale, and make all necessary enquiries in the event of abnormally long delays.
Upon delivery, the Customer must verify the product(s), and in case of damage note all relevant observations and return the goods to the Seller using the procedure mentioned below.
In case of damage in transit, a complaint should be made to the delivery company within 72 hours of delivery.
Standard Delivery is within 5 working days* after dispatch from Optiwine’s depot, to the delivery address, by post, for small to medium parcels.
* Stated delivery times correspond to transport time in mainland France, once the parcel has been sent by Optiwine. Parcels are prepared and sent within 5 working days from validation of payment, allowing for product verification and packaging.
ATTENTION: general information concerning the reception of parcels:
What precautions should be taken when accepting a delivery?
Upon delivery, the Customer must imperatively check two things before signing the delivery note:
- The Customer must immediately check that the delivery received complies with the order placed and that it corresponds to the delivery note. The Customer must ensure that the number of packages delivered corresponds to the number stated on the delivery note.
If in doubt the Customer should contact Optiwine in the presence of the transporter, for further verification. Where a discrepancy occurs, the Customer should refuse to accept delivery of the Order. Optiwine will investigate and deliver a new parcel to the Customer a few days later. If items are missing, the Customer should note the exact number of missing parcels on the delivery note.
– The Customer must also check that the products have not suffered any damage in transit. Where there is any anomaly or evident damage to the packaging it is recommended that delivery be refused. In this case, the Customer should make his observations on the transporter’s delivery note, and request the transporter to return the goods to their depot of departure and send a recommended letter to the transporter and to Optiwine (3700 avenue de Toulouse – 33140 Cadaujac) within 3 working days, stating the anomaly.
If the Customer has accepted delivery, they must imperatively note clear and precise reservations on the transporter’s delivery note. Copies of the annotated delivery note and/or statement of the anomaly must be sent within 3 working days by recommended letter to the transporter and to Optiwine at the address mentioned above.
NOTE: If a damaged parcel has been delivered and the Customer has signed the delivery note without amendment or reservation, then the parcel is considered to have been accepted by the Customer, and Optiwine cannot be held responsible for any damage, nor be liable for any indemnity.
The mention “subject to unpacking” has no legal or commercial value. All reservations noted must be precise and detailed concerning the nature of the damage or anomaly.
Clause 11: Guarantee – Returns and Reimbursements
Products sold on www.optiwine.fr are subject to conditions of legal warranties under articles L 211-4, L 211-5 and L 211-12 of the French Consumer Rights Act and articles 1641 and 1648 of the French Civil Code.
Article 1641 French Civil Code: The Seller must guarantee an item against hidden defects, which render the item unfit for normal use, or to such an extent that the Consumer would not have purchased the item, or would have paid less for it, had the latter been aware of such defects.
Article 1648 French Civil Code: Action resulting from hidden defects must be brought by the Consumer within a period of two years following the discovery of the defect. In the case provided for by article 1642-1, the action by the Consumer must be commenced within one year of the date on which the Seller can be discharged from liability for apparent defects.
Article L211-4 of the French Consumer Code: The seller is required to deliver a product that conforms to the contract and shall be liable for any defects existing on delivery.
It shall also be liable for any defects caused as a result of the packaging, assembly instructions or installation instructions if the seller is contractually required to package, assemble or install the product or if the product is packaged, assembled or installed under its responsibility.
Article L211-5 of the French Consumer Code: In order to comply with the contract, the product must:
1.1. be fit for use in the manner usually expected of a similar product, or,
1.2. have the characteristics jointly defined by the parties or be fit for any specific use sought by the Consumer, which is brought to the Seller’s attention and accepted by the latter.
Article L211-12 of the French Consumer Code: Legal action concerning a product defect must be taken within two years of delivery of the product, failing which it will be out of time
- Application of the Guarantee
In the event of delivery of a non-compliant product or service or a product or service with a hidden defect, Optiwine agrees, at the Customer’s choice, to reimburse the price of the product or service, or to exchange the product or service for an identical product or service within available stocks, or to exchange the product or service for one of equivalent quality and price, within available stocks.
These provisions do not prevent the Customer from benefitting from the right of withdrawal in accordance with the Conditions provided for in Clause 6 above.
Optiwine shall use its best efforts to ensure that the photographic representation of the products or services on the Website are as faithful as possible to the actual products or services. However, in view of the method of digital presentation on the internet, it is possible that the user’s perception of the products and services may not correspond exactly to the product or service itself.
- Exclusions to the guarantee:
Optiwine shall not be liable or be deemed to be in breach of contract by reason of:
- any failure to perform any obligations, if the delay or failure was due to any event beyond reasonable control, or Act of God
- any non-substantial differences between photographs, texts and illustrations of articles on the Website and the articles ordered.
Under no circumstances can Optiwine be held liable for indirect, intangible or unforeseeable damage, or the consequences resulting from incorrect use the product supplied, or any other damage of whatever cause independent of Optiwine. The guarantee does not cover products or services damaged during transport.
Also excluded from the guarantee are products or services that have been modified, repaired, altered, or adjusted by the Customer or any other person unauthorized by Optiwine. The guarantee is not applicable in the case of apparent defects that are due to incorrect use.
The responsibility of Optiwine shall not be engaged in the case of breach of contract caused by a fortuitous occurrence or an Act of God.
Clause 12: Responsibility
In the matter of online sales, Optiwine is only bound to a ‘best effort’ undertaking. It cannot be held responsible for damage resulting from incorrect use or other problems beyond their control, including explosion, flood, ice, tempest, fire or accident, war, threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; interruption or suspension of means of communication, embargoes; strikes, lock-outs or other industrial actions or trade disputes of a third party; difficulty in obtaining materials, labor or machinery; cessation of production or delivery and power failure or breakdown in machinery, etc.
Clause 13: Intellectual Property
All the elements of the Website of Optiwine, are, and remain, the intellectual property of Optiwine.
All reproduction, copy, imitation, publication, re-diffusion, communication, or use of any element of the Website whatsoever, even partially, whether it be software, images or sound, is forbidden.
All links, simple or hypertext, are forbidden without the prior and written authorization of the Seller.
Clause 14: Personal Data
In accordance with the French Data Protection and Civil Liberties Act of the 6 January 1978 relating to computing and personal freedom, nominative personal details concerning customers may be the object of automated treatment.
Optiwine agrees to respect the confidentiality of personal data communicated by users of the Website and process all information in compliance with the French Data Protection and Civil Liberties Act of 6 January 1978.
Optiwine informs customers that data will be used by its internal services, its subsidiary or affiliated companies and companies in the group to which Optiwine belongs:
– to inform Customers of upcoming sales and events via invitations sent by e-mail
– to process Customer orders ,
In addition, Optiwine advises that any customer who no longer wishes to receive such information may at any time set their options concerning the reception of e-mails in the section “your personal details” on the Website.
Optiwine may also communicate personal information necessary for the delivery of orders, certain after-sales services, or to carry out satisfaction surveys. Optiwine may also be required to communicate information to meet the demands of legal bodies.
When creating or consulting their account, the Customer can choose to receive offers of a commercial nature from Optiwine and/or companies in the group to which Optiwine belongs and their commercial partners.
In accordance with the Data Protection and Civil Liberties Act of 6 January 1978, the Customer may at any time exercise their right of access, right of objection and right to correction or suppression of data concerning them by addressing a request (indicating e-mail, family name, first name and postal address):
– by e-mail to firstname.lastname@example.org
– by post to: Optiwine – Customer Relations Department – 3700 avenue de Toulouse, 33 140 Cadaujac, France
Clause 15: Archives – Proof
The Seller will archive all orders and invoices on a secure and permanent system that contains an accurate copy of the original in compliance with Article 1348 of the French Civil Code.
The computerized registers of the Seller shall be deemed by the parties to be proof of the communications, orders, payments and transactions occurring between them.
Clause 16: Resolution of Disputes
The present General Conditions of Sale are subject to French law. The language in which the present contract has been recorded is French; all translation on the site is given for information purposes only. With the exception of persons for whom the competent courts shall be determined by the disposition of the Code of Civil Procedure, the Tribunal of Commerce of BORDEAUX shall be the sole competent authority in the case of dispute. This jurisdiction shall also apply even in the case of a plurality of defendants or of recourse to guarantee.