TERMS AND CONDITIONS

 TERMS AND CONDITIONS
 

APPLICATION OF TERMS AND CONDITIONS

All the terms and conditions here apply to all sales made by the buyer on the website https://www.best-cognac-champagne.com. The buyer confirms that he has read and accepted the terms and conditions before placing their order. Placing an order therefore implies acceptance of these terms and conditions.

 

PRINCIPLES 

These terms and conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

The seller and buyer agree that these terms and conditions alone govern their relationship. The seller reserves the right to modify its terms and conditions from time to time. They will be applicable as soon as they are online.

If a condition of sale is missing, it will be considered to be governed by the distance selling practises in force for businesses with their headquarters in France.

 

CONTENT

The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of online sales of goods offered by the seller to the buyer from their website https://www.best-cognac-champagne.com.

These sales concern the following products: Wines & Spirits.

 

PRE-CONTRACTUAL INFORMATION

The buyer acknowledges having been informed of these terms and conditions and all the information listed in article L. 221- 5 of the Consumer Code prior to placing his order and concluding the contract and can be easily read and understood.

The following information is sent to the buyer in a clear and intelligible manner:

- key features of the product;

- the product price and/or method of calculating the price;

- any additional costs for shipping, delivery or postage and all other possible charges;

- in the absence of the immediate execution of the contract, the date or deadline the seller will deliver the product for and the product price;

- information relating to the seller’s identity, his postal address, telephone number, email address, and his activities, information on legal warranties, functionalities of digital content and, where applicable, his interoperability, the existence and the terms of implementation of warranties and other contractual conditions.

 

ORDER

The buyer can place an order online from an online catalogue. Any order can be placed via a form, provided stock is available.

The buyer will be informed if a product is unavailable or if hisorder has been successful.

For an order to be sumbitted, the buyer must accept these terms and conditions by ticking the box indicating this. The buyer must choose a shipping address and shipping method and finally validate his payment method.

The sale will be considered definitive:

- after the buyer is sent a confirmation of order email from the seller;

- and after the seller has issued a receipt for the full payment

Any order implies acceptance of the price and the description of products on sale. Any dispute on this point will take place in potential exchange frameworks and warranties mentioned below.

In some cases, including payment default, incorrect address or another problem on the buyer’s account, the seller reserves the right to block the buyer's order until the problem is resolved.

 

CONFIRMATION OF ORDER

The seller provides the buyer with an order confirmation via an email.

 

PROOF OF TRANSACTION

The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced a proof.

 

INFORMATION ON PRODUCTS

The products governed by these terms and conditions are the products listed on the seller’s website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stock.

The products are described and presented as accurately as possible. However, if there are errors in this presentation, the seller cannot be held responsible for them.

Product photographs are not contractual.

 

PRICE

The seller reserves the right to modify prices at any moment but commits to applying the prices in force when the order is placed, subject to availability.

The prices are listed in euros. The prices do not include delivery costs which are invoiced on top of this and indicated before the order is approved. The prices indicated include all taxes (VAT at 20%), excluding shipping costs.

 

PAYMENT OPTIONS

It is an order with payment obligation, which means that the order placement implies payment from the buyer.

To pay for the order, the buyer has a range of payment options available to them and these are listed on the seller’s website. The buyer guarantees the seller that he has the authorisations needed to use the payment method of hischoice when submitting their order. The seller reserves the right to suspend any order management and delivery in the case of refusal of payment authorisation of the bank card from officially accredited bodies or in the event of non-payment. The seller also reserves the right to refuse to deliver or honour an order from a buyer who has not fully or only partially paid a previous order or with whom a payment dispute is ongoing. 

Payment is to be made in full on the day of the order according to the following payment methods: by bank card (VISA, MasterCard, American Express), Paypal, bank transfer, and cheque (cheque is only available in mainland France).

 

DELIVERY TIMES - REFUND - RESOLUTION

Except for the case of force majeure and public holidays and depending on stock availability, the shipping times will be as indicated below. Delivery times run from the order registration date indicated on the order confirmation email.

For orders to mainland France, any order placed and paid for before 11am can be delivered the following day before 1pm with Chronopost or between 2 and 4 days for the rest of Europe. These delivery times are the responsibility of the courrier and not BEST COGNAC CHAMPAGNE. Longer delivery times cannot give rise to damages. For deliveries abroad, the shipping time will vary depending on the destination. Orders are only sent between Monday and Friday, excluding public holidays. For any further information, please contact us on +33(0)983 384 684.

If an ordered product is unavailable, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice to ask for a refund which will be paid within 14 days of their payment or exchange the product.

 

DELIVERY TERMS

Delivery means the transfer of physical possession to the consumer for goods inspection. Products ordered will be delivered according to the terms and shipping times specified below.

Products are delivered to the address indicated by the buyer in his purchase order, the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be re-sent at the buyer’s expenses. Upon request, the buyer can receive an invoice to his billing address and not his shipping address by choosing this option on the order form.

If the buyer is out when the order is delivered, the delivery person will leave a card in the letter box explaining where and when the buyer can collect the package.

If the original packaging is damaged, torn, or open when it is delivered, the buyer must check the state of the items. If they are damaged, the buyer must refuse the package and note a concern on the delivery slip (packaged refused because it is open or damaged).

The buyer must write down any anomalies concerning delivery on the delivery note and sign it (damage, product indicated on the delivery note missing, damaged package, broken product, etc.).

This verification is considered to have been carried out once the buyer, or a person authorised by the buyer has signed the delivery slip.

The buyer must then confirm these reservations to the courrier by registered mail within two working days of receipt of the item(s) and send a copy of this letter to the seller by fax or mail to the address indicated in the website’s legal notice.

If the products need to be sent back to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made after this deadline will not be accepted. This product return can only be accepted if the product is in its original state (packaging, accessories, instructions, etc.).

DELIVERY ERRORS

The buyer must make any delivery error complaint and/or a complaint of product non-conformity in kind or in quality compared to the details on the order form to the seller on the same day of delivery or on the first working day following delivery at the latest. Any complaint placed after this deadline will be rejected.

The complaint can be made via:

- phone to the following number: +33(0)983 384 684.

- by email to the following address: info@best-cognac-champagne.com

Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability to the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product(s) concerned and will communicate it to the buyer by email. Product exchange can only take place after than exchange number has been assigned.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller in full and in its original packaging, by registered Colissimo delivery, to the following address: Lieu-dit Montauban - 19 rue de la Scierie, 17810 Nieul-lès-Saintes FRANCE.

Return costs will be at the seller’s expense.

 

SHIPPING COSTS

You can find all the information linked to this section by clicking here. 

 

APPLICATION OF RIGHT OF WITHDRAWAL

In accordance with the provisions of the Consumer Code, the buyer has 14 days from the date of order delivery to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be re-marketed as new, accompanied by the purchase invoice.

Damaged, dirty or incomplete products will not be accepted.

The right of withdrawal can be exercised by the buyer by notifying his decision to withdraw from this contract via an unambiguous declaration (for example, by letter or email) to the following addresses: Best Cognac Champagne Lieu-dit Montauban, 19 rue de la Scierie, 17810 Nieul-lès-Saintes FRANCE, email: info@best-cognac-champagne.com)

The buyer can also use the model withdrawal form if wishable.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and delivery costs are reimbursed.

Return costs will be at the buyer’s expense.

The exchange (subject to availability) or the refund will be made within 8 days, and at the latest, within 14 days of the seller's receipt of the products returned by the buyer within the conditions provided above.

Exceptions: According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for goods made to the consumer's specifications or clearly personalised.

 

FORCE MAJEURE

All circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and disappearance.

Any circumstances beyond control, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. More explicitly, the following are considered as force majeure or fortuitous events, in addition to those usually retained by the case law of the French courts and tribunals: the blocking of transport means or supplies, earthquakes, fires, storms, floods, lightning, the shut-down of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

 

INTELLECTUAL PROPERTY

The content of this website remains the seller's property. Texts, photographs and images, charts and logos remain the exclusive property of the seller or, where applicable, their respective holders from whom the seller has obtained the operating authorisations.

Any reproduction, in whole or part, of this content is strictly forbidden and is likely to constitute a counterfeiting offence. Buyers also agree not to use this content in any way.

PROTECTION OF PERSONAL DATA

You can find our privacy policy by clicking here.

 

CONTRACT LANGUAGE

These terms and conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

 

MEDIATION AND SETTLEMENT OF DISPUTES

The buyer can resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Pursuant to article 114. para. 1 of European regulation n° 524/2013 of 21 May 2013 relating to RELC, the European Commission provides consumers with an online dispute resolution platform available at this address: http://ec.europa.eu/con- sumers/odr/

 

APPLICABLE LAW

These terms and conditions are subject to the application of French law. The competent court is the judicial court of the seller.

This is the case for the substantive rules and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to reach an amicable solution.

 


Appendix: 

BEST COGNAC CHAMPAGNE

Withdrawal form*

I, the undersigned: …………………………………………………………………………………………….

Address: ………………………………………………………………………………………………………..

Email: ……………………………………………………………………………………………………………

Hereby informs you that I renounce my contract of sale on the following product(s):

-

-

Ordered on: …………………………………………………………………………………………..

Order No.: ………………………………………………………………………………………….

Received on: ……………………………………………………………………………………………………..

Date and signature:

 

Under the new consumer law of 17 March 2014, you have 14 days from receipt of your order to return this form to us. As soon as the withdrawal form is sent, you have another 14 days to return unwanted products in their original packaging, for exchange or refund, without penalty. Return costs will be at your expense, consult our full terms and conditions on www.best-cognac-champagne.com or on request at: info@best-cognac-champagne.com