Article 1 : Company
LES CLOS VIVANTS is the commercial name of ALYZEES DISTRIBUTION, SARL with a capital of 8 000€ whose head office is located in DIJON (21000), 1 rue Musette.
The company, whose legal representative is Mr. Adrien Tirelli, is registered in the Dijon Trade and Companies Register under the number 453887556.
The intra-community VAT number is FR57453887556.
Director of publication: Adrien Tirelli
Site hosted by : Infomaniak – Ethical host based in Switzerland.
Article 2 : Application of these general conditions of sale
The general conditions presented here apply to any purchase made from the company ALYZEES DISTRIBUTION on its online store via the website www.lesclosvivants.fr. To know the conditions of their order, the customer can click at any time, even before placing an order, on “General Conditions of Sale”.
Placing an order implies the full and unrestricted acceptance by the customer LES CLOS VIVANTS to the various clauses presented in these GTC. These conditions thus presented are subject by right in the existing contractual relations between the Customer and the company ALYZEES DISTRIBUTION.
The offers presented by Les Clos Vivants are reserved for private customers and legal entities such as companies, groups and professionals under certain conditions.
The customer declares before validation of his order to have accepted these GTC and consequently, to adhere to them entirely.
Article 3 : Ordering procedure
All orders are placed on the website www.lesclosvivants.fr.
The customer builds a basket by choosing the number of products they want. Once their selection is made, the customer validates their basket and their method of payment.
After accepting the GTC, and made the payment, the order is submitted to the validation of the store LES CLOS VIVANTS.
The verification service of the store CLOS VIVANTS is entitled to require from the customer proof of identity and residence as well as extract K-bis, VAT number for legal entities to validate the order. In case of refusal by the customer or non-conformity of the documents, LES CLOS VIVANTS may refuse and cancel the order.
The order is validated by LES CLOS VIVANTS, if it is not validated, the customer will be informed and will be reimbursed for items or services not validated.
An invoice is issued by LES CLOS VIVANTS and available in the “my account” on the site LES CLOS VIVANTS. At the request of the customer, an invoice can be sent by email, or to his billing address. An order confirmation is sent by mail upon validation by LES CLOS VIVANTS.
In accordance with the terms of the law n°80 336 of May 1st 1980, relating to the property reserve, the products remain the property of ALYZEES DISTRIBUTION until the complete payment of the invoices. The customer becomes the owner and responsible for the articles as of the delivery, the transfer of possession being worth transferring the risks.
Article 4 : Method of payment and prices
A : PAYMENT METHODS
The payment of the products can be done by bank transfer or credit cards including AMEX.
Payments by bank transfer are subject to the approval of ALYZEES DISTRIBUTION who has the right to refuse this method of payment. A RIB will be sent to the buyer once the request is accepted.
B : PRICE
For France, the prices are expressed in Euros (€) and displayed including all taxes (French VAT and all other applicable taxes).
For the other countries of the European Union, the price differs according to the country of delivery of the product and will take into account the local VAT of the country of consumption and the other taxes (excise).
For countries outside the European Union, the price will be expressed without tax and the local VAT of the country of consumption and other import taxes will be paid by the customer upon presentation of the package or before presentation of the products by the local customs representative.
The price indicated on the product sheets is indicated excluding transport costs. On the same product the price can vary according to the quantities chosen. The transport costs vary according to the place of delivery.
The delivery rates applicable when ordering are available on the site.
The company LES CLOS VIVANTS reserves the right to change its selling prices.
Article 5 : Delivery
The customer can choose to :
- To recuperate their order from our store located at 1 rue Musette, 21000 Dijon on presentation of their identity card and their nominative invoice.
- To have their order delivered to their home with Chronopost
- To have their order delivered to their home with UPS
- Pick up their package at a relay point with UPS or Chronopost
National delivery : As soon as the order is validated by LES CLOS VIVANTS, the company launches the transport and delivery operations. The delivery of items ordered is made to the address provided by the customer. The delivery information provided by the customer is binding. In case of error or lack of information leading to a defect or lack of delivery, the company LES CLOS VIVANTS will not be held responsible. In case of return for incomplete address, the customer will have the opportunity either to change his address and see the goods reshipped by bearing the new cost of return, or to be reimbursed the order by deducting the initial shipping costs.
Community delivery : For the customer wishing to be delivered in a country of the EU mentioned in the list of countries offered in delivery, as a national delivery, the company LES CLOS VIVANTS is responsible for the delivery of its products.
Delivery to the United States : The transport and the administrative management are entrusted to the MBE Company, which will invoice the customer directly. The customer will receive a payment link by email to pay the shipping and insurance costs as well as additional taxes according to the rules in force in the destination state. This ensures that the customer will receive the most accurate calculation of the shipping costs.
Delivery in the rest of the world : shipments of wines and spirits is subject to compliance with local legislation of destination. The company LES CLOS VIVANTS reserves the right to modify or cancel orders that do not comply with customs regulations and local laws (eg maximum alcohol content, minimum age for the purchase of wine, number of bottles per recipient or per shipment, etc. …). In any case, if a problem of non-compliance was detected, the company CLOS VIVANTS undertakes to inform the customer as soon as possible and to do its best to propose a solution in compliance with the legislation in force. If it is impossible to ship the items to the destination of the buyer, the entire order will be refunded.
Conditions of eligibility for the tax exemption for Swiss residents : The company LES CLOS VIVANTS offers the possibility to Swiss residents to pick up their order at 1 rue Musette 21000 DIJON and obtain a tax exemption.
Orders are eligible for tax exemption with a minimum amount of 175 € TTC purchase and a maximum amount of 1 000 € TTC. Quantities are limited to 15 units per identical reference and to 90L of still wine including 60L of sparkling wine, 10L of spirits and 20L of intermediate beverage. The customer has a period of 6 months from the date of the invoice to return to Switzerland with the goods. The order will be placed on the site tax included and the refund of 20% VAT will be executed as soon as the recipient has provided proof to LES CLOS VIVANTS that the goods have been cleared by customs. The refund will be made via the same payment method used by the buyer when placing the order. To facilitate the procedure, the customer may send to LES CLOS VIVANTS by e-mail a copy of an identity document showing the place of residence in Switzerland before picking up the order.
Responsibility for transport : It is the customer’s responsibility to check the contents of the package at the time of receipt and to make reservations if necessary, as follows: on the delivery slip provided by the carrier, in the presence of the deliveryman. And, in all cases, by notifying the company LES CLOS VIVANTS by registered letter addressed to its address of correspondence within 2 days after receipt of the package AND by mail to: email@example.com
Deadlines : The company LES CLOS VIVANTS promises to make every effort to deliver the products ordered as soon as possible. The deadlines vary depending on the product and the destination of the goods. If in the order, the products have different delivery times, it is the longest delivery time that applies to the entire order.
ATTENTION: IN CASE OF DAMAGE OR BREAKAGE
IMPORTANT: The carrier is responsible for the integrity of the package during delivery. It is the customer’s responsibility to check the contents of the package upon receipt and to make precise and motivated reservations stipulating the damage, if any, by writing them on the delivery slip or the electronic box provided by the carrier. The customer also has the possibility to refuse the package if its integrity has not been preserved.
In all cases, the customer must notify the company LES CLOS VIVANTS within 48 hours after receipt of the package by mail at the following address: firstname.lastname@example.org
If all the above conditions are met, the company LES CLOS VIVANTS undertakes to offer a reshipment, a credit or a refund to the customer.
Article 6 : Stock and out of stock
In case of stock shortage on a product ordered, LES CLOS VIVANTS undertakes to inform the customer as soon as possible and will offer different alternatives:
- The replacement of the out-of-stock product by the next vintage or by an equivalent or higher quality product under the same price conditions.
- The refund of the unavailable product(s) or the entire order, depending on the customer’s choice.
In the case of a temporary shortage, the customer will be offered the choice to wait until the date of restocking that will be indicated. The customer will have the possibility of accepting and waiting to receive the whole of his order, to ask for the partial or integral cancellation of his order.
Article 6.1 : Corked bottles
In accordance with international practice, the seller is not required to exchange corked bottles.
However, in case of corked bottles the customer must contact the company LES CLOS VIVANTS by phone or by mail. He must then return the bottle (full or almost full) and its original cork with a letter of accompaniment recalling the number and date of order or go directly to the store. A tasting will then be performed by a qualified member of the team. If the latter confirms that the bottle is corked, the bottle will be replaced identically or with the available vintage, or a credit note for the amount excluding VAT of the bottle will be offered to the customer if he/she is not able to come to the shop to collect the replacement bottle.
Article 6.2 : Texts and images
The images present on the website www.lesclosvivants.fr (photos of articles, images, graphics) are the property of ALYZEES DISTRIBUTION. Unless otherwise mentioned or requested, these images cannot be used for personal or professional purposes, even if modified.
The product descriptions, texts and articles present on the website www.lesclosvivants.fr are the property of ALYZEES DISTRIBUTION. Unless otherwise mentioned or requested, any reproduction or use, even partial for personal or professional purposes is not authorized.
The pictures of the products on the website www.lesclosvivants.fr are used for information purposes and do not represent the bottles offered for sale in a contractual manner. Only the indications relative to the product (name, reference, vintage, volume, etc…) present after confirmation of order and indicated on the invoice are valid.
The descriptive texts of the articles on sale on the site www.lesclosvivants.fr are given as an indication. The remarks, opinions, comments, descriptions cited in reference to an article, on sale or to come, engage only its author and cannot constitute in a contractual way an indication relating to the described article. The comments of tasting being of a personal character, we cannot be held responsible for an error of appreciation or interpretation resulting from the presentation of a product by its photo or its description.
Article 7 : Right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day when you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise this right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a statement unambiguous (eg, letter sent by mail or e-mail with acknowledgment of receipt) by mail to the address LES CLOS VIVANTS, 1 rue Musette, 21000 Dijon, France or by email to email@example.com
You can use the sample withdrawal form but it is not mandatory. Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract) :
To the attention of ALYZEES DISTRIBUTION, 1 rue Musette, 21000 Dijon, France. By Email at firstname.lastname@example.org
I/ We () hereby notify you / notify you () of my / our () withdrawal from the contract for the sale of the goods () belowOrdered on () / received on ()Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Delete as appropriate.
In order for the withdrawal period to be respected, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period. You must bear the direct costs of returning the goods.
Effects of withdrawal
In the event of your withdrawal from this contract, we will refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will make the refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any case, this refund will not incur any costs for you. We may defer the refund until we have received the goods and checked their condition.
You are only responsible for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. In the event that some products have been opened, depreciated or consumed, LES CLOS VIVANTS will have the right to deduct these products from the refund made to the buyer.
Exception to the right of withdrawal
The exercise of the right of withdrawal is excluded for the following contracts:
Contracts for the supply of articles or goods that have been personalized or made to the consumer’s specifications or clearly personalized.
Contracts for the supply of goods that are likely to deteriorate or expire rapidly.
Contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Article 8 : Loyalty program
ACQUISITION OF THE LOYALTY :
You begin to capitalize on your loyalty account for any order placed on the site www.lesclosvivants.fr.
The scale of acquisition is 5% of the amount of the purchase.
Some items or services do not generate loyalty: transport costs, tasting workshop, packaging, etc. … The company LES CLOS VIVANTS reserves the right to exclude certain items from the loyalty program.
USE OF THE LOYALTY :
Your loyalty accumulation can be used whenever you want, however it can not be used to pay for shipping, or in addition to a promo code, or during promotional periods.
The loyalty generated on the website and the one generated in physical store are distinct. You can by simple request ask us to generate a voucher corresponding to your store loyalty to use it online.
The loyalty generated online is not usable in store.
Article 9: Applicable law and dispute resolution
CONSUMER MEDIATION SERVICE: FCD – 12 RUE EULER – 78008 PARIS
Amicable settlement of disputes between the Professional and the Consumer in accordance with Articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.
In the event of unresolved dispute between the Professional and the Consumer, the consumer has the possibility of seizing the mediator of consumption. Before seizing the mediator of consumption, the consumer must already have tried to solve his dispute directly with the Professional by a written complaint or have made a complaint according to the terms of the contract concluded with the Professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, a consumer mediation will take place according to a precise process and according to the texts in force.
For more information: http://www.fcd.fr/
To contact the consumer mediator:
Important: Never send defective or disputed items or items for reimbursement to the consumer ombudsman. Never send original documents to the consumer ombudsman. Please make photocopies
APPLICABLE LAW AND COMPETENT JURISDICTION
The present general conditions of sale are governed by French law. If one of the clauses of the present conditions proves to be null and void, this will not affect the validity or the respect of the present conditions. In case of persistent disagreement concerning these conditions and in the absence of amicable agreement, any dispute will be referred to the competent French courts.
TIME LIMITS FOR REIMBURSEMENT
In the event of a refund following a dispute, we undertake to refund the amount agreed with our customer service department without undue delay and no later than fourteen days from the day on which you agreed in writing to the refund with our customer service department. In the event of a refund in exchange for returned goods, we may defer the refund until we have received the goods or until you have provided proof of shipment of the returned goods, whichever comes first. For refunds by credit card, please note that interbank delays may delay the actual credit to your account by a few days.
Article 10 : Data protection
In accordance with the law n° 78-17 of January 6th 1978, relative to Computers, Files and Liberties, you have the right to access, rectify and delete personal data concerning you and which are the object of treatment under the responsibility of ALYZEES DISTRIBUTION. You can exercise this right by contacting our customer service by email at: email@example.com or by post.
In order to meet the needs of customers and to ensure optimal remote service, the company LES CLOS VIVANTS is required to record certain personal data (name, first name, address). This information is intended exclusively for LES CLOS VIVANTS and is protected.
Payments by credit card are secured by an online payment system with SSL standards. In addition, all banking information that you give us, during your online purchase, are not stored or visible on the Internet. LES CLOS VIVANTS certifies the confidentiality of your data.