General conditions of sale
Article 1: Company
LES CLOS VIVANTS is the trading name of ALYZEES DISTRIBUTION, a limited liability company with a share capital of €8,000, whose registered office is located in DIJON (21000), at 1 rue Musette.
The company, whose legal representative is Mr. Adrien Tirelli, is registered with the Dijon Trade and Companies Register under number 453887556.
The intra-community VAT number is FR57453887556.
Publishing Director: Adrien Tirelli
Site hosted by: Infomaniak – an ethical hosting provider based in Switzerland.
Article 2: Application of these general conditions of sale
The general terms and conditions presented herein apply to all purchases made from ALYZEES DISTRIBUTION through its online store via the website www.lesclosvivants.fr. To view the terms and conditions of their order, customers can click on "General Terms and Conditions of Sale" at any time, even before placing an order.
Placing an order implies the customer's full and unrestricted acceptance of the various clauses presented in these General Terms and Conditions. These conditions are automatically subject to the existing contractual relationship between the Customer and ALYZEES DISTRIBUTION.
The offers presented by Les Clos Vivants are reserved for individual customers and legal entities such as companies, groups, and professionals, under certain conditions.
The customer declares, before confirming their order, that they have accepted these General Terms and Conditions and, consequently, that they fully adhere to them.
Article 3: Ordering method
All orders are placed on the website www.lesclosvivants.fr.
The customer creates a shopping cart by choosing the number of products they want. Once their selection is made, the customer confirms their cart and payment method.
After accepting the Terms and Conditions and making payment, the order is submitted for validation by the LES CLOS VIVANTS store.
The LES CLOS VIVANTS store's verification department is entitled to request proof of identity and address from the customer, as well as a K-bis extract (intra-community VAT number for legal entities) in order to validate the order. In the event of refusal by the customer or non-compliance with 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 reimbursed for any items or services not validated.
An invoice is issued by LES CLOS VIVANTS and is available in the "My Account" section of the LES CLOS VIVANTS website. Upon customer request, an invoice can be sent by email or to the customer's billing address. An order confirmation is sent by email upon validation by LES CLOS VIVANTS.
In accordance with the terms of Law No. 80 336 of May 1, 1980, relating to retention of title, the products remain the property of ALYZEES DISTRIBUTION until full payment of the invoices. The customer becomes the owner and responsible for the items upon delivery, with the transfer of possession constituting a transfer of risk.
Article 4: Method of payment and price
A: PAYMENT METHODS
Payment for products can be made by bank transfer or credit card, including AMEX.
Payments by bank transfer are subject to approval by ALYZEES DISTRIBUTION, which reserves the right to refuse this payment method. A bank account number will be sent to the buyer once the request is accepted.
B: PRICES
For France, prices are expressed in Euros (€) and include all taxes (French VAT and all other applicable taxes).
For other European Union countries, the price varies depending on the country of delivery and will take into account the local VAT of the country of consumption and other taxes (excise duties).
For countries outside the European Union, the price will be expressed exclusive of tax, and the local VAT of the country of consumption and other import taxes will be payable 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 excludes shipping costs. For the same product, the price may vary depending on the quantities selected. Shipping costs vary depending on the delivery location.
The delivery rates applicable at the time of ordering are available on the website.
LES CLOS VIVANTS reserves the right to modify its sales prices.
Article 5: Delivery
Customers can choose to:
- Pick up their order in person from our store located at 1 rue Musette, 21000 Dijon, upon presentation of their ID and invoice.
- Have their order delivered to their home by Chronopost
- Have their order delivered to their home by UPS
- Pick up their package at a collection point with UPS or Chronopost
National Delivery: As soon as the order is validated by LES CLOS VIVANTS, the company begins transport and delivery operations. The ordered items will be delivered to the address provided by the customer. The delivery information provided by the customer is binding on the customer. In the event of an error or lack of information resulting in a fault or non-delivery, LES CLOS VIVANTS cannot be held responsible. In the event of a return due to an incomplete address, the customer will have the option of either changing their address and having the goods reshipped, bearing the new return costs, or receiving a refund for the order less the initial shipping costs.
Community delivery: For customers wishing to have their products delivered to an EU country listed in the list of countries offered for delivery, in the same way as for national delivery, LES CLOS VIVANTS is responsible for the delivery of its products.
Shipping to the United States: Shipping and administrative management are handled by MBE, which will invoice the customer directly. The customer will receive a payment link by email to pay shipping and insurance costs, as well as additional taxes, according to the regulations in force in the destination state. This guarantees the customer an accurate calculation of shipping costs.
Delivery to the rest of the world: shipments of wines and spirits are subject to compliance with local destination legislation. LES CLOS VIVANTS reserves the right to modify or cancel orders that do not comply with customs regulations and local laws (for example: maximum permitted alcohol content, minimum age for purchasing wine, number of bottles per recipient or per shipment, etc.). In any case, if a problem of non-compliance is detected, LES 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 not possible to ship the items to the buyer's destination, the entire order will be refunded.
Tax refund eligibility conditions for Swiss residents:
LES CLOS VIVANTS offers Swiss residents the opportunity to pick up their order in person at 1 rue Musette, 21000 DIJON, and obtain a tax refund.
Orders with a minimum purchase amount of €175 including tax and a maximum purchase amount of €1,000 including tax are eligible for tax refunds. Quantities are limited to 15 units per identical product and 90L of still wine, including 60L of sparkling wine, 10L of spirits, and 20L of intermediate beverages. The customer has six months from the invoice date to return the goods to Switzerland. The order will be placed online, tax included, and the 20% VAT refund will be processed as soon as the recipient provides LES CLOS VIVANTS with proof that the goods have been cleared by customs. The refund will be issued via the same payment method used by the buyer when placing the order. To facilitate the process, the customer may email LES CLOS VIVANTS a copy of an identity document showing their place of residence in Switzerland before picking up their order.
Shipping Responsibility: It is the customer's responsibility to check the contents of the package upon receipt and to express any reservations, as follows: on the delivery slip provided by the carrier, in the presence of the delivery person. And, in all cases, by notifying LES CLOS VIVANTS by registered letter addressed to their postal address within 2 days of receipt of the package AND by email to: dijon@lesclosvivants.fr
Delivery Times: LES CLOS VIVANTS undertakes to make every effort to deliver the ordered products as quickly as possible. Delivery times vary depending on the product and the destination of the goods. If the products in the order have different delivery times, the longest delivery time applies to the entire order.
WARNING: 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 specific and reasoned reservations, stating any damage, by writing them on the delivery slip or the electronic box provided by the carrier. The customer also has the option of refusing the package if its integrity has not been preserved.
In all cases, the customer must notify LES CLOS VIVANTS within 48 hours of receiving the package by email at the following address: dijon@lesclosvivants.fr
If all of the above conditions are met, LES CLOS VIVANTS undertakes to offer a reshipment, a credit note, or a refund to the injured customer.
Article 6: Stock and out of stock
In the event of a product being out of stock, LES CLOS VIVANTS undertakes to inform the customer as soon as possible and will offer various alternatives:
- Replacement of the out-of-stock product with the next vintage or an equivalent or higher-quality product under the same pricing conditions.
- Refund of the unavailable product(s) or the entire order, at the customer's discretion.
In the event of a temporary shortage, the customer will be offered the option of waiting until the restocking date, which will be indicated to them. The customer will have the option to accept and wait to receive their entire order, or to request partial or complete cancellation of their order.
Article 6.1: Corked Bottles
In accordance with international practice, the seller is not required to exchange corked bottles.
However, in the event of corked bottles, the customer must contact LES CLOS VIVANTS by telephone or email. The customer must then return the bottle (full or nearly full) and its original cork at their own expense, along with a letter stating the order number and date, or visit the store directly. A tasting will then be conducted by a qualified member of the team. If the member confirms that the bottle is corked, the bottle will be replaced with an identical bottle or with the available vintage, or a credit note for the amount of the bottle (excluding VAT) will be offered to the customer if the customer is unable to collect the replacement bottle in person.
Article 6.2: Texts and Images
The images on the website www.lesclosvivants.fr (product photos, images, graphics) are the property of ALYZEES DISTRIBUTION. Unless otherwise stated or otherwise requested, these images may not be used for personal or professional purposes, even if modified.
The product descriptions, texts, and articles on the website www.lesclosvivants.fr are the property of ALYZEES DISTRIBUTION. Unless otherwise stated or otherwise requested, any reproduction or use, even partial, for personal or professional purposes is prohibited.
The product photos on the website www.lesclosvivants.fr are used for informational purposes and do not contractually represent the bottles offered for sale. Only the product information (name, reference, vintage, volume, etc.) presented after order confirmation and indicated on the invoice are valid.
The descriptive texts of the items for sale on the website www.lesclosvivants.fr are given for informational purposes only. The remarks, opinions, comments, descriptions cited in reference to an item, for sale or to come, are the sole responsibility of its author and cannot contractually constitute an indication relating to the item described. Tasting comments being of a personal nature specific to each individual, we cannot be held responsible for any error of judgment or interpretation arising from the presentation of a product by its photo or description.
Article 7: Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and indicated by you, acquires 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 an unambiguous statement (e.g., a letter sent by post or email with acknowledgment of receipt) by post to LES CLOS VIVANTS, 1 rue Musette, 21000 Dijon, France, or by email to dijon@lesclosvivants.fr
You can use the model withdrawal form, but it is not obligatory. 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 to dijon@lesclosvivants.fr
I/We () hereby notify you of my/our () withdrawal from the contract for the sale of the item () below.
Ordered on () / received on ()
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is submitted on paper)
Date
(*) Delete as appropriate.
To meet the withdrawal deadline, you simply need to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You will have to bear the direct costs of returning the goods.
Effects of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back and checked their condition.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. In the event that certain products have been started, depreciated or consumed, LES CLOS VIVANTS will have the right to deduct these products from the reimbursement made to the buyer.
Exception to the Right of Withdrawal
The right of withdrawal is excluded for the following contracts:
- Contracts for the supply of items or goods that have been personalized or made to the consumer's specifications or are clearly personalized.
- Contracts for the supply of goods that are likely to deteriorate or expire rapidly.
- Contracts for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.
Article 8: Loyalty program
EARN LOYALTY:
You begin earning money on your loyalty account for every order placed on the website www.lesclosvivants.fr and in-store.
The earning rate is 5% of the purchase amount.
Certain items or services do not earn loyalty points: shipping costs, tasting sessions, packaging, etc. LES CLOS VIVANTS reserves the right to exclude certain items from the loyalty program.
UTILISATION DE LA FIDELITE :
Votre cumul de fidélité peut être utilisé uniquement lors de votre passage au magasin, il ne peut pas être utilisé pour régler les frais de port, ni en complément d’un code promo, ni pendant les périodes promotionnelles.
La fidélité générée sur le site internet s’additionne avec celle générée en boutique physique. Si vous n’avez pas la possibilité d’utiliser votre solde fidélité lors d’un de vos passage au magasin, vous pouvez demander exceptionnellement un bon d’achat du montant de votre cumul fidélité à utiliser en ligne.
Article 9: Applicable law and dispute resolution
CONSUMER MEDIATION SERVICE: FCD – 12 RUE EULER – 78008 PARIS
Amicable settlement of disputes between professionals and consumers in accordance with Articles L611-1 to L641-1 and R612-1 to R616-2 of the French Consumer Code.
In the event of an unresolved dispute between a professional and a consumer, the consumer may contact the consumer mediator. Before contacting the consumer mediator, the consumer must have already attempted to resolve their dispute directly with the professional through a written complaint or have filed a complaint in accordance with the terms of the contract entered into with the professional.
Consumer mediation is an out-of-court resolution of consumer disputes.
If the conditions are met, consumer mediation will take place according to a specific process and in accordance with the applicable regulations.
For more information: http://www.fcd.fr/
To contact the Consumer Ombudsman:
Important: Never send defective, disputed, or refunded items to the Consumer Ombudsman. Never send original documents to the Consumer Ombudsman. Please make photocopies.
APPLICABLE LAW AND JURISDICTION
These general terms and conditions of sale are governed by French law. If any clause of these terms and conditions is found to be null and void, this will not affect the validity or compliance with these terms and conditions. In the event of persistent disagreement regarding these terms and conditions, and in the absence of an amicable settlement, any dispute will be submitted to the competent French courts.
REFUND DEADLINES
In the event of a refund following a dispute, we undertake to refund you the amount agreed upon with our customer service department without undue delay and no later than fourteen days from the date you agreed to this refund in writing with our customer service department. In the event of a refund in exchange for a returned merchandise, we may defer the refund until we have received the merchandise or until you have provided proof of shipment of the returned merchandise, whichever comes first. For credit card refunds, please note that interbank processing times may delay the actual credit to your account by a few days.
Article 10: Reservation of tasting workshops
Confirmation of a ticket order for a tasting workshop or masterclass via this website constitutes the conclusion of a definitive contract. This implies the customer's unconditional acceptance of all the Terms and Conditions, which they acknowledge having read prior to confirming their purchase. The customer accepts the provisions regarding security and the start and end times of the services. The customer acknowledges that if these regulations are not respected, they will be refused access to the tasting without compensation.
Tickets are personal and may not be resold at a higher price (law of June 27, 1919). The number of seats per transaction cannot exceed 6.
No discounts are applicable after payment of the order.
Your ticket order is only definitively confirmed after you have clicked the "PAY MY ORDER" button, and is only binding on Les Clos Vivants upon receipt of the email confirming the order confirmation. Therefore, we invite you to check your email.
Seats are only guaranteed upon receipt of full payment.
Tickets are only issued upon full payment of the ticket price and any additional fees.
The ticket(s) and online purchase confirmation must be verified by the purchaser upon receipt. No subsequent claims will be accepted.
Tickets issued are unique. However, duplicates may be printed in the event of theft or loss upon presentation of identification, the confirmation email received when purchasing the tickets online, or if the reservation can be traced on the ticketing software. In any event, even in this case, only the ticket holder is authorized to participate in the tasting.
Generally speaking, the ticketing methods offered to you online depend on the time between the reservation date and the event date, as well as the type of rate chosen and the conditions for obtaining it.
When you receive your tickets, you can choose to download them to your smartphone or print your e-ticket yourself. Please ensure that the barcode is clearly legible; partially printed, soiled, damaged, or illegible tickets will not be accepted and will therefore be considered invalid.
Each seat purchased corresponds to a ticket. Tickets purchased online have a unique barcode. Ticket validity is checked and recorded upon arrival. It is not possible to be admitted multiple times with the same ticket. Duplication of tickets is prohibited. Only the first person to present the ticket will be admitted to the event. This person is presumed to be the legitimate ticket holder. Therefore, it is prohibited to reproduce, duplicate, or counterfeit the ticket in any way, or to make it available for such purposes. Keep your ticket in a safe place. Never accept a ticket offered to you by a stranger, as it may be a copy.
The organizer may refuse entry to the event when multiple printouts, reproductions, copies, or imitations of an electronic ticket are in circulation and access to the event has already been previously granted to the holder of a printout, reproduction, copy, or imitation of the corresponding electronic ticket. In particular, the organizer is not required to verify the identity of the person presenting the ticket purchased online to ensure that they are indeed the ticket purchaser, nor to verify the authenticity of the electronic ticket, provided that the imitation or copy cannot be unambiguously identified as such during the event's entry check. If the holder of an e-ticket is turned away for this reason during an access check, there is no right to a refund of the price paid.
Les Clos Vivants declines all responsibility: for any anomalies that may occur during the ordering, processing, or printing of the e-ticket, provided they are not caused intentionally or as a result of negligence; or for loss, theft, or unlawful use of the printable ticket at home.
The date, location, and time of the tasting are indicated on the ticket. Tastings begin on time.
Late participants will only be able to access the tasting according to the tasting host's requirements. Please note: due to educational constraints inherent to some tastings and out of respect for other participants, it may not be possible to admit latecomers, and tickets will not be exchanged or refunded.
The duration of tastings varies, and the time indicated is indicative.
Admission to tastings is subject to compliance with the minimum legal age for tasting alcoholic beverages in France, i.e., 18 years old. We reserve the right to check the identity and age of participants and to refuse a service if it does not meet the legal requirements, without refunding or exchanging tickets.
Cancellations are not possible after the customer has paid for their tickets.
In the event a tasting is interrupted after the first half of the tasting, tickets cannot be returned, exchanged for another date, or refunded.
In accordance with Article L 121-20-4 of the French Consumer Code, tickets and related products cannot be returned by the customer.
For any information or questions, our team is available during store hours by phone: 0380304501 or by email: dijon@lesclosvivants.fr
Article 11: Reservation of tasting workshops
In accordance with French Law No. 78-17 of January 6, 1978, relating to Information Technology, Data Files, and Civil Liberties, you have the right to access, rectify, and delete your personal data processed under the responsibility of ALYZEES DISTRIBUTION. You can exercise this right by contacting our customer service by email at dijon@lesclosvivants.fr or by post.
In order to meet customer needs and ensure optimal remote service, LES CLOS VIVANTS records certain personal data (last name, first name, address). This information is intended exclusively for LES CLOS VIVANTS and is protected.
Credit card payments are secured by an online payment system that meets SSL standards. Furthermore, all banking information you provide to us when making an online purchase is neither stored nor visible online. LES CLOS VIVANTS guarantees the confidentiality of your data.
More information on our privacy policy page.