TERMS AND CONDITIONS OF SALE
The present general conditions of sale are concluded between:
Maison Eugène René Société par actions simplifiée, with its registered office at 11 Avenue du 8 Septembre 1944 21200 Beaune France, customer service email: sav@montecarlovermouth.com
Phone number: +33 (0)637177357
and
The persons wishing to make a purchase on the website https://montecarlovermouth.com/
Definitions
For the purposes of this agreement, the parties agree to the following definitions:
“Buyer”: shall mean any natural person, aged 18 or over, acting as a consumer and having placed an order through the Site’s services to purchase Products.
“Vendor”: refers to Maison Eugène René which offers for sale the Products it distributes.
« GTC » : refers to the present General Terms and Conditions of Sale.
“Product”: means the product offered for sale in the form of a bottle of wine and/or spirits. Several bottles of wines and/or spirits will be referred to as “the Products”.
“Product Sheet”: refers to the presentation of the essential characteristics and notably the price of a Product offered for sale on the Site.
« Site »: refers to the website https://montecarlovermouth.com/.
- The General Terms and Conditions of Sale
The general terms and conditions of sale concern exclusively the Products and services offered for sale online by Maison Eugène René to the Buyers. Access is free and open to all internet users aged 18 or over. If you do not meet this condition, please leave the Site now. Access to this Site is restricted to persons connecting from French territory. If you do not meet this criterion, it is your responsibility to ensure that the legislation of the country from which you are connecting authorizes such access. The GTC are available to consumers in French and English. In the event of any discrepancy, the French version shall prevail. The validation of the order by its confirmation implies the Buyer’s acceptance of the GTC on the day of the order.
Maison Eugène René reserves the right to modify the general terms and conditions of sale at any time. The modifications will come into force upon their publication online.
- Protection of minors
Alcohol abuse consumption is harmful to health and should be consumed in moderation. In accordance with article L.3342-1 of the French Public Health Code, which prohibits the sale of alcoholic beverages to minors under the age of 18, the consumer undertakes, by paying for the order on the Maison Eugène René’s Site, to be at least 18 years old.
- Online shop
The online shop is accessible on our website, https://montecarlovermouth.com/.
On the online shop, a price and a detailed description are associated with each Product offered for sale in the Maison Eugène René catalogue. The description of each Product complies with article L.111-1 of the Consumer Code. The descriptions provided by Maison Eugène René may be modified at any time.
- The Price
The selling price of the Product is the one effective on the day of the order placed by the Buyer. The price is displayed inclusive of all taxes, excluding transport costs. The price of each Product is indicated in the catalogue of the online shop. The cost of delivery will be fixed according to the quantities ordered, and will be indicated before the order is validated.
Maison Eugène René reserves the right to modify its prices while guaranteeing the application of the price fixed on the day of the order.
- Order
The order will be validated when the Buyer has completed all the necessary steps, namely:
Select the items and add them to the basket. Specify the preferred delivery method and validate the basket. Log in or register to provide the necessary data for the proper processing of the order. Choose the payment method, confirm and make the payment. Confirmation of the order by the Buyer implies acceptance of the GTC. The Buyer will receive an order confirmation via email.
Any modification of the order by the Buyer after confirmation must be submitted to Maison Eugène René.
No sales will take place between 10pm and 8am.
- Out of stock
In case of unavailability of the ordered Products Maison Eugène René will inform the Buyer and propose an alternative. The Buyer may choose to accept the alternative Product or receive a refund of the debited amount, according to his preference. In the latter case, the contract between the Buyer and Maison Eugène René will be automatically terminated and both parties will be released from their obligations. The Buyer’s bank account will be credited with the amount of the cancelled order within seven (7) days. However, only the order for the sale of the unavailable Product(s) is affected by this resolution, all other orders for available Product(s) will be maintained.
- Method of payment
Payment for purchases is made by credit card. The Buyer will be charged of the price of the Product(s) purchased as of the moment the online order is validated and confirmed by the Buyer.
If Maison Eugène René does not receive the payment within forty-eight hours (48h) from the date of order, the sales contract is automatically cancelled. Each party is therefore released from its obligations.
- Shipping and delivery
The delivery of the Product(s) is currently available in France, Monaco, Spain, Belgium, Netherlands and the UK.
Delivery costs are charged to the Buyer at the rate in force on the date the order is placed.
In case of absence at the place of delivery, additional transport costs may be charged to the Buyer. The delivery time is 10 working days following the day of processing the validated and paid order. Upon delivery, the Buyer is required to check the condition of the packaging and the content of the package(s). In the event of damage or lack of conformity, the Buyer is required to make detailed reservations on the delivery note, specifying the observed anomalies and to promptly inform Maison Eugène René. If breakage is observed, the Buyer must reject the damaged package, indicate it on the delivery note and immediately inform Maison Eugène René by e-mail or telephone (see the Vendor’s contact details at the beginning of this document). When the Buyer signs the delivery note without reservation, the package(s) is/are considered delivered in good conditions in accordance with the order.
The Products are delivered to the delivery address indicated by the Buyer when ordering.
In the event of an incomplete or incorrect delivery address, resulting in the carrier having to return the ordered Product(s), all additional costs incurred due to this oversight or error will be entirely borne by the Buyer. The reshipment of the order will take place only upon the payment of the reshipment costs by the Buyer.
The Products are delivered in accordance with the carrier’s terms and conditions of delivery. Maison Eugène René cannot be held responsible for any incident occurring during transport. However, Maison Eugène René will ensure reimbursement to the Buyer, either directly or via the carrier.
- Right of withdrawal
The Buyer is granted a period of (14) fourteen clear days from the date of delivery of the order to notify the intention to exercise the right of withdrawal and to return the delivered item for exchange or reimbursement, at the Buyer’s choice. The cost of returning the goods is born by the Buyer.
For reasons of hygiene and health protection, the Buyer will not be entitled to exercise the right of withdrawal once the Product delivered has been unsealed.
The notification of the intention to withdraw may be made using the form provided below and sent to the customer service department by e-mail or telephone.
To the attention of Maison Eugène Rene Sas
11 Avenue du 8 Septembre 1944 21200 Beaune France
Email : sav@montecarlovermouth.com
Telephone: +33 (0)637177357
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:
Ordered on (*)/received on (*) :
Order number :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
Maison Eugène René undertakes to reimburse the Buyer within a maximum period of (14) fourteen clear days following notification of withdrawal and on condition that the Products are returned intact. The cost of returning the Product remains at the charge of the Buyer.
- Warranties
The Products supplied by the Vendor are covered by as of right and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
-the legal warranty of conformity, for the packaging of the Products that appear to be defective, deteriorated or damaged or that do not correspond to the order;
-the legal warranty against hidden defects resulting from a defect in material, design or manufacturing, affecting the Products delivered and making them unfit for use. This guarantee does not cover the Product deterioration due to transportation or inappropriate storage conditions (temperature, humidity, exposure to light). Furthermore, no returns will be accepted for subjective reasons of non-conformity (for instance, and not limited to, the taste). In order to assert his rights, the Buyer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of fourteen (14) days from delivery of the Products or ‘(the discovery of hidden defects within a maximum period of fourteen (14) days from their discovery.
The Vendor will refund or replace Products under warranty that are deemed to be non-compliant or defective. In this eventuality, art. 6 of the GTC shall apply in the event of stock shortage.
Beyond this deadline, the Vendor cannot guarantee the Products, as no control over the quality of the storage location (an essential element in the conservation of the Product) can be performed, unless the Buyer can provide proof that the deterioration of the Product predates the sale.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within fifteen (15) days of the Vendor establishing the non-compliance or hidden defect.
The refund will be made either by crediting the Buyer’s bank account or by sending a cheque to the Buyer.
The Vendor cannot be held liable in the following circumstances:
-non-compliance with the legislation of the country to which the Products are delivered, which is the responsibility of the Buyer to verify,
-in the event of misuse, professional use, negligence or lack of maintenance by the Buyer, as well as in the event of normal Product wear and tear, accident or force majeure.
In any case, the Vendor’s warranty is limited to the replacement or refund of non-compliant or defective products, which the customer expressly accepts.
The Vendor disclaims any responsibility in the event of malfunctions, technical failures or problems accessing the website, regardless of the reason, duration or frequency.
The visuals on the Site are not contractually binding.
- Consumer mediation
In accordance with L.612-1 of the French Consumer Code, every consumer has the right to have recourse free of charge to a consumer mediator to seek an amical resolution of their dispute with a professional. It should be noted that mediation is not compulsory, but only offered as a means of resolving disputes without recourse to the courts.
- Invalidity of a clause
Any clause of the GTC that is declared null and void pursuant to a law, regulation or final decision of a competent court shall be rendered ineffective, but its nullity will not affect the other provisions or the validity of the GTC. To the extent possible, if a clause or subclause, or a part thereof, can be separated from the rest of the clause to make the remaining part valid, the clause should be interpreted accordingly. Otherwise, the Buyer agrees that the clause concerned shall be rectified and interpreted in such a way that aligns with the original intent of the clause, in accordance with the law.
- Dispute resolution
These terms and conditions of sale are governed by French law.
In the event of a claim, we kindly ask you to contact us by e-mail: sav@montecarlovermouth.com in order to find an amicable solution.
Any dispute relating to the GTC that cannot be resolved amicably will be referred to the competent French courts.
