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Date of last update: 02 June 2023

Preamble

This website https://worldgrandscrus.com/fr/(hereinafter the "Site") is operated by WORLD GRANDS CRUS, a limited liability company, registered under number 793 729 484 and whose registered office is located at the following address: 67 Cours Mirabeau, 13100 Aix-en-Provence.

The customer declares to have read and accepted these general conditions of sale before placing his order. The validation of the order therefore constitutes unreserved acceptance by the customer of these general conditions of sale. Unless proven otherwise, the data recorded on the Site during the customer's order constitute proof of all the transactions made by the customer on the Site.

The customer has the option of saving or editing these general conditions, it being specified that if the saving and editing of this document are of his sole responsibility.

Pursuant to Article L.3342-1 of the Public Health Code, the sale of alcohol is prohibited to minors.

The Customer declares to have the full legal capacity allowing him to be bound by these General Terms and Conditions. The customer certifies when validating his order to be eighteen (18) years old at the date of the order. The Site reserves the right to ask the customer, at the time of his order, material proof concerning his age. The refusal of the customer to produce this proof will result in the refusal of sale, without this being able to engage the responsibility of the Site.

Alcohol abuse is dangerous for your health, consume in moderation.

THE PRODUCTS, SERVICES AND INFORMATION OFFERED BY THIS SITE DO NOT REPLACE ADULT VIGILANCE AT ALL TIMES.

Article 1: Entirety

These terms and conditions express the entirety of the parties' obligations. No general or specific conditions appearing in the documents sent or delivered by the customer may be incorporated herein without the written consent of the Site.

Article 2: Purpose

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the sale of wines, delicatessen and spirits (hereinafter the "Product(s)") proposed by the Site).

The sales contract between the customer and the Site is formed by the following contractual documents, presented in a descending hierarchical order: the order form and these general conditions. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank shall prevail.

Article 3: Order - Bloctel

3.1. Information to be provided when ordering

The customer fills under his sole responsibility the online order form specifying the references of the chosen Products and their quantity. The customer checks the completeness and compliance of the information he provides at the time of the order. The Site cannot be held responsible for input errors and the consequences thereof (delays or errors in deliveries, for example). The costs incurred for the reshipment of the order or the organisation of a new delivery of the Products due to an entry error by the customer, will be of the customer´s sole responsibility.

The customer must create an account before any order validation. As such, the customer will specify his surname, his first name, the delivery and/or billing address, his email address, and his telephone number.

The customer can check the details of his order and the total price before the validating the order by ticking the box provided for this purpose. The customer has the possibility to modify or even cancel his order before its validation. The customer will receive by email confirmation of his order on the Site. The order will only be considered validated after payment by the customer under the conditions specified in Article 8 below. An order may be refused if a payment dispute is in progress with the customer or if the customer has not paid for an order in progress.

3.2. Bloctel

The customer has the right to register at any time on the opposition list related to telephone canvassing on the BLOCTEL website (www.bloctel.gouv.fr).

3.3. Order Confirmation

Contractual information will be the subject of a confirmation via an e-mail, at the latest at the moment of the delivery or, through the postal address indicated by the consumer in his purchase order.

3.4. Proof of transaction

The IT registers, preserved in the Seller's IT systems under reasonable conditions of safety, will be regarded as evidence of communications, orders and payments occurring between the parties. The filing of the purchase orders and the invoices is carried out on a reliable and durable support, being able to be produced by way of proof.

Article 4: Product information

The Site presents the Products for sale with the necessary characteristics that make it possible to comply with Article L 111-1 of the Consumer Code. The potential customer knows before placing the final order the essential characteristics of the Products he wishes to purchase.

Each product is accompanied by a description. Product offers are valid if they appear on the website, subject to availability.

Article 5: Availability - Reassortment

In the event of unavailability of the Product after placing the order, the customer will be informed by email or telephone according to the choices outlined in the contact details indicated at the time of placing the order. The customer may be offered a similar Product at an identical price.

If the customer refuses the replacement Product, he can then cancel his order by sending an email to contact@worldgrandcrus.com or by postal mail to the following address :

WORLD GRANDS CRUS, 67 Cours Mirabeau, 13100 Aix-en-Provence.

The customer will be refunded at the latest 14 days from the date of payment.

The Site cannot guarantee the reassortment of the Products sold and be responsible only to the extent of the suppliers’ possibilities.

Article 6: Anti-fraud checks

To ensure the security of transactions and to respond to the concern of the greatest number of people to prevent fraud in terms of distance selling, the Site carries out random controls on the placing of orders. As part of a random check, the Site invites the customer by email to send proof of address and/or identity (the purpose being to ensure the reality of the identity and domiciliation [for example an energy, or telephone bill, and an identity document]) for the execution of the order. In the absence of proof or if the documents sent do not allow to ensure the identity of the author of the order and the reality of the domiciliation, the Site will be obliged to cancel the order to guarantee the security of online transactions.

Article 7: Prices

The prices of the Products are indicated on the Site in Euros, all taxes included, excluding delivery and preparation costs indicated before the validation of the order. The prices appearing on the Site may be modified at any time, but the Product will be invoiced to the customer on the basis of the rate in force at the time of validation of his order. The prices consider the applicable VAT when placing the order and any change in the applicable VAT rate will be automatically passed on to the price of the Products. At no time may the sums paid be considered as a deposit or down payment.

Payment of the full price must be made when placing the order. At no time may the sums paid be considered as a deposit or down payment.

Article 8: Payment methods

To pay for his order, the customer has, has the following, payment methods proposed on the Site at the time of the order, namely: credit cards or by a bank transfer.

The consumer guarantees that he disposes of all the necessary authorisations necessary to use the payment method chosen by him, at the time of the purchase order validation.

The Company reserves the right to suspend any order and any delivery in the event of a bank card authorisation refusal by the officially accredited agencies, or in the event of non-payment.

Article 9: Right of withdrawal

In accordance with the legal provisions in force, the customer has 14-day period from the moment when the customer or his agent has physically taken possession of the Product to exercise his right of withdrawal without having to justify reasons or pay a penalty. Any request for withdrawal should be addressed to the following e-mail address : contact@worldgrandcrus.com.

The customer must send the request for withdrawal either by using the form that he will find in the appendix of these general sale conditions or by sending an unambiguous withdrawal request.

A return number will then be assigned to the Product. The Product must be returned, intact, in its entirety and in its original packaging, by tracked Colissimo to the following address :

WORLD GRANDS CRUS, 67 Cours Mirabeau, 13100 Aix-en-Provence.

Only the entirety of the Products, in their original intact packaging, and in a perfect condition to be resold will be retaken.

The Customer's liability is only incurred with respect to the Product´s depreciation resulting from manipulations other than those necessary to establish the nature, characteristics and correct functioning of the Product.

In view of the nature of certain Products, the customer is informed that the right of withdrawal is not applicable in the event of opening the Products.

This withdrawal right is exempt of any penalty, excepting those incurred by shipping and return costs. In the event of the exercise of the right of withdrawal, the customer will be refunded.

The refund of the customer will be made without undue delay and in any case, at the latest 14 days from the day on which the Site receives proof of the return of the Product by the customer. The refund will be made using the same means of payment that the customer used for the initial transaction, unless the customer expressly requests a different means. In any case, the reimbursement will not entail any costs for the customer.

Article 10: Delivery

10.1. Terms of delivery

The Products may be delivered in France and abroad. For any delivery abroad, the Site nevertheless reserves the right to refuse a country of destination.

Shipping costs will depend on weight and destination.

The customer is informed of the cost associated with the delivery of the Product before sending his order.

The products are delivered to the address specified by the customer on the order form. The Site undertakes to deliver at the latest on the date or delivery period indicated at the time of the placement of the order (Article L.216-1 et seq. of the Consumer Code).

In the case of items delivered on different dates given their availability, the delivery time is based on the longest period, the Site reserving the possibility of splitting deliveries.

In case of damaged parcels or apparent damage (broken products) missing product…), the customer must either refuse the delivery of the Product by writing on the delivery note detailing the reasons for the refusal or accept the delivery but by affixing precisely written reservations on the delivery note. At the same time, the customer must inform the Site of the refusal of delivery and/or reservations within forty-eight (48) hours :

Preferentially by email : contact@worldgrandcrus.com

By phone at +33 (0)6 09 14 31 15, 7/7 and 24/24

It is also recommended that the customer confirm their reservations directly with the carrier by registered mail with a copy to the Site within 3 working days of delivery or refusal of delivery.

World Grands Crus works mainly with UPS to ensure a world class transport quality. UPS offers the possibility to the customer to collect the ordered Products at a UPS access point closest to the delivery address in case of absence of the initial delivery place during the delivery by the carrier.

Risk transferal will intervene as of the signature of the order form by the Client, or any third parties designated by the Client.

10.2 Delayed delivery

The Product will be delivered on the date confirmed at the time of the order and at the latest within thirty (30) days from the day following that on which the consumer placed his order.

If the Product is not delivered to the customer on the agreed delivery date or within this period of thirty (30) days and this delay is not due to the customer, the customer will be entitled to notify the Site of the suspension of payment of all or part of the price until the Site executes or resolves the contract by following this procedure :

  • - as a first step, the customer must send to the Site by registered letter with acknowledgment of receipt or by another writing on a durable medium a formal notice to deliver the Product within a reasonable additional period.
  • - secondly, if the Site has not delivered the Product within this additional period, the customer may inform the Site, in the same way, that he terminates the sales contract.

The sale's contract will only be resolved upon receipt of this letter or writing informing the Site of this resolution, provided that the delivery has not occurred between the sending of the customer's mail and its receipt.

The sums paid will then be returned to the customer, without doubling, within 14 days of the termination of the sales contract. The above provisions are not applicable in the event of the occurrence of a case of force majeure or fortuitous event.

10.3. Complaints

The customer must open the package in front of the carrier to check the condition of the Products. Any anomaly concerning the delivery (damaged delivery error, missing product compared to the delivery note, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the customer's signature.

The customer is asked to inform the Site of the anomalies found by sending an email within 48 hours (2 days) following the date of delivery detailing the said complaints :

Preferentially by email : contact@worldgrandcrus.com

By phone at +33 (0)6 09 14 31 15, 7/7 and 24/24

In the absence of reservations on the delivery note, the delivery is presumed to be compliant in quantity, quality and appearance.

The customer will not be able to invoke against the Site a defect that he had knowledge of or could not ignore when he acquired the Product.

Article 11. Legal guarantees

11.1 Reminder of legal provisions

The customer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the customer is only required to establish the existence of the lack of conformity and not the date of its appearance.

During this period, the customer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.

The legal guarantee of conformity entails an obligation for the seller, if applicable, to provide all the updates necessary to maintain the conformity of the property. The legal guarantee of conformity gives the customer the right to repair or replace the goods within thirty days of his request, at no cost and without major inconvenience to him.

If the product is repaired under the legal guarantee of conformity, the customer will benefit of a six-month extension of the initial guarantee.

If the customer requests the repair of the product, but the seller imposes its replacement, the legal guarantee of conformity is renewed for a period of two years as of the date of replacement of the product.

The customer may obtain a reduction in the purchase price by retaining the property or terminate the contract by being refunded in full against its return, if :

1. The seller refuses to repair or replace the product;

2. The repair or replacement of the product occurs after a thirty-day period;

3. The repair or replacement of the good causes a major inconvenience to the customer, when the customer bears definitively the costs of recovery or removal of the non-conforming product, or if he bears the costs of installation of the repaired product or replacement;

4. The non-conformity of the product persists despite the attempt to bring the seller to conform has remained unsuccessful.

The customer is also entitled to a reduction in the price of the product or to the termination of the contract when the lack of conformity is so serious that it justifies that the price reduction or the termination of the contract becomes immediate.

The customer is then not obliged to request repair or replacement of the property beforehand.

The customer is not entitled to the resolution of the sale if the lack of conformity is minor. Any period of immobilization of the product with a view to its repair or replacement suspends the guarantee that remained to run until the delivery of the restored property.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code. The seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).

The customer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the product is retained or to a full refund against the return of the of the product.

11.2 Conditions for the implementation of the legal guarantee

The implementation of the legal guarantee of conformity of the Site must be made to the following address : contact@worldgrandcrus.com

The Products concerned must be returned to the Site, intact, in its entirety and packaged to ensure their protection for the transport duration, by Tracked Colissimo, to the following address :

WORLD GRANDS CRUS, 67 Cours Mirabeau, 13100 Aix-en-Provence

Or, in certain very specific cases, in the store closest to his home (see list on the Site).

The customer must inform the Site of any return by sending an email in advance to the Site Customer Service at the following address : contact@worldgrandcrus.com

The shipping costs are borne by the Site unless the e customer claim proves to be unfounded.

In accordance with the provisions of Article L. 217-7 of the Consumer Code, "The seller may attack this presumption if it is not compatible with the nature of the goods, or the lack of conformity invoked".

The Site alerts the customer to the characteristics of the Products sold and the fact that certain Products are subject to a Consumption Deadline or a Date of Minimum Durability. The Site cannot guarantee the quality of the Products beyond these dates. Likewise, the customer is informed that since wine is a living material, the quality of certain Products may deteriorate over time, without this constituting a lack of conformity.

If the wine is obviously corked, the customer is invited to return the bottle concerned, in its original packaging, filled at least ¾ of its level, within a maximum period of 1 month after the order, specifying the invoice number, at the address 67 Cours Mirabeau, 13100 Aix-en-Provence. After analysis of the product, if the Site finds the actual deterioration of the bottle, an identical reference will be sent to the customer as soon as possible and the return costs incurred will be fully refunded to the customer. If the reference is no longer available, a reference of equivalent nature and value will be offered to the customer and then dispatched. If the customer refuses the reference thus proposed, the cancellation and refund procedures are identical to those provided for in Article 5.

The customer is informed that the quality of certain Products (such as for example wine) depends on the storage conditions of the Products (temperature, brightness, humidity, distancing of noxious or toxic substances). Thus, the quality of the Product depends on its storage conditions beyond a period of two months, the Customer must provide proof that the lack of conformity is prior to the sale.

In addition, no returns will be accepted for subjective reasons of non-conformity (taste).

Article 12 : Liability

12.1. In the event of deliveries abroad, the Site cannot be held liable for non-compliance with the legislation of the country where the Products are delivered. The customer is informed that certain Products may be subject to import restrictions. It is the Customer's responsibility to check with the authorities of their country of residence the legality of importing or using the Products they intend to order.

12.2. The customer is informed that for technical reasons (colour difference related to the quality of the computer and/or printer, size difference due to a visual effect related to the photo…) differences may exist between the photos of the Products appearing on the Site and the Products themselves (colour, size…). The customer is invited to refer to the description of each product to learn about its specific features.

12.3. Hyperlinks may link to sites other than the Site itself. The Site disclaims all liability if the content of these sites contravenes the legal and regulatory provisions in force.

Article 13 : Force Majeure

Neither party will have breached its contractual obligations, insofar as their fulfilment is delayed, hindered, or prevented by an uncontrollable event or force majeure.

Will be considered as force majeure all facts or irresistible circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible effort. The party affected by such circumstances will notify the other within ten working days from the date on which it becomes aware of them.

Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, earthquakes, fires, storms, floods, lightning; telecommunication networks shutdown or difficulties specific to the telecommunication networks that are external to the customers.

Performance of the obligation(s) shall be suspended for the duration of the force majeure if this is temporary and does not exceed a period of ten days. However, upon the end of the cause for the suspension of their reciprocal obligations, the Parties must make every effort to resume the normal execution of their contractual obligations as quickly as possible.

For that purpose, the Party prevented by the force majeure will notify the other of the resumption of its obligation by registered letter, with a request for acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the sales contract may be terminated by either party.

Article 14 : Customer service

For any information or question relating to a Product before ordering or any question relating to the execution of an order or the guarantee, the Customer Service is at the customers disposal :

By email to contact@worldgrandcrus.com

By phone at +33 (0)6 09 14 31 15, 7/7 and 24/24 (call not surcharged- price of a call to a mobile)

By post to the following address for any complaint or information requests : WORLD GRANDS CRUS, 67 Cours Mirabeau, 1300 Aix-en-Provence

Article 15 : Password management

The customer will be given a password to access their customer account. This password is strictly personal and confidential. The customer is solely responsible for the use and confidentiality of this password. The Site excludes any liability in case of fraudulent use of this password.

Article 16 : Partial non-validation

If one or more stipulations of these general conditions are held for non-valid or are declared as such pursuant to a law, of a payment or following a final decision of a court of jurisdiction, the other stipulations will keep all their force and their range.

Article 17 : Non-waiver

The fact that one of the parties not prevailing itself of a failure by the other party with any one of the obligations aimed under the present general conditions cannot be interpreted for the future as a renunciation of the obligation in question.

Article 18 : Personal Data

The information (surname, first name, address, email and telephone number) (hereinafter the "Data") that is requested from the customer by the Site (in his capacity as data controller) are necessary for the processing of his order. The purposes of data processing :

- Fulfilment of orders (delivery, invoicing, tracking and after-sales service); and

- Sending information about similar products.

The legal basis for the processing is the development and execution of the Agreement.

This Data may be communicated to service providers (subcontractors) involved in the execution of the customer's order. The customer must write to the contact details indicated below to oppose to such communication, or to exercise his rights of access, rectification of limitation, opposition, erasure and portability on the Data concerning him under the conditions set by the laws and regulations in force in France :

By email at contact@worldgrandcrus.com

By post to the following address for any complaint or information requests : WORLD GRANDS CRUS, 67 Cours Mirabeau, 13100 Aix-en-Provence.

The customer may also inform the Site of its post-mortem guidelines regarding the fate of the Data concerning him.

To exercise these rights, the customer must write to the contact details indicated above detailing his request. A response will then be sent within one (1) month, possibly extended by two (2) months following receipt of the request. The Client has the right to file a complaint with the French National Commission on Informatics and Liberty (CNIL): Commission Nationale de l'Informatique et des Libertés (CNIL) on its internet site www.cnil.fr, or postal mail at 3 Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07.

Article 19 : Intellectual property

All content (texts, comments, books, illustrations, images,) displayed on the Site is reserved under copyright as well as under intellectual property and for the entire world. In accordance with the provisions of the French Intellectual Property Code, only private use is authorised. Any reproduction or total or partial representation of the Site or of all or part of the elements on the Site is prohibited.

Article 20 : Ownership reservation

The Site retains the ownership of the Products sold until payment of all or part of the price and/or any accessories. Failure to pay any due date may result in the products being claimed by the Site.

If the product has suffered damage or has been destroyed during the customers custody, the customer must therefore take all measures and where applicable all insurance to compensate for the possible destruction, partial or total, of the Products whatever the origin.

Article 21 : Applicable law - Handling of complaints - Competent jurisdiction

These Terms and Conditions are subject to French law. This shall apply to both substantive and formal rules.

However, the consumer may not be deprived of the protection afforded to him by the provisions adopted by a Member State of the European Union pursuant to Directive 2011/83/ EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/ EEC and Directive 1999/44/ EC of the European Parliament and of the Council and repealing Council Directive 85/577/ EEC and Directive 97/7/ EC of the European Parliament and of the Council, where the contract concluded at a distance or off-premises has a close link with the territory of that State.

In case of dispute, the customer may resort to the conventional mediation procedure or any other alternative means of dispute resolution under the conditions of Article 1528 et seq. of the Code of Civil Procedure.

Regarding mediation and in accordance with Article L. 612-1 of the Consumer Code, the customer can use the mediation service free of charge CM2C (Centre de la médiation de la consommation de conciliateurs de justice), reachable on the following website www.cm2c.net, by mail cm2c @ cm2c. net or by post 49 rue de Ponthieu 75008 Paris, for all complaints already filed in writing with the seller's customer service for under one year and that has not been satisfied.

Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No524/2013, the European Commission has set up an Online Dispute Resolution Platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

In the absence of an amicable agreement between the Parties, the dispute will be submitted to the French Courts.

Annex: Withdrawal form

If you wish to exercise your right of withdrawal in accordance with the legislation in force, please complete and return the document to download : Withdrawal form

This withdrawal form allows you to notify us of your decision to withdraw from the contract relating to the sale of products or services that you have made on our site.

It is important to complete all the required fields of the form and return it within the legal withdrawal period, which is 14 days from receipt of the product or conclusion of the service contract.

Once we have received your duly completed withdrawal form, we will process your request and provide you with the information necessary to return the products or terminate the service contract.

Please note that you are responsible for keeping proof of the exercise of your right of withdrawal, so it is recommended that you keep a copy of the withdrawal form you sent to us.

Thank you for your trust and understanding, the Worldgrandscrus team

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