1. Preamble and scope
These terms and conditions of sale ("Terms") govern orders of wines and gift boxes placed remotely with L'Arche des Vins from the "Place order" page of www.larchedesvins.fr. They apply to orders delivered within France and abroad.
The site does not offer online payment: the shop confirms availability and the order, then sends payment instructions by e-mail. Placing an order implies full acceptance of these Terms, which prevail over any other document, unless otherwise agreed in writing in advance by the shop.
2. Seller identification
L'Arche des Vins sells its wines from its shop at 3 rue Poterne, 21200 Beaune, France. The seller's full identity (legal form, registration number, share capital, VAT number) is set out on the Legal Notice page.
3. Products and sale of alcohol
The products offered are wines and wine gift boxes, described with their essential characteristics (appellation, vintage, price) on the "Place order" page and in the shop selection.
The sale of alcohol to minors is prohibited: under article L.3342-1 of the French public health code, it is unlawful to sell alcoholic beverages to a minor. By ticking the box provided when ordering, the buyer certifies being at least 18 years old. Excessive alcohol consumption is harmful to health; please drink responsibly.
4. Formation of the contract
An order placed from the "Place order" page is a request to order, not a firm sale: it is subject to the availability of the wines and boxes, checked by the shop. The sale contract is only formed once the shop confirms the order to the buyer, by e-mail or telephone, stating final availability and the total amount due. Before this confirmation, the buyer may cancel the request free of charge.
5. Price and delivery charges
Prices of wines and boxes are shown in euros, all taxes included. They are those in force when the order is placed and may be changed by the shop before the order is confirmed, with no effect on already-confirmed orders.
Delivery charges, which vary with weight, volume and destination, are stated when the shop confirms the order. No delivery charge applies for pickup at the shop.
6. Payment
The site does not offer online payment. After confirming the order, the shop sends the buyer payment instructions by e-mail (in particular bank transfer). The order is final only once payment has been received by the shop.
7. Delivery
Delivery times are stated when the shop confirms the order; they depend on the destination and the carrier used. For delivery abroad, any customs formalities, taxes and import duties of the destination country are the buyer's responsibility; the buyer must check that receiving alcoholic beverages is permitted there. Risk (loss, damage) transfers to the buyer once the parcel is handed to the carrier, unless stated otherwise at order confirmation.
Points to be confirmed by the shop: carrier(s) used, indicative delivery times by destination, list of countries actually served.
8. Right of withdrawal (14 days)
Under articles L.221-18 et seq. of the French consumer code, a consumer buyer has 14 days from receipt of the wines to exercise the right of withdrawal, without giving reasons or paying a penalty, except for goods unsealed by the buyer after delivery which cannot be returned for hygiene or health-protection reasons (article L.221-28, 5°), which may apply to opened bottles.
The buyer must inform the shop of the decision to withdraw before this period expires, by an unambiguous statement (letter or e-mail to lacave@larchedesvins.fr) or by using the model form below. Products are returned by the buyer, in good condition, within 14 days of notifying the withdrawal; return costs are borne by the buyer. The shop refunds all sums paid, including initial delivery charges, within 14 days of receiving the returned products or proof that they have been sent back.
Model withdrawal form (annex to article R.221-1 of the French consumer code)
To: L'Arche des Vins, La Cave, 3 rue Poterne, 21200 Beaune, France, lacave@larchedesvins.fr:
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
- Ordered on / received on:
- Consumer's name:
- Consumer's address:
- Consumer's signature (only if this form is notified on paper):
- Date:
9. Legal guarantees (conformity and latent defects)
Regardless of any commercial guarantee, the shop remains liable for defects in conformity of the goods and for latent defects, under the conditions set out in articles 1641 to 1649 of the French civil code.
When relying on the legal guarantee of conformity, the consumer:
- has two years from delivery of the goods to act;
- may choose between repair or replacement of the goods, subject to the cost conditions set out in article L.217-13 of the French consumer code;
- is exempted from proving the lack of conformity during the twenty-four months following delivery of the goods.
The consumer may also choose to rely on the guarantee against latent defects in the goods sold, under article 1641 of the French civil code. In that case, the consumer may choose between rescission of the sale or a reduction of the sale price, in accordance with article 1644 of the civil code.
10. Personal data
Personal data collected when ordering (name, first name, e-mail address, phone number, delivery and billing addresses) is processed by L'Arche des Vins as described in the Privacy Policy.
11. Governing law and disputes
These terms and conditions of sale are governed by French law. In the event of a dispute, the buyer may use a mediation service (see above) or, failing an amicable agreement, bring the matter before the competent court; in addition to the jurisdiction rules of the French code of civil procedure, the consumer may bring proceedings before the court of the place where they resided when the contract was concluded or when the harmful event occurred.
Contact
For any question about an order or these terms and conditions of sale: lacave@larchedesvins.fr, +33 (0)3 80 20 98 48.