General conditions of sale

Article 1: Scope of application

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by SASU WINE SWAN CLUB ("the Seller") with consumers and non-professional buyers ("the Customers or the Customer"), wishing to acquire the products offered for sale by the Seller ("the Products") on the website wineswan-club.com.

They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by Customers.

These General Conditions of Sale may be supplemented by specific conditions, stated on the website, before any transaction with the Customer.

These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible at any time on the website wineswan-club.com and will prevail, where applicable, over any other version or any other contradictory document.

These General Conditions of Sale may be subject to subsequent modifications; the version applicable to the Customer's purchase is that in force on the website on the date the order is placed.

Modifications to these General Conditions of Sale are binding on users of the website. wineswan-club.com from the time they are posted online and cannot be applied to transactions concluded previously.

Article 2: Products offered for sale

The Products offered for sale on the website wineswan-club.com are wines and spirits, understood in their broadest sense, of all types and natures.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the website wineswan-club.com.

The Customer is required to read this before placing any order.

The choice and purchase of a product is the sole responsibility of the Customer. The photographs and graphics presented on the wineswan-club.com website are not contractual and cannot engage the responsibility of the Seller.

The Customer is required to refer to the description of each Product in order to know its properties, essential features and delivery times, as well as, in the case of periodic continuous supply of a good, the minimum duration of the proposed contract.

The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.

The Products presented on the wineswan-club.com website are offered for sale in the following territories:

– The French territory comprising the metropolitan territory and the DROM – COM (overseas departments and regions; overseas communities[1]);
– Italian territory;
– Belgian territory;
– Dutch territory;
– Latvian territory;
– Icelandic territory;
– Danish territory;
– And more broadly the territories falling within the European area;

For each territory mentioned above, other than French territory and not having French as an official language, these General Conditions of Sale will be translated into English prior to their communication.

In the event of an order to a territory other than mainland France, the Customer is the importer of the Product(s) concerned.

For all products shipped outside the European Union and DROM – COM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

Article 3: Duration of validity of the Product offer

Product offers are subject to availability of stock, as specified when the order is placed.

Article 4: Seller’s contact details

The Seller's contact details are as follows:
SASU WINE SWAN CLUB,
With share capital of 1,000.00 euros,
Having its registered office at 10 Grande Rue de la
Charm, 63350 MARINGUES,
Registered in the Trade and Companies Register (RCS) of CLERMONT-FERRAND
under no. 899 367 767,
Taken in the person of
Mrs. Clémentine COULON, President in
exercise, domiciled in this capacity as audit
seat,
direction.wineswanclub@gmail.com
04 73 88 50 44.

In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by post, and providing proof of identity, to the Seller's address, mentioned above.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Conditions of Sale.

The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website wineswan-club.com.

Article 5: Orders

Sub-article 5.1: Placing the order

It is up to the Customer to select on the website wineswan-club.com the Products he wishes to order.

The Customer has the opportunity to check the details of his order as well as its total price and to correct any errors before confirming his acceptance. It is his responsibility to check the accuracy of the order and to immediately report or rectify any errors.

Registering an order on the website wineswan-club.com is carried out when the Customer accepts these General Conditions of Sale by checking the box provided for this purpose and validates his order. This validation implies acceptance of all of these General Conditions of Sale as well as the General Conditions of Use of the website wineswan-club.com.

The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by means of an e-mail, which must be sent without delay, and after the Seller has received payment in full.

Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the terms described above, on the website wineswan-club.com constitutes the formation of a contract concluded remotely between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the website wineswan-club.com.

Sub-article 5.2: Modification of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.

Sub-article 5.3: Cancellation of the order

Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except in the exercise of the right of withdrawal or the existence of a case of force majeure.

Article 6: Rates

The Products are supplied at the current prices listed on the website wineswan-club.com , when registering the order by the Seller.

Prices are expressed in euros, excluding and including VAT.

The prices take into account any reductions that may be granted by the Seller on the website. wineswan-club.com.

In particular, they take into account the reductions resulting from the subscription to the so-called “WINE SWAN CLUB” subscription.

This subscription is taken out by the Customer for an incompressible period of twelve (12) months and gives rise to the payment of a monthly rate of 29.00 euros including tax.

During the subscription period, the Customer benefits from preferential rates on a wide range of wines, champagnes and spirits selected by the Seller, but not on all of the Products offered for sale by the latter.

At the end of the twelve (12) month period, the so-called “WINE SWAN CLUB” subscription is tacitly renewed for a new irreducible period of twelve (12) months.

However, the Customer is free to terminate the so-called “WINE SWAN CLUB” subscription for a period of twelve (12) months, provided that a minimum notice period of one (1) month is respected.

In the event of tacit renewal, the Customer continues to benefit during the new period from preferential rates on a wide range of wines, champagnes and spirits selected by the Seller and remains required to pay the monthly rate of 29.00 euros including tax.

In the event of termination of the subscription, the Customer can no longer claim the benefit of preferential rates on a wide range of wines, champagnes and spirits selected by the Seller and is no longer required to pay the monthly rate of 29.00 euros including tax.

The current rates listed on the wineswan-club.com website are firm and not revisable during their period of validity, as indicated on said website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the website wineswan-club.com and calculated prior to placing the order.

If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at the Customer's expense.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Possible specific orders from the Customer may be considered.

Where applicable, they will be the subject of a quote previously accepted by the latter.

The quotes established by the Seller are valid for a period of one (1) month, from their date of establishment.

The order on estimate is only considered accepted after payment of the full price of the order.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

Article 7: Payment conditions

The price is payable in cash, in full on the day the order is placed by the Customer, by secure payment, according to the following terms:

– By bank card: bank card, Visa, MasterCard, American Express, other bank cards;
– By bank transfer to a bank account whose details will be communicated to it by the Seller.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request cancellation of the payment and the refund of the corresponding amounts provided that they justify the origin and cause of this fraudulent use by providing proof of a claim to their bank and a complaint to the police.

Payment data is exchanged in encrypted mode using the [protocol name] protocol.

Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.

Furthermore, the Seller reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.

Article 8: Deliveries

The Products ordered by the Customer will be delivered in mainland France, in the DROM – COM (overseas departments and regions; overseas communities) and in the following foreign territories:
– Italian territory;
– Belgian territory;
– Dutch territory;
– Latvian territory;
– Icelandic territory;
– Danish territory;
– and more broadly the territories falling within the European area;
within five (5) working days from the dispatch of the order to the address indicated by the Customer when ordering on the website wineswan-club.com.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases where one or more Products are unavailable, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time period specified above. However, this time period is provided for information purposes only. If the Products ordered have not been delivered within three (3) weeks after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be terminated at the written request of the Customer under the conditions set out in Articles L.216-2, L.216-3 and L.241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than 14 days following the date of termination of the contract, excluding any compensation or deduction.

In the event of non-conformity of the Product delivered, the Seller undertakes to remedy this or to reimburse the Customer, as indicated in article 11 entitled “Liability of the Seller – Guarantee”.

The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

When the Customer has personally taken charge of using a carrier of his own choosing, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier once he has handed over the Products sold to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no right of recourse under warranty against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the Products delivered. The Customer has a period of 5 days from delivery to formulate, in writing, any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example, damaged or already opened package), with all the supporting documents relating thereto (photographs in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller.

The Seller will reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer under the conditions provided for in Articles L.217-4 and 6 following of the Consumer Code and those provided for in these General Conditions of Sale (see guarantees, in particular).

Article 9: Transfer of ownership – Transfer of risks

The transfer of ownership of the Products from the Seller to the Customer only occurs on the date of full payment of the price by the latter, regardless of the date of delivery of said Products.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto only occurs at the time of delivery.

Thus, when transport is provided by an independent carrier chosen by the Seller, the transfer of risks occurs at the time of physical possession or control of the Products by the Customer such that said Products travel at the risk and peril of the Seller.

On the other hand, when transport is provided by a carrier specially chosen by the Customer himself, the transfer of risks occurs at the time of the accepted delivery of the Products to said carrier by the Seller such that said Products travel at the Customer's risk.

Article 10: Right of withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal from the Seller, without having to provide reasons or pay a penalty, for the purpose of exchange or reimbursement.

In the event of exercising his right of withdrawal, the Customer must return the Products, in their original packaging and in perfect condition, to the Seller no later than fourteen (14) days following notification to the Seller of the Customer's decision to withdraw.

Returns are made in their original condition (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted. The right of withdrawal can be exercised online, using the withdrawal form available on the website wineswan-club.com , in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other declaration, free from ambiguity, expressing the desire to withdraw.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be refunded, with the return costs remaining the responsibility of the Customer.

The refund will be made at the latest within fourteen (14) days from notification to the Seller of the decision to withdraw.

Withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the subscription placed on the website. wineswan-club.com except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Subscription Conditions.

For the attention of Wineswan Club, 10 Grande Rue de la Charme, 63350 Maringues, France

Subscription dated:
Subscription number:
Name and surname of the Client:
Customer Address:

Customer Signature:

Article 11: Seller’s Liability – Warranty

Products sold on the website wineswan-club.com comply with the regulations in force in France and have performances compatible with non-professional uses.

The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
– the legal guarantee of conformity, for Products which are apparently defective, damaged or damaged or do not correspond to the order;
– the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use;
under the conditions and according to the terms referred to in the box below and defined in the appendix to these General Conditions of Sale (guarantee of conformity / guarantee of hidden defects).

It is recalled that within the framework of the legal guarantee of conformity, the Customer:
– has a period of two years from delivery of the goods to take action against the Seller;
– may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the product during the twenty-four (24) months following delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.

The Customer may decide to implement the guarantee against hidden defects in the Products in accordance with article 1641 of the Civil Code.

In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 5 days from the delivery of the Products or of the discovery of hidden defects within the time limits referred to above and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the invoiced rate and return costs will be refunded upon presentation of supporting documents.

Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within ten (10) days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made by credit to the Customer's bank account or by bank check addressed to the Customer.

The Seller shall not be held liable in the following cases:
– Failure to comply with the legislation of the country in which the Products are delivered, which it is the Customer’s responsibility to check;
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

Article 12: Protection of personal data

In application of law 78-17 of January 6, 1978 amended by law n° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.

This data may be communicated to the Seller's potential partners responsible for the execution, processing, management and payment of orders.

Processing of information communicated via the website wineswan-club.com meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

The Client has, in accordance with current national and European regulations, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.

This right may be exercised under the conditions and according to the methods defined on the website wineswan-club.com.

Article 13: Intellectual property

The content of the website wineswan-club.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any reproduction, in whole or in part, of this content is strictly prohibited and may constitute an infringement of copyright.

Article 14: Unforeseen circumstances

In the event of a change in circumstances that was unforeseeable at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the party that has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract with its co-contractor.

Article 15: Force majeure

The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the Civil Code.

Article 16: Applicable law – Language

These General Conditions of Sale and the operations resulting from them are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

Article 17: Disputes

All disputes to which the purchase and sale transactions concluded in application of these General Conditions of Sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their follow-ups and which could not have been resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (Article L.612-1 of the Consumer Code) or to any alternative method of dispute resolution (conciliation) in the event of a dispute.

The Client, noting that a violation of the General Data Protection Regulation (GDPR) has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 37 of law n° 78-17 of January 6, 1978 known as the Data Protection Act in order to obtain, against the data controller or a subcontractor and before the civil court or the competent administrative court which informs the National Commission for Information Technology and Civil Liberties, compensation for the material and moral damages suffered, cessation of the breach noted or both.

Article 18: Pre-contractual information – Customer acceptance

The fact for a natural person to order on the website wineswan-club.com implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.