Preamble
The abuse of alcohol is dangerous for health, to be consumed in moderation.
By validating their order, the customer agrees to be at least eighteen years old at the date of the order.
Article 1 : Application
1.1 If you place an order on our website, you explicitly accept our general terms and conditions of sale. These can be consulted on our website at any time and will be transmitted to you either upon confirmation of your order or upon delivery.
1.2 Unless otherwise agreed in writing, the legal relations between the parties are governed by these general terms and conditions of sale, which the customer declares to have read and which prevail over the customer's own purchasing conditions, regardless of any clauses that may appear on the customer's documents, except only a written agreement signed by the representatives of each party.
1.3 Waiver by one party to invoke a breach by the other party does not constitute a waiver to invoke other breaches, whether subsequent or not.
1.4 If any provision of the contract, in whole or in part, is declared invalid or ineffective by the competent court, this provision shall be executed to the extent possible or permitted, and the contract shall be adjusted, if necessary, to give effect to the parties' original intention and the economy of the contract. The remaining provisions shall remain in full force and effect.
1.5 The customer may not assign the contract or any related Order.
Offers, offer confirmations, and prices
2.1. All offers and price discounts are binding on the seller only during the acceptance period specified in its offers; in the absence of an express stipulation, this period is 72 hours.
2.2.Any verbal agreement by its staff binds the seller only if it has been confirmed in writing by one of its administrators.
2.3. The prices provided by the seller are for guidance only and are subject to errors, price increases, and within the limits of available stocks.
2.4. The price indicated is the one in effect on the day the order is concluded. If, between the day of the order and the date of delivery or collection, a price increase were to occur due to a change in rates or a modification of taxes or duties on goods, it can always be passed on, without the customer having the right to request resolution.
2.5 The prices mentioned are all-inclusive prices, including VAT, excluding shipping costs.
2.6. Prices delivered outside mainland France do not include any potential customs duties and any other formalities, which remain the exclusive responsibility of the customers.
2.7.Unless otherwise specified or specifically requested by the customer, the packaging price is included in the purchase price.
2.8.Our offers are exclusively reserved for non-professional customers.
Article 3 : Availability
If your order cannot be fulfilled in sufficient quantity, you will be notified by email within 24 hours of your purchase. If desired, the remainder will be sent at our expense within a timeframe communicated by email within 24 hours. Otherwise, a refund will be made by bank transfer within 48 hours of receiving your request (by email, phone, or mail).
Article 4 : Delivery
4.1.Conditions
The products ordered are delivered to the address indicated by the customer. The package will be delivered to the recipient by our usual transport provider or in any case by a provider of our choice. The customer is required to check the condition of the packaging and the contents of the package(s) upon delivery, to match the quantity and references delivered with the order form. Signing the delivery receipt will constitute acceptance by the customer, except in the event of a health crisis preventing this signature. If a package arrives at the recipient damaged (breakage of the bottle(s)), the recipient must notify the damage in writing on the transport receipt, specifying the name of the bottle precisely and not accepting the damaged goods. The carrier will inform the company AVINTURES. Upon receipt of this information, the company AVINTURES undertakes to immediately resend an identical package to the recipient. Under no circumstances can the customer demand a refund of the product and delivery fee.
4.2.Deadlines
Delivery is made by the carrier: Delivery times vary depending on the type of shipping and the delivery location. They start from the receipt of payment or cashing of the check in case of payment by this means.
-to the address indicated by the customer at the time of order (or by a notice of availability in the absence of the customer) if the "home delivery" option is chosen.
to a Pick-up Point if this option is chosen. The customer will be notified of availability by email or SMS. This is for a maximum of 12 bottles. The nearest pick-up point to the customer's residence is chosen by default. If you wish to change it, you can choose the pick-up point of your choice when notified of availability.
France: J + 24/48h for any order placed before 11 am, Monday to Thursday, up to 16 bottles for home delivery. Delivery time observed in 72H in the overwhelming majority of cases, but not guaranteed.
For International, variable deadlines depending on the countries (allow 6 days for EU countries)
4.3.Circumstances beyond our control
We shall not be held responsible for any failure to fulfill the obligations that we owe or delay in the performance of any of the obligations that we owe under a contract in the event of the occurrence of a reasonably unforeseeable event beyond our control ("Force Majeure Event").
We understand by Force Majeure Event any event, action, default, omission or accidental occurrence reasonably beyond our control and on which we have no action and notably (without limitation):
Strikes, closures or other labor disputes;
insurrections, riots, invasions, terrorist attacks or threats of terrorist attacks, acts of war (declared or not) or threats of preparations for war;
fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
the impossibility of using transportation by rail, by boat, by air, by road or any other means of public or private transportation;
the impossibility of using public or private telecommunications networks;
laws, decrees, legislative provisions, regulations or restrictions imposed by any government.
The performance of any contract shall be considered as suspended during the entire period of the force majeure situation, and we shall have an additional execution period equivalent to the duration of this period. We shall do what is reasonably in our power to end the force majeure situation or to find a solution that would allow us, despite this force majeure situation, to fulfill the obligations that we owe under the Contract.
4.4.Indirect damages
In the event of non-compliance with our commitments and for whatever reason, the company AVINTURES shall only be liable for the reimbursement of the delivery service under the above conditions (Delivery Delay) and in no case for indirect damages that the customer may invoke. These indirect damages and losses include, in particular, any loss of revenue, profits, interest or markets and any loss related to the impossibility of using all or part of the shipment.
4.5.Deterioration of product quality
AVINTURES shall not replace or refund corked, leaking, and/or otherwise defective bottles directly related to the intrinsic quality of the wine. The consumer accepts the probability of this type of defect.
4.6.Unclaimed Packages
When a package is returned to us (not collected at the relay point within the allotted time), we can reship it provided the customer pays the actual costs, namely: the return shipping costs to the sender (minimum of €15 including VAT) as well as the reshipping costs (relay or home). These costs will be calculated according to the GLS or other carriers' rate, based on the weight of the package with fuel and security tax, and not according to the flat rate applied on the site during the initial order. /p>
4.7.Responsibilities
It is your responsibility to check the contents of the package upon delivery and to make any necessary reservations in the following manner: On the delivery slip provided by the carrier. Upon delivery, AVINTURES packages must be properly sealed with our AVINTURES tape (red on a transparent background); you will then need to open and inspect the contents in the presence of the delivery person: thefts (rare, especially if everything is properly taped), broken bottles (white wine cannot be seen from the outside), etc. Any anomaly must be declared to the delivery person and you should take photos of the document on which you note the anomaly. You can either refuse the package, and the carrier will return it to us, or you can keep the package and contact us with all the photos and the report that you have taken a photo of.
4.8.Insurance
Insurance costs are included in the shipping costs, unless otherwise noted in the product catalog.
Article 5 : Payment
5.1. Payment Terms
The price of the items ordered is payable in full to AVINTURES upon the issuance of your order confirmation on the website, according to one of the following payment methods:
by credit card (secure online payment)
by bank or postal transfer
All invoices from the seller are payable in cash and without discount to the address mentioned on the invoice, unless the parties have contractually agreed otherwise or a due date is mentioned on the invoice.
Amounts unpaid 30 days after the invoice date by one party to the other shall, by this fact alone, without reminder or formal notice, bear late interest at the rate of 10% per annum. In case of a payment delay of more than one month, the seller is also entitled, by this fact alone, without any formality in compensation for the increase in its overhead costs, to a penalty clause, fixed at 15% of the total amount of the invoice including VAT, with a minimum of €150, without prejudice to the aforementioned conventional interest and the costs of any legal proceedings that may be necessary.
Non-payment (at its due date) of a single invoice results in the immediate demand for all other invoices, even if they are not yet due.
5.2.Payment Methods
1.Internet: Secure Payment by Credit Card
We have implemented a secure procedure for payment by credit card on the Internet. This procedure relies on information encryption technology, a true reference for secure payment.
How to place an order by credit card on the site?
During your payment, you enter your card numbers and expiration date, which are immediately encrypted in your computer before being sent over the Internet. Thus, no confidential information circulates on the network without having been previously encrypted.
Note: Only credit cards bearing the CB, VISA, EUROCARD, MASTERCARD, and AMEX symbols are accepted. They must be part of the 3D Secure protocol. Otherwise, the payment will be refused. You will need to pay for your order by bank transfer.
2. Bank Transfer
-In the "cart," choose the bank transfer payment method.
On the "Order Confirmation" page, please follow the instructions.
Any transfer fees, if any, remain your responsibility.
Article 6 : Order Cancellation, Termination
6.1 If the customer fully or partially cancels their order or fails to take full or partial receipt of their order, the customer is liable to pay the seller a flat-rate compensation of 10% of the order value, without prejudice to the seller's right to enforce the receipt of the order. Any order cancellation must be made by registered letter.
6.2 In case of non-payment, the seller reserves the right to suspend deliveries and, at the same time, the right to consider the contract terminated by operation of law without prior notice for the entire or the non-executed part.
6.3 The seller reserves the right to consider the contract terminated by operation of law without prior notice in case of bankruptcy, manifest insolvency, or any change in the customer's legal status.
Article 7 : Return of Products
7.1 In accordance with the applicable provisions of the Consumer Code and with reference to the Hamon Law of March 17, 2014, you have 14 days to exercise your right of withdrawal without having to justify reasons or pay penalties, except for return costs, which will be the responsibility of the customer.
7.2 If the order involves several goods delivered separately or a good composed of lots or multiple pieces with staggered delivery, the period starts upon receipt: - of the last good or lot, - or of the last piece.
7.3 The customer's liability can be incurred in case of depreciation of goods resulting from handling other than what is necessary to establish the nature and characteristics of the goods. The return of goods is at the customer's expense, risk, and peril (it is therefore advisable to declare the value of the merchandise and take out insurance covering these risks).
7.4 Any product must be returned to the seller's address in its original packaging, which alone ensures the safe transport of the product, with warranty labels, including all the product and its accessories, and be accompanied by the return number visibly. Any incomplete, damaged, or deteriorated product and/or original packaging will not be taken back, exchanged, or refunded.
7.5 Model withdrawal form:
Article L 221-5 Paragraph 7 of the Consumer Code.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of [the professional inserts their name, geographic address, and email address]:
I/we () hereby notify you of my/our () withdrawal from the contract for the sale of the following goods ()/for the provision of the following services ():
Ordered on ()/received on ():
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Article 8 :Retention of Title Clause
8.1 The goods remain the property of the seller until full payment of the principal, fees, and interest.
8.2 The risks related to the products will be transferred to the customer from the delivery of the products by the seller to the carrier.
8.3 As long as the customer has not fulfilled the above obligations, they are not authorized to pledge the goods delivered by the seller. These cannot be subject to any registration or seizure inventory.
Article 9 : Complaints, Liabilities, and Risk Transfer
9.1 Immediately upon receipt of the shipment, the customer must check if the delivered quantity corresponds to the purchased quantity. Complaints regarding visible defects or compliance must be notified to the seller by sending a registered letter no later than two days after receiving the goods.
The possible use or resale of the goods nullifies the seller's liability.
9.2Complaints regarding hidden defects are only admissible when they are reported to the seller by a sufficiently motivated registered letter within two working days after the defect is discovered. The burden of proof that these deadlines have been respected lies with the customer. The relevant invoice will only be credited if the goods have been returned to the seller within seven days of the delivery date. If the goods are returned to the seller after this period, the seller has the choice between free replacement or a credit note based on the value of the goods at that time. In either case, any form of compensation from the seller is expressly excluded.
9.3 Customer complaints never entitle them to suspend their obligations towards the seller.
The seller reminds that the risk transfer is governed by articles L216-1 to L216-8 of the Consumer Code.
"All risk of loss or damage to the goods is transferred to the consumer client when the latter or a third party designated by them takes physical possession of these goods," that is, the merchandise purchased from AVINTURES.
"The provisions of this chapter also apply to contracts concluded between professionals and non-professionals."
Article 10 : Responsibilities
The seller is not responsible for any loss or damage to the transported goods resulting from the nature or inherent defects of these goods. If, for the execution of their mission, the seller must call upon third parties, either subcontractors or other intermediaries, they are only liable for the careful selection of these parties and for the transmission of the necessary data and correct instructions. Consequently, the seller is not liable for claims arising from such missions. No direct or indirect compensation can be claimed from the seller on this account. The seller is not responsible for any failure or delay in making the ordered goods available due to limitations imposed by authorities or any other force majeure specified in article 4.3 beyond their control.
Article 11 : Confidentiality
Documents or information entrusted by the customer regarding their activity are covered by professional secrecy. However, the seller cannot be held responsible for the disclosure of this information if it is in the public domain or if they have obtained it lawfully from other sources.
The customer authorizes the seller to include their name among the commercial references that they may cite or publish.
By accepting the General Conditions or any other Contract from AVINTURES, the customer expressly agrees to the application of the clauses contained in the GDPR addendum and the privacy charter regarding the processing of personal data by AVINTURES.
The customer has the right to access personal data held by AVINTURES, as well as the right to communicate, rectify, or oppose the processing of this data. To exercise any of these rights or to object to receiving information from AVINTURES, the customer can contact the data manager at the following email address: contact@avintures.fr
Article 12 : Dispute Resolution and Applicable Law
All the contractual provisions defined above are governed by French law. Our Customer Service is at your disposal for the resolution of any dispute, and in the absence of an amicable solution, only the Commercial Court of DIJON, located at 13 Boulevard Clémenceau – 21000 DIJON, has jurisdiction.
Before any procedure, the parties agree to seek an amicable solution to resolve a dispute arising from the sale to the fullest extent possible.
AVINTURES informs the customer that they have the option to contact the consumer mediator indicated below:
- CM2C, 49 rue de Pontieu 75008 PARIS – téléphone : 01 89 47 00 14 – https://www.cm2c.net/
Article 13 :Protection of Minors
Ordinance No. 59-107 of January 7, 1959, and Law No. 74-631 of July 5, 1974, prohibit the sale and offer of alcoholic beverages to minors and equivalent persons. Therefore, by completing your Order Form, you acknowledge that you have the legal capacity to enter into this contract.
Article 14 :Deactivation of a Customer Account
In case of non-compliance with the obligations arising from the acceptance of these general terms and conditions of sale, incidents of payment of the price of an order or subscription, providing incorrect information when creating the account, or actions likely to harm the interests of AVINTURES, the company reserves the right to suspend access to the service or, depending on the severity of the actions, terminate the subscription and the member's account without any claim for damages.
The company also reserves the right to refuse to contract with a customer who has been excluded or sanctioned for such actions.
AVINTURES reserves the right to modify its sales conditions at any time. In this case, the applicable conditions will be those in effect on the date of the buyer's order. Photos and product reviews are given for informational purposes only and are not contractual. A difference in color or presentation of the bottles may result from the quality of the photos or their date.