General terms of sale - Wines Philippe Ardisson

1. Company

philippeardisson.com/en is a simplified joint-stock company whose issued shares value 10 000 €. PHILIPPEARDISSON’ headquarters are situated at 41, rue Laure Diebold 69009 Lyon, FRANCE.

The company’s legal representatives is Mr. Philippe Ardisson and is registered at the « Registre du Commerce et des Sociétés de Lyon » (Commerce and Companies Registrar of Lyon) under the account number 922 313 721 :

SIREN : 922313721
TVA (French VAT) Reference: FR73922313721

Public Representatives : Olivier Ivangine ; Emmanuel Toussaint.

C.N.I.L Registered under the number 1396307

Site hosted by: OVH- 2 RUE KELLERMANN 59100 ROUBAIX (France)

Customer Service Contact Details:

Email : wine@philippeardisson.com

Téléphone : +33(0)6 77 18 94 47

2. Applicability and application of the general terms and conditions of sale

The general terms and conditions of sale presented here apply to every purchase made with the company PHILIPPEARDISSON via their online shop www.philippeardisson.com/en or by telephone. To read the applicable terms and conditions, clients can at any time, even before completing a purchase, click on the button “Terms and Condition” that can be found at the footer of most pages of the site.

The act of ordering on the site and finalizing a purchase implies the full terms and conditions have been accepted in their entirety and without restrictions by the customer of PHILIPPEARDISSON. Only by a written agreement stipulated by the two parties agreeing to any special conditions is an acceptable modification of these terms and conditions, without this these terms presented below are enforceable to the full extent of the law and dictate the relationship between Philippeardisson and its customer’s.

Offers presented by Philippeardisson are reserved for private individuals and under certain special conditions for groups, societies, or cellar keepers.

Before processing payment on the site every customer must also show physical proof of having accepted these terms and conditions, by ticking the check box, found in the basket, confirming that they have read, understood and accept the terms and conditions.

3. Order procedure

All orders are conducted through the site www.philippeardisson.com/en

The client creates their basket by choosing the number and type of products wanted. Once their choice has been made, they can check and confirm the order and the payment method.

After having accepted the general terms and conditions of sale of Philippeardisson, the order will become definitive once the payment has been confirmed.

Order confirmation will be sent by Philippeardisson to the client via email once all the relevant security checks have been passed.

The payment confirmation service of Philippeardisson has the right to demand of the customer proof of identity and address (proof of incorporation and VAT number for companies) to validate the order. In the case of refusal on the part of the client, or the non-conformity of the proofs Philippeardisson can refuse and cancel the order. For his part the client too has the right to cancel the order at this point if he does not wish to provide the proofs demanded of him.

The verification service also has the right to cancel certain orders if it is believed that the orders contain anomalies or irregularities that cast doubt on the veracity of the order (concerns about clients’ identity, irregular account creation etc)

A receipt of payment is produced by Philippeardisson and available in the section “My Account” on the site philippeardisson.co.uk. At the request of the customer this receipt can be sent to them by email or by letter to their billing address.

Products remain the property of PHILIPPEARDISSON until the full payment of outstanding bills, in conform with the European law n°80 336 of 1^st May 1980.

The client becomes the owner and fully responsible for the articles ordered at the point of delivery, where the transfer of the physical goods also constitutes transfer of the risk from Philippeardisson to the private individual.

4. Procedure of Payment

The payment of orders can be accomplished by bank transfer, Paypal, bank card (including Amex), gift card or gift voucher.

Bank card :

Under Construction

Bank transfer :

Transfers should be made to the following account Bank : Infos Banque

B- PRICES:

For the outside France countries prices are displayed in Euros (€) FOB. For all other countries of delivery within the EU the price will differ depending on the product. The currency of displayed prices can be changed at any time into Euros (€).

Prices indicated on product pages does not include shipping costs. The price of a product may vary depending on the quantity chosen. Shipping costs will vary according to the mode of transport chosen as well as the country of delivery.

The company PHILIPPEARDISSON reserves the right to change its sale prices.

All promotional actions (gift vouchers, promotional codes, partner reductions…) are limited to one per person per operation. PHILIPPEARDISSON reserves the right to refuse any order that does not correspond to these criterion.

5. Delivery

At the reception of payment of the order, PHILIPPEARDISSON will launch the process of shipping and delivery. The delivery of the articles will be completed at the address indicated by the client. The information provided by the client thus implicated him in the delivery of the order. In the case of erroneous or incomplete information rendering the delivery impossible or resulting in a mistaken delivery, the company PHILIPPEARDISSON cannot be held responsible. In the case of a returned order due to an incomplete address, the client will have the possibility to either: modify his delivery address and have his order re-sent, while supporting any additional shipping costs; or to have his order refunded with the cost of shipping deducted from the refund.

Responsibility of safe transport: It is the responsibility of the client at the reception of the command, to check the contents of the delivery to ensure the condition of the shipment. If the condition is not as expected they must follow the directive outlined: the customer must either signal the deliverer that they will not accept the package, sign the declaration provided by the deliverer and leave the package with him; or immediately call the customer service department of PHILIPPEARDISSON in the presence of the deliverer. In either case the client must then address a letter to PHILIPPEARDISSON and send it with recorded delivery AND send an email to wine@philippeardisson.com within 2 days of having refused the delivery to inform PHILIPPEARDISSON of the situation.

Delay: The company PHILIPPEARDISSON undertakes to make every effort to deliver products ordered in a timely fashion. The delay will vary according to product, the chosen method of delivery as well as the country of delivery chosen. If in an order products have different times of delivery the longest time of delivery will apply to the whole order.

6. Stock

In the case of a product in an order being out of stock, PHILIPPEARDISSON will inform the client as soon as possible to allow the customer to choose their preferred course of action:

The substitution of the out of stock product by the following vintage or an equivalent/superior bottle within the same price range.
The refund of the value of the unavailable products or of the totality of the order at the discretion of the client.

In the case of a temporary unavailability, the client will also be proposed the additional option to wait for the next date of restocking (which will be indicated to them) and at that point to have their full order shipped.

7. Right to Retraction

The client has the right to withdraw from this contractual agreement for any reason and without justification within a period of fourteen days. The fourteen days are counted after the day on which the client, or a third party, other than the transporter, designated by the client, physically takes possession of the goods.

To exercise this right of withdrawal, the client must notify us of their decision to withdraw from the contract by means of a clear statement of intent (e.g. letter sent by post or an e-mail). The client may use the withdrawal form downloadable here, but its use isn’t mandatory.

The withdrawal period will be respected, as long as the client transmit their intent to exercise the right of withdrawal before the expiry of the withdrawal period.

Withdrawal effects

If the client withdraws from the contract, we will refund all payments received from the client, including delivery charges (except any additional charges arising from the choice to withdraw, i.e. return delivery costs, as well as the choice to benefit from delivery methods other than standard delivery) without undue delay and no later than fourteen days from the day we are informed of the decision to withdraw from the contract.

We will execute the refund using the same method of payment that was used for the original transaction, unless the client expressly agrees to a different method, in either case, this refund will not result in any charge to the client. We may defer the refund until we receive the merchandise or until the client has provided proof of shipment of the property, whichever comes first.

The client must return the property by hand or return it to SARL PHILIPPEARDISSON – 41, rue Laure Diebold 69009 Lyon without undue delay and, in any case, no later than fourteen days after having informed us of the decision to withdraw from the contract. This period is deemed to be respected if the client returns the property before the expiry of the fourteen-day period.

The client will be responsible for the direct costs of returning the property.

The client is liable for the loss of value of the merchandise resulting from all manipulations beyond the handling necessary to see whether the goods are as expected. In the case where certain products have been opened or consumed, PHILIPPEARDISSON is entitled to deduct the value of these products from the refund made to the buyer.

8. Applicable Law and Dispute Resolution

Consumer Mediation Service or Ombudsman: Amiable resolution of disputes between the trader and the consumer conforming to the articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the ‘Code of Consumption’.

In the case of unresolved disputes between the trader and the consumer, the consumer has the possibility to implicate the consumer mediation service. Before contacting the consumer mediator the consumer must have already tried to resolve the dispute directly with the trader through a written means of communication or to have made a retraction as per the contract concluded with the trader.

Consumer mediation is an out-of-court settlement of consumer disputes. If the conditions are met, a mediation will take place according to a precise process and according to the applicable laws.

To contact the consumer mediator/Ombudsman:
MEDIATION – VIVONS MIEUX ENSEMBLE
Website: www.mediation-vivons-mieux-ensemble.fr
Address: 465 avenue de la Libération 54 000 NANCY

IMPORTANT: Never send defective or contentious items or items to be refunded to the consumer mediator. Never send original documents to the consumer ombudsman. Make photocopies of all concerned documents.

European online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=UK

Philippeardisson contact address: wine@philippeardisson.com

Applicable law and competent jurisdiction
The general conditions of sale are governed by French law. If any clause of these terms and conditions become null and void, this shall not affect the validity of or compliance with these terms and conditions. In case of persistent disagreement concerning these conditions and a failing of amiable agreement, any dispute will be referred to the relevant French courts.

Time limits for reimbursement
In the event of a refund following a dispute we will refund you the amount agreed with our customer service without undue delay and at the latest fourteen days from the day you have agreed in writing to this refund with our customer service. In the event of a refund in exchange for a return of merchandise, we may defer the refund until we have received the merchandise or until you have provided proof of return shipment of the merchandise, whichever comes first. For credit card refunds, please note that interbank delays may retard the actual credit on your account by a few days.

9. Protection of minors

The «Code de santé publique » (public health code) specifies that the sale of alcohol to minors under 18 years of age is illegal (modified, see article 93 of the French law HPST).

When registering to the site the client must recognize his being an adult and every time he orders must tick the check box confirming his adheral to the terms and conditions and thus re-affirm that he is indeed 18 or over.

10. Protection of personal information

The site www.philippeardisson.com/en is implicated in the declaration of the CNIL. Conforming to the French law n° 78-17 6 January 1978 related to the technological domain, in “Filing and Freedom, persons have the right to access, edit or delete the personal information related to them that are stocked by and the responsibility of PHILIPPEARDISSON. Any client can exercise this right by addressing our customer service department by email at the address wine@philippeardisson.com or by post.

To meet the demands and needs of clients, and to ensure an optimized remote service the company PHILIPPEARDISSON is obliged to save certain personal information (name, address). This information is destined for use by PHILIPPEARDISSON only.

Payments by bank card are secured by an SSL online payment system. All information pertaining to clients’ banking details that they send to PHILIPPEARDISSON to complete an order are neither saved nor visible online. PHILIPPEARDISSON guarantees the confidentiality of this information.

See www.philippeardisson.com/cookies/

11. Images

Photos, graphics, and illustrations used on the site www.philippeardisson.com/en are non-useable. They are the exclusive property of PHILIPPEARDISSON and are not free use.

Images in product descriptions are non-contractual and do not necessarily represent exactly which product packaging will be delivered. The appearance of products can vary depending on availability among other factors.