ARTICLE 1 – Scope of Application

These General Terms and Conditions of Sale (“GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Clients or the Client”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website https://la-cave-privee-fixin.com (“the Site”).

The purpose of the Site is:

• To sell all types of goods and food, household, consumer, and equipment products, including beverages, alcoholic or not;

• To provide information about the Company’s activities;

• To offer access to a virtual space allowing Users to communicate with the Company.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the Site, which the Client is required to read before placing an order.
The Client alone is responsible for the selection and purchase of a Product.
Product offers are valid while stocks last, as specified when the order is placed.
These GTCS are accessible at all times on the Site and shall prevail over any other document.

The Client declares that they have read and accepted these GTCS by checking the appropriate box before initiating the online ordering process on the Site.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.

Seller’s Contact Information:

ANARIZIAMAR
38 B RUE DE LA CORVÉE 21000 DIJON
80217893900012
RCS Dijon B 802 178 939
Email: info@burgundy-wine-club.com
Phone: 03 80 42 96 54

The Products presented on the Site are offered for sale in the following territory:
FRANCE

In the case of an order to a country other than mainland France, the Client is considered the importer of the Product(s).
For all Products shipped outside the European Union and French overseas departments and territories, prices are automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties or state taxes may be due and shall be borne exclusively by the Client.

ARTICLE 2 – Prices

The Products are supplied at the current prices shown on the Site at the time the order is recorded by the Seller.
Prices are expressed in Euros, both excluding and including tax.

Prices take into account any discounts that may be granted by the Seller on the Site.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to change the prices at any time outside the validity period.
Prices do not include processing, shipping, transport, and delivery costs, which are charged extra under the conditions indicated on the Site and calculated before the order is placed.
The total price payable by the Client includes these additional costs.
An invoice is issued by the Seller and delivered to the Client upon delivery of the ordered Products.

ARTICLE 3 – Orders

It is the Client’s responsibility to select the Products they wish to order on the Site, following these steps:

The Client selects a Product to add to their cart, which they can modify or remove before validating the order and accepting these GTCS. Then, they will enter their contact information or log in to their account and choose a delivery method. After validating the information, the order becomes final and requires payment by the Client under the stipulated terms.

Product offers are valid while they are visible on the Site and within the limits of available stock.
The sale is only considered valid once the full price has been paid. It is the Client’s responsibility to check the accuracy of the order and report any errors immediately.
Any order placed on the Site constitutes a distance sales contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a payment dispute related to a previous order.
The Client can track their order status on the Site.

ARTICLE 3 Bis – Client Area – Account

To place an order, the Client is invited to create an account (personal area).
They must register by completing the form provided during the order process and commit to providing sincere and accurate personal information, including email address.

The Client is responsible for updating their information and can modify it by logging into their account.
To access their personal area and order history, the Client must log in using their username and password, which are strictly personal. They must not share these credentials and are solely responsible for their use.

The Client can also request account deletion via their personal area or by emailing: info@burgundy-wine-club.com. Account deletion will occur within a reasonable period.

In the event of a breach of the GTCS and/or Site terms of use, the Site may suspend or close a Client’s account after prior written notice via email has gone unaddressed.
Account deletion, for any reason, results in the permanent deletion of all the Client’s personal information.
Any force majeure event causing a site or server malfunction, as well as maintenance-related interruptions or changes, shall not incur the Seller’s liability.
Creating an account implies acceptance of these GTCS.

ARTICLE 4 – Payment Terms

The price is paid via secure payment, as follows:

• Payment by bank card

The price is payable in full by the Client on the day the order is placed.
Payment data is exchanged in encrypted form via a certified payment service provider used for Site transactions.
Payments made by the Client will only be deemed final once the Seller has received the amounts due.
The Seller is under no obligation to deliver the Products ordered if the Client has not paid the full price as specified above.

ARTICLE 5 – Deliveries

(Section left blank – to be completed if needed)

ARTICLE 6 – Transfer of Ownership

Ownership of the Products shall only transfer to the Client after full payment of the price, regardless of the delivery date.

ARTICLE 7 – Right of Withdrawal

In accordance with Article L221-18 of the French Consumer Code:
“For contracts providing for the regular delivery of goods over a defined period, the withdrawal period begins upon receipt of the first good.”

The right of withdrawal can be exercised online using the attached form (also available on the Site) or by sending any unambiguous statement expressing the desire to withdraw, including via mail to the Seller’s contact details provided in ARTICLE 1.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.), allowing resale as new, and must be accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted.

Return shipping costs are borne by the Client.
Exchanges (subject to availability) or refunds will be made within 14 days of the Seller receiving the returned Products in accordance with this article.

ARTICLE 8 – Seller’s Liability – Warranties

The Products supplied by the Seller benefit from:

• The legal warranty of conformity for defective, damaged, or non-compliant Products;

• The legal warranty against hidden defects arising from a material, design, or manufacturing flaw that renders the delivered Products unfit for use.

Provisions relating to legal warranties

Article L217-4 of the French Consumer Code
“The seller shall deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when such is made his responsibility under the contract or has been carried out under his responsibility.”

Article L217-5 of the French Consumer Code
“The goods conform to the contract:
1° If they are fit for the purpose usually expected of similar goods and, if applicable:

• if they match the description given by the seller and have the qualities presented to the buyer as a sample or model;

• if they have the qualities that a buyer can legitimately expect given public statements made by the seller, producer, or their representative, particularly in advertising or labeling;

2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller’s attention and accepted.”

Article L217-12 of the French Consumer Code
“The action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.”

Article 1641 of the French Civil Code
“The seller is bound by the warranty on account of hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have acquired it, or would only have paid a reduced price for it, had they known of them.”

Article 1648 paragraph 1 of the French Civil Code
“Action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.”

Article L217-16 of the French Consumer Code
“When the buyer requests from the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable good, a repair covered by the warranty, any downtime of at least seven days is added to the remaining warranty period. This period starts from the buyer’s request for intervention or from the availability of the item for repair if later than the request.”

To enforce their rights, the Client must inform the Seller, in writing (email or postal mail), of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs refunded upon presentation of receipts.
Refunds, replacements, or repairs will be made as soon as possible and no later than 30 days after the Seller acknowledges the defect or non-conformity. Reimbursement may be made by bank transfer or check.

The Seller cannot be held liable in the following cases:

• Failure to comply with the legislation of the country where the products are delivered, which the Client must check;

• Misuse, professional use, negligence, or lack of maintenance by the Client, as well as normal wear and tear, accidents, or force majeure.

Photographs and illustrations on the Site are non-contractual and shall not engage the Seller’s liability.
The Seller’s warranty is in any case limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 – Personal Data

The Client is informed that their personal data is necessary for the sale of the Products and for their delivery to third parties. These personal data are collected solely for the execution of the sales contract.

9.1 Data collection

The personal data collected on the Site are:

Account creation
When creating a Client account:
Name, surname, postal address, telephone number, and email address.

Payment
Payment information includes financial data related to the Client’s bank or credit card.

9.2 Recipients of personal data

The data are used by the Seller and its partners to fulfill the contract and ensure the sale and delivery of Products.

Categories of partners involved:

• Payment service providers

9.3 Data controller

The data controller is the Seller, in accordance with the French Data Protection Act and the EU General Data Protection Regulation (GDPR – Regulation 2016/679).

9.4 Data processing limitation

Unless expressly consented by the Client, personal data will not be used for marketing or advertising purposes.

9.5 Data retention period

The Seller will retain the collected data for a period of 5 years, covering the statutory limitation period for contractual civil liability.

9.6 Security and confidentiality

The Seller implements digital security measures (organizational, technical, software, and physical) to protect personal data. However, the internet is not completely secure, and the Seller cannot guarantee total data transmission or storage security.

9.7 Users’ rights

Under the applicable data protection laws, Clients have the right to:

• Update or delete their data via email, postal mail, or their personal account;

• Delete their account by emailing the address provided in section 9.3;

• Access their personal data;

• Request correction if the data is incorrect;

• Request deletion in accordance with applicable laws;

• Request portability to another service provider;

• Object to data processing.

These rights may be exercised by contacting the data controller (see section 9.3).
The data controller must respond within one month.
If the request is denied, it must be justified.
The Client may lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 Paris) or take legal action.
The Client may be invited to check a box to consent to receiving commercial and informational emails. This consent may be withdrawn at any time by contacting the Seller or via an unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the Site is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any full or partial reproduction of this content is strictly prohibited and may constitute an infringement.

ARTICLE 11 – Governing Law – Language

These GTCS and the transactions arising from them are governed by French law.
These GTCS are written in French. If translated into other languages, only the French version shall prevail in case of dispute.

ARTICLE 12 – Disputes

For any complaints, please contact customer service at the Seller’s contact details provided in ARTICLE 1 of these GTCS.

The Client is informed that they may resort to conventional mediation, with existing sector mediation bodies, or any alternative dispute resolution method (such as conciliation).

The appointed mediator is:
Association nationale des médiateurs (ANM)
2 rue de Colmar, 94300 Vincennes
http://www.anm-conso.com
Email: contact@anm-conso.com

The Client may also use the EU’s Online Dispute Resolution platform (ODR):
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any disputes related to transactions made under these GTCS that are not resolved amicably or through mediation will be submitted to the competent courts under standard legal procedures.