La Cave du canal
SAS with a capital of 1,500 euros
Headquarters: 231 Rue La Fayette, 75010 Paris
SIRET / SIREN: 90458844900010 / 904588449
Article 1: Object hereof and scope
The company "La Cave du Canal S.A.S" (hereinafter referred to as the "Seller") is mainly involved in the sale of bottles of alcohol and more particularly wines as well as other food products.
These general conditions of sale (GTC) apply to all sales of products concluded with an individual, within the establishment or remotely, via the order form made available to the Buyer by the Seller on its website "www.lacaveducanal.fr" and within its establishment. The products thus purchased may be subject, depending on their availability and/or the Buyer's choice, either to immediate collection in store or to delivery in mainland France.
Sales made in this context are reserved solely for consumers, within the meaning of the preliminary article of the Consumer Code, acting exclusively on their own behalf and having full legal capacity to contract. The products must be intended solely for the personal use of the recipient, which excludes any resale of said products to third parties.
In addition, as the Seller offers the sale of alcoholic beverages, offers are exclusively reserved for persons of age, within the meaning of French law. In accordance with article L.3342-1 of the Public Health Code which provides that the sale of alcohol to minors under the age of eighteen (18) is prohibited, the Buyer undertakes to be eighteen eight years of age on the date of the order. In order to verify in particular the identity and age of the person making the withdrawal, an identity document may be requested by the Seller in accordance with the law.
Alcohol abuse is dangerous for your health. Consume with moderation.
Article 2: Acceptance and modification hereof
The Buyer declares to have read these GCS before the sale and to have accepted them. Any order from the Buyer therefore implies acceptance without restriction or reservation of these GCS.
These T&Cs will apply as long as they are available on the website www.lacaveducanal.fr as well as directly in store. They may be subject to change and may be replaced by the Seller. The applicable GCS are those in force at the time of the sale.
In the event that, after their replacement, these GCS nevertheless remain accessible to the public by any means, they will no longer be binding on the Seller.
Article 2: Identification of the author of the offer
The products are sold to the Buyer by:
La Cave du Canal SAS Company, whose registered office is located at 231 Rue La Fayette, 75010 Paris, registered in the Paris Trade and Companies Register under number RCS 904 588 449
Article 3: Product Orders
3.1 Conclusion of the sale
The sales contract is formed in accordance with French law when there is agreement on the item and the price and the offeror has received acceptance from the recipient.
3.2 Out of stock and refused orders
If the products ordered are out of stock, the Seller may offer the Buyer to replace them, with his agreement, either with another vintage or with an equivalent wine
The Seller is entitled to refuse any abnormal order or order placed in bad faith.
In addition, the Seller is entitled to refuse any order from a Buyer with whom there is a dispute relating to payment for a previous order.
Such refusals would respond to a "legitimate reason" within the meaning of the provisions of Article L.121-11 of the Consumer Code.
Article 4: Price of Items
The prices of the items are expressed in euros and include all duties and taxes of any kind.
VAT and duties specific to alcoholic products are applied at the rate in force at the time of sale. The prices of the products do not include postage, delivery costs, the price of certain packaging or the price of other optional services, expressly subscribed to by the Buyer, which remain extra. The latter will be communicated to him before placing the order.
Article 5: Terms of payment and retention of title
Payment for the Purchaser's purchases is made in cash or by credit card (Carte Bleue, Visa, AMEX, Eurocard/Mastercard) .
In the case of payment by credit card, the full amount of the order will be debited from the credit card when the order is registered. The Seller reserves the right to suspend any processing of the order in the event of refusal of payment authorization by the bank.
The Seller retains full ownership of the items purchased by the Buyer until the Buyer has fulfilled all of its obligations and in particular until full payment of the price , plus interest where applicable. This does not preclude the transfer of the risks of the goods to the Buyer upon delivery of the goods.
Article 6: Delivery
The products purchased may be subject, depending on their availability and/or the Buyer's choice, either to immediate collection in store or to delivery in mainland France.
6.1 Delivery area
Items can only be delivered:
In the event that the Buyer indicated during his order an incorrect address or an incomplete address that does not allow the delivery of the products, he will not be reimbursed and the products ordered and the return costs will be at the Buyer's expense, unless the latter does not wish to be reshipped.
6.2 Delivery time
In accordance with the provisions of Article L.111-1 of the Consumer Code, the Buyer is informed, before the conclusion of the contract, of the deadline by which the Seller undertakes to deliver the item .
6.3 Breakage during shipment
If, upon delivery, the external appearance of the package is not perfect, the Buyer will open it in the presence of the carrier in order to check the condition of the item.
If the bottle(s)/Product(s) is (are) broken, the Buyer must refuse the package. The carrier will be responsible for informing the Seller. Upon receipt of this information, the Seller undertakes to resend an identical package to the Buyer as soon as possible.Under no circumstances may the Buyer demand reimbursement of the product and delivery costs
In the absence of breakage, if the product does not correspond to the order of the Buyer, the provisions of article 7 below are applicable.
Article 7: Right of withdrawal and return of items
7.1 Withdrawal Process and Refund
In accordance with Article L.121-21 of the Consumer Code, the Buyer has a period of fourteen days from the day of receipt of the products to exercise his right of withdrawal, without having to justify reasons or to pay costs and penalties (with the exception of return costs).
If the Buyer makes use of this right of withdrawal within 14 clear days of receipt of the Product, the Seller undertakes to reimburse the Buyer for all sums paid by the latter without period and at the latest within thirty days following the date on which this right was exercised. Return costs will be borne by the Buyer. To exercise these rights of cancellation of the Order and of withdrawal, the Buyer must send the Seller an email informing him of the exercise within 14 days after receipt of the right of withdrawal. A confirmation acknowledging receipt of this return request will be sent to him by email with the indication of the return address of the product in their original packaging. It will be up to the Buyer to provide proof of this return of the products and the date of return.
The refund will be made using the same means of payment as that used by the Buyer for the initial transaction, unless the Buyer expressly agrees to the Seller using another means of payment.
7.2 Exception to withdrawal
Article 8: Express waiver of the application of article 1587 of the Civil Code
The quality of a wine depends in part on subjective elements. The Buyer is supposed to have a good knowledge of our wines. He is required to ensure the conformity of the wines on the day of their reception. No return will be accepted if it has not been the subject of prior agreement from the Seller.
Article 9: Legal guarantees
The Seller is required to apply the legal guarantees of conformity (articles L.217-5 to L.217-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code) in the conditions provided by law.
The Seller informs the Buyer that, when the latter is acting under the legal guarantee of conformity :
– he has a period of two years from the delivery of the property to act;
– he can choose between repairing or replacing the good, subject to the cost conditions provided for in article L211-9 of the Consumer Code;
– it is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted by the Seller, where applicable. It is recalled that the Buyer can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and that in this case he can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the civil code.
If the products ordered are out of stock, the Seller may offer the Buyer to replace them, with his agreement, either with another vintage or with an equivalent wine.
Reminder of Articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and Articles 1641 and 1648, first paragraph, of the Civil Code:
"Article L.217-4 of the Consumer Code : "The Seller delivers goods that comply with the contract and is liable for any lack of conformity existing upon delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility"..."
"Article L.217-5 of the Consumer Code: "The good complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
– if it corresponds to the description given by the Seller and has the qualities that the latter has presented to the Buyer in the form of a sample or model;
– if it has the qualities that a Buyer can legitimately expect given the public statements made by the Seller, the producer or his representative, in particular in advertising or labeling
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted". »
“Article L.217-12 of the Consumer Code : The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
“Article 1641 of the Civil Code: The Seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the Buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them. »
“Article 1648 of the Civil Code, first paragraph : The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
If the non-compliant nature of the product(s) is confirmed, the Seller will then proceed, at the option of the Buyer and subject to article L.217-9 of the Consumer Code:
Article 10: Information – Complaints
The information relating to all the products sold by the Seller complies with the requirements required by the legal and regulatory texts in force and, in particular, by Articles L.111-1 and L.113-3 of the Code of consumption and by the ministerial decree of 3 December 1987 "relating to consumer information on prices".
The photographs, graphics, reproductions and descriptions of the products and their packaging offered for sale are only indicative and do not bind the Seller in any way, subject to the legal provisions of public order.
For any additional information, complaint or question relating to these GCS or to the products themselves, the Buyer must contact the Seller at the following telephone number 04.66.38.44.33 and/or at the following email address : email@example.com, providing you with your order number if necessary.
Article 11: Electronic files – protection of privacy
The Seller has created an electronic file which lists certain personal data relating to its Customers and necessary for the management of orders and deliveries as well as the organization of commercial prospecting operations.
This database is hosted in France and has been declared to the CNIL under the number: 1571572, in accordance with the requirements of the French law known as "Informatique and freedoms » n°78-17 of January 6, 1978, modified.
The Buyer has an individual right to access, rectify and delete individual data of a personal nature concerning him, in accordance with the law " Computing and Freedoms » n°78-17 of January 6, 1978, modified, which he can exercise by sending an email to the following address: firstname.lastname@example.org
In addition, in accordance with Article L.121-34 of the Consumer Code, the Purchaser has the possibility of registering on a list of opposition to cold calling.
Article 12: Force majeure
The execution by the Seller of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution.
These are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds and in particular those affecting transport, and supply problems of the Seller.
The Seller will inform the Buyer of such fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Buyer would then have the possibility of canceling the order in progress, and it would then be reimbursed according to the procedure set out in article 9 of the these T&Cs.
Article 13: Disputes – applicable law – mediation – competent jurisdiction
These General Terms and Conditions are subject exclusively to French law
In the event of a dispute that may arise from the interpretation or execution of these GCS and its consequences, the Buyer may send a written complaint to the Seller by registered mail with acknowledgment of receipt to La Cave du canal, 231 Rue la Fayette, 75010 Paris.
In the event of failure of the complaint request to the Seller or in the absence of a response from the latter within two months from the date of receipt of the written complaint, the Buyer may free of charge a consumer mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with Articles L.612-5 and following of the Consumer Code.
The Buyer must submit his request to the mediator within a period of less than one year from his written complaint to the Seller.
The Buyer remains free to initiate, accept or refuse the use of mediation. In the event of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator.
If mediation fails, any dispute will be submitted to the exclusive jurisdiction of the French courts designated in application of the French rules of procedure..