ARTICLE 1: ABOUT THE SELLER
The website www.pleasurewine.com belongs to the LLC Pleasure Wine, RCS Strasbourg.
SIRET Number: 532 121 480 00018
European VAT Number: FR4753212148000026
Head office: 9 Route d’Eschau – BP 80304 – 67411 Illkirch-Graffenstaden Cedex – France
Phone: +33 (0) 388 182 150 – Fax : +33 (0) 388 182 181 – Email : firstname.lastname@example.org
ARTICLE 2: SCOPE
These General Terms of Sale (also referred to as “Sales Terms”) shall apply to all sales, notwithstanding any conflicting, contrary or additional terms and conditions. No such conflicting, contrary or additional terms and conditions shall be deemed accepted unless and until expressly confirmed by Pleasure Wine.
These General Terms of Sale are available in the footer of the Seller’s website www.pleasurewine.com (Informations > “Terms & conditions of use”). You may also get in contact with Pleasure Wine to get a copy of these Sales Terms (by phone, fax, postal mail or email). Please read these Sales Terms carefully before ordering.
Once an order has been placed (on the website, by fax, by postal mail, by email or by phone), Pleasure Wine considers that the Buyer has accepted these Sales Terms. Any information found in other documents such as leaflets, or catalogues obtained from the Seller is only indicative.
In case of a situation not stated in these Sales Terms, distance selling regulations shall apply. They depend on the location of the company or its head office. These Sales Terms are regulated by French Law.
ARTICLE 3: ORDERS
To place an order, there are two distribution channels at your disposal:
1. The Seller’s website www.pleasurewine.com: the Buyer confirms an order when pressing the “Confirm my order” button and checking the box “I agree to the terms of service and will adhere to them unconditionally”. This completes the order process and accepts Pleasure Wine’s Sales Terms.
The data gathered by the Seller keeps track of the nature, content, date and means of payment of the order. It is archived by the Seller and can be accessed by the Buyer, from “My Account > Order History and Details”, or by contacting Customers Service.
2. By phone, fax, postal mail or email: the Buyer can place an order simply by contacting the Pleasure Wine company (see contact information in Article 1).
The Seller agrees to accept any order placed through these two channels, according to these Sales Terms, as long as products are available.
In case a product is out of stock, the Seller shall notify the Buyer of the time needed to procure said product, or shall offer a substitute product.
An order will only be processed once payment has been validated. The Buyer will then receive a confirmation email.
Pleasure Wine reserves the right to cancel all non-conforming or dubious orders, as well as those from a customer with whom there is any dispute.
ARTICLE 4: PRICES
The indicated prices are in Euros, both plus tax (TTC: VAT and other applicable taxes) and tax non included (HT). Displayed net prices include product prices, handling fees, packaging fees and preservation costs, but they do not include shipping costs. These shipping costs are paid by the Buyer, who will be charged at the end of the ordering process, as an addition to the price of the ordered products. Shipping costs may vary according to the number of products ordered and the delivery location.
The Seller reserves the right to modify its prices at any time, but products shall be invoiced on the basis of the purchase price in force at the time of the order validation.
ARTICLE 5: SHIPPING
Products can be delivered either directly to the Buyer, or made available by simple notice, or delivered by a carrier.
The order will be delivered to the address chosen by the Buyer during the ordering process. In case of a mistake in the delivery address, the Seller cannot be held accountable for failing to deliver the product.
Pleasure Wine ships in France and in the following countries: countries within the European Union (excepted the Canary Islands, Ceuta and Melilla in Spain, and the Azores and Madeira in Portugal), Argentina, The Bahamas, Ecuador, Guatemala, Australia, Brasil, Chile, Croatia, Colombia, Costa Rica, Dominican Republic, El Salvador, Honduras, Hong Kong, Iceland, Finland, Israel, Norway, Jamaica, Japan, India, South Korea, Liban, Malaysia, Martinique, Mexico, Nicaragua, New Zealand, Canada (Ontario only), Panama, Paraguay, Peru, the Philippines, Puerto Rico, Singapore, South Africa, Switzerland, Taiwan, Turkey, Thailand, Uruguay, Venezuela, Vietnam, Serbia, USA (except Massachusetts).
If you want us to ship to another location, Pleasure Wine can provide you with a specific detailed quotation, which will have to be discussed.
Shipping fees are automatically estimated by our website, according to the destination and the weight of your order.
Delivery time is indicated during the ordering process. Delivery time depends on the destination country selected by the Buyer, as well as the selected carrier (UPS Standard or UPS Express Saver). The Seller will do everything to respect the delivery date scheduled during the ordering process. The Seller cannot be held accountable for any delay related to the carrier.
In case the Buyer fails to receive a package within the time specified, they need to notify the Seller, so that an investigation can be conducted with the carrier. This investigation may take several days (15 days at least). During this period, no refund or return can be granted. After confirmation that the parcel has been lost by the carrier, the Buyer’s order will be refunded, or their order will be shipped again.
In case of damage or shortage in the delivery, it is up to the Buyer to formulate remarks to express dissatisfaction on the delivery receipt of the carrier, in the presence of the carrier, and to confirm these same remarks by registered letter, within two business days following the reception of the goods to the carrier and to the Seller. The Seller and the carrier cannot be held responsible if the Buyer fails to formulate remarks, and as such any demand for a refund shall be denied.
The Buyer must check any parcel they received, as to immediately notify the carrier in case of a problem.
Orders paid by credit card will only be processed once payment has been validated. The deadline for shipping will be calculated from the day the method of payment has been registered.
Delay in shipping can happen for the following reasons:
1. Order validation: For security reasons and to protect our clients from possible credit card frauds, every order is subject to verification.
2. Availability: We shall try to give you the most accurate information regarding availability. Product availability displayed on the website is indicative only and does not represent a binding contract. In case a product is not available due to a stock error, the Seller shall inform the Buyer as soon as possible, as to propose a substitute product or a cancellation of the order.
If the product has not been delivered a month after the indicated delivery date, for any other reason than force majeure, the order can be cancelled by either the Buyer or the Seller.
In these two mentioned scenarios, according to theses Sales Terms, the Seller cannot be held accountable for any delay in delivery. Refund claims in case a delivery has been delayed are to be sent by writ to Customers Service, and will be examined by the Seller.
ARTICLE 6: PRODUCT INFORMATION
Products sold by Pleasure Wine are presented and described with as much accuracy as possible. Pictures and other visuals are for illustration purposes only.
The Buyer can ask for more information on the products sold by Pleasure Wine, by contacting Customers Service (by phone, email or postal mail). All texts and photos on the website www.pleasurewine.com are copyrighted material and all rights are reserved, under Copyrights and Intellectual Property Rights. This means you must have Pleasure Wine’s permission to use the texts or photos in any way. Linking to any page of the website www.pleasurewine.com is strictly prohibited in the absence of a separate linking agreement with Pleasure Wine.
ARTICLE 7: PAYMENT
Payment of any product bought from the Seller shall be made in full upon ordering. The Seller retains the ownership of all wines and spirits until full payment.
Payment on www.pleasurewine.com can be made by credit card (CB, Visa, MasterCard) or by wire transfer. Credit card payment is limited to 5000€ (~$5591) by transaction. Over 5000€ (~$5591), the Buyer has to pay for their order using wire transfer. An invoice will be sent by the Seller to the Buyer to their email address. Possible bank charges related to the payment shall be paid by the Buyer.
ARTICLE 8: OWNERSHIP
The Seller remains the owner of the sold products until the actual payment occurs, in its entirety for the principle and the accessory. In the case of a default of payment, the Buyer shall be forbidden from reselling or transforming the obtained products. The Buyer must immediately notify the Seller of any difficulty which may cause a default of payment, or any third-party intervention in respect of the products. These provisions do not prevent the Buyer, after delivery, from liability for loss or deterioration of the products sold as well as any damages it may incur. In the case of a lack of total or partial payment, the Buyer shall hand back the delivered products. The Buyer shall cover all expenses related to their restitution. It is expressly agreed between the parties that the deposit sent shall be retained by Pleasure Wine as compensation.
ARTICLE 9: TAX REFUND
Tax refund applies to foreign tourists, from outside the EEC (European Economic Community), for a purchase exceeding 175€ (~$196), made in a single day. The handling of said tax refund will be done by the company Premier Tax Free SA. The amount of the tax refunded to the Buyer is equal to 13% of the cost (tax included) of the product, for a VAT at 20%. Tax refund will be done within 30 (thirty) business days, upon reception of the tax refund slips, stamped by customs, and sent by Premier Tax Free SA. The Buyer must ask for a tax refund slip when placing an order, so that the document can be sent when delivering the order.
Using a European VAT number
If your company is located in a country within the European Union, other than France, and if you send us a European VAT number delivered by a country within the European Union, in which your company is located, and if you choose to ship in a country other than France, you are eligible for VAT exemption.
The European VAT Number is delivered by the relevant tax authorities and you have to read and accept the following conditions:
- You warrant and declare that the European VAT number you have given us corresponds to your company and that said company is located in a country within the European Union.
- You warrant and declare that any transaction on your user account will be made by your company, with the European VAT number you have communicated.
- You warrant and declare that the European VAT number and all the information you have given are up to date, verifiable and complete, and that you will immediately notify us of any change or update regarding this information.
- We reserve the right to ask you more information and to ask for confirmation regarding the validity of the information concerning your user account (for example, your European VAT Number).
- In case the given European VAT Number should be invalid, or the documents regarding VAT exemption should not be sent, we reserve the right to cancel your order.
ARTICLE 10: DELIVERY AND RETURN
The Buyer, non professional or physical person, benefits from a period of 7 (seven) full days after the reception date of the products to return them to the Seller, or request a refund, with no additional fees. Products must be returned in their original wrapping, accompanied by the receipt. Shipping costs, as well as handling fees, shall be at the Buyer’s expense.
Returning a product has to be carried out in the 7 (seven) following business days after the cooling off period has ended. The products must have been adequately stored (see the ideal storage conditions), in the original packaging, must be complete and in perfect condition. The cost of damaged products, opened products, empty bottles or damaged packaging will be deducted from the reimbursed amount.
Returned products are to be sent to the “Sender” address indicated on the delivery slip. In case a cooling off period occurs, the Seller will reimburse the Buyer as soon as possible, in the 30 (thirty) days following said cooling off period. The Buyer will receive the reimbursed amount on their bank account (wire transfer) or via cheque. Any return must be notified in advance to the Seller by email at email@example.com or by postal mail at: 9 Route d’Eschau – BP 80304 – 67411 Illkirch-Graffenstaden Cedex – France.
The relevant provisions of the withdrawal agreement in case of distance selling (art. L 121-16 al. 1 of the French Code de la Consommation) do not apply to professional Buyers (Avis DGCCRF n° 89-145 of December 28, 1988, BID 1989/5 p.6).
ARTICLE 11: IP RIGHTS
Using the Seller’s brand name or any of its derivatives is strictly forbidden. The Buyer is also forbidden from using the brands distributed by the Seller, in any way, shape or form.
ARTICLE 12: FORCE MAJEURE
It is explicitly agreed that, other than those which are normally accepted by French law, some events shall be considered cases of force majeure. If such a case were to take place, the obligations of this contract shall be suspended. Force majeure includes, but is not limited to, the following events:
- Computer failure
The Seller, noticing such exceptional circumstances, shall inform the Buyer of the impossibility to perform the service, as soon as possible. The suspension of obligations shall in no case be cause of responsibility for non-execution of the obligations, or induce the payment of damages or penalties of delay. Suspension will cease as soon as practicable, after the exceptional circumstances leading to the suspension have ceased.
ARTICLE 13: LITIGATION
French Law is the only applicable law between the parties.
The parties involved can decide to settle and reach an agreement before bringing the matter to the attention of the court.
All disputes arising out of or in connection with the present contract shall be submitted to the Commercial Court within whose jurisdiction the company's registered office is located, which is to say the Commercial Division of the High Court of Strasbourg.
ARTICLE 14: PERSONAL DATA
Creating an account on www.pleasurewine.com requires the Buyer to share their personal data.
This data is necessary to process orders and to manage commercial relationships between www.pleasurewine.com and its Buyers. The information provided will not be used for other commercial purposes and will not be sold, rented, leased or forwarded to any third party. Buyers' email addresses may be used by Pleasure Wine for marketing purposes.
In conformity with the provisions of the 1978 Law, Article 78-17, the Buyer can access and modify any personal information. To do so, the Buyer should get in contact with the Seller’s Customer Services.
- Postal mail, email addressed to the Seller’s Customer Services.
ARTICLE 15: PUBLIC HEALTH AND SAFETY
In accordance with the Article L. 3342-1 of the Code Français de la Santé Publique and the French ordonnance n° 2009-879, dated 21st July 2009, it is illegal to sell alcohol to minors. Anybody placing an order therefore agrees to be at least 18 (eighteen) years old on the date they first access the website www.pleasurewine.com and place their order, thus complying with the laws of the country of delivery of the wines.
For other countries, it is up to the Buyer to abide by the laws in effect in their country of residence.
Excessive alcohol consumption can be damaging to your health. Drink in moderation.
ARTICLE 16: GUARANTEES
The Seller guarantees the Buyer that shipping shall be done in the best conditions. The bottles are sent in a perfectly isothermic packaging, insured against any risk related to transportation, before being sent to the address of your choice.
The website www.pleasurewine.com is bound by the guarantee in respect of latent defects, according to the Article 1641 of the French Code Civil: “The Seller is bound by the guarantee in respect of latent defects in the sold item which render said item unsuitable for the use for which it is intended, or which restrict this use to such an extent that the buyer would not have bought the item, or would have paid a lower price if they had been aware of said defects.” As a consequence, the Buyer has a two (2) months time frame after the delivery date to send a complaint to the Seller. After this period, the Seller cannot guarantee the wines and or spirits and the Buyer will have to prove that the wines’ or spirits’ alteration supersedes the delivery of said items.
Wines from the Great Cellar: Great Growths, Primeur Wine, rare wines and/or old vintages do not benefit from the aforementioned warranty. Such wines have been specifically chosen for their notoriety and have not been tasted by the Seller’s tasting committee.
The Seller declines all responsibility as for the “taste” of old vintages. The Buyer is responsible for their own tolerance to old vintages and the Seller cannot guarantee the “taste”.
ARTICLE 17: MISCELLANEOUS
Pictures used on this website may differ from actual products.
Wine description: Pleasure Wine cannot be held responsible for any comment, critique or description made by the website’s users.
The original version of these Terms of Sales was made in the French language. In the event of any inconsistency or contradiction between the French version and this English translation, the French version shall prevail.