1. APPLICATION AND ENFORCEABILITY OF THE GTC
These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") are offered by CRUS & COLLECTIONS SAS, with a share capital of €10,000, registered with the RCS of SAINTES under number 895092914, whose registered office is located at 17 route des Moulins, 17500 Léoville (hereinafter referred to as the "SELLER").
The SELLER offers, through its website https://www.crusetcollections.com (hereinafter referred to as the "Site"), Wines & Spirits (hereinafter referred to as the "Products").
Each client acknowledges having read, in a clear and understandable manner, these GTC as well as all the information necessary for the execution of these terms, in accordance with articles L.111-1 to L.111-8 of the Consumer Code, prior to placing their order and before concluding their contract with CRUS & COLLECTIONS SAS.
2. ACCESS AND AVAILABILITY OF THE SITE
The SELLER provides free access to its Site, with the Client remaining responsible for their computer equipment and internet connection, the costs of which are at their expense.
Access to the Site can be made:
From a computer or equivalent terminal with access to one or more telecommunications networks allowing access to the Internet and a web browser (such as Internet Explorer, Mozilla Firefox, etc.);
From a telephone terminal with access to a telecommunications network allowing access to the Internet (3G, 4G, Edge, Wi-Fi, etc.).
The SELLER makes its best efforts to keep the Site accessible at all times, subject to necessary maintenance operations for the proper functioning of the Site or the servers on which it is hosted. In case of maintenance interruption, the SELLER cannot be held responsible for any impact of this unavailability on the Client's activities.
The Client is aware of the technical hazards inherent to the Internet and the interruptions in access that may result. Consequently, the SELLER cannot be held responsible for any unavailability or slowdown of the Site.
The Client is informed that the SELLER's servers are hosted by the company OVH, 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1.
Any failure by the Client to fulfill their obligations under these GTC may result in the suspension or prohibition of the Client's access to the Site.
3. CONTRACT FORMATION PROCEDURES
Product orders are made through the Site.
Possessing a personal user account is a necessary and mandatory prerequisite to order Products on the Site.
Creating a user account requires the following mandatory fields: Last name, first name, address, email. The user account allows access to a personalized interface, managing their profile and orders. However, in case of incorrect information, the client may not receive emails or encounter other difficulties in placing, tracking, or receiving their order.
The Client selects directly on the Site the Product(s) they wish to order. The SELLER strives to provide visuals and descriptions that are as faithful as possible to the Products. However, as these visuals and illustrative texts are not contractual, the Client cannot hold the SELLER liable in this regard.
The Client is required to provide certain information about themselves to validate their order. All orders must be duly completed and contain this information strictly necessary for the order. The Client is responsible for the truthfulness, accuracy, and relevance of the data provided.
The Client may make changes, corrections, additions, or even cancel their order until its validation on the order summary page, before payment.
The sale of alcohol to minors under 18 is prohibited. If the buyer places an order from a country other than France, they agree to be of the minimum legal age to consume alcohol as specified in the legislation.
Excessive alcohol consumption is dangerous for health; consume with moderation.
4. PRICES AND PAYMENT TERMS
4.1. Prices
Access to the Site and the presentation of Products is free for the Client. Only the order of one or more Products will be subject to payment by the latter.
Product prices are mentioned on the Site in euros, all taxes included. The applicable prices are those valid on the day of the Client's order on the Site. The prices of delivered Products may vary depending on the place of delivery, with Product prices destined outside the European Union not being subject to VAT.
The prices of the Products and any additional costs related to the order are indicated clearly and comprehensibly on the order summary. Before placing the order, the Client is required to confirm this summary.
4.2. Payment Terms
Prices will be invoiced based on the rates in effect at the time of the order. An invoice summarizing all the Products ordered by the Client and their respective costs will be systematically sent to the latter.
The Client will pay the price directly on the Site, and necessarily before any execution by the SELLER, in accordance with the process provided for this purpose.
The SELLER uses a third-party secure payment system provided by Payplug.
Payment by the Client is a necessary prerequisite for the validation of their order.
Failure to pay on the due date will automatically result, without prior formal notice and by operation of law, in the suspension or invalidation of the Client's order, without prejudice to any other legal action.
5. DELIVERY
Delivery costs related to the order are indicated to the Client before any payment of their order and concern only deliveries made in mainland France, Europe, North America, Asia, Oceania. For any other delivery location, the Client must contact customer service.
Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the SELLER undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.
The Client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken or damaged Products, etc.).
If the Client's package is returned by the Post Office or other postal service providers, the SELLER will contact the Client upon receipt of the returned package to ask for further instructions regarding their order. If the Client mistakenly refused the package, they may request its reshipment by paying the postal fees for the new shipment in advance. Postal fees must be paid even for orders whose shipping costs were offered at the time of the order.
Any delay in delivery compared to the date or deadline indicated to the consumer Client at the time of their order or, failing that, exceeding thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the Client's initiative, upon written request by registered letter with acknowledgment of receipt, if after having requested the SELLER to make the delivery, it has not been carried out. The Client will then be refunded, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause does not apply if the delivery delay is due to a case of force majeure.
6. RIGHT OF WITHDRAWAL
The consumer Client has a period of sixty (60) days from the delivery of the Products to exercise their right of withdrawal under the conditions in force referred to in the Consumer Code, without having to justify any reason or pay any penalties.
If they wish to exercise their right of withdrawal, the consumer Client must inform the SELLER of their decision to withdraw from the contract either:
Through the form made available on the Site, specifically on their personal client account, and at the end of these terms, in Appendix 1;
OR
By presenting any other explicit and unambiguous declaration to this effect (for example, a letter sent by registered mail with acknowledgment of receipt).
In any case, the Client must indicate an unambiguous and unequivocal intention to withdraw.
In the event of withdrawal made on the Site by submitting the withdrawal form online, the SELLER will send the Client, without delay, an acknowledgment of receipt on a durable medium, to the email address provided during their order.
The Client bears the direct costs of returning the Products, unless the Client's withdrawal results from an error in the Product sent, in which case the SELLER will bear the return costs. The Client is expressly informed that the Product concerned must be returned to the SELLER in its original packaging, including the transmitted instructions and/or any accessories.
In the event of the Client exercising the right of withdrawal, all sums paid by the Client will be refunded by the SELLER within fourteen (14) days from the date on which it is informed of the Client's decision to withdraw. This refund may be deferred until the date of recovery of the Products or until the consumer has provided proof of the shipment of these Products. The refund will be made to the Client's bank account directly through the Site by bank transfer or by any other means agreed between the parties.
7. PRODUCT WARRANTY
When acting under the legal warranty of conformity, the consumer has a period of two years from the delivery of the goods to take action; they may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Except for second-hand goods, the consumer is exempt from proving the existence of the lack of conformity during the 24 months following delivery of the goods.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.
The consumer may also decide to invoke the warranty against hidden defects of the item sold, as defined in Article 1641 of the Civil Code. In such cases, the buyer may choose between canceling the sale or obtaining a reduction of the sale price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect to act.
The deferral, suspension, or interruption of the limitation period may not result in the extension of the limitation period beyond twenty years from the date the right arises, in accordance with Article 2232 of the Civil Code.
All Products purchased on the Site benefit from the following legal guarantees, as provided by the Civil Code and the Consumer Code:
7.1. Legal warranty of conformity
According to Articles L.217-4 and following of the Consumer Code, the seller is required to deliver a product that conforms to the contract concluded with the consumer Client and is liable for any lack of conformity existing at the time of delivery of the Product. The conformity warranty may be invoked if a defect exists at the time of receipt of the Product.
However, if the defect appears within 24 months after delivery, it is presumed to have existed at the time of delivery. But, in accordance with Article L.217-7 of the Consumer Code, “the Seller may rebut this presumption if it is not compatible with the nature of the Product or the claimed lack of conformity.” To this end, Crus & Collections may analyze the disputed Product to determine whether the reported defect existed at the time of delivery. After this 24-month period, the Client will need to prove that the defect existed at the time of delivery.
In accordance with Article L.217-9 of the Consumer Code: "in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice results in a manifestly disproportionate cost compared to the other method, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the other method chosen by the buyer."
7.2. Warranty against hidden defects
According to Articles 1641 to 1649 of the Civil Code, the Client may request to invoke the warranty against hidden defects if the defects presented were not apparent at the time of purchase, existed prior to the purchase (and are therefore not due to normal wear and tear, for example), and are serious enough (the defect must either render the Product unfit for its intended use or reduce that use to such an extent that the buyer would not have bought the Product, or would have paid a lower price, had they known of the defect).
Claims and refund requests for a non-conforming Product must be made by mail or email to the addresses provided in the legal notices of the Site. The Client will be reimbursed by bank transfer for the amount of their order. The costs related to the refund process (notably the return shipping costs) will be borne by the SELLER.
8. LIABILITY
Each party assumes responsibility for the consequences resulting from its faults, errors, or omissions that cause direct harm to the other party.
8.1. Client’s responsibility
The Client is solely responsible for the quality, accuracy, relevance, and correctness of the information they provide on the Site for their order. The SELLER cannot be held liable in this respect.
The Client is solely responsible to the SELLER and, where applicable, to third parties, for any direct or indirect damage of any kind caused by information or other publications communicated, transmitted, or disseminated as part of these terms, as well as for any breach of the contractual stipulations.
The Client is also solely responsible for the choice of Products they order through the Site.
All Clients agree not to use the Site in violation of all applicable laws, rules, and regulations.
8.2. SELLER’s responsibility
The SELLER implements all appropriate measures to ensure the provision of quality Products to the Client under optimal conditions. It is fully responsible for the Products it offers and sells via the Site and will handle any claims related to said Products.
However, the SELLER cannot be held responsible for any damages attributable to the Client, to an unforeseeable and insurmountable event by a third party to the contract, or to a case of force majeure.
The SELLER ensures the proper functioning of the Site but cannot guarantee that it is free from anomalies or errors, or that it functions without interruption.
The SELLER cannot be held liable for any malfunction, access impossibility, or service disruptions caused by the Client’s Internet service provider or the Internet network.
9. FORCE MAJEURE
"Force majeure" is defined as any event beyond the control of one of the parties and which could not be reasonably foreseen at the time of conclusion of these GTC. Such an event shall be characterized as soon as the affected party is prevented from properly fulfilling its contractual obligations, despite having implemented appropriate measures to limit its effects.
Neither party shall be held liable to the other for the non-performance or delays in the performance of an obligation under these GTC that are due to the occurrence of a force majeure event, as recognized and defined by French case law.
A force majeure event suspends the obligations arising from these GTC for the entire duration of its existence. During this period, neither party may validly invoke the existence of such force majeure to justify the termination of its contractual relationship. However, if the force majeure event lasts longer than thirty (30) consecutive days, either party may terminate these GTC by right, eight (8) days after sending a registered letter with acknowledgment of receipt notifying this decision.
10. INTELLECTUAL PROPERTY
The Site, including databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of the SELLER or, if applicable, of their respective owners from whom the SELLER has obtained usage rights.
The SELLER remains the owner of all intellectual property rights relating to its registered trademark, as well as all intellectual property and copyright rights relating to any other distinctive sign belonging to it.
Any reproduction and/or representation, downloading, translation, adaptation, exploitation, distribution, dissemination and/or communication, in any form whatsoever, whether commercial or not, of all or part of the trademark and/or any original intellectual work or data contained on the Site is strictly prohibited. The Client also agrees not to engage in any action or act that may directly or indirectly infringe the SELLER’s intellectual property rights.
11. PERSONAL DATA PROTECTION
The Client is informed that creating a personal account on the Site and placing Product orders on the Site leads to the collection and automated processing of personal data by the SELLER. This use is subject to the provisions of Law No. 78-17 of January 6, 1978 on Information Technology, Data Files and Civil Liberties, as amended by Law No. 2016-1321 of October 7, 2016, and the European Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data (hereinafter "GDPR").
The SELLER provides a privacy policy on its Site detailing the use of personal data collected and the Client’s rights regarding these data.
12. COOKIES
The SELLER uses “cookies” to obtain statistical processing and improve the Client’s browsing experience.
The SELLER places a “cookie” on the Client’s computer with their prior consent. The Client may refuse cookies when visiting the Site. These cookies are stored for a period of 13 months.
The SELLER undertakes never to disclose the content of these “cookies” to third parties, except in the event of a legal requisition.
The Client may also block cookies by configuring their browser:
• For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
• For Safari: https://support.apple.com/fr-fr/ht1677
• For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
• For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
13. HYPERLINKS
The Site may include hyperlinks to other websites.
The SELLER cannot be held responsible for the technical availability of websites or mobile applications operated by third parties and accessed via the Site. The SELLER is also not liable for the content, advertising, products, or services available on or through these third-party sites or sources.
If, despite the SELLER’s efforts, any of the hyperlinks on the Site lead to a website or online source whose content is or appears to be non-compliant with French law, the Client agrees to immediately contact the Site’s publishing director (contact information provided in the legal notices) to report the problematic link. The SELLER will then take the necessary steps to remove the hyperlink.
14. APPLICABLE LAW AND JURISDICTION
These GTC are governed by French law.
In case of a dispute arising from these GTC (or any of their clauses) and/or from the relationship between the parties, the consumer Client may bring a claim, at their choice, either before a territorially competent court pursuant to the Code of Civil Procedure or before the court of the place where they resided at the time of contract conclusion or occurrence of the harmful event. The professional Client must bring the claim before the court having jurisdiction over the SELLER’s registered office.
According to Article L.612-1 of the Consumer Code, it is recalled that “any consumer has the right to resort to free mediation to resolve amicably a dispute with a professional. To this end, the professional guarantees the consumer effective access to a consumer mediation scheme.”
Pursuant to Order No. 2015-1033 of August 20, 2015, and Implementing Decree No. 2015-1382 of October 30, 2015, any consumer dispute may be resolved through mediation, subject to Article L.612-2 of the Consumer Code.
It is reminded that mediation is not mandatory but is only proposed to resolve disputes without resorting to the courts.
15. CUSTOMER SERVICE
The customer service of this Site can be reached by email at: mathieu@crusetcollections.com or by postal mail at the address indicated in the legal notices.
CRUS & COLLECTIONS also provides its Clients with a hotline to answer their questions. The telephone support can be reached at 06 31 21 53 26 (non-premium rate number).