ARTICLE 1 – Scope
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by WINE BROTHER (‘the Seller’) with private buyers (‘the Customers or the Customer’) wishing to purchase the products offered for sale by the Seller (‘the Products’) on the WINE BROTHER website. They specify, in particular, the conditions for ordering, payment, delivery and management of any returns of products ordered by Customers. The Products offered for sale on the WINE BROTHER website are as follows:
– wines, sparkling wines, champagnes, spirits.
The main characteristics of the products, including specifications, illustrations and indications of dimensions or capacity, are presented on the WINE BROTHER website.
The Customer is required to read these before placing an order.
The choice and purchase of a product is the sole responsibility of the Customer.
The photographs and graphics presented on the WINE BROTHER website are not contractual and do not engage the Seller’s responsibility.
The Customer is required to refer to the description of each product in order to ascertain its essential properties and characteristics.
Product offers are subject to availability, as specified at the time of ordering.
The Seller’s contact details are as follows:
WINE BROTHER
28 Route de Capellen
L-8279 HOLZEM
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
These General Terms and Conditions of Sale are available at any time on the WINE BROTHER website and shall prevail, where applicable, over any other version or any other contradictory document, and the Customer undertakes to comply with them.
The Customer declares that they have read and accepted these General Terms and Conditions of Sale by ticking the box provided for this purpose before placing an order online, as well as the general terms and conditions of use of the WINE BROTHER website.
As these General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website on the date of the order.
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Products presented on the WINE BROTHER website are offered for sale in the following territories:
Luxembourg.
For orders to countries other than Luxembourg, the Customer is required to collect their order from the point of sale (office).
Any changes to these General Terms and Conditions of Sale are binding on users of the WINE BROTHER website as soon as they are posted online and cannot be applied to transactions concluded prior to this date.
Confirmation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges that they are over 18 years of age and have the capacity to enter into contracts and purchase the Products offered on the WINE BROTHER website.
ARTICLE 2 – Orders
It is the Customer’s responsibility to select the Products they wish to order on the WINE BROTHER website.
Product offers are valid as long as they are visible on the site, within the limits of available stock.
The sale shall only be considered final after the Seller has sent the Buyer confirmation of acceptance of the order by email.
It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the WINE BROTHER website constitutes the formation of a distance contract between the Customer and the Seller.
The Customer may track the progress of their order on the WINE BROTHER website.
No orders for less than
£50 will be accepted.
Any changes to the order made by the Customer can only be taken into account by the Seller within the limits of its capabilities and provided that they are notified in writing to WINE BROTHER at least two days before the scheduled date of dispatch of the order.
In the event that these changes cannot be accepted by the Seller, the sums paid by the Customer shall not be refunded.
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In the event of cancellation of the order by the Customer after its acceptance by the Seller less than two days before the date scheduled for delivery of the Products ordered, for any reason other than force majeure, a sum corresponding to the purchase price shall be payable to the Seller and invoiced to the Customer as damages in compensation for the loss suffered.
ARTICLE 3 – Prices
The Products are supplied at the prices in force on the WINE BROTHER website at the time the order is registered by the Seller. Prices are expressed in Euros, excluding VAT and including VAT.
Prices take into account any discounts that may be granted by the Seller on the WINE BROTHER website.
These prices are firm and non-revisable during their period of validity, as indicated on the WINE BROTHER website. The Seller reserves the right to modify prices at any time outside this period of validity. They do not include processing, shipping, transport and delivery costs, which are charged as extras, under the conditions indicated on the WINE BROTHER website and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 4 – Terms of payment
The price is payable in full and in a single payment upon delivery, as defined in the ‘Deliveries’ section below, as specified on the invoice sent to the Customer by secure payment, bank transfer or cheque payment on invoice.
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Payments made by the Customer shall only be considered final after the Seller has actually received the sums due.
Furthermore, in the event of non-compliance with the above payment terms, the Seller reserves the right to suspend or cancel the delivery of any orders currently being processed by the Customer.
No additional costs, exceeding the costs incurred by the Seller for the use of a means of payment, may be charged to the Customer.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in Luxembourg to the address indicated by the Customer when placing their order on the WINE BROTHER website. Orders can also be collected from the Holzem office if no delivery address in Luxembourg is indicated.
Delivery consists of the transfer of physical possession or control of the Product to the Customer.
Except in special cases or if one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Seller undertakes to make every effort to deliver the products ordered by the Customer within the timeframes specified above. However, these timeframes are provided for information purposes only. WINE BROTHER shall therefore not be liable for delivery delays that do not exceed a reasonable period.
Deliveries are made by the technical manager of WINE BROTHER to the address provided by the Customer when placing the order and to which they have easy access.
The products are delivered at the Customer’s risk from the moment they leave the premises, even if the transfer of ownership is deferred. All costs and accessories relating to packaging, shipping, insurance and reception will be invoiced in addition.
In the event of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Customer.
The Customer is required to check the condition of the products delivered. The Customer has one month from delivery to make any complaints regarding non-compliance or apparent defects in the Products delivered, providing all relevant supporting documents (including photographs). After this period, and if these formalities have not been complied with, the Products will be deemed to be compliant and free from any apparent defects, and no complaints will be validly accepted by the Seller.
Any new and unused product, any defective product, returned by the Customer within one month of receipt, for exchange or credit note, will lose 20% of its value. The equipment must be returned to WINE BROTHER carriage paid, to the address indicated by WINE BROTHER, in its original packaging, with all accessories included and in perfect condition. If the original packaging is damaged and accessories are missing, the equipment will not be taken back or exchanged.
ARTICLE 6 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller’s Products shall take place upon acceptance of the order by the Seller, confirming the agreement between the parties on the item and the price, regardless of the date of payment and delivery.
Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and damage relating thereto shall take place upon delivery of the Products.
ARTICLE 7 – Seller’s liability – Warranty
The Products sold on the WINE BROTHERS website comply with the regulations in force in Luxembourg and are suitable for non-professional use.
The Products supplied by the Seller are automatically covered, without additional payment, in accordance with the legal provisions, by
– the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order,
– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,
under the terms and conditions set out in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity/Guarantee against Hidden Defects).
In order to assert their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum period of one month from the delivery of the Products or of the existence of hidden defects within a maximum period of one month from their discovery.
Any other claim of any kind whatsoever is excluded.
The Seller shall not be held liable in the following cases:
– failure to comply with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to verify,
– in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any event, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 8 – Intellectual property
The content of the WINE BROTHER website is the property of the Seller and its partners and is protected by Luxembourg and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, prototypes, etc., produced (even at the Customer’s request) for the purpose of providing the Services to the Customer. The Customer therefore undertakes not to reproduce or exploit the said studies, drawings, models and prototypes, etc., without the express prior written authorisation of the Seller, which may make such authorisation conditional upon financial compensation.
ARTICLE 9 – Automatic termination
Without prejudice to WINE BROTHER’s right to repossess the Products, the sale of the Products may not be terminated or cancelled by operation of law at the sole discretion of WINE BROTHER in the event of non-payment by the Customer, on the due date, of all or part of the invoiced price and/or the related VAT. In the above case, the cancellation shall take effect immediately by simple notification and without the need for any formal notice or legal or other proceedings, upon dispatch of the fax or registered letter with acknowledgement of receipt, and WINE BROTHER shall be entitled to take back possession of the Products covered by the cancelled sale, without prejudice to any damages.
ARTICLE 10 – Applicable law – Language
Luxembourg law is solely applicable. Any disputes relating to the interpretation, conclusion or execution of these general terms and conditions of sale and other agreements between the Customer and the Seller that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Commercial Court of Luxembourg in Luxembourg.
These General Terms and Conditions of Sale and the transactions arising therefrom are governed by and subject to Luxembourg law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 11 – Liability – Penalties for non-performance
WINE BROTHER shall not be held liable for any bodily injury or material damage caused by the products it sells. In the event of a manufacturing defect, only the brand or manufacturer may be held liable.
Penalties for non-performance
Non-performance by the seller: In the event of total or partial non-performance by the Seller of its obligations, the Seller’s liability shall be limited to the direct damage (excluding loss of earnings and operating losses) suffered by the Customer as a result of such non-performance.
ARTICLE 12 – Disputes
Any disputes arising from purchase and sale transactions concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and repercussions, which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.
ARTICLE 13 – Pre-contractual information – Customer acceptance
The Customer acknowledges having been informed, prior to placing their order, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all information and details concerning the sale, and in particular:
the essential characteristics of the Product, taking into account the communication medium used and the Product concerned
the price of the Products and related costs (e.g. delivery)
in the absence of immediate performance of the contract, the date or deadline by which the Seller undertakes to deliver the Product
information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if these are not apparent from the context
information relating to legal and contractual guarantees and the terms and conditions for their implementation;
By placing an order on the WINE BROTHER website, individuals fully and unreservedly agree to and accept these General Terms and Conditions of Sale, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Seller.
CONTACT WINE BROTHER:
Need information about payments?
Please do not hesitate to contact us.
Email: winebrother@outlook.fr
Tel: +352 661 65 05 06