Terms & Conditions

Legal information

In accordance with Article L.3342-1 of the Public French Health Code and Law No. 2009-879 of July 21, 2009, the sale of alcohol to minors is prohibited. Anyone placing an order on the website www.burgundydeli.com therefore undertakes to have the legal capacity and the legal age required (18 years old or legal age from your living country) at the date of the order and / or the subscription.

ALCOHOL ABUSE IS DANGEROUS FOR HEALTH. CONSUME BETTER WITH MODERATION

 

 Legal Notice & Terms and Conditions

These terms and conditions of sale are concluded on the one hand by the company Burgundy Deli, publisher of the site www.burgundydeli.com, identified in the RCS of DIJON under number 838 366 078, referred to as “the seller », with a share capital of 3000 € whose head office is located at:” Le Paradis, 1 chemin de St Jean de Boeuf, 21360 ANTHEUIL “, and managing the site www.burgundydeli.com and, in other by any natural person, referred to as “the customer or buyer”, wishing to make a purchase via the website www.burgundydeli.com.

Burgundy Deli has set up a wine e-commerce service available on the internet.

Access and use of these Services are governed by these Terms and Conditions, of which only the French version is authentic. Visitors, Registrants and Customers have the option to save and print them.

Article 1: object

These Terms of Sale are intended to define the contractual relationship between Burgundy Deli and the buyer and the conditions applicable to any purchase made through the website www.burgundydeli.com. The acquisition of a product through the present site implies an unconditional acceptance by the buyer of these conditions of sale which the buyer acknowledges having read prior to his order. Before any transaction, our offers are exclusively reserved for private customers. The buyer declares having the full legal capacity to engage under these terms and conditions of sale to make the purchase of products on the website.

In the event that the Customer wishes to benefit to a third party all or part of the products and services of the company Burgundy Deli, it declares and guarantees that third party is of age and respect the obligations under these Terms of Sale.

The Burgundy Deli company retains the possibility of modifying at any time these conditions of sale, in order to respect any new regulation or in order to improve the use of its site. Therefore, the conditions applicable will be those in force on the date of the order by the buyer.

Article 2. Products

The products offered are those listed on the site of Burgundy Deli within the limits of available stocks. Burgundy Deli reserves the right to modify the product assortment at any time. Each product is presented on the website as a description of its main technical characteristics (capacity, use, composition …). The photographs are as faithful as possible but do not engage the Seller. The sale of the products presented in the website is intended for all buyers resident in countries that fully authorize the entry into their territory of these products.

Article 3. Fees

The prices appearing on the product sheets of the Internet catalog and are prices in Euros (€) and the VAT is applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Burgundy Deli reserves the right to change prices at any time, however, the price listed on the site on the day of the order will be the only applicable to the buyer. The prices indicated do not include the delivery costs, invoiced in addition to the price of the products bought according to the total amount of the order.

Article 4. Order and payment terms

The order terms are as follows:

• Choice of items and addition to the basket

• Validation of the contents of the basket

• Identification on the website and registration on the identification sheet on which it will indicate all the requested details

• Choice of payment method and acceptance of the T&Cs

• Payment validation

The payment of the goods is carried out entirely with the order:

– by credit card like Carte Bleue, Visa, Eurocard Mastercard, American Express (increase to be envisaged), or by system PayPal.

In case of fraud of this one, the purchaser will be able to demand the cancellation of the payment by card, the sums paid will be then credited or returned. The responsibility of the holder of a credit card is not engaged if the disputed payment has been proven fraudulently done, remotely, without physical use of his card. In order to obtain the reimbursement of the fraudulent debit and any bank charges that the transaction may have incurred, the cardholder must challenge, in writing, the withdrawal from his bank, within 70 days of the transaction, or even 120 days if the contract linking it to it provides for it. The amounts collected are reimbursed by the bank within a maximum of one month after receipt of the written dispute formed by the holder. No costs of restitution of the sums can not be charged to the holder.

The confirmation of an order implies acceptance of these conditions of sale, the recognition of having perfect knowledge and the waiver to avail of its own terms of purchase. All data provided and the recorded confirmation will be worth proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, Burgundy Deli will send him an e-mail confirming the registration of his order.

If the buyer wishes to contact Burgundy Deli, he can do so either by mail to the following address: Burgundy Deli, “Le Paradis”, 1 road of St Jean de Boeuf, 21360 ANTHEUIL; either by email at the following address: info@burgundydeli.com.

Article 5. Retention of product property

Burgundy Deli retains full ownership of the products sold until full payment of the price, in principal, fees and taxes included.

Article 6. Retraction

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty, to end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fifteen (15) days of the notification to the Seller of the Customer’s decision to withdraw.

Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the invoice.

Damaged, soiled or incomplete products returned are not taken back.

The declaration of the right of withdrawal can be made to info@burgundydeli.com, without ambiguity, expressing the will of the Customer to retract.

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer.

The exchange (subject to availability) or refund will be made within fourteen (14) days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided for in this article.

(see example of withdrawal form at the bottom of the page)

Article 7. Delivery

Burgundy Deli is committed to making every effort to deliver the products in the fastest time possible.

At the end of the order period for wine boxes, average delivery times vary from 3 to 30 days depending on the package preparation and the destination chosen by the customer.

Burgundy Deli’s partner carrier is UPS.

The delivery information indicated by the customer commits it. In case of error or lack of information leading to a default or no delivery, Burgundy Deli can not be held responsible. In case of return for incomplete address, the customer will have the possibility either to change his address and to be reshipped the goods by supporting the new return costs, or to be reimbursed the order deduction of initial shipping costs. Delivery time overruns can not give rise to damages, deductions or cancellation of the current order. Delivery is made by direct delivery to the addressee at the address indicated by the customer or, in case of absence, by notice of availability. The carrier, UPS, delivers to the consignee or to any other person appearing to be authorized to accept delivery of the shipment on behalf of the consignee (such as a person in the same premises as the consignee). In the case where such a person is not available, the package can be delivered to a neighbor.

The recipient will be informed of any alternative delivery modality (or redirection to a UPS relay by an information note).

During transport, our wines are insured. The service provider is obliged to give you your order against signature. Upon receipt of the products, it is the recipient’s responsibility to check the package (s) and its contents. Do not hesitate to refuse the package, if it presents the least anomaly. Otherwise, make reservations on your delivery note (see UPS General Conditions of Carriage).

After a written complaint, by registered letter with acknowledgment of receipt, the customer reporting a delay and if the products have not arrived more than a month, the sale can be resolved at the initiative of one or other of the parties. The customer will then return his payment to the exclusion of any other compensation, damages or interest, no later than within one month.

Unless otherwise stated, the shipping costs are always the responsibility of the customer.

The goods are insured by us during their transport and travel at our own risk.

Article 8. Warranty

The Products sold on the website comply with the regulations in force in France and have performance compatible with non-professional uses.

The Products supplied by the Seller are automatically entitled to and without additional payment, irrespective of the right of withdrawal, in accordance with the legal provisions,

• the legal guarantee of conformity, for packaging Products apparently defective, damaged or damaged or not corresponding to the order

• the legal guarantee against hidden defects resulting from defects in material, design or workmanship affecting the delivered products and rendering them unfit for use. However, this warranty does not cover fortuitous events and in particular the degradation of the Product due to transport or related to improper storage conditions (temperature, humidity, exposure to light). In addition, no return will be accepted for subjective reasons of nonconformity.

In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of fifteen (15) days from the delivery of the Products or the existence of hidden defects in a maximum period of fifteen (15) days from their discovery.

The Seller will refund or replace the Products under warranty deemed non-compliant or defective. In case of deterioration of the ordered Products which would be followed by a shortage of stock, the Seller will propose to the buyer a product of equal or superior quality without the conditions of the sale being affected (in particular in terms of price) .

Beyond this period, the Seller will not be able to guarantee the Products since no control over the quality of the storage place (essential element of the conservation of the Product) can be carried out, except that the Customer can provide the proof that the alteration of the Product is prior to the sale. As the Seller can not evaluate the Products himself and as regards subjective notions (taste), the Products can not be refunded or exchanged.

Refunds of Products found to be non-compliant or defective will be made as soon as possible and at the latest within eight (8) days following the finding by the Seller of the lack of conformity or the hidden defect.

The refund will be made by credit on the Customer’s bank account.

The Seller’s liability can not be incurred in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer’s responsibility to check,

• in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in case of normal wear 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.

The Seller accepts no responsibility for malfunctions, technical failures or problems accessing the website, for whatever reason, duration or frequency.

Article 9. Intellectual property

All elements of the site www.burgundydeli.com are and remain the property of Burgundy Deli except those of its partners (BIVB, Ups, …). These are protected by French and international laws relating to intellectual property. Nobody is allowed to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text. The Customer therefore prohibits any reproduction or exploitation of such studies, drawings, models and prototypes, etc., without the express written permission of the Seller, which may condition it to a financial counterparty.

Article 10. Liability

Burgundy Deli warrants to the Customer the proper execution of the Order placed by the Customer

However, Burgundy Deli can not be responsible for:

– In case of non-compliance by the Customer with the terms of these Terms and Conditions of Sale;

– For any indirect and / or intangible damage, including in particular the bodily injury suffered as a result of the Order, the use of the Products or the loss of reputation that may occur when using all or part of the Products .

Burgundy Deli can not be held responsible for any malfunction of any kind whatsoever relating to the computer equipment of the Visitor / Subscriber / Customer and its Internet access connection, when accessing the Site.

Burgundy Deli can not be held responsible for the non-performance of the contract in case of occurrence of a force majeure event, as defined by Article 1240 of the french Civil Code.

In addition, the Website may contain hypertext links as well as visuals for websites of its partners. Burgundy Deli can not be responsible for the technical availability of websites operated by third parties and the contents of such third-party websites, nor guarantees their accuracy, validity, quality or integrity, especially in the framework of transactions made directly between the Visitor / Registrant / Customer and a third party reseller or independent provider.

Article 11. Personal data

Burgundy Deli undertakes to preserve the confidentiality of the information provided by the buyer, which he would have to transmit for the use of certain services. In particular, it is recalled that the personal data that is requested from the Customer are necessary for the processing of his order and the preparation of invoices. All information concerning him is subject to the provisions of Law No. 78-17 of 6 January 1978. As such, the user has a right to access, modify and delete information about him. He can make the request at any time by email to: info@burgundydeli.com or by mail.

The processing of information communicated through the website has been declared to the CNIL (french National Commission for Informatics and Liberties) under number 2179187v0

Article 12. Dispute Resolution

These conditions of distance selling are subject to French law. In case of dispute, an amicable solution will always be preferred. For all disputes or litigation, the competent court will be that of Dijon.

 

* RETRACTATION FORM

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of

Burgundy Deli

“The Paradise”, 1 road of St Jean de Boeuf, 21360 ANTHEUIL

Email: burgundydeli@protonmail.com

I / We (*) notify you (*) hereby (*) my / our (*) withdrawal from the contract for the sale of the property (*) below:

– Order number :

– Ordered on:

– Received on:

– Name of the consumer (s):

– Address of the consumer (s)

If your request concerns only part of your order, please specify the product (s) object (s) of your withdrawal and their quantity:

• Product # 1:

• Product n ° 2:

• Etc …

Date:

Signature:

(*) Delete the mention useless