1. PURPOSE

 

The purpose of this agreement is to provide the terms and conditions for distance selling and delivery of the products (hereinafter "Products") offered for sale on the Internet site accessible at the address www.goldemotion.com (hereinafter "the Site"), by the company LA BOISSON EN OR (hereinafter "LBO"), a limited liability Company (SARL) with a capital of 85,000 Euros, registered at the DIJON Register of Businesses and Companies under number B 480 169 432, intra-community VAT number FR 11 480 169 436, whose head office is located at 11 Boulevard Clemenceau – 21200 BEAUNE - FRANCE, represented by Mr. Jean-Christophe ROUSSEAU, acting in his capacity as Managing Director.

 

"Client" shall mean herein any person who purchases Products through the Site.

 

The Creation of a Client Account and placement of an order by the Client on the Site imply the Client’s acceptance, without reservation, of these Terms and Conditions of Sale and also of the General Terms and Conditions of Use of the Site.

 

2. PRODUCTS AND THEIR AVAILABILITY

 

1. LBO offers on the Site on-line sales of alcoholic beverages, in particular, wine.

 

2. Each of the listings of Products for sale on the Site establishes a detailed description of the Product concerned.

 

Only the essential properties of the Products (vintage, grapes and their blending proportions, alcohol content, etc.) are mentioned, however, such information being based primarily on data provided by the manufacturers or suppliers of the Products.

In addition to this information, LBO provides the taste profile of each Product.

Photographs and graphics shown and illustrating the Products presented are purely for information purposes, and are therefore not contractually binding.

4. LBO strives to offer Clients the most reliable and highest quality information regarding the Products on sale on the Site, but does not, however, guarantee the accuracy and completeness of such information.

 

Upon receipt of the Products, Clients are urged to review the information attached to the Product or figuring on its packaging.

 

Clients are reminded that they are solely responsible for their choice and use of Products; LBO cannot therefore be held liable for any direct or indirect damages suffered by the Clients or by third parties who use this information as their source.

 

5. Clients should address any questions to LBO's Customer Services at the address specified in Article 12.

 

6. The Products are offered for sale in all countries of the European Union.

 

7. Product offers and prices are valid while they are visible on the Site and in accordance with the availability conditions supplied at the time of ordering.

 

For Products stocked by LBO, the Product offers are available subject to stock availability.

 

For products not stocked by LBO, the corresponding offers are valid subject to availability from LBO's suppliers.

 

8. Should the ordered Product be temporarily or permanently unavailable, Clients may request the cancellation of their order.

 

In this case, LBO shall refund the corresponding amount in accordance with the provisions of Article 9.

 

3. ORDERING

 

3.1 CLIENT REGISTRATION

 

1. Placing an order on the Site is subject to the prior creation of a free Client Account on the Site, and acceptance of these Terms and Conditions of Sale.

 

2. At the time of creating their Client Account, Clients agree to provide accurate and truthful information regarding their situation, to proceed before each new order to a regular check of data relating to them and to make the necessary changes, if any, to their Client Account on-line.

 

LBO particularly draws the Clients' attention to the need for the latter to provide a valid e-mail address and phone number.

 

3. Clients must be a company or an individual aged 16 or over and have the legal capacity to place an order on the Site or, failing that, hold parental permission.

 

4. LBO may at its discretion refuse or invalidate any Client's registration whose information proves to be inaccurate.

 

5. Creating a Client Account requires Clients to select a confidential password, enabling them to access their Client account and place orders on the Site.

 

This password may be changed on-line from their Client Account.

 

This password is personal, confidential and non-assignable; the Client therefore agrees not to disclose it to third parties.

 

All accesses to the Client's Client Account using their password are deemed to have been made by the Client.

 

6. LBO may not be held liable, under any circumstances, for fraudulent or abnormal use of the password and/or of the Client's Client Account; LBO reserves the right to suspend access to the Client Account temporarily in the event that such uses are found.

 

7. LBO also reserves the right to use the Client's password, exclusively where necessary for the purpose of technical maintenance of the Site.

 

Subject to these conditions, LBO guarantees the permanent confidentiality of the Client's password.

 

3.2 ORDERING PROCESS

 

1. Both contractual information and details of the order are shown in a detailed summary before final confirmation of the Order Form.

 

Clients are urged to read carefully the details of their order and to correct any mistakes it might contain before confirming it.

 

2. The confirmation click that comes at the end of the order process of any Product offered on the Site formalises the confirmation of the order and represents an irrevocable acceptance of these Terms and Conditions of Sale.

 

This confirmation click represents the final consent to contract with LBO for the selected Products, subject to the right of retraction, available only to retail Clients, as described in Article 5 hereof.

 

The confirmation click constitutes an electronic signature. It is expressly agreed between the parties that this electronic signature has, between them, the same value as a handwritten signature.

 

3. After confirming their order on the Site, Clients shall receive an acknowledgement of receipt by e-mail from LBO, listing the elements thereof, provided the e-mail address entered when creating the Client Account is valid and contains no error.

 

This E-mail shall constitute acceptance by LBO of their order and thus form the contract of sale between the Client and LBO.

 

It shall contain all the elements of the contract between the Client and LBO (Products ordered, tariffs, prices, time and place of delivery or of making available, shipping method and costs, etc.)

 

4. LBO reserves the right not to confirm an order for any reason whatsoever, relating in particular either to a Product availability problem, or to a dispute over payment of a previous order.

 

3.3 PROOF OF ORDER

The computerised records stored under reasonable safety conditions in the computer systems of LBO or of its subcontractors, shall be considered proof of communications, orders and payments made between the Client and LBO.

 

Archiving of Purchase Orders, Order Confirmations and Invoices is made on a reliable and durable medium that can be produced as proof.

 

4. FINANCIAL CONDITIONS

 

4.1 PRICE

 

1. Product prices are displayed on the site in Euros including all taxes, including the eco-tax contribution for electrical Products, excluding packaging and transport costs; they apply to all Clients requiring delivery in a member country of the European Union.

 

2. The prices of the Products selected by the Client shall appear in the order summary completed by the Client, including all French taxes and shall include packaging, transportation and other costs of processing the order.

 

3. LBO reserves the right to change prices at any time, but Products shall be invoiced on the basis of the prices in effect at the time of order entry, subject to their availability at that date.

 

4. If any of the Products offered for sale on the Site contains a pricing error, the price shall in all cases be verified when sending the confirmation E-mail mentioned in Article 3.2.3, and corrected if necessary.

 

5. If the corrected price is lower than the price displayed on the Site, LBO shall apply the lower price and refund the difference as specified in Article 9. If the corrected price is higher than the price displayed on the Site, LBO shall inform the Client and cancel the order, unless the Client accepts the order at the new price by confirming said acceptance by e-mail sent to Customer Services. In this case, the Client shall be asked to pay the difference between the amount already paid and the amount finally owed, under terms which shall be communicated by LBO.

 

4.2 PAYMENT

 

Orders are payable in Euros only.

 

Payment of orders may be made as follows:

 

- either on-line, on the Site, on the PAYPAL Site, by bank card, through the PAYPAL Service or through the Client's PAYPAL Account if they have already signed up to PAYPAL.

LBO shall be solely responsible for the cost of payments made via the PAYPAL Service, which does not require the prior opening of a PAYPAL account by the Client.

The following bank cards are accepted: Carte Bleue, Visa, MasterCard, Amex and private card.
PAYPAL shall debit the Subscriber's bank card when their on-line payment is confirmed.

 

- or by bank transfer

 

Clients may download LBO's RIB (Bank account identifier document) and then transfer the amount of their order to LBO's bank account, which order, for the avoidance of doubt, shall only be dispatched once the corresponding amount has effectively been credited.

 

The order shall be cancelled if the Client has not made the transfer after a period of one week, starting from the time the order confirmation e-mail was sent.

 

4.3 INVOICE

 

If the billing address is identical to the shipping address, an invoice to the Client's name and address shall be attached to the package containing the Product(s) ordered.

 

Otherwise it shall be sent separately to the billing address.

 

5. RETRACTION

 

1. In accordance with European and national regulations, individual Clients, excluding companies, benefit from a retraction period of seven (7) working days after the delivery of the Products ordered to return said Products to LBO without having to provide any justification.

 

If this period ends on a Saturday, Sunday or public holiday, it shall be extended until the next business day.

 

2. Clients wishing to retract must send either a registered letter or an e-mail to Customer Services (see Article 12) before the end of this seven- (7- ) day period, the postmark constituting proof.

 

3. The retraction shall be taken into account only after the Client receives an e-mail confirming the registration of their request for return of order and explaining the procedure for returning the Product.

 

 

4. Clients' exercise of their right of retraction shall only be accepted by LBO for unopened Products, i.e. that have not been uncorked and are in perfect condition.

 

Products returned uncorked, spoilt, damaged or soiled by the Client shall not be accepted.

 

5. This right of retraction bears no penalty except for return shipping costs, which shall be borne by the Client.

 

6. The amount of the order will be refunded to the Client in accordance with the provisions of Article 9 hereof.

 

7. Any request for return reaching LBO beyond the retraction period of seven (7) days, for any reason whatsoever, shall not be accepted.

 

In particular, the following reasons shall not be taken into account:

 

Inability to contact customer service by phone (since the Client can send a letter or an e-mail to the address specified in Article 12);

Client's absence during the 7-day period following receipt of the order by a third party;

Product offered by the Client after the 7-day period following receipt of the order.

 

6. SHIPPING

 

6.1 Place of Delivery

 

1. Products are shipped exclusively within the territory of member countries of the European Union.

 

2. Products are delivered to the shipping address provided by the Client during the ordering process, and also shown in the order confirmation e-mail referred to in Article 3.2.3. In case of error in the Client's contact details (including last name, first name, number and street name, postcode, telephone number or e-mail address, etc.), LBO cannot be held liable for failure to deliver or late delivery.

 

6.2 Shipping methods

 

1. Shipping methods vary depending on the delivery location, and the choices made by the Client on the Order Form.

 

Details of LBO's available shipping methods and delivery times are shown in the Delivery section.

2. Shipping rates always include insurance of the package against loss of or damage caused to the shipped Product(s), excluding consequential losses, losses due to delay and consequential damages (loss of use, etc.)

 

6.3 Delivery times

 

1. LBO shall indicate the delivery period to the Client on the Product presentation page, on the Order Form and in the confirmation E-mail referred to under Article 3.2.3.

 

This period starts from the date of actual clearing of the payment.

 

In the case of a delay of more than seven (7) days from the announced date of delivery, the order shall be cancelled and refunded to the Client in accordance with the conditions stipulated in Article 9, beginning from the date of acceptance of the proposal made to the Client, unless the Client requests the order to be maintained.

 

2. Products shall be shipped within an average of one to two working days of sending the confirmation E-mail mentioned in Article 3.1.3, to which should be added the carrier's delivery time, ranging on average from one to two working days.

 

LBO cannot be held liable for any consequences of any delay in delivery of ordered Products.

 

3. If the Client is absent at the time of delivery, and the Client does not collect the Product(s) within the time allowed by the carrier, the Product(s) shall be returned to LBO who will reimburse the price to the Client, after deducting the shipping, including return, and packaging charges, in accordance with the provisions of Article 9, except if the Client requests the Order to be shipped again at their expense.

 

7. WARRANTIES

 

7.1 COMPLIANCE AND OBVIOUS DEFECTS

 

1. To avoid any inconvenience to the Client, LBO checks before shipping that the Products comply with the order.

 

2. LBO agrees to refund or exchange Products that do not meet the requirements specified on the Order Form, that have been altered, or that have an obvious defect.

 

3. The Client is requested in this case to notify the carrier of any reservations concerning the Product delivered (e.g.: damaged packaging, already opened, or Product(s) do(es) not match the order, etc.)

 

The Client shall be required to describe in detail such non-compliance or obvious defects of the Product(s) by e-mail sent to Customer Services within two (2) working days of receipt of the package.

 

No claim made after this deadline shall be accepted except under the hidden defects warranty, the claim in this case to be made in accordance with the provisions of Article 7.3 hereof.

 

4. LBO shall then send a letter to the Client confirming their acceptance of the Product(s) return, and, if applicable, a return number that must be displayed on the package when returning the non-conforming or defective Product.

 

5. Products must be returned unopened, i.e. not uncorked, and in perfect condition.

 

Products returned uncorked, spoilt, damaged or soiled by the Client shall not be accepted.

 

6. For any return accepted by LBO, in the case of an obvious defect or non-compliance of the Products delivered, which shall be ascertained by LBO, said Product(s) shall be replaced at no charge or refunded to the Client in accordance with the provisions of Article 9 of these Terms and Conditions of Sale, any other compensation and interest being explicitly excluded.

 

7. In the case of either a Product refund or a replacement request accepted by LBO, shipping and return costs for said Product(s) shall be refunded on the basis of the invoiced tariff.

 

7.2 HIDDEN DEFECTS

 

1. LBO is obliged to guarantee in respect of hidden defects, within the meaning of section 1641 of the French Civil Code which states: "A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them".

 

2. The claim must be made as soon as possible after the discovery of the said defect by the Client.

 

3. To allow LBO to evaluate the Products themselves, the Client is requested to place same at their disposal according to the arrangements that will be communicated to them; for the avoidance of doubt, LBO shall organise their removal at their expense.

 

4. If the Client does not want a free replacement or repair of the Product, a refund shall be issued in accordance with the conditions stipulated in Article 9.

 

5. To qualify for the products warranty, the Client must retain the purchase invoice sent by LBO with the Product(s).

 

8. RETENTION OF OWNERSHIP

 

By express agreement, LBO shall retain ownership of the Products supplied until their full payment under the terms of French Law No. 80 336 dated 1st May 1980, relating to the retention of ownership.

This provision does not preclude the transfer to the Client of risks linked to the sold Products upon shipment of Products.

 

9. REFUNDS

 

1. Refunds for Products in the cases referred to in Articles 2, 4.1, 5, 7.1 and 7.3 shall be made within a period shorter than or equal to 30 days after receipt of the Products by the Client.

 

2. At LBO's discretion, the refund shall be made by crediting the Client's bank account.

 

10. LIABILITY

 

1. The Products proposed comply with current EU legislation and standards applicable in France.

 

2. LBO cannot be held liable for breach of contract, in cases of Force Majeure or unforeseeable circumstances, disruption or general or partial strike of postal services and transport and / or communications in particular, caused by the other party or a third party or external causes such as social conflicts, disruption or total or partial strike, in particular of postal services and transport and / or communications intervention by civil or military authorities, natural disasters, fires, water damage, malfunction or interruption of the telecommunication network or of the electrical grid.

 

3. The Client is solely responsible for the choice and use of the Products.

 

11. INTELLECTUAL PROPERTY

 

1. All visuals and photographs shown on the Site, in particular those representing and illustrating the Products, are protected de facto by copyright and all other intellectual property rights and belong to LBO or to third parties having authorised LBO to exploit them.

 

Any reproduction or representation of any kind whatsoever, without authorisation, of a visual or photograph shown on the Site constitutes an infringement of copyright and will be prosecuted.

 

2. Similarly, all other data of any kind on the Site, in particular text, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software and Site characteristics, are protected de facto by copyright law, trademark law and all other intellectual property rights and belong to LBO or to third parties having authorised LBO to exploit them.

 

LBO hereby grants to the Client a private, non-collective and non-exclusive usage right to such data.

 

4. The Client undertakes under these conditions not to reproduce, summarize, modify, alter or redistribute without the express prior authorisation of LBO, any text, title, application, software, logo, image, graphics chart, trademark, information or illustration whatsoever for any purpose other than strictly private use.

 

5. "LUXOR" and "COTE OR" are registered trademarks, which LBO is licensed to use. The User agrees not to make any use of these trademarks and not to impair their image in any way whatsoever.

 

12. CUSTOMER SERVICES

 

For information or questions, Customer Services are available to Clients:

preferably by e-mail via our contact form

by mail to the following address: LA BOISSON EN OR - Service Consommateurs – 11 Boulevard Clemenceau - 21200 BEAUNE – FRANCE

Phone +33 (0) 3 80 26 98 75: Monday to Friday from 9am to 12pm and 1pm to 5pm

Fax. +33 (0) 3 80 26 93 62

 

13.PROTECTION OF MINORS

 

Pursuant to Article L. 3342-1 of the French Public Health Code which states that the sale of alcohol to minors under sixteen (16) years of age is prohibited, the Client commits, in filling the order form, to be sixteen (16) years of age at the date of the order by ticking the appropriate box when creating their Client Account.

 

14. PERSONAL DATA

 

1. In accordance with French Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, and the decision of the CNIL (Commission Nationale Informatique et Liberté - the French Data Protection Authority) of 10 July 2006 replacing the requirement to declare websites by the procedure of declaring the processes associated with said site, LBO has declared its client/prospect file to the CNIL.

 

2. Clients have, in accordance with the Law of 6 January 1978, the right to access data concerning them, and the right to modify, correct or delete such data.

 

3. All they need do to exercise this right, is to log in to their Client Account, or send an e-mail or letter to the contact details listed in Article 12 hereof.

 

4. Personal data about Clients, collected directly through the forms and indirectly during their navigation towards and on the Site, and all future information, are intended only for exclusive use of LBO, as part of the implementation of services offered to Clients on the Site, and for the compilation of statistics for internal use, and shall not be communicated or transferred to third parties, other than to technical service providers responsible for managing the Site, who are required to respect the confidentiality of the information and to use it only for the specific operation which they must perform.

5. Clients are informed that the operation of the Site implies that LBO needs to stores a "cookie" on their computer while they are browsing the Site, i.e. a file saved on their computers' hard drive, that allows Clients to be automatically identified during subsequent connections to the Site, and facilitates their navigation thereon, as well as the use of the services offered thereon.

This cookie is retained on the Client's computer for a period of six (6) months, after which, a new cookie will be automatically placed on the Client's computer if the Client connects again to the Site.

Clients have the option of rejecting or destroying cookies; it should be noted that this will make it difficult or impossible for them to use the Site.

 

For Mozilla Firefox:

1.Select the "Tools" menu then "Options"

2.Click the "Privacy" icon

3.Locate the "Cookies" menu and select the options that suit you

For Microsoft Internet Explorer:

1.Select the "Tools" menu then "Internet Options". 

2.Click the "Privacy" tab

Select the desired level using the cursor

 

6. Clients' data will also be used to customize and enhance communication with them, in particular in the newsletters to which they may have subscribed.

 

15. MISCELLANEOUS

 

1. These conditions, as well as those contained in the order confirmation e-mail referred to in Article 3.2.3, represent all the obligations of both the Client and of LBO.

 

LBO reserves the right to change these terms unilaterally; the conditions applicable are those in effect on the Site at the date the Client places their order. The Client is therefore advised to regularly refer to the latest version of the Terms and Conditions of Sale permanently available by clicking on the "Terms and Conditions of Sale" link of the Site.

 

2. In the event that any provision of these Terms and Conditions shall be considered null by a competent court or body, in regard to any current or future law or regulation or to the final decision of a court, this provision of the contract shall be deemed not written and all other provisions hereof shall remain in full force and effect between the parties.

 

3. The fact that either party chooses not to enforce at a given moment any provision hereof can under no circumstance be considered a waiver by that party of its rights under this agreement.

 

16. APPLICABLE LAW - LITIGATION

 

1. These Terms and Conditions of Sale are subject to French law, and only the French language version shall have probative force with respect to their interpretation.

 

2. Any dispute arising from the execution or interpretation of the provisions of this contract requires the parties to come together and to try and find an amicable solution to their dispute, before applying to the competent court.

 

IN CASE OF FAILURE, AND WHERE THE USER IS A COMPANY, THE ISSUE SHALL BE BROUGHT BEFORE THE COMMERCIAL COURT OF DIJON, NOTWITHSTANDING A PLURALITY OF DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES.