Article 1: Preamble
These general sales conditions apply exclusively between BIGSHOP S.P.Z.O, 06400 Cannes (France) and any person visiting or making a purchase on the website www.tourdewine.fr.
Anyone wishing to make a purchase on the TOUR DE WINE site declares being informed of these general sales conditions. Although these conditions may change, the applicable conditions are those in effect on the Site at the date of the order.
Article 2: Contract
2.1 Order Placement Conditions
In accordance with the law of October 26, 1982, concerning sobriety education and the fight against alcoholism, you agree to be at least 18 years old at the time of placing your order. You also declare having the legal capacity required to place an order on the Site.
2.2 Order Confirmation
Once we receive your order, we will send you a confirmation by e-mail.
Article 3: Price, Availability and Delivery
3.1 Price
The prices displayed on the Site are presented in euros, excluding shipping and other applicable fees (transport insurance, etc.). The VAT at the rate in effect on the date of your visit is included in the displayed sale prices bearing the mention “VAT included.” If the product price you choose is indicated “excluding VAT,” the VAT is not included in the price but remains nevertheless due, unless exempted.
3.2 Availability
In the case where you choose to pay by check, your order will be reserved for seven calendar days. You agree to send us your payment by check as soon as possible. We will validate your order upon receipt of your payment, provided we receive this payment within the seven calendar days. If this deadline is exceeded, your order will remain valid if the selected products are still available. If not, we will contact you to agree on how you wish to proceed with your order, i.e., partial retention, modification, or cancellation.
All orders are accepted subject to stock availability. We will inform you of the availability of the items sold on the Site on each item’s detailed information page.
Despite all our efforts, an error may occur regarding the availability or pricing of a limited number among the thousands of items available on our Site. If, despite these efforts, the items you have ordered are unavailable, we will inform you by e-mail as soon as possible to arrange how you wish to proceed with your order, i.e., partial retention, modification, or cancellation.
If, despite our efforts, there is a pricing error regarding the items you have ordered, rest assured that all prices will be checked at the time of dispatching the items. If the revised price is higher than the price displayed on the Site, we will inform you in advance and cancel your order unless you choose to accept the order at the new price.
Please note that any payment by credit card will be debited at the time your order is validated. Thus, if an item is no longer available or has been canceled by you, and no acceptable replacement is offered to you, we will send you a refund check.
3.3 Delivery
Your order will be prepared as soon as your payment is validated. The product(s) will be delivered in Poland, to your home or any other address provided by you when placing your order, within approximately one (1) calendar week, except for temporary closures stated on the Site (annual inventory or summer closure) and in exceptional cases of force majeure. Deliveries outside of Poland will take approximately ten (10) calendar days, and possibly longer for Asian, American, and Oceanian countries.
If you choose to have your order delivered to a Packstation, you must collect it on the day of its arrival. If you collect it the following day, we are not responsible for the condition of the goods, especially in cold or hot periods.
3.4 Withdrawal
Preparation of your order for pickup is done after payment confirmation. The product(s) will be made available at our warehouses at 14 Wagonowa Street, Warsaw, Poland, also in our second warehouse at 22 Avenue Saint Nicolas, France, within approximately five (5) business days, excluding temporary closure periods indicated on the Site (annual inventory or summer closure) and any force majeure cases.
Orders must be picked up within a maximum of 2 weeks from the date our services send an availability notice by email. Beyond this period, uncollected orders:
will be considered as delivered, and no right of withdrawal will apply;
storage fees of €10 per item per month will be applied and must be fully paid before the pickup of the order(s).
Upon receipt of the product(s), it is your responsibility to:
carefully check the contents of the package(s) and notify us of any potential reservations,
Inform us within 24 hours, at the address listed on the Site, if any items are damaged or missing. After this period, complaints will not be taken into account.
In the event of a major incident (theft or breakage) occurring during the transport of your order, we will resend the affected product as soon as possible. Should the same product be unavailable, we will contact you to inform you of the reimbursement procedure to be carried out by our insurance company.
Deliveries to countries outside of Poland are possible. If your destination is not listed on our Site, feel free to contact us at: info@tourdewine.fr
Any order delivered outside of Poland may be subject to taxes and customs duties at the destination point. These taxes and customs duties are your responsibility and remain under your responsibility. We are not required to inform you of any taxes or duties to be paid. To find out if such taxes and duties exist, please contact the competent authorities in your country.
Article 4: Payment
You can pay for your purchase by credit card, bank transfer, or PayPal.
Cards issued by banks not domiciled in Poland must be international credit cards. If payment is made by credit card, the purchase amount will be debited upon order confirmation.
Transfers can be made to our Polish bank account. In this case, we will provide you with our banking details upon order confirmation. All associated bank charges must be fully covered by your bank. If the transfer is incomplete, you will need to pay the balance.
Once your payment by credit card, bank transfer, or PayPal is validated, your invoice will be available in your client space, accessible by logging in with the username and password chosen when creating your account.
Article 5: Returns
Given the care taken in preserving the wines we offer (temperature, humidity, horizontal position, darkness), we regret that we cannot offer a refund or replacement for the following reasons:
- Unsatisfactory taste: Bottles will not be replaced or refunded, even if unopened, because you find them corked, oxidized, past their prime, or similar.
- Damaged, torn, or imperfect label, back label, or capsule: Wine bottles, especially older vintages, may be marked by the years spent in the cellar. This damage is superficial and does not affect the quality of the content.
A photo of any bottle marked by time spent in the cellar is available on request at info@tourdewine.fr.
The images displayed on your site are not contractual.
Article 6: Retention of title
Delivered goods will remain our property until they are shipped (when handed over to the designated carrier), and you have paid their full price (goods and ancillary charges).
Article 7: Warranties and liability
We decline all responsibility for any non-compliance of the delivered item with the laws of any country to which it is delivered, other than Poland.
We commit to act with the usual care exercised in the profession to ensure that the service offered to the client is implemented. However, we cannot be held responsible if we are unable to fulfill our contractual obligations due to unforeseeable circumstances or force majeure, as defined by the jurisprudence of the Polish courts.
We cannot be held responsible for any delays due to a possible stock shortage.
We cannot be held responsible for any discrepancies between the photos, texts, and illustrations on our Site and the items ordered.
We will use all available means to ensure the provision of the services referred to in these general terms and conditions of sale. Under no circumstances will we be held responsible for the loss of profit, business, or data, the loss of revenue, or any other indirect damage not foreseen at the time of using the Site or signing the sales contract between us and you.
Article 8: Site Access License
We grant you a limited license to access and use our Site for personal use. You are not authorized to download or modify any part of this Site without our express, written consent. This license does not allow you to use this Site or its content (listed products, descriptions, prices, downloading or copying information for another merchant’s account, using data, software, sound clips, graphics, images, texts, photographs, other resources) for sale or any other commercial use.
Under no circumstances may this Site or any part of this Site be reproduced, copied, sold, or used for commercial purposes without our express, written consent.
You must not use techniques to copy a trademark, logo, or any other information (particularly images, text, or layouts) that belong to us without our express, written consent. Any unauthorized use of the Site will result in the termination of the license we have granted you.
We authorize you, on a non-exclusive and revocable basis, to create a link to our Site provided that this link does not create a misleading, false, or derogatory image of us or cause us harm. We cannot be held liable in any way for the content of your Site regarding the creation of this link. Any use of our logo, brand, or graphics in your link will require our express, written authorization.
Article 9: Personal Data Protection and Opt-Out of Telemarketing
We commit to protecting your personal data. Any personal data you provide us will be treated confidentially, in accordance with our personal data protection policy, which has been filed with the Office for Personal Data Protection.
While we prohibit any commercial solicitation of our clients by phone, you can formally object by informing us of your wish in writing at info@tourdewine.fr.
Article 10: Applicable Law and Jurisdiction
These general sales conditions are subject to Polish law and the Vienna Convention on the International Sale of Goods. Any dispute relating to the commercial relationship between You and Us will be submitted to the non-exclusive jurisdiction of the Polish courts.
Article 11: Mediation
In case of a dispute, you can contact a consumer mediator at the following address:
Office for Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów – UOKiK)
Address: Plac Powstańców Warszawy 1, 00-950 Warsaw, Poland
Phone: +48 22 55 60 800
Website: https://uokik.gov.pl
Article 12: Identification
Website: www.tourdewine.fr
Company: BIGSHOP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Registered address: UL. PRZASNYSKA 6B / 204, 01-756 WARSAW, Poland
NIP: 5253027049
REGON: 540355854
KRS: 0001142677
E-mail: info@tourdewine.fr