Article 1: Preamble

These general terms and conditions of sale apply exclusively between TOUR DE WINE, 06400 Cannes (France) and any person visiting or making a purchase on the site www.tourdewine.fr.

Any person wishing to make a purchase on the TOUR DE WINE site declares to be informed of these general terms and conditions of sale. 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 Ordering Conditions

In accordance with article L. 3342-1 of the French Public Health Code, you agree to be at least 18 years old at the time of placing the order. You also declare that you have the legal capacity to place an order on the Site.

2.2 Order Confirmation

Once we receive your order, we will send you a confirmation via email.

Article 3: Price, Availability and Delivery

3.1 Price

The prices displayed on the Site are shown in euros, excluding shipping and other applicable charges (transport insurance, etc.). The VAT at the rate in effect at the date of your visit is included in the sale prices showing the mention “VAT included.” If the price of the selected product is indicated “excl. VAT,” VAT is not included in the price but is still due, except for exemption.

3.1.1 Purchase in bonded warehouse (IB) and excl. VAT

This option is available on request for private French and foreign residents if the shipment is made to a bonded warehouse (i.e., London City Bond, Octavian Seabrook, Bordeaux City Bond, La Cave Lyon, and other bonded warehouses). This option is also available for professional French buyers with VAT exemption authorization from French tax authorities and obviously for EU businesses with a valid VAT registration in the EU.

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 the payment, provided we receive this payment within seven calendar days. If this period is exceeded, your order will remain valid if the chosen 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 about the availability of the items sold on the Site on the detailed information page of each item.

Despite all our efforts, an error may occur regarding the availability or price of a limited number of the thousands of items available on our Site. If, despite these efforts, the items you ordered are unavailable, we will inform you by email as soon as possible to agree on 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 shipping the items. If the modified 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.

We remind you that any payment by credit card will be debited at the time your order is validated. Thus, in case an item is no longer available or has been invalidated by you, and no acceptable replacement is offered, 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 France, to your home or any other address provided by you at the time of your order, within approximately one (1) calendar week, except for temporary closures indicated on the Site (annual inventory or summer closure) and in the case of force majeure. Deliveries outside France will take about ten (10) calendar days, or more 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 next day, we are not responsible for the condition of the goods, especially in cold or hot periods.

3.4 Pickup

Your order will be prepared for pickup once your payment is confirmed. The product(s) will be available at our warehouses at 2 rue Paul Serrailler, France, within approximately five (5) business days, excluding temporary closure periods indicated on the Site (annual inventory or summer closure) and any case of force majeure.

Orders must be collected within a maximum period of 2 weeks from the date our services send an availability notice by email. Beyond this period, uncollected orders:

• will be considered delivered, and no right of withdrawal will apply;
• storage fees of €10 per item per month will be applied, which must be fully paid before the order(s) can be collected.

Upon receipt of the product(s), you are responsible for:

• carefully checking the contents of the package(s) and informing us of any possible reservations,
• Informing us within 24 hours, at the address indicated on the Site, if any items are damaged or missing. After this period, claims will not be considered.

In the event of a major incident (theft or breakage) occurring during the transport of your order, we will resend the product in question as soon as possible. If the same product is unavailable, we will contact you to inform you of the refund procedure to be carried out by our insurance company.

Deliveries to countries outside of France are possible. If your destination is not listed on our Site, please feel free to contact us at: info@tourdewine.fr

Any order delivered outside of France may be subject to import duties and taxes at the point of destination. These duties and import taxes are your responsibility and remain under your responsibility. We are not obligated to inform you of the duties and taxes payable. To find out if such duties and taxes 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 France must be international credit cards. If payment is made by credit card, the purchase amount will be debited upon validation of your order.

Transfers can be made to our French bank account. In this case, we will provide you with our bank details when your order is validated. All associated bank charges must be fully covered by your bank. If the transfer is incomplete, you will need to pay the balance.

As soon as your payment by credit card, bank transfer, or PayPal is validated, your invoice will be available in your client area, 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 to be unable to offer refunds or replacements for the following reasons:

• Unsatisfactory taste: Bottles will not be replaced or refunded, even unopened, if you judge them to be corked, oxidized, past, or similar.
• Damaged, torn, or less than perfect 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 contents.

A photo of any bottle marked by time spent in the cellar is available upon request at info@tourdewine.fr.

The images displayed on your site are not contractual.

Article 6: Retention of Title

The delivered goods will remain our property until their shipment (when handed over to the designated carrier) and until you have paid the full price (goods and related costs).

Article 7: Warranties and Liability

We disclaim any liability in the case of non-compliance of the delivered item with the laws of any country to which it is delivered, other than France.

We commit to acting with the usual care exercised in the profession to ensure that the service offered to the client is implemented. However, we cannot be held liable if we are unable to fulfill our contractual obligations due to unforeseen circumstances or force majeure, as defined by the jurisprudence rendered by French courts.

We cannot be held responsible for delays due to a potential stock shortage.

We cannot be held responsible for any potential discrepancies between the photos, texts, and illustrations on our Site and the items ordered.

We will use all means at our disposal to ensure the provision of the services referred to in these general terms and conditions of sale. Under no circumstances can we be held responsible for the loss of profit, business, or data, the loss of revenue, or any other indirect damage unforeseen at the time of the use of the Site or at the signing of 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. Under no circumstances are you authorized to download or modify all or part of this Site without our express and written authorization. This license in no way allows you to use, for purposes of sale or for any other commercial use, this Site or its content (listed products, descriptions, prices, downloading or copying of information for the benefit of another merchant, use of data, software, sound clips, graphics, images, texts, photographs, other resources).

In no way may this Site or any part of this Site be reproduced, copied, sold, or used for commercial purposes without our express and written authorization.

You must not use techniques to copy a brand, logo, or any other information (in particular images, texts, or layouts) belonging to us without our express and written agreement. 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 impression of us or cause us harm. We cannot be held liable in any way for the content of your Site with regard to the creation of this link. Any use of our logo, brand, or graphics in your link will require our express and written authorization.

Article 9: Personal Data Protection and Opposition to Telephone Solicitation

We are committed to protecting your personal data. Any personal data you provide us with will be treated in strict confidence, in accordance with our personal data protection policy, which has been filed with the National Commission for Information Technology and Civil Liberties (CNIL).

Although we prohibit any commercial solicitation of our clients by phone, you can formally oppose it by informing us of your wish in writing at info@tourdewine.fr.

Article 10: Applicable Law and Jurisdiction

These general terms and conditions of sale are governed by French law and the Vienna Convention on the International Sale of Goods. Any dispute relating to the commercial relationship between You and Us will be subject to the non-exclusive jurisdiction of the French courts.

Article 11: Mediation

In case of dispute, you may contact a consumer mediator at the following contact information:

Independent Mediators Association of the Côte d’Azur, 9 rue Alfred Mortier, 06000 Nice
www.amimediation.fr – mediateursindependants@gmail.com

Article 12: Identification

Website: www.tourdewine.fr
Company: BIGSHOP LIMITED LIABILITY COMPANY
Registered address: UL. PRZASNYSKA 6B / 204, 01-756 WARSAW, Poland
Representative office: 06400 Cannes, France
NIP: 5253027049
REGON: 540355854
KRS: 0001142677
E-mail: info@tourdewine.fr