2. Terms and conditions of sale

Terms and conditions of sale

Scope of agreement

These terms and conditions of sale are applicable to any order placed with and accepted by Art & Excellence on the online store (www.special-wine.com). They are automatically made available to the buyer on the website's home page. Therefore, placing an order implies full and unconditional agreement of the buyer to theses “terms and conditions of sale”, excluding others documents like flyers, press, catalogs, e-mailing, transmitted by the seller.

Orders

Any order is final and irrevocable, except with the express agreement of the seller. Orders are final only when the price has completely settled by the buyer. Our product offerings and prices are valid as long as supplies available, without commitment and sales in the meantime.

Same products may be ordered although they are temporarily out of stock. Sometimes, il may happen that the product is replaced by an identical product of the following vintage (for ex : 1 Givry 2014 by 1 Givry 2015). Indeed, we also depend on our partners (producers), which, sometimes, may be in abrupt sold out on a vintage. In any case, be assured that Special Wine will do everything possible to satisfy your requests.
Our products are rare and subject to speculation. Art & Excellence reserve the right to apply restrictions on the quantities available and could refuse or cancel an order which appears clearly abnormal.
Pictures and comments on the products are only indicative with no contractual value. Do not hesitate to ask us for photos and/or additional informations about products.

Prices

Prices are in Euros (€) and all taxes included (French VAT and other taxes). The price mentioned on the product is excluding transport costs .
Shipping costs are charged depending on the destination and the number of bottles ordered. The customer have to select the country of delivery to be aware of the total amount of the order.

For professionals in European Union with a valid VAT number : just enter the name of your company and your VAT number when you register, then choose your country name HT (ex : Italy Pro excl. Tax), so you will be invoiced excluded Tax (HT) in accordance with the legislation (Article 262 ter I 1° of CGI or Article 138 of Directive 2006/112/CE).

For exports : the invoice is automatically excluded Tax (HT), in accordance with the legislation (Article 262 I 1° of CGI).


Art & Excellence (website Special Wine) reserve the right to change prices at any time.

Payment Terms

Payment of the goods is entirely due upon order, either credit card (Visa, MasterCard) or bank transfer to the account of Art & Excellence.
No payment may be postponed without our prior agreement. Please note we cannot be held responsible for any commission or banking charge applied by your issuing bank.
An invoice in Euros  (with or without VAT) will be issued by Special Wine and sent to the customer on the email address provided when creating the account. Any other currency than euro is given as an information on Special Wine, it is impossible to pay the order with the selected currency. Wherever you live, Special Wine will charge your order in euro.

Credit Card

Payments made on the website site “Special Wine” are entirely secure. For the management of credit card fees, Special Wine uses the solution “Payment Safe” by the group Société Générale (Atos) : SOGENACTIF. The company doesn't know the reference of client's credit card. These data are encrypted via SSL (Secured Socket Layer) and pass directly through the secure server SOGENACTIF. All banking information you provide are neither stored nor visible on the internet. The website guarantees the confidentiality of your data.

IMPORTANT : Payments by credit card are Limited to € 6,000 by 24h and € 9,000 by 48h. For higher amounts of money, payments must be made exclusively by bank transfert. For any particular order (high amount,...), please contact us.

3D Secure System

In addition, we chose the option of secure payment “3D Secure”. Visa and Mastercard have created the 3D Secure standard to protect you against fraudulent use of your credit cards during an online purchase.
When you have completed information about your credit card, you are redirected to the website of your bank, on which you are asked to authenticate in order to secure the transaction and validate the regulation of your purchases. Your bank verifies that you are the rightful owner of the card. You will receive, in the vast majority of cases, an identification code transmitted by the bank by an SMS. It is essential to communicate with your bank about your mobile phone number. We draw your attention to the fact that without this phone number, you can not receive the authentication code to finalise your order.

Bank Transfer

Bank transfer to the following account at the :
Société Générale
BIC/SWIFT : SOGEFRPP
IBAN : FR76 3000 3012 1200 0270 0075 515

Deliveries and insurance

After confirmation of the order and payment, the order is prepared for shipment. The buyer is the only responsible for information transmitted on his/her account during the purchase. In case of error in the address of the recipient or incomplete information, Special Wine can not be held responsible.

IMPORTANT : we ask to our customers to check the accuracy and the completeness of information they enter (name, phone number, address,...), in order to avoid difficulties or delays in the delivery of their order.


While every effort is made to comply by the deadline, these are only given as an indication. A delay in delivery can not give rise to any penalty or compensation nor order cancellation.

Delivery must take place no later than 30 days after the online order. Shipments are made from Monday to Friday.

The products on sale are almost all rare wines. We advise you to choose a suitable delivery for product quality, Chronopost, to prevent shipped wines remain too long in shipping platforms.

Your package is insured up to its value (total price including shipping).

Countries we deliver to

France, Monaco, Andorra, Italie, Spain, Portugal, Germany, Belgium, Netherlands, Luxembourg, United Kingdom, Ireland, Austria, Finland, Sweden, Poland, Greece, Czech Republic, Slovakia, DOM-TOM (Martinique, Guadeloupe, La Réunion, Saint-Barthélémy, Saint-Martin).

Transport

When you receive your package, you have to :

  • Check carefully the status and content of the package and clearly express reservations on the delivery note  (breakage, damage or missing ). Within 48 hours of receipt your wines, the buyer agrees to make these reservations by registered letter with return receipt to the carrier, with a copy to the seller. After this period no claim will be taken into account.
  • Refuse the package if the products are clearly broken.

Withdrawal Period

According to Article L.121-16 of the French Consumer Code, the particular buyer has 14 days, from the date of receipt of the order, to refuse the goods delivered. The buyer agrees to contact by a letter (registered letter with acknowledgment of receipt) with customer service of the website. In this case, the products must be returned at the buyer's expense, in their original packaging, and will be reimbursed after control (perfect condition). The bottle should not in any case have been opened.

Once transmitted withdrawal, a new period of 14 days is given to the client to return unwanted products in their original packaging for exchange or refund, including shipping (except the cost of return which remain the customer).

Example

I, the undersigned : ..............................................................................................................
Address : ..........................................................................................................................
.........................................................................................................................................
email : ....................................................................................................................
to (name of the professionnal) : .....................................................................................................
I inform you that I want to break my contract of sale of following (s) good (s) :
.........................................................................................................................................
.........................................................................................................................................
bought on the  ...../...../..........
received on the ...../...../..........
Signature and Date : ...../...../..........

The seller has to take back an item if it does not correspond to the order. The consumer must return the wine in its original packaging, indicating the reason for refusal on the delivery note. Costs being supported by the seller, the buyer may require : a new delivery of the order, an exchange with a similar product or the order cancellation (with full refund).

Quality

We ensure great care in rentention conditions and storage of our wines (temperature, humidity, sleeping and darkness). However, we can't guarantee the irreproachable quality of old vintages.

IMPORTANT :

We can't accept a replacement product for the following reasons :

  • Inappropriate Taste : we can't exchange the bottles, open or not, because of a taste that you consider inappropriate for your tasting (corked bottles, oxidized, declining or another.).
  • Label, collar or damaged cap, tarnished, aged : bottles, especially from old vintages, may sometimes have suffered external damage does not affect the quality of their content.

The condition of the bottles (labels and levels) is specified on each product ; each bottle is photographed : if more products are available in stock, photo shows the most degraded bottle ; if the state of 2 identical bottles is too different, two product pages will be created (same thing for 3/4/5...)

Pictures on the website have no contractual value. 

Reservation of Ownership

According to law n° 80 336 established on May 1 1980, about reservation of ownership, the seller retains ownership of the products until full payment.

Litigation

These general conditions of sale are subject to French law. In case of dispute, the customer preferably correspond with the company to find an amicable solution. If the response of the Customer service doesn't satisfy you, you can use the mediation service for consumer disputes by contacting a mediator, referring to the site http://www.economie.gouv.fr/mediation-com.

Minor Protection

Excessive drinking is dangerous for the health ; alcoholic beverages should be consumed with moderation.
According to the article L.3342-1 of the French Public Health Code which states that the sale of alcoholic beverages to minors is prohibited, the buyer agrees by ordering on the site, to be 18 years old at the date of the order.

Personal data (“loi informatique et libertés”)

You have a right to access, modify, rectify and delete data concerning you (article 34, law 78-17 established on January 6 1978 about date processing and liberty).
You can exercise this right by writing to art-et-excellence@orange.fr or Art et Excellence, Les Gémeaux, 150 route de la Croix de Pierre, 74920 Combloux.