Terms of Sale

I. FOREWORD

Section 1.1 : Vendor designation

This website www.altcellars.com is published by :

ALTCELLARS – El Khoury, sole proprietorship headquartered at 61 Rue de Lyon, 75012 Paris, France, registered with RCS Paris under number 919 439 414.

Section 1.2 : Customer designation

ALTCELLARS offers for sale carefully selected wines and spirits to non-professional customers, who are of legal age and/or over eighteen (18) years of age at the time of the order and who have full legal capacity (hereinafter the "Customer").

Section 1.3 : Applicability of the present Terms of Sale

The present Terms of Sale (hereinafter referred to as the "TOS") apply exclusively to the online sale of ALTCELLARS products (hereinafter referred to as the "Products") on the website www.altcellars.com, (hereinafter referred to as the ""Site""), to non-professional customers, who are of legal age and/or over eighteen (18) years of age at the time of the order and who have full legal capacity.

Products are sold retail for strict personal use.

The TOS are made available to customers on the vendor's website and can also be sent to customers on request by e-mail or post.

The TOS are binding on the customer, who acknowledges having read and accepted them before placing an order.

Order confirmation implies the customer's acceptance of the TOS in effect on the day of the order, which are kept and maintained by the professional vendor in accordance with article 1127-2 of the French Civil Code.

The professional vendor reserves himself the right to modify the TOS at any time.

In the event of modification of the TOS, the applicable TOS are those in effect on the date of the order and published on the Site. A dated copy may be provided to the customer on request.

The voidness of a contractual clause does not entail the voidness of the TOS unless it is an impelling and decisive clause that led one of the parties to conclude the sales contract.

The temporary or permanent inapplicability of one or more clauses of the TOS by the professional vendor shall not constitute a waiver of the other clauses of the TOS, which shall remain in full force and effect.

Section 1.4 : Language

The TOS and all contractual information published on the Site are originally drafted in French and shall prevail.

The Customer acknowledges that the various translations into the languages offered on the Site are for his/her convenience when browsing www.altcellars.com, and that the language chosen by the Customer may be different from the language adopted by ALTCELLARS.

II. PRODUCTS

Section 2.1 : Specifications

The Products listed in the sales catalog published on the Site are each described in terms of their essential specifications as defined in article L. 111-1 of the French Consumer Code.

The pictures illustrating the Products are not contractually binding.

Section 2.2 : Compliance

The Products comply with the requirements of French law in effect at the time they are offered for sale.

Section 2.3 : Availability of stocks

Products are offered for sale and delivered while stocks last.

In the event that a product ordered is out of stock, the Vendor will immediately inform the Customer and may offer a product of equivalent quality and price or, failing that, a voucher for the amount of the order, which may be used for any future order.

In the event the buyer disagrees, the vendor will refund the amounts paid within twenty (20) calendar days.

Apart from the refund for out-of-stock products, the Vendor is not liable for any cancellation indemnity, unless he is personally responsible for failing to execute the contract.

III. PRICES

Section 3.1 : Sale prices

Sale prices are indicated, for each product in the catalog, in euros including all taxes, excluding delivery costs specified before order validation and invoiced in supplement, or other eventual costs (customs clearance costs at destination, for example).

When applicable, value-added tax (VAT) at the rate in effect on the date of viewing is included in the sale prices displayed with the mention TTC / all taxes included. If the price displayed is marked HT / excluding tax, then the VAT is not included, but must be paid (except in cases of exemption, such as when the order is delivered outside the European Union, for example).

The Customer will also have to pay all mandatory taxes and duties, as well as any bank charges, which will always be at his/her expense.

The total amount due by the Customer is indicated on the order confirmation page.

The selling price of any product is that in effect on the day the order is placed.

Section 3.2 : Modification

The Vendor reserves himself the right to modify his prices at any time, while guaranteeing the Customer the price in effect on the day of the order.

Section 3.3 : Fees

Any additional costs for transport, delivery or customs clearance which the Customer is informed of prior to placing the order are specified on the purchase order.

IV. ORDERS

Section 4.1 : Stages of contracting

To place an order, the Customer fills his/her shopping cart by adding the products selected and the quantities required, then clicks on the order confirmation button and provides delivery and payment details.

Before confirming his/her order, the Customer has the opportunity to check the details of the order and its total price, and return to previous pages to correct any errors or modify the order.

Order confirmation implies acceptance of the TOS and concludes the sale contract.

An e-mail acknowledging receipt of the order and payment will be sent by the Vendor in a timely manner.

Section 4.2 : Order validation

The Vendor reserves himself the right to refuse any order that is not in line with the conditions of sale and delivery published on the Site or that is considered irregular, particularly in the case of orders in quantities and/or amounts considered unusual by ALTCELLARS.

V. PAYMENTS

Section 5.1 : Payability

Price is due in full upon confirmation of the order and payment is made immediately upon ordering.

For all countries, payment will be made by credit card (Visa, Mastercard and American Express are accepted) or PayPal. ALTCELLARS may accept certain local payment options upon request to: 61 Rue de Lyon, 75012 Paris, France or by email: info@altcellars.com.

ALTCELLARS has set up a secure payment system for all orders placed on the Site. Payments are made via Shopify Payments or PayPal, both of which comply with PCI DSS security standards.

The Customer will receive his invoice included in the order confirmation e-mail sent by ALTCELLARS. The Customer may also receive an invoice in PDF format upon request by email: info@altcellars.com.

Section 5.2 : Payment delay

Any amount not paid on the due date shall accrue interest at the legal rate without notice.

Section 5. 3 : Payment default

The Vendor reserves himself the right, if the agreed price is not paid on the due date, either to request performance of the sale, or to cancel the contract by simple registered letter with acknowledgement of receipt, and to retain, as compensation, the deposit paid at the time of order.

In the case of several instalments, default on payment of any one of the instalments shall, if the Vendor does not choose to cancel the order, result in the immediate payability of the subsequent instalments.

Section 5.4 : Retention of title clause

The Vendor retains ownership of the products sold until the price has been paid in full, and the Customer undertakes to take all necessary precautions to ensure that the products are kept in good condition as long as ownership has not been transferred to him/her.

VI. DELIVERY AND RECEPTION OF PRODUCTS

Section 6.1 : Terms of delivery

The Vendor delivers in France, in the European Union and internationally.

ALTCELLARS delivers the Products ordered to the delivery address indicated by the Customer ("Delivery Address") according to the delivery method chosen by the Customer when placing the order.

The delivery charges published on the Site exclude Corsica and French Overseas Departments and Territories (for France) and remote or difficult-to-access areas (in particular islands, mountainous regions and other areas as defined by the carriers - for all countries).

For more information about delivery methods and charges, the Customer can consult the terms of delivery published on the Site (Click here) or contact the Vendor's customer service at the following address: 61 Rue de Lyon, 75012 Paris, France or by email: info@altcellars.com.

The Vendor will do its utmost to dispatch the Products to the Customer in a timely manner once the order has been placed, in accordance with the delivery method chosen by the Customer when placing the order. Notwithstanding the above, in all cases, delivery will be made within a maximum of thirty (30) working days from receipt of the order confirmation e-mail, subject to the availability of the Products, as notified to the Customer at the time the order is placed.

Section 6.2 : Late delivery

In case of excessive delay in delivery, the Customer must contact customer service as soon as possible at the following address: 61 Rue de Lyon, 75012 Paris, France or by email: info@altcellars.com. In this case and depending on the cause of the delay, ALTCELLARS will notify the Customer of a new estimated delivery date or proceed with the cancellation and full refund of the order.

Section 6.3 : Reception of products

When the product is delivered to the address indicated on the order form by a carrier, it is the Customer's responsibility to check, in the presence of the delivery person, the condition of the product delivered and, in the event of damage or missing items, to express his concerns on the delivery note or on the transport receipt, and, if necessary, to refuse the product, and to notify the Vendor as soon as possible.

Section 6.4 : Conformity of products

If the product is not as ordered, the Customer must submit a claim to the Vendor as soon as possible, in order to obtain the replacement of the product or possibly the cancellation of the sale.

Section 6.5 : Delivery and transfer of risk

The risk of loss or damage to the goods is transferred to the customer at the moment when the customer, or a third party designated by the customer, takes physical possession of the goods, regardless of their nature.

The product, delivered to the Customer by a carrier chosen by the Vendor, travels at the Vendor's risk.

The product, delivered to the Customer by a carrier chosen by him/her, is shipped at the Customer's risk from the moment the goods are handed over to the carrier.

VII. LEGAL WARRANTIES OF CONFORMITY AND HIDDEN DEFECTS

Section 7.1 : Scope of warranties

ALTCELLARS is bound by the legal warranty of conformity and that relative to defects in the goods sold.

On the basis of the legal warranty of conformity, the Customer:

• has a period of two (2) years from delivery of the product to take action against ALTCELLARS;
• when repair is possible, he/she may choose between repair or replacement of the product, subject to cost conditions stipulated in article L. 217-9 of the French Consumer Code;
• is exempt from proving the existence of the product's lack of conformity during this period.

The Customer may decide to exercise the warranty against hidden defects in the goods sold as defined in articles 1641 to 1648 and 2232 of the French Civil Code and, in this case, may choose between cancellation of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

The legal warranty of conformity applies independently of any commercial warranty that may be offered.

The Customer is required to check that the Products received match the order and, in the event of a lack of conformity or a hidden defect in the sense of the corresponding legal warranties, he/she must contact customer service, which will provide him/her with the necessary information concerning the return of the Products and their replacement or refund.

Products covered by warranties must be returned unused, intact and in their original condition and packaging after receipt and confirmation of the claim by customer service.

The Customer will be refunded the cost of return within thirty (30) days of receipt of the product by the Vendor.

Section 7.2 : Warranties exclusions

ALTCELLARS makes every effort to store the Products in optimal conditions (temperature, humidity, laying down, obscurity, etc.). As a result, ALTCELLARS is not obliged to accept the replacement of a Product for the following reasons:

• Inappropriate taste: ALTCELLARS is not obliged to exchange bottles, opened or unopened, with a taste that the Customer considers inappropriate for drinking (e.g. corked, oxydized, in decline or other).
• Damaged, peeling or aged labels, neck tags or caps: bottles can sometimes suffer external damage that has no impact on the quality of their contents.

And, in general, if the Products returned by the Customer are not identical to the Products ordered or do not originate from the Site, ALTCELLARS shall under no circumstances be bound by the obligations described above.

Section 7.3 : Applicable law to warranties: cross-border contracts within the EU internal market

The French law applicable to the contract may not deprive a Customer residing in another EU Member State of the provisions on warranties granted by his/her national law, in application of the European Directive of May 25, 1999 on the sale of consumer goods and associated warranties.

VIII. LIABILITY

Section 8.1 : Liability waiver

The Vendor may not be held liable in the event of non-performance or improper performance of the contract due either to the Customer's fault, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.

Section 8.2 : Cross-border contracts

The Vendor cannot be held liable for non-compliance of the product with the legislation of the Customer's country. It is the Customer's responsibility to check that the product is not prohibited for sale in his/her country.

Section 8.3 : Penalty clause

In all cases of non-performance of his/her obligations by the Customer, the deposit paid at the time of order, if any, remains the property of the Vendor as indemnity.

IX. RIGHT OF WITHDRAWAL

Section 9.1 : Terms and conditions

The Customer may cancel the order within fourteen (14) calendar days from the date of receipt of the Products ordered, without giving any reason and without incurring any penalties, the date shown on the carrier's receipt signed by the Customer being considered as proof.

If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

To exercise the right of withdrawal, the Customer must notify the Vendor at the following address: 61 Rue de Lyon, 75012 Paris, France or by email: info@altcellars.com of:

• His/her name, physical address, telephone number and e-mail address;
• His/her decision to withdraw from the contract in a clear statement (e.g. letter sent by post or e-mail).

The simple return of the Products without prior notification or the refusal to accept delivery are not sufficient to express the Customer's wish to withdraw.

The Customer will then have a period of fourteen (14) calendar days from the withdrawal notification to return the Product(s) to the Vendor at the following address: ALTCELLARS, E-Logik Montauban, 150 Impasse Prat de Valat, 82710 BRESSOLS, FRANCE.

Each Product must be returned in its original unused condition, with all labels and in its original packaging. Return shipping costs are at the Customer's expense.

In the event of any alteration of the Product resulting from handling other than that necessary to establish the nature and/or conformity of the Product, the specifications or proper functioning of the Product, ALTCELLARS reserves the right to refuse refund or replacement of the Product.

ALTCELLARS will not issue a refund if the Products returned by the Customer do not match the Product(s) ordered or if they do not originate from the Site.

Section 9.2 : Effects

In the event of withdrawal, the Customer will be refunded by the Vendor, after receipt of the return, all payments received in relation to the order that has been withdrawn, including delivery costs (with the exception of any supplementary costs arising from the fact that the Customer may have chosen a delivery method other than the least expensive method offered on the Site). The cost of returning the goods is at the Customer's expense.

The Vendor will proceed with the refund using the same means of payment as that used for the initial transaction. If the Customer agrees, the Vendor may offer another means of payment at no extra cost.

X. PERSONAL DATA PROCESSING

The processing of the Customer's personal data on the Site is governed by our Privacy Policy (Click here).

XI. DISPUTE RESOLUTION

Section 11.1 : Preliminary claim

In the event of a dispute, the Customer should first contact ALTCELLARS' customer service at the following address: 61 Rue de Lyon, 75012 Paris, France or by email: info@altcellars.com.

Section 11.2 : Request for mediation

In the event of failure to resolve a claim with customer service or in the absence of a response from this service within two months, the Customer may submit the dispute between him and the Vendor, relating to the order form or these TOS, to the European Commission's online dispute resolution platform available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm.

Section 11.3 : Jurisdiction and applicable law

Notwithstanding the above, if no amicable solution is found, or if the Customer does not wish to follow an amicable resolution process, he/she may take the dispute to court. Any dispute relating to the validity, invalidity, interpretation or performance of these TOS shall be referred to the courts of Paris. In addition, any question relating to the validity, invalidity, interpretation or performance of these TOS shall be governed by French domestic law, to the exclusion of any special provisions concerning the international sale of goods.