The RIVIERA CELLARS online shop is operated by NHB RIVIERA, a limited liability company with a capital of 32,000 euros, registered in the Grasse Trade and Companies Register under number 507 670 750, whose head office is located at 548 chemin des colles, 06140 Vence.
ARTICLE 1 - PREVENTION
In accordance with Ordinance No. 59-107 of 7 January 1959 and Law No. 74-631 of 5 July 1974 prohibiting the sale and offer of alcoholic beverages to minors and similar persons, the RIVIERA CELLARS online shop is exclusively reserved for persons who have reached the age of eighteen (18).
Alcohol abuse is dangerous for your health. Drink in moderation.
ARTICLE 2 - SCOPE OF APPLICATION
The present general conditions of sale govern all sales of products presented on the RIVIERA CELLARS site. Any order implies full and complete acceptance and without reservation of these General Conditions of Sale, the purpose of which is to define the rights and obligations of the parties within the framework of the on-line sale of goods offered by RIVIERA CELLARS.
As the General Conditions of Sale are subject to modification at any time, without prior notice, the customer is invited to read them carefully before each order and the user at each visit.
ARTICLE 3 - PRODUCTS
The products offered by RIVIERA CELLARS are those that appear in the catalogue published on the site www.rivieracellars.frThese articles are offered within the limits of available stocks. Each item is accompanied by a description drawn up by RIVIERA CELLARS from information provided by its suppliers. The photographs in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the item offered, particularly with regard to the colours, the details attached to the label or the packaging.
ARTICLE 4 - ORDERS
The customer places an order on the website www.rivieracellars.fr. To purchase one or more items, he/she must follow the following ordering process:
- Choice of product(s) within the site and addition to the basket,
- Validation of the contents of the basket,
- Identification on the website or creation of an account (even temporary as a "guest" order) on which he/she will indicate all the requested details,
- Choice of delivery method,
- Choice of payment method and acceptance of these GTC,
- Validation of the payment
The order is only firm when the customer has successively completed the steps described above and when his payment is accepted. The customer undertakes to be at least eighteen (18) years old on the date of the order or, for customers established outside France, the minimum legal age in force in their country for the purchase and consumption of alcohol.
During the ordering process, the customer will be able to view the details of his order, its total price and correct any errors, before confirming it to express his firm acceptance.
The order is then confirmed by RIVIERA CELLARS by sending a confirmation email to the customer indicating the summary and the main characteristics of the products ordered, the price and the transport costs.
RIVIERA CELLARS reserves the ownership of the items until the order is paid in full, i.e., until RIVIERA CELLARS has received payment for the order.
RIVIERA CELLARS undertakes, within the limits of available stocks, to honour the orders received on the Internet site. If the product ordered is unavailable, the client will be informed by RIVIERA CELLARS who may offer a product of equivalent quality and price, or failing that, a credit note for the amount of the product ordered credited to the client's user account, to be applied to a subsequent order. In the event that the customer does not agree, RIVIERA CELLARS will proceed with the reimbursement of the amount paid for the unavailable product(s) and the associated shipping costs within 14 days.
RIVIERA CELLARS reserves the right to cancel or refuse any order from a customer with whom there is a dispute concerning the payment of a previous order or if several serious and concordant elements give rise to a suspicion of fraud on the order. Any order implies acceptance of the prices and descriptions of the items available for sale.
RIVIERA CELLARS reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered, by means of one or several orders, are abnormally high compared to the usual quantities or do not respect the quantity limits or the delivery zones indicated on certain products. More generally, RIVIERA CELLARS reserves the right to cancel all or part of current orders in the event of non-compliance with these conditions by the client.
RIVIERA CELLARS reserves the right to ask the purchaser for additional guarantees of identity and payment for any order over 4000€, and in any case, for any order including one or several products indicated as rare.
ARTICLE 5 – DISPOSITIONS SPECIFIQUES AUX VENTES DE VINS PRIMEUR
Orders for primeur wines are subject to specific rules, of which the buyer acknowledges being aware. Similarly, they are aware of the nature, destination and characteristics of the primeur wines when they place their order with full knowledge of the facts.
The general terms and conditions of sale apply except for the following provisions, which are exclusively dedicated to the sale of primeur wines due to their specific characteristics. When pre-ordering primeur wines, full payment, including VAT and excluding delivery charges, is required. Once placed, the order is considered definitive. It is important to note that the right of withdrawal under article L. 121-21 of the French Consumer Code does not apply to contracts for the sale of primeur wines (L. 121-21-8-7°).
Les vins en primeur ont été réservés et payés par RIVIERA CELLARS grâce à des accords conclus avec les Châteaux ou les négociants, qui conservent le contrôle exclusif sur la date de mise en bouteille et de mise à disposition. En principe, les vins en primeur sont livrables au cours du premier semestre de la troisième année suivant la récolte, sauf décision contraire du Château. Ce délai est donc indicatif, et l’acheteur sera informé dès que possible de la date de mise à disposition des vins en primeur commandés.
Prior to delivery of the primeur wines, the purchaser will receive a final invoice which will include any delivery charges and VAT adjustments in the event of a change in the rate in force at the time the final invoice is issued. RIVIERA CELLARS cannot be held responsible for any delays in delivery.
Pour les livraisons dans les DOM-TOM ou à l’étranger, veuillez nous contacter par e-mail à info@rivieracellars.fr ou par téléphone au 00 33 (0)6 46 01 47 71.
It is the purchaser's responsibility to keep RIVIERA CELLARS informed of any changes to their contact details.
In the event of unavailability of the primeur wines ordered, the Purchaser will be promptly informed and reimbursed within 30 days at the latest.
ARTICLE 6 – PRIX
All invoices are sent to the Customer by email when the order is confirmed and the Customer can also access them within his account on the online shop.
The prices appearing in the catalogue are prices inclusive of all French taxes in euros, taking into account the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the articles.
RIVIERA CELLARS reserves the right to modify its prices at any time, it being understood that the price appearing in the catalogue on the day of the order will be the only one applicable to the customer.
The prices indicated do not include delivery costs, which are indicated on the site, in particular during the validation of the basket and in the summary before validation of the order, and do not include any customs clearance costs and duties.
ARTICLE 7 – MODALITÉS DE PAIEMENT
Payment for purchases is made by one of the following methods, at the Customer's convenience:
- By credit card (Carte Bleue, VISA, Mastercard) via the PayPlug payment platform.
- By Paypal
- By bank transfer to the account of NHB RIVIERA (IBAN download)
Items ordered by bank transfer will be reserved for 5 calendar days from the date of the order. After this period and in the absence of receipt of said transfer, RIVIERA CELLARS reserves the right to cancel the customer's order.
Late payment:
Any sum not paid on the due date will automatically and by right, without prior notice, give rise to a penalty at the legal interest rate in force. In the event of collection by means of litigation, this will give rise to a proportional indemnity corresponding to the costs incurred for the aforementioned fixed recovery that Riviera Cellars estimates at 15% of the amount of the order.
ARTICLE 8 – MODALITÉS D’EXPÉDITION ET DE LIVRAISON
Any order placed on RIVIERA CELLARS before 12:00 noon from Monday to Friday, excluding public holidays and exceptional holidays indicated on the "Delivery" page, will be prepared and shipped the same day or the following day, subject to payment validation and availability of the product(s) ordered. Orders placed after 12 noon will be processed the next day or within two working days, except if the order is placed the day before a weekend (processing on Monday) or a public holiday.
These preparation and dispatch times may be extended during periods of high activity, due to specific governmental measures, in particular sanitary measures, or in the event of exceptional closure of our warehouse.
The Customer can follow the execution of his order at no cost other than the normal cost of communication, by e-mail addressed to RIVIERA CELLARS or directly from his customer area.
An email confirming the dispatch of the order is sent to the purchaser on the day of the actual dispatch of the order.
For information purposes, it should be noted that the delivery time (from the effective date of shipment of the order) for delivery addresses in metropolitan France depends on the mode of transport chosen. Compliance with these delivery times is the sole responsibility of the carrier.
For all modes of transport (except specific transport e.g.: pallet) a tracking number for the progress of the delivery is sent by email following the confirmation of shipment. The customer, except for guest orders, can also access the tracking of their order from their account on RIVIERA CELLARS. Detailed tracking of the delivery is done on the carrier's website, via the link provided by RIVIERA CELLARS, the average delivery time normally varies from 2 to 15 working days depending on the destination.
RIVIERA CELLARS reserves the right to change the carrier from the one initially displayed and selected by the customer, if this carrier does not allow delivery within the time or cost conditions announced.
Unless otherwise specified prior to the conclusion of the contract, RIVIERA CELLARS undertakes to deliver any product ordered on the Site within a maximum of thirty (30) working days.
Except in the case of force majeure, if delivery does not occur within this period, the client may request resolution of the sale in accordance with articles L. 121-20-3 and L. 114-1 paragraphs 2 and 3 of the Consumer Code.
The transfer of risks to the customer is effective upon delivery, thus RIVIERA CELLARS cannot be held responsible in the event of disputes arising after the delivery of the order, from then on the customer becomes responsible for the products.
Upon receipt of the goods and before signing for them, the customer is required to check the good condition of the items delivered. Any anomaly noted (missing item, damaged package, broken item, etc.) must be indicated by expressing your reservations in a legible and understandable manner on the delivery slip following receipt. Please note that RIVIERA CELLARS cannot be held responsible for any damage (dents, impacts, tears, etc.) to the cardboard cases and packaging of the bottles (excluding wooden boxes and packaging) resulting from transport, due to the fragile nature of these elements.
RIVIERA CELLARS and its transport partner will take charge of the transport risks and will reimburse the customer provided that the package is returned to the transporter with a letter of complaint, a copy of which must be sent to RIVIERA CELLARS.
Delivery costs vary according to the weight and size of the order, the type of carrier chosen and the place of delivery for delivery addresses located in France. For deliveries in French overseas departments and territories or abroad, please contact us by email at the following address: info@rivieracellars.fr or by phone at: 06 46 01 47 71.
Any local taxes, customs duties or other charges are the sole responsibility of the buyer. Furthermore, it is the buyer's responsibility to ensure that the products comply with local legislative and regulatory requirements and, if necessary, to complete all formalities and/or obtain all authorisations from the local authorities that may be required for the purchase of the products.
ARTICLE 9 – ÉVALUATIONS
By accepting the General Terms and Conditions of Sale, the Buyer acknowledges that he/she has been informed that his/her personal data may be transmitted to the third party Avis Vérifiés for the purpose of collecting his/her opinion following his/her order.
Avis Vérifiés shall use the personal data of the purchasers solely within the framework of its solution and for the sole purpose of the latter. A partial response or a lack of response to this satisfaction questionnaire has no impact on the processing of orders.
Avis Vérifiés and RIVIERA CELLARS are the recipients of the personal data collected in these satisfaction questionnaires. Avis Vérifiés formally refrains from communicating to anyone personal or nominative information that would allow the buyer to be identified or that would infringe on his or her privacy.
Non-nominative data shall be used by Avis Vérifiés in accordance with the regulations in force relating to data protection and in particular Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. All information relating to the processing of your personal data is provided in our privacy policy.
ARTICLE 10 – DROIT DE RÉTRACTATION
The present clause is applicable only in the case of a distance sale falling within the scope of article L. 121-21 of the French Consumer Code, i.e. in the case of a sale of a good concluded between RIVIERA CELLARS and a consumer, without the simultaneous physical presence of the parties who use, for the conclusion of this contract, exclusively one or more distance communication techniques.
The purchaser has a period of fourteen (14) clear days from receipt of the order to exercise his/her right of withdrawal without having to justify his/her reasons or pay any penalties. The customer is only responsible for the cost of returning the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) to the following address Riviera Cellars, 548 chemin des colles, 06140 Vence, Email: info@rivieracellars.fr
Given the nature of the products offered, only products that are strictly intact, unopened, in their complete original packaging and within fourteen (14) days of receipt of the order can be returned to us.
No customer may avail himself of this right if the products ordered are by their nature likely to deteriorate or expire rapidly or if the goods have been specially made and/or personalised according to the customer's wishes.
Upon receipt of the products in the condition described above, the refund will be made using the same method of payment as the one chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another method of payment, and insofar as the refund does not incur any costs for the Customer. RIVIERA CELLARS also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that the Product has been shipped. It is recommended that the Customer make the return via a solution that allows the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate it.
ARTICLE 11 – SERVICE APRÈS-VENTE
RIVIERA CELLARS undertakes to respond as quickly as possible, and at the latest within 5 (five) days, to any order or complaint that is received. The after-sales service answers calls and letters in English or French. The customer is requested to use one of these languages in all communication.
The after-sales service can be contacted on working days by e-mail to info@rivieracellars.fr or by phone from Monday to Friday from 10am to 1pm and from 3pm to 6pm (Paris time) on 09 81 89 15 98.
ARTICLE 12 – GARANTIE LÉGALE
The customer benefits, in France, from the legal guarantee in accordance with articles 1641 to 1649 of the Civil Code and L. 211-4 and following of the Consumer Code.
As such, RIVIERA CELLARS remains liable for defects in the conformity of the goods to the contract and for redhibitory defects and defects in conformity under the conditions provided for in the aforementioned provisions. In the event of a lack of conformity, the client may choose between repairing or replacing the product.
However, RIVIERA CELLARS may not proceed according to the customer's choice if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the product or the importance of the defect. RIVIERA CELLARS is then obliged to proceed, unless this is impossible, according to the method not chosen by the customer.
If the repair and replacement of the product are impossible, the customer can return the product and have the price returned or keep the product and have part of the price returned, in accordance with the provisions of article L. 211-10 of the Consumer Code.
However, given the nature of the products offered by RIVIERA CELLARS, no guarantee can be given in relation to the taste or appearance of the products.
Unless otherwise provided for by law, RIVIERA CELLARS' liability shall in no case exceed the value of the goods invoiced.
RIVIERA CELLARS is furthermore released from its obligations in the event of the occurrence of events considered to be cases of force majeure or fortuitous events such as, and without this list being limitative, fire, flooding or any other event causing the partial or total destruction of the stock and/or supplies of RIVIERA CELLARS, strikes and lockouts, a natural disaster, a pandemic, a war.
ARTICLE 13 – DROITS DE PROPRIÉTÉ INTELLECTUELLE
The Site and each of its elements are the exclusive property of RIVIERA CELLARS and its partners. RIVIERA CELLARS is the only one entitled to use all related intellectual property rights, in particular trademarks, designs and models, logos, graphics, photographs, animations, videos, texts, copyrights and image rights, on an original basis or by express authorisation.
Any distribution, reproduction, representation or adaptation, in whole or in part, of the Site or any of its elements is prohibited, as is any alteration thereof.
The rights of use granted by RIVIERA CELLARS to the user are reserved for private and personal use. Any other use by the user is prohibited without the express written authorization of RIVIERA CELLARS.
The user agrees not to modify, copy, reproduce, download, broadcast, transmit, exploit and/or distribute in any way whatsoever any element of the Site, including the computer codes of the elements composing it.
All trademarks mentioned or used on the Site are the exclusive property of their respective owners.
ARTICLE 14 – RESPONSABILITÉS
RIVIERA CELLARS cannot be held responsible for direct or indirect damages, losses or expenses resulting from the use of the Site, or the impossibility of using it, or from a malfunction, an interruption due to maintenance or any other cause, a virus, or a connection, line or system problem.
Site Content RIVIERA CELLARS makes every effort to ensure that the information accessible through its Site is accurate. However, RIVIERA CELLARS does not guarantee in any way that this information is accurate, complete and up-to-date.
Under no circumstances may RIVIERA CELLARS be held responsible for any direct or indirect damage, of any nature whatsoever, resulting from the use of its Site and/or its temporary inaccessibility due to technical reasons.
The information on the Site as well as the photos or representations are only indicative and neither their content nor their accuracy can be guaranteed. This information is not contractually binding on RIVIERA CELLARS.
RIVIERA CELLARS declines all responsibility for decisions that may be made on the basis of this information.
The content of the Site is subject to change without notice.
External links
RIVIERA CELLARS declines all responsibility for the content available on other Internet sites to which links exist. Access to websites linked to the Site is at the user's own risk.
RIVIERA CELLARS also declines all responsibility for the information and content of third-party sites to which links are provided to the Site.
ARTICLE 15 – DROIT APPLICABLE ET MÉDIATION
Applicable law, disputes and disagreements
The general terms and conditions are governed by French law, and applied and interpreted in accordance with this law. In the event of a dispute in relation to the general terms and conditions, the Parties attribute exclusive jurisdiction to the French courts, and specifically to the courts of Grasse, to hear it, in all cases where the provisions in force allow it. For all intents and purposes, it is expressly stipulated that the above jurisdiction clause does not apply to a French consumer.
Protection of minors
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Customer declares and undertakes to be at least 18 years old on the date of the order.
Health warning
Alcohol abuse is dangerous for your health, consume with moderation.
Entire agreement
The parties expressly declare that the general terms and conditions express their entire agreement with regard to their subject matter and that they cancel and replace all previous agreements between them in relation to this subject matter.
Independence, adaptation and modification
If any provision of the general terms and conditions is invalid, the provision in question shall not be applied, but the other provisions of the general terms and conditions shall remain in force.
Computation of time limits
Time limits are calculated in accordance with Articles 640 to 642 of the French Code of Civil Procedure.
Translation
We have drafted these terms and conditions to make them clear and understandable to all our clients. We provide our clients with an English translation of our general terms and conditions. We have taken great care to ensure that this translation is consistent with the official versions of the terms and conditions. However, it is possible that certain provisions are open to interpretation and lead to ambiguity. In case of ambiguity, the official French version will be the only correct and primary version.
Consumer mediation
According to Article L.612-1 of the Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation mechanism".
In this respect, in the context of a dispute which has not been resolved amicably, within one year of his written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, to :
SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
https://sasmediationsolution-conso.fr
It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
(Last updated on 11/08/2022)
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