Refund policy

RETURN, REFUND AND WITHDRAWAL POLICY

ARTICLE 1. PARTIES

This return, refund and withdrawal policy applies between SARL MAISON ALBERT BICHOT, share capital: €5,000,000, registered with the Trade and Companies Register (RCS) of Beaune, France on 01/01/2011, under number Dijon B 306 906 728, registered office: 6 Bd Jacques Copeau, 21200 Beaune, FR, telephone: +33 3 80 24 37 37, email: bourgogne@albert-bichot.com, intra-community VAT number: FR76306906728, hereinafter "the Publisher", and any natural or legal person, governed by private or public law, registered on the Site to purchase a Product, hereinafter "the Customer".

ARTICLE 2. DEFINITIONS

"Customer": any natural or legal person, governed by private or public law, registered on the Site.

"Site Content": all elements of any nature published on the Site, whether or not protected by intellectual property rights, such as text, images, designs, presentations, videos, diagrams, structures, databases or software.

"The Publisher": SARL MAISON ALBERT BICHOT, acting in its capacity as publisher of the Site.

"User": any natural or legal person, governed by private or public law, connecting to the Site.

"Product": any goods of any kind sold on the Site by the Publisher to Customers.

"Site": the website accessible at boutique.albert-bichot.com, as well as any related sub-sites, mirror sites, portals and URL variations.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely and openly accessible to any User. Browsing the Site implies acceptance by any User of these general terms and conditions. Simply connecting to the Site, by any means whatsoever, including via a robot or browser, constitutes full and complete acceptance of these general terms and conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

By doing so, the User acknowledges having fully read and accepted them without restriction.

Checking the aforementioned box shall be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

These general terms and conditions apply to the relationship between the parties, to the exclusion of any other terms, in particular those of the User.

Acceptance of these general terms and conditions requires that Users have the necessary legal capacity to do so, or, failing that, the authorization of a guardian or trustee if they lack legal capacity, of their legal representative if they are minors, or that they hold a mandate if acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is the sale of Products to Customers.

ARTICLE 5. ORDER STAGES

5.1. Order

To place an order, Users may select one or more Products and add them to their cart. Product availability is indicated on the Site, on each item's description page. Once their order is complete, Users may access their cart by clicking the button provided for this purpose.

5.2. Order validation by the User

When viewing their cart, Users can check the number and nature of the Products they have chosen and verify their unit price as well as the total price. They may remove one or more Products from their cart.

If satisfied with their order, Users may confirm it. They will then access a form where they can either enter their login credentials if they already have an account, or register on the Site by completing the registration form with their personal information.

5.3. Payment by the Customer

Once logged in, or after fully completing the registration form, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make payment by being redirected to the secure payment interface bearing the words "order with payment obligation" or any similar wording.

5.4. Order confirmation by the Publisher

Once payment has actually been received by the Publisher, the Publisher undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same timeframe, the Publisher undertakes to send the Customer an email summarizing the order and confirming that it is being processed, including all related information.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be changed at any time by the Publisher. The displayed prices are valid only on the day of the order and have no effect for the future.

Prices shown on the Site are in euros, inclusive of all taxes, excluding delivery costs.

6.2. Payment methods

For payments by bank card, the Publisher has no access to any data relating to the Customer's payment methods. Payment is made directly with the banking institution.

In the case of payment by money order, cheque or bank transfer, delivery times only begin to run from the date the payment is received by the Publisher.

6.3. Invoicing

The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Non-payment

Agreed payment dates may not be postponed for any reason whatsoever, including in the event of a dispute.

Any sum not paid by its due date will automatically, and without formal notice, incur late payment penalties calculated at a rate equal to 3 times the legal interest rate, without this penalty affecting the enforceability of the principal sums owed.

In addition, any late payment will result in the defaulting Customer being charged collection costs of €40, the immediate payment of all remaining sums due regardless of the agreed timeframes, increased by a penalty of 20% of the amount as a penalty clause, as well as the possibility of unilaterally terminating the contract at the Customer's fault. This clause is established under the provisions of Article 1152 of the French Civil Code, which allows the judge to reduce the compensation if deemed excessive.

6.5. Retention of title

Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. COMPLAINTS - WITHDRAWAL - WARRANTY

7.1. Customer service

The Site's customer service is available Monday to Friday from 9:00 AM to 5:00 PM at the following non-premium phone number: +33 3 80 24 37 37, by email at: bourgogne@albert-bichot.com, or by post at the address indicated in Article 1 of these general terms and conditions. For the latter two methods, the Publisher undertakes to respond within 3 business days.

7.2. Right of withdrawal – Distance selling

This Article 7.2 applies to Customers who qualify as consumers within the meaning of the preliminary article of the French Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with applicable legislation on distance selling, the Customer has a period of fourteen clear days to exercise their right of withdrawal without having to justify any reason or pay any penalty, except, where applicable, for return shipping costs. Exclusions to this right of return are specified below in point 7.2.3.

The period mentioned in the previous paragraph runs from the day the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not provided on a physical medium, or from receipt of the goods by the Customer or by a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for services including the delivery of goods.

In the case of an order for several goods delivered separately, or an order for goods made up of multiple lots or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, lot or part. For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

When the fourteen-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next business day.

The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general terms and conditions, by means of an unambiguous statement.

For example, the Customer may send an email via the contact form (https://boutique.hospices-beaune.com/pages/contact), specifying the order number(s) concerned, as well as their physical address, phone number and email address. The Publisher will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.

7.2.2. Effects of the right of withdrawal

The Customer shall return the products to the Publisher, or to any person designated by the Publisher, without undue delay and, at the latest, within fourteen days of communicating their decision to withdraw.

When the right of withdrawal is exercised, the Publisher is required to refund the Customer the full amount paid, as soon as possible and at the latest within fourteen days from the date on which this right was exercised. Where applicable, the Publisher may delay the refund until the Products have been returned or until the Customer has provided proof of shipment of the Products, whichever occurs first. Beyond this period, the amount due will automatically bear interest at the legal rate in effect, as specified in Article L. 242-4 of the French Consumer Code.

Where applicable, the Publisher will issue the refund using the same payment method as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method, provided this does not incur additional costs for the Customer. However, the Publisher is not required to reimburse additional costs if the Customer expressly chose a more expensive delivery method than the standard delivery method offered.

Direct return shipping costs are borne by the Customer. These costs are estimated at a maximum of €115 if, due to its nature, the Product cannot normally be returned by post.

The Customer's liability is only engaged with respect to any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general terms and conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

• for the supply of services fully performed before the end of the withdrawal period, the performance of which began with the Customer's prior express consent and express waiver of their right of withdrawal;
• for the supply of goods made to the Customer's specifications or clearly personalized;
• for the supply of goods liable to deteriorate or expire rapidly;
• for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for hygiene or health protection reasons;
• for the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value, as agreed at the conclusion of the contract, depends on market fluctuations beyond the Publisher's control. This is specifically the case for wines from the Hospices de Beaune and Hospices de Nuits-Saint-Georges sold "en primeur" at auction, and wines from Maison Albert Bichot and its Domaines sold "en primeur";
• concluded at a public auction;
• for accommodation services other than residential accommodation, goods transport services, car rental, catering or leisure activities to be provided on a specific date or during a specific period;

Likewise, the right of withdrawal does not apply to contracts that have been fully performed by both parties at the Customer's express request before the Customer exercises their right of withdrawal.

When confirming an order for a service, the Customer's waiver of the right of withdrawal will be expressed by checking the box corresponding to the following statement: "I expressly waive my 14-day right of withdrawal for services I would benefit from before this period has elapsed." The Customer will then receive an email confirmation of this waiver of the right of withdrawal.

A Customer who exercises their right of withdrawal from a service contract whose performance began, at their express request, before the end of the withdrawal period, shall pay the Publisher an amount corresponding to the service provided up until the communication of their decision to withdraw, this amount being proportional to the total price agreed in the contract.

7.3. Termination of the contract at the Customer's initiative

The consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date for the goods is exceeded by more than seven days. The Customer will then be refunded the amounts paid when placing the order.

This clause does not apply if the delivery delay is due to a case of force majeure. In such a case, the Customer agrees not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.

7.4. Warranties

7.4.1. Warranty against apparent defects

It is the Customer's responsibility to check the condition of the Products upon delivery. This check must in particular cover the quality, quantities and references of the Products as well as their conformity with the order. No claim will be accepted after a period of three days from delivery. In any case, any claim concerning delivered parcels will only be accepted if the Customer, acting as a merchant, has made reservations with the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.

7.4.2. Warranty against hidden defects

7.4.2.1. Legal warranties

Customers benefit from a legal warranty of conformity of delivery (Article 1604 of the French Civil Code), a legal warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), and a safety warranty (Articles 1245 et seq. of the French Civil Code).

Customers who qualify as consumers also benefit from a legal warranty of conformity (Articles L. 217-4 et seq. of the French Consumer Code).

7.4.2.2. Contractual warranty

In addition to the legal warranty, Products benefit from a contractual warranty of conformity within French territory, valid for 1 year from delivery of the Product.

7.4.2.3. Returns

To make use of the warranty, the Customer must return the product to the Publisher's registered office address, accompanied by an explanatory letter requesting either repair, exchange, or refund.

In all cases, the Customer is requested to follow the Publisher's instructions precisely regarding the return of Products.

Return shipping costs remain the Customer's responsibility, except for consumer Customers invoking the warranty of conformity under Articles L. 217-4 et seq. of the French Consumer Code.

The consumer Customer has a period of 2 years from delivery of the goods to take action against the seller. In this respect, they may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following delivery of said Product, except for second-hand goods.

Where applicable, the legal warranty of conformity applies independently of the commercial warranty. When the consumer Customer decides to invoke the warranty against hidden defects, they may choose between rescission of the sale or a reduction in the sale price.

ARTICLE 8. FINAL PROVISIONS

8.1. Applicable law

These general terms and conditions are governed by French law.

8.2. Amendments to these general terms and conditions

These general terms and conditions may be amended at any time by the Publisher. The general terms and conditions applicable to the Customer are those in effect on the day of their order or connection to this Site, with any new connection to the personal account constituting acceptance of the new general terms and conditions, where applicable.

8.3. Disputes

Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a consumer Customer that may arise in connection with the performance of these general terms and conditions, and for which no amicable solution could be found between the parties beforehand, must be submitted [to mediation].

In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Since January 1, 2016, mediation has been mandatory for all. Accordingly, any business selling to private individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether sales are made remotely or in a physical store (Source: FEVAD).

8.4. Severability

The nullity of one of the clauses of this contract shall not result in the nullity of the other clauses of the contract, or of the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the void clause with a valid clause corresponding to the spirit and purpose of these terms.

8.5. No waiver

The Publisher's failure to exercise any of the rights granted to it under these terms shall under no circumstances be interpreted as a waiver of its right to assert such rights.

8.6. Telephone solicitation

The Customer is informed that they have the option to register on the list opposing telephone solicitation at http://www.bloctel.gouv.fr/.

8.7. Language of these general terms and conditions

These general terms and conditions are provided in French.

8.8. Unfair terms

The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the French Consumer Code regarding unfair terms in contracts concluded between a business and a consumer.