Terms and Conditions
These general conditions of sale are concluded between, on the one hand, the company Birdie SARL (ma-cuvee.fr) with a capital of 5000 Euros registered in the Reims Trade and Companies Register under number 521 423 251 whose registered office is 8 rue Clovis 51100 REIMS with a sales activity which offers a remote sale service for personalized champagne bottles by internet on the website https://www.ma-cuvee.fr of which it is owner and manager.
And, on the other hand, individuals or legal entities (hereinafter referred to as the Customer) wishing to make a purchase via Birdie's website https://www.ma-cuvee.fr
The parties agree that their relationship will be governed exclusively by this contract, excluding any conditions previously available on the site.
The Customer declares that he/she has read the following provisions before placing an order for the products.
Article 1: Purpose of the contract
These general terms and conditions of sale are intended to define the terms and conditions applicable to the commercial relationship between Birdie and the Customer, from the order to the services, including payment and delivery.
These general terms and conditions of sale may only be modified by Birdie.
Article 2: Legal majority
The Client declares that he/she has the capacity to conclude this contract, i.e. to have reached the legal age of majority and not to be under guardianship or tutelage.
Article 3: Registration of the order
Any order on the www.ma-cuvee.fr website requires the Customer's agreement to these general terms and conditions of sale, these provisions, which can be read on the home page of the www.ma-cuvee.fr website using a hypertext link, can be consulted at any time.
On the website www.ma-cuvee.fr, the order validation process is carried out by successive data entry allowing the Customer to make any changes to his order before the final summary and final registration of the order.
In order to allow the Customer to return to his order to check its content and correct any errors, "ma-cuvée" has created several validation and acceptance screens.
The order will only be definitively registered at the third and last validation of the summary screen of the order and the total price of this order. This last "click" is assimilated to the handwritten signature referred to in article 1341 of the French Civil Code, called the "acceptance click".
Any order implies acceptance of the prices and description of the products available for sale. "ma-cuvée" undertakes to honour orders received on its website only within the limits of available stocks of products. If the product is not available, "ma-cuvée" undertakes to inform the Customer as soon as possible.
Article 4: Confirmation of the order
As soon as SARL Birdie receives the order, an electronic message is sent to the Client by "ma-cuvée" to confirm that his order has been taken into account. By keeping this electronic message and/or printing it, the Customer holds proof of his order that "my-cuvée" recommends he keep.
The delivery period begins to run from the date of the order, if it is placed before 12 noon and if it is a working day.
If the order is placed after 12 noon and if it is a business day, the delivery time starts on the business day following the date of the order.
In the event of a stock shortage, "ma-cuvée" will contact the Customer within three working days of sending the confirmation e-mail to propose to him, what the Customer already accepts, either a new deadline for receipt or the cancellation of the order.
Article 5: Prices, payment and invoicing
The prices of the products are indicated in CHF including VAT (all taxes included) for deliveries to Switzerland and in euros including VAT (all taxes included) for deliveries to other countries, excluding shipping costs. The shipping costs indicated in Article 9 of these general terms and conditions of sale are to be borne by the Customer (unless otherwise specified or specific conditions).
Any change in the VAT rate will be automatically reflected in the price of the products.
The accepted payment method is by credit card.
The product invoice will be sent to the Customer by e-mail.
The Customer's account will only be debited for the amount of the ordered products that are actually shipped.
Article 6: Payment terms
The Customer must pay the price of the ordered products in euros or CHF to "ma-cuvée".
The payment of an order can be made:
By credit card: (Carte Bleue, Visa, Eurocard, Mastercard accepted in France) The validation of the order by credit card is worth mandate to pay the price including all taxes of the order. The order takes effect upon payment validated by CB.
By bank transfer: To pay for your purchases by bank transfer, simply select "bank transfer" in our order form.
You must then send us your transfer within 7 days, accompanied imperatively by your order number to allow us to identify it.
If payment has not been received within 7 days, the order will be cancelled.
Article 7: Security of transactions
In order to optimize the security of Internet transactions, an online payment system is offered to the Customer that encrypts the Customer's credit card number.
The payment method offered by "ma-cuvée" is a secure SSL (Secure Socket Layer) payment method, which is a standard payment protocol recognized worldwide for the protection of data transmitted over the Internet. It is available on almost all browsers (Microsoft Internet Explorer V3.02 and following, Netscape Navigator V1.1 and following, Mozilla Firefox, Apple Safari).
The data provided by the Customer on his credit card (number, expiry date, etc.....) are encrypted before sending his workstation to the payment server. However, the guarantees granted by "ma-cuvée" with regard to transaction security are identical to those obtained by "ma-cuvée" from software manufacturers.
Article 8: Signature and proof
The online provision of the credit card number and the final validation of the order shall be deemed proof of the entirety of the said order in accordance with the provisions of Law No. 2000-230 of 13 March 2000 and shall be deemed payable for the sums incurred by the seizure of the products appearing on the order form.
This validation is equivalent to signature and express acceptance of all operations carried out on the site.
Article 9: Delivery
The Customer has the choice to be delivered:
- Either at home
- Either at an address other than that of his invoice.
"my-cuvée" undertakes to deliver the ordered items as soon as possible.
9.1. Shipping costs
The ordered products will be delivered to the address indicated by the Customer.
Shipping costs that are in addition to the price of the products are the responsibility of the Customer.
9.2. Delivery time
Except in cases of force majeure, "ma-cuvée" undertakes, within the limits of available stocks, to deliver the products as soon as possible. The delivery period runs from the date of registration of the order, as indicated in Article 4 of these general terms and conditions of sale.
9.3 Delivery area
"ma-cuvée" undertakes to deliver the products offered for sale on its website in metropolitan France + Corsica and in the various EU countries.
Article 10: Verification of delivered products
The Customer is required to check the condition of the packaging and the conformity of the products delivered.
Any complaint about apparent defects or non-conformity of the delivered products must be reported by the Customer, within three working days from the date of receipt of the product by the Customer by sending :
- Either a registered letter with acknowledgement of receipt to "ma-cuvée" 8 rue Clovis 51100 REIMS France;
- Either an e-mail to email@example.com
In the absence of a complaint made within the aforementioned period, the products delivered will be deemed to be in conformity and accepted by the Customer.
No product may be refunded until it has been reshipped and received by "ma-cuvée" in good condition, as delivered by "ma-cuvée". In particular, the product must not be unsealed.
Before returning the product to "my-cuvée", the Customer must contact "my-cuvée" by e-mail.
Article 11 : Customer's withdrawal period
As our production is personalized, it is not possible to accept any cancellation or modification after a period of 24 hours after the order has been sent.
Our goods collected from the champagne house, travel at the risk and peril of the recipient, who must note the number and condition on arrival and exercise any recourse with the carrier responsible by registered letter with AR within 48 hours. After this period, as the insurances refuse any coverage, we do not accept any exchanges or repairs free of charge.
Excerpt from Article L121-20-2 Amended by Ordinance No. 2005-648 of 6 June 2005 - art. 1 JORF 7 June 2005 in force on 1 December 2005
The right of withdrawal may not be exercised, unless the parties have agreed otherwise, for contracts:
- 3° The supply of goods made to the consumer's specifications or clearly personalised or which, because of their nature, cannot be reshipped or are likely to deteriorate or expire quickly.
Article 12: Retention of title
"ma-cuvée" expressly reserves ownership of the products delivered until full payment of their price in principal and interest. The mere delivery of a payment voucher does not constitute a payment. The above provisions do not prevent the transfer to the Client of the risks of loss or damage. In the absence of full payment, "ma-cuvée" shall be entitled to demand the return of the delivered product. The costs that may be incurred for this return will be borne by the Customer.
Article 13: Warranty and after-sales service
In any case, the Customer benefits from the guarantee against hidden defects: thus, in the event of a manufacturing defect in the product making it unsuitable for its use, the Customer may contact the "ma-cuvée" after-sales service: - Or by sending an e-mail to: firstname.lastname@example.org - Or by sending a registered letter with acknowledgement of receipt to "ma-cuvée" 8 rue Clovis 51100 REIMS France.
Article 15: Duration
These general terms and conditions of sale apply throughout the duration of the online availability of the products offered by "ma-cuvée".
Article 16 : Evidence
The computerized records, kept in all the computer systems of "ma-cuvée" and its partners under reasonable security conditions will be considered as proof of communications, orders and payments made between the parties.
Article 17: Preservation and archiving of transactions
The archiving of purchase orders and invoices is carried out on a reliable and durable medium in order to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code. Upon request to "my-cuvée", the Client may obtain a copy of the documents archived by "my-cuvée".
Article 18 : Liability
"my-cuvée" has, for all the steps of access to the site, of the ordering process, only an obligation of means. "my-cuvée" cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses, or any event qualified as force majeure.
In addition, "my-cuvée" shall not be held liable for cases where these general terms and conditions of sale could not have been executed when the non-performance or improper performance of this contract is attributable to:
- to the buyer,
- the unpredictable and insurmountable fact that a third party outside the provision of the services provided for in the contract is involved,
- to a case of force majeure.
Article 19 : Force majeure
"my-cuvée" declines responsibility for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, and in general any event that does not allow the proper execution of orders.
Article 20: Intellectual property
All elements of the "ma-cuvée" site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks and patents.
Any natural or legal person who has a website and who wishes to place a simple link on his website to the home page of the "my-cuvée" website, must request permission from "my-cuvée".
Any hypertext link to the "ma-cuvée" site using the framing or in-line technique is strictly prohibited.
In any case, any link, even tacitly authorized by "my-cuvée", must be removed upon simple request by "my-cuvée".
Article 21 : Good death and respect for public order
Birdie reserves the right not to honour orders that violate public order or morality. You declare that you own all the rights to the photos, texts and names printed on the label at your request.
In any event, Birdie's liability is limited to the total amount before tax paid by the Customer in respect of the Order.
Article 22: Applicable law and jurisdiction
These terms and conditions are translated into English for information purposes only. Subject to French law. The language of these general terms and conditions of sale is the French language.
In the event of a dispute relating to the interpretation or application of these general terms and conditions of sale, the parties shall, as far as possible, try to resolve their dispute amicably.
In the event of failure of these attempts, any disputes arising from these general terms and conditions of sale must be brought, even in the event of multiple defendants or guarantee calls, before the competent courts of Reims, even for emergency proceedings or protective proceedings in summary proceedings or by request.