These General Conditions of Sale (below the “General Conditions of Sale” or the “GCS”) apply to any user, whether an individual or a legal entity (below the “USER”), browsing or using the website https://www.cashiswine.fr/en/  (below the “WEBSITE”) of the company WINE DESTOCK, registered under the number 879909323, head office at 50 rue Robert – 51450 BETHENY, France (below “CASHISWINE”).

THE PRESENT CGV CAN BE CONSULTED AND DOWNLOADED FROM THE URL ADDRESS HTTPS://WWW.CASHISWINE.FR/GCS

PREAMBLE

Through the WEBSITE https://www.cashiswine.fr/en/ CASHISWINE offers French mature wines for sale to individuals and professionals.

The purpose of these General Terms and Conditions of Sale is to govern the sale and DELIVERY of ITEMS ordered from CASHISWINE via the WEBSITE. They are accessible and printable at any time via a hypertext link available on the WEBSITE’s home page in the footer.

The other services offered on the WEBSITE, and in particular the purchase of PRODUCTS by CASHISWINE, are not governed by these GCS, but by the WEBSITE’s General Conditions of Use, which can be accessed at the following address : https://www.cashiswine.fr/gcu

These terms are effective as of March 3, 2023 for all registered users for an indefinite period.

IMPORTANT

Any ORDER placed on the SITE necessarily implies the CUSTOMER’s unreserved acceptance of these General Conditions.

ARTICLE 1. DEFINITIONS

The terms used below have the following meaning in these General Conditions :

“ITEMS” : refers to all PRODUCTS sold by CASHISWINE and offered for sale on the WEBSITE. The ITEMS referenced are second-hand or new from destocking.

“GENERAL CONDITIONS OF SALE (or GCS)” : means the present contractual terms and conditions made available on the WEBSITE to govern the sales made from the WEBSITE by any USER.

“CUSTOMER” : refers to CASHISWINE’s co-contractor who purchases on the WEBSITE. The CUSTOMER guarantees that he/she is a consumer as defined in the first article of the French Consumer Code. It is expressly provided that CUSTOMERS may be professionals provided that they have declared themselves as such on the WEBSITE at the time of their registration, whether within or outside the framework of any usual or commercial activity.

“USER” : refers to any natural or legal person who accesses and browses the WEBSITE.

“PARTS” : refers to both the USER and CASHISWINE.

“PRODUCT” : refers to all mature wines sold on the WEBSITE.

“ORDER” : shall designate the purchase of ITEMS by a CUSTOMER from CASHISWINE.

“ACCOUNT” : refers to the interface in which all of the data provided by the CUSTOMER is grouped together, hosted on the WEBSITE. Access to the ACCOUNT is made through the CUSTOMER’s IDENTIFIERS.

“LOGIN” : means the email address and password required to access the CUSTOMER’s ACCOUNT on the WEBSITE.

“DELIVERY” : transfer to the CUSTOMER of the ORDER in his physical possession at the delivery address indicated.

“TERRITORY” : means metropolitan France, Corsica, the United Kingdom, Switzerland and the countries of the European Union.

“WEBSITE” : shall designate the Internet site accessible at the following address : https://www.cashiswine.fr/en/

ARTICLE 2. OBJECT

The purpose of these General Conditions is to set forth the contractual provisions relating to the respective rights and obligations of CASHISWINE and the CUSTOMER in the context of the sale of ITEMS.

The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and professionals declared as such.

ARTICLE 3. ACCEPTANCE OF GCS

The CUSTOMER agrees to carefully read and accept these General Conditions of Sale before proceeding with the payment of an ITEM ORDER placed on the WEBSITE.

Acceptance of these General Conditions of Sale is evidenced by the CUSTOMER’s express consent when creating his/her ACCOUNT by clicking on “By checking this box, I declare that I have read and accept the General Conditions of Sale without reservation”.

The present General Conditions of Sale are referenced at the bottom of each page of the WEBSITE by means of a hypertext link. The CUSTOMER is invited to read them carefully, print them and keep a copy.

CASHISWINE advises the CUSTOMER to read the General Conditions of Sale with each new ORDER, the latest version of the said General Terms Conditions of Sale being applicable to all new ORDERS of ITEMS.

ARTICLE 4. TECHNICAL SPECIFICATIONS

By using the WEBSITE, the USER acknowledges that he/she has the necessary means and skills to use the WEBSITE.

The equipment required to access and use the WEBSITE is at the USER’s expense, as are the telecommunications costs incurred by their use.

ARTICLE 5. CASHISWINE’S ROLE

CASHISWINE offers certain features to USERS through the WEBSITE.

In this respect, CASHISWINE does not act in their name or on their behalf and is therefore not involved in any way in the relationships that may arise between USERS.

ARTICLE 6. CONDITIONS OF ACCESS TO SERVICES – MEMBER REGISTRATION

6.1. Quality of MEMBER

Natural persons of legal age and capacity, or with the authorization of their legal representatives, may register to become a CUSTOMER.

Legal entities (professional sellers) may register to become a CUSTOMER. When registering on the WEBSITE, or even afterwards if he changes his status after registration, the professional seller must indicate to CASHISWINE that he is acting as a professional.

6.2. Conditions of registration

Registration on the WEBSITE as a MEMBER is free.

To register, the USER wishing to become a CUSTOMER is invited to follow the steps listed below :

  • Click on the “Account” tab.
  • Complete the registration form available on the WEBSITE to provide the following mandatory information: email address, password and password confirmation. These elements will be the MEMBER’s LOGIN.
  • The MEMBER has the possibility to complete the personal information via his ACCOUNT. CASHISWINE does not encourage the consumption of alcohol. CASHISWINE does not ask USERS for their preference in wine but only to provide answers to technical questions.

The MEMBER undertakes to provide CASHISWINE with accurate, loyal and up-to-date data, which do not infringe, in any way whatsoever, the rights of third parties.

The MEMBER commits himself to communicate to CASHISWINE any necessary update of the data communicated during his registration.

6.3. LOGIN Management

The MEMBER will receive the confirmation of his registration at the email address given in his registration form.

Once registered, the MEMBER will have to go on the WEBSITE and connect with his LOGIN.

The MEMBER will be able to modify his password at any time, via the tab ” My Account ” by clicking on ” modify my password “.

In case of loss or forget of the password, the MEMBER will be able to click at any time on the link “Lost password?” on the connection page to his CASHISWINE account. He will receive by email the procedure to follow to reset your password.

CASHISWINE undertakes not to communicate this password. It is up to the MEMBER to ensure the confidentiality of his LOGIN. Any connection to the MEMBER’s ACCOUNT from his LOGIN will be presumed to have been made by the MEMBER himself, who accepts the responsibility.

Any MEMBER who would have knowledge of a fraudulent use of his LOGIN will have to inform CASHISWINE as soon as possible at the address contact@cashiswine.fr. His negligence in communicating this alert to CASHISWINE could be blamed on him.

The creation of an ACCOUNT requires the provision of a valid email address.

The MEMBER agrees to create only one ACCOUNT per household and per business entity on the WEBSITE. CASHISWINE declines all responsibility for the damaging consequences that would result from the use of multiple ACCOUNTS for a single MEMBER.

The MEMBER is entirely responsible for the accuracy and the updating of the data communicated in the context of the opening and management of his ACCOUNT.

CASHISWINE reserves the discretionary right to refuse the registration of a MEMBER who would not be in conformity with the spirit of the WEBSITE or who would contravene the image of CASHISWINE, and this without it being possible to engage its responsibility in any way whatsoever.

6.4. Unregistering a MEMBER

The MEMBER is free at any time to delete his ACCOUNT, without justification, by sending an email to the following address : contact@cashiswine.fr

The account will be deleted within a maximum of 14 days.

ARTICLE 7. PROFILE MANAGEMENT

Through his profile, the MEMBER has the possibility to manage the following elements :

  • Update your personal information via the “my ACCOUNT” tab.
  • Tracking of ORDERS for ITEMS purchased on the WEBSITE, in accordance with the GCS accessible on the following link: https://www.cashiswine.fr/gcs, via the “My Orders” tab.
  • Tracking of the WINE PACK.
  • Tracking of payments upon acceptance of the WINE PACK via the “My Payments” tab.

ARTICLE 8. PURCHASE OF ITEMS ON THE SITE

In order to purchase an ITEM, the CUSTOMER must be at least 18 years old and have legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.

The CUSTOMER will be asked to provide information enabling him/her to be identified by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in for the CUSTOMER’s ORDER to be processed by CASHISWINE. The CUSTOMER can check the status of his ORDER on the WEBSITE by logging into his ACCOUNT.

The tracking of DELIVERIES can, if necessary, be carried out by using the online tracking tools of certain carriers. The CUSTOMER may also contact CASHISWINE’s sales department at any time by e-mail at sav@cashiswine.fr  to obtain information on the status of his ORDER.

The information that the CUSTOMER provides to CASHISWINE when placing an ORDER must be complete, accurate and up-to-date. CASHISWINE reserves the right to ask the CUSTOMER to confirm, by any appropriate means, its identity, eligibility and the information provided.

ARTICLE 9. REGULATIONS ON THE CONSUMPTION OF ALCOHOL

In any event, it is understood that CASHISWINE is aimed at USERS who are potential “consumers”.

CASHISWINE undertakes to restrict access to the WEBSITE to persons of legal age (age restriction on the home page), to respect the rules in force on the sale and consumption of alcohol in the countries where the site is accessible.

In the countries where the site is accessible, CASHISWINE undertakes to comply with the rules in force governing advertising media and their content and to display the mandatory message reminding us of the risks of alcohol abuse at the bottom of each page, as well as on content that highlights bottles of wine.

ARTICLE 10. ORDERS

CASHISWINE mainly offers for sale mature wines with the vintage year and less than 40 years old.

10.1. Features of the ITEMS

On the WEBSITE, the ITEMS are classified according to the following categories :

  • Appellation
  • Vintage
  • Price

All the ITEMS sold on the WEBSITE by CASHISWINE are second-hand PRODUCTS bought back from individuals and new PRODUCTS from destocking.

The catalog of PRODUCTS is updated daily. CASHISWINE adds ITEMS every day according to their arrival.

CASHISWINE is committed to offering only PRODUCTS that have been scrupulously selected by hand one by one by our experts in order to guarantee “very good condition”. This verification is done visually according to our quality criteria in order to detect any alteration of the content. We are extremely vigilant about the quality of the wines we put back on sale.

PRODUCTS with one or more defects on the container and/or alteration of the content will be sold on the WEBSITE in a specific section for downgraded PRODUCTS.

The quality of a wine is a subjective data specific to each individual. We cannot guarantee that the content will perfectly match the taste of the person purchasing it.

CASHISWINE undertakes to present on the WEBSITE, the essential characteristics of the ITEMS and the mandatory information that the CUSTOMER must receive under the applicable law.

The CUSTOMER agrees to read this information carefully before placing an ORDER on the WEBSITE. All ITEMS sold by CASHISWINE comply with current French legislation.

10.2. Procedure of ORDER

ORDERS for ITEMS are placed directly on the WEBSITE. To place an ORDER, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s home page, the steps may differ slightly).

10.2.1. ITEMS selection

The CUSTOMER shall select the PRODUCTS of his choice by clicking on the PRODUCTS concerned to add it to the cart.

Once the PRODUCT is selected, it is placed in the CUSTOMER’s shopping cart. The CUSTOMER has the option to continue shopping on the WEBSITE or to place his ORDER.

At this stage, if the CUSTOMER decides to continue shopping on the WEBSITE, the PRODUCTS placed in his Shopping Cart will not be reserved for him. If another CUSTOMER selects the PRODUCT and proceeds to its payment before him, the ITEM will no longer be available.

The CUSTOMER can add to his cart as many PRODUCTS as he wishes.

10.2.2. Availability of ITEMS

CASHISWINE undertakes to deliver the ITEMS on the date or within the period indicated to the CUSTOMER, unless otherwise agreed between the CUSTOMER and CASHISWINE.

All ORDERS are accepted within the limits of available stocks. CASHISWINE informs its CUSTOMERS of the availability of the ITEMS sold on the WEBSITE on the detailed information page of each ITEM.

Despite our best efforts, it is possible that a very small number of the thousands of ITEMS listed on the WEBSITE may contain an error in the quantity available or in the price. If, despite our vigilance, the ITEMS ordered are unavailable, CASHISWINE will inform the CUSTOMERS by email as soon as possible to agree on the tracking to the ORDER : partial continuation, modification or total cancellation. If, despite our vigilance, the ITEMS ordered contain a price error, CASHISWINE will proceed to check the prices during the process of sending the ITEM. If the corrected price is higher than the price displayed on the WEBSITE, CASHISWINE will inform the CUSTOMER beforehand and proceed to cancel the ORDER unless the CUSTOMER chooses to accept the ORDER at the new price.

Any payment by credit card shall be debited at the time of validation of the ORDER. Therefore, in the event that an ITEM is no longer available or invalidated by the CUSTOMER, and no replacement ITEM is suitable, a refund transfer will be made.

Only available PRODUCTS are offered on the WEBSITE. If the ITEMS placed in the shopping cart disappear during the purchase process or during a subsequent visit, it is because they have been purchased by another CUSTOMER. It is not possible to pay for an ITEM that is no longer available.

In this respect, it is specified that as long as the CUSTOMER has not paid for his ORDER, the ITEMS are not reserved for him. Thus, it is possible that between the time the CUSTOMER selects it and wishes to proceed to payment, the PRODUCT is no longer available.

In any case, if the unavailability was not indicated at the time of the ORDER, CASHISWINE undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable and to refund the item before the package is shipped.

10.2.3. ORDER

The prices of the PRODUCTS on the WEBSITE are in euros, all taxes included.

There is no minimum or maximum amount to order on the WEBSITE.

The WEBSITE is intended for customers in metropolitan France but also for customers in the European Union, the United Kingdom and Switzerland. For orders placed by foreign customers, the currency remains the euro and the delivery times to destinations other than France are variable. They cannot be communicated at the time of the order. It is not possible to make purchases free of VAT and in suspension of duties for foreign customers.

The WEBSITE does not address customers from French overseas departments and regions and overseas communities.

Once the PRODUCTS have been placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of his ORDER are correct. If the CUSTOMER has not yet done so, he/she will be invited to identify himself/herself or to register.

At this stage, the CUSTOMER will see the details of the basket and the total price.

Shipments will be made only with Chronopost.

If necessary, the CUSTOMER may indicate his or her voucher and/or discount voucher. The code is applied immediately after clicking on “Apply” and the amount of the ORDER is modified.

No discount (voucher and/or coupon) can be applied after an order has been placed.

By clicking on “Next”, the CUSTOMER will be able to complete the delivery details.

After clicking on “Save”, the CUSTOMER is invited to check the content of his ORDER (the references of the PRODUCTS ordered, the delivery address, the delivery method and the price), and to correct any errors before validating its content.

At this stage, the CUSTOMER will choose his “Payment Method”.

After having read and accepted the General Terms and Conditions of Sale, the CUSTOMER can click on “I confirm my ORDER”.

The CUSTOMER can then proceed to the secure payment of the PRODUCTS by following the instructions on the WEBSITE.

No modification of the order is possible from the moment the order has been paid.

10.2.4. Acknowledgement of receipt

Once all the steps described above are completed, a page appears on the WEBSITE to acknowledge receipt of the CUSTOMER’S ORDER. A copy of the acknowledgement of receipt of the ORDER is automatically sent to the CUSTOMER by e-mail, provided that

The e-mail address provided in the registration form is valid.

CASHISWINE does not send any confirmation of ORDER by post or fax.

10.2.5 Invoicing

During the ORDER process, the CUSTOMER will be required to enter the necessary billing information. The sign (*) will indicate the mandatory fields that must be filled in for the CUSTOMER’s ORDER to be processed by CASHISWINE.

The CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact address of the place of delivery, as well as any possible access code to the DELIVERY address.

The CUSTOMER must also specify the chosen method of payment.

Neither the ORDER form that the CUSTOMER establishes online, nor the acknowledgement of receipt of the ORDER that CASHISWINE sends to the CUSTOMER by e-mail, constitute an invoice. Whatever the method of ORDER or payment used, the CUSTOMER will be able to download its invoice from its ACCOUNT.

10.3. Date of the ORDER

The date of the ORDER is the date on which CASHISWINE acknowledges receipt of the ORDER online. The deadlines indicated on the WEBSITE only start to run from this date.

10.4. Price

Considering that the PRODUCTS come from private individuals on the one hand and that CASHISWINE acts as an intermediary without transfer of ownership on the other hand, the CUSTOMER will find on the WEBSITE, wines with prices displayed in net, i.e. not mentioning VAT.

Prices do not include shipping costs that may apply to your order. These shipping costs will be calculated and added if necessary at the time of your order according to the place of delivery.

The prices indicated on the WEBSITE may be modified in case of special offers or sales.

The prices indicated are valid, except in case of gross error. The applicable price is the one indicated on the WEBSITE on the date the ORDER is placed by the CUSTOMER.

10.5. Promotional code and voucher

To use them, you just have to enter the code during the payment of the ORDER. The prices are then automatically updated before payment.

The ORDER will then be debited with the value of the promotional code or voucher.

If the value of the promotional code or the voucher is less than the amount of the order, the CUSTOMER will be able to pay the complement by credit card or Paypal.

Any omission of use will not be applicable to paid orders.

ARTICLE 11. RIGHT OF WITHDRAWAL

The terms and conditions of the right of withdrawal are set forth in the “Withdrawal Policy”, which policy is available in Appendix 1 hereof.

ARTICLE 12. PAYMENT

12.1. Means of payment

The CUSTOMER may pay for his or her ITEMS online on the WEBSITE using the means proposed by CASHISWINE.

The following payment methods are available :

  • Bank card
  • PayPal

All banking information is encrypted and all transfers are secure.

Subject to sufficient credit, the CUSTOMER will also have the option of paying with vouchers obtained through the sale of PRODUCTS to CASHISWINE or through loyalty compensation.

If the CUSTOMER’s CASHISWINE voucher is insufficient to cover the entire payment of the ORDER, the CUSTOMER may complete the payment by credit card or by Paypal.

The CUSTOMER guarantees CASHISWINE that he/she holds all the authorizations required to use the chosen method of payment.

CASHISWINE will take all necessary measures to guarantee the security and confidentiality of the data transmitted online within the framework of the online payment on the WEBSITE. It is hereby specified that all payment information provided on the WEBSITE is transmitted to the WEBSITE’s bank and is not processed on the WEBSITE.

No payment by check, cash or bank transfer is accepted.

12.2. Payment date

In the case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the ITEMS ORDER is placed on the WEBSITE.

In case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel his ORDER for unavailable ITEMS, the refund will be made in accordance with the last paragraph of article 6.5 of these General Conditions of Sales.

12.3. Delay or refusal of payment

If the bank refuses to debit a card or other means of payment, the CUSTOMER shall contact CASHISWINE’s Customer Service in order to pay the ORDER by any other valid and secure means of payment́.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible, the ORDER will not be able to operate and the sale automatically terminated.

ARTICLE 13 : EVIDENCE AND ARCHIVING

Any contract concluded with the CUSTOMER corresponding to an ORDER amounting to more than 120 euros including tax will be archived by CASHISWINE for a period of ten (10) years. If the amount is less than this, the contract must be kept by the CUSTOMER.

CASHISWINE agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the request of the CUSTOMER.

In the event of a dispute, CASHISWINE will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.

ARTICLE 14 : TRANSFER OF OWNERSHIP

CASHISWINE is an online intermediation service that allows individuals to sell their wines.

CASHISWINE does not own the wines it sells. The MEMBERS remain the owners of the ITEMS sold and delivered until their full payment by the CUSTOMER, including in case of payment by instalments.

The above provisions do not prevent the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage of the ITEMS (article L. 216-4 of the Consumer Code).

ARTICLE 15. SHIPPING

The terms of DELIVERY of the ITEMS are set forth in the “Delivery Policy” attached hereto as Appendix 2.

CASHISWINE offers free delivery for all orders over seven hundred and ninety (790) euros in Europe and over thousand hundred and ninety (1190) euros around the world.

ARTICLE 16. PACKAGING

The ITEMS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the so-called fragile ITEMS during DELIVERY.

CUSTOMERS agree to comply with the same standards when returning ITEMS under the conditions set forth in Appendix 1 – Cancellation Policy.

ARTICLE 17. CUSTOMS CLEARANCE

The customs clearance procedure concerns exports to countries outside the European Union.

The customs clearance is conducted according to the laws of the country.

This procedure involves carrying out certain formalities and declaring, among other things, the nature of the goods exported and their value, as well as the identity of the sender and the recipient of the goods.

CASHISWINE has appointed Chronopost ® to carry out the customs clearance procedures on its own behalf. The collection of taxes is carried out directly by Chronopost ® from the customers at the time of delivery. These taxes do not appear on the invoices issued by CASHISWINE.

CAUTION : If the customer refuses to pay these taxes upon delivery, the PRODUCTS will not be delivered.

ARTICLE 18. GUARANTEES

In addition to the commercial guarantees that CASHISWINE may offer for certain ITEMS, all CUSTOMERS benefit from “legal” guarantees for all ITEMS, which are detailed below, in accordance with article L. 111-1 of the French Consumer Code.

NB: Despite all the care taken to check the PRODUCTS by CASHISWINE’s experts before putting them on sale on the WEBSITE, it is possible that the products do not meet the CLIENTS’ expectations. Taste is subjective and the judgment that each person makes on the taste of a wine is the image of his or her “oenology”: that is to say, his or her identity spectrum as a taster.

In this case, it is possible to refund, return or exchange the PRODUCTS provided that the PRODUCTS have not been opened.

18.1. Guarantee of conformity

Article L. 217-4 of the French Consumer Code: “The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.

Article L.217-5 of the Consumer Code :

“The property conforms to the contract :

  • If it is fit for the purpose ordinarily expected of similar property ;
  • If it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model ;
  • Whether it has the qualities that a purchaser may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertisinǵ or labelling ;
  • If it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter”.

CASHISWINE is liable for defects of conformity existing at the time of delivery and for defects of conformity resulting from the packaging.

The action resulting from the lack of conformity for second-hand goods is prescribed by six (6) months from the delivery of the ITEM (Article L.217-12 of the Consumer Code).

In case of lack of conformity, the CLIENT may request a refund, replacement if possible, return or exchange of the PRODUCTS. Nevertheless, in the event of a manifestly disproportionate cost resulting from the CUSTOMER’s choice of the other method, the seller reserves the right to proceed according to the method not chosen by the buyer (Article L. 217-9 of the Consumer Code).

In the event of a refund, CASHISWINE undertakes to refund the price of the ITEM within thirty (30) days of receiving the returned ITEM.

In the event of a return or exchange, the CUSTOMER undertakes to return the PRODUCTS concerned to the following address : CASHISWINE located at 50 rue Robert – 51450 BETHENY.

Finally, the CUSTOMER is exempted from proving the existence of the lack of conformity of the ITEM during the six (6) months following the delivery of the ITEM (Article L. 217-7 of the Consumer Code).

It is specified that the present legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the ITEMS.

18.2 Guarantee of hidden defects

CASHISWINE is bound by the guarantee of hidden defects in the ITEM sold which render it unfit for the use for which it was intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would only have paid a lower price for it, if he had known about them (article 1641 of the Civil Code).

This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the ITEM if it is returned and the reimbursement of a part of its price if the ITEM is not returned.

CASHISIWNE undertakes to refund the price of the ITEM within thirty (30) days of receipt of the returned ITEM and in exchange for the return of the ITEM by the CUSTOMER to the following address : CASHISWINE located at 50 rue Robert – 51450 BETHENY.

This action is prescribed by a period of two (2) years from the discovery of the defect (Article 1648, paragraph 1 of the Civil Code).

The burden of proof of the defect lies with the CLIENT.

ARTICLE 19. RESPONSIBILITY

CASHISWINE shall in no case be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his ORDER.

CASHISWINE shall not be held responsible, or considered as having failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by French jurisprudence.

CASHISWINE shall also not be held liable for damages resulting from the CUSTOMER’s fault in the context of the abnormal use of the ITEMS or in the context of the use and activities emanating from the ACCOUNT.

It is further specified that CASHISWINE does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, CASHISWINE excludes all liability for the information published therein. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.

ARTICLE 20. FORCE MAJEURE

CASHISWINE cannot be held liable if the non-performance or the delay in the performance of one of its obligations described in these GCS is due to force majeure.

Force majeure occurs in contractual matters when an event beyond the control of the debtor of the obligation, which could not be reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

In this respect, CASHISIWNE cannot be held responsible in particular in case of hacker attacks, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communication networks, as well as in case of any circumstance or event outside CASHISWINE’s control occurring after the conclusion of the GCSs and preventing their execution under normal conditions.

It is specified that, in such a situation, the CUSTOMER may not claim any compensation and may not bring any action against CASHISWINE.

In the event of the occurrence of one of the above-mentioned events, CASHISWINE will endeavour to inform the CLIENT as soon as possible.

ARTICLE 21. PERSONAL DATA

CASHISWINE collects personal data about its CUSTOMERS on the WEBSITE, including by means of cookies (see the Personal Data & Cookies Charter accessible).

ARTICLE 22. CLAIM

CASHISWINE provides CUSTOMERS with assistance which can be contacted at the following address : sav@cashiswine.fr

Any written complaint by the CUSTOMER should be sent to the following address : CASHISWINE located at 50 rue Robert – 51450 BETHENY.

ARTICLE 23. INTELLECTUAL PROPERTY

All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.

These elements are the exclusive property of CASHISWNE. Any person who publishes a website and wishes to create a direct hypertext link to the WEBSITE must request authorization from CASHISWINE in writing.

Under no circumstances will CASHISWINE’s authorization be granted on a permanent basis. This link must be removed at the request of CASHISWINE. Hypertext links to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.

Any representation or reproduction, in whole or in part, of the WEBSITE and its contents, by any means whatsoever, without the prior express authorization of CASHISWINE, is prohibited and will constitute an infringement punishable by articles L.335-2 et seq. and articles L.713-1 et seq.

Acceptance of these GCS implies recognition by the CUSTOMER of CASHISWINE’s intellectual property rights and an undertaking to respect them.

ARTICLE 24. VALIDITY OF THE GCS

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of the present General Conditions of Sale shall not affect the validity of the present General Conditions of Sale. Such a modification or decision does not authorize the CLIENTS to disregard the present Terms and Conditions of Sale.

Any conditions not expressly dealt with herein shall be governed in accordance with the usage of the retail sector, for companies whose head office is located in France.

ARTICLE 25. AMENDMENTS TO THE GCS AND GENERAL PROVISIONS

The present General Conditions of Sale apply to all purchases made online on the WEBSITE, as long as the WEBSITE is available online.

The General Conditions of Sale are dated precisely and may be modified and updated by CASHISWINE at any time without notice, in particular to adapt to legislative or regulatory changes, or to include new features. The General Conditions of Sale applicable are those in force at the time of the ORDER.

Changes to the General Conditions of Sale shall not apply to ITEMS already purchased.

The fact that one of the PARTS has not demanded the application of any clause of the present GCS, either permanently or temporarily, shall in no case be considered as a waiver of the said clause.

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of these clauses, the titles will be declared non-existent.

ARTICLE 26. JURISDICTION AND APPLICABLE LAW

THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND CASHISWINE ARE GOVERNED BY FRENCH LAW.

IN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL HAVE JURISDICTION.

Prior to any recourse to the arbitral or state judge, the CUSTOMER is invited to file a claim or a request on the European Online Dispute Resolution (ODR) platform via the following link :

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The CUSTOMER can also make this request via the French government website at the following link : https://signal.conso.gouv.fr/

If no agreement is reached, or if the CUSTOMER proves that he/she has previously attempted to resolve his/her dispute directly with CASHISWINE by means of a written complaint, an optional mediation procedure will be proposed, conducted in a spirit of loyalty and good faith, with a view to reaching an amicable agreement in the event of any dispute relating to this contract, including those concerning its validity.

In application of article L. 616-1 of the Consumer Code, CASHISWINE communicates to the consumer the contact details of the consumer mediator to which he/she belongs. The USER or the MEMBER can thus contact the following mediator: Mediation – Vivons mieux ensemble whose contact details are: mediation@vivons-mieux-ensemble.fr or 465, avenue de la Libération 54000 NANCY. The website is accessible from this link: http://www.mediation-vivons-mieux-ensemble.fr

The PART wishing to implement the mediation process must first inform the other PART by registered letter with acknowledgement of receipt, indicating the elements of the conflict.

Since mediation is not compulsory, the USER, the MEMBER or CASHISWINE may withdraw from the process at any time.

IN THE EVENT THAT MEDIATION FAILS, THE CASE WILL BE REFERRED TO THE COMPETENT COURT.

APPENDIX 1 – WITHDRAWAL POLICY

Principle of withdrawal

In accordance with Article L. 221-28 of the French Consumer Code, the CUSTOMER has the right to withdraw from the contract by returning or restituting the ITEM to CASHISWINE.

This right will result in a return obligation on the part of the CUSTOMER and a refund obligation on the part of CASHISWINE.

  • Withdrawal period

In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the ARTICLE.

In the event that the CUSTOMER has ordered several ITEMS via a single ORDER resulting in several DELIVERIES (or in the case of an ORDER for a single ITEM delivered in several batches), the withdrawal period will expire fourteen (14) days after the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last ITEM delivered.

In addition, if the CUSTOMER’s ORDER is for multiple ITEMS and if these ITEMS are delivered separately, the withdrawal period will expire fourteen (14) days after the CUSTOMER, or a third party other than the carrier and designated by the customer, takes physical possession of the last ITEM.

In all cases, the day of receipt of the ITEM does not count, the period begins to run the day after receipt.

If the withdrawal period expires on a Saturday, a Sunday or a holiday, in accordance with Article L. 221-19 of the French Consumer Code, the period will be extended until the first following working day.

  • Notification of the right of withdrawal

In accordance with Article L. 221-21 of the French Consumer Code, the CUSTOMER exercises his or her right of withdrawal by informing CASHISWINE of his or her decision to withdraw within fourteen (14) days, i.e :

  • or by means of the withdrawal form proposed below.
  • by means of an unambiguous statement (e.g., letter sent by mail with return receipt or by e-mail) to sav@cashiswine.fr or to the address of the registered office.

The mere return of the ITEM(s) to CASHISWINE is not sufficient to express the CUSTOMER’s wish to withdraw.

To exercise his right of withdrawal and in accordance with Article L. 221-21 of the Consumer Code, the CUSTOMER must go to his ACCOUNT, in the tab my ORDERS must click on “Detail” and then on “Return” to generate a return form that he will have to stick on his package and drop it off at a partner Relay Point.

This notification must be sent before the expiration of the withdrawal period.

CASHISWINE will send the CUSTOMER who has communicated his decision to withdraw a label to be printed and stuck on the package.

Effects of the withdrawal

In the event of withdrawal by the CUSTOMER, CASHISWINE undertakes to reimburse all sums paid (with the exception of any additional costs arising from the CUSTOMER’s choice of a delivery method other than the standard delivery method proposed by CASHISWINE), less the cost of return.

This reimbursement will take place without undue delay and, in any case, no later than fourteen (14) days from the day CASHISWINE receives the returned ITEM (article L.221-24 of the French Consumer Code).

CASHISIWNE may defer reimbursement until receipt of the ITEM or until the CUSTOMER has provided proof of shipment of the good, the date retained being that of the first of these facts.

CASHISWINE will proceed with the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs for the CUSTOMER.

Terms of return

The CUSTOMER must return the ITEMS within fourteen (14) days of communicating his/her decision to withdraw to the following address CASHISWINE located at 50 rue Robert – 51450 BETHENY.

This period is deemed to have been respected if the CUSTOMER returns the ITEMS before the fourteen (14) day period has expired.

Return shipping costs

When the CUSTOMER wishes to return his or her ITEM(s), the CUSTOMER shall be responsible for the return shipping costs.

However, these costs will be deducted from the refund of the returned ITEM. In other words, the CUSTOMER will not, in principle, have to advance the cost of return shipping.

Condition of the returned goods

The ITEM must be returned according to CASHISWINE’s instructions.

The CUSTOMER shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature and characteristics of the ITEM.

Exclusions from the right of withdrawal

The right of withdrawal is excluded in the cases set forth in Article L. 221-28 of the Consumer Code.

Furthermore, the “legal” guarantees shall not apply to PRODUCTS that the CUSTOMER has opened, modified or whose defects are apparent at the time of purchase.

APPENDIX 2 – SHIPPING POLICY

Delivery areas

The ITEMS offered can be delivered within the TERRITORY.

The ITEMS are shipped to the delivery address(es) that the CUSTOMER will have indicated during the ORDER process.

For orders placed by foreign customers, the currency remains the euro and delivery times to destinations other than metropolitan France are variable. They cannot be communicated at the time of the ORDER.

Shipping time

The time required to prepare an ORDER and then issue the invoice, before the ITEMS are shipped, is normally (2) working days, regardless of the destination.

An e-mail message will automatically be sent to the CUSTOMER when the ITEMS are shipped, provided that the e-mail address given in the registration form is correct.

Delivery time & costs

During the ORDER process, CASHISWINE indicates to the CUSTOMER the possible delivery times and methods for the ITEMS purchased, depending on the destination.

In the absence of any indication or agreement as to the delivery date, CASHISWINE will ship the ITEM no later than thirty (30) days after the conclusion of the contract. (article L.216-1 of the Code of consumption).

The shipping costs are calculated according to the delivery method and the place of destination. The amount of these costs will be due by the CUSTOMER in addition to the price of the purchased ITEMS. The information concerning the delays and expenses of DELIVERY are detailed on the WEBSITE.

WARNING : CASHISWINE offers free delivery for all orders over seven hundred and ninety (790) euros in Europe and over thousand hundred and ninety (1190) euros around the world.

Terms of DELIVERY

CASHISWINE propose on the WEBSITE :

  • HOME DELIVERY to the postal address provided by the CLIENT

The package will be delivered to the CUSTOMER by hand.

In case of absence, the parcel will be deposited in the mailbox if it allows it or a notice will be left in the mailbox indicating where and when to withdraw the parcel in the post office.

  • DELIVERY in Pickup Relay at the choice of the CUSTOMER

In accordance with these contractual conditions, the packages are at the disposal of the recipient for a period of 14 days, unless otherwise stated by Chronopost. Packages that have not been collected will be returned to the sender.

Thus, in case of non collection of your ORDER, in a Pickup Relay, within the time limit set by Chronopost, the package will be returned to CASHISWINE. In the event that the shipping costs have been offered to you, CASHISWINE reserves the right to withhold from the reimbursement of your ITEMS in order to cover the costs incurred for the rerouting of your parcel from the Pickup Relay to the CASHISWINE warehouse.

Delivery problems

The CUSTOMER is informed of the delivery date when he/she chooses the carrier, at the end of the online ORDER procedure, before confirming the ORDER.

It is specified that DELIVERIES will be made within thirty (30) days maximum. If the CUSTOMER fails to do so, the CUSTOMER must give CASHISWINE formal notice to deliver within a reasonable period of time, and in the event of non-delivery within this period, the CUSTOMER may terminate the contract.

CASHISWINE will refund, without undue delay after receipt of the termination letter, to the CUSTOMER the total amount paid for the ITEMS, including taxes and delivery charges, by the same method of payment used by the CUSTOMER to purchase the ITEMS.

CASHISWINE is responsible until the ITEM is DELIVERED to the CLIENT. The CUSTOMER is reminded that he/she has a period of three (3) days to notify the carrier of any damage or partial loss noted during DELIVERY.

Non withdrawal of an ORDER

Deliveries are made by La Poste (Colissimo) or Chronopost (Relais Pickup). In case of absence on the day of delivery, CUSTOMERS are notified by email and SMS directly by the carrier.

Orders are kept by the carrier for 14 days (10 days during sales and Christmas) before being returned to CASHISWINE if the CUSTOMERS do not pick them up. Once the order has been redirected and received at our premises, CASHISWINE will contact the CUSTOMERS by e-mail to schedule a new shipment at the CUSTOMER’s expense. If the CUSTOMER does not want his ORDER to be shipped again, CASHISWINE will proceed with the refund of your order, except for the shipping costs. If the CUSTOMER has benefited from a promotional offer with free shipping, CASHISIWINE reserves the right to proceed with a deduction from the amount of the refund in order to cover the costs incurred to transport the ORDER to our premises.

La vente de boissons alcoolisés aux mineurs est strictement interdite. 

Pour acheter sur Cashiswine vous devez donc avoir plus de 18 ans.