Last updated on 09.05.2017
It is stated that:
MAISON BENJAMIN KUENTZ is a simplified joint stock company with a capital of 6,000 euros, whose main establishment is located at 61 avenue Secrétan 75019 PARIS, registered in the Paris Trade and Companies Register under number 823 860 259, represented by Mr Benjamin KUENTZ, duly authorised legal representative.
MAISON BENJAMIN KUENTZ operates, from France, a website on which a free online sales platform allows individual buyers, of legal age acting as consumers, to purchase products distributed by MAISON BENJAMIN KUENTZ in Metropolitan France.
It was therefore agreed and determined as follows
For the purposes of this Agreement, the Parties agree to the following definitions:
“Buyer”: shall mean any natural person of legal age acting as a consumer and having placed an order through the Site’s Services to purchase Products.
“Vendor”: refers to Maison Benjamin Kuentz who offers for sale the products it distributes.
“User” means the users of the Site and its Services
“Product” means the product offered for sale in the form of a bottle of spirits. Several bottles of spirits will be referred to as “the Products”.
“Product Sheet”: refers to the presentation of the essential characteristics and notably the price of a Product offered for sale on the Site.
Article 1. Purpose – Scope – Membership
The Site is available in French.
The access and use of the Site and the Services present on this Site are subject to the terms and conditions of the present General Terms and Conditions of Sale (hereinafter the “GTC”). By using the Services and the Website, the Users accept the TOS and the regular updates by MAISON BENJAMIN KUENTZ. The T&Cs apply to all sales of Products made through the Site and its Services and are intended to govern the relationship between MAISON BENJAMIN KUENTZ and the Users and between the Users.
The GTC are subject to change at any time, those applicable are those in force on the day the order is placed by the Buyer.
The GTC are automatically accessible to Internet users from the home page of the Site. All the Internet user has to do is click on the “General Terms and Conditions of Sale” section. It is recommended that Users of the Site consult this page regularly.
Consequently, the fact of visiting the Site or placing an order via the Site implies full and unreserved acceptance of the GTC.
Article 2. Product sheet
The Products are presented on the Site by means of a Product Sheet with a description enabling the Buyer to know their essential characteristics and their Price.
The information relating to the offers has been communicated by the Seller, who is solely responsible for the content of the description provided, its completeness and the conformity of the Product offered to the description.
The photos and visuals of the Products are provided for illustrative purposes only and are not contractual.
Article 3. Conclusion of the contract
3.1 Ordering process on the Site and order confirmation
a. The Buyers may order the Products offered by the Sellers on the Site as long as the Product offers materialized by the Product Sheets are visible on the Site.
In order to place an order, a minimum number of Products must be ordered. This minimum is generally one (1) Product, but may be modified by the Seller. The Buyer is informed of this at the time of placing and validating the order.
After having been able to check and modify the content and the price of his order, and to be able to finalize his order and pay, the Buyer declares to have taken knowledge and to accept fully and without reserve the entirety of the GCS, by clicking on the box “I accept the general conditions of sale”.
The language proposed for the conclusion of the contract is French.
b. An e-mail confirming the order is then automatically sent to the Buyer (this e-mail mentions all the information required by article L. 121-19 of the Consumer Code).
However, the contract of sale is subject to (i) on the condition that the Product is available (see Article 3.2 below) and (ii) MAISON BENJAMIN KUENTZ has acknowledged receipt of payment.
3.2 Availability of the Product(s) – Resolutive condition
The sale contract is subject to the resolutive condition that the Products are available and that MAISON BENJAMIN KUENTZ has acknowledged receipt of payment.
As soon as the Buyer’s order is taken into account, the Seller will confirm the availability of the Product concerned within forty-eight (48) working hours.
In case (i) the same Product is ordered by several Buyers at the same time and (ii) the Product is no longer available in sufficient quantity to satisfy all orders, it will be sold in the chronological order of orders placed by Buyers on a “first come, first served” basis. The order will then be cancelled for the other Buyers.
In case of unavailability of the Product(s) after placing the order by the Buyer or in case of lack of response from the Seller on the availability of the Product(s) within forty-eight (48) working hours after notification to the Seller of the Buyer’s order by MAISON BENJAMIN KUENTZ, the Buyer will be notified by email sent by MAISON BENJAMIN KUENTZ. The Buyer will then be offered a similar product by MAISON BENJAMIN KUENTZ or will be reimbursed for the amount he has been charged, according to his choice. In the second case, the contract between the Buyer and the Seller will be automatically terminated and both parties will be released from their obligations. The Buyer’s bank account will be credited with the amount of the cancelled order within seven (7) days. However, only the contract for the sale of the unavailable Product(s) is covered by this resolution.
It is reminded that only the Seller has control over the availability of the Product. The contract of sale is deemed to be concluded at that time.
Article 4. Prices and payment terms
4.1. Selling price
a. The Price of each Product indicated on the Product Sheet corresponds to the price including all taxes, excluding delivery costs.
b. Unless otherwise indicated, delivery costs are always payable by the Buyer. The delivery costs are automatically added to the price of the Product before validation of the order by the Buyer.
4.2. Terms of payment
The payment of the Price of the Product(s) and the delivery charges is made when ordering on the Website to MAISON BENJAMIN KUENTZ, and in the case of Article 4.1.b, after express acceptance of the terms and conditions and shipping costs by the Buyer.
Payment of the Prize is made by credit card. The Buyer will be charged the price of the Products purchased from the moment he/she validates and confirms his/her order online.
If MAISON BENJAMIN KUENTZ does not receive the payment within forty-eight hours (48h) from the date of order, the sales contract is automatically cancelled (see article 3.1.b). Each party is therefore released from its obligations.
The Buyer shall therefore provide accurate, complete and non-fraudulent information when paying for the order. The Buyer declares and guarantees that he/she is fully capable and authorized to use the bank card and that he/she has sufficient funds, on the bank account attached to the bank card used, for the payment of his/her order.
MAISON BENJAMIN KUENTZ, with the services of the financial institution CIC, may have to carry out checks to ensure the validity of the payments and therefore ask for certain supporting documents from the Buyer, which the latter undertakes to send within forty-eight (48) hours. In case of non-receipt of these parts within the time limit or receipt of non-conforming parts, MAISON BENJAMIN KUENTZ reserves the right to cancel the order(s).
The payment of the orders made through the Site is made to MAISON BENJAMIN KUENTZ who collects the funds in the name and on behalf of the concerned Seller.
A detailed invoice by MAISON BENJAMIN KUENTZ is sent to the Buyer at the time of shipment.
4.3. Payment security
MAISON BENJAMIN KUENTZ has no access to confidential information related to the payment method used by the Buyer during the payment. This is why the Buyer’s bank details will be requested for each new order via the payment services used by the website.
The security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. MAISON BENJAMIN KUENTZ will not be held responsible for damages resulting from the use of electronic means of communication.
Article 5. Shipping and delivery
5.1. The delivery of the Product(s) is currently available in Metropolitan France, Monaco and other destinations are being studied for feasibility
5.2. Delivery costs are charged to the Buyer at the rate in force when the order is placed.
5.3. As soon as the payment as defined in article 4 is credited to the account of MAISON BENJAMIN KUENTZ, the Seller has validated the availability of the Product(s) (in accordance with articles 3.1.b and 3.2.), and has packed them, the Product(s) are delivered to the Carrier within twenty-four (24) hours. The Seller shall use suitable packaging for the delivery of its Product.
The Seller shall ensure that the information communicated to the Carrier is correct and allows for the prompt delivery of the order to the Buyer.
5.4. Deliveries are made within a maximum of fifteen (15) working days except in cases of force majeure.
The times indicated correspond to the processing, preparation and dispatch of orders, as well as the delivery time of the Transport Provider. They run from the validation of the order in accordance with Articles 3.1.b, 3.2 and 4.
5.5. The Products are delivered to the delivery address indicated by the Buyer when ordering.
In the event of an incomplete or erroneous delivery address, obliging the Carrier to return the Product(s) ordered, any additional costs incurred by this failure or error shall be borne in full by the Buyer. The reshipment of the order will only take place after the Buyer has paid the reshipment costs.
5.6. The products are shipped at the expense and risk of MAISON BENJAMIN KUENTZ.
The Products are delivered according to the Carrier’s terms and conditions of delivery. In no case an incident during the transport would be attributable to MAISON BENJAMIN KUENTZ. However, MAISON BENJAMIN KUENTZ will ensure the reimbursement of the Seller and/or the Buyer according to the circumstances.
5.7. The verification of the state of the package and the Products is effective as soon as the delivery note of the Carrier has been signed by the Buyer.
Any deterioration, non-conformity or shortage upon delivery must be notified by the Buyer to the Carrier in the form of a detailed and dated writing accompanied by the Buyer’s signature on the delivery note.
If the Buyer refuses the package because of an anomaly or non-conformity, he must notify it on the carrier’s waybill.
In the case of a purchase made from the Seller, in the event of damage, the Buyer has a period of fourteen (14) days after delivery to make reservations to the Shipper and the Consignee, by French law, and releases the Carrier from any liability beyond that date (in accordance with Article 31 of the Montreal Convention).
Article 6. Right of withdrawal
6.1. In accordance with the legal provisions in force, within the framework of a purchase made from a Seller, the Buyer has a period of fourteen (14) days from the receipt of the Product(s) ordered to exercise, with the said Seller, his right of withdrawal, without having to justify his reasons or pay any penalty.
The Buyer exercises his right of withdrawal directly to MAISON BENJAMIN KUENTZ by sending an e-mail to firstname.lastname@example.org indicating his order number and the references of the Product(s) for which he exercises his right of withdrawal. MAISON BENJAMIN KUENTZ will then notify the Seller by sending an e-mail.
6.2. In case of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and for which the right of withdrawal is exercised by the Buyer will be reimbursed by MAISON BENJAMIN KUENTZ, the return costs remaining at the Buyer’s charge.
In case of request for reimbursement by the Buyer, MAISON BENJAMIN KUENTZ will reimburse the Product(s) by crediting the Buyer’s bank account within a maximum of thirty (30) days following the date on which the right of withdrawal was exercised.
6.3. The order must be returned in perfect condition to the Seller, in its original packaging or in suitable packaging and in a state suitable for the re-marketing of the Product(s) (unopened bottles, undamaged caps and labels, etc.), accompanied by the invoice and then sent in the same conditions as it was sent.
The Buyer has fifteen (15) days from the moment he has indicated to MAISON BENJAMIN KUENTZ his withdrawal to return the package. The return costs are at the expense of the Buyer. It is the responsibility of the Buyer who returns a Product(s) to keep the proof of the reshipment of the Products by him. This proof will be made either by the presentation of a receipt of sending by registered mail, or by the presentation of a document given by a Carrier to whom the routing of the returned Product will have been entrusted.
Article 7. Claims
7.1. In general, MAISON BENJAMIN KUENTZ is committed to providing a quality service to the Users.
As such, any Buyer has the possibility to report by sending an e-mail to MAISON BENJAMIN KUENTZ at email@example.com, within seven (7) days from the receipt of any order, any complaint regarding the Products ordered, according to the following criteria:
– Product not received: the Product has not been received by the Buyer.
– Non-conforming product: the product received does not correspond to the product ordered.
– Damaged product: the product received is damaged or broken.
7.2. In the event of a claim by a Buyer regarding a Product, disputes are settled between the Buyer and MAISON BENJAMIN KUENTZ who will make their best efforts to resolve the disputes amicably.
7.3. Depending on the case, the declared dispute will lead either to the return of the ordered Products or to the partial or total reimbursement of the Buyer. This refund is made by MAISON BENJAMIN KUENTZ to the Buyer.
7.4. The Buyer will be responsible for organising the return of the Products to MAISON BENJAMIN KUENTZ who, depending on its responsibility, will or will not assume the shipping costs and the costs of returning the Products. The Seller shall bear these costs in the event that it is liable.
Article 8. Personal data and CNIL
When placing an order on the website, the User agrees to provide the required personal information and data (hereinafter referred to as the “Data”) and attests to the truthfulness of the latter.
The data communicated by the user in the context of an order (name, first name, date of birth, address, telephone, etc.) via the website are intended for MAISON BENJAMIN KUENTZ and are used for the processing and monitoring of orders, customer relations and to meet the legal and regulatory obligations of MAISON BENJAMIN KUENTZ.
Regarding the data related to the Seller’s Products ordered by the Buyers, which are collected through the Website and its Services, MAISON BENJAMIN KUENTZ informs the Buyers that they are intended for MAISON BENJAMIN KUENTZ, and that only the information necessary for the delivery of the Products will be transferred, for this sole purpose, to the carrier. They may not be used for any other purpose.
MAISON BENJAMIN KUENTZ will ensure the security of the Data of the Buyers that it keeps for the needs of the realization and the follow-up of the orders.
As part of the T&Cs, Users may receive by e-mail from MAISON BENJAMIN KUENTZ information related to the Site and the Services.
In accordance with the provisions of Law No. 78-17 of 6 January 1978, the Site has been declared to the Commission Nationale de l’Informatique et des Libertés, under number 1741000v0.
The User has the right to access, modify, delete and rectify his/her personal data by sending an e-mail to firstname.lastname@example.org or by post to Maison Benjamin Kuentz BP 232 75921 PDC 19.
It is reminded that all the identifiers related to the User Account attributed by MAISON BENJAMIN KUENTZ are strictly individual and can only be used by the authorized Users. The User shall keep his login and password secret and out of the reach of a third party.
Article 9. Relationship with Users
For any information or question, the Site has a service in charge of the relations with the Users, reachable :
▪ by e-mail by writing to: email@example.com
▪ by mail: Maison Benjamin Kuentz, BP 232 75921 PDC 19
Article 10. Guarantees
The Products offered on the Site through its Services are covered by the French legal guarantees, in particular MAISON BENJAMIN KUENTZ cannot be held responsible if the content of the Products sold is defective or unfit for consumption. In accordance with the legal provisions in force relating to the conformity of the good or hidden defects, the defective Products or not corresponding to the order will be refunded.
These guarantees are without prejudice to the right of withdrawal provided for in Article 6 hereof.
Article 11. Intellectual property rights
The intellectual property rights in the trademarks, software and content made available to Users on or through the Site and its Services remain the property of MAISON BENJAMIN KUENTZ and its licensors, if any, and are protected by applicable laws and regulations. Consequently, it is forbidden to reproduce, represent or modify the software or content of the Site and Services by any User for commercial or professional purposes.
Article 12. Sale of alcoholic beverages – Minors – Legal capacity
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited.
All the offers on the Site are therefore reserved for people over the age of eighteen (18) who have legal capacity.
By placing an order and/or creating a User Account, the User or Buyer declares and guarantees to be of legal age and to have the full legal capacity to enter into a sales contract with MAISON BENJAMIN KUENTZ.
It is also reminded that alcohol abuse is dangerous to health and that alcohol should be consumed in moderation. For information adapted to the health of each internet user, MAISON BENJAMIN KUENTZ advises them to contact their doctor.
Article 13. General provisions
13.1. The computerized registers, kept in the computer systems of MAISON BENJAMIN KUENTZ, in reasonable conditions of security, will be considered as proof of communications, orders and payments made under the GTC.
13.2. Limitation of Liability
MAISON BENJAMIN KUENTZ is only bound by an obligation of means concerning the information and in particular the photos appearing on the Site and especially on the Product Sheets. They are provided without any condition or guarantee that they are accurate, complete and up to date.
Except as otherwise provided, and to the extent permitted by French law, MAISON BNEJAMIN KUENTZ expressly excludes liability for any damages, including without limitation, direct, indirect, special, consequential or incidental damages, or damages relating to loss of use, profits, data or other intangible property, damage to goodwill or reputation, or cost of procurement of substitute products or services arising out of or in connection with the use, inability to use, performance or malfunction of the Site and the materials posted thereon, regardless of whether such damages might be considered foreseeable under contract, tort, case law or any other applicable rule.
This provision does not affect MAISON BENJAMIN KUENTZ’s liability for death or personal injury resulting from its negligence, or its liability for misrepresentation, misrepresentation as to a material matter, or any other liability which cannot be excluded or limited under the law.
Consulting and placing an order on the Internet implies knowledge and acceptance of the characteristics and risks associated with the Internet, in terms of technical performance, response times, risks of interruption, viruses and more generally all risks associated with the connection and transmission of data on the Internet. Internet users must take all appropriate measures to protect their own data and information stored on their computer equipment. The creation of hyperlinks to the Site is subject to the prior agreement of MAISON BENJAMIN KUENTZ. The hypertext links established to other sites from the site can in no way engage the responsibility of MAISON BENJAMIN KUENTZ.
13.3. Nullity of a clause
Any clause of the GTC which would be declared null and void in application of a law, a regulation or a final decision of a competent jurisdiction will be deprived of effect, but its nullity will not affect the other stipulations or the validity of the GTC. Wherever possible, where a clause/sub-clause or part of a clause/sub-clause can be separated from the rest of the clause in order to make the remaining part valid, the clause should be interpreted accordingly. Otherwise, the User agrees that the clause in question may be corrected and interpreted in such a way that it approximates the original meaning of the clause, in accordance with the law.
13.4. Disputes and Applicable Law
The GTC are governed by French law. Any related dispute that cannot be resolved amicably, in particular in accordance with Article 7.3, will be submitted to the competent French courts.