General terms and conditions of sale

The website www.aubonmanger.com is the online store specialized in the sale of champagnes of the store "L'Épicerie Au Bon Manger" and managed by the SARL "L'Épicerie Au Bon Manger", which is the sole operator of this site, and whose manager is Aline SERVA. All the purchases made in the store through the website www.aubonmanger.fr suppose the reading and the preliminary complete acceptance of the present general conditions.

Consequently, the consumer said the customer recognizes to be perfectly informed of the fact that his agreement concerning the contents of the present general conditions of sales does not require the handwritten signature of this document, insofar as the customer wishes to order on line the products presented within the framework of the store www.aubonmanger.fr. The customer has the faculty to save or to print the present general conditions of sales, being specified that the conservation of this document are of its only responsibility.

As a consumer, the customer thus has specific rights, which would be called into question in the case where the products acquired on the site www.aubonmanger.fr would have in reality a report with its professional activity.

Our online store managed by the company "SARL L'Épicerie Au Bon Manger" through the website www.aubonmanger.fr mentions the following information:

- Legal notice allowing the identification of the SARL L'Épicerie Au Bon Manger.

- Presentation of the characteristics and visuals of the goods offered. Indication of the price of the goods as well as, if necessary, the expenses of delivery, in Euros.

- Indication of the terms of payment and delivery.

- The existence of a right of withdrawal or return of goods (under conditions).

- The duration of validity of prices and promotions.

- All this information is presented in English. The consumer declares to understand this language and to have the full legal capacity allowing him to engage under the present general conditions.

Article 1: Completeness
The present general conditions express the entirety of the obligations of the parts. In this sense, the customer accepts without reserve the entirety of the provisions provided in these general conditions of sale. No other general or specific condition will be able to be integrated into the present, since these documents would be incompatible with these general conditions of sales.

Article 2: Purpose
The present general conditions of sales have for object to define the rights and obligations of each part within the framework of the online sale of goods proposed by the company SARL L'Épicerie Au Bon Manger to its customers.

Article 3: Entry into force and duration
The present general conditions of sales enter into force at the date of the purchase order. The present general conditions are concluded for the duration necessary to the supply of the bought goods, until the extinction of the guarantees due by the company SARL L'Épicerie Au Bon Manger.

Article 4 : Electronic validation
The "click" of the customer under the purchase order constitutes an electronic signature which has, between the parts, the same value as a handwritten signature.

Article 5 : Order confirmation
The contractual information will be the subject of a confirmation by e-mail at the latest at the time of the delivery or by default, with the address indicated by the consumer on his purchase order.

Article 5.1 : Sale of alcohol
For any purchase of an alcohol, the customer certifies to be major at the time of the sending of the order. The SARL L'Épicerie Au Bon Manger could not be held for person in charge in the case of a purchase for a third. The SARL L'Épicerie Au Bon Manger has the legal licenses which authorize the purchase and the sale of alcohol and can justify it on request.

Article 6 : Proof of the transaction
The computerized registers, preserved on the servers of the host of the company L'Épicerie Au Bon Manger in reasonable conditions of safety, will be regarded as the proofs of the communications, the orders and the payments occurred between the parts. The filing of the purchase orders and the invoices is carried out on a reliable, durable and protected support being able to be produced in case of need as proof.

Article 7: Information on the products
The company SARL L'Épicerie Au Bon Manger presents on its site www.aubonmanger. fr the products to be sold with the necessary characteristics which allow to respect the article L 111-1 of the Code of the consumption, which foresees the possibility for the potential consumer to know before the final order taking the essential characteristics of the product which he wishes to acquire.

Article 8: Stock

The offers presented by the company L'Épicerie Au Bon Manger are valid only within the limit of available stocks.

Article 9: Applicable prices
The prices are indicated in euro and are valid only in the date of the sending of the purchase order by the customer. They do not take into account the shipping costs, invoiced in supplement. The prices are inclusive of all taxes, including the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products on the site www.aubonmanger.fr. The totality of the price of the articles must be paid at the time of the order. At no time, the versed sums could be regarded or transformed like deposits or installments.

Article 10: Mode of payment
To regulate its order, the customer has, with its choice, of the whole of the modes of payment mentioned in foot of the purchase order. The customer attests that he has the necessary authorizations to use the method of payment at the time of the validation of the purchase order with the company "SARL L'Épicerie Au Bon Manger". The company "L'Épicerie Au Bon Manger" reserves the right to suspend any order as well as any delivery in case of refusal of authorization of payment on behalf of the officially accredited organizations or in case of refused payment by its bank. The company "L'Épicerie Au Bon Manger" reserves in particular the right to refuse to carry out a delivery or to honor an order emanating from a customer who would not have regulated completely or partially a preceding order, and that as long as this litigation of payment exists. The administrative service of the company "L'Épicerie Au Bon Manger" set up a procedure of checking of the orders higher than 500 euros intended to ensure that no person uses the co-ordinates of payment of another person without his knowledge. Within the framework of this checking (order of more than 500 euros), it will be asked to the customer to address by e-mail or fax to the company "L'Épicerie Au Bon Manger" a copy of an identity paper as well as a proof of residence. The order will be validated only after reception and checking by the administrative service of "L'Épicerie Au Bon Manger" of the sent parts.

The methods of payment vary according to the country of the customer and the destination of the parcel. In France, you can pay your purchases by credit card (Visa, Mastercard, CB), by bank check, postal check or interbank transfer. In the case of payment of any order by bank check, it is required to attach a photocopy of the ID of the check holder who must also be the person placing the order, as well as a proof of residence dated less than 3 months corresponding to the delivery address. For any payment by check, the SARL L'Épicerie Au Bon Manger reserves the right to dispatch the object of the order 15 days after cashing of the check, and that without any penalty or compensation of delay can be required by the customer.

Article 11: Shipping times and availability of products
The order will be executed at the latest within 3 to 4 working days from the day after the consumer has placed and paid his order.  In case of unavailability of the ordered product, the customer will be informed at the earliest under 5 working days and will have the possibility of cancelling his order in part or in full. The customer will then have the choice to be reimbursed of the amount paid within 30 days at the latest and that at his request or to substitute the missing product by another product of the same or lower value. The refund of the sums will be done only according to the means of payment initially used by the customer. The company "L'Épicerie Au Bon Manger" gives the possibility to the customer to receive a credit of the amount for a later use.

Article 12: Modalities of delivery
The products are delivered to the address indicated by the consumer on the purchase order in Metropolitan France and in the countries belonging to the U.E. Delivery without signature: proof of the carrier being authenticThe consumer is responsible for his choice of delivery and takes note that the delivery without signature - by its nature - transfers the responsibility of the parcel of the carrier to the consumer as from the moment this last is given in the mailbox or with a third with the address of delivery. Only the proof of the carrier is authentic. It is then advisable to the consumer to turn directly towards the carrier in the event of litigation. This responsibility can be transferred during a delivery against signature, ensuring the consumer its good delivery. For that, the consumer must opt for a delivery in Colissimo with handing-over against signature, during the passage of order.

Accuracy of the delivery address
The consumer is responsible for the destination address that he provides. It must provide a maximum of information for the good routing of the parcel. If the delivery could not continue its routing for incomplete or incorrect address, the real expenses of delivery for a forwarding are the responsibility of the consumer. These expenses will have to be paid by check before forwarding of the parcel.

Reception with the delivery
The consumer is held to check the state of the parcel received at the time of its reception and to announce the damage due to the conveyor on the delivery order (in handing-over against signature), as well as with the company "L'Épicerie Au Bon Manger", within 5 working days.

Delivery without signature
Within the framework of a sending without signature in Metropolitan France, the sending will be able to be made in Letter Max or in Colissimo without signature, according to the nature and the encumbrance of the goods to be sent.

Delivery by the Post Office
In case of absence at the time of delivery at residence, a transit advice note will be given in the letter box, allowing to withdraw the parcel to the post office indicated during the opening hours, within 15 days.

In the event of delay of delivery compared to the date indicated in the e-mail of forwarding, the consumer will have to announce this delay by contacting the Customer service of "L'Épicerie Au Bon Manger" which will launch an investigation with the Post office. The investigation will be able to put until 30 days as from the date of beginning of the investigation. If during this period, the product is found, it will be redirected immediately. If on the other hand the product is not found at the end of the 30 days deadline of investigation, the Post office considers the parcel as lost and "L'Épicerie Au Bon Manger" will send back the goods at its expenses. If the ordered products were not available any more at this time, the SARL L'Épicerie Au Bon Manger will refund the amount of the products concerned by the loss of the conveyor.

SARL L'Épicerie Au Bon Manger declines any responsibility as for the lengthening of the delivery periods because of the conveyor, in particular in the event of loss of the products, of bad weather or strike.

Article 13: Problems of delivery because of the conveyor
Any abnormality concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken product...) will have to be imperatively announced on the delivery order in the form of "handwritten reserves", accompanied by the signature of the customer. The consumer will have in parallel to confirm this anomaly by addressing to the carrier in the two following working days the delivery date a mail recommended with acknowledgement of delivery exposing the aforementioned complaints. The consumer will have to transmit copy of this mail by e-mail or by simple mail to SARL L'Épicerie Au Bon Manger 7 rue Courmeaux 51100 REIMS (France)

Article 14 : Errors of delivery
The consumer will have to formulate with the company SARL L'Épicerie Au Bon Manger the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications being reproduced on the purchase order. Any complaint formulated beyond this delay will be rejected. The formulation of this complaint with the company SARL L'Épicerie Au Bon Manger will have to be made in priority by e-mail with the address e-mail indicated on the delivery order or by connecting itself to the space customer on the site www.aubonmanger.fr. For the good treatment of the request, the consumer will have to specify the reference of the order registered on the delivery order.Toute complaint not carried out in the rules defined above and within the time limits could not be taken into account and will release the company SARL L'Épicerie Au Bon Manger of any responsibility with respect to the customer.A reception of the complaint, the company SARL L'Épicerie Au Bon Manger will allot a number of return merchandise or exchange of the product (S) concerned (S) and will communicate it by e-mail to the customer. The exchange or the return of a product can take place only after the attribution of a number of exchange according to the step presented above. In case of error of delivery or exchange, any product to be exchanged or refunded will have to be turned over to the company SARL L'Épicerie Au Bon Manger as a whole and in its packing of origin, in Colissimo Recommandé, with an address communicated by the company EURL Coutellerie Champenoise.Pour être accepté, any request for return will have to be announced as a preliminary to the company SARL L'Épicerie Au Bon Manger. The expenses of sending are chargeable to the company SARL L'Épicerie Au Bon Manger, except in the case where it would prove that the taken back product does not correspond to the declaration of origin made by the customer in the good of return.

Article 15: Guarantee of the products
In accordance with Article 4 of the decree n°78-464 of March 24, 1978, the provisions of present cannot deprive the customer of the legal guarantee which obliges the professional salesman to guarantee it against all the consequences of the hidden defects of the sold thing. The consumer is expressly informed that the company SARL L'Épicerie Au Bon Manger is not the producer of the products presented within the framework of the site www.aubonmanger.fr within the meaning of the law n°98-389 of May 19, 1998 and relating to the responsibility because of the defective products. Consequently, in the event of damage caused with a person or a good by a defect of the product, only the responsibility for the producer of this one could be sought by the consumer, on the basis of information appearing on the packing of the aforementioned product. The conditions and the duration of the producer's guarantee are indicated on the product sheets. The SARL "L'Épicerie Au Bon Manger" proceeds to a meticulous verification of the products before the sendings.

Article 16: Right of retractation
To assert your right of retractation under 14 days near the Customer service: Cancellation form

The consumer has a period of 14 working days to assert his right of withdrawal on the products that do not suit him. This right of retractation must be made worth to the Customer service of SARL L'Épicerie Au Bon Manger via the form envisaged for this purpose. This period runs as from the order of the customer. If this period expires one Saturday, one Sunday or a holiday or non-working day, it is prolonged until the first following working day. In order to accelerate the process of refunding, it is advised to follow the procedure of logistic return of the product and to obtain a number of return near the company SARL L'Épicerie Au Bon Manger. This number of return will give to the consumer 7 additional days as from the date of obtaining the number of return, to turn over the products, with its expenses. The product will have to be turned over in Colissimo Recommandé to an address communicated by the company SARL L'Épicerie Au Bon Manger.

Conditions of the returnable products
Only will be taken back the products sent back in their whole, in their complete and intact original packing (including accessories and documentation) and in perfect state of resale. Any product which will have been damaged, consumed (for consumables) or whose original packaging would have been deteriorated in a way to compromise its resale, will not be able to be the subject of a right of retractation and will be returned to its purchaser.

Exceptions to the right of withdrawal
Exceptions to the right of withdrawal are goods whose price depends on fluctuations in financial market rates, the supply of goods made to the specifications of the consumer or clearly personalized or which, because of their nature, can not be reshipped or are likely to deteriorate or expire quickly.

Refund and right of withdrawal
This right of withdrawal is exercised without penalty, except for the cost of return. In the hypothesis of the exercise of the right of retraction, the customer has the choice to ask either for the refunding of the paid sums, or the exchange of the product. In the case of an exchange, the reshipment will be at the expense of the consumer. In the event of exercise of the right of retractation, the company SARL L'Épicerie Au Bon Manger will make all the efforts to refund the consumer within 20 days following the request of the consumer. However, taking into account the technical character of the sold products, this period could be extended to 30 days, in particular when the product needs a technical checking (cf products having to be tested as a preliminary). The consumer will then be reimbursed by the method of payment by which he placed the initial order (CB, Paypal or check).

Article 17: Force majeure
None of the two parties will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or a force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet, within one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these General Terms and Conditions of Sale may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.

Article 18 : Partial non-validation
If one or more stipulations of the present general conditions of sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.

Article 19: Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party to one or any obligation referred to in these Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.

Article 20: Applicable law
These general conditions are subject to French law, notwithstanding any rule relating to conflicts of law. It is so for the rules of funds as for the rules of form. In the event of litigation, the customer will be able to carry out his complaints near "L'Épicerie Au Bon Manger" in order to seek a friendly solution. In the absence of amicable agreement between the Parties, the litigation will be subjected to the French courts. With the exception of natural persons for whom the competent courts will be determined by the provisions of the Code of Civil Procedure, in the event of dispute on the interpretation, the execution or the cessation of the present, the Commercial Court of Reims will be only qualified notwithstanding any rule relating to the conflicts of laws. This attribution of competence will also apply in the event of plurality of defendants or call in guarantee.

Article 21: Data processing and Freedoms
The information which is requested from the customer is necessary to the treatment of its order and is preserved by the company on "L'Épicerie Au Bon Manger". Also this information could not be yielded to thirds. To exercise its rights of access, of correction or suppression with regard to information relating to it and appearing in the files of the company "L'Épicerie Au Bon Manger", under the conditions envisaged by the law of January 6, 1978, the customer is invited to contact the customer service of "L'Épicerie Au Bon Manger" by e-mail or via the contact form of the site.

Article 22: Modifications and update of the catalogue
The information and written descriptions as well as the photographs which accompany them on the cards products can be modified without reserve nor notice. When updating the collections and catalogs, only the written descriptions are contractual, the photos are said "non-contractual". For more information on the products, the customer must if he wants to, ask for a confirmation on the exactitude of the visual on line and that before starting a procedure of order.

"L'Épicerie Au Bon Manger" reserves the right to modify the General Conditions of Sale constantly.

L'Epicerie Au Bon Manger
7 rue Courmeaux
51100 Reims

TEL : + 33 (0) 326 034 529
epicerie@aubonmanger.fr
www.aubonmanger.fr

SIRET : 503 984 502 000 16
TVA : FR 65 503984502