Updated Terms and Conditions as of May 23, 2021

General Terms of Sale

Article 1. Application of these General Terms of Sale

These terms apply to the sale of products by FLACONS on its online store accessible at www.flacons-cave.com. They are automatically made available to the buyer on the homepage of FLACONS' website. The buyer simply has to click on "General Terms of Sale" to understand the terms of their order, even before initiating the order process. Consequently, placing an order implies full and unconditional acceptance by the buyer of these G.T.S., excluding any other documents such as brochures, catalogs issued by the seller, which are for informational purposes only.

The fact that the seller does not invoke any provision at a given time does not imply a waiver of the right to invoke any of these terms later.

Unless otherwise stipulated herein and agreed upon in writing between the parties, orders are subject to these general terms of sale by default, regardless of any clauses that may appear on the buyer's documents.

Our offers are exclusively reserved for private customers, excluding professional resellers.

The buyer declares to have read and accepted these General Terms of Sale before placing their order. The validation of the order therefore implies acceptance of these General Terms of Sale. As these terms may be subject to change, the applicable terms are those in effect on our website at the time of order placement.

The Client must be at least 18 years old and have legal capacity or possess parental authorization to place an order on the Site.

Article 2.a Ordering and Payment Methods

Orders are only final once confirmed by payment of the price by the buyer. Payment for products can be made by credit card, check, or bank transfer and is due in full upon confirmation of the order by the client on the website.

An invoice will be issued by FLACONS and available in the "my account" section of the site. At the customer's request, an invoice can also be sent by email or to their billing address.

Beers remain the property of FLACONS until full payment of invoices, in accordance with Law No. 80-336 of May 1, 1980, on retention of title. However, the buyer becomes responsible for the items upon delivery, as transfer of possession constitutes a transfer of risk.

All our offers are subject to availability and without obligation, and subject to sale in the meantime. In case of stock shortage on a purchased product marked "in stock" on the website, FLACONS will contact you within 48 hours to arrange for a change or partial or full refund of the order (at the customer’s convenience). Considering the rarity or speculative nature of some products, quantity restrictions may apply.

In such cases, the available quantity is limited per household (same name, address, email, account holder, or credit card holder), and FLACONS reserves the right to refuse an order if there is suspicion of a previous order on the same product. FLACONS also commits to contacting you within 48 hours to arrange for a change or partial or full refund of the order (at the customer's choice).

Article 2.b Ordering Process

Clients wishing to place an order on the Seller's Site must:

• create their account by providing the required information on the Site: name, first name, billing and shipping address, email address, phone number.
• view product details and add desired items to their cart
• validate the cart
• correct any entry errors
• validate the order
• select and validate their payment method

It is the Client's responsibility to ensure the accuracy of the information provided, for which they alone are responsible.

The Seller will promptly send the Client confirmation of the registered order by email.

All data provided and the registered confirmation are proof of the transaction.

The Seller will archive orders and order confirmations on a reliable and durable medium, constituting a true copy, in accordance with Article 1348 of the Civil Code.

The Client will have access to their complete order history by visiting the "Order History" section in their "customer account."

The Seller’s computerized records will be considered by the Parties as proof of communications, orders, payments, and transactions between the Parties.

The Seller has subscribed to a remote sales contract with its banking institution. The banking transaction is secure, and under no circumstances does the Seller store the Client’s banking information.

The Seller reserves the right to refuse any order that appears abnormal, particularly in terms of the quantities ordered.

Non-professional Clients are informed and acknowledge that they cannot simultaneously order more than 110 liters of beer. This limitation does not apply to professional clients with "registered operator" status granted by French Customs.

Article 2.c Payment Methods

Credit Card

Credit card payments are secured by the "Webaffaires" online payment system of Groupe Crédit du Nord and through the SSL protocol. Additionally, all banking information provided during online purchase is neither stored nor visible online. FLACONS guarantees the confidentiality of your data. Only credit cards displaying the CB, VISA, or MASTERCARD logo are accepted.

Check

Checks in Euros domiciled in France only. Addressed to FLACONS and sent to our address: 14 Boulevard Gambetta, 30000 Nîmes.

Please include the order number and details.

Bank Transfer

Bank transfer to the following account:

The transfer must be sent to the Seller within 15 days.

In any case, if payment for the order has not been received by the Seller within 15 days from the order date, the order will be canceled.

An invoice showing VAT will be sent by the Seller to the Client upon request.

Article 3. Prices

Prices are expressed in Euros (€) and displayed inclusive of all applicable French taxes (French VAT and other applicable taxes). Prices vary by delivery country to account for administrative fees. The price displayed on the product page does not include shipping costs. Shipping fees are charged based on the delivery region and the total weight of the ordered bottles, including packaging weight. The total amount due, indicated in FLACONS' order confirmation, is the final price to be paid, inclusive of all taxes (French VAT and other applicable taxes): this price includes the product price, handling, packaging, storage, administrative fees, and transportation costs. FLACONS reserves the right to change its sale prices at any time. All promotional operations (vouchers, discounts, partner discounts, etc.) are limited to one person per household per operation. FLACONS reserves the right to refuse orders that do not meet this criterion. Delivery rates applicable at the time of the order are available on the site.

Article 4.1 Delivery Terms in Mainland France

The online sale of products presented on the Seller’s website is limited to and reserved for Clients residing in mainland France. Due to the operational regime granted to the Seller by French Customs, deliveries of products subject to alcohol-specific taxes (excise) are not permitted outside this territory. Therefore, the following territories are excluded: Andorra, Monaco, French Overseas Territories.

Deliveries are made to the address indicated by the Client during the order, once payment is completed.

Delivery will be carried out by our partner GLS.

Article 4.2 Delivery and Reception

FLACONS accepts the order and initiates delivery operations upon receipt of payment and approval from our verification service. Ordered items are delivered to the buyer's address or any other address specified during the order. The buyer’s information provided during the order is binding: in case of an error in the recipient's contact details or incomplete information, the seller cannot be held responsible for the inability to deliver the product.

If the goods are returned due to an incomplete address, the buyer will be offered two options:

• re-delivery of the goods upon payment of the re-shipping fee
• refund of the order, minus delivery fees. Orders are delivered in one shipment to one location.

Article 4.3 Verification

If the buyer's dossier is rejected by our verification service, FLACONS has the right to request identification and address verification (and a K BIS extract if the buyer is a legal entity). If the buyer refuses or provides non-compliant documents, FLACONS may require bank transfer payment, cancel the bank transaction, or destroy the issued check. If not accepted, the client may request the cancellation of the order.

Article 4.4 Delivery Time

FLACONS undertakes to make every effort to deliver ordered products as quickly as possible, as indicated on the site. Delivery times vary depending on product availability, type of transportation chosen, and the destination region in mainland France. If the buyer orders different products with varying delivery times, the longest delivery time applies to the entire order. Delivery is made within the specified period by direct delivery to the announced recipient or, in case of absence, by availability notification. The delivery deadline will be specified in the order confirmation email.

If delivery cannot be ensured within this period, the consumer will be informed as soon as possible and may cancel the order and obtain full termination of the sale. They may then request an exchange of the product(s) or a full refund of their order. Delivery times start from the order confirmation date, i.e., receipt of payment, bank authorization (online card payment), and approval from the verification service. Cases of force majeure releasing the seller from their delivery obligation include war, riot, and fire.

Article 4.5 Delivery Fees

Delivery fees are calculated based on the parcel weight and are specified before the order confirmation.

All beers sold by FLACONS have had their dues paid to French customs. Customs or import taxes may still be applied upon arrival of an order in the destination country. It is the recipient's responsibility to pay customs clearance fees, import taxes, and other local taxes in the destination country. Since FLACONS has no control over these taxes, the recipient may not claim any compensation or reimbursement from FLACONS for expenses incurred in the destination country.

Article 4.6 Transport and Liability

Goods are always shipped at the recipient's risk. It is therefore the buyer's responsibility to check the contents of the package upon delivery and make any reservations as follows: on the delivery slip provided by the carrier or by immediately calling the carrier’s customer service, in the presence of the delivery person. In all cases, the buyer should notify FLACONS by REGISTERED LETTER addressed to FLACONS, 14 Bd Gambetta, 30000 Nîmes, within 2 days after receiving the package AND by email at: contact@flacons-cave.com

Article 4.7 Claims Regarding Delivery

In the event of a delivery-related claim, the Client agrees to inform the Seller as soon as possible at the following address: contact@flacons-cave.com.

Article 5. Stock Shortages

In case of a stock shortage of a product ordered and marked as in stock on the website, FLACONS will inform the client as soon as possible and offer different alternatives:

• replacement with an equivalent product.
• reimbursement for unavailable products or the entire order, at the client’s choice.

In the event of a temporary shortage, the buyer will be offered to wait until the specified restock date. If not accepted, the client may request partial or full cancellation of the order.

Article 6. Liability

The Seller may be exempted from all or part of their liability by proving that the non-performance or improper performance of the contract is attributable either to the Client, to the unforeseeable and insurmountable act of a third party to the contract, or to a force majeure event.

The Seller cannot be held liable in case of a computer bug during the order, related to the Client's internet connection.

Article 7. Warranty

All products supplied by the Seller are covered by the legal warranty provided for in Articles 1641 et seq. of the Civil Code.

In addition, the Client also benefits from the conformity warranty, provided for by Articles L. 211-4 et seq. of the Consumer Code.

In case of non-conformity of a product sold, the Client has the option of repair or replacement of the product.

However, if the Client's choice entails a clearly disproportionate cost for the Seller, they may proceed by their chosen method.

If repair and replacement of the product are impossible, the Client may return the product and receive a refund.

A refund is also possible if the requested solution cannot be implemented within one month of the buyer's claim.

In any case, the application of the warranty for product non-conformity will be free of charge for the Client.

All claims under this article must be made by post to the following address: 14 Boulevard Gambetta, 30000 Nîmes or by email at the following address: contact@flacons-cave.com

Article 8. Right of Withdrawal

In accordance with Article L.121-20 of the Consumer Code, the buyer has a period of 14 clear days from delivery of their order to notify the seller of their withdrawal by email to contact@flacons-cave.com. After-sales service will then invite you to return the entire order for exchange or refund, at the buyer’s choice, in good condition and in its original, unopened packaging, with the original invoice and a withdrawal letter containing the following information:

◦ NAME

◦ FIRST NAME

◦ List of products and quantities

◦ Order/invoice no._____________

◦ Placed on: ___ /___ /20___

◦ Received on: ___ /___ /20___

◦ Signature:

Subject to the product’s perfect condition, a refund equal to the total amounts paid by the customer, i.e., the purchase price of the product(s) purchased and any delivery charges (excluding any supplement for express delivery), will be issued.

Return shipping costs are the responsibility of the buyer. Goods travel at the buyer’s risk. Returns will be made by the carrier chosen by the buyer. A refund for the merchandise will be issued by the seller within 30 days of receipt of the merchandise.

Article 9. Disputes

These general terms of sale are subject to the application of French law. In the event of a dispute, the client will first contact the company to seek an amicable solution. Otherwise, all conflicts arising from the performance of an order or the interpretation of these terms and more generally of all agreements between the parties shall be under the jurisdiction of the court where our headquarters are located. In the event of non-payment, a fee of 10% of the invoice amount (minimum of 45 euros) will be charged, without prejudice to damages for abusive resistance.

Article 10. Legal Information

Pursuant to Ordinance No. 59-107 of January 7, 1959, which prohibits the sale of alcohol to minors, Law No. 74-631 of July 5, 1974, the buyer certifies, by completing the order form, that they are at least eighteen (18) years old as of the order date, by providing their birth date when creating their FLACONS account. Excessive alcohol consumption is dangerous to health. Know how to consume and appreciate it responsibly. Data Privacy: Under Article 27 of Law No. 78-17 of January 6, 1978, personal data provided by the client may be subject to rights of access and rectification with FLACONS. This site is declared to the CNIL. To meet customer needs and provide optimal remote service, we record certain personal data (name, first name, address). This information is intended exclusively for FLACONS. Credit card payments are secured by an SSL-compliant online payment system. In addition, all banking information you provide during your online purchase is neither stored nor visible on the Internet. FLACONS ensures the confidentiality of your data.

Article 11. Data Protection

The personal information we collect is intended to better respond to your requests and process your orders. In accordance with Law No. 78-17 of January 6, 1978, on Data Processing, Files, and Individual Liberties, you have the right to access, rectify, and delete personal data concerning you, under the responsibility of FLACONS. You can exercise it by contacting our customer service by email at contact@flacons-cave.com or by mail at: FLACONS, 14 Boulevard Gambetta, 30000 Nîmes – France

Customer personal data processing has been declared to the CNIL under number:

The Seller assures the Client that their data is stored within the European Union, specifically in France.

The data provided by the Client is not communicated by the Seller to third parties and is not used for commercial solicitation purposes.

The Client is informed that their connection information, including visited pages and IP addresses, is kept for the legal retention period, i.e., one year.

Article 12. Product Images and Illustrations

The photos and illustrations used on the site are not contractual. The images and photos are the exclusive property of FLACONS and are not royalty-free.

The photographs accompanying product presentations are as accurate as possible but cannot guarantee perfect similarity with the offered product and may, in some cases, show presentation suggestions where all items depicted are not necessarily offered for sale.

Products comply with applicable regulatory requirements regarding product composition, ensuring consumer health and safety.

Article 13. Intellectual Property

All elements of the Site, including graphics, sounds, texts, videos, underlying technology, and product presentation, are the exclusive property of the Seller.

Consequently, the Client is strictly prohibited from reproducing, representing, or disseminating any specific element forming an integral part of the Seller's website.

Any reproductions and representations of the Site require the Seller’s prior express consent.

Failure to comply constitutes infringement, engaging the civil and criminal liability of the author.

Similarly, any technique, such as framing or deep-linking, is strictly prohibited unless expressly, specifically, and in writing authorized by the Seller.

The "FLACONS" trademark has been registered with the INPI (National No.: ). Therefore, any reproduction of this mark by the Client without the Seller's authorization constitutes an infringement liable to criminal and civil proceedings.

The Client is strictly prohibited from infringing the "FLACONS" trademark. It is strictly prohibited to use or reproduce the name "FLACONS" for any purpose and on any medium without the Seller's prior written consent.

Hyperlinks to www.flacons-cave.com are authorized by the Seller.

Cookies and Privacy

We consider data protection a major concern in the trust-based relationship with our clients.

We are committed to respecting your privacy, which is why we collect and process your personal data in compliance with applicable laws and regulations.