The General Terms and Conditions of Sale (hereinafter referred to as GTCS) govern the contractual relationship - and form an integral part of the contract - between La Mise en Bière, on the one hand, and the Customer, on the other. By placing an order via the Site, the Customer acknowledges having read, understood and accepted, without any reservation, the GTCS. In the event of disagreement with the GTCS, the Customer shall refrain from placing an order via the Site. La Mise en Bière reserves the right to modify the GTCS at any time and without notice by publishing a new version of the GTCS on the Site (which cancels and replaces the existing version). Any order placed after the publication by La Mise en Bière of a new version of the GTCS shall be interpreted as an acceptance of this new version. The Special Conditions are an integral part of the GTCS, which apply for the remainder. In the event of any discrepancy between the Special Conditions and the GTCS, the Special Conditions shall prevail.
In the event of discrepancy between the English translation and the original French version of the GTCS, the French version shall prevail.1. Information mentioned on the Site
Although La Mise en Bière endeavours to inform its Customers as completely and accurately as possible, the photos, videos and texts illustrating and describing the products (the dimensions and technical specificities of the products, the information contained in the information bubbles, size guides, etc.), as well as the stock situation mentioned on the Site are not contractual and are provided for information purposes only. They do not constitute an offer on the part of La Mise en Bière (which does not guarantee their accuracy) and can in no way be qualified as guarantees or promised qualities.2. Registration
The Client is solely responsible for the accuracy and completeness of the data it provides when registering on the Site. If necessary, the Customer must notify La Mise en Bière of any modification to the data he has provided, immediately updating his profile. The Customer must indicate a valid e-mail address to which all communications relating to the order will be sent. It is the Customer's responsibility to maintain this address in effect and to read the e-mails sent by La Mise en Bière. The Customer will also configure - and regularly check - his "junk mail" box to ensure that no e-mail sent by La Mise en Bière is included. Any communication made to the Customer by e-mail will be considered as received by the latter on the effective date and time of receipt, but no later than 24 hours after it is sent by La Mise en Bière. The Customer chooses, at the time of registration, or is assigned, in the event of resetting, a password allowing him to place an order or use other functions of the Site. This password is strictly confidential. It must under no circumstances be disclosed to third parties. The Customer is solely responsible for the use, retention and security level of his password, which he may change at any time via the Site. He is responsible for any order placed, even without his knowledge, by means of his password. If the Customer knows or suspects that a third party has access to his password, he must notify La Mise en Bière immediately.
3. Ordering process
Only Clients who are of legal age, capable of discernment and who are not under guardianship may place an order via the Site. To place an order, the Customer must follow the procedure available on the Site. Any other ordering procedure is excluded. By placing an order, the Customer binds himself and declares to make a firm and definitive offer against La Mise en Bière to purchase the selected goods, under the conditions indicated on the Site. The validity of the offer may be subject to maximum or minimum quantities. Formally, the Client submits his offer at the time his payment is approved. The sale is accepted - and therefore the contract is concluded only from the moment when the La Mise en Bière sends the Order Confirmation to the Customer. La Mise en Bière reserves the right to refuse an offer at its free and complete discretion, without being required to indicate the reasons. The data recorded by La Mise en Bière constitutes irrefutable proof of the orders. The data recorded by the payment system constitutes irrefutable proof of financial transactions.
4. Prices
La Mise en Bière reserves the right to modify its prices at any time. Only the price indicated in the Order Confirmation is considered as proof. Preparation and delivery costs are invoiced, in addition, in accordance with the indications mentioned in the Order Confirmation.
5. Payment
The payment methods accepted by La Mise en Bière are exclusively those indicated on the Site. Any order offer is subject to prior payment of the full amount of the order, as well as the preparation and delivery costs. Payments are made using servers provided and secured by La Mise en Bière's partner financial institutions, so that no financial information concerning the Customer is transmitted via our servers. The risk of a malfunction of the payment system is borne by the Customer, in full discharge of La Mise en Bière.
6. Shipping
The preparation and delivery costs are those mentioned in the Order Confirmation. Except in exceptional cases, the products are shipped to the delivery address indicated by the Customer at the time of ordering. The Customer is solely responsible for the accuracy and up-to-dateness of the address he provides to La Mise en Bière. We cannot therefore be held liable for the non-delivery of a product in the event of an incorrect or inaccurate address. The risks related to the shipment of the goods are transferred to the Customer as soon as they are delivered by La Mise en Bière to the carrier of its choice. If a package is returned to us by the carrier after an unsuccessful delivery (postal delays exceeded, incorrect recipient address, etc.), the Customer is notified by means of an e-mail sent to the address he has indicated in his profile or during his order. Without any news from the Customer within 1 month of sending the said e-mail, the order is cancelled. La Mise en Bière is then released from its obligation to deliver the goods and the amount paid by the Customer is retained by La Mise en Bière as a contractual penalty, this fin full settlement of all accounts and all claims in connection with the order concerned. The transport costs and risks inherent in the return of an unclaimed package (including in the event that the carrier does not leave a transit advice note) and/or in a possible reshipment are borne exclusively by the Customer, as are the risks inherent in the storage of the returned goods. Before any reshipment, La Mise en Bière may ask the Customer to pay the related costs. La Mise en Bière makes its best efforts to ensure that the ordered products are dispatched within 10 Working Days, starting from the date of sending the Order Confirmation. However, this deadline is purely indicative and not contractual. La Mise en bière reserves the right to make the delivery through its own delivery service.
7. Gift vouchers
The Customer can acquire gift vouchers through the Site. Gift vouchers cannot be acquired by means of a discount or commercial offer granted to the Customer (e. g. a reduction that would have been granted or an amount that would have been offered by La Mise en Bière). Gift vouchers have a value of CHF 10, 20, 50, 50, 100, 100, 200 or 500 and can be used to order products or services on the Site, supplementing if necessary with another payment method accepted by La Mise en Bière. However, they cannot be combined with each other. The value of a gift voucher may under no circumstances be paid in cash and does not bear interest. The validity period of each gift voucher is two years from the date of purchase. Gift vouchers are delivered, in electronic format, directly to the buyer's customer account. The latter is then solely responsible for access to - as well as for the use, possible transmission and storage of - the gift vouchers he has acquired. Gift vouchers will not be replaced or refunded in the event of theft, loss or damage. Any liability of La Mise en Bière in the event of use of a gift voucher by an unauthorized person is excluded. The resale or use of gift vouchers for commercial purposes, in any form whatsoever, is prohibited. The reproduction or edition of La Mise en Bière gift vouchers is also prohibited.
8. Customer's right of revocation (in general)
The Customer may revoke his order under the following (cumulative) conditions: - The Customer sends his request to Customer Service using the CONTACT US form indicating his intention to revoke his order. The request must reach La Mise en Bière within 10 Calendar Days following the delivery of the goods. - The goods must not have been used or even unpacked. It must remain in a perfectly new condition, suitable for resale. - The merchandise must be returned to La Mise en Bière, at the Customer's exclusive expense, in its original packaging, accompanied by its complete documentation and any accessories.
9. Right of revocation of the Customer (in case of late delivery)
In the event of late delivery, the Customer may revoke his order under the following (cumulative) conditions: - La Mise en Bière has not shipped the ordered goods (date of delivery to the carrier as proof) within 30 Business Days from the date of sending the Order Confirmation; - The Customer has sent his request to Customer Service using the CONTACT US form indicating his intention to revoke his order, at the latest 40 Business Days after the date of sending the Order Confirmation. - The Customer's request is received by Customer Service at least 24 hours before the ordered product has been delivered to the carrier for delivery.
10. Right of revocation of La Mise en Bière
After the conclusion of the contract, La Mise en Bière is entitled to cancel an order, not yet delivered, at any time and without having to inform the Customer of the reasons.
11. Consequences of a revocation
In the event of revocation in accordance with articles 8, 9 or 10, the advance paid by the Client (excluding preparation and delivery costs) is refunded to him in cash or, at the free choice of La Mise en Bière, by means of a voucher. The refund is made in full settlement of all accounts and claims. Under no circumstances may the Customer claim additional damages from La Mise en Bière, as its claims are limited exclusively to the full return of the advance paid in cash or in the form of a voucher (excluding preparation and delivery costs and without interest). In the event of revocation due to a delay in delivery (article 9) or the exercise of the right of revocation of La Mise en Bière (article 10), La Mise en Bière is released from its obligation to deliver the goods.
12. Warranty for defects
Upon receipt of his order, the Customer must immediately inspect the delivered goods. If applicable, before signing the carrier's delivery note, the Customer must check whether there are any apparent defects at the time of delivery (product delivered that does not correspond to the product ordered, incomplete product, etc.). In the event of apparent defects, the Customer (or any other person receiving the goods for him) must indicate this on the delivery note, in the form of a handwritten reservation accompanied by his signature. In the absence of such a reservation, such defects shall be considered as accepted. In the case of defects that are not apparent at the time of delivery against signature or in the absence of such a delivery method, the Customer must notify the Customer Service of any defect within 3 Business Days as of becoming aware of the defect, failing which the defect will be considered accepted. With regard to return, the procedure of Article 13 shall apply. The goods ordered on the Site are guaranteed by their manufacturer, in accordance with the specific terms and conditions set out in the original documentation delivered with the goods or available from the manufacturer. It is the Customer's responsibility to inquire about the details of the warranty directly from the manufacturer. To remove any doubt in this respect, it is specified that only the manufacturer is liable for the guarantee, excluding La Mise en Bière. Under no circumstances does La Mise en Bière guarantee the guarantee offered by the manufacturer. IN ADDITION TO THE MANUFACTURER'S WARRANTY, LA MISE EN BIERE DOES NOT OFFER ANY WARRANTY WHATSOEVER. ARTICLE 199 CO (FRAUDULENT CONCEALMENT OF A FAILURE TO COMPLY WITH WARRANTY FROM THE BUYER) IS RESERVED. LA MISE EN BIERE IS, WITH FEW EXCEPTIONS, NOT THE MANUFACTURER OR REPAIRER OF THE PRODUCTS OFFERED ON THE SITE. When purchasing a plurality of products, the possible defect of a product, its replacement or the impossibility of shipping it does not invalidate the entire purchase contract. La Mise en Bière manages the order of each product independently.
13. Return procedure
In the event of a general request for revocation (article 8) or defect (article 12), the Customer must obtain a return authorization from Customer Service before returning any goods. No merchandise will be accepted without the return having first been accepted by La Mise en Bière. Upon receipt of the return authorization, the Customer has a period of 7 Business Days to return the merchandise to La Mise en Bière. After this period, the return will be refused. The return must be made using the original packaging, against signature. The Customer alone bears the risks associated with the return of the goods. Except in the case of a justified return due to a defect (article 12), the return costs are the responsibility of the Customer.
14. Contact information
To contact Customer Service, the Customer has two options:
By means of the form:
CONTACT US
By post mail to the following address:
La Mise en Bière, Rue de Crissier 1, 1020 Renens
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