Terms of Sales

Éditeur

Company name: À AUXEY SELECTION
Address: 1 Rue du Dessous, 21190 Auxey-Duresses
Email: contact@caveau-auxey.fr
Phone number: 06 62 82 90 16
SIRET: 84469477800011
Publication Director: François MOREY

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Terms of Sales

The purpose of this agreement is to set out the conditions for distance selling and delivery of the products (hereinafter the “Products”) offered for sale on the website accessible at https://www.caveau-auxey.fr (hereinafter the “Site”), by the company SARL A AUXEY SELECTION (hereinafter the “Seller”), a limited liability company (SARL) with share capital of 20,000 Euros, registered with the Dijon Trade and Companies Register under intra-Community VAT number FR86844694778, whose registered office is located at 1 Rue du dessous – 21190 Auxey-Duresses, represented by its Manager, Mr François Morey. The offers on the Site are exclusively reserved for private customers and legal entities, excluding professional resellers.

Legal and pre-contractual information

The sale of alcohol to minors under eighteen (18) is prohibited in France, and the Seller reserves the right to refuse an order placed by a Customer who cannot prove that they are of legal age.
It is also reminded that alcohol abuse is dangerous for health and that any product containing alcohol must be consumed in moderation.

The term “Business Day(s)” means, for the purposes of these Terms and Conditions, all days of the week except Saturdays, Sundays and public holidays.
All data appearing on the Site (logos, images, texts and descriptions, drawings, visuals, layouts, etc.) are the exclusive property of the Seller. Any use, partial or total reproduction not previously authorised is prohibited. Failure to comply with this prohibition constitutes infringement and may incur the civil and criminal liability of the infringer.
It is also reminded that the photos and illustrations used on the Site are non-contractual. For more information, please refer to our Terms of Use.
Costs related to the Customer’s computer equipment (computer, smartphone, tablet, etc.) and the Customer’s Internet connection remain at their expense.

Article 1: Application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the GTC) apply to all sales of products by SARL A Auxey Sélection on its online shop: https://caveau-auxey.fr (hereinafter the Site), exclusively reserved for adult natural persons or persons having the minimum legal age for the purchase and/or consumption of alcohol in their country of residence, and for legal entities. In order to read them with each order placed, the GTC are available to the customer from the Site’s homepage, under the “General Terms and Conditions of Sale” section, and will be attached to the order confirmation email sent to the customer after finalising their order. Placing an order implies the Customer’s prior and unconditional acceptance of these GTC, to the exclusion of any other document such as brochures or catalogues issued by the Seller, whose value is only indicative, or any other purchasing condition submitted by the Customer unless the Seller has given its express prior written agreement.

Any changes to the GTC will apply only to sales concluded after such changes, the dates shown on this page and on the acknowledgement of receipt of the order sent to the Customer being authoritative.
The Seller reserves the right, for any new customer, to request proof of identity and address before the final validation of their first order.

Article 2: Prices
The Seller’s sale prices are those indicated on the online shop website at the time of ordering. Products and their prices are regularly updated and the Seller reserves the right to change its prices at any time.
Unless otherwise specified, prices are indicated in euros, including all taxes (at the French VAT rate in force on the date of the order), excluding shipping costs. They do not include shipping costs (order preparation, packaging, transport and insurance), nor bank charges billed to the Customer by their bank in the event of payment by bank transfer, which are the sole responsibility of the Customer.
Shipping costs are displayed at the end of the ordering process in the order summary, and vary depending on the quantities and total amount of the order, as well as the country of delivery and the delivery options selected by the Customer.
When the country of delivery of the Products is a member country of the European Union, the prices of the products selected by the Customer will appear in the order summary, including all French taxes. Shipping costs appear separately and, depending on the Customer’s choice when ordering, they may or may not include loss/breakage/theft insurance.
Where the delivery address of the Products is located in a country outside the territory of the European Union, the prices of the Products selected by the Customer will appear excluding tax in the order summary. Packaging, transport and other order processing costs will appear separately excluding tax. In this case, loss/breakage/theft insurance is mandatory and covers the value of the goods purchased.
By validating these General Terms and Conditions of Sale, the Customer who has entered a delivery address for the Products in a country outside the territory of the European Union acknowledges and accepts that any customs duties, local taxes and excise duties are not included in the prices displayed on the Site, nor in the Product description, nor in the order summary. In these circumstances, it is solely the Customer’s responsibility to contact the competent authorities to find out the amount and payment terms of any customs duties, local taxes and excise duties that will be charged for the import of the Products.
Shipping costs relating to delivery terms can be consulted on the Site under the heading “Shipping costs”.
Some seasonal offers include shipping and insurance costs: in this case, these elements are indicated in advance in the product description.

Article 3: Order content
The order must strictly comply with the offer as issued on the Site, in particular the formats and quantities offered, within the limits of available stock and expiry dates.
The photographs and graphics reproduced and illustrating the Products are intended to provide a representation of the Products as close as possible to reality, without the Seller being able to exclude minor differences between these visuals and the Products delivered, or any change in graphic charter that may be made to the labels, which are nevertheless not likely to affect the essential characteristics of the Products.
The Seller endeavours to offer Customers the most reliable and highest-quality information possible regarding the Products for sale on the Site, but does not guarantee the completeness of this information.
Upon receipt of the Products, the Customer is invited to read the information reproduced on the labelling, it being reminded that they are solely responsible for the choice of Products and their use, including the conditions of their storage and consumption.
In the event of temporary or permanent unavailability, in whole or in part, of the Product(s) ordered, the Customer will be informed as soon as possible by email of the possibility of requesting full or partial cancellation of their order.

Article 4: Order steps
1. The Customer places an order on the website: https://caveau-auxey.fr
The order is subject to the Customer’s acceptance of these GTC, the price and the essential characteristics of the wines and accessories chosen, available on the Site.
2. The order is placed using the “Add to cart” button for the desired products,
3. After selecting their products, the Customer can go to the order summary page by clicking “View cart”.
4. On this summary page, the Customer is reminded of the selected products, their unit price including tax, and the total amount including tax to be paid, excluding shipping costs.
If the customer has a promotional code, they are invited to use it at this stage by entering it in the appropriate field and clicking “Apply promo code”
At this stage, the Customer also has the option to modify or cancel their order.
The Customer may then choose to confirm their order by clicking “Checkout”.
5. The Customer is then offered the option to log in to their customer account using their email address and password, or to create a customer account. The Customer provides the requested information necessary to complete the sale in the “Billing details” sections.
It is possible to specify a delivery address different from the billing address by ticking the box provided for this purpose and completing the specific form for this scenario. Shipping costs and VAT will then depend on the delivery address.
As regards information falling within the category of personal data, the Customer is invited to read the Privacy Policy, the Terms of Use and the Seller’s cookie policy accessible on the Site under the “legal notice” section
5. The Customer definitively accepts the order by validating the general terms and conditions of sale, choosing their payment method and then clicking the payment button (which differs depending on the payment method chosen).
Payments by Carte Bleue are secured via the Seller’s bank Crédit Mutuel’s Monético platform.
Specific online purchase fees charged by the buyer’s bank or any other intermediary remain the sole responsibility of the buyer.
The buyer’s acceptance is then final, subject only to the possible exercise of their right of withdrawal described below in Article 11 – Right of withdrawal.
8. The Seller confirms the order to the Customer by email summarising it along with the GTC. The terms for exercising the right of withdrawal as defined in Article 11 of these GTC are available on the Site, as well as the address of the Seller’s establishment to which the Customer may submit complaints and information relating to after-sales service.
9. Orders become final only upon receipt of full payment of the price of the products and shipping costs by the customer.
10. An invoice may be sent to the customer upon simple request by email to contact@caveau- auxey.fr, indicating the order reference number.

Article 5. Customer’s liability regarding the creation and use of their customer account.
The Customer is identified by their email address and personal password.
The Customer undertakes to provide accurate and truthful information about their situation, and to regularly check the data concerning them before each new order and, where applicable, to make the necessary changes online in their Customer Account. The Seller draws the Customer’s attention in particular to the need to provide a valid email address and phone number.
The Customer must have legal capacity to place an order on the Site and, in the case of an order placed on behalf of a legal entity, must have the necessary authority to place the order and bind said legal entity under these terms.
In no event can the Seller be required to verify the Customer’s legal capacity, or the necessary authority of the person placing the order when the Customer is a legal entity.
Accordingly, if a Customer does not have legal capacity and nevertheless orders Products on the Site, their legal representatives must assume full responsibility for said order and, in particular, pay the price.
The same applies to orders placed on behalf of a Customer that is a legal entity where the person concerned does not have the necessary authority to bind said legal entity, in which case the Customer will assume full responsibility for said order and will in particular be required to pay the price.
It is reminded that the Product offers made available through the Site are not accessible to natural persons or legal entities wishing to make a purchase on the site as part of a professional commercial or liberal activity.
The Seller reserves the discretionary right to refuse, or subsequently invalidate, the registration and order of a Customer whose information proves to be inaccurate, in particular regarding their age.
Creating a Customer Account necessarily implies that the Customer chooses a password allowing them to access their Customer Account and place orders on the Site.
This password can be changed online from the Customer Account. This password is personal, confidential and non-transferable, and the Customer therefore undertakes not to disclose it to third parties.
Any access to the Customer’s Customer Account using their password is deemed to have been carried out by the Customer.
In any event, the Seller cannot be held liable for fraudulent or abnormal use of the Customer’s password and/or Customer Account, the Seller reserving the right to temporarily suspend access to the Customer Account where such use is detected.
The Seller also reserves the right to use the Customer’s password exclusively for the technical maintenance of the Site.

Article 6: Payment methods
All payments are denominated in euros. Authorised payment methods include bank card (Carte Bleue, Visa, Eurocard/Mastercard, American Express, JCB, Union Pay) by entering in the area provided for this purpose (secure entry via SSL encryption) the card number, without spaces between digits, as well as its expiry date and the three-digit security code on the back of the card.
The information is encrypted and undecipherable. The Seller does not have access to it; only the acknowledgement of successful payment is received.
Payment via PayPal is also possible.
Whatever payment method is chosen, the Seller reserves the right not to confirm, to suspend or to cancel the execution of any order, whatever its stage of execution, for any reason whatsoever, in particular relating to the Customer’s age, a Product availability issue, non-payment or partial payment of any sum due by the Customer, a dispute relating to payment for a previous order, or fraud or attempted fraud in connection with use of the Site.
After validating their order on the Site, the Customer will receive by email an acknowledgement of receipt from the Seller containing the details of the order (hereinafter the “Order Confirmation Email”), provided that the email address indicated when creating the Customer Account is valid and contains no errors.
It will contain all the elements constituting the contract between the Customer and the Seller (Products ordered, rates, prices, place of delivery, shipping costs, etc.), as well as a copy of the version of these General Terms and Conditions of Sale as validated by the Customer at the time of validating their order.
The Customer guarantees the Seller that they have the necessary authorisations to make payment by bank card, the Seller reserving the right to request a photocopy of the Customer’s identity card and/or bank card (front side only) for any payment by bank card.
As part of the fight against Internet fraud, information relating to the Customer’s order may be transmitted to any third party authorised by law or designated by the Seller solely for the purposes of verifying the Customer’s identity, the validity of the order, the payment method used and the intended delivery.
Any delay or payment incident may result in the Seller applying the following increases, from the date a formal notice letter is sent to the Customer by registered letter with acknowledgement of receipt:
a) a flat €40, for administrative and accounting costs,
b) 1% per month, as late payment interest, from the due date,
c) as damages: 5% of all sums due per month from the 3rd month of late payment.
i) all costs resulting from non-payment, such as bank rejection fees.
ii) all costs necessary to recover the sums due, including in particular lawyers’ fees and any bailiff’s fees incurred.

Article 7: Transfer of ownership
Ownership of the products is transferred to the customer only after full payment of the order price, i.e. upon the Seller’s receipt of the order price.

Article 8: Availability of goods
Offers are always made subject to available quantities. If a product is no longer available, the Seller offers the customer an alternative product of at least equal value to the unavailable product. Without the customer’s agreement, the order is cancelled in full. In the event of cancellation following the order, the price including tax and the shipping costs including tax will be refunded in full to the Customer within fourteen (14) days of the order.

Article 9: Collection from the point of sale or Delivery

1. COLLECTION FROM THE POINT OF SALE
To be collected within 7 business days following the chosen order date at the sales cellar. After this period, the Customer must make a new collection appointment with the cellar staff.
If the buyer has chosen to collect the goods from the Seller’s point of sale, they will be handed over only to the person who placed the order, upon presentation of a valid identity document. If the person who placed the order cannot go to the point of sale, they may ask a third party to attend in their place. This person must bring their own valid identity document, a written and signed authorisation from the person who placed the order, and a copy of the valid identity document of the person who placed the order.

2. DELIVERY TO THE ADDRESS PROVIDED BY THE CUSTOMER
It is specified that the Seller authorises delivery of its products from a single bottle. Shipping costs applied to orders of 6 bottles or fewer remain the same, whether the order consists of a single reference or several different references.
In the case of an order with a delivery request, the order specifies the place of delivery and information concerning any specific requirements relating to that order. Any change to the place of delivery must be notified by the Customer to the Seller by telephone, the number being specified on the Site, and in any event 48 hours before the order is taken over by the carrier. Presentation of the goods at the place and on the date indicated by the Customer releases the Seller from its delivery obligation.
The Products are delivered to the delivery address indicated by the Customer during the ordering process and also shown in the Order Confirmation Email; in the event of an error in the wording of the Customer’s contact details (in particular surname, first name, street number and name, postcode, phone number or email address, etc.), the Seller cannot be held liable for the impossibility or delay of delivery.
Nor can the Seller be held liable for the impossibility or delay of delivery where the Customer does not receive information by email or SMS concerning the routing and delivery date of the Products, in particular due to various technical problems that may hinder the proper circulation of this information and over which the Seller has no control.
Whatever delivery method is selected by the Customer, the parcel is handed to the Customer or the recipient.
If the Customer or the recipient is absent, the Customer or the recipient of the order receives a delivery notice by email or SMS, or in their letterbox, enabling them to collect the parcel from the place indicated by the carrier, or to arrange an appointment with the carrier for a new delivery.
If the Customer or the recipient is absent at the time of delivery and does not collect the Product(s) within the allotted time, or does not arrange an appointment with the carrier for a new delivery, the Product(s) will be returned to the Seller, who will refund the price to the Customer, less shipping costs (including return shipping) and packaging costs, under the conditions referred to in Article 9, unless the Customer wishes their order to be shipped again at their expense.

3. DELIVERY TIMES
The indicative standard delivery time is ten (10) business days following the day the validated order is processed (order processing is carried out within 48 hours of validation), Monday to Friday, between 9 am and 6 pm, except in exceptional circumstances (hazards or force majeure mentioned in Article 15). For Saturday deliveries, the Seller must be consulted in advance by telephone. During periods of high heat or temperatures below 0°C, the Seller reserves the right to postpone shipment in order to preserve the qualities of the product. The buyer is then informed by any possible means (email, SMS, phone call). The customer may then request delivery anyway: they then lose the benefit of insurance linked to climatic conditions.

4. DELIVERY TERMS
Transport methods vary depending on the place of delivery, the quantities of Products ordered and the choices made by the Customer on their order form.
Details of the Seller’s offer in terms of shipping methods and costs and delivery times are set out in the “Shipping costs” section
For shipments in mainland France, including Corsica & Monaco, transport rates always include parcel insurance against loss or damage caused to the Product(s) transported, excluding non-material damage, damage resulting from delay and indirect damage (loss of enjoyment, etc.).
THUS, THE ORDER TRAVELS AT THE SELLER’S RISK.
The risks attached to the Order are transferred from the Seller to the Customer at the time of delivery to the Place of Delivery. It is therefore the Customer’s responsibility to check AT THE TIME OF RECEIPT of the Order that it is complete and undamaged and to inform the Seller IMMEDIATELY of any damage or missing items, so that the Seller can exercise any necessary recourse against the carrier within the legal time limits.
Upon delivery, the Customer is required to check the condition of the packaging as well as the contents of the parcel(s). In the event of missing items or transport damage (damaged carton or showing visible signs of opening, traces of liquid or wine stains, smell of alcohol indicating breakage, etc.), the Customer must refuse the Order or the damaged part of the Order and indicate an explicit and complete reservation on the delivery note specifying the missing items and/or damage observed.
When the Customer signs the delivery note without reservation, the parcel is deemed delivered in conformity. The Customer’s note on the delivery note “subject to unpacking” has no legal value.
In the event of an error in the Order, the Customer must refuse receipt of the part of the Order that does not correspond and indicate an explicit and complete reservation on the transport documents specifying the error observed. At the Customer’s choice, the undelivered part of the order will be refunded or delivered at the Seller’s expense, risk and peril, subject to the reality of the error motivating the refusal. Reservations made on the transport documents must be confirmed to the Seller within forty-eight hours (48h), so that the Seller may, where applicable, exercise its recourse against the carrier.
ALWAYS CHECK YOUR ORDER UPON RECEIPT IN THE PRESENCE OF THE CARRIER
Failing complete and explicit reservations, the Customer risks losing their right to claim and compensation against the Seller and the carrier, or causing the Seller to lose its right to claim against the carrier.
a. Orders of fewer than twenty-four (24) bottles
For orders of 24 bottles or fewer, the Seller’s carrier undertakes to deliver the parcel to the Customer’s home. If the Customer is absent, a delivery notice will be left and the parcel will be stored at a relay point depending on the delivery area. The address and contact details of the relay point will be indicated on the delivery notice.
The Seller’s transport partnership guarantees the Customer quality shipping and respect for the goods.
If, exceptionally, the Customer notices that delivery has not taken place within the time limits indicated above, they must immediately inform the Seller so that the Seller can remedy the problem. The Seller undertakes to do everything possible to deliver the products as quickly as possible. Any delays do not entitle the Customer to cancel the sale, refuse the goods or claim damages.
b. Orders of more than twenty-four (24) bottles
For orders of more than 24 bottles, the parcel will be delivered to the Customer’s home by a road carrier. The latter will contact the Customer by telephone to arrange a delivery time slot.
If the Customer is absent during the agreed time slot, a second delivery will be scheduled by appointment using the same means and may incur an additional transport cost. Deliveries made by carriers correspond to rounds; no fixed time appointment can be required, only the delivery day can be agreed.

Article 10: Shipping costs
Shipping and packaging costs for mainland France and member countries of the European Union are added to the product price according to the scale available on the website under the “Shipping costs” section.

Article 11: Right of withdrawal
A right of withdrawal is offered to the Customer under Article L.221-18 of the French Consumer Code.
The Customer, a non-professional natural person, has the right to withdraw from their Order without having to provide reasons.
The right of withdrawal must be exercised:
– by written notification, at the Customer’s choice, using the withdrawal form accessible in the appendix to these GTC or received by email when the Seller confirms the Order, explicitly stating in the subject line “Exercise of right of withdrawal”, and providing their surname, first name, postal address and/or email address, as well as the number of the Order concerned and the reference of the products concerned,
– And the form must be sent within fourteen (14) calendar days from receipt of the Products ordered (in the event of partial delivery on the same order form, fourteen (14) calendar days after receipt of the last Products ordered);
to the following addresses:
– Email: contact@caveau-auxey.fr (email date being authoritative)
– or by post to: A Auxey Selection – Customer Service, 1 rue du dessous 21190 AUXEY
DURESSES (postmark being authoritative).
Returned products must be accompanied by the withdrawal form duly completed with the references and quantities.
The Customer who exercises this right of withdrawal will be obliged to return the ordered goods to the Seller’s point of sale, under their responsibility and at their expense.
The Products must be returned in perfect saleable condition (i.e. fit for resale), unopened and undamaged, with cartons or cases unopened and unsealed, within fourteen (14) days following communication of the decision to withdraw. Accordingly, any damaged product will neither be taken back nor refunded.
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the first following business day.
Otherwise, the Seller reserves the right to refuse the Customer’s return of the Product and its refund. In this case, the Seller will keep the returned products available to the Customer for a period of three (3) months on its premises.
If payment for the returned products has already been received by the Seller, the Seller undertakes to refund the Customer within fourteen (14) days from receipt of the returned products in perfect saleable condition. The refund will be made using the same payment method used by the Customer.
Where the goods were sold as part of a promotional bundle, the entire bundle must be returned to the Seller, due to the indivisibility of the order and the overall price invoiced.

Article 12: Compliance – Wine quality
The Seller is liable for lack of conformity of the goods sold under Articles L 217-4 et seq. of the French Consumer Code and for hidden defects of the goods under Article 1641 et seq. of the French Civil Code.
When acting under the legal guarantee of conformity, the Customer:
– Has a period of two years from delivery of the goods to take action,
– Is not required to prove the existence of the lack of conformity of the goods during the first 24 months following delivery of the goods,
– May choose between a refund or replacement of the goods with identical or equivalent goods depending on availability (same AOP/IGP but different vintage, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code) – subject to the Seller’s acknowledgement of the lack of conformity.
When acting under the legal guarantee against hidden defects, the Customer:
– Has a period of two years from discovery of the defect to take action,
– May choose between a refund or replacement of the goods with identical or equivalent goods depending on availability (same AOP/IGP but different vintage), or a reduction in the sale price – subject to having effectively demonstrated the existence of the alleged hidden defect.
It is reminded that the Products are living products, which require suitable storage conditions in order to preserve their organoleptic qualities. They must therefore be stored away from direct light, frost and heat – in a room at an ambient temperature between 5 and 15°C for wines and between 5 and 25°C for spirits.
Consequently, where the lack of conformity results solely from the Customer’s failure to comply with the storage conditions recalled above, the Customer may not act under the guarantee against the Seller.

Article 13 – Personal Data
As part of placing an Order, and to enable the Seller to respond to the Customer’s requests, the Seller requires a certain amount of information, including personal data such as the Customer’s first and last name, telephone contact details, and email address.
As the Data Controller for Personal Data collected when an Order is placed, the Seller makes every effort to protect it. This data is stored on servers located exclusively within the European Union and is not subject to transfer outside the European Union. The Seller will not send any offers or commercial communications (such as Newsletters) without having obtained the Customer’s express consent via a checkbox or an email request.
The processing schedule is established as follows:
At the time the Customer places an order, their Personal Data as completed on the Order Form (first name, last name, product or service, delivery address, billing address, etc.) is recorded for use in the execution of their order and the management of their customer account. With the Customer’s express consent, it may also be used for sending offers and commercial prospecting. This Personal Data remains accessible to the Customer (for modification) and to the Seller (for viewing for processing purposes), particularly from their Member account, to allow the Customer and the Seller to have a complete history of Orders. The Seller may delete it at any time upon simple request from the Customer.
Following collection, Personal Data is kept for a period of five (5) years from the Customer’s last Order.
At the end of this period, the Customer will be considered an “inactive Customer,” and their Personal Data will be deleted. For any new Order, the Seller must therefore request this information again.
However, at the end of this five (5) year period, or where applicable from the date of the Customer’s request for deletion, their Personal Data may be archived in order to satisfy
the Seller’s legal, accounting, and tax obligations (such as the obligation to retain invoices for a period of ten (10) years, as set out in Article L.123-22 of the French Commercial Code).
The Seller undertakes to take all useful precautions to preserve the security and strict confidentiality of the personal information transmitted by its Customers, and in particular to prevent unauthorized third parties from accessing it. This data will neither be sold nor transmitted to third parties without the Customer’s prior consent, with the exception of the Seller’s partner carriers for the proper execution of Order Delivery.
When the Customer chooses to pay for the Order by Credit Card, they provide the Seller with their credit card number, expiration date, and the security code on the back of the card. This data is immediately transferred to their banking institution, and the Seller has no knowledge of this information. This is why this information will be requested from the Customer for each new order payment by Credit Card.
As part of the processing of the Customer’s Personal Data, the Seller undertakes to comply with current French and European legislation applicable to the processing of personal data, and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, applicable since May 25, 2018. Under the Regulation, the Customer has a right of access, rectification, limitation, and opposition to processing, as well as the right to portability and erasure of personal data concerning them. These rights may be exercised with the Seller by written request accompanied by proof of identity and sent to the following address:
By post: A Auxey Selection 1 rue du dessous 21190 AUXEY DURESSES FRANCE
By email: contact@caveau-auxey.fr
The Customer is entitled to withdraw their consent at any time regarding the processing of their personal data. This right may be exercised by mail addressed to the Seller at the contact details indicated above.

Article 14: Contingencies and Force Majeure
Neither party shall be held liable for the non-performance of any of its obligations in the event of a contingency or a case of force majeure as defined by Article 1218 of the French Civil Code and by case law.
In order to claim force majeure or a contingency, the Party invoking it must notify the other Party as soon as possible and at the latest within three (3) working days of its occurrence, by telephone, email, or fax.

Article 15: Amicable Dispute Resolution and Mediation
The Seller’s customer service is available to the Customer to amicably resolve any problem resulting from an order and its execution.
In case of difficulties in the application of these T, the Customer shall first and as a priority contact the Seller’s customer service, to whom they will send a written complaint to the following address:
By post: A Auxey Selection 1 rue du dessous 21190 AUXEY DURESSES FRANCE By email: contact@caveau-auxey.fr
CONSUMER MEDIATION
In accordance with the provisions of Articles L611-1 and R612-1 et seq. of the French Consumer Code regarding the amicable settlement of disputes:
When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, they may submit their complaint free of charge to the consumer mediator.
The mediator must be contacted within a maximum period of one year from the initial complaint.
The mediator MCP MÉDIATION can be contacted directly online at the following address: www.mcpmediation.org
or by mail: MÉDIATION DE LA CONSOMMATION PATRIMOINE – 12 Square Desnouettes – 75015 PARIS
The Customer may also visit the European online dispute resolution platform at: https://webgate.ec.europa.eu/odr .
In the absence of an amicable agreement, the Customer will have the possibility to refer the matter to the competent jurisdiction as specified below.

Article 16: Applicable Law and Jurisdiction
These TCs are subject to French law.
In the event that an agreement cannot be reached, all disputes arising from the execution of an order or the interpretation of these conditions, and more generally from agreements of any kind concluded between the parties, will be assigned:
– for a consumer, to the court of the place of their domicile on the day of the complaint or at the time of the conclusion of the contract or to the court of the place where the harmful event occurred;
– for a non-consumer, to the court of Beaune