General Terms and Conditions of Sale (GTCS)
ARTICLE 1 : Scope of application
Moselweine.shop (hereinafter referred to as the "Seller" or "MSW") has set up an e-commerce service available on the Internet at the following address: www.moselweine.shop (hereinafter referred to as the "Site") for consumer customers (hereinafter referred to as the "Customer(s)"), i.e. any natural person who intervenes for purposes other than in the context of a commercial, industrial, artisanal or liberal activity.
ARTICLE 2 : Acceptance of these general conditions of sale
Unless otherwise agreed in writing between the parties, any order placed on the Site is automatically subject to these general terms of sale. These take precedence over any other document, such as a prospectus, press, catalogue or e-mailing issued by the Seller, which are only indicative.
Any use of the Site and/or placing of an order implies having previously consulted and accepted the entirety of these general conditions of sale.
MSW reserves the right to adapt or modify these general terms and conditions of sale at any time. In the event of modification, the general terms and conditions of sale applicable to each order are those in force on the day of the order.
ARTICLE 3 : Offers / prices / orders
All our offers of deliverable wines are valid while stocks last. The prices are expressed in Euros, all taxes included. MSW reserves the right to apply restrictions on the quantities available, or even to refuse or cancel an order that appears abnormal.
Orders are confirmed by the sending of the invoice, but are only definitive upon receipt of full payment of the price of the goods.
ARTICLE 4: Payment methods
The payment of the goods is made in full at the time of ordering, either by credit card such as Carte Bleue, Visa, Eurocard Mastercard, American Express, Pay Pal or by transfer to our bank account with the following references
BIC/SWIFT code: BGLLLLL
IBAN : LU00 0000 0000 0000 0000
ARTICLE 5 : Deliverable wines
MSW will draw up an invoice in Euros, including VAT, and send it to the customer at the billing address indicated. For all orders over 89 Euros including VAT delivered in one go to an address located in the Grand Duchy of Luxembourg and the Greater Region, delivery is free. For all orders below 89 Euros including VAT, a contribution to transport costs of 10 Euros including VAT will be requested, and for multiple deliveries in the Grand Duchy of Luxembourg and in the Greater Region, a contribution of 16 Euros including VAT per recipient will be added.
ARTICLE 6 : Deliveries
The goods are insured by us during their transport on the territory of the European Union and travel at our risk. Our deliveries are made directly by the winegrowers within a maximum of 5 working days from receipt of full payment of the final invoice. In the event of failure to comply with the 10-day delivery period, except in cases of force majeure, the Customer may cancel the order by e-mail if, after having asked MSW to make the delivery within a reasonable additional period, MSW has not ensured the delivery within this period. In the event of an error in the information provided by the Customer, MSW cannot be held responsible for the impossibility of delivering the goods to the right place at the right time.
On receipt of the goods, it is the recipient's responsibility to check the condition of the goods and to make all the necessary observations in the event of breakage, damage or shortages. Reservations must be made by e-mail within three days of receipt.
ARTICLE 7: Right of withdrawal
The Customer has the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which you or a third party designated by you takes physical possession of the goods. The Customer may also, at his express written request, exercise his right of withdrawal from the conclusion of the order.
In order to exercise the right of withdrawal, the Customer must express his decision to withdraw from this contract by means of a clear and precise statement (for example, letter sent by post or e-mail) to the following address MSW, 14, rue Strachen, L-6933 Mensdorf Luxembourg, Email: email@example.com
Effects of withdrawal: If you withdraw from this contract, MSW will return all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by MSW), no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment that you used for the original transaction, unless a different method is agreed in advance. The method of refund you choose will not incur any costs to you. We may defer the refund until MSW has received the goods.
You must return the goods to the address shown on the header of your MSW invoice without undue delay and in any event no later than fourteen days after you have informed us of your decision to cancel your order. This deadline is deemed to have been met if you return the goods before the fourteen day period has expired.
You will have to pay the direct costs of returning the goods.
The Customer shall only be liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
ARTICLE 9: Exchange of a product
In the event that the products ordered are out of stock, MSW may, with the agreement of the Customer, offer to replace them either with another vintage or with an equivalent wine.
ARTICLE 10: Retention of title clause
All our goods remain our property until full payment of the invoices due. This does not affect the transfer of risk to the customer upon delivery of the goods.
ARTICLE 11: Legal guarantees
- The customer has a period of 2 years from the delivery of the goods to act;
- In the event of a lack of conformity, MSW will replace the product with the same or an equivalent product. The replacement will be made within 1 month from the date of receipt of the product returned by the Customer, and after tasting by our trained and qualified teams, confirming in a contradictory manner the alleged defect;
- the legal guarantee of conformity applies independently of any commercial guarantee granted to the Customer;
- in the event of a hidden defect or product fault, the Customer may decide to implement the guarantee and in this case may choose between cancellation of the sale or a reduction in the sale price.
ARTICLE 12: Termination of the contract
In the event of non-payment by the Customer or withdrawal of the goods on the agreed due date and one month after a formal notice has remained unsuccessful, the sale may be terminated by the Seller by operation of law, with reimbursement of any advance payments made by the Customer, and the possibility for the Seller to request the return of the products already delivered, if applicable, without prejudice to other damages.
ARTICLE 13: Amicable settlement of disputes
In the event of difficulties in the application of these general terms of sale, we invite you to seek an amicable solution by contacting MSW beforehand. If you have sent a written complaint and you have not obtained satisfaction or a response within two months, you may submit your complaint free of charge to the consumer ombudsman. The ombudsman must be contacted within one year of the initial complaint. The mediator is: Service national du Médiateur de la consommation. He can be consulted directly online at the following address: firstname.lastname@example.org - or by post: Service national du Médiateur de la consommation, Ancien Hôtel de la Monnaie, 6, rue du Palais de Justice, L-1841 Luxembourg.
ARTICLE 14 : Applicable law and jurisdiction
The present general terms and conditions of sale are subject to Luxembourg law. In the event that one of the clauses of these general terms and conditions of sale is null and void, this shall not affect the validity and respect of these general terms and conditions of sale. In the event of a dispute arising from or related to the placing or execution of an order, the competent Luxembourg court will be designated according to the rules of common law.
ARTICLE 15 : Protection of minors
In accordance with the law of 22 December 2006 prohibiting the sale of alcoholic beverages to minors under 16 years of age, the Customer declares and undertakes to be at least 16 years of age on the date of the order.
ARTICLE 16 : Health warning
Alcohol abuse is dangerous for your health, consume with moderation.
ARTICLE 17 : Visuals
The photos used on the site are for illustrative purposes only and have no contractual value. We invite you to consult the description of each product to know the precise characteristics.
ARTICLE 18 : Protection of files and intellectual property
In accordance with the provisions of law n°98-536 of 1st July 1998, transposing directive 96/9/CE of 11th March 1996, concerning the legal protection of databases, MSW is the producer and owner of all or part of the databases making up this Site. Furthermore, all the contents of this Site (texts, images, photos, graphics, logos, icons) are protected by copyright. Any use or reproduction, even partial, of the Site or its contents is strictly prohibited, except with the express authorisation of its author.
(Please complete and return this form only if you wish to withdraw)
For the attention of
MSW - Moselweine.shop
c/o amyma web SARL
14 rue Strachen,
Tel: +352 621 155 713
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Order number :
Ordered on :
Received on :
Name of buyer(s) :
Address of buyer(s) :
If your request concerns only part of your order, please specify the product(s) you wish to cancel and their quantity:
Product n°1 :
Product n°2 :
(*) Delete as appropriate
ARTICLE 19 : Legal information
Name: Moselweine.shop by amyma web SARL
Legal form : SARL
RCS : Luxembourg B179711
VAT number : LU263223502
Registered office : 14, rue Strachen, L-6933 Mensdorf Luxembourg
Share capital : 50.000 Euros
Email : email@example.com