Conditions of sale

Specific Online Sale Applicable from October 1, 2017 - updated October 2024

1. Conditions of application

The purpose of these general terms and conditions of sale is to define the conditions under which distance sales are concluded, in particular via the website www.bestheim.com and mail order sales, carried out by the Société Coopérative Vinicole Bestheim (SCVB), with its Customers located in mainland France.

Consequently, the order placed by the Customer implies the latter's unreserved acceptance of these general terms and conditions of sale, which he acknowledges to be fully aware of having read prior to placing the order, either in the documents sent to him with the order form or on the website www.bestheim.com

SCVB reserves the right to modify and update its general terms and conditions of sale at any time. These modifications and updates will be binding on the Customer from the date they are communicated to him or her or from the date they appear on the website www.bestheim.com>.

If a condition of sale is lacking, it will be governed by the practices in force in the mail order sector between companies with their registered office in France.

The buyer declares that he/she has read and accepted these general terms and conditions of sale before making the immediate purchase or placing the order. In this respect, they are enforceable against him/her in accordance with the terms of Article 1119 of the Civil Code.

As the sale of alcohol to minors is prohibited, the Customer who orders products undertakes to be over 18 years of age on the date of purchase. Alcohol abuse is dangerous for your health and you should drink responsibly. Customers located outside mainland France should contact SCVB to determine the conditions under which sales may take place.

In accordance with the principle of Extended Producer Responsibility (EPR), SCVB BESTHEIM has an identification number issued by ADEME to comply with the provisions of the Anti-Waste Law for a Circular Economy (AGEC). This number is: FR206169_01IIDX.

2. Pre-contractual information

The buyer acknowledges having been provided, prior to placing his order and concluding the contract, in a legible and comprehensible manner, with these general terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

• The following information is provided to the buyer in a clear and comprehensible manner:
• the essential characteristics of the goods;
• the price of the goods;
• all additional transportation, delivery or postage costs and all other possible costs.

The seller provides the buyer with the following information:

• his name or company name, the geographical address of his place of business and, if different, that of the registered office, his telephone number and his email address;
• the arrangements for payment, delivery and performance of the contract, as well as the trader's complaint handling policy;
• in the case of a sale, the existence and the terms of exercising the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code, as well as, where applicable, the commercial guarantee and the after-sales service referred to in Articles L. 217-21 and L. 217-24 of the Consumer Code.

With regard to digital content, the seller shall indicate:

any relevant interoperability of this content with certain hardware or software that the professional is aware of or should reasonably be aware of.

3. Offers and orders

The products offered as part of SCVB's distance selling activities are exclusively reserved for private customers, excluding professional resellers. For this purpose and for each new customer, SCVB reserves the right to request proof of identity and address before final confirmation of the order.

Orders can be delivered to mainland France. For any other destination, please contact us in advance by email at cave@bestheim.com.

The products for sale in the commercial documents sent by SCVB to the Customer and on the website www.bestheim.com are those described therein, with an indication of their price, their essential characteristics and delivery charges. The period of validity of product offers is specified on the SCVB commercial documents sent to the Customer and on the website www.bestheim.com and these offers are applicable to any order received before the expiry date of this period of validity. After this date, SCVB reserves the right to modify its offers.

In addition, these general terms and conditions of sale include the delivery methods and times, the payment methods, the guarantees inherent to the products, the contact details of SCVB and the terms and conditions for exercising the right of withdrawal.

For any additional information, the Customer may contact the SCVB at the following telephone number: 03 89 49 08 63 or by email at the following address cave@bestheim.com, with the SCVB undertaking to provide the Customer with any additional information that he or she may wish to obtain. As soon as the Customer considers that they have sufficient information, they may place an order, it being understood that by placing an order, they implicitly acknowledge having obtained all the desired information.

It is specified that given that the products sold by SCVB are, by their nature, limited in quantity, they are offered for sale while stocks last. This concerns in particular the vintage or any award claimed. In the event of a product being out of stock (other than a change of vintage or award), SCVB undertakes to inform the Customer within a maximum of 2 working days from receipt of the order, by post or e-mail, possibly offering the Customer a product of equivalent quality and price. The Customer may then either cancel his order and receive a refund of the price paid, or order any products of equivalent nature and price that may be offered to him, informing SCVB of his choice by post or e-mail, within 5 days of receiving the information concerning the unavailability of the products ordered.

In the event of the order being canceled, SCVB undertakes to reimburse the Customer within a maximum period of 14 days from the date of the order being canceled by the Customer.

To place an order on the www.bestheim.com website, the Customer must follow the order process specified there by filling in the online order form. For all other remote orders, the Customer may return the duly completed order form sent to him/her to SCVB at the address given in Article 17 or place his/her order by telephone on the following number: 03 89 49 08 63. The Customer provides the requested information, necessary for the completion of the sale in the area reserved for this purpose, taking care, on this occasion, not to omit any information essential for the proper execution of the delivery (access procedures, door codes, landline or mobile phone number, email address).

After validation of the order and payment by the Customer of the price thereof, on the website www.bestheim.com or after receipt by SCVB of the order form and payment by the Customer, the order is then final and the sale is deemed to have been made. From that point on, the order cannot be canceled or modified without the prior written consent of SCVB, subject to the Customer exercising his right of withdrawal as described in Article 6 of these general terms and conditions of sale. Payment within the meaning of this paragraph is the actual receipt of the price by SCVB.

The Customer will receive written confirmation of his order, at the latest upon delivery of the products ordered, specifying his name and address, the price and characteristics of the products ordered, the conditions, costs and delivery times, the conditions and procedures for the guarantees inherent in the products, the address and telephone number to which he can address any complaints and the conditions and procedures forexercise of the right of withdrawal to which he is entitled, as well as the withdrawal form. In exceptional circumstances, SCVB reserves the right to cancel an order placed by a Customer, if this order appears to be abnormal in terms of the Customer's true identity, the ownership of the payment method used by him and the delivery address provided. In this exceptional case, SCVB reserves the right to request in writing by post or email from the Customer all the required supporting documents as to his identity, the ownership of the means of payment used and the requested delivery address. If the Customer fails to provide SCVB with the requested proof in writing by post or email within 8 days of receiving the request from SCVB, SCVB shall be entitled to cancel the order placed with it, and shall inform the Customer of its decision in writing by post or email. In the event of cancellation of the order, SCVB undertakes to reimburse the Customer within a maximum period of 14 days from the date of cancellation of the order.

4. Delivery and transportation

Delivery is understood to mean the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's banking organization.

The delivery times indicated below or on any document issued by the Customer or SCVB are understood, unless otherwise specified, to be for products delivered by SCVB or by a carrier appointed by it, to the address given in the order.

Shipping costs are invoiced according to the quantities ordered. Orders can be delivered in mainland France. For any other destination, please contact the sales department in advance at cave@bestheim.com. All shipping and delivery terms and conditions are available on the website at the bottom of the general pages under the heading "DELIVERIES".

The delivery of the products ordered will be carried out by a carrier within a maximum period of 10 working days. In the event that SCVB is unable to ensure the delivery of the products ordered within the period of 10 days set above and provided that the delay in delivery exceeds 7 working days and is not due to a case of force majeure, then the Customer may terminate the sales contract as of right.

In this case, the Customer must inform SCVB by letter or e-mail, which will then undertake to reimburse the Customer, as soon as possible and in any case within 14 working days from receipt of the request for termination, all the sums that it could have received when the order was placed. Products sold by SCVB are shipped at the company's expense and risk. The transfer of risk and responsibility takes place when the products are delivered to the Customer's premises at the address given in the order, and the Customer undertakes to be present at the time of delivery. Deliveries are made to the ground floor of buildings. For deliveries to upper floors, please consult us.

SCVB cannot be held responsible for any inability to deliver that is beyond its control, due in particular to the absence of the Customer, an error in the address, or a lack of information on the conditions of access to the place of delivery (door code, etc.).

In the event of a shortage, damage or non-conformity of the products delivered in relation to the order, the Customer must indicate his reservations in writing on the delivery note with his signature and must inform SCVB of these incidents by post or e-mail within 48 hours of delivery, in order to enable SCVB to preserve its rights vis-à-vis the carrier.

If the products need to be returned to the seller, a return request must be made to the seller within 7 days of delivery. Any claim made after this period will not be accepted. The product will only be accepted for return if it is in its original condition (packaging, accessories, etc.).

5. Price and payment

The prices of the products appearing on the website www.bestheim.com&nbsp and on the commercial documents of SCVB include all taxes (VAT and other taxes applicable on the day of the order), for packaged products delivered to the address mentioned by the Customer.

Transport and delivery costs must be added to these prices, which the Customer can clearly see either on the website www.bestheim.com&nbsp or in the documents sent to them. The period of validity of promotional offers for products appearing on the website www.bestheim.com&nbsp and on SCVB commercial documents is that specified on them, and these prices are applicable to any order received before the expiry date of this period of validity. After this date, SCVB reserves the right to modify the promotional offers for its products.

The Customer may benefit from discounts and promotional offers that are clearly specified either on the website www.bestheim.com or in the documents sent to him.

Payment for products ordered on the www.bestheim.com website is made directly on the site, in cash, by bank card. Payment for products ordered with a paper order form must be attached to the order form returned to SCVB and is made by bank check or by bank card, in cash.

Payment for products ordered by telephone is made by bank cheque or bank card, in cash. The following bank cards are accepted: French cards, Eurocard, Mastercard, international Visa.

In order to ensure the security of online credit card payments, SCVB has adopted the CM-CIC P@yement system (from the CIC and Crédit-Mutuel banks) which uses SSL security protocol to protect all data related to the payment method used by the Customer as effectively as possible. This system guarantees the confidentiality of information transmitted on the www.bestheim.com, the data transmitted being encrypted by software that prevents it from being read during transmission over the network.

The invoice for the products ordered will be sent to the Customer with the delivery of the products and the written confirmation of the order referred to in Article 2. Any payment incident will authorize SCVB to suspend the execution of all current orders and to refuse any new order from the Customer, without the Customer being able to claim any damages or compensation.

6. Click and collect

SCVB has set up a "Click and Collect"/"Drive" service on its website www.bestheim.com. The Customer places an order on the website www.bestheim.com and selects the "Drive Carrier" delivery method before paying the amount due online.

Orders are to be collected, from Monday to Saturday from 9am to 12pm and then from 2pm to 6pm, from the Bestheim shop in Bennwihr (address: 3 rue du Général de Gaulle, 68630 BENNWIHR) or at the Bestheim shop in Westhalten (address: 52 rue de Soultzmatt, 68570 WESTHALTEN) depending on the Customer's choice.

The products are available for collection 48 hours after the order at the latest. SCVB will contact the Customer by telephone to inform them. The Customer must bring an identity document and a copy of their invoice to collect the goods ordered. The right of withdrawal applies in accordance with the provisions of clause 6 of these GTC. The Customer has 2 days to collect their order. Otherwise, the sale is deemed canceled and SCVB will refund the Customer within 7 days.

7. Withdrawal

In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of 14 days from receipt of the products ordered to exercise their right of withdrawal.

For "click and collect", the 14-day period starts from the date of collection of the goods.

When the period of 14 clear days expires on a Saturday, Sunday, public holiday or non-working day, the said period is extended until the next working day.

The Customer undertakes to inform SCVB of the exercise of his right of withdrawal, within the period specified above, by post or e-mail. In exercising his right of withdrawal, the Customer may return the products ordered to SCVB, with all costs of returning these products being borne by the Customer.

The products are to be sent to the following address: SCVB, 3 rue du Général de Gaulle, 68630 BENNWIHR. It is expressly stated that the products subject to the right of withdrawal exercised by the Customer will only be taken back if they are returned in their original packaging and in perfect condition for resale. Any product that has been partially consumed or damaged shall not be eligible for the right of withdrawal provided for in this article. Consequently, the Customer is advised to keep the original packaging until the withdrawal period has expired and not to damage the packaging provided when opening the package.

In the event that the Customer exercises the right of withdrawal, SCVB will proceed with the reimbursement (including the costs of transportation and delivery to the Customer), as soon as possible and at the latest within 14 days following the date of receipt of the products subject to the right of withdrawal at the SCVB premises or the date on which the consumer provided SCVB with proof of shipment of these products. This refund will be made via the same means of payment as that used by the Customer when placing the order. If SCVB fails to reimburse the sums due to the Customer within the aforementioned period of 14 days, it shall be liable to the Customer for late payment penalties as stipulated in Article L. 242-4 of the Consumer Code, under the conditions stipulated therein.

The customer may exercise his right of withdrawal using the following form:

"For the attention of the BESTHEIM wine cooperative, whose registered office is located at 3 rue du Général De Gaulle - 68630 BENNWIHR, email: cave@bestheim.com

I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the property (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Address of the consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate

8. Transfer of risk

The transfer of ownership and the related risks of loss and damage will only be realized after full payment of the price by the buyer, regardless of the delivery date. The products are therefore shipped at the seller's risk.

9. Guarantee and liability

It is the Customer's responsibility to verify that the products ordered meet his/her needs, it being specified that prior to placing the order, the Customer had the opportunity to obtain detailed information from SCVB on the characteristics of the products ordered. Given the nature of the products sold, SCVB recommends that the Customer store them in a place that allows for good conservation and in particular in a temperate place, sheltered from light, sun, frost and rain and without sudden temperature changes and free from odors.

SCVB guarantees the conformity of the goods with the contract, allowing the buyer to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee against defects in the item sold within the meaning of Articles 1641 et seq. of the French Civil Code.

In the event of implementation of the legal guarantee of conformity, it is reiterated that:

• the buyer has a period of 2 years from the delivery of the goods in which to act;
• the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
• the buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the goods.

If the Customer considers that the products delivered are flawed or defective or non-compliant, he must notify SCVB, by registered letter with acknowledgement of receipt, as soon as possible after discovering the defect or non-conformity, specifying the nature and extent of the alleged defect or non-conformity and providing all supporting documents as to the reality of the defect or non-conformity.

Furthermore, it is reiterated that:

• the legal guarantee of conformity applies independently of the commercial guarantee indicated above;
• the buyer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancellation of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.

The Customer shall provide SCVB with every facility to make all the observations it deems necessary. If, at the end of these observations, it turns out that the products delivered are indeed defective, flawed or non-compliant, then SCVB shall undertake to replace these products free of charge, to bear all the costs of returning these products and shipping products free of defects, defects or non-conformity, or, if unable to replace the products, to reimburse the Customer for the price of these products.

10. Force majeure

All circumstances beyond the control of the parties that prevent the fulfillment of their obligations under normal conditions are considered to be grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must notify the other party as soon as possible of their occurrence, as well as of their disappearance.

Any compelling facts or circumstances that are external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them, despite all reasonably possible efforts, will be considered as cases of force majeure. In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are considered as force majeure or unforeseeable circumstances, including but not limited to: storms, fires, floods, severe weather conditions, serious equipment failures, mobilization, war, transport disruptions, changes to laws or regulations concerning the products sold, total or partial strikes

The parties will consult to examine the impact of the event and agree on the conditions under which the contract will be performed. If the force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

If the impediment related to a case of force majeure persists for more than one month, then the Client may, if he sees fit, terminate the contract, by registered letter with acknowledgement of receipt, without this giving rise to any right to damages or compensation for either party. SCVB would then undertake to reimburse the Client for all sums paid, as soon as possible and in any event within a maximum of 14 days following notification of the cancellation of the sale by the Client.

11. Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole holder of the intellectual property rights to this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

12. Data protection

The personal data provided by the buyer is necessary for processing the order and drawing up invoices.

SCVB undertakes not to communicate to third parties the information transmitted to it by the Customer, without the Customer's prior written consent. This information will only be used by SCVB's internal services for the processing of the Customer's orders.

In accordance with the French Data Protection Act of January 6, 1978, the website www.bestheim.com has been declared to the Commission Nationale Informatique et Libertés (French Data Protection Authority) and the Customer has the right to access, rectify, delete or object to the personal data concerning him/her. To do so, the Customer simply needs to send a request to SCVB, either by email to the following address: cave@bestheim.com, or by post to the following address SCVB, 3 rue du Général de Gaulle, 68630 BENNWIHR, specifying their surname, first name and address.

13 Ombudsman

In accordance with Article L. 612-1 of the Consumer Code, the consumer customer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional.

The contact details of the competent mediator are as follows:

Name: Centre de médiation des conciliateurs de justice (CM2C)

Address: 14 rue Saint Jean 75017 PARIS

Website: https://cm2c.net

Contact: cm2c@cm2c.net

14. Personal data and GDPR

Customers are informed that the collection of their personal data is necessary for the sale and delivery of products, entrusted to the seller. This data is collected solely for the purpose of executing the sales contract. The following personal data may be collected by the seller:

• Identification and contact information (surname, first name, postal and e-mail address, telephone number)
• Identification and authentication data on our site (technical logs, IP address, age)
• Financial data relating to the customer's bank account or credit card, in the case of payment on the website.

You will only be asked for the information that is essential to achieve these purposes.

The personal data provided by the customer is necessary for processing the order and producing invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The seller will retain the collected data for the longest period necessary to comply with the applicable legal and regulatory provisions or for another period taking into account operational and management constraints and customer relations.

The seller shall implement the organizational, software, technical and physical means to ensure the confidentiality and security of personal data, so as to prevent its alteration, destruction and unauthorized access.

In accordance with the French Data Protection Act and European regulation 2016/679 on the protection of personal data, customers whose personal data is processed have the right to access, rectify, be forgotten, limit, oppose and transfer their data. These rights can be exercised by contacting cave@bestheim.com.

Data subjects also have the option of lodging an appeal with the supervisory authority (the CNIL).

15. Partial non-validation

If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law or regulation, or following a definitive decision of a competent court, the other stipulations shall retain their full force and scope.

16. Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

17. Election of domicile

SCVB elects domicile at the following address: 3 rue du Général de Gaulle, 68630 BENNWIHR and on its website www.bestheim.com.

All correspondence concerning distance selling by SCVB, particularly on the website www.bestheim.com&nbsp, and in particular any complaints made by the Customer, should be sent either to the above address by post or by email to cave@bestheim.com.

18. Data Protection Act

The personal data provided by the buyer is necessary for processing the order and producing invoices.

They may be communicated to the seller's partners responsible for the fulfillment, processing, management, and payment of orders.

The processing of information communicated via the website www.bestheim.com is subject to a declaration to the CNIL.

The buyer has the permanent right to access, modify, rectify and oppose any information concerning him/her. This right may be exercised under the conditions and according to the procedures defined on the website www.bestheim.com.

19. Applicable law

These general terms and conditions of sale are subject to French law, excluding the provisions of the Vienna Convention. This applies to both substantive and procedural rules. In the event of a dispute or complaint, the buyer should first contact the seller to obtain an amicable solution.

20. Jurisdiction

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law. In the absence of an amicable resolution, the Tribunal d'Instance de Colmar has sole jurisdiction for any disputes regarding the execution of our sales contracts, regardless of the conditions of sale and the method of payment accepted, even in the case of the introduction of third parties or multiple defendants.

Appendix: Delivery

Orders can be delivered to mainland France. For any other destination, please contact us in advance by email at cave@bestheim.com.

Shipping costs, including preparation and shipping costs, are €29.90 including VAT for any order of less than 24 bottles or less than €200 including VAT. These shipping costs are free for orders of €200 including VAT or more or for orders of 24 bottles or more.

The products are delivered directly to the Customer at the delivery address indicated during the ordering process, within 10 working days of the order date. However, this period is given as an indication and no compensation will be paid if the deadline is exceeded.

In the event of a delay in shipment, you will be sent an email to inform you of any possible impact on the expected delivery date.

In accordance with the legal provisions, in the event of late delivery, you have the option to cancel the order by contacting us by telephone on 03 89 49 08 63 or by email at cave@bestheim.com under the terms and conditions defined in Article L 138-2 of the Consumer Code.

If in the meantime you receive the product, we will refund the purchase price and delivery charges in accordance with the conditions of Article L 138-3 of the Consumer Code.

In the case of deliveries by a carrier, SCVB cannot be held responsible for late delivery due exclusively to the Customer's unavailability after several proposed appointments. Once the order has been shipped, any change of delivery address must be requested from our services, with written validation from the Customer, and will be subject to additional invoicing.