GENERAL TERMS AND CONDITIONS OF SALE

Specific to online sales, applicable from 1st October 2017 onwards

Clause 1: Application and Scope

The general terms and conditions set out herein cover the rights and obligations which apply to the Société Coopérative Vinicole BESTHEIM (SCVB) and its Customers (exclusively persons over the age of legal majority) with regard to all products purchased via the online store at https://preprod.bestheim.com.

By placing an order via the website bestheim.com, customers confirm their full, unconditional and unreserved acceptance of these terms and conditions of sale. The information provided, including the order confirmation, will be considered as sufficient proof of transaction.

You confirm your awareness and acceptance of these terms and conditions. The order confirmation will carry the same weight as a signature, confirming acceptance of the operations in question.

These terms and conditions will also apply to all other forms of order established between the parties.

SCVB is free to modify, update or correct these terms and conditions, particularly in order to reflect changes in the commercial, legal or technical conditions. Wherever possible, SCVB will endeavour to inform customers of such changes.

SCVB shall undertake to provide products which abide by all applicable national and international regulations regarding hygiene, public health, sustainable development, human rights and child protection. To this end, all of our production facilities are IFS-certified.

The promotional offers featured on this website are available exclusively to individual customers, and not professional retailers. As such, SCVB reserves the right to request proof of ID and address from all new clients before definitively confirming their orders.

Clause 2: Prices

The prices of our products are given in Euros and are inclusive of tax (VAT and other taxes applicable at the time the order is placed), unless otherwise specified. They do not include handling and shipping fees. The shipping fees charged will depend on the quantities ordered. Orders can only be delivered within mainland France and Corsica. For all other destinations, please get in touch with our sales team at ffreyburger@bestheim.com. Full details of our handling and delivery policy can be found on the DELIVERY page of this website.

Clients are entitled to automatic quantity discounts for orders meeting the following criteria:

Quantity discount of -5% on sums over €300 (inc. tax)

Quantity discount of -7% on sums over €500 (inc. tax)

Quantity discount of -10% on sums over €750 (inc. tax)

Quantity discount of -15% on sums over €1000 (inc. tax)

SVCB reserves the right to change its prices at any time. Nevertheless, the company promises to invoice all orders at the prices given at the time the order was placed.

All promotional offers are subject to available stock. If the products ordered are not available, the customer will be reimbursed for all sums paid within twenty days of notification of the stock shortage. No compensation or penalty will be payable.

Clause 3: Orders

To place an order, customers must first create a user account on the website bestheim.com. Orders can be placed via the website bestheim.com using the paperless ordering procedure. SCVB will confirm receipt of orders via email. Confirmation will only be issued once the order has been paid in full by the customer.

If one or more products should be out of stock, SCVB will inform the customer via email or by telephone. A similar product may be offered as a suitable replacement.

If this substitution changes the total cost of the order, the card used to pay for the order will be reimbursed accordingly.

There is a minimum order requirement of 3 bottles for each wine ordered. If a vintage is no longer available it will be replaced with a more recent vintage of equivalent quality. Customers will be informed of such substitutions in advance.

The order will only be confirmed when the corresponding invoice (including tax and shipping costs) has been paid in full.

Clause 4: Invoicing and payment methods

An invoice is prepared for each order shipped. Once an order has been shipped, the corresponding invoice will be available in the customer's online user space within 24 hours. Customers wishing to contest an invoice must notify SCVB of their complaint by email within ten days of the corresponding invoice date. After this period has expired, all complaints will be considered null and void.

Confirming an order confers upon the buyer an obligation to pay the corresponding sums. Orders must be paid with a valid bank card, using the secure CM-CIC P@yement system. Your bank card will be charged immediately once the secure payment process is complete.

Bank card payment via the CM-CIC P@yement interface on the website bestheim.com is the only acceptable form of payment.

Clause 5: Delivery and shipping costs

A) Delivery

Products will be delivered exclusively by courier, shipped directly to the customer at the delivery address provided during the order process, within a maximum of ten working days after the order date. Nevertheless, this delivery time is given for information purposes only and no compensation will be offered if orders do not arrive within ten days. If a delay is encountered when shipping your order, you will receive an email informing you that the delivery date may be affected.

In accordance with French law, in the event of late delivery you have the right to cancel your order by contacting us by telephone on +33(0)389490863 or by email at ffreyburger@bestheim.com, in accordance with the conditions and procedures set out in Article L 138-2 of the French Consumer Code. If you receive the products in question in the meantime, we will reimburse the sale price and delivery costs subject to the conditions of Article L 138-3 of the Consumer Code.

For deliveries entrusted to courier firms, SCVB can under no circumstances be held responsible for late delivery as a result of customer unavailability, in cases where multiple delivery slots have been offered.

Once an order has been placed, requests to change the delivery address must be submitted directly to our team then confirmed in writing by the customer. Such changes will incur an additional invoice for the administration costs involved.

B) Shipping costs

Shipping costs, including all handling and delivery fees, are €19.90 (inc. tax) for all orders containing fewer than 24 bottles, or of less than €200 (inc. tax) in value. We offer free delivery for orders of over €200 (inc. tax) or more than 24 bottles.

Clause 6: Withdrawal

In accordance with Article L.121-21 of the Consumer Code, you are entitled to withdraw from this transaction within 14 days of receiving the products, with no need to justify this decision and with no financial penalty except the cost of returning the goods, which will be borne exclusively by the customer.

You may choose to return all or part of your order. Products must be returned in their original condition, with all components present (label, packaging, accessories, brochures etc.). You are responsible for the condition of returned goods. Products returned in damaged condition may invalidate your right to withdraw from the transaction. We therefore advise that you keep all original packaging until the return period has expired, and take care not to damage the packaging materials when opening your parcel.

Returned goods should be sent to the following address: BESTHEIM - 3 Rue du Général de Gaulle - 68630 BENNWIHR.

If you should choose to exercise this right, SCVB will reimburse the sums involved (including the cost of shipping and delivering the products to the customer) as soon as possible, and within no more than 14 days after the returned goods arrive at SCVB's premises, or the date on which the consumer provides SVCB with proof that the products in question have been shipped. This reimbursement will be made to the same payment source used to place the order.

EXCEPTIONS TO THIS RIGHT TO WITHDRAW

In accordance with the provisions of Article L.121-21-8 of the French Commercial Code, the right to withdraw does not apply to:

• The provision of services which are fully executed before the end of the stipulated withdrawal period, and whose execution was commenced with the explicit consent of the consumer and explicit agreement to waive the right to withdraw. • Goods liable to deteriorate or expire rapidly.

• Goods which have been unsealed by the consumer after delivery, and which cannot be returned for hygiene or health reasons.

• Alcoholic beverages whose delivery is delayed for more than thirty days and whose value at the end of the contract period depends on fluctuations in the market which are beyond the professional's control.

Download our model order retraction form here.

Clause 7: Personal data

SCVB reserves the right to gather personal data concerning you. This information is needed to process your orders, and also to improve the quality of the service and information we provide to you.

We may share this information with other companies who contribute to our interactions, for example sub-contractors responsible for managing, processing, delivering and collecting payment for goods and services ordered.

This data will also be stored for security purposes, in order to abide by our legal and regulatory obligations.

In accordance with the data protection act of 6th January 1978, you have the right to access, edit or contest any personal data held regarding you personally, directly via the website bestheim.com.

Clause 8: Guarantee

If the quality of the goods offered for sale is called into question, for any reason whatsoever, SVCB reserves the right to recall the merchandise in question. Furthermore, in order to ensure optimal conservation of these products, customers shall undertake to store purchased goods in adequate conditions (not exposed to frost, direct light, sunlight or heat sources).

Claims regarding the quality of products, excluding all disputes relating to transportation and delivery, must be submitted in writing no later than eight days after delivery. Goods should not be returned without our prior written consent.

In the interests of traceability and quality monitoring, all claims relating to the aromatic quality/flavour of a particular wine must specify the vintage and batch number in question (the batch number is engraved into each bottle). We cannot accept claims relating to wines purchased more than one year ago.

The provisions of this clause do not infringe upon your right to withdraw from transactions, as defined in Clause 6.

Clause 9: Transferral of ownership

Ownership of the wines is only transferred to the Client upon payment in full of the corresponding price.

Clause 10: Intellectual property

All contents of the website bestheim.com are and shall remain the exclusive intellectual property of SCVB. No other parties are authorised to reproduce, redistribute or use in any way, even partially, the content of this website, including all software, visuals and sound files. Text links and hyperlinks to our website are strictly forbidden without the prior written consent of SCVB.

Clause 11: Archiving

SCVB will keep an archive of order forms and invoices in a reliable, durable format, maintaining faithful copies of these documents in accordance with the provisions of Article 1348 of the French Civil Code.

The digital records kept by SCVB will be accepted by all interested parties as sufficient proof of communications, order, payments and transactions between the parties.

Clause 12: Force majeure

SCVB cannot be held responsible for late delivery or failure to fulfil one of the obligations described in these terms and conditions of sale in the event of an incident of force majeure. Force majeure is defined as any external, unpredictable and unavoidable event.

Clause 13: Legal jurisdiction

All disputes regarding the interpretation and execution of these terms and conditions of sale will be subject to French law.

If an amicable solution cannot be found, the Tribunal d'Instance de Colmar is the only court with jurisdiction over disputes relating to our contracts of sale, whatever the sale conditions and payment method used, even in cases involving third parties or multiple defendants.

Clause 14: Other business

In this online sales process, SCVB's obligations are limited to taking all reasonable measures. SCVB cannot be held responsible for any damages resulting from the use of internet services, such as data loss, intrusion, viruses or any other involuntary problems.