Terms and conditions of sale

Seller: Les Box de Bacchus, a limited liability company (SARL) with a share capital of €15,000, 185 rue du Néolithique, 62250 Marquise, France. RCS Boulogne-sur-Mer 952 150 944 – EU VAT number FR45952150944. Managing director: Irma Belkessa. Phone: +33 9 79 07 87 25 – Email: contact@lesboxdebacchus.com.

Article 1 – Purpose and scope

These Terms and Conditions of Sale ("T&C") govern all sales concluded on the lesboxdebacchus.com website ("the Site") between Les Box de Bacchus ("the Seller") and any buyer acting as a consumer ("the Customer").

They apply to the wines, champagnes, spirits, gift sets and accessories offered on the Site. Placing an order implies unreserved acceptance of the T&C in force on the day of the order. They prevail over any other document.

Sales to professionals are subject to specific conditions, available on request at contact@lesboxdebacchus.com.

Article 2 – Products

Products are described as accurately as possible (appellation, producer, vintage, volume, alcohol content). Photographs are not contractual: the packaging, colour or label of a bottle may differ slightly from the image shown.

Some products are offered in limited quantities, as a single vintage or as rarities. Offers are valid as long as they are visible on the Site and within the limits of available stock.

If a product becomes unavailable after the order is placed, the Customer is informed by email as soon as possible. The Customer may then choose a replacement product of equivalent value or obtain a refund of the ordered product, within 14 days at the latest. No substitute product is sent without the Customer's agreement.

Article 3 – Ordering

Creating a customer account is required to place an order. The Customer undertakes to provide accurate and up-to-date information.

The ordering process includes the following steps:

1. selecting products and adding them to the basket;
2. checking the basket, with the option to correct quantities or remove an item;
3. entering the delivery address and choosing the delivery method;
4. full order summary (products, prices, delivery charges, total incl. VAT), with the option to correct any error;
5. acceptance of the T&C and confirmation of legal age;
6. secure payment.

The order is final only after payment validation. A confirmation email setting out the order details is then sent to the Customer. Orders over €120 are archived by the Seller for 10 years; the Customer may request access to them at contact@lesboxdebacchus.com.

The Seller reserves the right to refuse or cancel an order in the event of a previous dispute, suspected fraud, an obvious pricing error or an abnormal quantity for a private individual.

Article 4 – Prices

Prices are shown in euros, including all French taxes (VAT and excise duties). Delivery charges are shown before the order is validated; they depend on weight and destination.

For delivery outside mainland France, customs duties, excise duties and taxes of the destination country are payable by the Customer upon receipt of the parcel, unless otherwise stated on the Site.

The Seller may change its prices at any time. The applicable price is the one displayed when the order is validated. In the event of an obvious pricing error (a derisory price), the Seller may cancel the order and refund the Customer.

Article 5 – Payment

Payment is made online by bank card (CB, Visa, Mastercard) via the secure Up2Pay solution from Crédit Agricole, with strong authentication (3D Secure). Bank details never pass through the Site and are not kept by the Seller.

The Customer's account is debited when the order is validated. If payment is declined by the bank, the order is automatically cancelled.

Products remain the property of the Seller until the price has been collected in full.

Article 6 – Subscriptions (recurring boxes)

Some boxes are offered by subscription, at the frequency shown on the offer page (monthly, every two months or quarterly). The price of each instalment, the frequency and the date of the next debit are displayed before subscribing and repeated in the customer account. Each instalment is debited from the card registered with Up2Pay.

The subscription has no minimum term and renews automatically at each period. The Customer may cancel it at any time, free of charge and without giving a reason, from their customer account via the "Cancel my subscription" feature (article L.215-1-1 of the French Consumer Code, Code de la consommation) or by email at contact@lesboxdebacchus.com. Cancellation takes effect at the end of the current period; a box already shipped remains due. The Customer may also skip one or more instalments from their customer account before the debit date.

The 14-day right of withdrawal (article 8) applies to the subscription, starting from receipt of the first box.

Any change to the price or content of the subscription is notified to the Customer by email at least 30 days before the relevant instalment; the Customer may then cancel free of charge before that instalment.

If a debit fails, the Customer is informed by email and has 7 days to update their payment method; failing that, the instalment is cancelled and the subscription suspended.

Article 7 – Delivery

Delivery methods. Delivery to a pickup point or to your home by Boxtal's partner carriers. The method and cost are chosen by the Customer before validation.

Areas served. Mainland France, Corsica, the European Union, Switzerland and the United Kingdom. The Seller reserves the right to refuse an order to a country whose regulations prohibit or restrict the import of alcohol by parcel.

Timeframe. Orders are shipped within 2 working days of payment validation. Delivery takes place no later than 10 working days after the order in mainland France and 20 working days internationally, unless a different timeframe is stated when ordering. If this timeframe is exceeded, the Customer may, after formally requiring the Seller by email or registered letter to deliver within a reasonable additional period, cancel the order if delivery has not taken place within that new period. The Customer is then refunded all sums paid within 14 days.

Receiving the parcel. The Customer must check the condition of the parcel on delivery. If the parcel is damaged or opened, or a bottle is broken, it is recommended to make precise reservations on the delivery note, to refuse the parcel if the damage is obvious, and to notify the Seller within 3 working days at contact@lesboxdebacchus.com with photos. These steps make it easier to claim against the carrier but do not affect the Customer's rights.

Liability. The Seller is responsible for proper performance of the delivery until the parcel is handed to the Customer or to the third party designated by the Customer. The risk of loss or damage passes to the Customer at that point. Any broken bottle or lost parcel is replaced or refunded by the Seller. Where the Customer chooses a carrier other than those offered by the Seller, the risk passes upon handover to that carrier.

Unclaimed parcel or incorrect address. Where a parcel is returned to the Seller because it was not collected within the pickup point's deadline, or because of an incomplete or incorrect address provided by the Customer, the Seller informs the Customer by email. The Customer has 14 days to choose between reshipment of the order, after paying new delivery charges, and cancellation. In the event of cancellation, or if there is no reply within that period, the Customer is refunded the price of the products, less the initial delivery charges and the return fees charged by the carrier, which result from the Customer's failure to take delivery. If the Customer expressly exercises their right of withdrawal, article 8 applies.

Shipping abroad. It is the Customer's responsibility to check that importing alcohol is permitted in their country of residence and to pay any local duties and taxes. The Seller cannot be held liable for confiscation or refusal of import by the authorities of the destination country.

Article 8 – Right of withdrawal

In accordance with article L.221-18 of the French Consumer Code (Code de la consommation), the Customer has 14 days from receipt of the products to exercise their right of withdrawal, without having to give a reason. Where delivery is made in several parcels, the period runs from receipt of the last parcel.

The Customer notifies their decision by email to contact@lesboxdebacchus.com or by post to the Seller's address, using the form in the appendix or any unambiguous statement. The Seller acknowledges receipt by email.

The Customer returns the products without undue delay and at the latest within 14 days of their notification, in their original packaging, properly protected. Return costs are payable by the Customer; the Seller may offer a return label whose cost is shown to the Customer. The Customer is liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature and characteristics (damaged label, capsule or gift box); a corresponding deduction may be applied to the refund.

The Seller refunds all sums paid, including the initial delivery charges (on the basis of the cheapest standard delivery method), within 14 days of receipt of the returned products or of proof of their dispatch, using the same means of payment as the one used.

In accordance with article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to:

• bottles that have been opened, unsealed or whose capsule has been removed;
• personalised products (engraving, personalised label or gift box);
• wines and spirits whose price depends on market fluctuations beyond the Seller's control;
• products liable to deteriorate rapidly.

Returns outside the withdrawal period (goodwill gesture). Beyond the statutory 14-day period, or for products excluded from the right of withdrawal, the Seller may agree, as a goodwill gesture and with prior written agreement, to take back unopened and intact products. Such a return gives rise to a credit note or an exchange, not a refund. Return costs remain payable by the Customer and a flat contribution of €10 incl. VAT towards processing costs is deducted from the credit note. This option does not apply to non-conforming or damaged products, whose return and replacement are fully covered by the Seller (article 9).

Article 9 – Legal guarantees

All products benefit from the legal guarantee of conformity (articles L.217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code, Code civil), independently of any goodwill gesture.

A wine with a proven defect (cork taint, premature oxidation, leaking bottle) may be reported to the Seller at contact@lesboxdebacchus.com as soon as possible. The Customer keeps the bottle and its cork so they can be checked. After verification, the Seller proceeds with a replacement or a refund. The normal evolution of a wine due to its age, and any deterioration resulting from inappropriate storage conditions after delivery (heat, light, storage position), do not constitute a lack of conformity.

The consumer has two years from delivery of the goods to obtain implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date on which it appeared.

Where the contract of sale provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or service throughout the planned supply period. During that period, the consumer is only required to establish the existence of the lack of conformity of the digital content or service, not the date on which it appeared.

The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to keep the goods in conformity.

The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.

The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund against return of the goods, if: 1° the professional refuses to repair or replace the goods; 2° the repair or replacement takes place after a period of thirty days; 3° the repair or replacement causes major inconvenience to the consumer, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the installation of the repaired or replacement goods; 4° the non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a price reduction or to termination of the contract where the lack of conformity is so serious that it justifies immediate price reduction or termination. The consumer is then not required to request repair or replacement of the goods first.

The consumer is not entitled to have the sale rescinded if the lack of conformity is minor.

Any period during which the goods are out of service for repair or replacement suspends the guarantee that remained to run until the restored goods are delivered.

The rights mentioned above result from the application of articles L.217-1 to L.217-32 of the French Consumer Code.

A seller who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L.241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund against return of the goods.

Article 10 – Sale of alcohol

The sale of alcohol to minors is prohibited (article L.3342-1 of the French Public Health Code, Code de la santé publique). By validating their order, the Customer certifies that they are of the legal age required in their country of residence: 18 years of age in France, 21 in some countries.

The Seller may at any time request proof of identity showing the Customer's age, before dispatch as well as on delivery. The carrier is authorised to refuse to hand the parcel to a person who is obviously a minor or intoxicated; the order is then cancelled and refunded, less the delivery charges.

"Alcohol abuse is dangerous for your health. Please drink responsibly."

Article 11 – Personal data and cookies

Data collected when creating the account, placing an order and subscribing to the newsletter is processed by Les Box de Bacchus, as data controller, for the management of orders, delivery, invoicing, customer service and, with the Customer's consent, for sending commercial offers.

Order data is kept for 3 years after the last order, invoicing data for 10 years (accounting obligation). It is passed on only to the service providers needed to perform the order: Up2Pay (payment), Boxtal and its carriers (delivery), Brevo (emailing), Numericu SAS (hosting).

In accordance with the GDPR and the French Data Protection Act (loi Informatique et Libertés), the Customer has a right of access, rectification, erasure, restriction, portability and objection, as well as the right to define directives regarding the fate of their data after their death. These rights may be exercised at contact@lesboxdebacchus.com or by post to the Seller's address. The Customer may lodge a complaint with the CNIL (www.cnil.fr).

The Site uses functional cookies and, subject to the user's consent, audience measurement and advertising cookies (Google Analytics, Google Ads). Consent is collected via a banner on the first visit and can be changed at any time via the "Manage cookies" link in the footer.

Details of the processing are set out in the Privacy Policy.

Article 12 – Intellectual property

All elements of the Site (texts, product sheets, photographs, logos, graphic charter, structure) are the exclusive property of the Seller or its partners and are protected by the French Intellectual Property Code (Code de la propriété intellectuelle). Any reproduction or use, even partial, without prior written authorisation is prohibited. Producers' trademarks and labels remain the property of their respective owners.

Article 13 – Complaints, mediation and disputes

Any complaint should be addressed first to customer service: contact@lesboxdebacchus.com or +33 9 79 07 87 25 (Monday to Saturday, 9am–12pm and 2pm–6pm). The Seller undertakes to reply within 5 working days.

If there is no reply or no satisfactory solution within two months of the written complaint, the Customer may refer the matter free of charge to the consumer mediator to which the Seller belongs:

Centre de Médiation de la Consommation d'Opale (CMCO) – 1 rue de Course, Hameau le Bois Julien, 62240 Courset, France – cmco-mediation@outlook.com – https://www.cmco-mediation.fr

These T&C are governed by French law. In the event of a dispute, the Customer may bring the matter, in addition to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, before the court of the place where they lived at the time the contract was concluded or the harmful event occurred.

Article 14 – Force majeure, amendment of the T&C, severability

Force majeure. The Seller cannot be held liable for a delay or failure to perform resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code (carriers' strike, natural disaster, road or border closure, pandemic). The Customer is informed and may cancel their order if the impediment lasts more than 30 days.

Amendment. The Seller may amend the T&C at any time. The T&C applicable to an order are those in force and accepted on the day of that order. A copy is attached to the confirmation email.

Severability. If any clause of these T&C were declared null or unenforceable, the other provisions would retain their full effect.

Language and evidence. The T&C are written in French. The Seller's computerised records are proof of the communications, orders and payments made between the parties.

Appendix – Withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

To Les Box de Bacchus – 185 rue du Néolithique – 62250 Marquise, France – contact@lesboxdebacchus.com

I hereby notify you of my withdrawal from the contract for the sale of the goods below:

Order no.: ______________ Ordered on: ___/___/______ Received on: ___/___/______
Products concerned: ____________________________________________
Consumer's name: ____________________________________________
Consumer's address: ____________________________________________
Signature (only if notified on paper): ______________
Date: ___/___/______