ARTICLE 1 – LEGAL NOTICE
Company name : Secret Distribution
Address : 6 rue Jeanson, 51160 Aÿ-Champagne FRANCE
Registered with the RCS of Reims under the Siret number : 521 642 645 00019
Intracommunity VAT number : FR 78 521 642 645
Website host : The site is hosted by Agora Calycé SAS, whose registered office is located at 5 rue Hannah Arendt – 67200 STRASBOURG, France.
Director of publication : Alexandre Mensuelle
The publisher undertakes to comply with all laws concerning the establishment and operation of an Internet site.
ARTICLE 2 – SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
2.1 These General Terms and Conditions of Sale (“GTCS”) are applicable to the sale of Champagne Secret products accessible on the Secret Distribution website at the following Internet address : https://secret-distribution.com , section Shop (hereinafter the “Site”), under the conditions set out below.
2.2 These General Terms and Conditions of Sale govern the entire relationship between Secret Distribution and the purchaser (hereinafter referred to as the “Purchaser”).
2.3 These GCS, which are made available to Purchasers on the Site, are regularly updated. The latest version of the GCS applicable to the order is communicated in PDF format when the order is taken into account by Secret Distribution by sending a confirmation email to the Buyer.
ARTICLE 3 – ORDER
3.1 The products are available on the Site in the “Shop” area.
3.2 Each product or category of products offered has a visual, a description and a price displayed.
3.3 The Purchaser must select the vintages/boxes offered and “add them to their basket”.
3.4 After completing the form in which the Purchaser must enter his/her surname, first name, email address, address and telephone number, the Purchaser will validate his/her basket, which corresponds to his/her order.
ARTICLE 4 – ORDER PROCESSING
4.1 Once a Buyer’s order has been validated on the Site, the order will be processed by Secret Distribution.
4.2 An email confirming that the order has been taken into account will be sent to the Purchaser together with the GTCS in PDF format. It will be possible for the Purchaser to print the GTC in order to keep them on a durable medium. This email will inform the Purchaser of all applicable charges, including delivery charges.
4.3 The invoice and general terms and conditions of sale will be sent by e-mail as soon as the order has been processed and dispatched.
4.4 The period during which Secret Distribution undertakes to deliver the product will be indicated in the email confirming that the order has been taken into account.
ARTICLE 5 – TERMS OF PAYMENT
5.1 Payment may only be made by bank card
5.2 Secret Distribution has put in place, via Stripe, the necessary means to ensure the confidentiality and security of the Purchaser’s bank details and to ensure the security of payments.
5.6 To this end, the Purchaser guarantees that he/she is the sole holder of the bank card used to make the payment in the event of payment by phone.
5.7 The order will be sent to the Buyer under the conditions defined in Article 7 once the payment has been received by Secret Distribution’s bank account.
ARTICLE 6 – PRICE FIXING
6.1 The sale prices mentioned on the Site are expressed in euros and include Value Added Tax (VAT). Delivery costs are indicated on the Site when the order is placed.
6.2 Secret Distribution may adjust the prices indicated on the Site at any time without prior notification. The prices indicated when the order is placed will be the prices applicable to the order.
6.3 The Buyer shall immediately notify Secret Distribution of any error in the payment details provided to Secret Distribution during the ordering process.
ARTICLE 7 – TERMS OF DELIVERY – TRANSPORT
7.1 Products can only be delivered in Metropolitan France.
7.2 Products will be delivered to the address indicated by the Buyer to Secret Distribution on the site and as indicated in the order confirmation email. This address may be a home address.
7.3 In the event of an error in the address provided by the Buyer, the latter may not, under any circumstances, hold Secret Distribution liable.
7.4 Secret Distribution will not be held responsible either if the non-receipt of the products is due to a third party or in the event of theft, in this precise case, the Buyer will have to seek the responsibility of the carrier.
7.5 If the order is returned due to the Buyer’s absence or if it is impossible to arrange a new delivery date with the delivery person, Secret Distribution’s Customer Service will contact the Buyer to arrange a second delivery at Secret Distribution’s expense; if it is again impossible to deliver to the Buyer, the cost of returning the products or of a new shipment will be borne by the Buyer.
7.6 If the order is returned due to a wrong or incomplete address, Secret Distribution’s Customer Service will also contact the Buyer for a second delivery at Secret Distribution’s expense; in the event that it is once again impossible to deliver to the Buyer, the cost of returning the products or sending a new shipment will be borne by the Buyer.
7.7 The Buyer may track the delivery of his/her order by contacting Customer Service, whose email address is given in these GTC.
ARTICLE 8 – RESERVATION OF OWNERSHIP
The transfer of ownership of the products only takes place when Secret Distribution has received full payment of all sums due in respect of the Order.
ARTICLE 9 – UNAVAILABILITY OF PRODUCTS
9.1 Products are offered for sale within the limits of available stocks, particularly in the context of promotional operations organised on the Site.
9.2 In the event of unavailability of one or more products appearing in the validated order, Secret Distribution undertakes, at the Buyer’s choice, either (i) to cancel the order and reimburse the Buyer, or (ii) to offer equivalent products at an equivalent price, within the limit of available stocks.
ARTICLE 10 – RECEIPT OF ORDER
10.1 The Purchaser benefits from the provisions of the legal guarantee of conformity and hidden defects provided for by law, and in particular articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code (guarantee of conformity) and articles 1641 and 1648 (guarantee of hidden defects), first paragraph, of the Civil Code.
Article L. 211-4 of the Consumer Code : “The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility under the contract or was carried out under his responsibility.”
Article L. 211-5 of the French Consumer Code: “To conform to the contract, the goods must :
1º Be fit for the use ordinarily expected of similar goods and, where applicable :
• correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model ;
• have the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.. ”
Article L. 211-12 of the Consumer Code : “Any action arising from a lack of conformity must be brought within two years of delivery of the goods..”
Article 1641 of the French Civil Code : “The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he or she been aware of them.”
Article 1648 of the Civil Code, first paragraph : “Actions arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.”
10.2 If a Buyer considers that he/she has received a product that he/she considers to be defective or non-compliant, he/she must contact Secret Distribution, within a period of fourteen days from receipt of the order, at the following e-mail address: contact@secret-distribution.com or by registered post with acknowledgement of receipt to the following address: 21 Avenue de Champagne 51200 Epernay, specifying the defect or non-compliance in question.
10.3 It will be the Buyer’s responsibility to provide any justification regarding the designation of apparent defects and/or anomalies observed. The Buyer shall allow Secret Distribution every facility to proceed with the observation of these defects or non-conformities and to remedy them if necessary. It shall refrain from intervening itself or having a third party intervene for this purpose.
10.4 If the defects and/or anomalies are confirmed by Secret Distribution, Secret Distribution will then send its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed to the replacement of the product of which Secret Distribution would have been brought to note the defect of conformity, or the defectiveness.
10.5 In the event that it is impossible to exchange the product, Secret Distribution will be obliged to reimburse the Buyer within fourteen days following receipt of the product. Reimbursement will be made at Secret Distribution’s discretion by crediting the Buyer’s bank account or by cheque sent in the name of the Buyer who placed the order and to the invoicing address. The Buyer may opt for another method of reimbursement than the one proposed.
ARTICLE 11 – RIGHT TO CANCEL
11.1 In accordance with the provisions of Articles L. 121-21 et seq. of the French Consumer Code, the unsatisfied Purchaser has the right to return the product(s) delivered without having to justify his/her decision. The Buyer must notify Secret Distribution within fourteen days of receipt of the last product ordered using the standard retraction form available on request.
11.2 Return costs are at the Buyer’s expense. The product must be returned to Secret Distribution no later than fourteen days after notification.
11.3 In accordance with the provisions of the Consumer Code and case law, products must be returned in their original packaging insofar as they are fragile products.
11.4 In this respect, it is expressly specified that the amount of the reimbursement thus made will be that of the totality of the sums paid, including delivery costs, without any unjustified delay and at the latest within fourteen days from the date on which Secret Distribution was informed of the Purchaser’s decision to exercise his right of withdrawal.
ARTICLE 12 – RESPONSIBILITIES
12.1 The Purchaser is solely responsible for his or her Internet connection and before using the Website, the Purchaser must ensure that he or she has the technical and IT resources to enable him or her to order products and that his or her browser allows secure access to the Website. The Purchaser must also ensure that the computer configuration of the hardware/equipment used to place the order is in good working order and does not contain any viruses.
12.2 Subject to the applicable provisions of the law, Secret Distribution shall not be liable for any indirect or consequential damages that the Buyer may suffer in connection with the performance of these GTC.
12.3 Secret Distribution shall also not be held liable for the non-performance of the GTC in the event of force majeure as defined by the jurisprudence of the French courts, and in the event of non-performance or poor performance of the GTC attributable to the Buyer or the unforeseeable and insurmountable act of a third party.
ARTICLE 13 – TERMINATION OF CONTRACT
13.1 In the event of total or partial non-payment of the order by the Buyer, the sale will be automatically cancelled.
13.2 If the order is sent to the Buyer, Secret Distribution shall be entitled to ask the Buyer to return the products in the original packaging or equivalent.
13.3 If the Buyer fails to return the products, Secret Distribution may demand payment of the order as well as the payment of late payment interest corresponding to three (3) times the legal interest rate. These late payment penalties are payable automatically and without the need for a reminder.
13.4 The Buyer will also be liable to pay a minimum fixed recovery indemnity of sixty (60) euros of the sums due to Secret Distribution.
13.5 In addition, in the event of late payment, Secret Distribution reserves the right to suspend or postpone the execution of any other order from the Buyer, if applicable.
ARTICLE 14 – PROTECTION OF MINORS
14.1 Secret Distribution complies with the provisions applicable to the prohibition of the sale of alcohol to minors, and in particular Articles L. 3342-1 and L. 3342-3 of the French Public Health Code.
14.2 Consequently, in order to place an order on the Site, the Purchaser declares that he/she is over 18 years of age.
ARTICLE 15 – MAJOR FORCE
15.1 The Parties agree to recognise as a case of force majeure any event meeting the criteria defined by the case law of the Cour de Cassation in application of Article 1148 of the French Civil Code, insofar as these events would prevent the performance of the GCS by the party invoking it.
15.2 It is understood that force majeure cannot be invoked for late payment or non-payment by the Purchaser.
ARTICLE 16 – INTELLECTUAL PROPERTY
16.1 All product names, trademarks, logos, models and designs (the “Intellectual Property Rights”) indicated on the products or indirectly linked to the products, are the exclusive property of Secret Distribution.
16.2 The Buyer acknowledges Secret Distribution’s ownership rights in the Intellectual Property Rights and shall refrain from any use, representation, reproduction, modification or adaptation of such Intellectual Property Rights, as well as from any conduct that may infringe such rights.
ARTICLE 17 – PROTECTION OF PERSONAL DATA
17.1 In accordance with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978, as amended, Secret Distribution is the data controller. In order to process orders, Secret Distribution will collect and process the Purchasers’ personal data. Secret Distribution may also send newsletters to the Purchasers as well as information on commercial promotions/offers.
17.2 The Purchasers are also informed that Secret Distribution may also communicate their information to third parties in charge of delivering their orders.
17.3 The Buyer has the right to access, rectify, delete and object on legitimate grounds to the processing of its personal data. The Buyer may exercise these rights by contacting Secret Distribution at the address given in article 1.
ARTICLE 18 – STATISTICAL TOOLS
Within the framework of the use of the Site by the Purchasers and of ordering products Secret Distribution will not use cookies. However, Secret Distribution may process Purchasers’ personal data for statistical purposes using statistical tools. As part of this processing, Purchaser data will be anonymous.
ARTICLE 19 – REFUSAL
Secret Distribution reserves the right not to accept the Buyer’s order when Secret Distribution has already encountered payment problems (non-payment or late payment) with the Buyer for one (or more) previous order(s).
ARTICLE 20 – APPLICABLE LAW
These GTC are governed by French law.
In the event of any dispute arising from the interpretation and/or performance of these GTS or in connection with this Site and/or any purchase and/or attempted purchase through this Site, the User agrees to submit to a conventional mediation procedure or any other alternative dispute resolution method. Failing amicable agreement, the Parties expressly agree to submit to the exclusive jurisdiction of the French courts.
ARTICLE 21 – LANGUAGE
These GTC are written in English. A French translation is also available. In the event of any contradiction, the French version shall prevail between the parties.
ARTICLE 22 – CONTACT
If you have any questions about your order, you can contact Secret Distribution Customer Service by email at the following address : contact@secret-distribution.com
