Terms of sale
These general terms and conditions of sale (hereinafter the “GTCs”) set out the terms and conditions under which French Bloom, a French société par actions simplifiée having its registered office at 32 rue Washington, 75008 Paris, registered within the Paris Commerce and Companies Registry under the number 884 108 119 (the “Seller”), supplies consumers (the “Customers”) with upscale effervescent non-alcoholic wine manufactured by the Seller and offered for sale by the Seller under the “French Bloom” trademark, as well as with other upscale non-alcoholic beverages that are not necessarily produced by the Seller (the “Products”) on the Seller’s website accessible at the following link: https://www.frenchbloom.com (the “Site”).
Contractual relationships between the Seller and the Customers shall be exclusively governed by these GTCs, which shall be applicable as a matter of law, without any restriction or reservation to all sales made by the Seller to the Customers.
Any order of Products shall entail the Customer’s acceptance of these GTCs, without any reservation, and these GTCs shall prevail over any other terms.
These GTCs are accessible at any time on the Site and shall, where applicable, prevail over any other conflicting document. These GTCs may subsequently be amended at any time, subject to reasonable prior notice. The version applicable to the order placed by a Customer shall be the applicable version accessible on the Site upon placement of the order.
1. Customer information
The Customer acknowledges having been able to peruse, in a legible and understandable manner, these GTCs and the information listed in Articles L.111-1, L.111-2 and L.221-5 of the French Consumer Code.
In particular, the Customer acknowledges having reviewed the main characteristics of the Products prior to purchasing the Products.
2. Products
The Products and their main characteristics, and in particular their composition, the related nutritional information and place of manufacture are described on the Site. The Customer must review such information prior to placing any order.
The photographs and graphic components presented on the Site are not binding, and the Seller shall not be held liable for them.
3. Orders
3.1. Placement of orders
Only persons having legal capacity who are over 18 years of age upon placement of the order may place any order on the Site. Each Customer acknowledges that he or she satisfies these conditions and agrees to hold the Seller free and harmless against any claim in this respect.
The Customer is responsible for ordering as follows the Products that he or she intends to purchase on the Site:
Ø Selection by the Customer of those Products that the Customer intends to order by clicking on “Add to the basket”;
Ø Viewing of the basket by the Customer by clicking on “Open the basket” with the possibility of adding or removing Products to or from the basket;
Ø Validation of the basket by clicking on “Pay”;
Ø Identification of the Customer if the Customer is not already identified upon placement of the order or, in default, indication of the Customer’s particulars (email address, shipping address and telephone number). On this page, the Customer can (i) fill in any promotional code; and (ii) peruse the recapitulative list of Products contained in his or her basket, including any applied promotions;
Ø When clicking on “Proceed to shipping”, the Customer is asked to select the delivery mode of the Products that he or she intends to order. On this page, the Customer can again (i) fill in any promotional code; and (ii) peruse the recapitulation of his or her basket, including any applied promotions;
Ø To move on to the next stage, the Customer must click on “Proceed to payment”, with the Customer being referred to the “Payment” page, on which the Customer shall select the relevant payment mode. The Customer can then check the details of the order and the total price and correct any errors prior to confirming the Customer’s acceptance. The Customer is responsible for checking the accuracy of the order and for immediately reporting or correcting any error.
Ø In order to definitively confirm the order and pay, the Customer must (i) review and accept these GTCs by checking the box provided to that end, and (ii) click on “Confirm my order and pay”. Orders are recorded on the Site when the Customer has read and accepted these GTCs by checking the box provided to that end and has validated the order. Such validation entails acceptance of the whole of these GTCs;
Ø After the Customer has accepted the GTCs, and has validated the order and paid for it, the Customer is automatically redirected to a page of the Site on which the Seller confirms the placement of the Customer’s order. At the same time, and without undue delay after collection of the full price by the Seller, the Customer shall receive an email from the Seller acknowledging receipt of the Customer’s order and communicating to the Customer an order number and a recapitulation of the order.
Any order placed and validated by the Customer and confirmed by the Seller, in accordance with the above terms and conditions, shall constitute a contract concluded at a distance between the Customer and the Seller.
The Customer can monitor the progress of the order on the Site.
3.2. Modification and cancellation of orders
After being confirmed and accepted by the Seller in accordance with the above terms and conditions, the order may not be modified or cancelled, save in case of exercise of the right of withdrawal in accordance with Article 7.
3.3. Products availability
The Seller agrees to make its best efforts to satisfy the Customer’s requirements, as specified in the Customer’s order. Notwithstanding the foregoing, errors or modifications may exceptionally arise,
in particular in the case of simultaneous orders placed for one same Product by several Customers. As a consequence, in case of unavailability of the Products after confirmation of the order, the Customer shall be informed without undue delay by email or by telephone and shall receive a reimbursement corresponding to the price of the Products within fourteen (14) calendar days from the date of payment of the relevant amounts.
The Seller shall not be held liable in case of stock shortage or unavailability of the Products in relation to orders not yet accepted by the Seller.
4. Price and payment terms
4.1. The Products are sold against the applicable prices stated on the Site upon placement of the order by the Customer. The displayed prices are denominated in euros, inclusive of VAT (on the basis of the VAT rate applicable in France upon validation of the order by the Seller) and do not include any delivery costs. Delivery costs are charged in addition, in accordance with the terms specified on the Site as communicated and calculated prior to placement of the order.
4.2. The Seller agrees to prepare an invoice and to deliver the invoice to the Customer upon delivery of the ordered Products.
4.3. The price shall be payable cash and in full upon placement of the order by the Customer, by using any of the following secure payment modes:
- by bank card: Visa, Mastercard, American Express; and
- by PayPal or by Shop Pay.
The Seller shall not be obligated to deliver the Products ordered by the Customer if the Customer fails to pay the full price as specified above. Payments made by the Customer shall not be deemed final until actual collection of the amounts due by the Seller. If the price is not collected upon placement of the order, then the sale shall be rescinded as a matter of law and without formality, and no Product shall be delivered.
In addition, and regardless of the selected payment mode, the Seller reserves the right to refuse any order or delivery (i) if the payment is not authorised by the relevant banking institution; or (ii) in case of total or partial non-payment of any prior order by the Customer.
5. Delivery and receipt of the Products
5.1. The Products ordered by the Customer shall be delivered by an independent carrier within the above lead times from acceptance of the order, at the address specified by the Customer upon placement of the order on the Site:
· Mainland France: 3 days;
· Corsica: 4 days;
· Monaco: 4 days.
Deliveries shall be made in the following countries, excluding any other territory:
|
Mainland France, Corsica and Monaco
|
Belgium |
Germany |
|
Greece |
Luxembourg |
Netherlands |
|
Austria |
Italy |
Portugal |
|
Spain |
Ireland |
Sweden |
|
Denmark |
Andorra |
Croatia |
|
Hungary |
Poland |
Cyprus |
|
Malta |
Romania |
|
The Seller agrees to make its best efforts to deliver the Products ordered by the Customer within the above lead times. However, such lead times are communicated as items of information only. If the ordered Products have not been delivered within seven (7) days from the indicative delivery date, for any reason other than a case of force majeure or any cause attributable to the Customer, then the sale may be rescinded upon written request sent by the Customer by registered letter with acknowledgement of receipt to the following address: French Bloom SAS, 32 rue Washington, 75008 Paris. Any amounts paid by the Customer shall be returned to the Customer no later than fourteen (14) days from termination of the contract, excluding any indemnification.
5.2. The Seller is authorised to make partial deliveries on different dates.
5.3. Delivery costs vary depending on the delivery mode selected by the Customer:
|
Delivery mode |
Price |
|
UPS Standard |
France UPS Standard - 3 to 5 business days 0kg–3.99kg EUR 6.00 UPS Standard - 3 to 5 business days 4kg and up Free
|
|
UPS Express |
France UPS Express - 2 to 3 business days 0kg–4kg EUR 8.00
UPS Express - 2 to 3 business days 4.1kg–12kg EUR 10.00 UPS Express - 2 to 3 business days 12.01kg and up EUR 50.00
Belgium, Germany, Greece, Luxembourg, Netherlands
UPS Express - 3 to 5 business days 0kg–3.99kg EUR 12.00 UPS Express - 3 to 5 business days 4kg–11.99kg EUR 20.00
UPS Express - 3 to 5 business days 12kg–65.99kg EUR 30.00
UPS Express - 3 to 5 business days 66kg and up Free
Austria, Italy, Portugal, Spain, Monaco, Ireland
UPS Express - 3 to 5 business days 0kg–3.99kg EUR 19.00
UPS Express - 3 to 5 business days 4kg–11.99kg EUR 23.00
UPS Express - 3 to 5 business days 12kg–65.99kg EUR 35.00 UPS Express - 3 to 5 business days 66kg and up Free Sweden, Denmark, Andorra
UPS Express - 3 to 5 business days 0kg–3.99kg EUR 19.00 UPS Express - 3 to 5 business days 4kg–11.99kg EUR 23.00
UPS Express - 3 to 5 business days 12kg–65.99kg EUR 35.00
UPS Express - 3 to 5 business days 66kg and up Free Croatia, Hungary, Poland
UPS Express - 3 to 5 business days 0kg–3.99kg EUR 28.00
UPS Express - 3 to 5 business days 4kg–11.99kg EUR 40.00 UPS Express - 3 to 5 business days 12kg–65.99kg EUR 85.00
UPS Express - 3 to 5 business days 66kg and up EUR 390.00
Cyprus, Malta, Romania UPS Express - 3 to 5 business days 0kg–3.99kg EUR 28.00
UPS Express - 3 to 5 business days 4kg–11.99kg EUR 40.00
UPS Express - 3 to 5 business days12kg–65.99kg EUR 90.00
UPS Express - 3 to 5 business days 66kg and up EUR 390.00
Norway
UPS Express - 3 to 5 business days 0kg–3.99kg EUR 30.00 UPS Express - 3 to 5 business days 4kg–11.99kg EUR 35.00
UPS Express - 3 to 5 business days 12kg–65.99kg EUR 55.00 UPS Express - 3 to 5 business days 66kg and up EUR 185.00
|
5.4. The Customer shall check the condition of the Products’ packaging upon delivery. The Customer shall issue any reservations and claims deemed necessary and shall even refuse the parcel, in particular if it appears, prior to opening, that the parcel is manifestly damaged upon delivery. Such detailed reservations and claims shall also be communicated to the person in charge of the delivery and shall at the same time be communicated to the carrier by registered letter with acknowledgement of receipt within three (3) business days from delivery of the Products. Any failure to assert a claim within the above time limits shall extinguish any action against the carrier in accordance with applicable provisions of law.
5.5. Furthermore, in addition to the procedure provided for in Article 5.4 of these GTCs, the Customer shall also check the condition of the ordered and delivered Products once the Products have been opened. The Customer is granted a period of seventy-two (72) hours from delivery to state and assert any reservations or claims based on any non-conformance or apparent defect of the delivered Products (damages, broken or missing items, etc.) along with any supporting evidence. Such claim is to be asserted by registered letter with acknowledgement of receipt (French Bloom SAS, 32 rue Washington, 75008 Paris). After such time limit or if the above formal procedure is not complied with, the Products shall be deemed to be conforming and free from any apparent defect, and no claim shall be validly accepted by the Seller.
The Seller shall reimburse without undue delay to the Customer the price of any delivered Products whose non-conformance has been duly proved by the Customer.
5.6. If the address is incomplete or inaccurate, if the parcel is refused by the intended recipient or if any missing information makes it impossible to deliver the Product, then the Seller shall not be held liable for the Product’s quality and/or for any delivery lead times. If the Seller is obliged to organise a second presentation of the Products to the intended recipient, then the Seller may charge to the Customer any costs corresponding to such second delivery.
6. Transfer of title and risks
6.1. Title to the Products shall be transferred to the Customer only after full payment of the price by the Customer, regardless of the Products’ delivery date.
6.2. All risks related to any damage that the Products might suffer or might occasion for any reason whatsoever, including any risk of loss, theft, destruction or deterioration, shall be borne by the Customer immediately upon delivery of the ordered Products.
7. Right of withdrawal
7.1. In accordance with the applicable legislation, the Customer may, within fourteen (14) days from receipt of the Products, exercise a right of withdrawal with the Seller, without having to give any reason or pay any penalty in order to seek the exchange or reimbursement of any Products, provided that the Products are returned in their initial packaging and in perfect condition within a reasonable time limit, no later than fourteen (14) days from communication of the Customer’s decision to exercise the withdrawal right. Under Article L.221-19 of the French Consumer Code, if such withdrawal period expires normally on a Saturday, Sunday, public holiday or non-worked day, then such period shall be extended until the first following business day.
7.2. Under Article L221-28 3° of the French Consumer Code, the Customer may not exercise the right of withdrawal in respect of any Product customised at the Customer’s request. No exchange or reimbursement may be claimed in respect of Products customised for any Customer.
7.3. Customers wishing to exercise their right of withdrawal must return the Products within the time limit specified in Article 7.1 above, with such Products being complete and in their initial packaging (with packaging, accessories, notice, etc.) and new, by means of the form accessible at the following address: [https://XXX].
7.4. Returned Products shall be sent to the address to be communicated by the Seller. The Customer agrees to retain evidence of the delivery of the parcel that is to be delivered to the Customer by the carrier. Any expenses associated with the return of the Products shall be borne by the Seller, and any risks associated with the return of the Products shall be exclusively borne by the Customer. The Seller shall not be held liable in case of loss, theft or deterioration of the parcel.
7.5. Subject to compliance with the above terms, the Seller shall reimburse to the Customer the amounts paid by the Customer in respect of the acquisition of the returned Product(s) and any delivery costs borne by the Customer, within no more than fourteen (14) days from receipt of the Product. The Seller shall complete such reimbursement by using the same mode of payment that was used by the Customer for the initial transaction, unless the Customer expressly agrees on a different payment mode.
In case of non-compliance with the terms of Articles 7.1 to 7.4 (e.g. if the returned Products have visibly been used or damaged by the Customer), the Products returned by the Customer shall be reshipped to the Customer at the Customer’s expense, and no reimbursement shall be made by the Seller.
8. Warranty
The Seller is subject to (i) the statutory conformance warranty as defined in Articles L.217-3 et seq. of the French Consumer Code; and (ii) the hidden defects warranty defined in Articles 1641 to 1649 of the French Civil Code.
The Seller warrants the conformance of the Products sold in accordance with the above two statutory warranties. In this respect, under the French Consumer Code, the Customer is informed of the following:
|
The consumer may, within two years from delivery of the product, ask for the implementation of the statutory conformance warranty in case of appearance of any non-conformance. During such period, the consumer is only required to prove the existence of the non-conformance and is not obliged to prove the date on which such non-conformance appeared. When the contract for the sale of products provides for the continuous supply of a digital content or digital service for a period in excess of two years, the statutory warranty applies to such digital content or digital service throughout the contemplated supply period. During such period, the consumer must only prove the existence of the non-conformance affecting the digital content or digital service and is not required to prove the date on which such non-conformance appeared. The statutory conformance warranty entails the obligation for the professional to supply, where applicable, all updates necessary in order to maintain the product’s conformance. Under the statutory conformance warranty, consumers are entitled to the repair or replacement of the product within a period of thirty days from the consumer’s request, at no cost and without any major inconvenience to the consumer. If the product is repaired under the statutory conformance warranty, then the consumer is granted a six-month extension of the initial warranty. If the consumer seeks the repair of the product, but if the seller imposes the replacement of the product, then the statutory conformance warranty shall be renewed for a period of two years from replacement of the product. The consumer may obtain a reduction of the purchase price and retain the product, or the consumer may terminate the contract by obtaining a full reimbursement against return of the product, if: 1° The professional refuses to repair or replace the product; 2° The product is replaced or repaired after more than thirty days; 3° The repair or replacement of the product occasions a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of collection of the non-conforming product, or if the consumer bears the installation expenses of the repaired or replaced product; 4° The product’s non-conformance persists despite unsuccessful efforts made by the seller to bring the product into conformance. The consumer is also entitled to a reduction of the price of the product or to the rescission of the contract when the relevant non-conformance is so serious that it warrants an immediate price reduction or contract rescission. In such cases, the consumer shall not be required to seek beforehand the product’s repair or replacement. The consumer may not seek the rescission of the contract if the non-conformance is minor. The above rights result from the application of Articles L. 217-1 to L. 217-32 of the French Consumers Code Any seller obstructing in bad faith the implementation of the statutory conformance warranty shall incur a civil fine in a maximum amount of EUR 300,000, possibly increased to 10% of the annual average turnover (Article L. 241-5 of the French Consumer Code). |
Any claim related to the Products under this Article 8 is to be asserted by email (ordersupport@french-bloom.com) or by telephone (01 84 74 56 36) followed by written confirmation sent by registered letter with acknowledgement of receipt to the following address: 32 rue Washington, 75008 Paris.
In case of non-conformance and/or hidden defects recognised by the Seller, if it is decided to return the Product, then the Customer shall ship the product to the following address: 32 rue Washington, 75008 Paris. The Customer shall have obtained beforehand a return number and any necessary clarifications concerning the shipment from the Customer department contacted by email (ordersupport@french-bloom.com) or by telephone (01 84 74 56 36). No parcel shall be accepted without a return number. The return number shall be legibly affixed to the parcel.
8. Liability
8.1 The Products are in conformance with regulations applicable in France.
8.2 The Seller may not be held liable for any claim resulting from:
- any non-conforming use of the Product;
- any use under conditions different from the conditions for which the Product was manufactured;
- any improper use;
- any transformation of the Product;
- any event of force majeure.
8.3 The Seller waives any liability predicated on the ordered Product’s inadequacy in relation to the use contemplated by the Customer, as the Customer alone is responsible for selecting the Product.
8.4 The Seller shall not be responsible for any failure of any servers or for any electric issues or other issues related to the Internet or in case of external hacking or computer viruses.
8.5 In any event, the Seller’s liability shall be exclusively limited to the indemnification of any bodily injury or direct damage whose existence and attributability to the Product are proved by the Customer.
9. Protection of personal data
Under French Act No. 78-17 of 6 January 1978, as amended by French Act No. 2018-493 of 20 June 2018 and under EU Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 (“the GDPR”), it is recalled that the nominative data requested from the Customer are necessary for the processing of the Customer’s order and for the preparation of the invoices.
Such data may, where applicable, be communicated to partners of the Seller responsible for the performance, processing, management and payment of the orders.
The processing of the information communicated through the Site meets the legal requirements related to the protection of personal data, as the utilised information system ensures optimal protection of the said data.
Under applicable domestic and EU rules, Customers have a right of permanent access, modification, rectification, opposition and portability and a right to restrict the processing, as regards any information concerning them. Such right may be exercised in accordance with the terms and conditions defined on the Site.
10. Intellectual property
All materials of the Site are and shall remain the Seller’s exclusive intellectual property.
It is expressly prohibited to reproduce, exploit, re-transmit or use any material of the Site for any reason whatsoever, even in part.
11. Force majeure
11.1 Neither party’s non-performance or late performance of any of its obligations hereunder (except for any payment obligations) because of any event of force majeure within the meaning of Article 1218 of the French Civil Code shall be deemed to constitute a breach of these GTCs.
11.2 The party prevented from performing its obligations because of the occurrence of an event of force majeure shall inform the other party in writing as soon as practicable and shall make its best efforts to mitigate any resulting damage. In such event, the performance of the disputed obligation shall be suspended for a period equal to the duration of the event of force majeure.
12. Miscellaneous
Should any of the clauses of these GTCs be found null and void because of any change in applicable legislation or regulations, or because of any court decision, this shall in no event affect the validity or enforceability of the other clauses of the GTCs. Neither party’s failure to exercise its rights hereunder shall be deemed a waiver of the said rights.
13. Amicable settlement of disputes
13.1 Under Articles L.111-1, L.612-1 and L.616-1 of the French Consumer Code, the Customer is informed that the Customer may rely free of charge, subject to the provisions of Article L.612-2 of the French Consumer Code, on a consumer mediator in order to resolve amicably any dispute with the Seller. To that end, the Seller guarantees to the Customer actual reliance on a consumer mediation procedure.
13.2 Consequently, in case the Customer and Seller fail to reach an amicable agreement, the Customer may submit the relevant matter free of charge to the consumer mediator to which the Seller is affiliated, i.e. Association des Médiateurs Européens (“AME CONSO”), within one year from the date of the written claim sent to the Seller. The referral to the mediator shall be made:
· Either by filling in the form provided to that end on the AME CONSO website: www.mediationconso-ame.com
· Or by letter sent to AME CONSO, 197 Boulevard Saint-Germain – 75007 PARIS
13.3 Also, under Article L.616-2 of the French Consumer Code, the Customer is informed of the existence of a European online dispute settlement platform at https://ec-europa.eu/consumers/odr and of the possibility of relying on such platform in order to settle disputes through an extrajudicial dispute settlement entity. The European Commission shall transfer the Customer’s claim to the relevant domestic mediators.
14. Governing law – Jurisdiction
14.1 Any dispute arising in connection with or resulting from the interpretation, performance or termination of these GTCs and/or any sale of Products shall be governed by French law. However, it is expressly recalled to Customers whose habitual residence is not located in France that the applicability of French law under this Article 15.1 may not result in depriving them from the protection afforded to them by any mandatory provisions of the country in which their habitual residence is located. In such a situation, the law of the country where the Customer habitually resides shall be applicable.
14.2 In case of any dispute arising in connection with or resulting from the interpretation, performance or termination of these GTCs and/or any related order or sale of Products, the competent jurisdiction shall be the court designated pursuant to the general rules of the applicable law, even where there are several defendants or in case of third-party claim.
If the Customer resides habitually in a Member State of the European Union, the court of competent jurisdiction shall be the court designated in accordance with the European Union’s jurisdiction rules, and in particular with EU Regulation No. 1215/2012 of 12 December 2012.
15. Customer Service
For any questions and/or complaints, the Customer may contact the Seller’s customer service by email (ordersupport@french-bloom.com), by telephone (01 84 74 56 36) or by post (French Bloom SAS, 32 rue Washington 75008 Paris).
