General Sales Terms and Conditions
Preamble

These General Sales Terms and Conditions apply between the Company Top Gourmet Monaco, EI with the main office located at 6, lacets Saint-Léon - 98000 MONACO which is registered at the Sociétés de Mâcon under number 18P09206.

Here below named «Top Gourmet Monaco», and any physical person purchasing via the website www.subtilwine.com.

Here below named « the Buyer ».

These conditions define the methods of remote sales between Top Gourmet Monaco and the Buyer, for ordering and payment and delivery.

They control all necessary steps for ordering and ensure tracking for the order between the contracting parties.

Ordering on the website www.subtilwine.com published by Top Gourmet Monaco implies agreement to the present condition without reservation.

The Buyer states that he/she is at least 18 years old and has the legal capacity or has the parental consent to order from the website.

Article 1: Conformity of product availability

Products offered for sale are those displayed on the website on the day of the Buyer's consultation.

Products are offered for sale within the limit of available stocks.

In the event of error in regard to product availability for an ordered product, Top Gourmet Monaco the Buyer will be notified by e-mail as soon as possible. The Buyer will have the opportunity to have the product replaced by another of equivalent quality and price, or to cancel the order.

The products offered for sale are described and presented with the greatest possible accuracy. In case of error or omission in this presentation, Top Gourmet Monaco can not be held responsible. The photographs and the texts illustrating the products are only indicative and are not binding.

Article 2: Price

The prices displayed on the website are indicated in euros all taxes included, including VAT, excluding participation in shipping and processing costs for the order.

If the VAT rate were to be changed, these changes could be reflected in the price of items without the Internet user being informed.

We reserve the right to change our prices at any time but we agree to apply the rates indicated on the website at the time of your order.

The prices displayed on the website are likely to be different from those indicated in our printed materials and those displayed at our cellar.

Article 3: Payment (Secured payment)

3.1 Choice of payment method

Top Gourmet Monaco offers several payment methods:

  1. Règlement par carte bancaire avec notre partenaire «» : seules sont acceptées les cartes présentant le sigle « CB », les cartes portant la marque « VISA », « EUROCARD » ou « MASTERCARD » acceptées en France, ou encore les cartes émises dans le cadre de réseaux internationaux, homologuées par le Groupe d'Intérêts Economiques (GIE) Cartes Bancaires.
    La validation de la commande au moyen du numéro de la carte bancaire et de la date d'expiration vaut mandat de payer le prix de ladite commande.
    Le montant de la commande est débité qu'au moment de la confirmation de votre commande.

3.2 Secure payments

Top Gourmet Monaco Uses the «» secure service.

The confidential data relating to the payment method are not accessible by Top Gourmet Monaco, but managed directly by the security service.

Article 4: Order

Any order implies the express and irrevocable acceptance by the Buyer of the prices and descriptions of the products available for sale, as well as these conditions.

After confirming the order, Top Gourmet Monaco sends the Buyer a confirmation e-mail to the e-mail indicated at time of order.

Article 5: Delivery

The ordered products are sent to the delivery address indicated by the Buyer when placing the order.

Participation in the logistics preparation and shipping costs is defined by the fee schedule below and includes VAT.

The maximum delivery time is 40 days from the date of order of the product on the website.

In case of more than seven days delay in the delivery and if it is not due to a force majeure, the Buyer may cancel his order.
The order will be refunded within 30 days.

Participation in the logistics preparation and shipping costs is defined by the fee schedule below and includes VAT.

DE 0 to 12 bottles 24,00  €
DE 13 to 18 bottles 45,00  €
DE 19 to 24 bottles 55,00  €
DE 25 to 30 bottles 65,00  €
DE 31 to 36 bottles 75,00  €
DE 37 to 42 bottles 85,00  €
DE 43 to 48 bottles 95,00  €
DE 49 to 54 bottles 105,00  €
DE 55 to 60 bottles 115,00  €
DE 61 to 150 bottles 125,00  €
PLUS_DE 150 bottles Shipping free of charge

Article 6: Availability

In case of product unavailability, Top Gourmet Monaco informs the Buyer by sending an e-mail to the e-mail indicated at time of order.

The Buyer then has the option to be delivered a product of equal quality and price, within the limits of available stocks, or to be reimbursed the price of the order within thirty days of payment of the order.

Delivery fees for the new product will be paid by Top Gourmet Monaco.

Article 7: Right of withdrawal

The Buyer has a period of 14 days, from the date of receipt of the products, to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, as the case may be, return delivery fees.

If the 14 day period expires on a Saturday, Sunday, a holiday or public holiday, it is extended until the next business day.

In case of exercise of the right of withdrawal, Top Gourmet Monaco refunds the Buyer of all sums paid, as soon as possible and at the latest within thirty days following the date on which this right was exercised.

Example of withdrawal letter
To the attention of Top Gourmet Monaco - 6, lacets Saint-Léon - 98000 MONACO
email:

I hereby notify you of my withdrawal from the contract for the sale of the following product: .............. (indicate the name of the product) ordered on ............ (Specify the order date), order number ....... (Fill in the number).
Indicate your last name, first name and address
Indicate the date
If sending the letter by the post, please sign the letter at the bottom of the page.

ART_O8_RETOUR
ART_O8_RETOUR_TXT
Article 9: Warranties and liabilities

Top Gourmet Monaco is responsible for the non-conformity of delivered product. It is also responsible for non-conformity due to packaging.)

n case of delivery of a non-compliant product or in case of delivery of a product revealing a hidden defect, Top Gourmet Monaco undertakes either to refund the Buyer the price of the product, or to exchange the product for another identical product depending on available stocks, or to exchange for a product of equal quality and price depending on available stocks.

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

The action resulting from latent defects (example: wine corks) must be brought notified by the Buyer within two years from the discovery of the defect.

These provisions are not exclusive of the right of withdrawal defined in article 7 hereof.

Products that have been modified, repaired, integrated or added by the Buyer or any other person not authorized by the supplier of the said product or service are excluded from the warranty.

The warranty does not cover apparent defects.

The warranty will not cover products or services damaged during transport or misuse.

The responsibility of Top Gourmet Monaco can not be retained in case of breach of contractual obligations due to a fortuitous event or a case of force majeure, as defined by law.

Article 10: Personal Data

Top Gourmet Monaco undertakes to respect the confidentiality of personal data communicated by the Buyer on the Site and to treat them in compliance with the Data Protection Act of 6 January 1978.

In accordance with the Data Protection Act of 6 January 1978, the Buyer may exercise his right of access to the file, his right to object and his right to rectify or delete information concerning himself by sending his request by e-mail to the email address subtil@subtilwine.com or by post to: 6, lacets Saint-Léon - 98000 MONACO

Article 11: Intellectual property

All elements of the website are protected by copyright, trademarks or patents.

They are the exclusive property of Top Gourmet Monaco.

Article 12: Applicable law and jurisdiction

These General Sales Terms and Conditions are executed and interpreted in accordance with French law.

In case of dispute, the Buyer undertakes to contact in priority Top Gourmet Monaco in order to try to amicably resolve any dispute that may arise between the parties.

In accordance with Article L. 133-4 of the Consumer Code, the Client is also informed of the possibility of appealing, in case of dispute, to a conventional mediation procedure or any other alternative method of dispute resolution.
You can contact our Consumer Ombudsman free of charge, who will try to bring the parties together for an amicable solution: MEDICYS, www.medicys.fr, 75 Boulevard de Clichy 75009 PARIS.

In the absence of conciliation, the French courts will have sole jurisdiction.

Article 13: Modifications of General Sales Terms and Conditions

Top Gourmet Monaco reserves the right to adapt or modify at any time these General Sales Terms and Conditions. In case of modification, it will be applied to each order the General Sales Terms and Conditions in force on the day of the order will be applied to each order.

Updated June 24, 2019.