GENERAL TERMS OF SALE
MINUTY SAS is a simplified joint stock company with a capital of 273,000 euros, registered in the Fréjus Trade and Companies Register under number 597 180 488, whose registered office is located at 2491 route de la Berle - 83580 GASSIN, hereafter referred to as "MINUTY",
VAT NUMBER: FR 73 597 180 488
U.I. NUMBER: FR205882_01GDCS
Tel: 04 94 56 12 09
Fax: 04 94 56 18 38
Article 1. Purpose
The present General Terms and Conditions of Sale (hereinafter referred to as the " GTC ") define in particular the conditions of order, payment, delivery and management of possible returns within the framework of the sale of products (the " Products ") by MINUTY via its merchant website www.minuty.com (hereinafter referred to as the " Site ") to any natural person of legal age having the status of consumer, to the exclusion of any professional purchase for resale (hereinafter referred to as the " Customer ").
These GTC apply to the exclusion of all other conditions and in particular those applicable to sales in shops or by means of other distribution or marketing channels for the Products. All other documents, such as leaflets, emailing, catalogues or photographs of the Products are only indicative.
They are accessible at any time on the Site and shall prevail, if necessary, over any other version or any other contradictory document. They must be accepted by the Customer prior to the validation of any order for Products.
Any sale of Products made by MINUTY to the Customer is consequently governed, without restriction or reserve, by the present GTC. Therefore, the fact that the Customer places an order on the Site implies an unconditional acceptance by the Customer of the present GTC.
By placing an order on the Site, the Customer undertakes to be at least eighteen (18) years old and to have the legal capacity to enter into this contract on the date of the order, it being recalled that, in accordance with Article L. 3342-1 of the Public Health Code and Ordinance No. 59-107 of 7 January 1959 and Law No. 74-631 of 5 July 1974, the sale and offer of alcoholic beverages to minors and persons of equivalent age are prohibited. The Customer also undertakes to ensure that his order is not intended for consumption by minors.
Article 2. Modification
MINUTY reserves the right to modify these GTC at any time. The modifications of these GTC are opposable to the Customers of the Site as from their on-line publication and cannot apply to the transactions concluded previously. All orders placed are subject to the GTC on line on the day of the order.
Article 3. Products offered for sale
The Products offered for sale are those shown on the Site. Each Product is accompanied by a description of its essential characteristics and in particular its own specifications and one or more photographs, which are not contractual. The Customer is obliged to read these before placing an order, as the choice and purchase of a Product is the sole responsibility of the Customer.
We only sell cartons of twelve (12) bottles in fifty centilitre (50 cl), cartons of six (6) bottles in seventy-five centilitre (75 cl), cartons of three (3) bottles in one hundred and fifty centilitre (150 cl) and cartons of one bottle in three hundred centilitre (300 cl) and six hundred centilitre (600 cl) of one quality and one colour.
MINUTY undertakes to supply the Product ordered by the Customer within the limits of available stocks. Considering the rare nature of certain Products, which are also subject to the vagaries of the weather, MINUTY reserves the right to apply restrictions on the quantities available.
The Products displayed as available at the time of the order, may sometimes no longer be available at the time of processing by MINUTY, despite the regular updating of the Product database. MINUTY will not be responsible in case of unavailability of the Products or out of stock.
If the Products can be restocked, MINUTY will inform the Customer by all means and the Products will be sent as soon as they are in stock. In this case, the delivery times provided for in article 7.3 will apply as from the restocking.
If the Products cannot be restocked, MINUTY will inform the Client by any means, and will propose an equivalent Product. The Client may then either accept the proposal, or refuse it and request a refund of the entire order. If necessary, a total refund or the payment of the difference between the unavailable Product and the replacement Product will be made by the same means of payment initially used within a maximum period of fourteen (14) days.
Article 4. Prices
The prices are expressed, for each of the Products listed on the Site, in Euros, all taxes included, excluding processing, shipping, delivery, transport and customs taxes, which will be mentioned, if necessary, before validation of the order and invoiced in addition.
If the Customer requests a faster or more expensive shipping method than standard shipping, additional shipping charges will apply.
The payment requested from the Customer corresponds to the total amount of the order, including these costs.
The prices indicated are firm and non-revisable during their period of validity. MINUTY reserves the right to modify its prices at any time. The price applicable to the Client will be the price shown on the Site on the day of the order. The price displayed on the Site takes into account any occasional promotional operations set up by MINUTY on the Site.
Article 5. Order
5.1 Ordering process.
Orders must be placed by the Customer on the Site, following the ordering process described below:
The Customer must first complete the following information:
- First name
- Postal code
- Mobile phone
The Customer then chooses the Products and adds them to his basket. He validates his basket and enters his billing address and delivery address as well as a surname, first name, email address and mobile phone number.
He/she certifies that he/she is of legal age to order the Products, he/she reads the GTC and ticks the box " I have read and accept the GTC ". The order is registered when the customer has accepted the GTC by ticking this box. The Customer then chooses their method of payment and validates the payment after having checked the information relating to their order.
Finally, MINUTY sends an order confirmation e-mail to the Customer at the e-mail address provided by the latter.
During the ordering process, the Customer may view, at any time, the details and total amount of his/her order, and correct any errors, before confirming it in order to express his/her acceptance. The Customer alone is responsible for any errors made during the ordering process.
Any order placed, validated by the Client and confirmed by MINUTY, under the conditions and according to the methods described above, on the Site, constitutes the formation of a contract concluded at a distance between the Client and MINUTY. Except contrary proof, the data recorded in the computer system of MINUTY constitute the proof of all the transactions concluded with the Client.
5.2 Terms of the order
By placing an order, the Customer expressly accepts the prices, the descriptions of the Products and the GTC.
Orders are validated as soon as possible by email. No subsequent modification is possible without the express agreement of MINUTY.
By placing an order on the Site, the Customer expressly waives the benefit of article 1587 of the Civil Code, according to which the sale of wine is only definitively concluded after tasting and approval by the buyer.
MINUTY reserves the right to refuse or cancel an order:
- if the quantities of Products ordered are abnormally high for buyers who are consumers;
- a Customer who does not have the capacity to contract in accordance with Article 1 of these GTC;
- of a Customer with whom there has been a previous payment incident.
5.3 Cancellation of an order
In order to be taken into consideration, any request to cancel an order must be made before the Products are dispatched by MINUTY, by telephone or e-mail, specifying the surname, first name, amount and order number.
Article 6. Terms and conditions of payment of the order
The price is payable in full on the day the order is placed by the Customer.
The Customer must make payment immediately upon ordering by : Carte Bleue, Visa, Mastercard. He will then be redirected to the payment interface of MINUTY's banking partner, which is 3D Secure. For any other means of payment, the Customer will have to contact MINUTY directly.
Payments made by the Client will only be considered as final after effective collection of the sums due by MINUTY.
The Customer guarantees MINUTY that he/she has the necessary authorisations to use the bank card used.
An invoice is drawn up by MINUTY and given to the Customer upon delivery of the Products ordered.
Article 7. Delivery of the Products
7.1 Delivery address
The Products ordered are delivered to the address indicated by the Customer when ordering on the Site, in Metropolitan France only.
In the case where the Products are returned to MINUTY because of an incomplete or false address, MINUTY will contact the Customer to inform him/her and ask for additional information or a new delivery address. The starting point of the new delivery period will begin as soon as the information concerning the new address is received, and the costs of this reshipment will be charged to the Client. Under no circumstances can MINUTY be held responsible for the impossibility of delivering the Products at the right place and time.
7.2 Transport and reception of the Products
The Products are insured by MINUTY during their transport in Metropolitan France and travel at its own risk. The transfer of ownership and the risks of loss and deterioration relating thereto will only be realised at the moment when the Client takes physical possession of the Products.
It is the Customer's responsibility to check the condition of the packaging as well as the nature, condition, quantity and quality of the Products and, more generally, the conformity of the Products delivered with the content of the order concerned and to make any necessary observations in the event of breakage, damage or shortages by clearly expressing his reservations on the delivery receipt. The signing of the delivery receipt without reservation shall constitute acceptance by the Customer.
Before signing the delivery receipt, in case of anomaly noted, the Client must refuse the delivery. The carrier will inform MINUTY which undertakes to reship to the Client, as soon as possible, an identical Product. Subject to the observation by MINUTY of the validity of the refusal of the delivery by the Client, MINUTY will take charge of the reshipment costs. The Client will not be able to demand the reimbursement of the Product and the delivery costs.
After the signature of the delivery receipt, in case of anomaly noticed by the Client, he/she will have to inform MINUTY and the carrier by registered letter with acknowledgement of receipt within twenty-four (24) hours after the delivery.
From the moment of delivery, MINUTY cannot be held responsible for the risks of loss, deterioration of the Products or damage that the Client could cause to the latter.
7.3 Delivery time
The Customer's order will be dispatched within a maximum of three (3) working days from receipt of full payment, subject to the availability of the Products ordered.
In any case, the order will be delivered within a maximum of thirty (30) days provided that the delivery address is complete and accurate and that the telephone number is valid.
In case of non-respect of this delivery time by MINUTY, the Client has the possibility to enjoin MINUTY to carry out the delivery within a reasonable additional time, by registered letter with acknowledgement of receipt sent to the following address: 2491 route de la Berle - 83580 GASSIN.
Only if MINUTY has not performed within this period, the Client has the possibility to cancel the contract, according to the same terms.
MINUTY undertakes to make its best efforts to deliver the Products ordered by the Client within the specified deadlines. However, the Customer acknowledges that the delivery times do not constitute an essential condition of the contract concluded with MINUTY.
Non-compliance with payment deadlines by MINUTY shall not give rise to the payment of any compensation.
7.4 Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Therefore, MINUTY cannot be held responsible for delays, losses, damages, quality degradation, errors or defects in delivery.
It is specified that such a situation includes all events or causes outside of MINUTY's control, hindering or stopping MINUTY's supplies or deliveries or those of its service providers or subcontractors, and preventing MINUTY in good faith from carrying out the delivery of the Products that are the subject of the order.
Article 8. Liability
MINUTY guarantees to supply Products that comply with the regulations in force and the characteristics announced on the Site.
MINUTY cannot be held responsible in case of incomplete or erroneous data entry by the Client, in case of stock shortage or unavailability of the Products, in case of indirect damages linked to the non-respect of the delivery time, or for any case of force majeure as mentioned in article 7.4 and in general for all events beyond MINUTY's control that do not allow the good execution of the order.
Article 9. RETENTION OF TITLE CLAUSE
IT IS EXPRESSLY AGREED BETWEEN THE PARTIES THAT THE PRODUCTS REMAIN THE PROPERTY OF MINUTY UNTIL FULL AND COMPLETE PAYMENT OF THE ORDER IN ACCORDANCE WITH LAW N°80.335 OF 12 MAY 1980. THE TRANSFER OF OWNERSHIP TO THE CUSTOMER WILL TAKE PLACE ON THE DAY OF FULL PAYMENT OF THE PRICE.
Article 10. Right of withdrawal
10.1 Exercising the right of withdrawal
In accordance with article L. 221-18 of the French Consumer Code, as a consumer, the Customer may exercise his right of withdrawal within fourteen (14) days of receiving the Products ordered. The Customer does not have to give any reason and will not be subject to any penalty.
In order to exercise this right of withdrawal, the Customer must notify his intention to withdraw, before the expiry of the withdrawal period, by means of an unambiguous statement via :
- a letter containing his/her name, address and, if applicable, telephone number and e-mail address sent to the following address (as evidenced by the postmark): 2491 route de la Berle 83580 GASSIN ;
- an e-mail with name, address and possibly telephone number and e-mail address sent to the address (date of sending): email@example.com
- the non-binding withdrawal form attached to these GTC.
10.2 How to return Products
The Customer undertakes, within fourteen (14) days of sending his decision to withdraw, to return the Products, in their original condition and packaging, in a perfect state for resale, to the following address: 2491 route de la Berle - 83580 GASSIN.
The transport of the returned Products is the responsibility of the Customer, who must choose a suitable method of return.
The costs of re-shipment will be charged to the Client. MINUTY will reimburse the Client for the totality of the price paid including the delivery costs (corresponding to the least expensive adapted standard delivery method), as soon as possible and at the latest within fourteen (14) days following the date on which MINUTY was informed of the Client's decision to withdraw.
The refund will be made using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees that MINUTY may use another means of payment and insofar as the refund does not incur any costs for the Customer.
In accordance with article L. 221-24 of the Consumer Code, MINUTY may defer reimbursement until receipt of the Product(s) or until the Client has provided proof of their dispatch, the date retained being that of the first of these facts. Proof of shipment of the Product is understood to be any means allowing the sending of the Product concerned to be justified to MINUTY without any possible dispute.
It is recalled that the Customer's liability, in the event of withdrawal after use of the Product(s), is engaged with regard to the depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s). According to the European Commission, these manipulations are those that a consumer can carry out in a shop, for the goods offered for sale there.
Article 11. Guarantees
MINUTY is bound to its Clients by the legal guarantee of conformity mentioned in articles L. 217-3 to L. 217-20 of the Consumer Code and by the guarantee relating to defects in the item sold, under the conditions set out in articles 1641 and following of the Civil Code.
In case of non-conformity of the Products, the Customer is invited to contact MINUTY (by mail, email or telephone) which will take care of the matter by indicating the modalities of return, replacement or refund.
The Customer has two (2) non-cumulative choices:
When acting under the legal guarantee of conformity, the Customer :
- has a period of two (2) years from the date of delivery of the Product to take action;
- may choose between replacing the Product, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- if the replacement of the Product is impossible, if the solution requested by the Customer has not been implemented within one (1) month or if this solution cannot be implemented without major inconvenience for the Customer given the nature of the Product and the use he/she is looking for, the Customer may obtain a refund in exchange for the return of the item or a reduction in the price if he/she wishes to keep it. However, the sale may not be cancelled if the lack of conformity is minor.
- is exempted from proving the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the goods.
On the other hand, the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code.
In this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Proof of the absence of defects may be provided after tasting by MINUTY's oenologists.
The legal texts concerning the existence, the conditions of implementation and the content of the legal guarantee of conformity are reproduced below:
Article L. 217-3 of the Consumer Code :
" The seller shall deliver a property that complies with the contract and the criteria set out in Article L. 217-5.
He shall be liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within a period of two years as from the latter.
In the case of a contract for the sale of goods with digital elements :
- Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the period of supply, the seller shall be liable for any lack of conformity of the digital content or digital service which becomes apparent within two years of delivery of the goods;
- Where the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller shall be liable for any lack of conformity of that digital content or digital service which arises during the period for which it is supplied under the contract.
For such goods, the applicable time limit does not deprive the consumer of his right to updates in accordance with the provisions of Article L. 217-19.
The seller shall also be liable, within the same time-limits, for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was his responsibility under the contract or was carried out under his responsibility, or where the incorrect installation carried out by the consumer as provided for in the contract is due to shortcomings or errors in the installation instructions supplied by the seller.
This guarantee period applies without prejudice to Articles 2224 et seq. of the Civil Code.Thestarting point of the limitation period for the consumer's action shall be the day on which the consumer becomes aware of the lack of conformity. "
Article L. 217-4 of the Consumer Code
" The goods are in conformity with the contract if they meet the following criteria, where applicable:
1° They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller at the latest at the time of the conclusion of the contract and accepted by the latter;
3° It is delivered with all accessories and installation instructions, to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L. 217-5 of the Consumer Code
" I. In addition to the criteria of conformity with the contract, the good is in conformity if it meets the following criteria:
1° It is fit for the purpose normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities which the seller presented to the consumer in the form of a sample or model before the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where appropriate, it is delivered with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labelling.
II.- However, the seller shall not be bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract, the public statements had been corrected under conditions comparable to the initial statements; or
3. that the public statements could not have influenced the decision to buy.
III - The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, and to which he expressly and separately agreed at the time of conclusion of the contract.
Article L. 217-28 of the Consumer Code :
"Where the consumer asks the guarantor, during the period of the legal guarantee or the commercial guarantee granted to him at the time of the purchase or repair of goods, to repair the goods covered by this guarantee, any period of immobilisation shall suspend the guarantee which remained in force until the delivery of the repaired goods.
This period shall run from the time when the consumer requests action or the goods are made available for repair or replacement, if this starting point is more favourable to the consumer.
The guarantee period shall also be suspended where the consumer and the guarantor enter into negotiations for an amicable settlement.
The legal texts concerning the existence, the conditions of implementation and the content of the guarantee against hidden defects of the thing sold are reproduced below:
Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Article 2232 of the Civil Code:
"The postponement of the starting point, suspension or interruption of the limitation period may not have the effect of extending the period of extinctive limitation beyond twenty years from the day on which the right arose.
Article 12. Personal data
The Customer's personal data are collected and processed by MINUTY in the context of the execution and management of orders placed by the Customer on the Site.
In accordance with the Law n°78-18 of 6 January 1978 known as the "Loi Informatique et Libertés" modified by the law n°2018-493 of 20 June 2018 and with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD), the Client has at all times, within the framework of his relationship with MINUTY, of a right of access, rectification and deletion of the personal data which concern him with MINUTY, of the right to withdraw his consent, to ask for the portability of his personal data, to oppose their treatment or to ask for the limitation of the treatment and to define directives on the fate of his personal data after his death.
The Client may exercise these rights by contacting MINUTY by post (2491, route de la Berle - 83580 GASSIN) or by email(firstname.lastname@example.org).
Article 13. Cookies
Article 14. Intellectual Property
All the elements (database, graphics, texts, photographs, etc.) appearing on the Site are protected by intellectual property rights belonging to MINUTY.
No reproduction (other than for strictly private use) of any of the elements of the Site, nor any hypertext link to the Site, may take place without the express prior authorisation of MINUTY.
Article 15. Alcohol abuse
Alcohol abuse is dangerous for your health. Drink in moderation.
Article 16. Applicable law
These GTC are subject to French law.
In the event that any of the terms of the GTC are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
Article 17. Settlement of disputes
All disputes to which the purchase and sale operations concluded in application of these GTC could give rise concerning their validity, interpretation, execution, termination, consequences and consequences will be submitted to the competent courts under the conditions of common law.
In the event of a dispute, we invite the Customer to seek an amicable solution by contacting our Customer Service Department beforehand by sending a letter to the following address MINUTY, 2491 route de la Berle - 83580 GASSIN or an e-mail to the following address: email@example.com.
If this claim relates to a Product, it must be kept in its original condition or packaging within this period for any claim to be taken into account.
In the event that the request for a complaint to the Customer Service is unsuccessful or in the absence of a response from this service within a period of two (2) months, the Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 18. Translation
These GTC have been drafted in French and may be translated. It is agreed that in case of difficulty of interpretation, the French version shall prevail.
Annex - Withdrawal form
By post to the attention of : MINUTY, 2491 route de la Berle - 83580 GASSIN or by email to the following address: firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the Products listed below:
- Ordered on (*) / received on (*) :
- Order number :
- Name of the Client(s) :
- Address of the Client(s) :
Signature of the Client (only if this form is notified on paper) :
(*) Delete as appropriate.
INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL :
You have the right to withdraw from this contract without giving any reason within fourteen (14) days of the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You can use the model withdrawal form but it is not obligatory.
In order for the withdrawal period to be observed, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we shall refund all payments received from you, including delivery costs (with the exception of any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
Insert your name, your geographical address and, where available, your telephone number, fax number and e-mail address.
You can also fill in and submit the sample withdrawal form or any other unambiguous statement on our website. If you use this option, we will send you an acknowledgement of receipt of the withdrawal by email without delay.
We may defer the refund until we have received the relevant Products or you have provided proof of dispatch of the Products, whichever is the earlier.
You must return the goods to the company's headquarters without undue delay and, in any event, no later than fourteen (14) days after you have informed us of your decision to withdraw from this contract. This period shall be deemed to have been observed if you return the Products before the expiry of this fourteen (14) day period.
The Customer shall bear the direct costs of returning the Products.
You are only liable for the depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products concerned.