General Terms and Conditions
These general terms and conditions were modified on 03/23/2022.
Any online purchase made on the website www.alexiscaraux.com is subject to prior knowledge and acceptance of these general terms and conditions.
MILLESIWINE is a simplified joint-stock company with a share capital of 13,050 euros, registered with the Tours Trade and Companies Register under number 751 659 228, whose intra-community VAT number is FR72751659228 and whose registered office is located at 76 rue Marcel Tribute 37000 Tours, France (hereinafter “MILLESIWINE”) operates a website available at the URL address https://www.alexiscaraux.com (hereinafter the “Site”).
MILLESIWINE offers services relating to the sale and discovery of wines, as well as online training.
MILLESIWINE operates the Site which primarily offers its Customers Subscription services, with a view to receiving bottles of wine carefully selected by Alexis Caraux and his team. The receipt of wines as part of Subscriptions is accompanied by access to wine training videos, these videos being produced by Alexis Caraux. MILLESIWINE also offers its Customers Registered on the Site the possibility of placing an Order on the Site to acquire, outside of subscriptions, wines selected by MILLESIWINE, in a determined quantity (Private Sales).
Access to and use of these Services are governed by these General Terms and Conditions, of which only the French version is admissible. Visitors, Subscribers and Customers have the option of saving and printing them.
In the context of these general terms and conditions of sale and use (hereinafter "the General Terms and Conditions" or "GTC"), the terms beginning with a capital letter, whether used in the singular or plural depending on the context of their use, shall have the following meaning:
Refers to the contract to which the Customer subscribes with MILLESIWINE in order to enable him to receive Products under the conditions and methods defined in these GTC and to benefit from certain Services.
MILLESIWINE offers four (4) Subscription options, namely:
three “annual” Subscriptions, paid upon order and without automatic renewal (hereinafter “Fixed Term Subscription”)
a “discovery” subscription (a single delivery), without automatic renewal
2.2. “Gift Subscription”:
Refers to the Subscription purchased on the Site by the Customer for a third-party Beneficiary.
Refers to the adult natural person carrying a Gift Subscription, with the exception of the Customer, who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
2.4. "Promo code" :
Refers to the dematerialized codes issued by MILLESIWINE and allowing the Beneficiary's personal Account to be credited with a determined amount or to offer a commercial discount in order to proceed with the purchase of products and services only on the Site.
2.5. « Client(s) » :
Means any Registered, adult client, placing an Order on the Site, for his personal needs or on behalf of a third party, under the terms and conditions of these GTC.
The Customer is necessarily, within the meaning of the French Consumer Code:
A consumer: any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, or
A non-professional: any legal person who does not act for professional purposes.
In the event that the Customer wishes to allow a third party to benefit from all or part of the products and services of MILLESIWINE, he/she declares and guarantees that the said third party is of legal age and vouches vis-à-vis MILLESIWINE for respect by said third party from the obligations under these GTC;
Refers to the order(s) of Product(s) or Subscription(s), including via a Promo Code or a Gift Subscription, placed by the Customer with MILLESIWINE on the Site and in accordance with the terms set out in these GTC;
2.7. "My Account":
Refers to the account created by the Subscriber on the Site and accessible by him/her using his/her personal identifiers and password;
2.8. "Personal data":
Refers to the personal data allowing the Visitor, the Subscriber and/or the Customer to be directly or indirectly identified when registering on the Site and creating their Personal Account (e.g. surname, first name, e-mail address, postal address, username, IP address, etc.);
Refers to any person who has created a Personal Account on the Site www.alexiscaraux.com;
Refers to the wine producers selected by MILLESIWINE;
Refers to the bottles of wine selected by MILLESIWINE as well as the events marketed on the Site and acquired by the Customer by placing an Order on the Site;
2.12. “Services” :
Refers to all the services offered by MILLESIWINE to Customers on the Site, in addition to Subscriptions and the sale of Products;
2.13. “Site” :
Refers to the website accessible at the URL address https://www.alexiscaraux.com;
Anyone browsing the www.alexiscaraux.com Site.
3. Object of the General Terms and Conditions
The purpose of these General Terms and Conditions is to define the terms and conditions under which MILLESIWINE makes its Site available to Visitors, Subscribers and Customers and offers its Products and Services detailed below.
4. Acceptance of these General Terms and Conditions/h2>
These General Terms and Conditions apply to any Visitor, Subscriber and/or Customer of the Site.
Access to and use of the Site entails the Visitor's, Subscriber's and/or Client's acceptance of these General Terms and Conditions. The fact of confirming a Subscription or the placing of an Order on the Site, by clicking on the button "confirm my order", after having ticked the box "I accept the General Terms and Conditions" constitutes full and complete acceptance of the these General Terms and Conditions of Sale. If you do not agree with the clauses set out hereinafter, you are advised not to use the Site and/or not to place an Order.
The applicable General Terms and Conditions of Sale are those in force on the day of the visit to the Site, the taking out of a Subscription and/or the placing of an Order.
These General Terms and Conditions of Sale may be subject to modifications by MILLESIWINE.
In this case, MILLESIWINE will inform the Customers and the new General Terms and Conditions of Sale will only apply to Orders placed after the modification.
In the absence of agreement with the modified General Terms and Conditions of Sale, you are advised to refrain from continuing to use the services of the Site.
Otherwise, your acceptance of the modifications made to the General Terms and Conditions of Sale will be presumed.
5. Sales and Services to Individuals
MILLESIWINE exclusively reserves its Products and Services (apart from online training) for consumers and/or non-professionals within the meaning of the French Consumer Code. Any Client therefore undertakes to act in this capacity. MILLESIWINE reserves the right to refuse or cancel any Order and/or Subscription from a Customer proving to be a professional reseller.
6. Access and use of the Site
6.1. MILLESIWINE strives to keep the Site accessible without being bound by any obligation to do so. Access to the Site may be interrupted for maintenance, updating, or for any other technical reason.
6.2. Before placing any Order, the Visitor must create a Personal Account on the Website and provide the information requested of him/her, in particular his/her Personal Data.
As soon as their Personal Account is created, the Subscriber receives a confirmation email from the Site. Only one Personal Account will be allowed per person (same surname, same first name, same e-mail address).
6.3. The Subscriber guarantees the accuracy, sincerity and reliability of the information provided, particularly their Personal Data. Specifically, the Subscriber provides a single valid and functional e-mail address, which will be a means of communication between him/her and the company MILLESIWINE, as well as a valid postal delivery address. It is therefore up to the Subscriber to modify at any time and as soon as possible any change of contact details via his/her Personal Account accessible on the Website in the “my account” section.
6.4. MILLESIWINE cannot be held responsible for the Subscriber's lack of diligence when subscribing, modifying and updating their Personal Data, and as a result of incorrect contact details, for their consequences on the delivery of Orders.
6.5. MILLESIWINE may at any time check the accuracy of the information provided by the Customer and, if necessary, if this information appears to it to be erroneous and/or misleading, may request the communication of additional or corrected information. In the event of erroneous or misleading information, MILLESIWINE reserves the right to (i) suspend or terminate any contractual relationship with the Customer (ii) and/or suspend the Subscriber's access to his/her Personal Account.
6.6. The Subscriber has access to his/her Personal Account through a username and password that he/she creates himself/herself when creating his/her Personal Account. The Subscriber is solely responsible for the use of this identification information, he/she is required to keep them secret.
6.7. MILLESIWINE cannot be held responsible for the loss or theft of these identification elements. The elements can be modified only upon the Subscriber's or MILLESIWINE's initiative in the event of the Subscriber forgetting the password, upon written request. MILLESIWINE is not responsible for the disclosure of this information to third parties, nor for the consequences of such disclosure.
7. Subscriptions Operating Procedures
7.1. Description of Services
MILLESIWINE offers Visitors to create a Personal Account on the Site in order to benefit from the following Services:
- Receive a newsletter by email dealing with wine news and which may present promotional offers for the sale of wine or the opportunity to subscribe.
- Access to the online store of MILLESIWINE allowing to order the wines offered by Alexis Caraux.
MILLESIWINE offers Subscribers to take out a Subscription on the Site in order to benefit from the following Products and Services:
- Receipt of a defined number of bottles of wine and their explanatory sheets, selected with the greatest care by Alexis Caraux and his team, if need be, according to the Customer's preferences (the number of bottles varying according to the Subscription options as presented on the Site and chosen by the Customer);
- Receipt of the newsletter published by MILLESIWINE
- Access to MILLESIWINE's "Private Sale" online store, allowing customers to order at exclusive prices reserved for Customers, the wines discovered thanks to the Subscription, as well as additional selections and access to the Site MILLESIWINE.
- Access to online training in English or French
7.3. Duration of Subscriptions
As indicated in article 2.1 of these GTC, MILLESIWINE offers the subscription of a firm fixed-term Subscription of twelve (12) months at the Customer's choice, when subscribing.
All Subscriptions are concluded for their firm duration and the sums paid in this respect are once and for all acquired by MILLESIWINE, including in the event of termination of the Subscription before its term.
7.4. Automatic Subscription Renewal
The Fixed-Term Subscription is not automatically renewed.
7.5. Termination of the Fixed-Term Subscription
The Customer may not terminate his Fixed-Term Subscription. For any specific request, please contact Alexis Caraux and his team: email@example.com
7.6. Orders outside subscription
Any Customer has the option of purchasing through the Site, the Products discovered through their Subscription as well as additional selections, depending on the availability of the offers offered on the Site.
When subscribing to a Subscription, it is the Customer's responsibility to check that the Subscription complies with his/her choices (Personal Data, delivery method, possible options, Subscription formula or category, place of delivery and/or invoicing products, etc).
7.8. Right of refusal
MILLESIWINE also expressly reserves the right to study on a case-by-case basis and to accept or refuse any subscription to a Subscription for which deliveries must take place outside France, in particular with regard to the specific rules and conditions applicable in the country concerned, which the Customer acknowledges and expressly accepts. In the event of refusal to subscribe to a Subscription in this context, MILLESIWINE will inform the Customer as soon as possible and, if necessary, will reimburse him/her for the price already paid and debited.
7.9. Gift Subscription
7.9.1. Purchase of a Gift Subscription
Any Customer may purchase a Gift Subscription on his/her own behalf or on behalf of a Beneficiary, subject to having a Personal Account.
When the Gift Subscription is sent, the transfer of ownership takes place from MILLESIWINE to the Customer, or, where applicable, from MILLESIWINE to the Beneficiary.
The Customer is responsible for the transmission of the Gift Subscription to the Beneficiary of his/her choice or for the exact communication of his/her email address, it being understood that the Beneficiary must imperatively be an adult natural person. Under no circumstances may the responsibility of MILLESIWINE be liable in this respect.
The acquisition of a Gift Subscription for their own account is reserved for adult Customers.
7.9.2. Use of a Gift Subscription
The purchase and use of a Gift Subscription implies the unreserved acceptance of these General Terms and Conditions of Sale.
In the event of use of a Gift Subscription on the Site, all of these GTC will apply in their entirety to the Beneficiary, including in particular but not exclusively:
- The need to create a Personal Account and the Beneficiary's responsibility for the accuracy of the information provided;
- The procedures relating to the processing of personal data necessary for the creation of a Personal Account, etc.
7.9.3. Gift subscription: exchange and refund
Gift Subscriptions are non-exchangeable and non-refundable.
In any event, the use of Gift Subscriptions is the exclusive responsibility of the Beneficiary, or of the Client, where applicable.
For any specific request, please contact Alexis Caraux and his team: firstname.lastname@example.org
8. Wine orders and services (excluding Subscriptions)
MILLESIWINE offers Customers and Subscribers the possibility of placing an Order via the Site and acquiring, excluding subscriptions, selected wines and services, within the limits of available stocks and in compliance with these GTC.
Any Order will only be taken into account after receipt of full payment from the Customer. Any Order gives rise to an Order confirmation sent by MILLESIWINE to the e-mail address that the Customer provided when registering on the Site.
When placing an Order, it is the Customer's responsibility to check that the information relating to the Order complies with his/her choices (Personal Data, delivery method, possible options, place of delivery and/or billing of the products, etc.).
MILLESIWINE reserves the right to refuse any non-compliant or dubious Order, as well as any Order from a Customer who has not fully paid for a previous Order or with whom any dispute is in progress.
MILLESIWINE also expressly reserves the right to study on a case-by-case basis and to accept or refuse any Order for which delivery must take place outside France, in particular with regard to the special rules and conditions applicable in the country concerned, which the Customer expressly acknowledges and accepts.
In the event of refusal of the Order in this context, MILLESIWINE will inform the Customer as soon as possible and will reimburse the price paid and deducted.
9. Order Limitation
In consideration of the rare or speculative nature of certain Products offered on the Site and in order to allow as many people as possible to benefit from the Products offered by MILLESIWINE, specific restrictions on the quantities available for purchase/Order/Subscription may be applied. In this case, the available quantity of Products is understood to be limited per Customer (same name, same address, same account holder).
MILLESIWINE may indicate on the Site the application of specific restrictions and will reserve the right to refuse an Order in the event of doubt about the existence of a previous Order placed for the same Product and/or a previous Subscription already subscribed by the same Client.
10. Product Availability
The Product offers are valid as long as they are visible on the Site and are, outside of Subscription, subject to the limits of available stocks.
In the event of permanent unavailability of one or more Products ordered, MILLESIWINE undertakes to inform the Customer as soon as possible.
The Customer may then, at his/her option, request: (i) the replacement of the unavailable product(s) by one or more products of equivalent quality and price, or (ii) obtaining a credit note from MILLESIWINE corresponding to the amount of the order or the monthly amount of the subscription in question, or (iii) reimbursement of the amount debited from his/her account, this reimbursement occurring within thirty (30) days of receipt of the refund request.
For the purposes of the preceding paragraph, the assessment of the equivalent quality remains the sole responsibility of MILLESIWINE.
The price of the Subscription is that indicated on the Site. This price includes all taxes and shipping costs included for metropolitan France. The total price of the Subscription is that indicated during the validation by the Customer of his/her subscription to the Subscription, before the "second click" of confirmation, in accordance with the legal rules in force.
The prices of the Products ordered via the Site are those indicated on the sheet of each Product. These prices include all taxes and exclude transport costs (shipping costs are indicated separately and added to the amount of the order). The total price of the Order is that indicated during the validation of the Order by the Customer, before the "second click" of confirmation.
Deliveries outside the Euro zone for any Subscription taken out or any Order placed on the Site may be subject to any taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes related to the delivery of the Products are the responsibility of and are the sole responsibility of the Customer.
Shipping costs for the United States include taxes and customs duties.
12. Terms of payment and security
For any Order of a Fixed-Term Subscription, payment will be made either:
- in full when placing the Order, by credit card (Mastercard, CB, Visa) or by payment account (Paypal). Once the Order has been validated and the price debited, an invoice will be issued by MILLESIWINE and available on the Customer's Personal Account on the Site.
- monthly, by direct debit. The first payment is made when ordering. Once the order has been validated, an invoice with the payment schedules will be issued by MILLESIWINE company and available on the Customer's Personal Account on the Site.
For any Order placed, outside of Subscription, payment is made in full at the time of the Order, by bank card (Mastercard, CB, Visa) or by payment account (Paypal). Once the Order has been validated and the price debited, an invoice is created by MILLESIWINE and is available on the Customer's Personal Account.
In order to optimize the security of transactions, any payment made by credit card on MILLESIWINE Site is made via a secure online payment system, namely: Stripe.
13. Shipping and Delivery
13.1. Delivery within the framework of Subscriptions
The Products are sent to the Customer via the carrier selected by MILLESIWINE.
Excluding Discovery Subscriptions, Subscription Orders are shipped two (2) times a year. The first shipment of wines takes place between 30 and 45 days after the date of purchase of the Subscription. The second shipment occurs between the 7th and 8th month of the Subscription. Shipping dates can be adapted on a case-by-case basis according to the Customer's needs.
For any specific request, please contact Alexis Caraux: email@example.com
13.2. Delivery within the framework of Product Orders (excluding Subscriptions)
The delivery times applicable in the context of Orders for Products placed outside of a Subscription via the Site are those indicated at the time of the Order, before its validation.
These deadlines are likely to vary in particular depending on the place of delivery, the delivery method chosen, the quantity of Products ordered and their availability. The delivery times announced during the Order are indicated in business days and subject to validation of the Order.
The Products are delivered by MILLESIWINE according to the formula chosen by the Customer when registering and/or placing the order, to the delivery address indicated by the Customer.
If all or part of the addresses or information necessary for delivery provided by the Customer, when placing the Order, prove to be incorrect, forcing MILLESIWINE to return the Order, it will be up to the Customer to bear the costs and consequences thereof.
13.3. Delivery time
The average delivery times are given below depending on the destination:
- Delivery in metropolitan France: 3 business days
- Euro Zone and UK delivery: 5 business days
- USA delivery: 15 business days
- Other destinations: contact us
14.1. Wine shipping
We are committed to ensuring the delivery of your bottles in the best conditions. Your bottles of wine are packaged in secure packaging perfectly suited to wine.
Your delivery is guaranteed against all risks relating to transport (loss, theft, breakage).
14.2. Product Compliance
The Customer is required to carefully check upon delivery the condition and conformity of the Products delivered. He/ She can then (i) either accept the Order if it seems to him/her to be compliant, (ii) or refuse the Order if it is clearly non-compliant (bottles stained or broken).
For any complaints, please contact Alexis Caraux: firstname.lastname@example.org
14.3. Alteration of Products
In the event that, within a period of six (6) months from the delivery of his/her Order, the Customer notices during the tasting of the delivered products a manifest deterioration in the quality of the products ("corked" wine), it will be up to the Customer to return the product(s) to Alexis Caraux, at the following address: MILLESIWINE, return service, 76 rue Marcel Tribut 37000 Tours-France, in their carefully protected packaging, cardboard and original condition. For the application of this article, it is specified that only returns of bottle(s) with a level greater than three quarters (3/4) of their initial filling can be processed. The order number and the Customer's contact details must appear clearly on the shipping box.
14.4.Refusal of the Order
In the event of refusal of an Order by the Customer at the time of delivery or return due to an alteration in the quality of the Product(s) noticed during the tasting, it will be the Customer's responsibility to inform MILLESIWINE by regular mail or e-mail at the following address:
MILLESIWINE SAS, 76 rue Marcel Tribut 37000 Tours
In any case, the Customer must make sure to clearly indicate in the letter or e-mail all requested information as well as the precise reasons justifying the return or refusal of the Order, except in the case of a simple withdrawal made within fourteen (14) days after the order as per article H2.15 hereinunder.
The MILLESIWINE company will propose, at the Customer's choice, the replacement of the Product(s) by a new delivery to the Customer. In the event that the replacement of the Product(s) proves impossible, MILLESIWINE may then offer the Customer the substitution of the Product(s) concerned.
The Customer may always exercise the guarantee of conformity (article L.217-1 and following of the French Consumer Code) and the guarantee against hidden defects (Articles 1641 and following of the French Civil Code) for an additional period of eighteen (18) months, on condition of being able to provide proof that the lack of conformity and/or the hidden defect appeared after the delivery of the Product.
15. Right of withdrawal
15.1. In accordance with the provisions of articles L.221-18 and following of the French Consumer Code, the Customer or the Beneficiary has a right of withdrawal which allows him/her to withdraw without reason, within a period of (14) days from receipt of the first Product(s) ordered.
15.2. Only the direct costs of returning the goods in good condition (unopened and undamaged bottle(s), including the label) will be borne by the Customer or the Beneficiary.
15.3. To exercise his/her right of withdrawal, the Customer or the Beneficiary must notify his/her decision on plain paper or via our contact form, and send it by simple letter to : MILLESIWINE - 76 rue Marcel Tribut 37000 Tours, FRANCE, or by mailto email@example.com
16. Personal Data
17. Intellectual Property
17.1. The "MILLESIWINE" and "Alexis Caraux" trademarks are registered with the French National Institute of Intellectual Property (INPI).
No use of the “MILLESIWINE” and “Alexis Caraux” trademarks may be made without the prior written consent of MILLESIWINE.
17.2. All of the content, in whole or in part, which appears or is available on the Site (including but not limited to : data, information, texts, illustrations, logos, brands, computer graphics, photographs, videos, software and computer programs, databases, etc.), and more generally all or part of the Site itself, are protected by copyright and other intellectual property rights for France and the whole world.
17.3. These General terms and Conditions do not transfer any of these intellectual property rights to the benefit of Customers and/or Visitors and/or Subscribers. Consequently, the latter are formally prohibited from reproducing and/or using all or part of the content that appears or is available on the Site and all or part of the Site itself. Customers, Subscribers and Visitors are also prohibited from copying, modifying, altering, translating, reproducing, distributing, selling, publishing, exploiting or distributing in any way and in any form or medium whatsoever said elements.
17.4. In particular, access to the tasting videos posted on the Site is exclusively reserved for Customers, Visitors or Subscribers for private and non-commercial viewing. No use of these videos can be made without the prior written consent of MILLESIWINE (firstname.lastname@example.org).
17.5. Failure to comply with any of the provisions of this article exposes the offender (Visitor, Subscriber, Customer and/or any third party) to prosecution and/or engages the criminal and civil liability on such grounds as counterfeiting trademark and copyright.
18. Links, third-party websites and partners
18.1. MILLESIWINE can in no way be held responsible for the technical availability of websites operated by third parties (including its partners) to which the Visitor / Subscriber / Customer would access via the Site.
18.3. MILLESIWINE is also not responsible for transactions between the Visitor / Subscriber / Customer and any advertiser, professional or merchant (including its partners), to whom the Visitor / Subscriber / Customer of the Site would be oriented through the Site and can in no way be a party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and any other obligations to which the latter are held./p>
18.4. In addition, the Site may contain hypertext links as well as advertising, promotional, commercial or sponsorship visuals to the websites of third-party resellers or independent service providers. MILLESIWINE cannot be held responsible for the content of said third-party websites, does not guarantee their accuracy, validity, quality or integrity, in particular in the context of transactions carried out directly between the Visitor / the Subscriber / the Customer and a third-party reseller or independent provider.
19. Promotional offers
The credits granted to the Customer in the event of promotional offers can be used on the online store and can be consulted by the Customer in his/her Personal Account – section “my credits”. They are valid for a period of three (3) months from their date of attribution.
20. Liability and force majeure
MILLESIWINE guarantees the Customer the proper execution of the Order placed by the Customer.
However, MILLESIWINE cannot be held responsible:
In the event of non-compliance by the Customer with the terms of these GTC;
For any indirect and/or immaterial damage, including in particular bodily injury suffered as a result of the Order, the use of the Products or even the loss of reputation likely to occur during the use of all or part of the Products.
MILLESIWINE cannot be held responsible for any malfunction of any kind whatsoever relating to the computer equipment of the Visitor / Subscriber / Customer as well as to his/her Internet access connection, when accessing the Site.
Furthermore, the Subscriber is solely responsible for the consequences of any damage suffered as a result of the use by a third party of his/her username and password to access his/her Personal Account, his/her e-mail address or his/her password, and the communication of any information that he/she has made accessible.
In this context, the Visitor / Subscriber / Customer guarantees MILLESIWINE against any action, recourse or claim in connection with all of the aforementioned elements and, in particular but without limitation, those which would call into question the use of the Subscriptions offered on the Site, as well as the use that could be made of the Products.
MILLESIWINE cannot be held liable for non-performance of the contract in the event of the occurrence of an event of force majeure, as defined by article 1218 of the French Civil Code.
21. Applicable law - Settlement of disputes
22.1. These General Terms and Conditions are subject to French law.
22.2. In the event of a dispute likely to arise in connection with these General Terms and Conditions, their interpretation and their consequences or with other contractual provisions supplementing or modifying them, the parties will always endeavor to find an amicable solution before bringing the case before the courts.
To do this, the Customer is informed that the customer service of the company MILLESIWINE can be reached at the following coordinates:
Courrier : MILLESIWINE, 76 rue Marcel Tribut 37000 Tours, France
Email (Guaranteed response within 5 business days maximum) via email@example.com
22.3. If the customer service of the company MILLESIWINE does not give him/her complete satisfaction, the Customer will have the option of submitting his/her complaint on the online dispute resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals within the European Union and accessible at the following URL address: https://webgate.ec.europa.eu/odr/
22.4. In the absence of an amicable resolution, the Customer and/or the MILLESIWINE company may bring their complaint before the competent French courts having juridiction.