General terms and conditions and Customer information
Table of contents
- Contract conclusion
- Right of withdrawal
- Prices and payment modalities
- Delivery terms
- Conformity & Legal guarantees
- Applicable law, competent courts
- Information on online dispute settlement
1.1 The present General Terms and Conditions govern any contracts between an end-consumer or professional and Caves Wengler S.A., 2 Rue Neuve, L-6581 Rosport (hereinafter the « seller ») regarding products and/or services advertised in the online shop of the seller. Unless otherwise agreed, the present GTC cancel any terms and conditions of the customer.
1.2 In these GTC, any natural person who acts for purposes that are not part of their commercial, industrial, artisanal or liberal activity is considered a consumer. Under these General Terms and Conditions, a professional refers to any natural or legal person who acts, including through another person acting on their behalf, for purposes that are part of their commercial, industrial, artisanal or liberal activity.
2.1 The product descriptions published in the seller’s online shop are firm offers from the seller, that the customer accepts by submitting an order.
2.2 The customer can submit an order via the order form provided in the seller’s online shop and by doing so, accept the seller’s offer. When placing an order with the online form, the customer, after entering the details relating to the order and clicking on the button to complete the order (“Order confirmation”), confirms the final acceptance of the order of the goods contained in the order basket.
2.3 The seller sends an acknowledgement of the order to the customer either by regular mail or email.
2.4 Upon completing the order the seller saves the wording of the contract and will transmit it in form of text (email, fax or letter) to the customer together with the present GTC. In addition, this document is also archived on the seller’s website and can be accessed free of charge by the customer on the password-protected account by entering the login data provided the customer has creates an account on the seller’s website before placing the order.
2.5 Before submitting a firm and final order using the online form of the seller, the customer can correct the data with the usual keyboard functions. Furthermore, any information provided will be displayed again in a confirmation window before the final validation of the order and can be corrected in the same way.
2.6 Only the French language is binding for the conclusion of the contract.
2.7 Order processing and contacts are made via email and an automated order processing system. The customer must ensure the accuracy of the email address provided for the processing of the order to receive the emails sent by the seller. In addition, the customer must ensure, if using anti-spam filters, that all emails sent by the seller or by third parties in charge of processing the order will be received.
In principle, customers have a right of withdrawal. Further details on the right of withdrawal are available in the Information for exercising the right of withdrawal.
4.1 If nothing else is provided in the product descriptions published by the seller, the prices published by the seller are expressed in Euro including taxes i.e. also value added tax (VAT). However, additional delivery and shipping charges may apply. If applicable, they will be expressly specified on the seller’s website.
4.2 The customer can choose between several payment options displayed on the seller’s website.
4.3 In the event of advance payment, such payment must be made immediately after the conclusion of the contract.
5.1 Unless otherwise agreed, goods are delivered by mail at the delivery address provided by the customer.
5.2 Shipping is free in the Grand-Duchy of Luxembourg. The customer can collect the order directly from Caves Wengler S.A., 2 Rue Neuve, L-6581 Rosport, or may request the order to be dispatched at a specified address. Delivery time for items in stock includes the time to prepare the package and process the delivery with an average of 48 hours.
5.3 In the event the order is collected by the customer, the seller will inform the customer by email when the ordered goods are ready, after which the customer can agree a time for pick-up at the seller’s premises.
6.1 The goods provided by the seller are new and guaranteed against any defect. In the event a product is defective or non-compliant, or does not satisfy the buyer’s expectations, the seller agrees to exchange or refund this product, provided it has no trace of use and is returned in its original packaging within 14 days of its reception.
In case of dispute, consumers have the option to resort to a conventional mediation procedure or any other method of dispute resolution.
8.1 If the customer is a consumer in the sense of article 1.2, any legal relation between the contracting parties is governed by the law of the country where the customer has his or her usual residence, excluding UN international trade law. Any dispute arising from the present contract shall be exclusively brought before the jurisdiction of the customer’s usual residence.
8.2 If the customer is a professional in the sense of article 1.2, any legal relation between the contracting parties is governed by the law of the country where the seller’s registered office is located, excluding UN international trade law. Any dispute arising from the present contract shall be exclusively brought before the jurisdiction of the seller’s registered office.
On its website the European Commission has provided the following electronic link to the online dispute settlement platform: https://ec.europa.eu/consumers/odr.
This platform is a one-stop shop for out-of-court dispute settlement arising from online sales or service contracts between consumers and professionals.