Preamble
AU RIESLING
Limited liability company with a capital of Share capital : 10 000,00 €.
RC COLMAR – FRANCE – SIREN 949066880
Head office: 5 RTE DU VIN 68340 ZELLENBERG
Article 1: object
These General Terms and Conditions of Sale govern the sale of Products by AU RIESLING to Consumer Customers via the Site: https://www.au-riesling.com/. The Customer is clearly informed and acknowledges that the Site https://www.au-riesling.com/ is intended for consumers and professionals but that these General Conditions of Sale only govern the sale of Products to consumers.
Article 2: Acceptance of the general conditions
The Customer undertakes to carefully read these General Conditions of Sale and accept them, before proceeding to the payment of an Order of Products placed on the Site https://www.au-riesling.com/.
These General Conditions are referenced at the bottom of each page of the Site https://www.au-riesling.com/ by means of a link and must be consulted before placing the Order. The Customer is invited to carefully read, download, print the General Conditions of Sale and keep a copy.
AU RIESLING advises the Customer to read the General Conditions of Sale for each new Order, the latest version of the said Conditions applying to any new Product Order.
By clicking on the references allowing to add products to the basket then on the button “Validate my order” to place the Order, the Customer acknowledges having read, understood and accepted the General Conditions without limitation or condition.
Article 3: Definitions
The terms used below have, in these General Conditions of Sale, the following meaning:
– “Client”: designates the co-contractor of https://www.au-riesling.com/ who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the Customer acts outside of any usual or commercial activity.
– “Order”: refers to the purchase of Products by a Customer on the Site: https://www.au-riesling.com/
– “Account”: means the space dedicated to the Customer associated with all the data provided by the Customer, hosted on the Site https://www.au-riesling.com/. Access to the Account is via the email address and password defined by the Customer.
– “Delivery”: designates the first presentation of the Products ordered by the Customer to the delivery address indicated during the Order on a delivery platform chosen by the Customer. The Delivery is therefore carried out by a third party and is not under the responsibility of https://www.au-riesling.com/.
– “Products”: refers to all the products marketed by https://www.au-riesling.com/ on the Site, namely fresh food products, delicatessen products, drinks with or without alcohol and accessories.
– “Restaurants”: means the restaurants https://www.au-riesling.com/ and the collection points for Products ordered “to take away” on the Site.
– “Collection”: designates the procedure by which the Customer may come and collect his Product at the chosen Restaurant, after having placed an Order on the Site.
– “Site”: means the website of https://www.au-riesling.com/ accessible at the following address: www.https://www.au-riesling.com/ .fr
– “Territory”: refers to the areas located within a radius of 4 kilometers from the Restaurants Order pick-up points
Article 4: Purchase of products on the SITE: https://www.au-riesling.com/
To be able to purchase a Product, the Customer must be at least 18 years old and have legal capacity.
Article 5: Orders
Section 5.1. Product Features
https://www.au-riesling.com/ undertakes to present the essential characteristics of the Product and the mandatory information that the Customer must receive under applicable law.
These elements appear on the product sheets present on the Site and contain in particular the description, the allergens, the advice for use and the price.
The Customer undertakes to read this information carefully before placing an Order on the Site. The Customer must find out about his food allergies or intolerances before ordering a Product on the Site.
https://www.au-riesling.com/ being required to regularly modify its Products and their composition, it is recommended that the Customer read the “product” sheets before any new Order.
https://www.au-riesling.com/ guarantees to the Customer the respect of the cold chain until the withdrawal of the Products in the restaurants https://www.au-riesling.com/. The Customer, or the third party chosen by the Customer to ensure delivery, must then ensure compliance with the storage conditions of the Products.
The Customer will be required to consume the Products ordered in compliance with the Use By Date indicated on the packaging and according to the storage instructions indicated on the Product packaging.
Section 5.2. Order Procedure
Product Orders for restaurant pick-up are placed directly on the Site.
To place an Order, the Customer must follow the steps described below (please note however that depending on the Customer’s start page, the steps may differ slightly).
5.2.1. Choice of command mode
In the context of an online Order on the Site, the Customer is first of all invited to choose his order method:
– Delivery
For Delivery, the Customer is invited to choose his desired delivery platform in order to be redirected to the restaurant page of said platform. The Customer leaves the Site, the process of ordering, delivery and payment of the Order is then entirely delegated to the platform.
– Take away.
For the Collection of the Products, the Customer must find and choose a Restaurant.
5.2.2. Product Selection
The Customer must select the Product by clicking directly on the desired reference. Once the Product has been selected, it is placed in the Customer’s basket. The items can be combined in the Customer’s basket
5.2.3. Orders
Once the Products have been selected and placed in the basket, the Customer must check that the content of his Order is correct in the “My order” summary, then click on the “Validate my order” button.
An online form allows the Customer to:
– Either identify yourself with your email address and password
– Either create a Customer account
– Or go to the next step without identifying or creating an account. In this case, the Customer will be asked in the next step for his First Name, Last Name and Telephone Number only so that https://www.au-riesling.com/ can contact him in the event of a problem with the Order process.
The customer is then directed to the secure payment module in order to pay for his Order.
The Customer is invited to check the content of his Order (including the quantity, the characteristics of the Product ordered, the address of the Restaurant for collection and the price) before validating its content.
The Customer can then pay for the Product by following the instructions on the Site. Validation and payment of the Order by the Customer implies acceptance of the general conditions of sale.
Once the Customer has made payment on the Site, he can no longer cancel or modify his Order.
5.2.4. Acknowledgment of receipt
Once all the steps described above are completed, a page appears on the Site to acknowledge receipt of the Customer’s Order. The summary of the order will also be sent to the e-mail address provided during the ordering process.
Section 5.3. Date of the order
The date of the Order is the date on which https://www.au-riesling.com/ acknowledges receipt of the Order online. The deadlines indicated on the Site only begin to run from this date.
Section 5.4. Price
The Customer will find on the Site the price of the Product displayed in euros all taxes included (TTC).
The price includes in particular value added tax (VAT) at the rate in effect on the date of the Order. Any modification of the applicable rate may impact the price of the Products from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the Product sold.
https://www.au-riesling.com/ supplier prices are subject to change. Consequently, the prices indicated on the Site may change. They can also be modified in the event of special offers or sales.
The prices indicated are valid, except gross error. The applicable price is that indicated on the Site on the date on which the Order is placed by the Customer.
Section 5.5. Product Availability
https://www.au-riesling.com/ undertakes to deliver the Product on the date or within the period indicated to the Customer, unless the parties have agreed otherwise.
Only available Products are offered on the Site.
In any case, if the unavailability was not indicated at the time of the Order, https://www.au-riesling.com/ undertakes to inform the Customer without delay if the Product is unavailable.
If the Customer decides to cancel his Order for an unavailable Product, he will obtain a refund of all sums paid for the unavailable Product no later than fourteen (14) days following the date on which the contract was terminated.
Article 6: Right of withdrawal
In accordance with Article L.221-28 of the Consumer Code, it is recalled that the right of withdrawal does not apply to Products sold on the Site which are likely to deteriorate or expire rapidly.
The terms of the right of withdrawal are provided for in the “Withdrawal Policy”, policy available in Appendix 3 hereof.
Article 7: Payment
Section 7.1. Means of payment
The Customer can pay for his Product online for collection at a Restaurant on the Site using the means offered by https://www.au-riesling.com/, i.e. by:
– Bank card
– Edenred card, Bimpli, Moneo Resto, Digibon, SWILE, Restaurant Pass, Natixis Apetiz, UP Chèque Déjeuner
– G-Pay, Apple-Pay, Samsung-Pay
– Promotional codes
The Customer guarantees to https://www.au-riesling.com/ that he has all the authorizations required to use the chosen means of payment.
https://www.au-riesling.com/ will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the Site.
It is specified in this respect that all payment information provided on the Site is transmitted to the Site’s bank and is not processed on the Site https://www.au-riesling.com/.
Section 7.2. Payment date
In the event of a single payment by credit card, the Customer’s account will be debited as soon as the Product Order is placed on the Site.
If the Customer decides to cancel his Order for unavailable Products, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
Section 7.3. Refusal of payment
If the bank refuses to debit a credit card, the Customer must contact the Customer Service of https://www.au-riesling.com/ in order to pay for the Order by any other means of payment valid and accepted by https://www. .au-riesling.com/.
In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the Customer proves impossible, the Order will be canceled and the sale automatically terminated.
Article 8: Proof and archiving
Any contract concluded with the Customer corresponding to an Order for an amount greater than 120 euros including tax will be archived by the site https://www.au-riesling.com/ for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
AU RIESLING agrees to archive this information in order to monitor transactions and produce a copy of the contract at the Customer’s request.
In the event of a dispute, AU RIESLING will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9: Transfer of ownership
AU RIESLING remains the owner of the Product ordered until full payment by the Customer.
The above provisions do not prevent the transfer to the Customer, at the time of delivery to the Customer or by a third party designated by him, of the risks of loss or damage to the Product subject to the retention of title, as well as the risk of damage they may cause.
Article 10: Delivery
The methods of Delivery of the Products are provided for in the “Delivery Policy”, policy available in Appendix 1 hereof.
Article 11: Withdrawal
The methods of Withdrawal of the Products are provided for in the “Withdrawal Policy”, policy available in Appendix 2 hereof.
Article 12: Warranties
Section 12.1. Compliance Guarantee
Article L. 217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.
Article L.217-5 of the Consumer Code: “The good complies with the contract:
1° If it is specific to the use usually expected of a similar good and, where applicable;
if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted”.
https://www.au-riesling.com/ is likely to respond to defects of conformity existing at the time of delivery and defects of conformity resulting from the packaging, assembly instructions or installation when this has was charged to him or was carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the Product. (Article L.217-12 of the Consumer Code) In the event of a lack of conformity, the Customer may request the replacement or repair of the Product, at its option. However, if the cost of the Customer’s choice is manifestly disproportionate to the other possible option, given the value of the Product or the importance of the defect, https://www.au-riesling.com/ may proceed to a refund, without following the option chosen by the Customer.
In the event that a replacement or repair is impossible, https://www.au-riesling.com/ undertakes to refund the price of the Product within thirty (30) days of receipt of the returned Product and in exchange for the return. of the Product by the Customer at the following address:
https://www.au-riesling.com/ – AU RIESLING 43 Rue Léon Jouhaux – Building n°10 – 78500 Sartrouville.
Finally, the Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four (24) months following the delivery of the Product except for second-hand goods for which this period is set at six ( 6 months. (Article L. 217-7 of the Consumer Code)
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the Product.
Section 12.2. Warranty against hidden defects
https://www.au-riesling.com/ is bound by the guarantee for hidden defects in the Product sold which render it unsuitable for the use for which it is intended, or which reduce this use so much that the Customer does not would not have acquired, or would have paid only a lesser price, if he had known them. (Article 1641 of the Civil Code)
This warranty allows the Customer, who can prove the existence of a hidden defect, to choose between reimbursement of the price of the Product if it is returned, or to keep the Product and have part of the price refunded. (Article 1644 of the Civil Code)
The action resulting from redhibitory defects must be brought by the Customer within two (2) years from the discovery of the defect (paragraph 1 of article 1648 of the Civil Code).
In accordance with the provisions of Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019, certain Products offered for sale being perishable goods, the presumption that the lack of conformity existed at the relevant time to establish conformity could be incompatible with the nature of these goods.
Article 13: Liability
The responsibility of https://www.au-riesling.com/ – AU RIESLING can in no way be held liable in the event of non-performance or poor performance of the contractual obligations attributable to the Customer, in particular when entering his Order.
https://www.au-riesling.com/ – AU RIESLING cannot be held responsible, or considered to have breached these terms, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of French courts and tribunals.
It is also specified that AU RIESLING does not control the websites that are directly or indirectly linked to the Site. Consequently, it excludes all liability for the information published therein. Links to third party websites are provided for informational purposes only and no guarantee is given as to their content.
AU RIESLING cannot be held responsible in the event of the Customer’s allergy to one of the ingredients of the Product which was indicated in a clear and legible manner on the sheet of the said product.
Article 14: Force Majeure
AU RIESLING cannot be held liable if the non-execution or the delay in the execution of one of its obligations described in these General Conditions of Sale results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not have been reasonably foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor.
If the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the aforementioned events, AU RIESLING will endeavor to inform the Customer as soon as possible.
Article 15: Personal data
Any consumer has the possibility to register for free on the BLOCTEL canvassing opposition list https://conso.bloctel.fr/index.php/inscription.php
In accordance with Law No. 2020-901 of July 24, 2020 aimed at regulating cold calling and combating fraudulent calls, any professional reserves the right to canvass a consumer registered on the list of opposition to cold calling when he these are solicitations occurring within the framework of the execution of a contract in progress and having a relationship with the subject of the said contract, including when it is a question of offering the consumer products or services relating to or complementary to the subject of the current contract or of such a nature as to improve its performance or quality.
AU RIESLING collects on the Site https://www.au-riesling.com/ personal data concerning its Customers, in order to manage and monitor accounts and contracts, provide and manage services, manage payment, manage inquiries , manage recruitment, manage requests for rights, ensure the proper functioning and continuous improvement of the Site and its features, and if the Internet user has expressly chosen this option, send him newsletters, unless he no longer wishes receive such communications from https://www.au-riesling.com/.
As such, the Customer is invited to consult the Privacy Policy of AU RIESLING accessible directly on the AU RIESLING website and which will provide him with further information relating to the protection of personal data, the processing carried out via the Site and the procedures for exercising rights.
Article 16: Complaints – Customer service
Any written complaint from the Customer must be sent:
– by mail to the following address: https://www.au-riesling.com/ – AU RIESLING – 43 rue Léon Jouhaux – Building n°10 – 78500 Sartrouville
– by email to: contact@au-riesling.com
Article 17: Validity of the General Conditions of Sale
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions of Sale cannot affect the validity of these General Conditions of Sale. Such a modification or decision in no way authorizes Customers to disregard these General Terms and Conditions of Sale.
All conditions not expressly dealt with herein will be governed in accordance with the usage of the retail sector for individuals, for companies whose registered office is located in France.
Article 19: Modification of the General Conditions of Sale
These General Conditions of Sale apply to all purchases made online on the Site, as long as the Site is available online.
The General Conditions are dated precisely and may be modified and updated by AU RIESLING } at any time. The applicable General Conditions are those in force at the time of the Order.
Changes to the Terms and Conditions will not apply to Products already purchased.
Article 20: Jurisdiction and applicable law
These general conditions as well as the relationship between the customer and AU RIESLING are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to an arbitral or state judge, the Customer is invited to contact AU RIESLING’s Customer Service Department at contact@au-riesling.com in order to resolve the dispute amicably.
If this process fails, the Customer may use the services of a mediation and arbitration center in the Hauts de Seine.
For the referral to a mediation and arbitration center to be admissible, it must include: Your postal, email and telephone details as well as the full name and address of our company, a brief statement of the facts, and proof of the prior steps taken.
In accordance with the rules applicable to mediation, it is recalled that a consumer dispute must be submitted in writing to AU RIESLING Customer Service before any request for mediation with a mediation and arbitration center.
The disputes for which the request is manifestly unfounded or abusive, or have been previously examined or are being examined by another mediator or by a court, or if the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to AU RIESLING or if the dispute does not fall within the scope of the mediator’s competence, or finally if the consumer does not justify having tried, beforehand, to resolve his dispute directly with AU RIESLING by a written complaint according to the aforementioned methods.
The Party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict.
As mediation is not mandatory, the Client or AU RIESLING may withdraw from the process at any time.
In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be entrusted to the competent court designated above.
APPENDIX 1: DELIVERY POLICY
Delivery zone
The Products offered can only be delivered in the Territory, provided that the delivery platform chosen by the Customer agrees to deliver to the address indicated by the Customer. Unless there is a takeover agreement from the delivery platform chosen by the customer, it is impossible to place an order for any delivery address located outside this Territory.
Delivery times & costs
The ordering process for deliveries is fully delegated to the delivery platform chosen by the Customer. During the ordering process, the delivery platform will indicate to the Customer the possible delivery times and formulas for the Products purchased.
The Delivery will be invoiced to the Customer directly by the delivery platform. Its cost (including tax) is variable and depends on the platform selected by the Customer. The amount of these costs will be payable by the Customer in addition to the price of the Products purchased.
Details of deadlines, delivery costs, commissioning costs and any other costs will be indicated to the Customer by the delivery platforms. The Customer will be free to accept or not these conditions.
Delivery Terms
The Customer accepts that his Order can be delivered to the delivery person of his choice so that the latter can carry out the delivery service. The Customer undertakes to receive the Products at the delivery address indicated on the delivery platform, on the day and at the time chosen. In the event of absence or if the Customer is not clearly identifiable at the Delivery address with the information transmitted during the Order, the Customer will be contacted by telephone at the number used to place his Order. If the Customer does not respond, the Order will be lost. The Customer cannot be reimbursed.
Delivery Issues
https://www.au-riesling.com/ is responsible for the Product until the Order is delivered to the deliverer of the delivery platform chosen by the Customer.
APPENDIX 2: WITHDRAWAL POLICY
Principle of Withdrawal
The Products ordered on the Site by the Customer must be collected from the chosen Restaurant.
Withdrawal Zone
The Product may be collected from the Restaurant chosen during the Order process.
Withdrawal times
The Order will be available at the Restaurant at the time chosen by the Customer when placing the Order.
The Customer may come and collect their Order at the chosen Restaurant, at the chosen time.
Withdrawal deadlines
The Order is kept for 1 additional hour from the time chosen.
Withdrawal Terms
The Product will be delivered to the Customer upon provision of the Order number or the QR code provided in the order confirmation email or the Customer’s name used for the Order.
APPENDIX 3: WITHDRAWAL POLICY
In accordance with article L.221-28 of the Consumer Code, it is recalled that the right of withdrawal does not apply to Products sold on the Site which are likely to deteriorate or expire rapidly.
For other Products, the Customer may exercise his right of withdrawal in accordance with the provisions detailed below.
Principle of withdrawal
The Customer has in principle the right to withdraw by returning or returning the Product to https://www.au-riesling.com/ without giving any reason.
For this, the Product must be returned or returned no later than fourteen (14) days following the communication of its decision to withdraw, unless https://www.au-riesling.com/ offers to recover it. -even the Product.
Withdrawal period
The withdrawal period expires fourteen (14) days after the day on which you, or a third party designated by you, takes physical possession of the property.
Notification of the right of withdrawal
To exercise his right of withdrawal, the Customer must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by post, fax or email) to: AU RIESLING – https://www .au-riesling.com/ – 43 rue Léon Jouhaux 78500 SARTROUVILLE or by email at: Email: contact@au-riesling.com
In order for the withdrawal period to be respected, the Customer must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the Customer, AU RIESLING undertakes to reimburse all the sums paid, without unjustified delay, and at the latest within fourteen (14) days from the date on which it is informed of the Customer’s decision to withdraw (Article L.221-24 of the Consumer Code).
Unless it offers to recover the Product itself, AU RIESLING may defer reimbursement until the Product is recovered or until the consumer has provided proof of shipment of the Product, the date retained being that of the first of these facts.
AU RIESLING will make the refund using the same means of payment as the one the Customer used for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not cause costs for the Customer.
Return terms
The Customer must in any event, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return or return the property to AU RIESLING – https://www.au-riesling.com/ – 43 rue Léon Jouhaux – Building n°10 – 78500 SARTROUVILLE.
This deadline is deemed to have been respected if the Customer returns or returns the goods before the expiry of the fourteen (14) day period.
Return fees
The Customer must bear the direct costs of returning the goods.
Condition of the returned item
The Product must be returned following the instructions of https://www.au-riesling.com/ and include in particular all the accessories delivered. The Product must not be unsealed.
The Customer’s liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this Product. In other words, the Customer has the possibility of testing the Product but his responsibility may be engaged if he carries out manipulations other than those which are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is notably excluded in the following cases:
– Supply of goods likely to deteriorate or expire rapidly
– Supplies of goods which have been unsealed by the consumer after delivery or collection, and which cannot be returned for reasons of hygiene or health protection
Last Updated: February 10, 2022 .
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