TERMS AND CONDITIONS OF SALE

Alcohol abuse is dangerous for health. Consume in moderation.
The sale of alcohol to minors under 18 is prohibited.

Preamble

This website https://domaine-mia.com is published by the company NSG VINS - owner of the Domaine MIA and its wines - 6 rue de Chaux - 21700 Nuits-St-Georges - RCS Dijon 391 539 756 SA Capital of € 8,259,144.00 - VAT No. Intra FR 11 391 539 756
E-mail: contact (at) domaine-mia.com - Tel: 03 80 62 43 10.

Article 1: Scope

These General Conditions of Sale apply to all orders placed through the website https://domaine-mia.com/ and this regardless of the clauses that may appear on the buyer's documents.
The Customer while ordering products acknowledges having read these Terms and Conditions of Sale and accept the terms. In a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company is headquartered would apply. The company reserves the right to adapt or modify the Terms and Conditions at any time. In the event of a modification, only the agreement in effect on the date of the order will apply.

Article 2: Orders

DOMAINE MIA/NSG VINS undertakes to accept orders placed under the terms of these General Conditions of Sale and within the limits of available stocks.
In case of out of stock, DOMAINE MIA/NSG VINS undertakes to communicate the necessary lead times to obtain the desired product or to propose a replacement product. DOMAINE MIA/NSG VINS will honor each order by making one or more deliveries of the products ordered.
By validating his order, the Customer declares to have read and accept these Terms and Conditions.The preparation and shipping of an order can be implemented after receipt of payment. An invoice will be sent by email as soon as the order is shipped.
DOMAINE MIA/NSG VINS reserves the right to cancel all non-compliant or doubtful orders, as well as those resulting from a Customer with whom there is any dispute.

Article 3: Price

Prices quoted inclusive of VAT are inclusive of all taxes (applicable VAT, excise and all other applicable taxes on the day of the conclusion of the order, any change may be reflected in the price of products).
In case of delivery outside Metropolitan France, the prices shown are VAT included (VAT included) and are supplemented with excise duties and other taxes of the country of the Customer (and all other applicable taxes on the day of the conclusion of the order, all change that may be reflected in the price of the products), as well as administrative management fees for customs formalities.
Product prices may change at any time depending on the pricing policy of DOMAINE MIA/NSG VINSThe products ordered are invoiced at the price in effect at the time of the order's registration.
Product offers and prices are valid only as long as they are visible on the site and within the limits of available stocks.
Prices shown are net and excluding postage. The shipping costs may vary depending on the number of products ordered and the country of shipment.

Article 4: Validity of offers

Products and promotional offers are offered within the limits of available stocks.
DOMAINE MIA/NSG VINS cannot be held responsible for a possible shortage of stock which would lead to a delay in the delivery of the order.
In case of unavailability of one or more products after the validation of the order, DOMAINE MIA/NSG VINS undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer, DOMAINE MIA/NSG VINS may modify the order or reimburse the unavailable product (s) by crediting the credit card used for the order.

Article 5: Delivery

DOMAINE MIA/NSG VINS livre en France Métropolitaine, Corse, Suisse et en Europe pour laquelle des formalités douanières sont nécessaires. Les frais de port sont automatiquement calculés sur notre site suivant la destination de la commande et la quantité de produits commandés.
Deliveries for any other destination must be subject to a specific quote.
The delivery time of the orders is 3 to 5 working days for Metropolitan France after the reception of the payment. In non-working days are included Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the confirmation of the order received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer.
Le Client est tenu de vérifier attentivement ses colis à leur livraison afin d’émettre immédiatement d’éventuelles réserves auprès du transporteur. Aucune réclamation ne pourra être jugée recevable si le Customer accepted without reserve his parcels during their delivery.
Any error or modification made by the Customer in any current delivery order will result in an extension of the expected delivery time. Additional costs will be borne by the Customer

Article 6: Retractation

In application of the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of fourteen clear days from the delivery of his order to return the item delivered for exchange or refund, at the choice of the Customer, without penalties, with the exception of return costs.
Pursuant to article L. 221-28 of the Consumer Code, the Customer is informed that the right of withdrawal can not be exercised for certain contracts.
The notification of the will of retraction can be done by the form made available on our site or with our Customer Service Customer by mail or by telephone (see the page Contacts for the coordinates)
DOMAINE MIA/NSG VINS undertakes to reimburse the Customer within a maximum period of fourteen days after notification of the withdrawal and subject to the return of the products. The costs of returning the product remain the responsibility of the Customer.

Returns should be sent to the address:
SITEC FOR DOMAIN MIA / NSG VINS
4, rue Gustave Eiffel
21700 Nuits-St-Georges

Transports general conditions:

UPS : https://www.ups.com/fr/fr/support/shipping-support/legal-terms-conditions.page

Article 7: Payment

Any order implies a payment defined according to the methods and means specified in the ordering process.
Payments by credit card are made via a secure online payment service.
DOMAINE MIA/NSG VINS never has access to the bank details of Customers.
A payment order made by credit card can not be canceled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice to the Customer to exercise his right of withdrawal or subsequent cancellation of the order.

Article 8: Retention of title

In accordance with the law of May 1, 1980, the products delivered to the Customer are sold under retention of title. The transfer of ownership is subject to the total payment of the price of the products by the Customer, at the deadline agreed between the parties. In the event of non-payment of the total price of the goods by the agreed deadline, DOMAINE MIA/NSG VINS may claim ownership of the goods. products at the expense and risk of the Customer.

Article 9: Personal Data

All data provided during your visits of the Customers on https://domaine-mia.com/shop/ are strictly confidential. No data or personal details of Customers will be sold or rented to anyone without their prior consent. The personal data of the customers will be used by DOMAINE MIA/NSG VINS for the treatment of the orders and, if necessary in order to contact them on information exclusively relating to our services: accounting, control and selection of credit card or other card of payment, analyzes marketing and statistics, testing, maintenance and system development, customer surveys, Customersimproving our future communications, and better identification of customer needs and preferences. Customers. While registered on https://domaine-mia.com/, the Customer will be able to access the "My Account" page and modify his personal data.
DOMAINE MIA/NSG VINS may collect, store, use the following data: name, email address, physical address, date of birth and sometimes delivery information, billing or other information related to the order.
In application of the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify and delete data concerning him. the Customer can exercise this right by sending a letter to the Customer Service Customer (see Contact page for contact details)
Le traitement automatisé d’informations nominatives sur le site https://domaine-mia.com/ a été déclaré auprès de la Commission Nationale de l’Informatique et des Libertés.

Article 10: Use of cookies

DOMAINE MIA/NSG VINS uses the use of cookies, in particular to recognize the Customer when connecting to the site https://domaine-mia.com as well as for functional and analytical purposes and to improve its services. Cookies are small files stored on the computer of the Customer by his browser when he visits a website.
The Customer has the option to disable the use of these cookies by selecting the appropriate settings on their computer. However, this deactivation will have the consequence of preventing access to certain features of the site.

Article 11: Guarantees

DOMAINE MIA/NSG VINS is bound by the legal guarantee against hidden defects, within the meaning of article 1641 and following of the Civil Code: "The seller is bound by the guarantee for the hidden defects of the thing which make it unfit for the use of which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them ”. As a result, the Customer has up to 2 months after the delivery date to send a complaint to DOMAINE MIA/NSG VINS. Beyond this deadline, the DOMAINE MIA/NSG VINS company will no longer be able to guarantee the products and the Customer will have to prove that their possible alteration is prior to their receipt.
The products benefit from the legal guarantee of conformity envisaged by articles L217-4 and following of the Code of the Consumption.
It is recalled that the Customer :
- Benefit from a period of two years from the delivery of the property to act;
- Can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- Is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The Customer wishing to invoke the legal guarantee of conformity must inform DOMAINE MIA/NSG VINS. If the reasons for the return are valid, the Products concerned returned to the address mentioned in article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. Delivery costs as well as return costs will be reimbursed.
The refund of the Product (s) returned will be made by crediting the bank account linked to the credit card used to pay the order.
The redemption date may be deferred until the effective date of receipt of the Product (s) at the above address.

Article 12: Liability

All texts and photos presented are for information purposes only and are in no way contractual. DOMAINE MIA/NSG VINS reserves the right to make changes on its website, its procedures and these Terms and Conditions. The Customer is subject to the General Conditions of Sale in force at the time of the passage of his order. DOMAINE MIA/NSG VINS can not be held responsible, or considered as having failed these conditions, for any delay or non-performance, when the cause of the delay or the non-performance is related to a case of force majeure as it is defined by the French courts and tribunals.

Article 13: Applicable Law

The language of this contract is French. All the clauses of these General Conditions of Sale, all transactions and purchase operations carried out from the site https://domaine-mia.com/shop/ as well as by mail and by telephone are governed by French law and law. . Any dispute that has not found an amicable agreement will be the responsibility of the Courts of the registered office of the Company. DOMAINE MIA/NSG VINS or the court of the department chosen by the Customer.

Article 14: Protection of minors

In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Customer agrees to be 18 years old by placing an order on the site https://domaine-mia.com.
Main applicable texts
Article L217-4 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.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Article L217-5 of the Consumer Code
"The good is in accordance with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if 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 between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods”.
Article L221-28 of the Consumer Code
“The right of withdrawal cannot be exercised for contracts (…):
7 ° The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional (…) ”.
Article 1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them ”.
Article L3342-1 Public Health Code
“The sale of alcoholic beverages to minors is prohibited. The offer of these drinks free of charge to minors is also prohibited in drinking establishments and all shops or public places. The person delivering the drink demands customer that he establishes proof of his majority (…) ”. Alcohol abuse is dangerous for health. Consume in moderation.