Version 1.00 - last modification: September 15, 2021

1. INFORMATION ON THE COMPANY

These General Conditions of Sale (hereafter: "GTC") are those of the limited liability company VICENTE & FILS S.à rl, established and having its registered office at L-8353 Garnich, 70, rue de l'Ecole , registered in the Luxembourg trade and companies register under number B23011, hereinafter “the Company”. The Company specializes in the import and distribution of food and wine products originating in Spain. The Company can be reached by mail at its registered office address and by email (info@vinosvicente.lu).

2. OBJECT

The GTCS are applicable in their entirety for any order and sale placed between the Company and the Customer, regardless of the place of delivery or the place of performance of the obligation or service. The GTCs applicable to the sale of products are those in force on the date the order is placed. The Company reserves the right to modify the GTC at any time. All orders and sales will be subject to the latest version of the GTC. The Customer acknowledges having previously obtained all the necessary information and acknowledges having been advised by the Company before placing an order for the products offered by the Company. The T & Cs are also available on the Company's website (https://www.vinosvicente.lu/cgv).

3. OFFERS, ORDERS AND EXECUTION

Product offers are valid while stocks last. Any order placed by the Customer with the Company is firm and final for the Customer upon receipt by the Company of the order form or any other medium indicating an order, subject to the provisions of Article 5 of the GTCS. The information given by the Customer when ordering is binding. The Company cannot be held responsible for the impossibility of delivering the orders in the event of an error by the Customer in the wording of his contact details. The Customer can place an order by mail, email (info@vinosvicente.lu) and fax (+352 26 43 06 52), by sending his order form duly completed, dated and signed. The signing of the order form constitutes acceptance of these GTC. The Customer can finally place an order from the Company's website (https://www.vinosvicente.lu). The creation of a customer account is possible, but not compulsory. When ordering, the Customer accepts the GTC by clicking on the box provided for this purpose and validates his order. This click is equivalent to adherence to the GTC, in accordance with article 1322-1 of the Civil Code.

4. PRICES, INVOICING AND CLAIMS

The prices of the products and services sold by the Company are those in effect on the day the order is taken. Prices are inclusive of VAT unless otherwise stated. The Company reserves the right to adjust the prices at any time. However, it undertakes to invoice the goods and products at the prices indicated when the order is registered.
Invoices issued to professionals are payable within a week (8 days) from the date of delivery. No discount will be granted in the event of early payment.
Invoices issued to individuals are payable in cash and before any order processing.
Unpaid invoices on their due date bear conventional interest at a rate of 5% per month of delay, without prior notice.
Any complaint must be addressed in writing to the Company. Any complaint concerning perishable products must be made within 48 hours and for non-perishable goods within 8 days.
Payment on the Company's website is made either by credit card through the secure PayPal platform or through the DIGICASH by Payconiq portal. The collections are then managed by the limited partnership by shares PAYPAL (EUROPE) SA RL ET CIE, SCA, established and having its registered office at L-2449 Luxembourg, 22-24 Boulevard Royal or by the limited company PAYCONIQ INTERNATIONAL SA, established and having its registered office at L-1839 Luxembourg, 9-11 rue Joseph Junck, which process credit card data securely in their data centers. Only the non-sensitive personal data constituting the payment ticket will be transmitted to us.

5. RIGHT OF WITHDRAWAL AND REFUND

The Consumer Client within the meaning of article L.010-1 of the Consumer Code may exercise his right of withdrawal for distance contracts within a period of fourteen (14) calendar days from the date of receipt by the consumer Client. of the product ordered on the Company's website.
The supply of products which due to their nature are likely to deteriorate or expire quickly do not have a legal right of withdrawal in accordance with Article L. 222-9 (7) d) of the Consumer Code.
To exercise his right of withdrawal for distance contracts, the Consumer Client must notify the Company of his intention to withdraw within the aforementioned period. He may address the Company in writing, either by mail to the Company's registered office, or by email (info@vinosvicente.lu).
The consumer Customer has a period of fourteen (14) calendar days from the notification of the right of withdrawal to the Company to return the products at his expense and under his responsibility. To be eligible for a refund, products purchased must be returned in the original packaging and in a condition that could reasonably be expected. In the event of deterioration attributable to the consumer Client or in the event of modification by the consumer Client, the Company reserves the right to refuse the consumer Client's right of withdrawal or to reduce the amount reimbursed at a flat rate.

6. TERMS AND CONDITIONS OF DELIVERY

Delivery is made either by direct delivery of the goods to the Customer, or by post. Delivery is made at home or at any other address that the Customer provides to the Company. The data provided by the Customer is binding on the latter. The Company cannot be held responsible for the impossibility of delivering the orders in the event of an error by the Customer in the wording of his contact details. The risk of transporting the goods is borne by the Customer.
Delivery times vary from product to product and country to country. Approximate delivery is estimated between 2 and 6 working days. The delivery costs are exclusively the responsibility of the customer. More details are available on the Company's website (https://www.vinosvicente.lu/informations-livraisons).
Any delay of a reasonable duration in the delivery of the goods cannot give rise to the award of damages and / or the cancellation of the order. The Company undertakes to communicate to the Customer any considerable delay in the delivery of the goods.

7. PRODUCT COMPLIANCE

The Company is liable for any lack of conformity of the products sold under the conditions provided for in writing. Any complaint made by the Customer under the legal guarantee of conformity or the guarantee against hidden defects must be addressed in writing to the Company.

8. RETENTION OF OWNERSHIP CLAUSE

The goods remain the property of the Company until full payment of the price agreed between the parties.

9. FORCE MAJEURE

The Company cannot be held liable if the non-performance or delay in the performance of its obligations described in these T & Cs results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Luxembourg Civil Code.

10. DATA PROTECTION

The information collected by the Company in the performance of its obligations will be subject to computer processing. In accordance with Regulation (EU) n ° 2016/679 of the European Parliament and of the Council, the Customer has a right of access, a right of rectification, a right to erasure, as well as a right the limitation of processing, which he can exercise by contacting the Company.
The Company undertakes to process personal data in a lawful, fair and transparent manner with regard to the data subject. They are collected only for specific purposes, in this case for the performance of the Company's obligations. Personal data may not be processed subsequently for another purpose, except for the Customer to be informed thereof and to have previously obtained his consent.

11. NULLITIES

The invalidity of a clause or part of a clause of the GTC will not result in the invalidity of all of these. The invalidity of such a clause or part of such a clause will be replaced as far as possible by another valid equivalent clause.

12. SETTLEMENT OF DISPUTES

In the absence of an amicable settlement, any dispute relating to the validity, interpretation or execution of contractual relations between the parties will fall under the exclusive jurisdiction of the courts of the city of Luxembourg and Luxembourg law will apply.