These conditions of sale are concluded between, on the one hand, the company Brasserie Distillerie du Mont Blanc SA, with a capital of €514,225, whose headquarters are located at 15, place de la mairie 74310 Les Houches, registered in the Annecy Trade and Company Register under number RCS B 421 312 505, hereinafter referred to as "Distillerie du Mont Blanc” and managing the Whisky Mont Blanc 4810 website (whisky-montblanc.com) and, on the other hand, any natural person or legal entity wishing to make a purchase through the Whisky Mont Blanc 4810 website (whisky-montblanc.com), hereinafter referred to as “the purchaser”.
Article 1. Subject
These conditions of sale aim to define the contractual relationship between the Distillerie du Mont Blanc and the purchaser and the conditions that apply to any purchase made through the Whisky Mont Blanc 4810 website (whisky-montblanc.com). The acquisition of a product through this site implies a general acceptance by the purchaser of these conditions of sale which the purchaser acknowledges that they have read prior to ordering. Prior to any transaction, the purchaser declares, on the one hand, that the purchase of products on the Whisky Mont Blanc 4810 website (whisky-montblanc.com) is not directly related to their professional activity and is limited to strictly personal use and, on the other hand, that they have full legal capacity, allowing them to commit to these general conditions of sale.
The Distillerie du Mont Blanc company reserves the right to amend these general conditions of sale at any time, in order to comply with any new regulations, or in order to improve the use of its site. As such, the applicable conditions will be those in force on the date of the purchaser’s order.
Article 2. Products
The products offered are those listed on the Whisky Mont Blanc 4810 website (whisky-montblanc.com) of the Distillerie du Mont Blanc company, within the limits of available stock. Distillerie du Mont Blanc reserves the right to modify the selection of products at any time. Each product is presented on the website in the form of a description of its main technical specifications (capacity, use, ingredients, etc.). The photographs are as faithful a representation as possible but are not binding on the Seller. The sale of the products listed on the Whisky Mont Blanc 4810 website (whisky-montblanc.com) is intended for all purchasers residing in the following countries: Metropolitan France and French overseas departments and territories, European Union, United Kingdom, Switzerland, Norway, United States, South Korea, Japan, Taiwan, Australia and New Zealand.
Article 3. Pricing
The prices listed on the product sheets are displayed in Euros (€) and exclude taxes (excl. VAT). VAT shall be paid before delivery of the Whisky, when it is aged, i.e. from the end of 2020, and the amount shall be that applicable on the day of the order (for Metropolitan France only). Any change in the rate of VAT may be reflected in the price of the products. Distillerie du Mont Blanc reserves the right to change its prices at any time, it being understood that that the price listed in the catalogue on the day of the order will be the only one applicable to the purchaser.
Delivery is included in the price.
Article 4. Ordering and payment methods
Prior to placing any order, the purchase must create an account on the Whisky Mont Blanc 4810 website (whisky-montblanc.com). The account creation section can be accessed directly from the sidebar menu. On each visit, if the purchaser wishes to place an order or view their account (order statuses, profile, etc.), they will have to identify themselves using this information. The purchaser orders and pays for their products in several steps, with the option of secure payment by credit card only.
The products for sale on the Whisky Mont Blanc 4810 website (whisky-montblanc.com) are limited to a maximum of one per person. The limitation is made through the IP address, the customer account is the website, the orders already proceeded and the orders amounts.
Ordering whisky “en primeur” shall entail the payment of a deposit of the total amount of the price, excluding taxes. Upon confirmation of the order with payment, the purchaser shall receive a receipted pro forma invoice (excluding taxes), via email. This pro forma invoice shall serve as a certificate of reservation.
Once the Whisky is available from the end of 2020, the purchaser will receive an email advising them that the Whisky is available. This email will include a link whose purpose is:
- To give again the delivery address.
If the purchaser has given their delivery address and has not paid the balance of their invoice (VAT) three months after the Whisky has become available, the seller reserves the right to cancel the reservation and refund the purchaser for the entire order, minus the price and the delivery cost of the 6 Mont Blanc granite whisky stones.
Secure payment by credit card (via the Banque Populaire SystemPay system): the purchaser selects the products they wish to order from their “basket”, making changes if necessary, verifies the delivery address or enters a new one (the shipping costs are already included) as well as the name of the courier. Next, the purchaser is informed that the method of payment is by credit card. The next step requires the purchaser to verify all of the information, read and accept these general conditions of sale by ticking the relevant box, and then confirm their order by clicking on the button “Confirm my order". Finally, the purchaser is redirected to the secure Banque Populaire SystemPay interface where they can enter their credit card details safely. The purchaser is then invited to make their payment secure with the 3D Secure system. If the payment is accepted, the order is placed and the contract is definitively concluded. The credit card payment is irrevocable. In the event of fraudulent use of the card, the purchaser may demand that the card payment is cancelled, and the sums paid will then be re-credited or returned. The cardholder will not be held responsible if it can be proven that the payment was made fraudulently and remotely, without physical use of the card. In order to obtain a refund of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must write to their bank to contest the charge, within a deadline which depends on the banking organisation and the applicable regulations. The sums collected shall be reimbursed by the bank after receipt of the written claim by the cardholder. No fees for the return of the sums may be charged to the cardholder.
The confirmation of an order implies acceptance of these conditions of sale, acknowledgement and full awareness of them and the relinquishment of one's own purchase conditions. All data provided and the recorded confirmation serve as proof of the transaction. If the purchaser has an email address and has provided this on the purchase order, Distillerie du Mont Blanc will send them confirmation of the registration of their order by email.
If the purchaser wishes to contact Distillerie du Mont Blanc, they can do so by post by writing to Brasserie Distillerie du Mont Blanc, 128 avenue René Cassin, 73290 La Motte-Servolex, France; by email at: contact [ at ] whisky-montblanc.com; by telephone on +33(0)485 860 070.
Article 5. Retention of ownership
The Distillerie du Mont Blanc company retains full ownership of the products sold until the payment has been received in full, in principal, including taxes.
Article 6. Cancellation
Pursuant to article L121-20 of the French Consumer Code, and under the exception in point 7 of article L.121-21-8 of the French Consumer Code (supply of alcoholic beverages where delivery is deferred beyond thirty days and whose value, which is agreed at the conclusion of the contract, depends on fluctuations in the market beyond the control of the trader), there is no right of cancellation with regards to contracts for the sale of whisky “en primeur”.
However, the purchaser has a withdrawal period of fourteen working days from the delivery of the 6 Mont Blanc granite whisky stones to exercise their right of cancellation and thus return the product to the seller for an exchange or refund, without penalty, except for the return postage expenses.
Article 7. Delivery
Deliveries are made to the address indicated on the purchase order, which can only be in the agreed geographical area. Orders are delivered by Chronopost, express delivery with tracking and signature. Delivery times are only given as an indication. The courier, Chronopost, can provide the purchaser with a parcel tracking number by email. Chronopost delivers the parcel to the purchaser’s home, or to another location of their choosing, the address of which they communicate to Chronopost. In the event that the purchaser is not present, they will receive a delivery notice, which will allow them to collect the products ordered from their nearest post office, within a period specified by the postal services. Transport-related risks are covered by Chronopost’s insurance. The purchaser is required to check the state of the packaging of the goods and its contents upon delivery in the presence of a post office employee or delivery person. In the event of damage during transport, any complaint should be lodged with the courier within a reasonable time.
Article 8. Legal information
Pursuant to order N° 59-107 of 7 January 1959, the sale of alcohol to minors under the age of 18 is prohibited. The purchaser therefore declares that they are at least 18 years of age at the time of the order.
Article 9. Guarantee
All products supplied by Distillerie du Mont Blanc are covered by the legal guarantee provided by articles 1641 et seq. of the Civil Code. In the event of nonconformity of a product sold, it can be returned to Distillerie du Mont Blanc who will take it back, refund or exchange it. All claims and requests for exchanges or refunds must be made by post to the following address: Brasserie Distillerie du Mont Blanc, 128 avenue René Cassin, 73290 La Motte-Servolex, France, within a period of thirty days from delivery.
Article 10. Responsibility
The company Distillerie du Mont Blanc, in the mail-order sales process, only has a best-efforts obligation. Its liability does not extend to damages resulting from the use of the internet such as data loss, intrusion, viruses, breaks in service, or other unintended problems.
Article 11. Intellectual property
All of the elements of the Whisky Mont Blanc 4810 website (whisky-montblanc.com) are and remain the exclusive intellectual property of the Distillerie du Mont Blanc company. Nobody is allowed to reproduce, exploit or use for any purpose whatsoever, even partially, elements of the site, whether in the form of photos, logos, images or text.
Article 12. Management of customer data
The purchaser can modify their personal data in their customer account on the Whisky Mont Blanc 4810 site (whisky-montblanc.com).
Right to be forgotten: customer data is kept for a period of time needed to ensure proper management of the commercial relationship, i.e. until the date of delivery of the product. Thereafter, data may be kept for up to a maximum of 3 years. The purchaser may have their data erased whenever they wish by sending a customer account deletion request email to the following address: contact [ at ] whisky-montblanc.com
Article 12. Dispute resolution
These conditions of distance selling are subject to French law. For any disputes or litigation, Chambéry shall be the competent court.