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Terms & conditions of sale in France and abroad

Table of Contents

IMPORTANT: This document is intended to provide an indication of the contents of our Terms and Conditions. This is not a translation of the full Terms and Conditions which are available in French on our website www.ma-cave-a-vin.fr. Only the Terms and Conditions published in French are binding.

1    OWNERSHIP & ETHICS OF WEBSITE

  • 1.1    Site Ownership
  • 1.2    Ethics
  • 1.3    Confidentiality

2    ACCEPTANCE OF THE TERMS AND CONDITIONS

3    PRODUCTS

  • 3.1    Characteristics
  • 3.2    Availability of products
  • 3.3    Gift Vouchers

4    CONFIRMATION OF ORDERS

  • 4.1 Confirmation of internet orders
  • 4.2 Confirmation of trade fair and exhibition orders

5    PRICE

6    TERMS & CONDITIONS OF PAYMENT for Private Individuals

  • 6.1    Within France
    • 6.1.1    Debit Card: 100% Secured Payment
    • 6.1.2    American Express Card
    • 6.1.3    PayPal
    • 6.1.4    Bank Transfer
    • 6.1.5    Cheque
    • 6.1.6    Postal Money Order
    • 6.1.7   Payment via SOFINCO
  • 6.2    Abroad
    • 6.2.1    Debit Card: 100% Secured Payment
    • 6.2.2    American Express Card
    • 6.2.3    PayPal
    • 6.2.4    Bank Transfer

7    TERMS & CONDITIONS OF PAYMENT for Professionals

  • 7.1    Within France
    • 7.1.1    Debit Card: 100% Secured Payment
    • 7.1.2    American Express Card
    • 7.1.3    PayPal
    • 7.1.4    Bank Transfer
    • 7.1.5    Cheque
    • 7.1.6    Postal Money Order
    • 7.1.7    Financial leasing
  • 7.2    Abroad
    • 7.2.1    Debit Card: 100% Secured Payment
    • 7.2.2    American Express Card
    • 7.2.3    PayPal
    • 7.2.4    Bank Transfer
    • 7.2.5    Letter of Credit (irrevocable)

8    TERMS OF DELIVERY - LEAD TIME - RECEPTION

  • 8.1    Delivery Countries
  • 8.2    Delivery Charges
  • 8.3    Delivery with appointment
  • 8.4    Delivery address and accessibility
  • 8.5    Conditions of delivery for orders under 30 kg
    • 8.5.1    Conditions of delivery
    • 8.5.2    Important instructions for the delivery of your order
    • 8.5.3    Shipping and order receipt instructions
    • 8.5.4    Special order receipt instructions abroad
    • 8.5.5    Second delivery
    • 8.5.6    Collection of your order at a Collection Point
  • 8.6    Conditions of delivery for orders above 30 kg
    • 8.6.1    Conditions of delivery
    • 8.6.2    Important instructions for the delivery of your order
    • 8.6.3    Shipping and order receipt instructions
    • 8.6.4    Special order receipt instructions abroad
    • 8.6.5    Second delivery
  • 8.7    Conditions of delivery and home installation by 2 or 4 people
    • 8.7.1    Conditions of delivery
    • 8.7.2    Shipping and order receipt instructions
    • 8.7.3    Second delivery

9    TERMS OF RETURN OF MERCHANDISE

  • 9.1    Right of withdrawal
    • 9.1.1    Private Individuals in France
    • 9.1.2    Private individuals in France, at trade fairs and exhibitions
    • 9.1.3    Professionals in France
    • 9.1.4    Overseas Customers
  • 9.2    Return further to a-non-compliance of the delivered product
  • 9.3    Return further to a delivery error
  • 9.4    The ordered product does not operate at start-up
  • 9.5    Client does not live at the given address
  • 9.6    On the grounds of « refused due to damaged goods »
  • 9.7    On the grounds of « refused » without a valid reason

10    WARRANTY AND LIABILITY

  • 10.1    Limit of liability
  • 10.2    Product under Manufacturer's warranty (Parts or Parts, Labour, Travel)
    • 10.2.1    In France
    • 10.2.2    Abroad
  • 10.3    Product under the « Peace of Mind » warranty (Parts, Labour, Travel)
    • 10.3.1    In France
    • 10.3.2    Belgium, Luxembourg, Monaco, United Kingdom
    • 10.3.3    Rest of the World
  • 10.4    Products guaranteed 1 year: parts, labour, travel, return to factory
  • 10.5    Warranty conditions
  • 10.6    Total Loss - Depreciation of the product
  • 10.7    Exclusion of warranty: ten-year warranty

11    DISPUTE

12    RETENTION OF TITLE CLAUSE

 

1. OWNERSHIP & ETHICS OF WEBSITE

Preamble

These Terms and Conditions (Ts & Cs) govern the rights and obligations of the parties in relation to purchases made on line via the internet site www.my-wine-cabinet.com. The customer acknowledges having knowledge of, and fully accepts these Ts & Cs. Acilyon accepts no responsibility if the purchase is made on line by a minor. Any order made via the site is deemed to have been placed with the prior and full acceptance of the Ts & Cs by the customer. Acilyon reserves the right to amend at any time these Ts & Cs by publishing a new version on the website. The prevailing Ts & Cs are those which were in force at the time the order was submitted by the customer. 

1.1. Site ownership

The website www.my-wine-cabinet.com is the property of ACILYON whose headquarters are at 150 Rue Paul Bert 69003 Lyon - France - SIRET: 452 947 RCS Lyon B 385.0003 8 - VAT Reg FR13 452 945 385.

1.2. Ethics

The company ACILYON, owner of the site www.my-wine-cabinet.com, is a member of the French body FEVAD (Fédération du E-commerce et de la Vente A Distance). The company is committed to respecting the general principles and rules set by FEVAD’s codes and charters.

1.3. Confidentiality

The personal and confidential data given when you create an account and place your order on www.my-wine-cabinet.com are exclusively reserved for the administration of your order. This data will not be given or rented to a third party.

In accordance with the Freedom of Information law of 6 January 1978 (modified), you have at your disposal any right to access, change or dispute your own personal data. To do so, please contact our freedoms and computer correspondent, Mr. Philippe Rodriguez, by email at the following address: [email protected].

2. ACCEPTANCE OF THE TERMS AND CONDITIONS

The Customer is aware of the terms and conditions of sale appearing on this site and agrees to fully adhere to them. ACILYON reserves the right to change the terms and conditions of sale at any time. In case of modification, the terms and conditions of sale in force at the date that the order is placed will be applied to that order.

3. PRODUCTS

3.1. Characteristics

The products offered on the site www.my-wine-cabinet.com, property of ACILYON, are wine cabinets, accessories from the world of wine and accessories around humidors, delicatessen, chocolate and cheese cabinets, air conditioners for cellars, mini-bars, wine storage solutions, cases of wine and champagne. The products offered comply with the provisions of French legislation. All brands mentioned on this site are the registered trademarks of their respective owners.

Photographic images of the products are intended for illustrative purposes only and are not binding. It is also possible that the customer’s perception of products seen is different from that of products received. This is a result of digitised images being accessed via the internet.

Information is provided by the manufacturers and may contain misstatements in respect of technical details or typographical errors. This information is non-binding and may be amended without notice.

ACILYON disclaims all liability as far as the use or content of the products ordered is concerned.

3.2. Availability of products

Offers are valid while stocks last. If one or more of our products are temporarily out of stock, we will hold back all the products in your order until we can deliver your entire order. The majority of our products are kept in stock (see instructions on the Product Listings), but in the event of non-availability and for specialist or customised products, the average production period will be written on the Product Listings. ACILYON cannot be held responsible for the unavailability of products due to the fault of their manufacturers, who may modify the specification and production of their products without prior notice.

In accordance with the conditions laid down in articles L138-2 and L132-3 of the French Consumer Code, in the event of the non-availability of the product or service, the consumer has the right to exercise their right to cancel and to be reimbursed for the amount of the goods or services ordered.  (See paragraph 9.1)

3.3. Gift Vouchers

You will find below the terms of use of the Gift Vouchers. These conditions are applicable only for gift vouchers which use a 12 character promotional code.

  • Gift vouchers are only valid on the site www.my-wine-cabinet.com and can never be used on any other site that is accessible through ours. They are only valid for orders placed using our shopping cart.
  • The site www.my-wine-cabinet.com only accepts gift vouchers that we have issued.
  • Gift vouchers are valid on all products offered by the site www.my-wine-cabinet.com. However, they cannot be used to pay the shipping costs of an order.
  • Gift vouchers can only be used once, and cannot be combined with another promotional offer.
  • If the amount of the order exceeds the amount of the gift voucher, it is for the user to settle the difference using a means of payment offered by the site. If the order amount is less than the value of the voucher, the difference is not refunded.
  • Gift vouchers are not applicable to orders being processed or that have been processed (accepted and validated).
  • Gift vouchers are valid for a period of 6 months from the date of order. Once expired, they cannot be fully or partially refunded, neither can the validity date be extended. The value is permanently lost.
  • Gift vouchers cannot be redeemed against cash.
  • All of the general terms and conditions of the site apply to gift vouchers.
  • If you give a gift voucher to a minor, it is your responsibility to ensure that they will use it to buy a product that they have the required legal age to purchase.
  • Gift vouchers cannot be sold, returned or exchanged.
  • Gift vouchers are not refundable, whether lost, stolen, damaged, destroyed or they have expired.
  • The gift voucher code is communicated to the person who has purchased it. My Wine Cabinet will therefore not be responsible if this code has been used by someone else.
  • The gift voucher is a unique promotional code. It may be reproduced or used fraudulently. If this is the case, the company ACILYON reserves the right to cancel the order and initiate legal action.
  • The person owning the gift voucher is responsible of its use. He promises not to divulge his promotional code on the Internet at risk of being forbidden to use the gift voucher. If a third party uses the gift voucher, ACILYON reserves the right to cancel the order.

 

4. CONFIRMATION OF ORDERS

4.1    Confirmation of internet orders

The finalisation of the order can be made:

  • Online at www.my-wine-cabinet.com
  • By phone - call us on 04.26.03.05.45 Monday to Friday from 9:00 to 13:00 & from 14:00 to 18:00 (Paris time) except for public holidays.

Having checked the contents of the order in the ”Shopping Basket”, by clicking on the “Confirm Order” button during the final part of the order process and checking the box “I have read and fully accept the my-wine-cabinet.com Terms and Conditions”, the customer confirms they have accepted these Terms and Conditions in full. 

ACILYON reserves the right to accept or cancel, also to restrict the order for any reason including, but not limited to: suspicious or unknown invoicing and delivery address, unreachable phone number, incorrect email address, invalidity of a bank operation, error in the name of a product, price or description. In the event of the order being cancelled where the customer has already made payment, ACILYON will provide a full and immediate refund. We protect your confidentiality and respect the legislation related to online purchase in every country in which we operate.

The sale will not be finalised until the CLIENT accepts the order and ACILYON confirms receipt of payment. ACILYON reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order. The information provided by the buyer when placing an order is a commitment. In case of error in the recipient's details, the seller cannot be held responsible for failure to deliver the product. Your signature will ensure the safe receipt of your package. The customer acknowledges that they are over 18 and authorised to order from our site.

Every order placed on www.my-wine-cabinet.com can be subjected to checking and a provisional acceptance. As part of our online secure transaction programme, ACILYON's financial department reserves the right to contact you before processing your order to ask you for some substantiating documents (Example: a copy of your National ID card or Passport, a copy of the front and back of your payment card, a proof of address less than 3 months old, a copy of your company registration certificate if Professional, etc.)

4.2    Confirmation of trade fair and exhibition orders

For orders placed at exhibitions and at trade fairs, the order form signed by the customer is immediately binding. Orders placed at trade fairs and exhibitions are not subject to a 14 day cooling off period and are fully binding from the moment the order is signed.

5. PRICE

The currency of reference for payment is the euro. The prices of the products displayed on the site correspond to current rates. These prices are charged in euros on the basis of the rates in effect at the time of order, subject to possible data entry or change in the rate of VAT. The VAT rate is currently 20 %. Prices are shown with and without tax. Invoices are issued by ACILYON following the prices set on the site www.my-wine-cabinet.com and are confirmed by email at the time of order confirmation. A crossed out price, or an indicative public price, may be present on product files, estimates, invoices or during the order process. This price may appear above or alongside the retail price for the goods or service offered. This price is the retail price recommended by the supplier or manufacturer at the time of the sale.

6. TERMS & CONDITIONS OF PAYMENT for Private Individuals

Payment of goods from 'private' customers has to be made at time of order. Every order can be paid as per available options detailed below.

6.1    Within France

6.1.1    Debit Card: 100% Secured Payment

This payment method is 100 % secured by the bank CREDIT AGRICOLE. Only the bank receives all the information about your Debit card.

Bank Cards accepted on our website www.my-wine-cabinet.com: Visa, MasterCard, Eurocard, Carte Bleue

Except with the express agreement of ACILYON, no payment made with bank cards will be accepted over the amount of 6000 euros (all taxes included). Above this amount, only payment by bank transfer will be accepted. The order can only be considered after approval of payment, depending on the selected payment method.

6.1.2    American Express Card

Payment by American Express card can be made via the American Express payment terminal on our bank’s website. This payment method is also very secure. Payment using your American Express card can provide you with additional flexibility: it offers international payments with no pre-determined limit. This payment method also guarantees protection from fraud.

6.1.3   PayPal

PayPal, the trusted leader in online payments, enables buyers and sellers to send and receive payments online.

How PayPal works:

  • Make purchases or send of payments with PayPal: it's free
  • Shop and pay with complete peace of mind by saving your information with PayPal

PayPal helps protect your credit card information with the best systems on the market for security and prevention against fraud. When you use PayPal, your financial information is never shared with the merchant

6.1.4    Bank Transfer

From your cart, create a personal account. Then click the button "Payment by Bank Transfer", print the summary of your order and execute the Bank Transfer following the information which will be sent to you by email.
Your order is then reserved for 1 month. Beyond this period, without receiving your payment, it will simply be cancelled.
Upon receipt of the confirmation of your payment, your order will be processed and will be shipped within the agreed time and the delivery method you have chosen.

Please note: the lead time for the delivery of your order depends on the date of receipt of your bank transfer

6.1.5    Cheque

From your cart, create a personal account. Then click the "Pay by cheque" button, print the summary of your order and send it with your payment payable to ACILYON , together with a photocopy of your national identity card or your passport at the following address:

ACILYON, Finance Department, 150 rue Paul BERT 69003 Lyon - France

Your order is then reserved for 1 month. Beyond this period, without receiving your cheque, it will simply be cancelled.

Upon receipt of your cheque, it is sent to our bank (in 2 to 5 days) for acceptance of your payment. Once validated by our finance department, your order will be processed and shipped within the agreed time using the delivery method you have chosen ...

Please note: the lead time for the delivery of your order depends on the date of receipt of your cheque

Important: We draw your attention to the fact that the procedure for accepting payment by cheque is relatively long. Accordingly, we recommend that you instead choose to pay by credit card (immediate payment) or bank transfer

6.1.6   Postal Money Order

To make your payment in cash by Postal money order, you can simply print the order and present it in any post office along with your ID. You specify on the form "Postal Money Order with Proof of payment option", write the name of our company ACILYON, Service Financier, 150 rue Paul BERT 69003 Lyon – France with your order number and deposit the amount due in cash. We receive your payment within 24-48 hrs with a document signed by us to serve as proof of delivery.

Please note: the lead time for the delivery of your order depends on the date of receipt of your Postal money order.

6.1.7   Payment via SOFINCO

SOFINCO: payment only AFTER receipt and verification of the order (Metropolitan France, Corsica, Monaco and DOM only). Debit is made AFTER receipt and verification of goods ordered, providing peace of mind.

SOFINCO, it is also the possibility to pay according to different options:

- 4 instalments without fees OR 12 to 84 months for products with pricing between 150 and 2000 €

- 10 instalments without fees OR 12 to 84 months for products with pricing between 2000 and 25000 €

The financing request is easy and quick. When clicking on Financing, you will be directed to the secure website of our partner SOFINCO to complete your credit request and obtain an immediate agreement in principle.

BE CAREFUL: A credit engage your responsibility and must be reimbursed. Please check your ability to refund before commiting.

6.2    Abroad

Every order can be paid as per available options detailed below.

6.2.1    Debit Card: 100% Secured Payment (see paragraph 6.1.1)

6.2.2    American Express Card (see paragraph 6.1.2)

6.2.3    PayPal (see paragraph 6.1.3)

6.2.4    Bank Transfer (see paragraph 6.1.4)

7. TERMS & CONDITIONS OF PAYMENT for Professionals

Payment for purchases made by “Business Customers”, whether based in France or overseas, must be made at the time the order is placed.

7.1    Within France

Every order can be paid as per the various options detailed below.

7.1.1    Debit Card: 100% Secured Payment (see paragraph 6.1.1)

7.1.2    American Express Card (see paragraph 6.1.2)

7.1.3    PayPal (see paragraph 6.1.3)

7.1.4    Bank Transfer (see paragraph 6.1.4)

7.1.5    Cheque (see paragraph 6.1.5)

7.1.6    Postal Money Order (see paragraph 6.1.6)

7.1.7    Financial leasing

This method of payment is available only to professionals or businesses which have existed for more than two years. Financial leasing will only be provided when your file has been approved by our financial organisation. Financial leasing enables business to lease an equipment asset for professional use for a period between 13 and 60 months. For more information, click here !

7.2    Abroad

All orders will be paid for using one of the methods shown below.

7.2.1    Debit Card: 100% Secured Payment (see paragraph 6.1.1)

7.2.2    American Express Card (see paragraph 6.1.2)

7.2.3    PayPal (see paragraph 6.1.3)

7.2.4    Bank Transfer (see paragraph 6.1.4)

7.2.5    Letter of Credit (irrevocable)

This payment method is only available for orders which are placed outside France. Upon validation of the sale, the buyer must ask his bank to pay the credit transaction to ACILYON (and present the confirmation of sale). If the bank accepts, your payment will be validated and your package shipped. The client may also suggest any other payment method that is more adapted to their situation.

 

8. TERMS OF DELIVERY - LEAD TIME - RECEPTION

8.1 Delivery countries

We are able to deliver to mainland France and all other countries worldwide, with the exception of the USA and Canada.

8.2    Delivery Charges

Shipping fees vary depending on various parameters, namely the weight, dimensions, the destination, the country, and the delivery method. ACILYON reserves the right to change the delivery charges at any time.

8.3    Delivery with appointment

All of our "ECO", "COMFORT" and "PREMIUM" deliveries are made by daily appointment (between 9am and 6pm), Monday to Friday. All of our wine cabinet deliveries require a signature at the time of delivery, for reasons of security and tracking. For security reasons, our wine cabinets are not delivered to P.O. boxes or Cityssimo.

8.4    Delivery address and accessibility

The products will be delivered to the address you specify during the ordering process. The order will only be shipped after the payment is received from customer. When placing the order, the customer certifies that the product ordered will be able to be delivered at the indicated delivery address, with the proper accessibility: passing through the door, access via stairs, spiral staircase, other constraints...

If you have not specified the accessibility details and the driver cannot access your home, there are two possibilities:

  • We deliver a second time, and you will have to help the driver unload the product
  • We plan to proceed to a specialized delivery carried out by a team of 2 or 4 people, with special equipment

In both cases, the subsequent delivery will be at your own cost and must be paid in advance.

8.5    Conditions of delivery for orders under 30 kg

Acilyon, through its website www.my-wine-cabinet.com, has voluntarily chosen to ship orders of accessories or wine cabinets under 30kg by a fast delivery service of high quality, more suited to this type of package.

8.5.1    Conditions of delivery (Express within 24 or 48 hrs)

Orders are shipped by signed for delivery within 24 to 28 hours in mainland France. In the case of deliveries to Monaco, Corsica and the coastal islands, the delivery time may be 72 hours. Overseas deliveries to those countries to which we are able to sell may take between 3 and 8 days.  (See paragraph 8.1). Orders are shipped directly to the shipping address (for individuals and professionals), to arrive between 8am and 6pm (normally before 2pm) Monday to Friday, except public holidays.

Please note: It is extremely important that you provide us with precise details for delivery at the time of placing your order. This includes all information that the driver will need in order to access your property such as door codes, use of an interphone, lift codes and precise directions for locating your property. You should also include details of how to access your letter box, should the driver need to leave a calling card should you not be available at the time of the delivery. If the delivery is to a business address, you should also include your opening times.

8.5.2    Important instructions for the delivery of your order

If our carrier is unable to deliver the goods within 10 days of the first delivery date, ACILYON reserves the right to recover the package. After contacting the client, either by phone or email, it will be necessary to find an amicable agreement between the two parties, namely:

  • To re-deliver to the delivery address with additional delivery charges payable by the customer (See paragraph 8.5.4)
  • To cancel the order and for Acilyon to issue a refund for the product by means of a credit voucher valid for use on the www.my-wine-cabinet.com website within 60 days of its receipt of the returned item. A deduction will be made for any remaining transport costs due from the customer. 

If the client does not respond within 10 days of the email being sent, the order will be cancelled and the parcel returned to ACILYON, with the outstanding transportation costs to be charged to the consumer.

8.5.3    Shipping and order receipt instructions

Upon receipt of your order, you must UNPACK and CHECK the product in front of the driver. Do not sign the delivery note under pressure from the driver(s). If they do not want you to unpack and check the product, please specify on the delivery note: "the driver did not allow me to unpack and check the contents of my order".

If you notice ANY DAMAGE to the packaging or the product, please contact our Quality Department at +33 (0)4 26 03 05 48 in the presence of the driver.

At the unpacking stage, there are 4 possible scenarios:

8.5.3.1. The cardboard box is damaged, but the product is intact and conforms to your expectations: you can accept the package.

8.5.3.2. The product is not in perfect condition, but you feel that the damage is minimal and want to keep the product in its delivered state: In that case, note your reservations clearly and precisely on the delivery slip. It is very important to enter the specific type and location of damage. For example, "pallet broken, base of the wine cabinet damaged" or "cardboard damaged on the left hand side, dent on the left side of the wine cabinet".

8.5.3.3. The product does not conform (scratches, signs of damage, broken or damaged items etc.) You must refuse the goods and describe the defects in a clear and precise manner on the delivery slip

It is very important to precisely note the condition of the packaging and the nature of any damage.

Ensure that you describe the defects in a clear and precise manner, for example:

  • "Damage which can be seen" e.g. "torn cardboard box on the top" or "soggy cardboard on the bottom, 30 cm high", or "dent on the top left of the wine cabinet" etc..
  • "Damage which can be heard": e.g."when moving the package, there was a sound of broken glass"
  • "Damage which can be smelled": e.g. "a strong odour was coming from the package"

Never use terms like "the contents of the package will be verified later" or "packaging in perfect condition", which have no legal value and will not be accepetd in case of litigation.

8.5.3.4. A product is missing in the package: in this case, please specify what is missing and the exact quantity missing.

8.5.3.5. In all the cases listed above, do not sign the delivery slip without specifying the defects in writing. If defects are not specified or defect descriptions are unclear, this may give grounds to invalidate the dispute and it is possible that no action be taken on your case. In this case, please contact us on +33 (0)4.26.03.05.48 while you are in presence of the driver.

Please note: You must confirm any comments recorded on the delivery note in a letter to the distributor. The letter must be sent by recorded mail with proof of delivery within three days (excluding public holidays) of the delivery as defined in law (Article L133-3 of the Code of Commerce). You must also separately and at the same time inform our business, ACILYON Quality Service (by letter addressed to 150 rue Paul Bert, 69300 Lyon, France and by email to [email protected]) of your action taken in connection with the distributor.

Important Notice:

  • In the case of a delivery to a third party: please forward the receipt instructions mentioned above to the person receiving the order.
  • In the case of a delivery in a Collection Point: you must UNPACK and CHECK the product at the Collection Point before signing the delivery slip.

VERY IMPORTANT:

If you sign the delivery note WITHOUT writing the full details of any damage, it means you have received the prodcut in perfect condition, and no claims will be accepted!

In that case, you will have no recourse to resolve the dispute and any repair costs or the cost of a replacement product will be your responsibility.

Please note: Ensure you retain the original packaging, boxes, pallets, instructions etc for a minimum of 10 days following delivery. In the event that the product should need to be returned or fail to work when installed, your product will only be able to be returned or exchanged with its original packaging.

8.5.4    Special order receipt instructions abroad

The client is required to verify the condition of the packaging and the wine cabinet at the time of the delivery, in the presence of the driver. (see paragraph 8.5.3)

Please note in the case of overseas deliveries: if no verification has been given to the distributor, you will have no recourse in respect of seeking a return, a repare or an exchange.

8.5.5    Second delivery

If you are out at the delivery time specified by the carrier: please note that the second delivery of your wine cabinet is PAYABLE. You will be charged between 15 and 30 Euros in France and between 30 and 60 Euros overseas which will be payable prior to delivery. To avoid such problems, we strongly recommend that you make arrangements to be present at the place of delivery of your wine cabinet, on the agreed day.

In case that the driver cannot access your home or your mailbox, because of lack of information from you, there are two options:

  • You go to collect your package directly from the storage facilities provided by our nearest partner
  • We deliver a second time, either to your home or to another address. This second delivery will be at your cost.

8.5.6    Collection of your order in a Collection Point

If you are not present at the time of the first delivery attempt being made, or you have chosen delivery by Relais Colis, you will need to confirm at the premises of the Relais Colis service provider the condition and contents of your delivery.

The choice of the nearest branch/office in the absence of the recipient is made only by our partner. No claim can be accepted on this point.
To collect your parcel it is very simple, all you need is:

  • To present of photo identification, showing the same name as that on the address label
  • The 'Colissimo' delivery notice slip
  • The signature from the distribution slip

In the event that damage is noted, you must record this on the delivery note and refuse delivery of the goods.  If you do not check the package and record any damage or concerns, there will be no recourse available to you.

8.6    Conditions of delivery for orders above 30 kg

8.6.1    Conditions of delivery (Standard delivery – 1 person)

ACILYON through its website www.my-wine-cabinet.com, has chosen to ship its wine cellars using a delivery service of high quality. We wanted to deliver of our wine cellars and accessories through a network of partners who are recognized for their quality service and professionalism.

All orders will be shipped and delivered:

For Private clients: directly "at home" with a phone call to make the appointment for delivery. Please remember to write a phone number on the order form, from which you are easily reachable (a mobile phone number if possible).

For Professionals: please advise your opening hours.

Warning : Standard “Eco” deliveries are made only on Monday to Friday (9am to 5pm). Your order is delivered by one person to your home address and this delivery option is suitable only if access is on a single level.  This delivery option does not include handling, unpacking and the installation of the product at your premises.

NB : In case of reduced accessibility (no lift, stairs etc..), The wine cabinet will be delivered to the front of your home,  the front door if it is a house, or the foot of the building if you are in an apartment. Therefore, please make your own arrangements to collect your package from the point of delivery.

Average delivery time: 72 hours.

8.6.2    Important instructions for the delivery of your order (see paragraph 8.5.2)

8.6.3    Shipping and order receipt instructions (see paragraph 8.5.3)

8.6.4    Special order receipt instructions abroad (see paragraph 8.5.4)

8.6.5    Second delivery

If you are not present at the delivery time agreed with the distributor, the costs of a second delivery will payable by you. These costs will be invoiced to you at between 50 and 80 Euros for deliveries in France and between 80 and 150 Euros for overseas deliveries. Payment must be received before the second delivery takes place. To avoid these additional costs, we ask to to take all necessary steps to ensure that you are present on the date agreed. 

In the event that the driver is unable to deliver because you have provided insufficient information for them to access your property or letter box, two alternatives are available to you :

  • You may either collect the goods from our partner’s nearest delivery centre ; or
  • We can arrange a second delivery, either to your premises or to an alternative address

8.7    Conditions of delivery and home installation by 2 or 4 people (within France only)

8.7.1    Conditions of delivery

We work with reliable partners, renowned for the quality and professionalism of their service.

You have selected a delivery with specialist handling here's how your order will be processed :

  • Before delivery:

Quantitative and qualitative checks of all products take place upon receipt at the premises of the agency nearest to you.

An appointment is made, in two stages:

  1. The appointment is fixed from the date of receipt of the order
  2. The customer is called the day before delivery to confirm the time slot (+/- 2 hours)
  • Delivery:

Carried out by a team of 2 or 4 people:

- With the necessary equipment: trolley, covers, straps, tools etc...
- Taking all necessary precautions for handling

Respectful of the appointment time:
- In case of being more than 30 minutes early or late, the customer is informed

Respect for the environment (pick-up of packaging for destruction in authorized recycling centres) and respect for traffic regulations (parking, speed ...)

Installing the product in the room where it will be used, as specified by the customer.

Verification with the recipient of the conformity of the delivery with the order placed.

Installation carried out according to best practice and meeting the product specifications.

  • After delivery:

Pick-up of packaging and articles at the end of their life for destruction in authorised recycling centres.

In case of problems or dissatisfaction, the recipient's claim is taken into account: the specific details of the defects are noted on the delivery slip

8.7.2    Shipping and order receipt instructions (see paragraph 8.5.3)

Please note: This type of delivery includes the pick-up of packaging for destruction. However, we advise you keep the packaging in order to be able to use your Right of withdrawal if necessary. Indeed your right of withdrawal will be rejected if the product is not returned in its original packaging. The same conditions apply if you experience an "out-of-the-box failure". The product cannot be taken back or exchanged if the product is not in its original packaging.

8.7.3    Second delivery

If you are out at the delivery time specified by the carrier: please note that the second delivery attempt of your wine cabinet is PAYABLE. You will be charged between 60 € and 120 € in France, payable prior to delivery. To avoid such problems, we strongly recommend that you make arrangements to be present at the place of delivery of your wine cabinet, on the agreed day.

 

9. TERMS OF RETURN OF MERCHANDISE

9.1. Right of withdrawal

9.1.1    Private Individuals in France

In accordance with clauses L.121-20 et seq of the Consumer Code, the Customer has a period of 14 working days from the date of delivery of the order to retract and 14 additional days to return the product. After this period, this right does not apply.

However, please note that for customised products (such as stainless steel products with the optional right-hinged door, or with a special color for example) and all products from Ellemme, Calice, Enooficina, Enomatic, It’s Stone, Sobrio, Winetaste and Transtherm brands, this right cannot be exercised in accordance with Articles L120-20-2 of the Consumer Code and in particular paragraph 3.

The Customer may request a refund in writing, by sending a letter by recorded delivery with proof of receipt (and by sending a copy via e-mail to [email protected]), within 14 days after the delivery, without incurring a penalty, except for the return shipping costs and delivery costs, which they will always bear. The cancellation form which needs to be completed is available by clicking here.

In case of withdrawal, the cost of returning the products is always borne by the Client (approximately 80 to 100 Euros). ACILYON will only issue a refund where the "ECO" delivery option has been selected. No refunds will be paid in the case of "COMFORT" or "PREMIUM" deliveries.

- Once received, the after sales department will review your request. The delivery address for the return of the order will be sent upon acceptance of your withdrawal request.

Please note: a product must not be returned without prior agreement from the quality department. Otherwise, the quality department may reserves the right to refuse the product.

- The Customer agrees to organise the return of goods, within 14 days after the return agreement, using a guaranteed method of transport. The product must be returned in perfect condition in its original packaging which is undamaged and must not have been opened. It must be accompanied with all its accessories (manuals, accessories, cables, manual, warranty card, etc..) so it can be sold again. The product should not have been used or started. Otherwise, the right to withdraw cannot be applied.

- Once the product has been returned, the After Sales Service department will have 15 days to inspect your product. There are two possible outcomes:

  • The product is in perfect conditions and complies with our return conditions: the product will be refunded within 14 days using the same payment method used by the customer. My Wine Cabinet may also suggest a refund via a gift voucher valid for 6 months on our website www.my-wine-cabinet.com.
  • The returned product is not in perfect condition (product damaged, missing accessories or documents, packaging damaged, the product is not fit to be re-sold etc), in which case there will be no right to cancel and either the product will be returned to the customer at the expense of the customer, or the product will be made available for the customer to collect.  In no cases will the customer be able to request that the goods are returned or to claim a refund without first having paid the delivery and return shipping fees and any additional costs arising from damage in transit. 

9.1.2   Individual Customers in France at trade fairs and exhibitions

  • At exhibitions and trade fairs, it should be specifically noted that the order form signed by the customer is immediately binding.  Orders placed at trade fairs and exhibitions are not subject to the 14 day cooling off period, cannot be cancelled and are binding from the moment the order for is signed. 
  • However, individual clients may have a right to cancel within 7 days if the purchase was made with a loan agreement, in which case it is possible to withdraw from the loan agreement which, in turn, leads to the cancellation of the order form (article L121-98 of the Consumer Code).  A refund of the down payment will be made on request,  From the 8th day following the purchase, the customer has a 7 day period in which to withdraw from the loan agreement but must offer an alternative means of payment and, in any event, may not cancel the sale.

9.1.3    Professionals in France

The right of withdrawal does not apply to business customers, whether the purchase is made via the website, at a trade fair or at an exhibition.

9.1.4    Overseas Customers

The right of withdrawal does not apply to individual and professional customers being abroad.

9.2    Return further to a-non-compliance of the delivered product

You have ordered, but we have not delivered the right product. You have 14 days to inform us that the product received is not the product you ordered. Beyond this period, this right is no longer available. Replacement requests must be made to the quality department on +33 (0) 4.26.03.05.48, and by email to [email protected] and pictures of the product must be sent. The costs of returning products are still the responsibility of the customer. In order to track the package, the customer agrees to return the product(s) using a a guaranteed method of transport.

The product must be returned in perfect condition in its original packaging undamaged and must not have been started or used in any way. It must be accompanied with all its accessories (manuals, accessories, cables, warranty card etc.) so it can be sold again.

The delivery address for the return of the product will be sent upon acceptance of your application. After inspection and analysis of products in dispute, we will send you the right products originally ordered. All return costs for the goods will be refunded on presentation of supporting documents.

The shipping costs will be reimbursed within 14 days on the same payment method used by the customer. My Wine Cabinet also suggest a refund via a a gift voucher valid for 6 months on our website www.my-wine-cabinet.com.

9.3    Return further to a delivery error

You have ordered, but you made a mistake on the product ordered. You have 14 working days from the date of delivery of the order, to retract and 14 additional days to return the product. After this period, this right does not apply.

In case of withdrawal, you must organise the return of the goods, and the cost of returning the products is always at your cost (see paragraph 9.1). The customer must also place a new order via the website www.my-wine-cabinet.com for the product originally required. 

9.4    The ordered product does not operate at start-up

You ordered successfully, but the ordered product does not work at the time of the first start-up (a fault called an "out-of-the-box failure"). You have 14 days to inform us that the product received is defective. After this time, the fault cannot be considered to be an "out-of-the-box failure". The problem must be submitted to our After-Sales service team by phone on +33 (0) 4.26.03.05.48 or by email at [email protected]

The After-Sales service team will initially deal with the issue by telephone and will then offer:

  • Either to send an engineer, who will view the product on site and carry out the repair
  • Or to bring the products to our premises for an assessment. After inspection and analysis of the product by the After-Sales service team, the material will be either repaired, or exchanged for a new one if repair is impossible.

The product will be returned to the customer in the shortest possible time.

It should be noted that the assessment and repair can take between 10 & 20 days (time to return the product to us + assessment + repair + return of product to client). During this period, the product cannot be replaced by a new one, and the order can never be cancelled. If the assessment concludes that the damage was caused by customer misuse, repair costs and the costs of return transportation will be invoiced to the customer.

The costs of returning products remain the responsibility of the customer. In order to track the package, the customer agrees to return the product(s) using a guaranteed method of transport. The product must be returned in perfect condition in its original packaging undamaged and must not have been opened. It must be accompanied with all its accessories (manuals, cables, warranty card etc.)

9.5    Client does not live at the given address

These are packages which are returned to us by the carrier responsible for delivery under the heading: “Does not live at this address”. After receiving your package, we will analyse the products, the products having been returned at the customer's risk.

9.6    On the grounds of « refused due to damaged goods »

You refused your order at the time of delivery by the carrier because of damage to the product (the equipment received a shock, is damaged, etc..). You must notify the After-sales service team within 24 hours, by phone on +33 (0) 4.26.03.05.48 or by mail to [email protected]. You must also advise the carrier by recorded mail, with proof of receipt. The products are transported at the customer's risk.

As soon as it arrives back in our premises, and after inspection and analysis of the product by the After-Sales service team, the material will be either repaired or exchanged for a new one if repair is impossible. The product will be returned to the customer in the shortest possible time.

It should be noted that the assessment and repair can take between 10 & 20 days (time to return the product to us + assessment + repair + return of product to client). During this period, the product cannot be replaced by a new one, and the order can never be cancelled.

9.7    On the grounds of « refused » without a valid reason

You refused your order at the time of delivery by the carrier without a valid reason (for example, you no longer want the product). (see paragraph 9.1)

 

10. WARRANTIES AND LIABILITY

Prior to ordering, the customer has had the opportunity to inform themselves fully about the products featured on our website www.my-wine-cabinet.com, including by contacting us at ACILYON. The Customer agrees to use the products in accordance with their purpose and the instruction manual. In case of non-receipt of an order or part order, the customer has up to 14 days, as of the date of receipt to submit a claim on those grounds. The total or partial inability to use the ordered products can give rise to compensation or reimbursement to the Client. The Customer may not invoke the breach of contract of sale in case of force majeure or in case of total or partial strike of postal services, carriers or disasters caused by floods or fires, but also manufacturer’s plant closures. Regarding products purchased to meet the client’s business needs, no liability shall be incurred for any direct or indirect damage that may arise, such as business interruption or any other damages or expenses.

10.1 Limit of liability

In the event of deterioration of the product or partial or total failure of it, ACILYON shall not be held responsible for any goods stored in it (for example: wine, alcohol, champagne, cigars, cooked meats, cheese, chocolates etc).  The client may not seek any form of compensation, whatever the reason for malfunction. 

However, customers are advised to obtain suitable insurance to cover the loss of items stored in electrical appliances sold.

ACILYON shall not be held liable by any customer or third party for any damage, direct or indirect, for any loss of profit or revenue or for any loss of data for any reason whatsoever. Likewise, the inability, whether in full or in part, to use the Products, particularly for reasons of material incompatibility or because they do not meet the needs of the customer will give no rise to liability on the part of ACILYON, nor will it give a right to seek compensation or a refund in respect of the Product.

10.2   Product under Manufacturer's warranty (Parts or Parts, Labour, Travel)

10.2.1    In France

All wine cabinets have a manufacturer's warranty (except accessories and other exceptions), which is shown on the model's item description. To qualify for the manufacturer's warranty of the product ordered, it is imperative to keep the product's purchase invoice and identify the serial number of the product (if existing). The warranty takes effect on the invoice date.

10.2.2    Abroad

All wine cabinets have a manufacturer's warranty (except accessories and other exceptions). To understand the details of the manufacturer's warranty applicable in your country, please refer to the model's item description. To qualify for the manufacturer's warranty of the product ordered, it is imperative to keep the product's purchase invoice and identify the serial number of the product (if existing). The warranty takes effect on the invoice date.

10.3    Product under the « Peace of Mind » warranty (Parts, Labour, Travel)

An additional warranty called "Peace of Mind" can be purchased when ordering from our website. When subscribing to this warranty, the customer agrees with the General Terms and Conditions of this warranty.

10.3.1    In France

An additional warranty called "Peace of Mind" of 2 years, + 3 years or 5 years can be purchased or offered by My Wine Cabinet (depending on the product brands), when ordering from our website. This warranty is available on selected products – please refer to the product file. The warranty takes effect on the invoice date.

10.3.2    Belgium, Luxembourg, Monaco, United Kingdom

An additional warranty called "Peace of Mind" of 2 years, + 3 years or 5 years can be purchased or offered by My Wine Cabinet (depending on the product brands), when ordering from our website. This warranty is available on selected products – please refer to the product file. The warranty takes effect on the invoice date.

10.3.3    Rest of the World

The "Peace of Mind" warranty is not applicable for other foreign countries.

10.4    Products guaranteed 1 year: parts, labour, travel, return to factory

In the event of technical problems or breakdown of your product during the warranty period (1 year: parts, labour, travel, return to factory), you must inform our After-Sales service team by phone on +33 (0) 4.26.03.05.48 or by email at [email protected].

The customer will then have to return the product(s) within 14 days, following the agreement of our after sales department; using a guaranteed method of transport either to ACILYON or directly to the manufacturer. The delivery address for the return of the product will be sent to you depending on the product and brand. The product must be returned in perfect condition in its original packaging undamaged (if possible). It must be accompanied with all its accessories (manuals, accessories, cables, warranty card, etc.)

After inspection and analysis of products in dispute, we will send you the product repaired.

Please note: The product will be replaced by a new one only if ACILYON or the manufacturer certifies that is not able to be repaired.

10.5    Warranty conditions

The warranty does not cover:

  • aesthetic damage which does not impair the functioning of the product unless such damage is the result of an event guaranteed by the contract
  • damage resulting from an incorrect installation which does not conform to the manufacturer's instructions
  • damage resulting from: malicious acts, an external factor (impact, fall, etc.), lightning fire, water damage, high voltage, bad use or incorrect handling and connection
  • damage to the product while not being shipped in suitable conditions
  • any product with a deleted, modified or unreadable serial number
  • damage which is attributable to engaging a third party or resulting from an intentional act
  • the cost of maintenance and repair conducted by a third party not registered by our company or by the manufacturer
  • the travel costs for an unjustified request for a visit
  • the labour cost relating to spare parts not covered by the warranty
  • the replacement of consumable spare parts and/or wear (light bulb, LED, door seals, lockers, filters, batteries, door handles etc.)
  • breakdowns relating to accessories such as power cables, rubber parts, glass parts, plastic, shelves.
  • the replacement of glass parts and glass door
  • external areas: painting, lacquer, handles, casters, adjustable feet, etc.
  • knocks, impacts, oxidization, damage caused by smokers
  • simple adjustments or daily maintenance
  • contents of the product
  • connecting cables and damage resulting from them
  • damage to all built-in products for which the installation instructions have not been followed such as: minimum dimensions not respected, air circulation space not provided or is insufficient (no ventilation grid, lack of air evacuation on the top or in the front etc...)

In all these cases, the cost of visits and repair will be at the customer's expense.

Please note that no request can be made for the order to be cancelled, for a refund to be issued or for the product to be replaced with a new item while the product fault is being investigated by the After Sales department (home visit + ordering of parts, or the return of the product to the factory + repair + return of the product).

10.6    TOTAL LOSS - Depreciation of the product

In case of total loss during the warranty period, that is to say when the product is not repairable or its value is lower than the cost of repair, there will be compensation via a gift voucher. The value is calculated on the basis of the initial price of the product with deduction of 1% per month for the depreciation of the product (from invoice date). The gift voucher is valid only on www.my-wine-cabinet.com and for a period of 6 months.

10.7    Exclusion of warranty: ten-year warranty

Are excluded of the installation services of all products sold by ACILYON: all the electrical work, masonry, etc, subjected to the ten-year responsibility. The electrical inlet, kitchen furniture and built-in location shall be installed and adapted and/or operational before arrival of the installers.

11. DISPUTES

The law applicable to this contract is French law. Any dispute arising under this Contract will be resolved, in the absence of amicable agreement, in the ‘Tribunal de commerce’ in Lyon, France. This jurisdiction also applies to summary proceedings.

12. RETENTION OF TITLE CLAUSE

The seller retains title to goods until they are fully paid. If payment is not received by the due date, the seller will be allowed to take back the goods, the sale will automatically be rescinded at the seller's discretion, and payments which have already been made shall be definitively acquired by the seller, in return for the use of the goods that the buyer will have already benefitted from.

 

Should you wish to receive a copy of our Terms and Conditions of Sale by e-mail, you can request this by e-mail to [email protected]

 

Terms and Conditions are applicable at 11/07/2016  - Version 5.0

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