The merchant site http://www.fritzschmitt.com was designed and belongs to EARL FRITZ SCHMITT hereinafter referred to as “Seller”. The user who visits this website, hereinafter referred to as ‘Client’, may at any time contact the Seller by phone or mail:
EARL FRITZ SCHMITT
1 rue des Châteaux
67 530 Ottrott
PROTECTION OF MINORS
In accordance with article L. 3342-1 of the code of Public Health, which states that the sale of alcohol to minors under the age of eighteen (18) years is prohibited, by completing the order form, the Client confirms he or she is eighteen (18) years of age at the date of the order.
Alcohol abuse is hazardous to health, consume with moderation.
Products sold on the merchant site contain alcohol, and should be consumed with moderation.
PRODUCTS, PACKAGING AND PRICE
The seller sells wines of DOMAINE FRITZ SCHMITT, hereinafter referred to as ‘Products’, remotely via the Website.
– The bottles are supplied individually, or in boxes of 6 or 12, the half-bottles are delivered in boxes of 12.
– The TOTAL price, hereinafter referred to as “Price”, specified in the order confirmation, is inclusive of tax and is the final price. This price includes the price of the Products, handling, packaging and transport costs. The price is expressed in Euros.
– Discounts may be granted to the Client based on the quantity of products ordered, or when ordering “promotional” products.
– The customer is liable for shipping costs. Transport costs are calculated automatically by the Website, depending on the number of Products, and/or the selected delivery area.
– The goods remain the property of the Seller until paid for in full.
This merchant Website provides several payment methods:
– by bank or postal cheque, sent by mail to the mailing address of the Seller specified above.
– by credit card: the Client is redirected to the secure site of the Seller’s bank (connection according to the secure https:// Protocol in the Client’s Internet browser).
The TPE installed on this site performs the identification enforced by the Client’s credit card, called 3D Secure (MasterCard) or Verified by Visa (VISA). During this double identification procedure, the Client is required to provide, in the first phase: his or her credit card number, expiry date and security code on the back of the credit card. In the second phase, the Bank connects to the issuing bank of the credit card, and requests other codes specific to each bank from the client. The Client must contact his or her bank in the case of any problems in step 2 of the identification.
– by bank transfer
TRANSPORT – DELIVERY PERIOD – OBJECTIONS
The products are delivered to the delivery address indicated in the order, by the carrier commissioned by the Seller.
The Seller undertakes to deliver the products within a maximum period of 10 working days, except in the case of extreme weather conditions when the transport of products is not recommended (high temperatures or severe frosts). In case of noncompliance with this time limit, the Client may ask the Seller to simply cancel the order.
The Client can only raise objections upon delivery of the products if the delivery is not quantitatively consistent with the order, or if the package containing the Products is badly damaged. These objections must be made in writing to the carrier upon delivery, or within 12 hours of the delivery. A copy of these objections must be sent by mail or e-mail to the Seller within 12 hours of said objections being raised. The Client is responsible for providing, with this letter or e-mail, the carrier’s confirmation of the reality of these objections.
If the above procedure has been complied with, and there is thus evidence that the objections are due to the fact that the package and the products are badly damaged, the Seller has the option to refund the price paid to the Client, or deliver similar replacement Products.
If the delivery is not quantitatively consistent with the Order, the Seller will only refund the difference in price between the Products ordered and those delivered, and only if the Products delivered have a lower price than those ordered and paid for. No objection may be made in relation to the taste, appearance, or the freshness of the Products.
RIGHT OF CANCELLATION
In accordance with French law, the buyer has a cancellation period of up to 14 days from the day after the receipt of goods. The buyer who exercises this right has an obligation to proceed under his or her responsibility and at his or her own expense, with the return of the merchandise in its original packaging (unopened bottles) to the Seller’s address.
The Seller will refund the buyer by cheque within 14 days of the return of the Products. The refund will include delivery costs to the Client. The Client is liable for return expenses.
Placing an order requires the registration of some Client details (name, surname, address, e-mail address).
In accordance with the Freedom of Information Law (“loi informatique et liberté”) of 6 January 1978, the Client has the right to access, rectify and delete recorded data. He or she can also assert his or her rights by contacting the Seller directly by e-mail, mail or telephone.
INVALIDITY – FORCE MAJEURE – APPLICABLE LAW – COMPETENT COURTS
If any of these Terms and Conditions is declared inapplicable or invalid for any reason, this shall not affect the application or validity of the other provisions of the Terms and Conditions, with those declared invalid or deemed inapplicable then being replaced by the closest possible provision.
Neither the Seller nor the Client shall be held responsible for any failure caused by force majeure, beyond their control, including, although not limited to, cases of war, riot, uprising, interruption of transport, import or export problem, blackout, shortage, fire, earthquake, storm or flood.
These Terms and Conditions are governed exclusively by French law and the courts of (town, country) shall have sole competence in relation to any litigation or dispute relating to them.