General Conditions of Sale

Article 1: Prevention

The LA MAISON DU WHISKY Online Store is reserved exclusively for users aged 18 years and above.

Alcohol abuse is dangerous for your health and should be consumed in moderation.

Article 2: The Online Store

The LA MAISON DU WHISKY Online Store is accessible at www.whisky.fr.

The MAISON DU WHISKY’s commercial offer covers all products showcased in the Online Store catalogue.

The Online Store displays the essential characteristics of each product as well as its price, total delivery costs and delivery procedures.

Article 3: General points

All orders placed by a client on the Online Store are subject to these General Conditions of Sale to the exclusion of all other documents, and the buyer’s general conditions of purchase in particular.

All clauses and conditions contrary to these General Conditions of Sale that may feature on purchase orders and more generally on any kind of correspondence issued by the buyer shall be deemed non-written and shall have no contractual value between the parties. Derogations from these General Conditions of Sale shall only apply following LA MAISON DU WHISKY’s express, written agreement.

The products are described by information featured on their technical sheets.

The information contained in the catalogues, brochures, advertisements, notices or any other documents from LA MAISON DU WHISKY is provided for information purposes only and does not represent a commitment on the part of LA MAISON DU WHISKY, who may change this information at any time.

Photographs on the technical sheets are provided for illustrative purposes only - the product may differ from the image displayed. The information provided by the photographs does not represent a commitment on the part of LA MAISON DU WHISKY who may change them at any time.

LA MAISON DU WHISKY reserves the right to correct any accidental error or omission contained within these Conditions and in any other contractual document.

Article 4: Orders

All orders must be placed via the Online Store by clicking on the ‘Order with obligation to pay’ button. An order is only considered firm once the buyer has filled in the mandatory fields in the ‘Personal Details’, ‘Contact Information’, ‘Delivery Options’ and ‘Payment Method’ sections. 

LA MAISON DU WHISKY will send the buyer an email to confirm their order.

All orders placed on the Online Store imply full acceptance of these General Conditions of Sale, with the buyer acknowledging having read and accepted them prior to placing an order.

The buyer certifies that they are at least 18 years of age on the date of ordering.

In the event of buyer non-compliance with these Conditions, LA MAISON DU WHISKY reserves the right to fully or partially cancel any orders in progress or to suspend delivery of the merchandise.

Article 5: Stock availability

Products are available and delivered while stocks last.

Should an ordered product become unavailable, LA MAISON DU WHISKY will inform the buyer of the unavailability and may offer the buyer a different product of equivalent quality and price, or where applicable a credit note for the order amount to be used on the Online Store.

In the event of disagreement on the part of the buyer, LA MAISON DU WHISKY shall refund the amount paid within three (3) months.

Article 6: Order validity

LA MAISON DU WHISKY reserves the right to refuse any order for legitimate reasons and particularly in cases where the quantities ordered whether in one or several orders are abnormally high in comparison to quantities generally ordered by buyers purchasing in their capacity as consumers.

Article 7: Price

The buyer is under obligation to pay the price at the time of ordering on the Online Store.

Prices are given in euros and are inclusive of tax, excluding delivery costs which are indicated on the Online Store.

The billing prices for products are those displayed on the Online Store on the date on which the order is confirmed by the buyer.

LA MAISON DU WHISKY reserves the right to change applicable prices on the Online Store at any time. Price changes are automatically applicable on the date on which the price changes are published on the Online Store.

All orders, irrespective of the country in which they are placed, are payable exclusively in euros.

Article 8: Retention of ownership

LA MAISON DU WHISKY retains full and total ownership of products until full payment of their price, both principal plus interest, has been made by the buyer.

Until full payment has been made, the buyer undertakes not to resell unpaid products, not to relinquish possession of the products and to take all necessary measures to ensure the products are kept in their delivered state and condition, and that they remain identified as the property of LA MAISON DU WHISKY.

Article 9: Delivery costs

Delivery costs vary according to the transporter and delivery destination selected by the buyer. These delivery costs can be checked on the basket page by clicking the ‘Get an estimate’ button once all products have been added to the basket.

Delivery is free for orders of €120 and up (incl. tax) for addresses in metropolitan France only. It is free for orders of €200 and up (incl. tax) for addresses in Germany, Netherlands and Luxembourg.

Article 10: Payment

The buyer can proceed to pay for their order using various payment methods as follows:

  • by bank transfer to the LA MAISON DU WHISKY bank account.

 

  • by debit card (Carte Bleue, Visa, Mastercard, American Express) via online services provided by Be2Bill and PayPal.

  • by gift voucher sold on the Online Store (no other type of gift voucher is valid on the Online Store).

LA MAISON DU WHISKY reserves the right to change available payment methods at any time.

Article 11: Gift vouchers

Only gift vouchers issued on the Online Store are valid for orders made via the Online Store. Furthermore, gift vouchers issued on the Online Store are only valid for orders made via the Online Store at www.whisky.fr, and no other online shopping site.

The Online Store gift vouchers allow users to pay for all order components, including products and delivery costs.

If the value of the order exceeds the value of the gift voucher applied to the order, the difference must be paid by one of the payment methods accepted on the Online Store in the final section of the payment page.

Several different gift vouchers may be combined to pay for a single order. Gift vouchers may be used with discount vouchers.

Only gift vouchers registered at the time of the payment for the order will be taken into account. Once payment has been made and the order confirmed, a gift voucher may not be used to deduct amounts from the order price.
A gift voucher expires a year after the date on which it was purchased.

A gift voucher cannot be exchanged for credit.

Users can check their gift voucher balance in two ways: 1) for all orders via the basket page, by clicking on the ‘Check gift voucher balance and status’ link; 2) for users with an Online Store client account, by clicking on the ‘Gift voucher’ section in their account.

Article 12: FIA-NET security

Information concerning the buyer’s order is automatically processed and overseen by FIA-NET S.A. This automatic data processing aims to define a level of analysis for a transaction and fight credit/debit card fraud.

FIA-NET S.A. and LA MAISON DU WHISKY are sent data concerning the buyer’s order. Failure to share this information will block the payment and transaction analysis process. An unpaid transaction resulting from fraudulent use of a credit card will result in the contact details related to the unpaid order being registered in a payment incident file established by FIA-NET S.A. A false declaration or anomaly may also undergo specific processing.

In compliance with the French Data Protection Act of 6th January 1978, the buyer has the right to access, rectify or oppose all personal data concerning them at any given time, by writing to the following address and enclosing proof of identity:

FIA-NET - Data Protection and IT Department 
Processes No. 773061 and No. 1080905
39 rue Saint-Lazare, 75009 PARIS

Article 13: Graded site - premium site

Purchases made on the www.whisky.fr store give users access to take part in FIA-NET’s ‘graded site - premium site’ initiative.

Users can fill in two satisfaction surveys designed to measure quality of service throughout the purchasing process, thus sharing their personal experiences with FIA-NET’s online community.

These surveys may be sent by FIA-NET or by Whisky.fr via email or via a pop-up following a purchase. The data collected through these two surveys is automatically processed and overseen by FIA-NET.

Incomplete answers or a lack of response to one or both of the satisfaction surveys have no effect on order placement and processing.

FIA-NET S.A. and Whisky.fr are sent personal data gathered through these satisfaction surveys.

Non-personal data will be used by FIA-NET in compliance with regulations in force, in particular regulations relating to personal data protection.

In compliance with the French Data Protection Act of 6th January 1978, the buyer has the right to access, rectify or oppose all personal data concerning them at any given time, by writing to the following address and enclosing proof of identity:

FIA-NET - Data Protection and IT Department
Process No. 896150
39 rue Saint-Lazare, 75009 PARIS

Article 14: Sale for export

The buyer is deemed an importer of the products they order for delivery to countries other than metropolitan France.

For deliveries to countries outside the European Union or French Overseas Departments and Territories, product prices will automatically be calculated excluding tax.

All local levies, taxes, customs duties and any other payable fees are the sole responsibility of the buyer. The buyer is responsible for carrying out all necessary paperwork and obtaining all necessary authorisations for acquiring the products from the local authorities, and must ensure the products comply with local legislation and regulations.

LA MAISON DU WHISKY advises buyers to seek information on their obligations from the relevant local authorities prior to placing an order on the Online Store.

Article 15: The buyer’s right of withdrawal

a) RETURN AND REFUND

If delivery of an article does not correspond to the Customer's Order, or if there is any transport-related defect, customers may return the article within 15 days of receipt of shipment by following the below procedure - policy also available on our website.

Qualify for a refund: Customer must return goods in its original packaging at the following address :

SNPA – LA MAISON DU WHISKY
8/10 rue Gustave Eiffel
92110 Clichy -la- Garenne


Return postage costs incurred will be refunded upon presentation of proof of payment. Reimbursements include standard delivery costs as stated by LA MAISON DU WHISKY upon ordering. Additional expenses arising from a decision by the customer to choose a delivery mode other than the least expensive ordinary delivery we offer will not be reimbursed.
Reimbursement will be made using the same payment method used by the customer in the initial transaction, unless another payment method is agreed between the buyer and LA MAISON DU WHISKY. LA MAISON DU WHISKY reserves the rights to refuse to cover any costs related to the reimbursement process.
Customers will be reimbursed within a reasonable period of time after the date of reception and provided that the item has not been used or damaged. Reimbursement will be made directly into bank account or payment account used by the customer in the initial transaction.

b) EXERCICE OF WITHDRAWAL

The buyer has a period of fourteen (14) days following receipt of the order to exercise their right of withdrawal, with no obligation to provide a reason for doing so.
To exercise their right of withdrawal, the buyer must inform LA MAISON DU WHISKY in clear and precise terms, leaving no room for misunderstanding.

The statement of withdrawal must contain the following details: buyer’s name, geographical address and where applicable a phone number, fax number and email address. In the event that a product is delivered to a third party other than the buyer, the latter must provide said third party’s contact details in the statement of withdrawal.

Buyers may use LA MAISON DU WHISKY’s withdrawal form available for download at - Withdrawal form. Buyers may also request a copy of the form by emailing service-client@lmdw.com. The choice of whether or not to use the template is left to the buyer’s discretion.
The statement may be submitted with your hard or soft copy application under:
- Postage - SNPA – LA MAISON DU WHISKY - 8/10 rue Gustave Eiffel - 92110 Clichy-la-Garenne
- Fax - to +33(0)1 47 30 71 91
- Email - to service-client@lmdw.com
Upon receipt of the statement, LA MAISON DU WHISKY will immediately issue the buyer with a hard copy of the statement of receipt of the withdrawal.
The buyer may not exercise their right of withdrawal in the event that the goods in question have been altered in accordance with the buyer’s specifications or clearly personalised or due to their nature cannot be reshipped or are likely to deteriorate or expire within a short period of time.
The right of withdrawal may not be exercised in the event of products for which a seal has been broken or that have been opened by the buyer or order recipient after delivery.

c) EFFECT OF WITHDRAWAL

In the event of a withdrawal initiated by the buyer, LA MAISON DU WHISKY shall refund the buyer for the full amounts paid no later than fourteen (14) days following the date on which LA MAISON DU WHISKY receives notice of the buyer’s decision to withdraw, in compliance with the provisions of the aforementioned Article 15 a).
Refunds include standard delivery costs as stated by LA MAISON DU WHISKY upon ordering. Additional expenses arising from a decision by the customer to choose a delivery mode other than the least expensive ordinary delivery we offer will not be refunded.

Refunds will be made using the same payment method used by the customer in the initial transaction, unless another payment method is agreed between the buyer and LA MAISON DU WHISKY. LA MAISON DU WHISKY reserves the rights to refuse to cover any costs related to the refund process.
The customer must return the goods directly without any undue delay and within 14 of the date on which we are notified of the decision to withdraw from the present contract. The deadline will be deemed complied with if the goods are returned before expiry of said deadline.
The buyer must return the order to the following address:

SNPA – LA MAISON DU WHISKY
8/10 rue Gustave Eiffel
92110 Clichy-la-Garenne, FRANCE

The buyer is responsible for all return delivery costs. These costs vary according to the weight of the package, and are estimated at a maximum of 50 euros for Metropolitan France and a maximum of 50 euros for orders sent abroad. LA MAISON DU WHISKY cannot be held accountable for any inaccuracies in estimating delivery costs.

d) BUYER'S RESPONSIBILITY

 The buyer shall be held responsible in the event of damage to the product or its packaging.

Article 16: Delivery and shipment methods

All orders are processed by LA MAISON DU WHISKY’s Online Customer Service team from Monday to Friday, excluding public holidays. Orders are processed:

  • the day following online payment for an order on the Online Store in the event of payment by credit card (transaction approved by the Paybox online payment solution and FIA-NET’s anti-fraud service);
  • the day following the day on which order approval is granted by FIA-NET (in the event that a request for FIA-NET approval is initiated when using a credit card) 
  • the day on which payment is received when paying by bank transfer.

Orders are then shipped from Monday to Friday (excluding public holidays) within two to three working days of the order being processed.

These shipping times may be extended during busy periods or in the event of a short-term closure. For example: Christmas, Father’s Day, annual closure, stock-taking days.

An email confirming the order has been shipped will be sent to the buyer on the date on which the order was effectively shipped.

Delivery times (starting from the date on which the order was shipped) for delivery addresses in metropolitan France vary according to the transport method chosen: within 24h via Chronopost, within 48h via Colissimo. It is the transporter’s responsibility to comply with these delivery times, and LA MAISON DU WHISKY cannot be held responsible for its failure to do so.

For delivery via Chronopost and Colissimo, a tracking number to monitor order progress is included in the order dispatch confirmation email sent to the buyer by LA MAISON DU WHISKY. Buyers can track their deliveries on the transporters’ websites using the link provided in the email sent by LA MAISON DU WHISKY.

In the event of an order delivery delay exceeding five working days, the buyer may cancel their order and request a refund by sending a letter via registered post with proof of receipt to LA MAISON DU WHISKY, providing the order is not delivered prior to receipt of said letter.

In any event, the buyer may exercise their right of withdrawal in compliance with the guidelines set out in Article 15 of these General Conditions of Sale.

It is expressly agreed that the buyer becomes responsible for products upon delivery, with delivery implying transfer of risk to the buyer.

Products are passed on to a transporter for delivery.
In any event, products are sent at the risk and peril of the buyer, even when sent at LA MAISON DU WHISKY’s expense. In the event of damage, theft, destruction or partial or total loss, the buyer is responsible for seeking compensation from the transporter. LA MAISON DU WHISKY may under no circumstances be held liable in this regard.

Article 17: Product guarantee

The products sold correspond to the specifications given to the buyer on the Online Store when used in strict compliance with the purposes for which they have been sold.
Unless otherwise specified, LA MAISON DU WHISKY cannot under any circumstances be held liable for an amount exceeding the value of the billed merchandise.

Article 18: Intellectual property rights

The www.whisky.fr site and all of its components (such as trademarks, domain names, texts, tree diagrams, software, animations, images, photos, illustrations, packaging, diagrams, logos, sound and music clips) remain the exclusive property of LA MAISON DU WHISKY or third parties who have duly authorised LA MAISON DU WHISKY to use these elements, with the latter retaining the exclusive intellectual property rights to use the relevant components.

No element of the site may be fully or partially used, reproduced, shared or published without LA MAISON DU WHISKY’s prior written approval.

The use of all or part of the www.whisky.fr site, notably the downloading, reproduction, sharing, representation or distribution for any purpose, other than personal and private use for non-commercial purposes, is strictly prohibited.

Article 19: Hyperlinks and comments

The creation of hyperlinks to the www.whisky.fr website is subject to LA MAISON DU WHISKY’s prior written approval, which may be revoked at any time.

LA MAISON DU WHISKY declines all (including editorial) responsibility regarding access to sites - and their content - with a hyperlink to the www.whisky.fr site.

LA MAISON DU WHISKY reserves the right to delete any comment published by a user and/or buyer on the www.whisky.fr website.

Article 20: Access to the Online Store

LA MAISON DU WHISKY reserves the right to make changes to the Online Store and www.whisky.fr website at any time and without prior notice.

LA MAISON DU WHISKY declines all responsibility in the event of interrupted access or inaccessibility to the www.whisky.fr site, the occurrence of bugs, or any damage resulting from fraudulent acts committed by a third party (notably breaches) via the www.whisky.fr site.

Article 21: Circumstances resulting in release of liability

LA MAISON DU WHISKY is released from its obligations in the event of force majeure, exceptional circumstances, or acts of state.

On this basis, the following in particular are considered as cases of force majeure or exceptional circumstances:

  • fires, floods or any other accident that causes the complete or partial destruction of LA MAISON DU WHISKY’s supplies or stock,
  • strikes, lock-outs, without justification needed with respect to the initiating party,
  • natural catastrophes, war, pandemics,
  • loss of driving power or raw materials as a result of reasons of a general nature, such as lack of transport, electrical power, machine breakdown,
  • or any disruption to supply caused by LA MAISON DU WHISKY’s suppliers.

In these cases, the contract of sale that binds LA MAISON DU WHISKY and the buyer is automatically suspended without penalty beginning on the date on which the event in question occurred.

Article 22: Personal data and confidentiality charter

In accordance with the French Data Protection Act of 6th January 1978, modified by the law of 6 August 2004, the gathering and processing of the buyer’s personal data via the www.whisky.fr site has been declared to the CNIL (National Commission for Information Technology and Civil Liberties - declaration no. 795359).

LA MAISON DU WHISKY is responsible for processing personal data, except data processing carried out by FIA-NET S.A.

a. Data collection

Visiting and browsing the www.whisky.fr site requires no sharing of the user’s personal data.

LA MAISON DU WHISKY may collect the buyer’s personal data when ordering products on the Online Store.

The mandatory information required by LA MAISON DU WHISKY in order to fulfill its task is highlighted with an asterisk.

In the event that a user refuses to share information indicated as mandatory, LA MAISON DU WHISKY will be unable to fulfill its task.

The user undertakes to share true and accurate information and not to harm the interests and rights of any third party.

b. Confidentiality charter

LA MAISON DU WHISKY undertakes to protect the confidentiality of the buyer’s personal data.

Sharing of personal data

The buyer’s personal data is shared solely with LA MAISON DU WHISKY with the exception of data shared by the buyer with FIA-NET S.A.

LA MAISON DU WHISKY will only share the buyer’s personal data with third parties in the following cases:

  • when the buyer gives their prior approval to sharing this information (such as for a special promotional event),
  • when LA MAISON DU WHISKY is required to share this information with delivery companies in order to provide the service requested by the buyer, or
  • when LA MAISON DU WHISKY is required to do so by a judicial authority or any competent administrative authority empowered by the law and requiring the information in question in compliance with legislation in force.

 

Storage of personal data

The buyer’s personal data is kept for as long as their account is in use, in addition to either a period of 18 months beginning on the date on which they last browsed the site or used their account, or a period of 18 months from the date on which a request to delete the account is filed, in order to prevent any potential illegal use after the account is deleted (i.e. the use of the buyer’s old account by a third party).

The buyer’s electronic identification details as well as cookies are kept for an 18-month period beginning on the date on which they were collected or last updated.

Right to access, modify, rectify and delete data

The buyer has a general right to access, modify, rectify and delete their personal data.

The buyer may exercise their rights by writing to:

LA MAISON DU WHISKY
8-10 rue Gustave Eiffel
Z.A.C. Entrepôts
92110 Clichy
Fax: +33 (0) 01 47 30 71 91

 

Security measures

LA MAISON DU WHISKY implements measures designed to safeguard the security of files comprising data of a personal nature collected on the www.whisky.fr site.

LA MAISON DU WHISKY has no control over the risks related to online operations and draws users’ attention to the existence of potential risks to data confidentiality.

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