Conditions générales de vente
Article 1 : Prevention
The LA MAISON DU WHISKY Online Store is reserved exclusively for users aged 18 years-old 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 : Généralités
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 and 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.
In LA MAISON DU WHISKY's online store, certain products are marked "Raretés" or "Rare". These "Rare" products are, by their nature, available only in very limited quantities, often, but not always, due to depleted stocks, mothballing or closure of a distillery, or the product's age or exceptional quality. These products are fragile, irreplaceable and highly prized. The purchase of these products in the online store is subject to special terms and conditions not applicable to other orders. These terms and conditions are set out in the present general conditions of sale.
Article 4 : Order
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 fourteen (14) days.
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..
LA MAISON DU WHISKY reserves the right to request additional proof of identity and payment from the buyer for any order over €5,000 or which includes one or more Rare products.
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 €130 (incl. tax) or more for addresses in metropolitan France only. Delivery is free for orders of €250 (incl. tax) or more for addresses in Germany, the Netherlands, Belgium, Spain, Italy, Great Britain and Luxembourg.
In all cases, LA MAISON DU WHISKY reserves the right to choose the transporter and delivery costs on behalf of the buyer based on the specific characteristics of Products.
"Rare" Products, as defined above, will, due to their high value and (virtually) irreplaceable nature, automatically be sent using a Premium shipping method chosen by LA MAISON DU WHISKY. Buyers will be informed of the cost of delivery in the same way as for standard delivery costs.
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
Bank transfers must be made within 10 working days of the order being placed. If the bank transfer is not received within this time, the order will be cancelled.
• by debit or credit 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 voucher
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.
Gift vouchers for the Online Store can be used to pay for any item in the basket, including products and delivery costs, with the exception of additional gift vouchers and lessons at the LMDW Academy.
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 cash.
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 : Site Feedback
After making purchases in the www.whisky.fr store, buyers can rate their buying experience. Users can fill in two satisfaction surveys designed to measure quality of service throughout the purchasing process, thus sharing their personal experiences with AVIS VERIFIES’s online community.
Users can fill in a satisfaction survey designed to measure quality of service throughout the purchasing process, thus sharing their personal experiences with AVIS VERIFIES’s online community.
This survey may be sent by AVIS VERIFIES 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 AVIS VERIFIES.
Incomplete answers or a lack of response to this satisfaction survey have no effect on order placement and processing. AVIS VERIFIES and Whisky.fr are sent personal data gathered through these satisfaction surveys.
Non-personal data will be used by AVIS VERIFIES 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:
AVIS VERIFIES – NET REVIEWS
18-20 Avenue Robert Schuman
Article 13 : 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 14 : The Buyer's right of withdrawal
a ) RIGHT 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 template to be downloaded here : Withdrawal form. Buyers may also request a copy of the form by emailing email@example.com. The choice of whether or not to use the template is left to the buyer’s discretion
The statement may be sent in a number of ways:
- By post to SNPA – LA MAISON DU WHISKY - 9-11, rue Martre - 92110 Clichy-la-Garenne
- By fax to +33(0)1 47 30 71 91
- By email to firstname.lastname@example.org
Upon receipt of the statement, LA MAISON DU WHISKY will immediately issue the buyer with a hard copy of a statement of receipt of the withdrawal.
The right of withdrawal cannot be exercised for bottles that have been opened.
• EFFECTS 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 b).
Refunds include standard delivery costs as stated by LA MAISON DU WHISKY upon ordering. Additional delivery costs are not refunded by LA MAISON DU WHISKY in cases where the buyer has expressly selected a more expensive delivery method than the standard delivery offered by LA MAISON DU WHISKY.
Refunds will be made by the same method as that used by the buyer for order payment, unless another payment method is otherwise agreed upon between the buyer and LA MAISON DU WHISKY.
The buyer undertakes to return received products as soon as possible, at the latest fourteen (14) days from the date on which a statement of withdrawal was issued to LA MAISON DU WHISKY. Withdrawal only takes effect once the products have been returned to LA MAISON DU WHISKY before expiry of the fourteen (14) day period.
The buyer must return the order to the following address:
SNPA-LA MAISON DU WHISKY
13 Rue de la garenne
95310 St-Ouen l’aumône – France
Les frais de renvoi des produits sont à la charge de l’acheteur. These costs vary depending on the weight of the package, and are estimated at a maximum of approximately 50 euros for Metropolitan France and for orders sent abroad. LA MAISON DU WHISKY cannot be held accountable for any inaccuracies in estimating delivery costs.
• BUYER RESPONSIBILITY
The buyer shall be held responsible in the event of damage to the product or its packaging resulting from handling not required for establishing the nature, characteristics and condition of the Product.
b) RETURN AND REFUNDS DUE TO NON-COMPLIANCE:
In the event that the buyer is delivered a non-compliant or faulty product, the buyer can return the Item in question within fourteen (14) days of receipt of the delivery to La Maison du Whisky by following the instructions set out below and which are also available on the Website.
The buyer must notify La Maison du Whisky of its intention to return an Item by emailing the Maison du Whisky customer service team via the Website.
In order to receive a refund, the Customer must return the Items in their original packaging to the following address:
SNPA-LA MAISON DU WHISKY
13 Rue de la Garenne
95310 St-Ouen l’aumône – France
La Maison du Whisky will refund the cost of returning the product upon presentation of proof of payment. Refunds include standard delivery costs as stated by LA MAISON DU WHISKY upon ordering. Additional delivery costs are not refunded by LA MAISON DU WHISKY in cases where the buyer has expressly selected a more expensive delivery method than the standard delivery offered by LA MAISON DU WHISKY. Refunds will be made by the same method as that used by the buyer for order payment, unless another payment method is otherwise agreed upon between the buyer and LA MAISON DU WHISKY. Once the returned Items have been checked, LA MAISON DU WHISKY will provide a refund to the Buyer as soon as possible via the bank account or payment account used by the Buyer to pay for the Items.
Article 15 : Delivery and sheipment 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:
• on the day payment is made online in the Online Store, in the event that payment is made by bank card or Amex (transaction accepted by the online payment solution Dalenys);
• on the day payment is made online in the Online Store, in the event that payment is made by PayPal (transaction accepted by the online payment solution PayPal);
• on the day payment is received, in the event of payment 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.
The delivery time (starting from the date on which the order was shipped) for delivery addresses in metropolitan France is 48 hours via Chronopost. For delivery via Chronopost, Colissimo and DHL, 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 14 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.
Delivery is considered complete upon delivery of the products to the Buyer, except in the event that the Buyer appoints a transporter not offered by La Maison du Whisky.
Article 16 : Delivery errors/faults
In the event of delivery of an Item that does not correspond to the Order made by the Buyer, or in the event of faults linked to transport, the Customer may return the Item in question within fifteen (15) days of receipt of the delivery to La Maison du Whisky by following the instructions set out below and which are available on the Website.
In order to receive a refund or exchange for the Item, the Customer must return the Item in its original packaging to the following address:
SNPA – LA MAISON DU WHISKY
9-11 rue Martre
We will refund the costs incurred for the return of the Item upon presentation of proof of payment. Refunds include standard delivery costs as stated by LA MAISON DU WHISKY upon ordering. Additional delivery costs are not refunded by LA MAISON DU WHISKY in cases where the buyer has expressly selected a more expensive delivery method than the standard delivery offered by LA MAISON DU WHISKY.
Refunds will be made by the same method as that used by the buyer for order payment, unless another payment method is otherwise agreed upon between the buyer and LA MAISON DU WHISKY. In any event, LA MAISON DU WHISKY undertakes to bear any costs relating to the processing of the refund.
Once the returned Items have been checked, LA MAISON DU WHISKY will provide the Customer with their choice of an exchange or refund as soon as possible; if a refund is chosen, this will be made to the bank account or payment account used to pay for the Items.
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.
Article 22 : Personal data and confidentiality charter
La Maison du Whisky undertakes, as part of its activities and in accordance with the legislation in force in France and Europe, to ensure the protection, confidentiality and security of the personal data of users of its services, and to respect their privacy.
This policy applies in particular to customers and users of products and services, and to visitors of the site.
Data Protection Officer Contact :
Article 23 : Cookies
LA MAISON DU WHISKY may save a cookie on internet users' computers. Cookies cannot be used to identify internet users. They do, however, save information on a user's computer about their browsing of the website www.whisky.fr (pages viewed, time and date viewed, etc.), which LA MAISON DU WHISKY will be able to reading during subsequent visits. This enables LA MAISON DU WHISKY to improve internet users' browsing experience by saving information about their activity on the website www.whisky.fr on their computer, notably their log-in details.
Cookies contain information that internet users have provided to LA MAISON DU WHISKY. This means that internet users will not need to fill in the form again the next time they visit the site.
LA MAISON DU WHISKY hereby informs internet users that they can prevent "cookies" from being saved on their computer by configuring their browser accordingly.
Article 24 : Contact
If you have any questions, please send them to LA MAISON DU WHISKY, specifying your request in the relevant area in the section "Contact", which can be accessed from every page of the Online Store.
Contact details for LA MAISON DU WHISKY can also be accessed from every page of the Online Store in the section
"Who are we?".
Article 25 : Absence of tacit waiver
If, at any time, one of the Parties does not exercise its right as recognized under the present General Conditions of Sale, in particular its right not to terminate the sales contract, or if it is late in exercising this right, or does not enforce the execution of any stipulation in the General Conditions of Sale, this can in no event be interpreted as an express or tacit waiver by this Party, neither of its right to exercise this right in the future, nor of its right to enforce strict execution of the commitments made by the other Party to take any action, or any complaint it may have in relation to the other Party's failure to undertake its obligations, nor any right to cancel the present contract for any breach of any kind whatsoever.
Article 26 : Applicable law - Competent courts
The present general conditions are governed exclusively by French law, to the exclusion of all other laws, in particular those of the Vienna Convention on the international sale of goods.