Terms & Conditions

CMONVIN is a registered trademark of SCY SAS

Please read carefully the General Conditions of Sales and use of the site cmonvin.com, which is a trading name of SCY SAS, a company with share capital of 10,000,00 Euros whose registration address is 9 Quai de Bourbon 75004 Paris, France registered with Siret number 4942833203000011.

The purchase of the products offered on the website www.cmonvin.com (hereinafter “Site”) is subject to the present general conditions of sales of the site (“General Conditions of Sales”).

The terms and conditions are subject to change without notice. Please read the Terms and Conditions carefully before confirming to accept them. If you do not agree to any change to the General Conditions of Sales you must immediately stop using the Site.

In order to be able to use certain functions on the Site you will need to register with your email address. When you register you are required to provide information that is accurate and complete. Your information is strictly personal and you agree to keep it secure. In no event shall CMONVIN be liable for any loss, theft or fraudulent use of your customer account. In case of fraudulent use of your customer account you must immediately inform CMONVIN .
CMONVIN reserves the right to refuse an order from a customer who has violated the General Conditions of Sales or has engaged in fraudulent activity or for any other legitimate reason. You authorize us to verify your information to conduct appropriate anti-fraud checks.

Orders that are made in writing can be by email or any other electronic method. Orders made verbally will be confirmed with an invoice. Any discrepancies must be communicated to CMONVIN within 7 days. CMONVIN has the right to cancel the order or adjust the prices following any delay in payment or any increase in taxes, duties or shipping. No reminder nor ‘Notice to Pay’ shall occur.

CMONVIN offers products for sale that are in stock and subject to availability, there is a minimum order of 1500 euros vat excluded for private customer, Professionals should contact us for know our wholesale terms.

There may be errors or modifications due to simultaneous orders of the same product by several customers. In this case, we will inform you by email and refund the payment or offer to order another product as a replacement. Exceptionally a price error may occur in which case we reserve the right to cancel the order and you will be notified as soon as possible. The visuals used on the Site are not contractual. Orders that have not been paid for within 5 days will be cancelled without notice.

CMONVIN keeps the data of your purchase for certain duration, the reordered data is considered as a proof of the content of the transaction. For all orders via Internet you must provide accurate and complete information: title, name, first names, billing and delivery address, email, password.

AGE RESTRICTIONS

By placing an order with CMONVIN, the buyer confirms that he or she meets the minimum legal age for purchasing alcohol in the country where he or she lives. If CMONVIN discovers that the buyer is not legally entitled to purchase alcohol, CMONVIN shall be entitled to cancel the order immediately and without notice.

All prices are net and payment must be made immediatly of receipt of the invoice (electronic or paper) or within 3 days of receipt of the proforma (electronic or paper), always prior to the date of shipment or collection, do not include VAT and duty, are ex-cellar from Paris, France, in Euro per unit, shipping costs are calculated according to the destination, for overseas orders, the prices displayed do not include custom fees and taxes. These custom fees and taxes will be invoiced directly to you by a carrier or a customs agent of your choice. Your order will be effective after the payment of these taxes.

All prices are net and payment is due upon receipt of invoice and before collection/shipment. All invoices must be paid in full including any bank commission fees that may be deducted. Late and overdue payments are subject to a a 6% interest fee per year. The interest charges will start to accrue 30 days after the receipt date of invoice (10 days after the receipt date of the proforma). Such interest is payable without the need for a further reminder. . Any deductions made will be debited. CMONVIN accepts payments in Euros by bank transfer, credit card (Visa, MasterCard), In the event of partial or non-payment within a certain period of time, CMONVIN reserves the right to cancel the order and to charge the buyer a cancellation fee of 35% of the outstanding amount.

The ordered products are insured during the transit to your specified delivery address. From the moment your purchase is delivered to you, the responsibility of the purchased goods passes to you. Orders to PO Box addresses or to any other place where the security of delivery can’t be guaranteed won’t be processed.

Delivery times are 3 to 4 working days for France, 5 to 8 working days for Europe, 2 to 4 weeks for Asia, America. Delivery times vary for other countries (please contact us), these timeframes are provided as an indication currant at the time of the shipment, These delays do not engage our responsibility but only that of the carriers. Also, exceeding the delivery time can not give rise to damages.

CMONVIN is not responsible for delays caused by customs procedures to the place of delivery, nor is CMONVIN responsible for the delays caused solely by the carriers and therefore also not responsible for the damages or expenditure caused by that.

Insurance: The cost of insurance is under one (1%) of the value of the order for all destinations or for any mode of transport.

RECEIPT OF GOODS :
The goods travel under cover of the transport regulations in force. For the handling of a dispute, (breakage, missing, damage), the reservations must be precise, characterized and stipulated on the transport document at the time of delivery and be reported to the carrier by fax, e-mail or mail within 3 days of receipt. As soon as we have become aware of the dispute, by fax, e-mail or mail (within eight years at the latest) we will use the insurance and refund or replace the wines by following.

Careful! : Formulas of the type "subject to unpacking" are null and void by operation of law.

In accordance to your right of withdrawal, you can request a refund or exchange of your order placed with CMONVIN within fourteen (14) days of the date of delivery. In this case you have to send a retraction notice to the following address: CMONVIN 9 quai de Bourbon 75004 Paris, France.

The shipping costs and return costs are the responsibility of the buyer in case of exchanges, the shipping costs of the second shipment will be invoiced. The cost of return and any handling costs are the responsibility of the buyer, the buyer is also responsible for transport and loss of product, and therefore we advise you to insure the product you wish to return to CMONVIN.

Please contact our Customer Service at the following address: CMONVIN 9 quai de Bourbon 75004 Paris, France to register your return. Then please return your package to the following address: CMONVIN 9 quai de Bourbon 75004 Paris, France. We will refund you by the means used at the time of your purchase latest 14 days after receiving the goods returned. Items returned that are damaged or stained will be refused or send back to the customer. Original wooden boxes, authenticity cards and numbered brands, papers, boxes and protective covers must be included in the return. CMONVIN reserves the right to decide whether the products returned are in their original condition.

The logos, illustrations, drawings, texts, images etc. are the property of CMONVIN. It is forbidden to copy, modify, display, transmit, publish or sell the contents of the website cmonvin.com. This site is only for the purpose of your personal use, you may not use this site for commercial or advertising purposes.

CMONVIN shall be in no case responsible for any damage or incident resulting from your use of the cmonvin.com site. CMONVIN can not guarantee presence of viruses etc. on cmonvin.com site.

We are not responsible for any loss of profit resulting from your use of the cmonvin.com website. Errors and modifications may exist; CMONVIN excludes any form of warranty related to the conditions of use of the site cmonvin.com to the fullest extent permitted by law.

CMONVIN undertakes the proper safekeeping and storage of wines in its possession but is not responsible or liable for the state and condition of the wines or whether the wine corresponds to the quality which might be expected from its description. Foreign wines bottled in the production country or elsewhere will not be replaced nor credited. CMONVIN must be notified of any defects or irregularities no later than 8 days after the collection or the receipt of the goods.

At CMONVIN, we are committed to protecting and respecting your privacy, This notice sets information regarding CMONVIN and how any personal data you provide to us will be processed. If you would like more information about how we collect, use and store your personal data, you can contact us at any time by emailing customercare@cmonvin.com, or writing to CMONVIN 9 quai de Bourbon 75004 Paris, France.

We collect your personal data when you place an order, call our Customer Care office, sign up for our marketing communications, browse our website or use the other services offered by our website (www.cmonvin.com). The data we collect includes details you provide to us, such as your given name and surname and your shipping and billing addresses. We also collect data regarding your shopping habits and the pages and products you have viewed from your use of the website.

We use this data to take your orders, process your payments and deliver the items you have purchased, give you access to services reserved for registered users, such as Wish Lists and product alerts, provide you with help and assistance via our Customer Care office.

In most instances, we will process your data because we have a contract with you e.g. to deliver your purchases, or to provide you with other services you have requested.

We will also use your personal data to send you sales and marketing communications that we believe may be of interest to you if we have your explicit consent for this activity, or if you are an existing customer where we have a legitimate interest in communicating with you. You can opt out of sales and marketing communications from us at any time.

Your personal data will be processed by CMONVIN as the data controllers, and may also be processed by other Group companies acting under our instructions.

The data collected during your purchase of goods on www.cmonvin.com are retained in accordance with local tax law (seven years in the france), while those data used to send you our marketing communications are retained until you ask to be unsubscribed.

Under the Law, you have the right to know what personal data of yours we are processing, where that data came from and how we are using that data.
Ask us to update, correct or supplement the data we hold about you.
Withdraw consent for processing for a specified purpose.
Ask us to delete or erase your data from our systems.
Limit or oppose our processing of your data.
Ask us to supply the personal data we hold about you in an easy readable electronic format, or transfer that data direct to a third party nominated by you.

Some of the cookies on our online services are essential for us to be able to provide you with a service you have requested. An example of this would be a cookie that enables you to log into your account on the website, or one which allows communication between your browser and the website.

Our cookie-preference cookie, described in the section ‘How to reject or opt out of receiving cookies’, is also an essential cookie. You may not be able to use our website without these cookies.

Website functionality cookies enable you to browse our online services and use features such as shopping baskets and wish li
sts.

We use website analytics cookies to measure and analyse how our customers use our online services, An example is counting the number of different people visiting our website or using a particular feature.

When browsing or shopping online, our Customer preference cookies will remember preferences you make, This improves your experience and makes your browsing simpler, easier and more personal to you.

If you want to delete any cookies that are already on your computer, please refer to the help and support section on your internet browser for instructions on how to locate the file or directory that stores cookies.

Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

The General Conditions of Use are written in English and interpreted in accordance with the France law; in case of a dispute, France courts have exclusive jurisdiction. CMONVIN may apply to a court where you are domiciled.

CMONVIN are on the front line in combating wine and spirits fakers, we reject bottles that are either not authentic, or that we simply deem questionable or problematic.

Our staff have been trained for any bottles that require additional verification.

Physical Check : Looking at each bottle and asking if it is genuine. Are there spelling mistakes on the label ? Does the packaging have a low quality of craftsmanship ? Is the fill level too high ? Does the seal look damaged or tampered with? Is there a tax strip ? If so how and where is it attached and is it the correct kind for this bottle’s era ?

Research : Comparing labels, liquid colour, fill level, glass codes, seals etc. with other examples.

Provenance : Researching the source of the bottle and gaining information on its provenance.

Expert opinion: We do not hesitate to ask for a second opinion. We consult with industry experts when assessing potential fakes. We also contact the relevant distillery as well as specialist collectors to ensure the highest possible level of scrutiny.

GENERAL TERMS AND CONDITIONS OF SALES MANDATE

Article 1 – Sales process
1.1 The seller offers a product for an expertise, for this, he must complete the estimate request form on the Cmonvin site, of the product he wishes to have appraised, the seller can also contact directly by phone or email, it is possible that the seller travels directly to one of our points of sale.

1.2 Cmonvin Specialists carry out a first examination of the bottle offered by the seller, if the bottle is compliant, this first examination is followed by a commercial offer, adapted to the market situation and the particularities of the seller's product, the commercial offer is sent by email and accompanied by the sales mandate.

1.3 The seller may accept or refuse the conditions of sale offered by Cmonvin.

1.4 If the seller accepts the conditions of sale, he returns by email a confirmation of the acceptance of sale proposed by Cmonvin, the sales mandate will be signed and made available to Cmonvin when the bottle is finally made available by the seller.

1.5 The seller may also refuse to entrust the bottle after the commercial offer of Cmonvin in this case, the process stops here, knowing that the first examination carried out remains free.

1.6 The sale is resumed to take place when Cmonvin acknowledges receipt and collection of the full price of the transaction paid by the buyer, the payment of the price of the transaction by the buyer to Cmonvin is worth agreement on the offer of the seller.

1.7 The seller retains full ownership of his bottle, and this, until the completion of the transaction, Cmonvin is deemed to be mandated by the seller to do everything necessary at the conclusion of the transaction.

1.8 If the bottle entrusted by the seller does not find a buyer under the conditions indicated in the sales mandate, Cmonvin could propose to the seller to sell possibly under new conditions, in any hypothesis, if the bottle remains unsold after 90 days, Cmonvin will offer the seller with its agreement an option to revise the initial sale price, the seller will have, if he so requests, the option of immediately recovering the bottle.

Article 2 – Liability
2.1 The seller declares and guarantees to have the right to transfer ownership of the bottle(s) transferred, that they are not (are) in any way already assigned, pledged or pledged, encumbered or more generally devolved in favor of a third party, and that the transaction he carries out is not likely to violate the rights of a third party, the seller certifies by the sole fact of the authorization of sale of the bottle by cmonvin on its website and in its points of sale complies with the legal rules in force, in particular any particular regulation, the seller guarantees and will indemnify at the first request of Cmonvin against any damage suffered by Cmonvin and against any liability action that would be brought against Cmonvin on the basis of the violation of any right of a third party, in the case of characterized fraud, concealment, illegal importation, etc., Cmonvin will communicate all the necessary information, including nominative information, to the competent services responsible for the repression of said fraud and offenses.

Article 3 – General provisions
3.1 Cmonvin has the right to modify these conditions according to the evolution of its offer and the market, any modification will take effect immediately for sales upon notification to members by any means chosen by Cmonvin, they will not apply to transactions in progress at the time of their entry into force.

Article 4 – Termination
4.1 The sales mandate of the sellers by Cmonvin concluded under these general conditions of sale is a contract of indefinite duration, as such, it is irreliable at any time by Cmonvin without particular reason by simple notification which has no effect on the duration of the agreements concluded between Cmonvin and the seller who has accepted the offer to sell the product defined therein, constitutes an offer that is irrevocable for 90 days from the date of sale, unless otherwise agreed between the parties during or at the end of this 90-day period.

4.2 Early termination of the sales mandate by the seller will result in a fee charged to the seller of 125 euros for First Growth Bordeaux and Burgundy wine ( Pemier Cru ) and 75 euros for all other bottles.

Article 5 – Protection of personal data
5.1 In accordance with Article 15 of Law 78-17 of 6 January 1978 on information, it is recalled that the personal information collected during transactions is subject to automated processing, the data recorded is used to respond to the various services offered by Cmonvin by approving these general conditions of use, the member gives his agreement to the said use of the data concerning him, the member is also informed that his authorization will be requested as to the transmission of said data to the partner members of Cmonvin, in any case, in the context of compliance with the data protection laws, and in application of article 27 of the law 78-17 of January 6, 1978, the member of Cmonvin has a right to access, rectify and oppose data concerning him directly on the website via the contact section or by writing to Cmonvin, 9 Quai de Bourbon 75004 Paris, indicating surname, first name, email address.

Article 6 – Applicable law, attribution of jurisdiction
6.1 These conditions of use are governed by the provisions of French law as well as all contracts that will be concluded between the sellers and Cmonvin, any dispute with a seller acting in a professional capacity and arising on the occasion of its interpretation and / or execution is the jurisdiction of the Commercial Court of Paris.