GENERAL TERMS AND CONDITIONS OF SALE by Internet

applicable to non-professionals*

mon millesime

specialist in THE SALE OF AGED wines

“Non-Professionals are considered as any persons acting for purposes that do not fall within the framework of their professional, commercial, or freelance activity, and who conclude a contract that is not related directly to their professional activity.

ARTICLE 1: SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALES

These General Terms and Conditions of Sale apply, without restriction or reserve, to all the sales concluded by the Company MON MILLESIME (“the Vendor”) with non-professional consumers and buyers* (“Customers or Customer”), wishing to acquire the Wines available for sale by the Vendor either remotely or on the website: monmillesime.com (and also monmillesime.fr; and monmillesime.uk)

The general terms and conditions of sale specify, in particular, the conditions for orders, payment, delivery and the management of any returns of Wines ordered by Customers.

The photographs presented on the website monmillesime.com are non-contractual and the Vendor may not be held liable for them.

The Wine selection is subject to available stock, as specified when placing the order.

These General Terms and Conditions of Sale apply with the exclusion of all other conditions and, in particular, those which apply for sales in store or via other distribution and retail circuits.

These General Terms and Conditions of Sale can be consulted at any time on the website monmillesime.com, and will prevail, if necessary, over any other version or any other contradictory document.

The Customer acknowledges having read these General Terms and Conditions of Sale and having accepted them by ticking the box provided for this purpose before proceeding with an online order on the website monmillesime.com.

These General Terms and Conditions of Sale may be subject to modifications at a later date and the version which applies to the Customer’s purchase is the one in force on the website on the date the order is placed.

Unless proven otherwise, the data saved in the Vendor’s computer system constitutes proof of all the transactions concluded with the Customer.

The validation of the Order by the Customer implies acceptance without restriction or reserve of these General Terms and Conditions of Sale.

Protection of minors

The Customer acknowledges having the requisite capacity to contract and acquire the Products proposed on the website monmillesime.com.

In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under eighteen (18) years of age is forbidden, customers declare, by completing the order form, that they are over eighteen (18) years old on the date of the order by ticking the appropriate box.

Without it being possible for it to be understood as a waiver of the exclusive application of French law by the company MON MILLESIME, customers domiciled outside of France also declare that they are in compliance with the rules of their country of domicile with regard to any restrictions involving the purchase of alcohol and, in particular, that they are of the requisite legal age for this purpose, without it being possible for MON MILLESIME to be held liable in any whatsoever.

ARTICLE 2 - Orders

Any order placed on the website monmillesime.com constitutes the formation of a contract concluded remotely between the Customer and the Vendor.

– Selection of Products

It is up to the Customers to select on the website monmillesime.comthe Wines that they wish to order.

Once Customers have accessed the Website, they can select the wine(s) they want to order and add them to their basket located on the right-hand side of the screen.

They may, at any time, remove Products from their basket or modify the quantity of Products by clicking on the buttons provided for this purpose.

The Wine selection is valid for as long as it is visible on the website, subject to available stock.

-The order process involves 5 main steps:

1-Tab 1: Order summary

A summary of the order appears on the screen.

At this stage, Customers may delete Products from their basket or modify the quantity of Products by clicking on the buttons provided for this purpose. Customers are also able to verify the details of their orders, their total price, delivery costs, and correct any errors before confirming their acceptance (article 1127-2 of the Civil Code).

Once the wine(s) have been selected, Customers can validate their basket by clicking on the “ORDER” button and proceeding to the second tab *login”.

By clicking on this button, Customers acknowledge and expressly waive the benefit of article 1587 of the Civil Code.

2- Tab 2: Customers connection to their customer account or creation of the customer account

At this stage, customers must create their customer account by completing the fields concerning their identity, email address, etc. They are asked to create a personal login code.

By creating this account, customers accept the company’s privacy and data storage policy.

To proceed to the next tab, the customer must click on the “ORDER” button

3- Tab 3: Registration of the delivery and billing address by customers

Customers are asked to enter the address at which they wish to receive delivery and the address at which they wish to be billed.

If the delivery address is the same as the billing address, customers will be able to tick the box “Use the same address for billing”.

In this tab, customers are able to leave a message with any specific instructions for delivery (floor, door code, etc.).

Once the addresses have been entered, customers are asked to proceed to the next tab by clicking on the button “ORDER”

4- Tab 4 Delivery:

Next, the Delivery tab opens with a selection of delivery methods.

Customers select their delivery option:

-Collection from a store.

-Delivery by a carrier, determined according to the place of delivery selected by customers; the carrier’s delivery times are provided for information.

Once the choice has been made, customers are asked to read the general terms and conditions of sale and to accept them without reserve. They tick the relevant box and proceed to the next step by clicking on the “order” button.

If customers fail to accept the general terms and conditions of sale, they are unable to continue with their order.

5- Tab 5: Payment: selection of payment method

By clicking on the payment button, Customers expressly acknowledge that they are required to pay the amount of the order in order to receive delivery.

- Order confirmation

Once their order has been finalised, Customers will receive an email confirming their order at the address indicated when creating their account.

This email will confirm the essential elements of the order and, in particular, the product(s), price(s) of the product(s), and the delivery times and methods. This email will also recall the terms and conditions by which Customers are able to exercise their right of withdrawal.

It is up to Customers to verify the accuracy of the order and immediately report any error.

The Vendor reserves the right to cancel or refuse any order from Customers with which a dispute concerning the payment of a previous order is in progress.

The sale will only be considered final once Customers have received confirmation by email that the order has been accepted by the Vendor and after the latter has received full payment for it.

Customers will receive an email informing them of the preparation and shipping of their order and they will be able to follow their order by contacting the sales service for information.

ARTICLE 3 - Prices

-The Wines are sold at the prices in force shown on the website monmillesime.com when the Vendor registers the order.

-The prices are provided in Euros and include VAT.

For Wines shipped outside of the European Union, the price will be calculated automatically without any VAT on the invoice.

-The prices do not include processing, shipping, transport and delivery costs which are billed additionally following the conditions indicated on the website and calculated prior to placing the order.

-In the case of a sale to a country other than mainland France, Customers are the importers of the Wine(s) concerned.

Customs duties or other local taxes, import duties or State taxes may apply. They will be payable by and are the sole responsibility of the Customers.

The prices are fixed and non-revisable during their period of validity, as indicated on the website monmillesime.com, with the Vendor reserving the right to modify the prices at any time outside of this period of validity.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Vendor and sent to the Customer on request.

Specific orders from Customers may be possible. If applicable, these will be subject to a quote accepted by them. Quotes drawn up by the Vendor are valid for a period of 10 days from the date of their issue.

ARTICLE 4 - Payment conditions

The price is payable by Customers in cash and in full on the day the order is placed via the secure payment facilities and according to the following methods:

- by credit card: Visa, MasterCard, Eurocard.

- by bank transfer: the company’s bank details are sent to customers by email when they select this payment method.

ARTICLE 5 - Delivery

The delivery constitutes the transfer to Customers of the physical possession or control of the Wines ordered.

The Wines ordered by Customers will be delivered, in principle and except in the event of exceptional circumstances, within an indicative period of 3 working days in France and 15 working days for European countries that do not have an alcohol restriction import policy, following the date of receipt of the order and its payment.

The Vendor undertakes to do its very best to ship the Wines ordered by Customers within the afore-mentioned timescale.

However, if the Wines ordered are not delivered within a period of 30 calendar days after the indicative delivery period, for any cause other than force majeure or the Customers’ doing, the sale may be cancelled on written request by Customers subject to the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by Customers will be reimbursed at the very latest within fourteen days following the date of the termination of the contract, with the exclusion of any compensation or withholding.

Except in specific cases or the unavailability of one or more Wines, the Wines ordered will be delivered in one batch.

The order will be shipped to the address indicated by Customers when they placed their order on the website.Parcels returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense.

Deliveries are made by an independent carrier to the address provided by Customers when placing their order and which the carrier must be able to easily access.

Customers must sign a paper or an electronic delivery note to certify receipt.

The Customer is required to immediately check the parcel and the condition of the Bottles of Wine delivered.

Customers must indicate any anomalies concerning the delivery (damage, missing product, damaged parcel, broken products, etc.) in writing on the delivery note along with their signature.

This verification is considered to have been carried out once the customers, or a person authorised by them, have signed the delivery note.

If, at the time of delivery, the original packaging is damaged, torn, open, customers must check the condition of the articles. If they have been damaged, customers must refuse the parcel and make a note of their reservations on the delivery note (parcel refused because open or damaged).

Customers have a period of Forty-Eight hours following delivery to formulate by email or any other method of their choice any reserves or complaints concerning non-conformity or visible defects in the products delivered along with all relevant documents of proof (in particular photos).

After this period and in the event of failing to comply with these formalities, the Wines delivered will be deemed conform and free of any apparent defect and no complaint may be validly accepted by the Vendor.

The Vendor will reimburse or replace as soon as possible, at its own expense, Wines delivered with conformity defects or apparent defects that have been proven by Customers in accordance with the conditions provided for in articles L 217-4 and following of the Consumer Code.

When the Customers themselves use the services of a carrier or a representative which they have chosen, the delivery is deemed to have been made when the Wines ordered have been transferred by the Vendor to the carrier or representative [when the Wines ordered have been transferred to the carrier or representative] [sic] which has accepted them without any reserves. Therefore, Customers acknowledge that it is up to the carrier or the representative to make the delivery and that they do not have any warranty claim against the Vendor in the event of a failure to deliver the transported Wines.

In the case of a specific request by the Customer concerning the packaging or transport conditions of the Wines ordered, duly accepted in writing by the Vendor, the associated costs will be subject to specific additional billing on the basis of a quotation accepted beforehand in writing by the Customer.

ARTICLE 6 - Transfer of property - Transfer of risks

The transfer of the ownership of the Wines to the Customers will only become effective after the full payment of the price of the latter regardless of the delivery date of the said Wines.

Whatever the date of transfer of ownership of the Wines, the transfer of the risk of loss and damage relating thereto will only become effective when the Customers, their representative, or their carrier, if they specifically delegate one, take physical possession of the Wines.

Therefore, the Wines travel at the Vendor’s risk, unless the customers themselves call upon the services of a carrier that they have chosen.

ARTICLE 7 - Right of withdrawal

In accordance with the French legal provisions in force, Customers have a fourteen-day period from the date of receipt of the Wines to exercise their right of withdrawal with regard to the Vendor, without having to justify any reason or pay any penalties, in order to exchange them or refund them, provided that the Wines are returned in their original packaging and in perfect condition within 10 days following notification of the Vendor of the Customers’ decision to withdraw.

The right of withdrawal may be exercised online using the withdrawal form available in the appendix of these terms and conditions and on the website monmillesime.com, in which case an acknowledgement of receipt on a durable medium will be sent immediately to Customers by the Vendor, or any other unambiguous declaration expressing their wish to withdraw.

In the event of exercising the right to withdrawal within the aforementioned period, only the price of the Wines purchased and the delivery costs are refunded; the cost of returns are payable by the Customers and will be made in identical packaging conditions as those of the initial delivery which help to ensure the good conservation of the wine.

The exchange (subject to availability) or refund will be made within 14 days from the date of receipt by the Vendor of the Wines returned by Customers in the conditions provided for in this article.

ARTICLE 8 - Miscellaneous clauses and Conservation of the wines

The Company MON MILLESIME specialises in the sale of aged wines. These are aged, or exceptional, and often rare bottles. The company MON MILLESIME takes great care to ensure that its Wines are stored in ideal conditions in an air-conditioned space.

The Wines are natural and living goods.

Apart from the right of withdrawal, no wines will be taken back, exchanged or refunded, including in the event of “corked wines”, in accordance with uses, except in specific cases of non-conformity or proven hidden defects.

The Vendor may not be held liable in the event of poor conservation of the wine by customers, such as an excessive temperature variation, or a lack of humidity. Customers must be able to justify the conditions in which they have kept the wines from the moment they were delivered.

The Vendor’s guarantee is, in all cases, limited to the replacement or refund of Wines that are non-conform or affected by a critical flaw proven by an expert.

ARTICLE - Data Freedom - GDPR

By virtue of the Law 78-17 of 6 January 1978 modified by the Law No. 2018-493 of 20 June 2018, it is recalled that personal data requested from Customers is required to process the order and, in particular, todraw up invoices.

This data may be communicated to the Vendor’s partners in charge of the implementation, processing, management, and payment of orders.

The processing of the information communicated via the website MON MILLESIME meets the legal requirements concerning the protection of personal data, with the information system used ensuring the very best protection of this data.

In accordance with national and European regulations in force, Customers benefit from a permanent right of access, modification, rectification, opposition of portability, and limitation of processing with regard to their personal data,

This right may be exercised following the conditions and terms defined on the website MON MILLESIME, in the GDPR tab.

ARTICLE 10 - Intellectual property

The content of the website monmillesime.com is the property of the Vendor and is protected by French and international laws concerning intellectual property.

Any reproduction, whether full or partial, of this content is strictly forbidden and may constitute an offence of infringement of copyright.

ARTICLE 11 - Applicable law - Language

These General Terms and Conditions of Sale and the resulting operations are governed by and subject to French law.

These General Terms and Conditions of Sale are written in French. In the event of them being translated into one or more foreign languages, only the French text will be binding in the event of a dispute.

ARTICLE 12 - Disputes

Any disputes which may arise from the purchase and sales operations concluded by virtue of these general terms and conditions of sale with regard to their validity, interpretation, performance, termination, consequences, and other aspects which have not been resolved between the seller and the customers will be submitted to the competent French courts under the conditions of common law.

Customers are informed that, in all cases, they may resort to conventional mediation, in particular by the Consumer Mediation Commission (Consumer Code article L 612-1) or by sectoral mediation bodies that exist, the references of which appear on the website monmillesime.com or any other alternative method for settling disagreements (conciliation, for example) in the event of a dispute.

ARTICLE 13 - Pre-contractual information - Customer’s acceptance

The fact of an individual (or legal entity) placing an order on the website monmillesime.com implies adhesion to and full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, and the Customers’ agreement, in particular, not to recognise any contradictory document, which would be unenforceable by the Vendor,

GENERAL TERMS AND CONDITIONS OF THE REMOTE

SALE OF GOODS BETWEEN PROFESSIONALS*

*Professionals are considered as any persons acting for purposes that fall within the framework of their professional, commercial, or freelance activity, and which conclude a contract that is directly related to their professional activity.

ARTICLE 1 – Scope -Entire agreement

These general terms and conditions aim to define the rights and obligations of the parties in the framework of the online sale of the Wines offered by the retailer to the professional buyer, the definition of which is recalled above.

These general terms and conditions constitute the sole basis of the commercial relationship between the parties and, in this respect, the buyer is deemed to have accepted them without reserve.

These general terms and conditions of sale will prevail over any other document, and in particular, over all general terms and conditions of purchase.

The vendor and the buyer agree that these general terms and conditions alone govern their relationship.

The vendor reserves the right to occasionally modify its general terms and conditions. They will enter into force as soon as they are posted online.

If a condition of sale is not provided for herein, it will be deemed to be governed by what is customary in the sector of remote sales for companies whose registered offices are located in France.

These general terms and conditions of sale can be consulted online and also communicated to any buyer that requests them in order to allow them to place an order.

ARTICLE 2 - Orders

Any order placed on the website monmillesime.com constitutes the formation of a contract concluded remotely between the Buyer (also called the Customer) and the Vendor.

– Selection of Products

It is up to the Customer to select the Wines that they wish to order on the website monmillesime.com.

Once Customers have accessed the Website, they can select the wine(s) they want to order and add it/them to their basket located on the right-hand side of the screen.

They may, at any time, delete Products from their basket or modify the quantity of Products by clicking on the buttons provided for this purpose.

The Wine selection is valid for as long as it is visible on the website, subject to available stock.

-The order process involves 5 main steps:

1-Tab 1: Order summary

A summary of the order appears on the screen.

At this stage, Customers may delete Products from their basket or modify the quantity of Products by clicking on the buttons provided for this purpose. Customers are also able to verify the details of their orders, their total price and delivery costs, and correct any errors before confirming that they accept (article 1127-2 of the Civil Code).

Once the wine(s) has/have been selected, Customers can validate their basket by clicking on the “ORDER” button and proceeding to the second “login” tab.