Article 1: Preamble

These general terms of sale apply solely between the Caves Bernard-Massard
8, rue du Pont
L-6773 Grevenmacher

Tel.: +352 75 05 45-1
Fax: +352 75 06 06 (hereafter referred to as "We/Us")
and anybody visiting or making a purchase via the www.bernard-massard.lu site (hereafter referred to as "You").

Every internet user can familiarise himself/herself with the general terms of sale on the www.bernard-massard.lu site (hereafter referred to as the "Site"). As these general terms of sale can be subject to modifications, the terms applicable are those in force on the Site when your order is placed.

Article 2: Contract

2.1 Terms for ordering

You confirm that you are at least 18 years old and you have the legal capacity or have parental authority allowing you to order on the Site.

Any order placed on the Site must meet the normal needs of a household.

2.2 Contract completion stages

After having placed your order, We send You an email confirming the constituent parts of your order and advising You of the possibility of altering your order (especially adding or deleting an item) up until the date that your items are sent.

We advise You by email about the dispatch of your items. This email constitutes our acceptance of your order and thus forms the sales contract between Us and You.

Article 3: Price, availability and delivery

The prices displayed on the Site are shown in euros, Luxembourg post-paid for all orders over EUR 125 inclusive of taxes, excluding a share in gift wrapping expenses. For every order to be delivered outside Luxembourg: freight charges in addition.

We can accept your orders up to the limit of stocks available. We cannot be more specific about this availability. Delivery times are mentioned for indicative purposes and We cannot guarantee these times under any circumstances.
If, despite our best efforts, the items are not available, We shall advise You of this by email as quickly as possible. (i) In the event of unavailability in the times indicated, We reserve the possibility to offer You a replacement item of an equivalent quality and price. In the event that We cannot supply You with an item of an equivalent quality and price, You may cancel your order. (ii) in the event of permanent unavailability, and if We cannot supply You with an item of an equivalent quality and price, Your order will be automatically cancelled.

We would remind you that your payment card is only debited at the time of dispatch of your order. Therefore, in the event that an item is unavailable and no replacement item can be delivered to you, your payment card will not be debited.

Despite all of our efforts, it may be that a small number of the items appearing on Our Site have a price error. Be assured, however, that We check the prices when your item is sent. If the corrected price is lower than the price displayed on the Site, We shall charge You the lowest price and shall send You Your item. If the corrected price is higher than the price displayed on the Site, We shall advise You of this and will cancel your order unless You choose to accept the order at the new price.

Article 4: Customs duties

Every order placed on the Site and delivered outside Luxembourg may be subject to taxes and customs duties which are charged when the package reaches its destination. These possible customs duties and taxes associated with the delivery of an item are payable by you and are your responsibility. We are not obliged to check and advise You of the customs duties and taxes applicable. To find out about them, We advise You to inquire at your country’s relevant authorities.

Article 5: Payment

You can pay by payment card.

Cards issued by banks domiciled outside Luxembourg must be international bank cards.

Article 6: Returns

We undertake to take back any product that is unsuitable and will issue a credit note for this.

This undertaking is limited to the year of delivery of the product, with the invoice being deemed proof.

In the event of delivery of an item that does not conform to your order or is damaged during transit, please contact us.

Article 7: Title retention

Goods delivered remain our property until You have fulfilled all of your obligations to Us, and in particular until full payment of the price.

Article 8: Guarantees and liability

We do not accept any liability in the event that the item delivered does not comply with the legislation of the country of delivery.

We undertake to act with the customary care for the profession. Nevertheless, we may not be held liable in the event of breach of our contractual obligations because of a fortuitous event or a case of force majeure as defined by the case law of the Luxembourg courts.

In the event of immaterial differences between the presentation photos of the products on our Site, wordings and illustrations and the items ordered, we shall not be held liable.

We shall use all of the resources at our disposal to carry out the services that are the subject of these General terms of sale. We are liable for any direct, foreseeable damage at the time of use of the Site or of the conclusion of the sales contract between Us and You. Under no circumstances shall we be liable for losses of profits, business losses, losses of data or loss of earnings or any other indirect damage or damage that was not foreseeable at the time of use of the Site or of the conclusion of the sales contract between Us and You.

The limitation of liability referred to above does not apply in the event of fraud or gross negligence on Our part, or in the event of bodily injury or liability arising out of defective products.

Article 9: Site access permit

We grant You a limited permit to access to and use of the Site for your personal use. Under no circumstances are You authorised to download or amend all or part of this Site without express written authorisation. This permit, under no circumstances, allows You to use this Site or its content (products listed, descriptions, prices, downloading or copying of information for the benefit of another trader, use of data, software, graphics, pictures, wordings, photographs, tools) for sale or for any other commercial use.

This Site or any part of this Site must not, under any circumstances, be reproduced, copied or made use of for commercial reasons without our express written authorisation.

You must not use technologies allowing a trademark, logo or any other information (in particular pictures, text, artwork) of which we are the owners to be copied without our express written agreement. You must not use the meta tags or any other "cached" text containing our name, our trademark or that of the companies in our group without our express written agreement. Any unauthorised use shall end the permit that We have granted You.

We authorise You, on a non-exclusive and revocable basis, to create a hypertext link to the Site’s welcome page on condition that this link cannot create for Us, or our products or services, an untrue, false, derogatory character or which may be detrimental to Us. Under no circumstances may We be held liable, in any way whatsoever, for the creation of this hypertext link regarding the content of your site. Any use in your link of our logo, trademark or graphics requires our express written authorisation.

Article 10: Comments, criticisms, communications and other content

The users of this Site can send Us criticisms, communications or any other content, submit suggestions, ideas, questions or any other information as long as that content is not illegal, obscene, abusive, threatening, defamatory, contravening intellectual property rights, or detrimental to third parties and does not consist of or contain computer viruses, political activism, commercial enticements, mass mailing, chains or any other form of “spam”. You must not use a false email address, usurp the identity of a person or an entity, or lie about the origin of the content.

Article 11: Personal data protection

We undertake to protect the data that is personal to You. All personal data that we have collected about You is handled with the strictest confidentiality, in accordance with the provisions of our personal data protection policy.

Article 12: Governing law and competent jurisdiction

These general terms of sale are subject to Luxembourg law. All disputes relating to the business relationship existing between You and Us are subject to the exclusive jurisdiction of the Luxembourg law courts.

Article 13: Identification

Bernard-Massard is a trademark used to define Les Caves Bernard-Massard SA.

This website belongs to and is managed by Les Caves Bernard-Massard SA.

Caves Bernard-Massard SA
8, rue du Pont
L-6773 Grevenmacher
EU VAT number: LU 10407130

You can contact Us by using this link:
http://www.bernard-massard.lu/en/contact/formulaire_contact/

If You think that any content appearing on our Site is likely to infringe any of your intellectual property rights, or if You have a question regarding our Site, You can write to Us at the following address:
Caves Bernard-Massard
8, rue du Pont
L-6773 Grevenmacher