General terms and conditions of sale
Alcohol abuse is dangerous for your health, consume in moderation. The sale of alcohol to minors under the age of 18 is prohibited.
Dernière mise à jour le 2 Septembre 2023
These General Conditions of Sale apply to all orders placed through the website https://cocamariani.com/ and this whatever the clauses which can appear on the documents of the purchaser.
The Customer acknowledges having read and accepted the terms of these General Terms and Conditions of Sale. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its headquarters shall apply.
COCA MARIANI undertakes to accept orders made under the terms of these Terms and Conditions of Sale and within the limits of available stocks.
In the event of a stock shortage, COCA MARIANI undertakes to communicate the supply times necessary to obtain the desired product or to offer a replacement product. COCA MARIANI shall honour each order by making one or more deliveries of the products ordered.
By validating his order, the Customer declares to have taken knowledge and to accept the present General Conditions of Sale. The preparation and shipment of an order can be implemented only after receipt of payment. An invoice will be sent by email as soon as the order is shipped.
COCA MARIANI reserves the right to cancel any orders that are not in compliance with the terms of the contract or that are questionable, as well as those from a customer with whom there is any dispute.
The prices indicated include all taxes (applicable VAT, excise and all other taxes applicable on the day of the conclusion of the order, any change could be reflected in the price of the products).
In case of delivery outside of Metropolitan France, the prices displayed are inclusive of VAT and are supplemented by excise duties and other taxes of the Customer 's country (and any other taxes applicable on the day of the conclusion of the order, any change being able to be reflected on the price of the products), as well as administrative costs for customs formalities.
The prices of the products may change at any time depending on the pricing policy of COCA MARIANI. The products ordered shall be invoiced at the price in effect at the time the order is placed.
Product offers and prices are only valid as long as they are visible on the site and within the limits of available stocks.
The prices displayed are net and exclude shipping costs. Shipping costs may vary depending on the number of products ordered and the country of shipment.
The products and promotional offers are offered while stocks last.
COCA MARIANI shall not be liable for any shortage of stock which would result in a delay in the delivery of the order.
In the event of unavailability of one or more products after the validation of the order, COCA MARIANI undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer, COCA MARIANI may modify the order or reimburse the Customer for the unavailable product(s) by crediting the payment card used to place the order.
COCA MARIANI delivers in France and abroad, for which customs formalities are required. The shipping costs are automatically calculated on our site according to the destination of the order and the quantity of products ordered.
Deliveries for any other destination will be subject to a specific estimate.
The wines come from our domain and are stored on the logistic platform of Plugwine located in Mâcon.
The delivery time of the orders is 7 working days for Metropolitan France after the reception of the payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These times are indicated in the order confirmation received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer.
The Customer is required to carefully check his packages upon delivery in order to immediately make any reservations to the carrier. No complaint can be considered admissible if the Customer has accepted without reservation his parcels at the time of their delivery.
Any error or modification made by the Customer in a current delivery order, whatever it may be, will result in an extension of the planned delivery time. Additional costs will be charged to the Customer.
In the case of an order of products :
In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of fourteen clear days from the delivery of his order to return the item delivered for exchange or refund, at the option of the Customer, without penalty, except for the cost of return.
In application of article L. 221-28 of the Consumer Code, the Customer is informed that the right of withdrawal cannot be exercised for certain contracts.
The notification of the will of retraction can be done by the form available on our site or by our Customer Service by mail or by phone (see the page Contacts for the coordinates)
COCA MARIANI undertakes to reimburse the Customer within a maximum of fourteen days after notification of the withdrawal and subject to the return of the products. The cost of returning the product shall be borne by the Customer.
Returns should be sent to:
Plugwine - France Gourmet Diffusion
On behalf of COCA MARIANI
215, rue Einstein
Any order implies a payment defined according to the terms and means specified in the ordering process.
COCA MARIANI has given a mandate to collect all or part of the money from the Plugwine brand.
Payments by credit card are made via a secure online payment service.
COCA MARIANI and Plugwine never have access to the Customer's bank details.
A payment order made by credit card cannot be cancelled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice to the customer 's right to exercise his right of withdrawal or cancellation of the order later.
In accordance with the law of May 1, 1980, the products delivered to the Customer are sold under reserve of property. The transfer of ownership is subject to the full payment of the price of the products by the Customer on the due date agreed between the parties. In the event of non-payment of the full price of the goods by the agreed due date, COCA MARIANI may claim ownership of the goods at the expense and risk of the Customer.
Toutes les données fournies lors de vos visites des Clients sur https://cocamariani.com/ sont strictement confidentielles. Aucunes des données ou coordonnées personnelles des Clients ne seront vendues ou louées à qui que ce soit sans leur accord préalable. Les données personnelles des clients seront utilisées par COCA MARIANI & Plugwine en vue du traitement des commandes et, le cas échéant afin de les contacter sur des informations exclusivement relatives à nos services : comptabilité, contrôle et sélection de carte de crédit ou autre carte de paiement, analyses marketing et statistiques, tests, maintenance et développement du système, sondages des Clients, relations Clientèle, amélioration de nos futures communications, et meilleure identification des besoins et préférences des Clients. Une fois inscrit(e) sur https://cocamariani.com/, le Client pourra accéder à la page « Mon Compte » et modifier ses données personnelles.
COCA MARIANI may collect, store and use the following data: name, email address, physical contact information, date of birth and sometimes delivery, billing or other order-related information.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify and delete data concerning him. The Customer can exercise this right by sending a letter to the Customer Service (see the Contact page for contact details)
Le traitement automatisé d’informations nominatives sur le site https://cocamariani.com/ a été déclaré auprès de la Commission Nationale de l’Informatique et des Libertés.
COCA MARIANI a recours à l’utilisation de cookies notamment afin de reconnaître le Client lors de sa connexion avec le site https://cocamariani.com/ ainsi qu’à des fins fonctionnelles et analytiques et pour améliorer ses services. Les cookies sont de petits fichiers stockés sur l’ordinateur du Client par son navigateur lorsqu’il visite un site internet.
The Customer has the option to disable the use of these cookies by selecting the appropriate settings on his or her computer. However, this deactivation will result in preventing access to certain features of the site.
COCA MARIANI is bound by the legal guarantee of latent defects, as defined in Article 1641 et seq. of the French Civil Code: "The seller is bound by the guarantee for latent defects of the thing that make it unsuitable for the purpose for which it was intended, or that reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known. Consequently, the customer has up to two months from the date of delivery to submit a complaint to COCA MARIANI. After this period, COCA MARIANI will no longer be able to guarantee the products and the Customer will have to prove that any damage occurred prior to receipt of the products.
The products benefit from the legal guarantee of conformity provided by articles L217-4 and following of the Consumer Code.
It is recalled that the Customer:
- Has a period of two years from the delivery of the goods to act;
- Can choose between repair or replacement of the goods, subject to the conditions of cost provided by Article L. 217-9 of the Consumer Code;
- Is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
If the Customer wishes to invoke the legal warranty of conformity, he/she must inform COCA MARIANI. If the reasons for the return are well-founded, the Products concerned must be returned to the address below, under the same conditions as those governing the exercise of the right of withdrawal. The shipping costs and the return shipping costs will be refunded.
The refund of the returned Product(s) will be made by crediting the bank account linked to the credit card used for the payment of the order.
The refund date may be delayed until the date of actual receipt of the Product(s) at the above address.
COCA MARIANI reserves the right to make changes to its website, its procedures and these Terms and Conditions. The Customer shall be subject to the Terms and Conditions of Sale in force at the time the order is placed. COCA MARIANI shall not be liable, or deemed to have breached these terms and conditions, for any delay or failure to perform, where the cause of the delay or failure to perform is related to a case of force majeure as defined by the case law of the French courts.
La langue du présent contrat est la langue française. Toutes les clauses des présentes Conditions Générales de Vente, toutes les transactions et opérations d’achat effectuées depuis le site https://cocamariani.com/ ainsi que par courrier et par téléphone sont régies par le Droit et la loi Française. Tout litige qui n’aura pas trouvé d’accord à l’amiable sera du ressort des Tribunaux du siège social de la Société COCA MARIANI ou du tribunal du département choisi par le Client.
Conformément à l’article L. 3342-1 du code de la santé publique, la vente d’alcool à des mineurs de moins de dix-huit (18) ans est interdite. Le Client s’engage à avoir 18 ans révolus en passant sa commande sur le site https://cocamariani.com/.
MAIN APPLICABLE TEXTS
Article L217-4 of the Consumer Code
"The seller delivers a good in conformity with the contract and is responsible for the defects of conformity existing at the time of the delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility".
Article L217-5 of the Consumer Code
"The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, if necessary :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L217-12 of the Consumer Code
"The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good".
Article L221-28 of the Consumer Code
"The right of withdrawal cannot be exercised for contracts (...):
7° For the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader (...)".
Article 1641 of the Civil Code
"The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price, if he had known about them.
Article L3342-1 Code de la santé publique
"The sale of alcoholic beverages to minors is prohibited. The offer of these beverages free of charge to minors is also forbidden in bars and all shops or public places. The person who delivers the drink requires the customer to prove his majority (...)".
According to the article L.612-1 of the Code of consumption, it is recalled that "any consumer has the right to have recourse free of charge to a mediator of consumption with a view to the amicable resolution of the dispute which opposes him to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system". COCA MARIANI therefore offers its consumer customers the possibility of mediation by a consumer mediator in the event of disputes that cannot be resolved amicably, whose contact details are as follows
- Mediator of the approved mediation center: Mediation solution
It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.