Terms of Sales
Alcohol abuse is dangerous for your health, consume in moderation. The sale of alcohol to minors under 18 is prohibited.
Last updated September 2, 2023
These General Conditions of Sale apply to all orders placed through the website https://cocamariani.com/ and regardless of the clauses that may appear on the buyer's documents.
THE Customer acknowledges having read these General Conditions of Sale and accepts their terms. In a case not covered by these General Conditions of Sale, the distance selling rules of the place where the company is headquartered would apply.
COCA MARIANI undertakes to accept orders placed under the terms of these General Conditions of Sale and within the limits of available stocks.
In case of out of stock, COCA MARIANI undertakes to communicate the supply times necessary to obtain the desired product or to offer a replacement product. COCA MARIANI will honor each order by making one or more deliveries of the products ordered.
By validating his order, the Customer declares having read and accepted these General Conditions of Sale. The preparation and shipping of an order can only be implemented 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 all non-compliant or doubtful orders, as well as those resulting from a Customer with which there would be any dispute.
The prices indicated including tax are expressed all taxes included (applicable VAT, excise and all other taxes applicable on the day the order is concluded, any change may be reflected in the price of the products).
In the event of delivery outside mainland France, the prices displayed are VAT (VAT included) and are supplemented by excise duties and other taxes of the country of origin. Customer (and all other taxes applicable on the day the order is concluded, any change which may be reflected in the price of the products), as well as administrative management costs for customs formalities.
Product prices may change at any time depending on the pricing policy of COCA MARIANI. The products ordered are 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 while stocks last.
The prices displayed are net and exclude shipping costs. Shipping costs may vary depending on the number of products ordered and the shipping country.
Products and promotional offers are offered while stocks last.
COCA MARIANI cannot be held responsible for a possible stock shortage which would result in a delay in the delivery of the order.
In the event of unavailability of one or more products after validation of the order, COCA MARIANI undertakes to inform the Customer by email as soon as possible. In accordance with the Customer, COCA MARIANI may modify the order or will reimburse the unavailable product(s) by crediting the payment card used when ordering.
COCA MARIANI delivered in mainland France and internationally, for which customs formalities are necessary. Shipping costs are automatically calculated on our site depending on the destination of the order and the quantity of products ordered.
Deliveries to any other destination must be subject to a specific quote.
The wines come from our estate and are stored on the logistics platform of the Plugwine brand located in Mâcon.
The delivery time for orders is 7 working days for Metropolitan France after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the order confirmation received by e-mail from the Customer. The order is delivered to the delivery address chosen by the Customer.
THE Customer is required to carefully check its packages upon delivery in order to immediately raise any reservations with the carrier. No claim can be deemed admissible if the Customer accepted his packages without reservation upon their delivery.
Any error or modification made by the Customer in a current delivery order, whatever it may be, results in an extension of the scheduled delivery time. Additional costs will be the responsibility of the Customer
Regarding an order for 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 delivery of the order to return the delivered item for exchange or refund, at the choice of the Customer, without penalties, except for return costs.
Pursuant to article L. 221-28 of the Consumer Code, the Customer is informed of the fact that the right of withdrawal cannot be exercised for certain contracts.
Notification of the desire to withdraw can be made using the form made available on our site or from our Service. Customer by email or telephone (see the Contacts page for contact details)
COCA MARIANI undertakes to reimburse the Customer within a maximum period of fourteen days after notification of withdrawal and subject to the return of the products. The cost of returning the product remains the responsibility of the Customer.
Returns must be sent to the address:
Plugwine – France Gourmet Diffusion
On behalf of COCA MARIANI
215 Einstein Street
Any order involves payment defined according to the terms and means specified in the order process.
COCA MARIANI has given a total or partial collection mandate to the Plugwine brand.
Payments by credit card are made via a secure online payment service.
COCA MARIANI and Plugwine never have access to the banking data of Clients.
A payment order made by credit card cannot be canceled. From then on, payment of the order by the buyer is irrevocable, without prejudice to the Customer to exercise their right of withdrawal or subsequent cancellation of the order.
In accordance with the law of May 1, 1980, products delivered to Customer are sold subject to retention of title. The transfer of ownership is subject to 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 total price of the goods on the agreed due date, COCA MARIANI may claim ownership of the products at the expense and risk of the Customer.
All data provided during your Customer visits on https://cocamariani.com/ are strictly confidential. None of Customers' personal data or contact details will be sold or rented to anyone without their prior consent. Customers' personal data will be used by COCA MARIANI & Plugwine for the purpose of processing orders and, where applicable, in order to contact them regarding information exclusively relating to our services: accounting, control and selection of credit cards or other payment cards, marketing and statistical analyzes, tests, maintenance and system development, Customer surveys, Customer relations, improvement of our future communications, and better identification of Customer needs and preferences. Once registered on https://cocamariani.com/, THE Customer will be able to access the “My Account” page and modify their personal data.
COCA MARIANI may be required to collect, store, use the following data: name, email address, physical contact details, date of birth and sometimes delivery information, billing or other information related to the order.
In application of the 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 Customer Service (see the Contact page for contact details)
Automated processing of personal information on the site https://cocamariani.com/ has been declared to the National Commission for Information Technology and Liberties.
THE Customer has the possibility to deactivate the use of these cookies by selecting the appropriate settings on their computer. However, this deactivation will result in preventing access to certain features of the site.
COCA MARIANI is bound by the legal guarantee against hidden defects, within the meaning of article 1641 et seq. of the Civil Code: “The seller is bound by the guarantee for hidden defects in the item which make it unfit for the use for which it is intended. intended, or which diminish this use so much, that the buyer would not have acquired it, or would have only given a lower price, if he had known about them. Consequently, the Customer has up to 2 months after the delivery date to send his complaint to COCA MARIANI. Beyond this period, the company COCA MARIANI will no longer be able to guarantee the products and Customer must prove that their possible alteration occurred prior to their receipt.
The products benefit from the legal guarantee of conformity provided for by articles L217-4 et seq. of the Consumer Code.
It is recalled that the Customer:
– Benefits from a period of two years from the delivery of the property to take action;
– Can choose between repair or replacement of the good, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
– Is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
The Customer who wishes to invoke the legal guarantee of conformity 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. Delivery costs as well as return costs will be refunded.
Reimbursement of the returned Product(s) will be made by crediting the bank account linked to the bank card used to pay for the order.
The refund date may be deferred until the date of actual receipt of the Product(s) at the above address.
COCA MARIANI reserves the right to make modifications to its website, its procedures and these General Conditions of Sale. THE Customer is subject to the General Conditions of Sale in force at the time of placing the order. COCA MARIANI cannot be held responsible, or considered to have failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
The language of this contract is French. All clauses of these General Conditions of Sale, all transactions and purchasing operations carried out from the site https://cocamariani.com/ as well as by mail and by telephone are governed by French law and law. Any dispute which has not been resolved amicably will be the responsibility of the Courts of the Company's head office. COCA MARIANI or the court of the department chosen by the Customer.
In accordance with article L. 3342-1 of the public health code, the sale of alcohol to minors under eighteen (18) years of age is prohibited. THE Customer undertakes to be at least 18 years old when placing an order on the site https://cocamariani.com/.
MAIN APPLICABLE TEXTS
Article L217-4 of the Consumer Code
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility”.
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods”.
Article L221-28 of the Consumer Code
“The right of withdrawal cannot be exercised for contracts (…):
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional (…)”.
Article 1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not would have given a lower price for them, if he had known about them”.
Article L3342-1 Public Health Code
“The sale of alcoholic beverages to minors is prohibited. The offering of these drinks free of charge to minors is also prohibited in drinking establishments and all businesses or public places. The person delivering the drink requires the customer to provide proof of majority (…)”.
According to article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system. As such COCA MARIANI offers its Consumer Clients, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Mediator of the approved mediation center: Mediation solution
Please note that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.