Terms and conditions | On The Cusp rosé wine Languedoc Roussillon France

Our terms and conditions of sale and use.

Last revised: 01/08/2024

This Conditions

(1) This website (the "www.onthecusp.fr") and/or the services, including all mobile applications connected to it (collectively the "Services") and any offer or sale of products (the "Products") through the Site, are owned and operated by ON THE CUSP (SAS) (hereinafter also referred to as "we", "us" or "our"). »). These Terms and Conditions of Sale (the "Terms") set forth the terms and conditions under which visitors or users (collectively, the "user" or "you") may visit or use the Site and/or Services and purchase Products.

(2) By accessing or using the Services, you acknowledge that you have read and agree to these Terms and you agree to be bound by them. If you do not agree to all of the Terms, you may not access the Site or use any of the Services. Please read these Terms carefully before accessing or using our Site or Services, or purchasing Products. In these Terms, you will find out who we are, how we sell our Products to you, how you can withdraw from the purchase contract and what you can do if there is a problem.

(3) You represent that you are of the age of majority or above the legal age in your country or region to purchase and consume alcohol, and that you have the legal authority, right, and authority to enter into a binding agreement based on these Terms, to use the Services, and to purchase Products. If you are under the age of majority or legal age in your country or region, you may use the Services or purchase Products only with the consent of your parent or legal guardian.

(4) This website is published by ON THE CUSP SAS located at 25 avenue messager – 78360 Montesson France – RCS Versailles 98406434500015 – intra-community VAT FR84984064345

The director of publication is Olivier Dussourd.

You can contact us:

By e-mail: x.courpotin@onthecusp.fr
By mail: 25 avenue messager – 78360 Montesson – France
Via Notre formulaire de contact : Contact us | On The Cusp the french rosé Wine for friends

This site is hosted by Wix.com

These Terms are provided in the English language. In the event of any discrepancy between the French version of this document and any of its translations, the French version shall prevail.

The Public Health Code prohibits the sale of alcohol to anyone under the age of 18, so in order to use our Site, purchase our Products, and/or enjoy our Services, you must be at least 18 years of age, or the legal age of majority in your country or region, and possess the legal authority, right, and authority to enter into these Terms as a binding agreement. You are not permitted to use this Site and/or enjoy our Services if it is prohibited in your country, or by any law or regulation applicable to you.

In addition, before placing and confirming an order, you must read and agree to these Terms.

When creating an account, you agree to provide accurate and complete information regarding your personal contact details as well as any other information necessary for access to services, products and delivery.

A customer or member account is personal and may not be assigned, loaned or handed over to any third party. Access to an account must be carried out by means of a username and a personal password. The storage of these is your sole responsibility. If you have the slightest doubt about their integrity or suspicion of fraud, you must notify us so that we can regenerate new secure ones.

You may download and print these Terms.

(5) These General Terms and Conditions of Sale and Use apply to any purchase made from OUR COMPANY ON THE CUSP on Our online e-store via the www.onthecusp.fr Website. These General Terms and Conditions of Sale and Use are accessible at any time on Our Site.

The fact of placing an order implies your full and complete acceptance of the various clauses of these T&C&U and apply automatically to the relations between you, the Client and Our company ON THE CUSP.

Product Description

(1) You should read the description of the Services and/or Products carefully before placing an order. The description of the Services and/or Products presents the essential characteristics of the Services and/or Products, in accordance with Article L. 111-1 of the Consumer Code. These descriptions are designed to provide you with the most comprehensive information possible about these features, but not exhaustive. Photographs, drawings and descriptions of the Products and/or Services are provided for information purposes only and are not binding on us.

(2) We invite you to refer to the information and instructions for use on the packaging, labels and accompanying documents. We cannot be held liable for any damage resulting from failure to comply with these instructions for the use of the Products and/or Services provided on our website.

Purchase of Products

(1) Any purchase of Products is subject to the Terms applicable at the time of such purchase.

(2) When purchasing a Product:

(i) it is your responsibility to read the complete list of items before committing to purchase them,

(ii) placing an order on the Site (by completing the checkout process by pressing the "Buy" button or similar button) may result in a legally binding contract for the purchase of the relevant Product, unless otherwise specified in these Terms.

(3) You can choose from our selection of Products and place the products you intend to purchase in a shopping cart by clicking on the corresponding button. The prices we charge are indicated on the Site. We reserve the right to change our prices or correct any pricing errors that may inadvertently occur at any time. These changes do not affect the price of Products that you have already purchased before. At checkout, you will be presented with a summary of all the Products you have placed in your shopping cart. This summary includes the essential characteristics of each product as well as the total price of all products, the applicable value added tax (VAT) and the shipping costs, as applicable. The checkout page also gives you the opportunity to check and, if necessary, change or withdraw Products, or change quantities. If necessary, you can also identify and correct input errors by using the edit function before making your order permanently binding. Any delivery time stated applies from the receipt of your payment of the purchase price. By pressing the "Buy" button, you place a binding order to purchase the advertised Products at the price and with the shipping costs indicated. To complete the order process by clicking the "Buy" button, you must first agree to these Terms as legally binding on your order by ticking the relevant box.

(4) We will then send you a confirmation of receipt of your order by e-mail, in which your order will be summarised again and which you can print out or save using the corresponding function. Please note that this is an automated message that only documents the fact that we have received your order. It does not indicate that we accept your order.

(5) The legally binding contract for the purchase of the Products is concluded only when we send you an acceptance notice by e-mail or deliver the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method for your order and you have chosen it, if a payment process is initiated immediately after your order is submitted (e.g. a credit card payment, or an instant bank transfer via PayPal, or another similar payment method). In this case, the legally binding agreement is concluded when you complete the order process, as described above, by pressing the "Buy" button.

(6) We reserve the right to cancel or refuse any order placed by a customer with whom there is a dispute in relation to their method of payment for a previous order placed on our Site.

(7) An invoice will be issued at the time of dispatch of the order and will be available in the "my account" section of our Site. On request, an invoice can be sent to you by email.

In accordance with the terms of Law No. 80-336 of May 1, 1980, relating to retention of title, the products remain the property of ON THE CUSP until the invoices have been paid in full.

The customer becomes the owner and responsible for the items upon delivery, the transfer of possession being equivalent to the transfer of risk.

(8) Payment for Products ordered on our Site can be made by Credit Card or via PayPal. VISA, EUROCARD, MASTERCARD or AMERICAN EXPRESS are accepted as methods of payment.

PayPal reserves the right to suspend the validation of your payment for the purpose of verification of the transaction by its services, we reserve the right to ship your order only from the day of validation of your payment by PayPal on our bank accounts.

(9) Gift Cards: ON THE CUSP only accepts gift cards purchased on our Site.

Delivery of Products

(1) We can deliver our products in France.

Delivery times vary depending on the type of Products ordered, the delivery address and the delivery method chosen:

Home delivery
Click 'n collect at our ON-THE-CUSP head office located at 25 avenue messager – 78360 Montesson, France

(2) Shipping costs are included and included in the purchase price indicated on each product sheet on our Site.

(3) We are committed to doing our best to deliver your orders within 3-5 days. In the event of additional delays, we undertake to notify you as soon as possible, if possible before confirming your order or as soon as we are able to indicate the additional time necessary for the delivery of your order.

(4) In the event that the ordered product is permanently out of stock, it will be replaced by the following vintage or by an equivalent product and with the same pricing conditions.

In the event of a temporary stock shortage, we will offer you the choice of waiting until the restocking date that will be indicated to you. But in this case you will have the option to accept and wait to receive your order in full, request the partial or complete cancellation of your order.

In both cases of permanent or temporary shortage, you will have the option of requesting a credit note or a refund for the unavailable product(s) or your entire order.

(5) Concerning the responsibility for transport, i.e. the receipt of the goods ordered and In accordance with Article L.133-3 of the French Commercial Code, it is your responsibility to carefully check the contents of the package at the time of receipt and in the presence of the delivery person.

As the carrier is responsible for the integrity of the packages it carries during delivery, it is your responsibility to check the contents of the package upon receipt and to formulate precise and justified reservations indicating the damage, by writing them on the delivery note or electronic medium presented by the carrier. In the event of breakage or serious damage, you have the option of refusing the package if its integrity has not been respected and the product(s) do not comply with their integrity.

The fact of indicating on the delivery note or any other digital medium the words "Subject to opening of the package", or "damaged package" cannot be considered as necessary and sufficient reservations to refuse the package(s) and/or request any compensation.

In the event of damage found on delivery and in the presence of the delivery person and after booking indicated on the delivery note or digital medium, you must notify ON THE CUSP within a maximum of 48 hours after receipt of your order via our contact form. If all the conditions are met, we undertake to offer you a credit note or a partial or total refund depending on whether you have refused all or part of the order.

Coupons, Gift Cards and Other Offers

We may from time to time offer coupons, gift cards or discounts and other offers ("Offers") with respect to our Products. These Offers are only valid for the duration that may be stated therein. Offerings may not be transferred, modified, sold, exchanged, reproduced, or distributed without our express written permission.

Refund & Return Policy

You have the right to withdraw without giving any reason for 14 days from the date of receipt of the Product or the date on which you signed the contract for the provision of services. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.

To exercise your right of withdrawal, you must notify us of your decision by e-mail to x.courpotin@onthecusp.fr or via our contact form Contact us | On The Cusp the French rosé Wine for friends within the given period, using the withdrawal form available on our Site.

If you contact us by e-mail, we will acknowledge receipt of your withdrawal.
You must return the Products as soon as possible in their original packaging, in any case within 14 days of notification of your withdrawal.

You will then have to send the products back to us by courier to the following address: ON THE CUSP SAS, 25 avenue messager – 78360 Montesson.

You will also be able to return the products to us in person at the same address.

Upon receipt of the Product(s), we will carry out a thorough inspection of the Products thus returned, a full or partial refund will be made within 14 days depending on the condition and conformity of the Product(s) and packaging returned, with the exception of the return costs, which are at your expense.

Refunds will only be made to the same means of payment that you used when you purchased on our Site.

Products that have been opened, opened and/or damaged after receipt and without any reservation indicated on the delivery note cannot be refunded.

The right of withdrawal only applies to private customers.

Product Warranty

(1) If the Product is affected by a latent defect, you are entitled to take action on the basis of the warranty provided for in Articles 1641 et seq. of the Civil Code for two years from the discovery of the defect. A latent defect means that it renders the Product unfit for its intended use, or that it hinders its use in such a way that you would not have purchased it or would have given it only a lower price if you had known of the defect. It also implies that you did not know that the defect existed at the time you purchased the Product.

This warranty is limited to abnormal manufacturing defects. Defects resulting from the evolution of the wine (corking of the bottle, method and place of storage of the wine at your home or establishment), misuse, conservation or any other act of the Customer, as well as defects of an aesthetic nature (design of the bottle or label, color of the wine, capsule, etc.) In addition, the Customer's dissatisfaction with the intrinsic quality of the product is excluded from this warranty regime.

(2) As a consumer, you benefit from the legal guarantee of conformity under the conditions of Article L. 217-4 et seq. of the Consumer Code. The legal warranty protects the consumer when he buys a product that does not conform to its description, or that is not suitable for the normally intended use, due to lack of conformity at the time of delivery. You have two years from the delivery of a Product to act on the basis of the legal guarantee of conformity. You may request the repair or replacement of the Product, except within the framework of the provisions of Article L. 217-9 paragraph 2 of the Consumer Code. If repair or replacement of the Product is not possible, you may promptly return the Product to us to be entitled to a full refund. During the 24 months following delivery, you do not have to provide proof of the alleged defect.

(3) Except as expressly provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all other warranties or conditions, whether oral or written, including, but not limited to, regarding accuracy, timeliness, completeness, results, performance, error-free or interrupted performance, title, non-infringement, quality, quality of information, quiet enjoyment, merchantability, or fitness for a particular purpose (even if we have been advised of such use), and all representations, express or implied warranties, or other conditions arising from course of performance, course of dealing, or usage of trade.

Member Account
(1) To access and use certain areas and features of our Site, you must first register and create an account ("Member Account"). You must provide accurate and complete information when creating your Member Account.

The personal information and personal data concerning you are necessary for the management of your orders and for our commercial relations. It may be transmitted to the companies that contribute to these relationships, such as those responsible for the execution of the deliveries of your orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow us to improve and personalize the services and information offered.

(2) If someone other than you accesses your Member Account and/or any of your settings, they will be able to perform any actions available to you, including making changes to your Member Account. Therefore, we strongly encourage you to keep your Member Account login credentials secure. All such activities may be deemed to have taken place in your name and on your behalf, and you will be solely responsible for all activities that occur under your Member Account, whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities. You are responsible for the activities that occur under your Member Account in the manner described if you have allowed the use of your Member Account negligently, failing to take reasonable care to protect your login credentials.

(3) You may create and access your Member Account through a dedicated web page or by using a third-party platform such as Facebook or Google (the "Social Media Account"). If you register through an account on a third-party platform, you authorize us to access certain information about you, which is stored in your Social Media Account.

(4) We may temporarily or permanently terminate or suspend your access to your Member Account without liability, in order to protect ourselves, our Site and Services, or other users, including if you violate any provision of these Terms or any applicable law or regulation in connection with your use of the Site or your Member Account. We may do so without notice to you if circumstances require immediate action, in which case we will notify you as soon as reasonably practicable. In addition, we reserve the right to terminate your Member Account without cause, by sending you two months' notice by email, if we terminate our Member Accounts program or for any other reason. You may stop using your Member Account and request its deletion at any time by contacting us.

Intellectual property

(1) Our Services and related content (and any derivative works or enhancements thereof), including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technologies, documentation, trademarks, service marks, trade names and trade dress and interactive features, and all intellectual property rights relating thereto, are owned by or licensed to us (collectively, "Our Intellectual Property"), and nothing herein grants you any rights in relation to Our Intellectual Property. Except as expressly provided herein or as required by mandatory provisions of applicable law for the use of the Services, you will not acquire any right, title or interest in Our Intellectual Property. All rights not expressly granted in these Terms are expressly reserved.

(2) If the Products include digital content such as music or videos, the rights indicated for such content on the Site will be granted to you.

Disclaimer of Warranties for Use of the Site and Services
The Services, Our intellectual property and all documents, information and content provided in connection therewith that are made available to any user free of charge are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including any warranties of fitness for a particular purpose and any warranties regarding security, the reliability, timeliness, accuracy, or performance of our services, except in the case of malicious non-disclosure of defects. We do not warrant that our Free Services will be uninterrupted or error-free, or that they will meet your requirements. Access to the Services and the Site may be suspended or limited due to repairs, maintenance or updates. The warranty of the Products you have purchased from us, as mentioned in the "Product Warranty" section above, will not be affected by this.

Indemnisation

You agree to defend and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Site and Services in violation of these Terms, including in particular any use that violates the limitations and requirements set forth in these Terms, unless these circumstances are not caused by you.

Limitation of Liability

(1) To the fullest extent permitted by applicable law, we exclude all liability for any amount or type of loss or damage that may result to you or any third party (including any direct or indirect loss and any loss of revenue, profits, goodwill, data, contracts, as well as any loss or damage resulting from, or related to, business interruption, loss of opportunities, loss of anticipated savings, waste of management or office time, even if foreseeable, in connection with

(i) this Site and its contents,

(ii) the use, inability to use, or the results of the use of this Site,

(iii) any website linked to this Site or the materials on such linked websites.

(2) We shall not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is the result of a cause beyond our control and/or a case of force majeure within the meaning of Article 1216 of the Civil Code.

Modification of the Terms or Services; interruption
(1) We reserve the right to change these Terms whenever necessary, in our sole discretion. You should therefore consult them regularly. If we change these Terms in a material way, we will notify you that material changes have been made. Your continued use of the Site or our Service after any such change will constitute your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not access or use the Site or Service.

(2) We may modify the Services, discontinue providing the Services or any features of the Services we offer, or create limitations for the Services. We may terminate or suspend access to the Services permanently or temporarily for any reason, without liability. We will provide you with sufficient notice of this if possible in the given circumstances and we will reasonably take into account your legitimate interests in such an action.

Links to Third-Party Sites

The Services may include links that take you away from the Site. Unless otherwise stated, the linked sites are not under our control and we are not responsible for their content, any links contained therein, or any changes or updates thereof. We are not responsible for transmissions received from linked sites. Links to third-party sites are provided for convenience only. If we add links to other websites, this does not mean that we endorse their owners or their content.

Jurisdiction in the event of a dispute

In the absence of mandatory provisions, any dispute relating to the validity, nullity, interpretation or performance of the relationships will fall under the jurisdiction of the Courts of Versailles. In addition, any question relating to the validity, nullity, interpretation or performance of the relationship will be subject to French domestic law.

Applicable law

(1) These Terms shall be governed by and construed in accordance with the laws of France, excluding conflict of law rules.

(2) If you would like to draw our attention to a topic, complaint or question regarding our site, please contact us: Contact us | On The Cusp, the French rosé Wine for friends

If, after contacting us, you believe that the problem has not been resolved, you will have the right to resort to the consumer mediation procedure in the event of a dispute, in accordance with articles L.611-1 et seq. of the Consumer Code. To submit your request to the Consumer Mediator, complete the online dispute resolution form available at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Diverse

(1) No waiver of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

(2) The article titles used in these Terms are used for convenience only and have no legal substance.

(3) Unless otherwise specified, if any part of these Terms is found to be illegal or unenforceable for any reason, it is agreed that such part of these Terms will be deleted, the other terms of these Terms will not be affected and will remain in full force and effect.

(4) By accepting the Terms, you agree not to contest the probative value of the documents exchanged via the Site, based on their electronic nature. Computerized records are considered evidence of communications, orders, and payments made between us.

(5) Your acceptance of the Terms and Conditions constitutes an agreement of proof, within the meaning of Article 1368 of the Civil Code.

(6) You may not assign your agreement with us under these Terms, or your rights or obligations hereunder, in whole or in part, without our prior written consent.

(7) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us regarding the Services and the sale of the Products.

(8) The provisions of these Terms, which by their nature should survive any action by us, shall survive, including, but not limited to, the provisions relating to indemnities, waivers, disclaimers, limitations of liability, and this "Miscellaneous" section.

To contact us:

Utilisez Notre formulaire de contact : Contact us | On The Cusp the french rosé Wine for friends

Send an email to: x.courpotin@onthecusp.fr

You must be above legal drinking age to visit our web site. Drink responsibly.

Appendix 1 - Model withdrawal form

(Art. R. 221-1 of the Consumer Code)

Right of Withdrawal Form

Fill out and submit the following form if you wish to opt out of the agreement.

Att. : Service client

Sté ON THE CUSP SAS

25 avenue messager

78360 Montesson